1993-02
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RBSOLUTION NO. OL-93-02
A RESOLUTION OP THE OLIVENBAIN COMMUNITY ADVISORY BOARD
OP THE CITY OP ENCINITAS APPROVING
A MINOR USE PERMIT AND VARIANCB APPLICATION
POR A DAY CARE CENTER
POR PROPERTY LOCATBD AT 502 RANCHO SANTA FE ROAD
AND LBGALLY DBSCRIBED HERBIN
(CASE NO.: 92-189 MIN/V)
WHEREAS, a request for consideration of a Minor Use Permit and
Variance application for a children's Day Care Center was filed by
Cathy Horton to allow for the use of an existing single family
residence and grounds for a Day Care Center for a maximum of 42
children and for Variance to the Parking standards to allow for a
reduction of the 10 required parking stalls to four (4) parking
stalls to be located in the front yard setback for property located
at 502 Rancho Santa Fe Road, legally described as;
The Northerly 127.00 feet of Block 35 of the COLONY OF
OLIVENHAIN, in the ci ty of Encini tas, County of San
Diego, State of California, according to Map thereof No.
326, filed in the office of the County Recorder of San
Diego County, July 8, 1885. Together with that portion
of the Easterly Half of "c" Street vacated and closed to
public use lying Westerly of and adjoining the above
described land on the West.
WHEREAS, a public hearing was conducted on the application on
February 2,1993 before the Olivenhain Community Advisory Board and
continued to the Board's meeting of March 2, 1993; and
WHEREAS, the Community Advisory Board considered:
1.
The staff reports dated January 28 and February 24,1993;
and
2.
The Minor Use Permit Modification and Variance
application and statement of Justification received by
the City on October 19, 1992 and January 15, 1993; the
Minor Use Permit Site Plan and Building Floor and
Improveme~t Plans received by the City on January 15 and
January 21, 1993, and the Revised site Plan dated
received by the City on February 19, 1993 indicating
vacations and dedications along Whisperwind Drive and the
location of 4 parking stalls; and
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3.
Oral evidence received from the public, the applicant and
City staff submitted at the hearing; and
4.
written evidence submitted at the hearing; and
5.
The adopted General Plan, Zoning Code, and associated
Land Use Maps; and
WHEREAS, the Olivenhain Community Advisory Board made the
following findings pursuant to sections 30.74. 070B and 30.78.030 of
the Municipal Code related to Use Permits and Variances:
SEE ATTACHMENT "A"
NOW THEREPORB, BB IT RBSOLVED that Minor Use Permit
Modification and Variance application #92-189 for a children's Day
Care Center is hereby approved by the Olivenhain Community Advisory
Board subject to the following Conditions:
1.
GENERAL CONDITIONS:
A. This Minor Use Permit and Variance approval shall expire
on March 2,1995, twenty-four months after the Community
Advisory Board's approval unless an appeal is filed,
Building Permits have been issued for the project, or an
extension of time has been approved pursuant to the
Municipal Code.
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D.
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B.
This approval may be appealed to the Planning Commission,
pursuant to Chapter 1.12 of the Municipal Code, within 15
calendar days from the date of this approval.
Approval of this application shall not waive compliance
with any sections of the Zoning Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived
herein.
C.
The Minor Use Permit and Variance application is approved
as submitted and reviewed by the Community Advisory Board
and as evidenced on plans dated received by the City on
January 21 and February 19, 1993. Said January 21st
plans consisting of 2 sheets including the (1) site Plan
(see Revised plan dated received February 19, 1993) and
(2) the first and second story Floor Plans indicating
improvements to be made to bring the structure into
conformance with Uniform Fire and Building Codes. Said
February 19, 1993 plans consisting of one sheet showing
the project's revised site Plan. Said plans are approved
as submitted or as conditioned herein and shall not be
altered without review and approval by the City as
provided by the Municipal Code.
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2.
H.
SITE DEVBLOPMENT: Developer shall contact the Community
Development Department regarding compliance with the Following
conditions:
A.
Prior to any use of the project site in reliance on this
approval, all conditions of approval contained herein
shall be completed, or agreed upon, to the satisfaction
of the Director of community Development.
B.
For new impervious surfaces il\:-£~e~s of 500 square feet,
the developer shall pay ~-~ontrol fees at the
established rate. Arrangements shall be made to the
satisfaction of the appropriate department or agency to
pay the impact fees prior to Building Permit issuance or
Final Occupancy approval.
C.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties to the satisfaction of the City
Engineer.
D.
A plan shall be submitted for approval by the Community
Development Director and the Encinitas Fire Prevention
District regarding the treatment of the site during the
construction phase, and the circulation and parking of
construction workers' vehicles and any heavy equipment
needed for the construction of the project.
E.
Property owner{s) shall agree to preserve and save
harmless the ci ty of Encini tas and each off icer and
employees thereof from any accident, loss, or damage to
persons or property happening or occurring as the
proximate result of any of the work undertaken to
complete this project, and that all of said liabilities
are hereby assumed by the property owner{s).
The 13 foot public right-of-way vacation and the
dedication of 27 feet of the northwest portion of the
property as shown on the site Plan dated received by the
City on February 19,1993, shall be submitted to the City
Council within four (4) months of the date of this
approval. The Director of Community Development may
grant a reasonable time extension for this requirement if
the applicant sufficiently demonstrates a need for
additional time. Should the City Council deny the
vacation and dedication request, this application will be
referred back to the Olivenhain Community Advisory Board
for further review at a noticed Public Hearing.
F.
G.
The improvements to the front yard of the property to
allow for the 4 parking stalls indicated on the site Plan
dated received by the City on February 19, 1993 shall be
completed in conjunction with future street improvements
to Whisperwind Drive.
The fencing indicated on the site Plan dated received by
the City on February 19, 1993 shall be relocated to the
property line and shall not extend into the public right-
of-way. Installation of the fencing shall be completed
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3.
A.
B.
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in conjunction with the parking improvements required in
Condition 2 G.
I.
The property owner shall cause to be recorded a Covenant
regarding real property which sets forth this grant of
approval. The Coven~nt shall be in form and content
satisfactory to the Director of Community Development.
PIRE PREVENTION DISTRICT AND BUILDING DIVISION: Developer
shall contact the Encinitas Fire Prevention District and the
City Building Division regarding compliance with the following
conditions: .
Prior to Building Permit issuance, the developer shall
submit to the Community Development Department a letter
from the Fire District stating that all development
impact, plan check and/or cost recovery fees have been
paid or secured to the satisfaction of the Fire District.
structural plans and details for the residence and the
converted garage shall be checked for Uniform Fire and
Building Code (UFC and UBC) requirements when submitted
to the Building Division for Plancheck. Said submittal
shall be required within 30 days from the date of this
approval. Buildings used for educational purposes for
more than 12 children are considered an E-3 occupancy and
must comply with the Building Code provisions for that
use. The Structural Plans shall be submitted to show the
building's construction and exiting systems as well as
improvements to bring the structures into conformance
with UFC and UBC requirements. The buildings must also
comply with state of California Title 24 disabled access
provisions. The Structural Plans must be signed by an
Architect or state licensed Engineer. At the time of
Building Permit Plancheck submittal, the applicant shall
provide a "Schedule of Improvements Plan" indicating to
the satisfaction of the Fire Marshal the timing for the
completion of improvements to bring the structures into
conformance with Code requirements. said improvements
shall be completed no later than 10 months after the date
of this approval (January 2, 1994).
BE IT FURTHER RESOLVED that the Olivenhain Community Advisory
Board has found that the project is exempt from environmental
review pursuant to section 15301 (e) of CEQA since the project is
for the conversion of an existing single family residential
structure to a Day Care Center use and no new construction is
proposed. This determination reflects the Board's independent
judgement as the Lead Agency pursuant to CEQA and the City's
Environmental Review Guidelines.
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PASSED AND ADOPTED this
following vote, to wit:
2nd day of March,
1993
by the
AYES: Bode, Greer, Kitnick, Van Slyke
NAYS: None
ABSENT: None
ABSTAIN: None
P 1 n Slyk , V1ce-Cha1rman
of the Olivenhain Community
Advisory Board, City of
Encinitas
c;:;: [¿ . u9~
Cra1g R. Olson
Assistant Planner
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(A)
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ATTACHMENT "A"
RBSOLUTION NO. OL-93-02
Findings Pursuant to section 30.74.070B
of the Municipal (Zoning) Code
Related to Minor Use Permits
The location, size, design or operating characteristics of the
proposed project will be compatible with and will not
adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
1.
The adequacy of public facilities, services and utilities
to serve the proposed project;
2.
The suitability of the site for the type and intensity of
the use or development which is proposed; and
The harmful effect, if any, upon environmental quality
and natural resources of the City:
3.
Pacts: All utility services (including sanitary sewer) are
currently provided to the subj ect property. The Day Care
Center proposes to continue the use to care for'42 children as
has been provided for approximately 14 years. The site plan
submitted with the application indicates that four parking
stalls will be located on the property within the front yard
setback. The City's adopted Off-Street Parking Standards
require 8 parking stalls for the Day Care use and an
additional two stalls for the residential use of the property.
The parking stalls are required to be located on the property,
outside front and street side yard setbacks, in accordance
wi th the Parking Design Guidelines. No evidence has been
submitted to indicate that the project would pose any
significant adverse impact to marine or terrestrial animal
species or their habitat.
Discussion: The use has been licensed for 42 children by the
State Dept. of Social Services. Four of the required 10
parking stalls for the combined Day Care and residential use
can be accommodated on the property. It has been demonstrated
that the project site is suitable for the type of use and the
intensity of the combined Day Care Center and residential use
since the use has continued for approximately 14 years without
any history of Code violation complaints.
Conclusion: Therefore, the Olivenhain Community Advisory
Board finds that the project will not adversely impact the
surrounding residentially zoned properties and that the
intensity of the combined residential and Day Care Center uses
are suitable for the location and the size of the property.
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(B)
(C)
The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of the Municipal Code:
Pacts: The Day Care Center requires Minor Use Permit approval
and the applicant requests Variance to the Off-street Parking
standards of the Municipal (Zoning) Code.
Discussion: The Variance to the Off-street Parking standards
is for 4 of the 10 required parking stalls to be located
within the front yard setback of the property. As designed,
the project does not adversely affect the provisions of the
Municipal Code since four of the 10 required parking stalls
are proposed to be situated on the property and the use has
operated at the location for a number of years without any
indication of Code violation complaints.
Conclusion: Therefore, the Olivenhain Community Advisory
Board finds that the project, as approved, will not adversely
affect the provisions of the Municipal (Zoning) Code in that
the required parking standards are adequately addressed by the
project's design to provide four on-site parking stalls.
The project complies with all other regulations, conditions or
policies imposed by the Municipal Code.
Pacts: The Day Care Center use is currently being conducted
wi thin a portion of a structure which is also used as a
residence. In addition, a converted garage is also being used
for the Day Care Center use.
Discussion: "As Built" plans are required to be submitted by
the applicant within 30 days of the date of this approval to
assure that the residential structure and garage conversion
conform to Fire, Plumbing, Electrical and Building Code
requirements as required by the Municipal Code for the
conversion of such structures.
Conclusion: Therefore, the Olivenhain Community Advisory
Board finds that the project, as conditioned, complies with
the regulations of the Municipal Code that require conformance
to Uniform Building and Fire Code standards.
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A.
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ATTACHMENT "A" (continued)
RESOLUTION OL-93-02
Findings Pursuant to section 30.78.030
of the Municipal (Zoning) Code
Related to Variances
A variance from the terms of the zoning ordinance shall be
granted only when, because of the special circumstances
applicable to the property, including size, shape, topography,
location or surroundings, the strict application of the zoning
ordinance deprives such property of privileges enjoyed by
other property in the vicinity and under identical zoning
classification.
Pacts: The applicant seeks Minor Use Permit approval for a
Day Care Center for 42 children and Variance to the Off-Street
Parking Standards.
Discussion: The applicant proposes a Day Care Center for 42
children and the physical condition of the site requires
variance approval for 6 of the required 10 off-street parking
stalls. The Variance allows for 4 parking stalls to be
located in the front yard setback. Unique circumstances exist
on the property concerning the placement of the existing
structure on the site in relation to the configuration of the
property. In addition, the site is impacted by a steep slope
along the exterior of the western side yard of the property.
These circumstances do not allow for access to the rear yard
to accommodate the required parking stalls which may otherwise
be feasible in the rear yard area.
Conclusion: The Olivenhain Community Advisory Board finds,
therefore, that the applicant would be deprived the enjoyment
of the property that other property owners in the neighborhood
generally enjoy since the existing circumstances on the
property warrant variance to the parking standards.
B.
Any variance granted shall be subject to such conditions as
will assure that the adjustment thereby authorized will not
constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in
which such property is situated.
Facts: The applicant proposes to conduct a Day Care Center
for 42 children and to reside on the subject property. The
applicant is processing a vacation and dedication request to
bring the entire frontage of the property into conformance
with the adopted Road Standard for a Semi-Rural Local Road
which measures 27 feet from the street centerline to the
property line.
Discussion: No special privilege is be granted since the
Variance is approved due to the existing constraints on the
property. A Minor Use Permit, wi th findings pursuant to
Section 30.74.070 B of the Municipal Code, has been approved
for the Day Care Center on the site.
Conclusion: Therefore, the Oli venhain Communi ty Advisory
Board finds that the adjustment allowed by the variance to
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eliminate 6 of the 10 required off-street parking stalls for
the Day Care/Residential use is not a grant of special
privilege inconsistent with the limitations on other
properties within the neighborhood since the project is
conditioned to require vacation and dedication of right-of-
way to bring the property into conformance with the Road
Standards for the location.
C.
A variance will not be granted for a parcel of property which
authorizes a use or activity which is not otherwise expressly
authorized by the zoning regulation governing the parcel of
property. The provisions of this section shall not apply to
conditional Use Permits.
D.
Pacts: The application includes a request for Minor Use
Permit approval for the Day Care Center. Therefore, this
finding is not applicable.
No variance shall be granted if the inability to enjoy the
privilege enjoyed by other property in the vicinity and under
identical zoning classification:
1.
Could be avoided by an alternate development plan;
which would be of less significant impact to the
site and adjacent properties than the project
requiring a variance;
2.
Is self-induced as a result of an action taken by
the property owner or the owner's predecessor;
3.
Would allow such a degree of variation as to
constitute a rezoning or other amendment to the
zoning code; or
4.
Would authorize or legalize the maintenance of any
private or public nuisance.
Pacts: The property fronts onto Whisperwind Drive which is
currently dedicated to an 80-foot wide public right-of-way.
The City's Road Standards indicate that Whisperwind Drive is
Semi-Rural Local designation which requires 54 feet of right-
of-way. The applicant has indicated that a vacation of excess
right-of-way will be made to the City Council. This approval
will not become effective until the vacation of right-of-way
is approved by the City Council.
Discussion: The alternate site plan seeks the vacation of the
excess right-of-way and redesigns the project to have four of
the required 10 off-street parking stalls located within the
boundaries of the subject property. This alternate
development plan can be seen to be a less significant impact
to the property since additional square footage is added to
the property to better accommodate the required parking
spaces.
Conclusion: Therefore, the Olivenhain Board finds that the
degree of variance has been reduced by an alternate
development plan submitted by the applicant which includes the
vacation of excess right-of-way. This development plan would
be of less significant impact to the site and adjacent
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properties than the original request for variance since some
of the required parking spaces can be located on the property.
No evidence has been received to indicate that approval of the
Variance would authorize or legalize the maintenance of any
private or public nuisance.
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