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1993-02 . . . 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 . 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. . D. . 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. . . . 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 . 3. A. B. . 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. . . . . 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 . (A) . . 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. . . . . (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. . A. . . 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 . . . 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 . 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. . .