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1988-36 RESOLUTION NO. C-88-036 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A MINOR USE PERMIT TO ALLOW OPERATION OF A SMALL SCHOOL/DAY CARE FOR UP TO 30 CHILDREN; LOCATED AT 1607 CREST DRIVE (CASE NO. 88-251 MIN) WHEREAS, a request for consideration of a Minor Use Permit was filed by Gail V. Ewing, applicant, to allow operation of a small school/day care facility for up to 30 children in an existing single family residence as per Section 2704(b) of the City of Encinitas Municipal Zoning Code, for the property located at 1607 Crest Drive, legally described as; Those portions of Lots 18 and 19, Block "E" of PALOMARES HEIGHTS, in the County of San Diego, State of California, according to Map thereof No. 2114, filed in the Office of the County Recorder of said San Diego County, June 19, 1928. WHEREAS, a public hearing was conducted on the application on October 10, 1988; and WHEREAS, the Community Advisory Board considered: 1. The staff reports dated October 7, 1988; 2. The application and maps submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the following findings pursuant to Section 34.74.070 of the Encinitas Municipal Code: CO/05/CRO4-148WP 1(10-21-88\1) 1 of 5 SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that Minor Use Permit application 88-251 MIN is hereby approved subject to the following conditions: SEE ATTACHMENT "B" BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review, Section 15305 of CEQA; PASSED AND ADOPTED this 10th day of October, 1988, by the following vote, to wit: AYES: Barker, Orr, Shannon, Slater NAYS: None ABSENT: Crosthwaite ABSTAIN: None oann Shannon, Chairperson f the Cardiff-by-the-Sea ommunity Advisory Board ATTEST: ~ Q.. ~.; -- Craig R. Olson Assistant Planner CO/05/CRO4-148WP 2(10-21-88\1) 2 of 5 ATTACHMENT "A" CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD RESOLUTION NO. C-88-036 Findings for a Use Permit (Section 30.74.070, of Municipal Code) An application for Use Permit shall be approved unless findings of fact are made based upon the information presented in the application or during the hearings which support one or more of the following conclusions: 1. The location, size, design or operating characteristics of the proposed project incompatible with or adversely affect or be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: (a) The inadequacy of public facilities, services and utilities to serve the proposed project; (b) The unsuitability of the site for the type and intensity of use or development which is proposed; and (c) The harmful effect, if any, upon environmental quality and natural resources of the City; or Evidence to Consider: Subject to the attached conditions of approval relating to parking/traffic, noise attenuation, and limitation in number of students/children until a structural remodel can be accomplished to satisfy the requirements of the City Engineer, Public Works, and Fire Department (Attachment B). 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of this Code; and 3. The project fails to comply with any other regulations, conditions or policies imposed by this Code. Evidence to Consider: No policies of the present or future General Plans, or regulations of the Encinitas Municipal Code have been identified with which this proposal is inconsistent. CO/05/CRO4-148WP 3(10-21-88\1) 3 of 5 ATTACHMENT .. B" RESOLUTION C-88-036 CONDITIONS OF APPROVAL Subject: Minor Use Permit for Small School/Day Care Facility Applicant: Ewing Location: 1607 Crest Drive Case No.: 88-251 MIN CITY OF ENCINITAS 1. GENERAL CONDITIONS A. This approval will expire on October 10, 1990, two years after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agency within 10 days from the date of this approval. C. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized use; D. At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of this permit; E. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be sent before the authorized agency to determine why the City of Encinitas should not revoke this permit; F. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulation contained in this permit; G. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similarly in nature to the activity authorized by this permit; CO/05/CRO4-148WP 4(10-21-88\1) 4 of 5 H. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit; and I. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance. J. This permit is limited to a maximum of 16 students/children unless and until structural modifications are made to facilitate an "E-3" occupancy rating including, but not limited to: (1) Provisions for disabled access and restroom facilities; (2) 20 foot access to a public street; (3) Fire and Engineering requirements for structural and use modification. K. Permits from other agencies will be required as follows: The California Coastal Commission. The City Fire Department. L. Project is approved as submitted and shall not be altered without Cardiff Community Advisory Board review and approval. M. The driveway serving the family day care home shall be maintained free and clear of vehicles not belonging to parents delivering or picking up children or other obstructions. N. Prior to application for a building permit for structural remodel, revised site plans and building elevations shall be submitted to, and approved by, the Cardiff Community Advisory Board. o. General maintenance and repair of the existing property and perimeter fencing shall be made to keep the facility in a safe and healthy condition at all times. CO/05/CRO4-148WP 5(10-21-88\1) 5 of 5