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:
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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.
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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;
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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.
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