1990-35
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RESOLUTION NO. C-90-35
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COHMUNITY ADVISORY BOARD APPROVING A KINOR USE PERMIT
FOR A HOKE OCCUPATION (ART STUDIO) CONDUCTED BY AN
INDIVIDUAL OTHER THAN THE PROPERTY OWNER FOR PROPERTY
LOCATED AT 1425 RUBENSTEIN AVENUE
(CASE NO. 90-191 KIN)
WHEREAS, Lou Rankin and cynthia Bronte applied for Minor Use
Permit approval in accordance with Chapter 30.74 (Use Permits) and
section 30.48.040M (Home Occupations) of the Municipal Code of the
City of Encinitas; and
WHEREAS, the property is located at 1425 Rubenstein Avenue and
is legally described as:
The North 100 feet of Lot 8 Ridgeway Heights, according to Map
thereof No. 2163, filed in the Office of the County Recorder
of San Diego County, July 3, 1929 and as shown on Record of
Survey Map of Ridgeway Heights, filed for the purpose of
correcting errors in original map being record of survey 1193,
filed in the recorders office of said County, September 2 0 ,
1945.
WHEREAS, a public hearing was conducted on the application on
September 24, 1990; and,
WHEREAS, the Cardiff Board directed Planning staff to prepare
a resolution of approval to be reviewed at the Board's meeting of
October 9, 1990; and,
WHEREAS, the Cardiff Community Advisory Board considered
without limitation;
1. The staff reports dated September 19, 1990 and October 3,
1990;
2. The adopted General Plan, zoning Code and associated Land Use
Maps;
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3. Oral evidence submitted at the hearing of September 24;
4. written evidence submitted at the hearing of September 24;
5. Documentation and site plans submitted by the applicant and
dated received by the City on July 30,1990; and
WHEREAS, the cardiff-by-the-Sea Community Advisory Board made
the required findings pursuant to Chapters 30.74 (Use Permits):
(See Attachment "A")
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
90-191 MIN is hereby approved subject to the following conditions:
I. SPECIFIC CONDITIONS:
1. This Use Permit is non-transferable and only is
applicable to an art studio operation conducted by Mr.
Lou Rankin. No expansion of the current activity is
permitted and this permit shall become null and void
should the art studio operation be discontinued for a
period of six (6) months or longer.
2. There shall be no exterior evidence of the conduct of a
home occupation out of character with the normally
appropriate appearance of the single family residential
dwelling.
3. The home occupation shall be conducted entirely within
the attached greenhouse which is found to be similar to
a garage for the purpose of this permit. outside storage
of any material is prohibited. The art studio is not
considered a "manufacturing" use and, therefore, the
greenhouse may remain as is for the art studio use. The
Fire Prevention District shall inspect the greenhouse and
may require improvements to be made for fire prevention
purposes.
4. Electrical or mechanical equipment which creates visible
or audible interference in radio or television receivers
or causes fluctuations in line voltage outside the
dwelling unit shall be prohibited.
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5. No more than six employees are permitted on the premises
at anyone time. Hours of operation shall be limited to
9:00 a.m. to 6:00 p.m. weekdays and 10:00 a.m. to 2:00
p.m. on Saturdays.
6. There shall be no on-premise sale of goods not produced
on the premises.
7. The establishment and conduct of a home occupation shall
not change the principal character or use of the dwelling
unit involved.
8. There shall be no signs other than those permitted by
the sign ordinance.
9. The required residential off-street parking shall be
maintained.
10. The home occupation shall not create vehicular or
pedestrian traffic in excess of that which is normal for
the zone in which it is located to the satisfaction of
the Director of Planning and Community Development.
11. No loudspeaker or sound amplification system shall be
used to produce sounds in violation of City Noise
Ordinance.
12. The parking -areas and driveways shall be well maintained.
All trash containers shall be placed within enclosures
to screen them from view to the satisfaction of the
Director of Planning and Community Development.
13. Property owner shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval as conditioned. The covenant shall be in form
and content satisfactory to the Director of Planning and
Community Development.
II. GENERAL CONDITIONS:
14. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
15. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be set before
the authorized agency to determine why the City of
Encinitas should not revoke this approval.
16. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
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acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit.
17. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
18. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances.
III. APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING
COKPLIANCE WITH THE FOLLOWING CONDITIONS (19 and 20):
FIRE PREVENTION:
19. The Owner shall submit a letter from the Fire District
stating that all development impact, cost recovery and/or
plan check fees have been paid and that condition number
3 of this permit is satisfied.
20. Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off
a roadway on long driveways, a monument with permanent
address numbers shall be placed at the entrance where the
driveway intersects the main roadway.
IV. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTKENT REGARDING
COKPLIANCE WITH THE FOLLOWING CONDITION (21):
21. Public Works: The property owner shall submit, if
required by the City Engineer, any soil studies required
to determine the extent of any soil contamination which
the City Engineer may determine to be caused by the art
studio use. Should the City Engineer conclude (based on
submitted soils studies) that the art studio activity is
adversely impacting the agricultural supporting quality
of soil within and adjacent to the art studio activity,
a noticed public hearing shall be set before the
Communi ty Advisory Board to determine why this permi t
should not be revoked.
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
per section 15301 of CEQA;
PASSED AND ADOPTED this 24th day of September, 1990, by the
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following vote, to wit:
AYES: McCabe, MacManus
NAYS: Cruz
ABSENT: Grossman, Tom
ABSTAIN: None
///>-
~~o h~=s Chairp=son
the Cardiff by-the-Sea
Community Advisory Board
ATTEST: R. ~
~{(c r ~
craig Olson, Assistant Planner
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ATTACBKENT nAn
RESOLUTION NO. C-90-35
I. MINOR USE PERMIT (30.74.070) FINDINGS:
1. The location, size, design or operating characteristics
of the proposed project will be compatible with or will
not adversely affect or will not be materially
detrimental to adjacent uses, residences, buildings,
structures or natural resources, with consideration given
to, but not limited to:
a. The adequacy of public facilities, services and
utilities to serve the proposed project;
b. The suitability of public facilities, services and
utilities to serve the proposed project;
c. The effect, if any, upon environmental quality and
natural resources or the city.
Evidence: The Cardiff-by-the-Sea Community Advisory
Board finds that all public facilities are currently
available to the site. The location is suitable to the
art studio activity since no toxic materials, loud
machinery or other adverse procedures are required to
conduct the activity. No evidence has been presented to
indicate that the art studio activity has a harmful
effect upon environmental quality or natural resources
of the city. The permit is conditioned to require soils
studies to be prepare should the City Engineer determine
them appropriate to verify the impact water runoff from
the use may have upon soil quality.
2. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of this Code;
Evidence: The Board finds that the art studio activity
complies with all conditions imposed upon home
occupations by section 30.48.040M of the Municipal
(Zoning) Code except Item 2 which requires the home
occupation to be conducted entirely within a dwelling or
a garage. Since the acti vi ty is less intensi ve that
horticultural production (i.e.: less truck and delivery
vehicle traffic, no use of insecticides, less water
intensive, etc.), and the greenhouse area exists, the
Board finds the greenhouse to be similar to a garage in
this specific instance and appropriate for the non-
manufacturing art studio use.
3. The project complies with any other regulations,
conditions or policies imposed by this Code.
Evidence: When operating within the limitations of the
conditions of approval, the Board can identify no reason
why the use does not comply with all other regulations,
conditions or policies imposed by the Municipal Code.
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