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1990-35 - 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; CO/jm/CRO9-658wp5 1(10-9-90/3) Page 1 of 6 -~ 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. CO/jm/CRO9-658wp5 2(10-9-90/3) Page 2 of 6 - -------- --- 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, CO/jm/CRO9-658wp53(10-9-90/3) Page 3 of 6 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 CO/jm/CRO9-658wp54(10-9-90/3) Page 4 of 6 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 cO/jm/CRO9-658wp5 5(10-9-90/3) Page 5 of 6 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. CO/jm/CRO9-658wp56(10-9-90/3) Page 6 of 6