1991-14
RESOLUTION NO. C-91-l4
LARGE
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING
A MINOR USE PERMIT TO ALLOW A
FAMILY DAY CARE HOME (MAXIMUM OF 12 CHILDREN)
FOR PROPERTY LOCATED AT 1900 LAKE DRIVE
(CASE NO. 91-053 MIN)
WHEREAS, Judy Avila applied for a Minor Use permit to allow
a Large Family Day Care Home as required by Chapter 30.16, (Land
Use Matrix)
Use
111,
and Chapter 30. 74
(Use Permits)
of the
Municipal Code of the City of Encinitas, and section 1597.46 of the
California Health and Safety Code for property located at 1900 Lake
Drive and legally described as;
(see Exhibit "A")
WHEREAS,
a review was conducted by the Cardiff Community
Advisory Board on April 22, 1991; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
Application and supplemental information submitted by the
applicant with a site plan dated received by the City on
March 14, 1991 and three photo boards consisting of six
photographs;
Written information submitted with the application;
CAB staff report (91-053 MIN) dated April 17, 1991, which
is on file in the Department of Planning and Community
Development; and
CAB discussion of the Agenda Item since it was pulled
from the Consent Calendar by a member of the Public.
b.
c.
d.
CO/02/CRO9-780WP51
(4/24/91/4)
Page 1 of 6
NOW
THEREFORE,
BE
IT
RESOLVED
by
Cardiff
the
Community
Advisory Board of the City of Encinitas that the Minor Use Permit
is hereby approved subject to the following findings:
2.
3.
1.
The location, size design or operating characteristics of
the proposed project will not be incompatible 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:
a. The adequacy of public facilities, services and
utilities to serve the proposed project since all public
facilities are available;
b. The suitability of the site for the type and
intensity of use or development which is proposed since
Section 1597.46 of the California Health and Safety Code
allows Large Family Day Care facilities in single family
residential zones with the same limitations or
regulations applied to the facilities as for a single
family home; and
c. The harmful effect, if any, upon environmental
quality and natural resources of the City are not
apparent since the use is operated within a single family
home and is required to meet all standards setforth in
the Zoning Code for a standard single family home; and
The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of the Municipal Code since the project is
allowed in the single family zones with a Minor Use
Permit and it has been reviewed and conditioned to be in
conformance with the standards for a single family home,
as directed in Section 1597.46 of the California Health
and Safety Code; and
The project complies with all other regulations,
conditions or policies imposed by the Municipal Code.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following STANDARD conditions:
CO/02/CRO9-780WP51
(4/24/91/4)
Page 2 of 6
1. This approval will expire on April 22, 1993, two years
after the approval of this application unless the conditions
have been met or an extension has been approved by the
Authorized Agency. This Minor Use Permit shall be applicable
only to the Family Day Care activity conducted by the
applicant and is non-transferable to any other individual.
2. This approval may be appealed to the Planning Commission
within 15 days from the date of this approval.
3. 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
activity.
4. 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.
5. In the event that any of the conditions of this permit are
not satisfied, the Planning Department shall cause a noticed
hearing to be set before the Community Advisory Board to
determine why the City of Encinitas should not revoke this
permit.
6. Upon a showing of compelling public necessity demonstrated
at a noticed hearing, the City of Encinitas, acting through
the Community Advisory Board, may add, amend, or delete
conditions and regulations contained in this permit.
7. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon acti vi ties similar in nature to the acti vi ty
authorized by this permit.
8. Nothing in this permit shall authorize the applicant
intensify the authorized activity beyond that which
specifically described in this permit.
to
is
9. Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable City
Ordinances in effect at the time of permit approval unless
specifically waived herein.
10. The applicant shall comply with the
Uniform Building Code, Uniform Mechanical
Plumbing Code, National Electric Code, Uniform
all other applicable codes and ordinances in
time of permit approval.
latest adopted
Code, Uniform
Fire Code, and
effect at the
CO/02/CRO9-780WP51
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11. Noise readings shall be required to be taken at the time
the "outdoor activities" are scheduled. This is required to
ensure that the noise levels are in conformance with the noise
ordinance standards for the single family residential
neighborhood. within 45 days of the effective date of this
permit, applicant shall submit to the City's Code Enforcement
Officer a noise study demonstrating how this use complies with
the City's Residential Noise Standards.
12. Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off a
roadway on long driveways, a monument shall be placed at the
entrance where the driveway intersects the main roadway.
Permanent address numbers shall be displayed on this monument.
13. The applicant shall submit a letter from the Fire
District stated that all development impact, plan check and/or
cost recovery fees have been paid or secured to the
satisfaction of the District within 30 days of the effective
date of this permit.
14. The applicant shall contact the City Fire Marshall to
assure compliance with required Fire District clearances
within 30 days of the effective day of this permit.
15. CITY ENGINEER: Applicant shall contact the City
Engineering Department regarding compliance with the following
conditions within 30 days of the effective date of this
permit.
(A) 7.5 feet shall be dedicated by the property owner along
the property frontage based on a center line to right-of-way
width of 28 feet and in conformance with City of Encinitas
Public Road Standards should building permits be required.
(B) Property owner shall execute and record a covenant with
the County Recorder agreeing not to oppose the formation of an
assessment district to fund the installation of right-of-way
improvements should building permits be required.
16. Any outdoor lighting shall comply with performance
standards and any sound amplification devices shall comply
with the noise limits set forth in the City of Encinitas Noise
Ordinance for single family residential zones.
17. The Minor Use Permit approval setforth herein shall allow
a large family day care home to operate on the site, as
set forth in the application 91-053 MIN and on file in the
office of Planning and Community Development. This permit is
non-transferable to any other individual than the applicant.
CO/02/CRO9-780WP51
(4/24/91/4)
Page 4 of 6
18. The applicant shall erect fencing at the base of the
property's westerly slope to restrict access to the slope by
the children under the applicant's care.
PASSED AND ADOPTED this
22nd day of April,
1991,
by the
following vote, to wit:
Ayes:
Grossman, Anderson, Cruz, Hall, Tom
Nays:
None
Absent:
None
Abstain:
None
{
~--" "
+.:
, . - '.- -"--".
CALVIN F. TOM, Chairman of the
Cardiff-by-the-Sea
Community Advisory Board
ATTEST:
(~~ '... t C:: ~ . cJ...~ ./-~
_.-",-
Craig R. Olson
Assistant Planner
CO/02/CRO9-780WP51
(4/24/91/4)
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-1'78
Exhibit "A"
ORDER NO.
000ó74
The land r,~f~rred to in this Report is situated in the State of Ca1i::ol11ia, County of
and is described as follows;
SA¡-': DIEGO
PARC:::L 1:
LOT 179 OF POI~SETTIA HEIGHTS UNIT NO. 5, I~ THE COUNTY OF SAN
DIEGO, STATE O? CALI?ORNIAj .l\.CCORDING TO r.<,,'\p THEREOi:' :;0. ':Só4,
?ILE:) IN THE OF?ICE O? THE COUNTY RECORDER OF Si'\N DIEGù COuNTY,
JUNE 1ó, 1960.
EXCE?TDiG Ti-:ERE?RQ¡.¡ THAT PORTION LYING è-JORTHERLY OF A LINE DESCRI;::'Z;:;
AS FOLLOí>IS:
CG:-Jl-1E:::ING AT THE SOUTHEAST CORNER OF SAID LOT 179; THENCE ALONG 7HE
ZASTERLY LINE O? SAID LOT 179, NOF~TH 00030'lS" E.=\S'::' ';85.00 ?:::ZT TO
THE TRUE ?OINT OF BEGINNING; THENCE AT RIGHT ANGLZS NORTH 89°29'
4S" 1'lEST 161.00 ?EET TO THE ¡-¡ESTERLY LIXS: O? SAID LOT 179. l."'-
\,
ALSO :::XCEPTI~G THEREFROM THAT PORTION LYING SOUTHERLY OF A LIè-JE
DESCRIBED AS FOLLOWS:
CO;-',MENCING AT THE SOUTHEAST CORNER OF SAID LOT 179; THENCE ALONG TBE
EASTERLY LINE OF SP..ID LOT 179, NORTH 00°30'15" EAST 245.00 FEET TO
__THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLE NORTH 89°29.'45"
WEST 196.00 FEET TO THE WESTERLY LIè-JS OF SAID LOT 179.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD, PUBLIC
UTILITIES A~¡D SEWER PIPE LINE PURPOSES AND APPURTENANCES THERETO,
OVER, UNDER, ALONG AÑD ACROSS THE EASTERLY 41.00 ?~ET OF LOT 179, OF
POINSETTIA HEIGHTS UNIT NO.5, IN THE COUNTY OF SAN DIEGO, STATZ OF
CALIFORNIA ACCORDING TO MAP THEREOF NO. 4564, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 16, 1960.
EXCEPTING THEREFROM THAT PORTION LYING '{HTHIN PARCEL 1 ABOVE.
SAID EASEMENT IS FOR THE USE AND BENEFIT OF AND IS APPURTENANT TO
ALL OR ANY PORTION OF LOT 179 OF POINSETTIA HEIGHTS UNIT NO.5,
ACCORDING TO MAP THEREOF NO. 4564, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 16, 1960.
. ,
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