1989-17
RESOLUTION NO: OE89-17
A RESOLUTION
OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
A MINOR USE PERMIT TO ALLOW
A BED AND BREAKFAST FACILITY
LOCATED AT 121 N. VULCAN AVENUE
(CASE NUMBER 89-116 MIN)
WHEREAS, a request for consideration of a Minor Use Permit was
filed by Mr. and Mrs. Richard Cline to allow Bed and Breakfast
Facility
utilizing
four
existing bedrooms
within
an
existing
residence,
as
per
Chapter
30.74
of
the
City
of
Encinitas
Municipal/Zoning Codes, for the property located at 121 N. Vulcan
Avenue, legally described as;
Lot 3 of Austin Tract, in the City of Encinitas, County of San
Diego, State of California, according to map thereof No. 2174,
filed in the Office of the County Recorder,
November 7,
1929.
WHEREAS, public hearings were conducted on the application on
July 13, 1989 and August 17, 1989; and
WHEREAS,
the
Old
Encinitas
Community
Advisory
Board
considered:
1.
The staff reports dated June 28,1989 and August 3,1989;
2.
The application and maps submitted by the applicant;
3.
Oral evidence submitted at the hearing;
4.
Written evidence submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to the Municipal Code:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 89-116 MIN
is hereby approved subject to the following conditions:
MB/04/CRO4-324Wp5 (8-24-89-3)
10.
11.
12.
13.
1.
The rooms shall be rented not more than six continuous
days per occupant;
2.
Signage shall be limited to one on-premises sign (roof
signs not permitted) not to exceed two square feet;
3.
The parking spaces shall be restriped to reflect parking
spaces of a minimum 9' x 18';
4.
The owner or lessee of the property shall operate the
facility and reside in the residence;
5.
Service shall be limited to the rental of rooms and the
provision of breakfast for overnight guests. No food
preparation or cooking by guests shall be conducted
within any bedroom made available for rent;
6.
Prior to final approval of the Minor Use Permit, a letter
from the fire department shall be submitted stating that
all development impact, plan check and/or cost recovery
fees have been paid;
7.
The applicant shall execute and record a covenant with
the County Recorder agreeing not to opposed the formation
of an assessment district to fund the installation of
right-of-way improvements; and
8.
An Irrevocable Offer of Dedication shall be made for 10'
along Vulcan adjacent to the property for public right-
of-way purposes.
9.
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;
Project is approved as submitted/modified and shall not
be altered without Old Encinitas Community Advisory Board
review and approval.
Permits from other agencies will be required as follows:
California Coastal Commission
The applicant shall provide evidence of compliance with
the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric
Code, Uniform Fire Code, and all other applicable codes
and ordinances prior to commencing operation of the bed
and breakfast use.
This approval will expire on July 13, 1991, two years
after the approval of this project unless the conditions
have been met or an extension has been approved by the
Authorized Agency.
MB/04/CRO4-324wp5 (8-24-89-3)
18.
19.
20.
21.
22.
23.
14.
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 permit.
15.
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 regulations contained in this
permit.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit.
16.
17.
Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
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 unless specifically waived here.
This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
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;
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 authorized agency
to determine why the City of Encinitas should not revoke
this permit;
This approval shall become null and void if building
permits are not issued for this project within one year
from the date of project approval.
Plans be submitted to the satisfaction of the Planning
staff which incorporates an adequate turning radius for
the parking space located at the most westerly portion
of the driveway (outside of the front yard setback) so
that guests may exit the driveway in a forward position,
rather than backing out onto Vulcan.
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
(1)
Board of the City of Encinitas that:
This project was found to be exempt from environmental
review, Section 15305.
MB/04/CRO4-324wp5 (8-24-89-3)
PASSED AND ADOPTED this 17th day of August,
1989,
by the
following vote, to wit:
AYES:
Burnbaum, Kauflin, Rotsheck, Steyaert & Tobias
NAYS:
none
ABSENT:
none
ABSTAIN:
none
IJ~C;. ¡] ~~
Peter Tobias, Chairman
of the Old Encinitas Community
Advisory Board
ATTEST:
~~
Tom Curriden
Associate Planner
MBj04jCRO4-324wp5 (8-24-89-3)
ATTACHMENT "A"
OLD ENCINITAS
(COMMUNITY ADVISORY BOARD)
RESOLUTION NO. OE89-19
Findings for a Use Permit
(Section 30.74.070, of Municipal Code)
1.
The location, size, design or operating characteristics of the
proposed project will be incompatible with or will adversely
affect or will 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,
utilities to serve the proposed project;
services
and
(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:
The location, size and design is compatible with adjacent uses
as the structure is an existing residence in a residential
neighborhood. No outward modifications are proposed with the
exception of one on-premise sign not to exceed two square
feet. The required off-street parking will be provided and
views for the surrounding existing residences will not change.
Further, due to the relatively large lots in the area and
grade separation of the lots, the small amount of additional
activity generated by this use should not adversely impact
this area in terms of noise, traffic, air quality, glare, etc.
2.
The impacts of the proposed project will adversely affect the
policies of the Encinitas General Plan or the provisions of
this Code; and
Evidence to Consider:
The proposed project will not adversely affect the Encinitas
General Plan as the specific use is permitted in a residential
zone with a Minor Use Permit.
3.
The proj ect fails to comply with any other regulations,
conditions or policies imposed by this code.
Evidence to Consider:
The proposed project complies with and will adhere to all
other applicable City codes as represented by the plans and
photos submitted June 13, 1989.
MB/04/CRO4-324wp5 (8-24-89-3)