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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)