1990-06
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RESOLUTION NO: OE90- 06
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY
A MINOR USE PERMIT TO ALLOW ADDITIONAL
SIGNING FOR AN ADDITION TO
A BED AND BREAKFAST FACILITY
LOCATED AT 121 N. VULCAN AVENUE
(CASE NUMBER 90-055 MIN MOD)
BOARD
WHEREAS, a request for consideration of a Minor Use Permit
modification was filed by Mr.
and Mrs.
Richard Cline to allow
additional signing for and an addition to a Bed and Breakfast
Facility utilizing three existing bedrooms within an existing
single family 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 Off ice of the County Recorder,
November 7,
1929.
WHEREAS, public hearings were conducted on the application on
April 12, 1990 and August 17, 1989; and
WHEREAS,
the
Encinitas
Old
Community
Advisory
Board
considered:
1.
The staff report dated April 3, 1990;
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"
MBj03jCRO6-508wp5 (4-3-90-1)
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NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 90-055 MIN
MOD is hereby approved subject to the following conditions:
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7.
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10.
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1.
Signage is approved as set forth on the approved plans
dated received March 14, 1990, provided however that at
no time may the area of any sign or combination of signs
exceed 5 sq. ft. in accordance with Chapter 30.60 of the
Encinitas Municipal Code.
2.
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/~r cost recovery
fees have been paid;
3.
The applicant shall execute and record a covenant with
setting forth this approval and the conditions thereof
prior to final approval.
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.
Project is approved as submitted/modified and shall not
be altered without Old Encini tas Community Advisory Board
review and approval.
6.
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 final approval.
This approval may be appealed to the authorized agency
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 sent before the authorized agency
MB/03/CRO6-508wp5 (4-3-90-1)
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to determine why the City of Encinitas should not revoke
this permit;
11.
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.
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
(1)
This project was found to be exempt from environmental
review, Section 15301.
PASSED AND ADOPTED this
12th day of April,
1990,
by the
following vote, to wit:
AYES: Birnbaum, Rotsheck, Steyaert, Tobias, Townsend
NAYS: None
ABSENT: None
ABSTAIN: None
¡J~~ ç, n~ ~
Peter Tobias, Chairman
of the Old Encinitas Community
Advisory Board
ATTEST:
~ //~ ,~-~
----~ ~ ~~
Tom Curriden
Associate Planner
MB/03/CRO6-508wp5 (4-3-90-1)
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ATTACHMENT "A"
OLD ENCINITAS
(COMMUNITY ADVISORY BOARD)
RESOLUTION NO. OE90-
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
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Evidence to Consider: The proposed additions to the rooms
will not intensify the use in any way making the project
inconsistent with the bed and breakfast regulations of the
Municipal Code or requiring more parking. Subj ect to the
limitation of signing to the 5 sq. ft. maximum area allowed
in all residential zones, the project will remain compatible
in character with surrounding single family development. All
public services and utilities are in place serving the project
and no adverse environmental impacts could result from the
project.
( 2 )
The impacts of the proposed project will adversely affect
the policies of the Encinitas General Plan or the
provisions of this Code; and
( 3 )
The project fails to comply with any other regulations,
conditions or policies imposed by this Code.
Evidence to Consider: The bed and breakfast accessory use was
approved previously by the Board with a Minor Use Permit, thus
satisfying Municipal Code requirements. No aspect of this
proposal will change the project in any way making it
inconsistent with the Municipal Code or adversely affecting
the policies of the General Plan.
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MB/03/CRO6-508wp5 (4-3-90-1)