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1990-06 8 8 8 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) 8 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: 8 7. 8. 9. 10. 8 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) 8 8 8 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) 8 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 8 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. 8 MB/03/CRO6-508wp5 (4-3-90-1)