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HomeMy WebLinkAboutMINUTES - 12071993 - H.8 A ��E------ s E,_- . Contra TO: BOARD OF SUPERVISORS Costa FROM: HARVEY E. BRAGDON d 44 11fl5M County DIRECTOR OF COMMUNITY DEVELOPMENT '•, n0 = vti4 DATE: December 7, 1993 srg-�------t cA SUBJECT: Continued public hearing on appeal by Virginia *Smith of the East County Regional Planning Commission's Decision to uphold the Zoning Administrator's approval of County File # 2026-93, Paula H. Bonesteel (Applicant) , Shawn & Anna Delaney (Owners) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Uphold the East County Regional Planning Commission's decision and deny the appeal of Virginia Smith. 2 . Accept the environmental review documentation as complete and adequate. 3 . Approve the conditions as recommended by the Commission at the October 4, 1993 meeting. 4 . Adopt the prepared findings for approval of a conditional use permit and the modifications to the Conditions of Approval as recommended by staff. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On November 9, 1993 the Board of Supervisors declared their intent to approve this application in concept, leaving the hearing open to consider modifying Conditions of Approval regarding* noise buffering and project expansion review, and to review findings for adoption of a land use permit. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI TEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON �am�,o ]� �ca c 2 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT I , II TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: iABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Delmar Tompkins 646-2031 ATTESTED December 7 , 1993 cc: Community Development Department PHIL BATCHELOR, CLERK OF Paula Bonesteel THE BOARD OF SUPERVISORS Mitch Avalon-Public WorksD 7Lc ADMINISTRATOR BY , DEPUTY DT:df Page Two Staff has prepared findings for Board of Supervisors' consideration and adoption of a land use permit and has prepared recommendations for modifications to the Conditions of Approval as follows: Findings The Board of Supervisors makes the following required findings for approval of a conditional use permit as provided by County Code Section 26-2 . 2008: 1. The proposed conditional land use permit will not be detrimental to the health, safety and general welfare of the county. 2 . The proposed conditional land use permit will not adversely affect the orderly development of property within the county. 3 . The proposed conditional land use permit will not adversely affect the preservation of property values and the protection of the tax base within the county. 4 . The proposed conditional land use permit will. not adversely affect the policy and goals as set by the general plan. 5. The proposed conditional land use permit will not create a nuisance and/or enforcement problem within the neighborhood. 6. The proposed conditional land use permit will not encourage marginal development within the neighborhood. 7. That due to the subject property's location on an arterial street, thus providing good access; the property's size, thus providing space for a day care center along with an area for expansion in a growing residential area where increased child care needs can be anticipated; and the site's location within a residentially designated area, a policy of the County General Plan, unique characteristics of the subject property and its location are established. Conditions of Approval The following modification is made to Condition .of Approval #7: 7 . Development Plans for a second structure and an expansion of the day care center shall be reviewed and approved by the Zoni Ad i istr t at ng at g least 39 days prier--fie s = Materials for review will include: A. Building plans and elevations. B. Revised site plan showing entire site. C. Landscape plan. D. Additional parking. The- following condition would be inserted as Condition #2 : 2 . The children at this facility shall not occupy the outside play area before 8: 00 a.m. The unexpanded day care center shall have an outdoor play area limit of 40 students, 30 pre-school/after-school children and 10 infants at any one time. Outdoor play area use limits for the expanded facility are subject to review and approval of the Zoning Administrator. .If Page Three The following statement will be added as Advisory Note G: G. Review of development plans for a second structure and an extension of the day care center by the Zoning Administrator in a noticed public hearing will be at the applicant's expense.