1989-36 4350 Manchester Ave
RESOLUTION NO. PC-89-36
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING A MINOR USE PERMIT FOR
A DETACHED ACCESSORY STRUCTURE
OF ONE STORY AND APPROXIMATELY 1500 SQUARE FEET
EXTERIOR DIMENSION FOR THE PURPOSES OF A GARAGE,
WORK SHOP AND STORAGE AREA
FOR PROPERTY BEING PARCEL 4 OF PARCEL MAP 1624,
BEING A PORTION OF BLOCK 7, COLONY OLIVENHAIN, MAP 326
FOR APPLICATION 89-046-MINOR USE PERMIT
(COMMONLY KNOWN AS 4350 MANCHESTER AVENUE, ENCINITAS, CA)
WHEREAS, Richard E. Perry applied for a Minor Use Permit to
allow a detached accessory structure to be used for the purpose of
a garage, work shop and storage area at 4350 Manchester Avenue as
required by sections 30.16.010, A & F, 30.48.040, B, and section
30.74.070 Minor Use Permits, of the Municipal Code of the City of
Encinitas;
WHEREAS, public hearings were conducted on the application by
the Olivenhain Community Advisory Board on June 20, August 22, and
September 19, 1989, and the Board denied the application with a 2
to 2 vote, and all persons desiring to be heard were heard;
WHEREAS, an Administrative Hearing was conducted on the
application by the Planning Commission on November 16, 1989, and
those persons submitting a request to speak as required by Chapter
1. 12 Appeals, of the Municipal Code were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a. site plan submitted by the applicant and dated August 9,
1989;
b. written information submitted with the application;
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c. Oral testimony from staff, applicant, and public made a
part of the record at said Administrative hearing;
d. Planning Commission and CAB staff reports (89-046-MIN)
dated October 18, November 6,1989 and June 7, and August
14,1989, which are on file in the Department of Planning
and Community Development; and
e. Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the Planning commission of
the City of Encinitas that the Minor Use Permit is hereby approved
subject to the following findings:
A. The land use and design proposed are consistent with the
general plan since a detached accessory structure of this
nature is allowed in this rural zone and is consistent with
similar uses in the same zone and area.
B. The location, size, design or operating characteristics
of the proposed project will not be incompatible with and will
not adversely affect and will not be materially detrimental
to adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
(1) The adequacy of public facilities, services and utilities
to serve the proposed project since they are available
and are presently serving the existing single family
residence on the site;
(2) The suitability of the site for the type and intensity
of use or development which is proposed, since it is
presently a rural residential zone and no evidence has
been submitted to substantiate that it is uncommon for
detached accessory structures of this bulk and mass to
be used in the rural residential zones for such uses as
garages, workshops and storage areas; and
(3) The harmful effect, if any, upon environmental quality
and natural resources of the City, since the use is
conditioned herein to mitigate any negative effects of
the proposed garage, workshop and storage use; or
C. The impacts of the proposed project will not adversely
affect the policies of the existing Encinitas General Plan or
the provisions of this Code, since it is proposed to be
constructed to match the existing dwelling; it will be one
story and located at a greater sideyard setback than required
in the Zoning Code; it retains some of the existing views in
the neighborhood from the adjacent one story homes, and will
not block the second story view of adjacent properties if and
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when second stories are constructed; it will be adequately
landscaped since additional trees are being added to the north
property line to screen the view of the structure from the
adjacent northerly property and planting presently exists on
the north and east property lines of the site; and it will be
solely for the use of the occupants of the single family
dwelling on the site and will not be used for rental or other
business purposes as conditioned herein and otherwise
restricted in the Zoning Code; and
D. The project will comply with all other regulations,
conditions or policies imposed by this Code upon completion.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following STANDARD conditions:
1. This approval will expire on November 16, 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;
2. This approval may be appealed to the authorized agent within
15 days from the date of this approval;
3. 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;
4. 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;
5. Upon a showing of compelling public necessity demonstrated at
a noticed hearing, the City of Encini tas, acting through the
authorized agency, may add, amend, or delete conditions and
regulations contained in this permit;
6. 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;
7. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is specifically
described in this permit;
8. 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;
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9. The applicant shall comply 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 in effect at the time of building permit
issuance if applicable;
10. This approval shall become null and void if building permits
are not issued for this project within two years from the date of
project approval, if applicable;
11. All Permits from other agencies will be required when
applicable; and
12. Project is approved as modified and shall not be altered
without Community Advisory Board review and approval. A revised
plan reflecting the approval of 1500 square feet must be approved
by the Director prior to issuance of a building permit.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following ADDITIONAL conditions:
1. A covenant shall be recorded to require that the
landscape plan submitted and approved is planted and
maintained and that rental of any portion of the
structure which would be separate from the remainder of
the property for any use be prohibited. The covenant
shall also restrict the detached accessory structure to
one story and approximately 1500 square feet exterior
dimension for the purpose of an accessory building as
def ined in Chapter 30. 04 of the municipal code to include
garages, work shop and storage area for the private
accessory use of the occupants of the single family
dwelling on the site.
2. The proposed structure will be constructed and painted
to match the existing single family residence on the site
and will be landscaped as shown on the plans dated August
1, 1989 and on file in the Department of Planning and
Community Development.
3. The structure may not be rented separately from the
remainder of the property and may not be used for the
operation of any business unless authorized by a Home
Occupation Permit issued pursuant to the municipal code.
4. All activities related to automobile work or other work
involving tools shall be conducted inside the structure.
outside activities are permitted if no noticeable impacts
to adjacent residents are created.
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5. The activities on the premises shall be regulated
pursuant to noise control standards contained within the
municipal code.
PASSED AND ADOPTED this 16th day of November, 1989, by the
following vote, to wit:
AYES: Bagg, Couglar, Dean, Fernald
NAYS: None
ABSENT: Shannon -l
ABSTAIN: None
Lester Bagg, of the city
of Encinitas Commission
ATTEST:
~ llJ~¡.",~ ~
Patrick S. Murphy, Secretary
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