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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; BW/05/CR06-408wp5 (11-29-89-2) 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 BW/05/CR06-408wp5 (11-29-89-2) 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; BW/O5/CR06-408wp5 (11-29-89-2) 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. BW/O5/CR06-408wp5 (11-29-89-2) 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 BW/05/CR06-408wp5 (11-29-89-2)