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1993-11I~ESOLUTION NO. PC 93-11 A RESOLUTION OF THE PL~/~NING COMMISSION &PPROVING & M~OR USE PERMIT FOR & 415 SQ FT &DDITION TO ~N EXISTING DOG AND CAT KENNEL AND MONUMENT SIGN FOR THE PROPERTY LOCATED AT 155 SAXONY ROAD (CASE NUMBER 93-041 MUP) WHEREAS, a request for consideration of a Major Use Permit was filed by Mr. Norman Costello for a 415 .sq ft addition to an existing dog and cat kennel along with a monument sign in accordance with Chapters 30.74 and 23.08 of the City of Encinitas Municipal Code, for the property located in the General Commercial zone at 155 Saxony Road, legally described as: Ail that portion of the west half of the north east quarter of the northwest quarter of Section 15, T13S, R4W, San Bernardino Meridian in the City of Encinitas, County of San Diego California, described in a deed to AK Properties I recorded April 14, 1987 as File # 201716 of official Records of the San Diego COunty Recorder. WHEREAS, a public hearing was conducted on the application on April 22, 1993, by the Old Encinitas Community Advisory Board, at which time the Community Advisory Board voted to recommend approval of the project; and WHEREAS, a public hearing was conducted on the application on May 13, 1993, by the Planning Commission; and WHEREAS, the Planning Commission considered: 1. The April 22, 1993 staff report t© the Community Advisory Board with attachments; 2. The May 13, 1993 staff report to the Planning Commission with attachments; 3. Application and project plans consisting of 3 pages (no page 4 of 4 has been submitted) dated received March 15, 1993; 4. Oral evidence submitted at the hearing; 5. Written evidence submitted at the hearing; and WHEREAS, the Planning Commission made the following findings pursuant to Chapters 30.74 and 23.08 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 93-041 MUP subject to the following conditions: C:~MATT~93041MUP.RES (SEE ATTACHMENT "B") (05-19-93) BE IT FURTHER RESOLVED that the Planning Commission, in their independent judgement, found the project exempt from environmental review pursuant to CEQA Section 15301 (e) since the project is an addition less than 10,000 sq ft in an area with facilities and not environmentally sensitive. PASSED AND ADOPTED this 13th day of May, 1993, by the following vote, to wit: AYES: Bagg, Jacobson, Lanham, Rotsheck, Schafer NAYS: None ABSENT: None ABSTAIN: None ATTEST: Patrick ~. Murphy Secretary Lester Bagg Chair of the Planning Commission C:~MATT~93041MUP.RES (05-19-93) /~TTACHMENT "/~" Resolution No. PC 93-11 Case No. 93-041 MUP FINDINGS The following findings must be made by the authorized agency to warrant approval of the Major Use Permit in accordance with Section 30.74.070 of the Municipal Code: The location, size, design and operating characteristics of the proposed project will be compatible 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: a. The adequacy of public facilities, services and utilities to serve the proposed project; b. The suitability 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; Facts: The proposed project is for a 415 sq ft addition to an existing dog and cat kennel facility and monument sign. The site lies within the General Commercial (GC) zone. Discussion: The Municipal Code specifies that kennel uses in the General Commercial zone require a Major Use Permit. A key element of this permit is to help insure compatibility with the site and surrounding land uses. The project is deemed to be compatible with the site because adequate parking is provided on site in accordance with Municipal Code standards and it is in compliance with all other development standards. The project will not constitute a significant increase in intensity of land use since it is a relatively small building addition on a large siteand the monument sign is well within code limitations. All utilities are in place serving the establishment and it has been found exempt from environmental review in accordance with the California Environmental Quality Act (CEQA). Conclusion: The project will continue to be served by existing facilities, will be compatible with adjacent uses and of appropriate intensity for the site, and is exempt from further environmental review in accordance with CEQA. C:~MATT~93041MUP.RES (05-19-93) The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and The project complies with all other regulations, conditions or policies imposed by the Municipal Code. F&cts: The project proposes an addition to an existing kennel facility in the General Commercial zone. The GC zone permits kennel facilities upon issuance of a Major Use Permit. There are no significant exterior design modifications since the design elements of the proposed addition will match the off- white concrete block, grey asphalt roofing materials used in the existing building, and the monument sign will be consistent in color and design. Discussion: The use permit process is intended as a means to insure compatibility with the site and surrounding uses, which the Planning Commission finds will be the case with this application subject to the conditions of approval because the use is relatively isolated from single family residential areas, as well as for the reasons cited under (1.) above. The applicable findings for Design Review, contained in Chapter 23.08 of the Municipal Code, are applicable as part of the use permit process in this instance and are as follows: ao The project design is not inconsistent with the General Plan, a Specific Plan or the provisions of this Code. Be The project inconsistent Guidelines. design is not with the City's substantially Design Review Co The project would not adversely effect the health, safety, or general welfare of the community. De The project would not cause the surrounding neighborhood to depreciate materially in appearance or value. With regard to finding (A.), the project will be fully consistent with the General Plan and Municipal Code, which allow for such a use upon issuance of a use permit. With regard to finding (B.), the Commission finds that the project is substantially consistent with the City's adopted design criteria for reasons including the design and color changes to the building are appropriate for the site and neighborhood and and will match the existing building, as will the monument sign. With regard to finding (C.), no aspect of the proposed project has been identified which would adversely effect the C:~MATT~93041MUP.RES (05-19-93) health, safety, or general welfare of the community. Lastly, with respect to finding (D.), the Commission finds that the proposed addition and monument sign will not cause any material depreciation to the appearance or values in the area. Conclusion: The Commission determines that the proposed project will not conflict with the Encinitas Municipal Code since the Commission finds that the findings can be made for the use permit and that the project is in conformance with the City's adopted design criteria, and is consistent with the General Plan which allows for such a use with issuance of the use permit. C:~MATT~93041MUP.RES (05-19-93) ATTACHMENT "B" - CONDITIONS OF APPROVAL Project description : THE ANIMAL KEEPER, INC Project number . . . : 93-41 MUP Project type .... : MAJOR USE PERMIT Location ....... : 155 SAXONY ROAD Application date . . : 03/16/93 APPLICANT SHALL CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SPECIFIC CONDITIONS: The proposed interior-lit monument sign in the west planting area fronting on Saxony Road shall be consistent in design and color with the sign pictured at another "Animal Keeper" as evidenced by the photo reviewed by the CAB and Planning Commission and on file in the Community Development Department. The sign base shall be constructed of masonry to match the slump block of the existing building. The sign shall not exceed a height of 6 ft above grade nor the face of the sign exceed 32 sq ft in area, and shall be located in the north planter area adjacent to the driveway and outside of the public right-of-way. Plans for the monument sign shall be reviewed by staff for compliance with the above criteria prior to building permit issuance. STANDARD CONDITIONS: 1.This approval will expire in two years on May 13, 1995 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 Agency within 15 calendar days from the date of this approval. 3.The applicant shall obtain permits from the California Coastal Commission and all other applicable regulatory agencies. 4.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. 5.In the event any of the conditions of this permit are not satisfied, the Community Development 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. 6.Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. 7.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 under this permit. 8.Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 9.Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. 10.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. ll.The project is approved in accordance with the plans consisting of 3 pages (no page 4 of 4 was submitted) dated received March 15, 1993, and signed by the Community Development Department on May 13, 1993, and shall not be altered without Community Development Department review and approval. 12.Prior to any use of the improvements as granted by this permit, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Community Development. 13.The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking fees, Water and Sewer Service Fees, School Fees, Traffic Fees, and Drainage Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the respective agencies. 14.Prior to permit issuance, the applicant shall execute and record a covenant setting forth the terms and conditions of this approval to the satisfaction of the Community Development Department. THE APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 15.ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the numbers shall conform to Fire District Standards. NOTE: Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent numbers shall be affixed to this marker. 16.AUTOMATIC FIRE SPRINKER SYSTEM: Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction of the Fire District and in conformance with the Municipal Code. 17.RECORDATION: Prior to granting final approval, the applicant shall submit to the Community Development Department a letter from the Fire District stating that all fees including plan check reviews and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District.