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2016-64 (EG)A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION DENYING AN APPEAL OF THE PLANNING & BUILDING DIRECTOR'S DETERMINATION OF DEVELOPMENT COMPLIANCE FOR THE LEGAL NONCONFORMING STATUS OF AUTOMOTIVE REPAIR USED WITHIN THE CAMINO ENCINITAS PLAZA LOCATED AT 318 -330 EL CAMINO REAL (CASE NO. 16 -217 DC; APN: 257 - 030 -54) WHEREAS, Worden Williams LLP on behalf of Encinitas Center Partners, submitted a request for a determination that new automotive repair uses within Camino Encinitas Plaza are not subject to Encinitas Municipal Code (EMC) Chapter 30.76 (Nonconformities) and that the Planning Commission Interpretation Case No. 92 -106 dated June 25, 1992, is applicable to all suites within Camino Encinitas Plaza located at 318 -330 El Camino Real, legally described in Exhibit A; WHEREAS, the Planning & Building Director made a Determination of Development Compliance on August 23, 2016, that Camino Encinitas Plaza is subject to EMC Chapter 30.76 and that Planning Commission Interpretation Case No. 92 -106 dated June 25, 1992, is not applicable to all suites within Camino Encinitas Plaza ; WHEREAS, the applicant, Worden Williams LLP, filed a timely appeal received by the City on September 6, 2016; WHEREAS, the Planning Commission conducted a duly noticed public hearing on October 20, 2016, for the appeal pursuant to Chapter 1.12 (Appeals) of the Encinitas Municipal Code, and at which time all those desiring to be heard were heard; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby DENIES the appeal and UPHOLDS the decision of the Planning & Building Director to DENY Case No. 16 -217 DC for the following reasons: 1. The request is not consistent with the Municipal Code and General Plan; 2. The appeal lacked evidence to substantiate the claims. PASSED AND ADOPTED this 201h day of October, 2016, by the following vote, to wit: ichael`Glenn O'Grady, Chair ATTEST: oy apa u Sure pry EXHIBIT "N' Resolution No. 2016 -64 Case No. 16 -217 LEGAL DESCRIPTION Land situated in the State of California, County of San Diego, and described as follows: PARCEL 4 OF PARCEL MAP NO. 2917, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 5, 1974 AS FILE NO. 74- 211113 OF OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF PARCEL 3 OF SAID PARCEL MAP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID PARCEL 3; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 89 029'32" WEST, 24.12 FEET; THENCE LEAVING SAID SOUTHERLY LINE AT RIGHT ANGLES NORTH 0 030'28" EAST 282.52 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 5.00 FEET OF PARCEL 4 OF SAID PARCEL MAP; THENCE ALONG SAID PROLONGATION SOUTH 89 029'32" EAST 15.89 FEET TO THE WESTERLY LINE OF SAID PARCEL 4, THENCE ALONG SAID WESTERLY LINE SOUTH 1009'44" EAST 282.64 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 5.00 FEET OF SAID PARCEL 4