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:
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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