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1989-12 - . RESOLUTION NO. NE89 - 12 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A DESIGN REVIEW PERMIT TO ALLOW A BIRD ENCLOSURE LOCATED AT 195 N. EL CAMINO REAL (CASE NUMBER 89-044 DR) WHEREAS, a request for consideration of a Design Review Permit was filed by Dr. Warren Shetrone to allow a bird enclosure as per Chapter 23.08 of the City of Encinitas Municipal/Zoning Codes, for the property located at 195 N. El Camino Real, legally described as; Parcel in the County of San Diego, State of California, as shown at page 1467 of Parcel Maps filed in the Office of the County Recorder of San Diego County, April 19, 1973. . WHEREAS, public hearings were conducted on the application on April 3, 1989, June 5, 1989, July 17, 1989 and October 2, 1989; and WHEREAS, the Community Advisory Board considered: 1. The staff reports dated March 29, 1989, May 25, 1989, July 10, 1989 and September 22, 1989; 2. The application and maps submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; WHEREAS, the New Encinitas Community Advisory Board made the following findings pursuant to the Municipal Code: SEE ATTACHMENT "A" . BW/03/CAB18-1380/3(1-29-90-4) . - . NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that this project is hereby approved subject to the following conditions: 1. That this approval will expire on October 2, 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 (agent); 2. That the bird enclosure be modified per the plan dated May 17,1989 and site plan/landscape plan dated September 18, 1989; 3. That the two existing coops in the back of the office be removed by June 30, 1990; 4. That the trash enclosure be repaired and repainted and redwood slats be replaced. 5. That additional trees be planted by the trash enclosure to include 2 Eucalyptus along with the Carrotwood trees; . 6 That the applicant submit the necessary plans to obtain a building permit, including the structural plans; 7. That the proposed tree located in the northwest corner of the property shown on the plans submitted September 18, 1989 be per the City standards for street trees. Suggested tree: Sycamore or Eucalyptus; 8. That the trash enclosure be redone and reduced to one dumpster when the old coop is removed prior to or by June 30,1990, and constructed in conformance with zoning code standards; 9. That the mesh on the enclosure be painted green and kept in good repair, and 10. That the enclosure be constructed in conformance with the zoning and design review guidelines. . BW/03/CAB18-1380/4(1-29-90-4) - - - , I . . BE IT FURTHER RESOLVED by the New Encinitas Community Advisory Board of the city of Encinitas that: This project was found to be exempt from environmental review, Section 15303(e). PASSED AND ADOPTED this 2nd day of October, 1989, by the following vote, to wit: AYES: Board Members Beck, Patton, Quinn and White NAYS: Boardmember Colgan ABSENT: None ABSTAIN: None Charles Colgan, Chai of the New Encinitas Community Advisory Board . . BWj03jCAB18-1380j 5(1-29-90-4) . . ~ . ATTACHMENT nAn NEW ENCINITAS COMMUNITY ADVISORY BOARD RESOLUTION NO. NE 89 - CASE NO. 89-044 DR Findings For Design Review (Section 23.08.076 Municipal Code) 23.08.072 Requlatorv Conclusions - Generallv. A. The project design is inconsistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence to Consider: The proposal is consistent with the General Plan, and the General Commercial Zoning as this use is a part of the veterinary hospital, which is permitted by right. B. The project design is substantially inconsistent with the Design Review Guidelines. Evidence to Consider: . The proposal is substantially consistent with the Design Review Guidelines as it reflects an acceptable level of design appearance and substantially conforms to the City's adopted design criteria. C. The project would adversely affect the health, safety or general welfare of the community. Evidence to Consider: Having identified no' aspects in which this proposal could have any significant adverse impacts on the environment, a determination that this project is exempt from CEQA per Section 15303(e) has been made. D. The project would tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence to Consider: The project will not tend to cause the surrounding neighborhood to depreciate materially in appearance or value since an effort has been made to screen the structure by landscaping and with various design treatment to reduce the visual impact from EI Camino Real. . BWj03jCAB18-1380j6(1-29-90-4)