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1992-24 . . . RESOLUTION NO. OL-92-24 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A MINOR USE PERMIT REQUEST FOR NON-RESIDENT EMPLOYEES TO BE ENGAGED IN A HOME OCCUPATION TO CONDUCT A DOG OBEDIENCE ACADEMY FOR PROPERTY LOCATED AT 464 COLE RANCH ROAD. SAID APPROVAL UPHELD BY THE PLANNING COMMISSION (ON APPEAL) WITH AN AMENDMENT TO CONDITION 3(A) (CASE NO. 92-089 MIN) WHEREAS, Linda Lu Meyer applied for a. Minor Use Permit pursuant to Section 30.74 (Use Permits) and Section 30.48.040M (Home Occupations) of the Municipal Code of the City of Encinitas; and, WHEREAS, the property is located at 464 Cole Ranch Road and legally described as: Lots 139, 140, 141 and l42 in Block 36, in the town of Olivenhain, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 287, filed in the Office of the County Recorder of San Diego County, August 21, 1885; said Lots being a subdivision of Lots 31,36 and 42 of OLIVENHAIN. . WHEREAS, a Public Hearing was conducted on the application request by the Olivenhain Community Advisory Board on July 7,1992; and, WHEREAS, the Olivenhain Community Advisory Board considered without limitation: 1. The staff report dated July 1, 1992; 2. The adopted General Plan, Zoning Code, and associated Land Use Maps; Oral evidence submitted at the hearing; 3. 4. Written evidence submitted at the hearing; 5. Documentation included in the application for the Minor Use Permit, a Statement of Justification and photographs of the site. In addition, the application includes a site plan of the property dated received by the City on May 19, 1992; and, . . . WHEREAS, the Olivenhain Community Advisory Board made the required findings pursuant to Chapter 30.74 (Use Permits). (SEE ATTACHMENT "A") WHEREAS, a noticed Administrative Hearing was conducted by the, Planning Commission on August 27, 1992 to consider an Appeal filed related to the Board's approval; and WHEREAS, Planning the Olivenhain the commission upheld Community Advisory Board's decision and amended Condition 3 (a) limiting the number of Dog Obedience Training classes to a maximum of 12 classes per week. NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that application 92-089 MIN to allow for non-resident employees to engage in a Home Occupation Permit to conduct Dog Obedience Training is hereby approved subject to the following conditions: l. This approval may be appealed to the City Council within l5 calendar days from the date of the Planning Commission 's action to uphold the Board's decision at their Administrative Hearing held on August 27, 1992; pursuant to Chapter 1.12 of the Municipal Code. ' The approved Home Occupation Permit and associated Dog Obedience Training shall conform to the limitations of the site plan submitted to the City and dated received on May 19, 1992; and shall not be modified without prior City approval. Intensification of the use beyond that approved herein is prohibited unless prior ,approval is granted by the City in accordance with Municipal Code standards. 2. 3. within 30 days of the effective date of this permit (including any Appeal periods), the property owner shall cause to be recorded a Covenant regarding real property which sets forth this grant of approval. The Covenant shall be in form and content satisfactory to the Director of Community Development. The Covenant shall require the following provisions be adhered to by the Permit Holder for this approved use: (a) The Dog Obedience Training shall only be conducted within the fenced area of the property as identified on the site plan dated received by the City on May 19, 1992. Dog Obedience Training may only be conducted between the hours of 8:30 am to 8:00 pm on Mondays through Saturdays and to 9: 30 pm no more than 4 days per week (Sunday training classes are prohibited). The maximum number of dogs per training session shall not exceed fourteen (l4). . . . The maximum number of Obedience Trainning classes shall not exceed 12 per week. (b) The overnight keeping of more than 5 dogs for commercial purposes constitutes a "kennel" use and is strictly prohibited. The five or fewer dogs kept overnight shall be housed within an enclosed structure between the hours of 10 pm to 7 am. Any dog, or dogs, kept overnight and during the daylight hours for commercial purposes shall not be left unattended for more than eight hours. The use shall, at all times, comply with the requirements of Section 30.55.030 (Animal Regulations) and 9.32. 4l4 (B) (7) (Noise Ordinance) of the Municipal Code. (c) This Minor Use Permit may be transferred to another individual only with prior approval of the Olivenhain Community Advisory Board as a Consent Calendar item, or as may be permitted by Municipal Code. The approved Home Occupation use may not be sub-leased to any other individual. The Home Occupation Permit to allow non- resident employees for the Dog Obedience Training shall become null and void if the use is discontinued for more than 180 days (pursuant to Section 30.76.090 of the Municipal Code). In addition to the Permit Holder, only four (4) other individuals may be employed by this use at any time. ' 4. At all times, this use shall conform to the requirements of Section 30.48.040M (Home Occupations) of the Municipal (Zoning) Code; accept as otherwise conditioned by this permit. Said requirements shall include the .following: (a) There shall be no exterior evidence of the conduct of the Home Occupation out of character with the normally appropriate appearance of the dwelling. Any signage for the use shall conform to the regulations for residential signage of Section 30.60.070. One sign, not to exceed 5 square feet and no more than 4 feet in height, may be placed no closer than 2 feet to any property line to advertise the approved use. (b) Any overnight keeping of dogs shall be entirely within the dwelling or garage as regulated by this permi t. Outdoor training of dogs shall only be conducted within the fenced area of the property. (c) Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. Lighting shall be shielded so as to be directed away from adjacent residences. (d) There shall be no on-premise sale of goods not produced on the premises. The conduct of the Home Occupation shall not change the principal character or use of the subject dwelling unit. . . . 7. 5. (e) The required residential off-street parking shall be maintained. The Home Occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the RR-2 Zoning District. Vehicles shall be parked on the circular driveway on the property or on the street directly in front of the residence so as not to impact traffic on Cole Ranch Road. The Permit Holder shall provide, within 45 days of this approval (including any Appeal periods), evidence from the County Animal Control Department indicating that a County Kennel License has been obtained, or is being pursued by the Permit Holder, or is considered unnecessary by the Department given the limitations of the keeping of dogs specified in this Use Permit. Thereafter, this Permit becomes vested subj ect to the limitations of this Permit. The property owner agrees to inspection by the City's Code Enforcement Officer to determine that the Home Occupation use conforms to the conditions of this Permit. 6. FIRE PREVENTION DISTRICT: A. Address Numbers: Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire Prevention District standards. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers shall be displayed on this monument. B. Within 30 days of the effective date of this Permit (including any Appeal periods), the applicant shall submit to the Community Development Department a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire Prevention District. 6. PUBLIC WORKS' CITY ENGINEER The applicant shall contact the City Engineering Department regarding compliance with the following conditions: STREET CONDITIONS: A. All City Codes, regulations, and policies in effect at the time of establishing this approved use shall apply. B. The property owner shall execute and record a Covenant wi th the County Recorder agreeing not to oppose the formation of an Assessment District to fund the installation of right-of-way improvements. Improvements constructed wi thin the present or future public right-of-way shall be considered temporary. The property owner shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the city. C. Should the approved use be found to not comply with the conditions of this approval, the Community Development . . . Department shall cause a noticed hearing to be conducted before the Authorized Agency to consider why this permit should not be revoked. Modifications to this Permit may be requested pursuant to Section 30.74 .ll0 of the Municipal (Zoning) Code. BE IT FURTHER RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review per Section 1530l (e) of CEQA; PASSED AND ADOPTED this 7th day of July, 1992, by the following vote, to wit: AYES: Dean, Bode, Schafer, Van Slyke NAYS: None ABSENT: None ABSTAIN: None ryan R. Schafer, Chairman of the Olivenhain Community Advisory Board City of Encinitas ATTEST: /Ì /~! ( 1¡J.Jh\ U ~ q ú-v~.-<: ..~- "'-'- '" /, Þ ',-~ X . Craig R. Olson, Assistant Planner THE ABOVE DETERMINATION WAS UPHELD BY THE PLANNING COKKISSION ON APPEAL AT A NOTICED ADMINISTRATIVE HEARING CONDUCTED ON AUGUST 27, 1992 BY A 3-1-1 VOTE (JACOBSON VOTING NO AND ROTSHECK ABSENT). . . . ATTACHMENT "A" RESOLUTION tOL-92-24 CASE NO.: 92-089 MIN Minor Use Permit (30.74.070) Findings: A. The location, size, design or 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: 1. The adequacy of public facilities, services and utilities to serve the proposed project; 2. The suitability of the site for the type and intensity of use or development which is proposed; and The harmful effect, if any, upon environmental quality and natural resources of the City; 3. Facts: The property is buffered from adjoining properties by mature landscaping and all public utilities and facilities necessary to conduct the use currently exist for the site. Discussion: The Permit restricts the number of training classes which may be conducted per week, hours and days that the Dog Obedience Training may occur, the fenced area in which the training may occur and restricts the keeping of dogs overnight to a maximum of five pursuant to Animal Regulation standards of the Municipal Code. Conclusion: The Olivenhain Community Advisory Board finds, therefore, that the Home Occupation to permit non-resident employees for the Dog Obedience Training proposes no adverse impacts to the existing residential neighborhood within which the project is located and that all utilities to support the use are available to the site. B. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; Facts: No evidence has been submitted to indicate that any policies of the General Plan or regulations of the Municipal Code would be adversely affected by the proposed Home Occupation to permit employment of non-residents to help conduct the Dog Obedience Training use. Discussion: The approval of non-resident employees to engage in the Home Occupation is permitted by Section 30.48.040 M4 of the Zoning Ordinance with Minor Use Permit approval. All other development standards of the RR-2 Zoning District are satisfied by the proposed use as conditioned by this permit. . . . Conclusion: The Olivenhain Community Advisory Board finds, therefore, that the proj ect will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. C. The project complies with all other regulations, conditions or policies imposed by the Municipal Code. Facts: The Municipal (Zoning) Ordinance allows for non- resident employees to be engaged in Home Occupations as an accessory use to a single family residence within the RR-2 Zone upon issuance of a Minor Use Permit. Discussion: The project conforms in all other aspects with the Development standards of the RR-2 Zoning District. Conclusion: The Olivenhain Board finds, therefore, that all regulations, conditions and policies of the City's Municipal Code are satisfied.