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.