2004-103 - EG
City of Encinitas
PLANNING AND BIDLDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2004-103
October 18, 2004
This letter is to inform you that the Planning and Building Director has approved your application
for:
04-079 MIN/CDP (Eddy) - A request for a Minor Use Permit and Coastal Development
Permit to allow for the establishment of a roadside flower stand, at a property located on
Orpheus Avenue (APN: 256-243-14). The subject property is located in the R-3
(Residential 3) Zone and within the Coastal Zone.
Project Description and Discussion: The applicant requests approval to allow a roadside flower
stand to operate on the vacant subject parcel (APN 256-243-14). The uses surrounding the project
site consist of a gas station to the east, single-family residences to the west and south across the
Leucadia Boulevard right-of-way, and greenhouses to the north. Pursuant to Section 30.48.040P
of the Encinitas Municipal Code, roadside sales of agricultural products require issuance of a
Minor Use Permit in the subject R-3 Zone. Requests for a Minor Use Permit and a Coastal
Development Permit are processed in accordance with Chapters 30.74 (Use Permit) and 30.80
(Coastal Development Permit) of the Municipal Code.
The applicant is proposing a 10' x 10' shed cabin with an attached 10' x 10' trellis structure to be
utilized as display and sales areas for the flowers being produced on site. Pursuant to Section
30.48.040P, roadside stands should be located not nearer than 15 feet to any street or highway.
The display structure will be located approximately 18 feet, from the edge of Orpheus Avenue
right-of-way and 10 feet from the Leucadia Boulevard right-of-way, but approximately 35 feet
from the edge of pavement on Leucadia Boulevard. There are no approved or proposed future
improvements on Leucadia Boulevard that will lessen the setback of the proposed stand from the
"street" .
The applicant is also proposing a 450-square foot greenhouse structure for the purpose of
growing and production of flowers, plants, and other agricultural products, and not for the
purpose of retail sales area or display. Customers for the proposed establishment shall not be
allowed to enter into the greenhouse structure for the purpose of purchasing or viewing of any of
the products being produced or sold on site. A fence shall be installed between the stand and the
greenhouse to separate the two structures and to avoid patrons from entering the greenhouse.
Prior to issuance of the building permit, the applicant shall submit the fInal design, including
colors and materials, of such proposed greenhouse "growing" structure with the fence for review
and approval by the Planning and Building Director. The flower stand will operate between the
hours of 8:30 a.m. and 7:30 p.m. from Mondays through Sundays. Future changes in hours of
operation shall and will be subject to Planning Department review and approval.
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The applicant proposes one on-site permanent sign of 5 sq. ft. The freestanding sign shall not be
more than 4 feet in height and a minimum of 2 feet from the Orpheus Avenue and Leucadia
Boulevard right-of-ways or the property line, which ever is closer. The Planning Department will
review the final sign design prior to installation. An off-site directional sign is prohibited pursuant
to Section 30.60 ofthe Encinitas Municipal Code. The applicant also proposes off-street parking
spaces to accommodate patrons of the proposed use on the most w(1sterly half of the subject
property.
The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the
Municipal Code. According to the applicant's fInal report, only the applicant was present at the
May 11, 2004 meeting at the site. A standard public notification was issued for the Minor Use
Permit application, which allowed for a 20-day comment period. The Planning Department
conducted an Administrative Public Hearing on September 8, 2003. One member of the public
attended the public hearing. Mr. Dean Jones, owner of the property located at 878 Eolus Avenue,
directly west of the subject property, expressed concerns regarding the aesthetics of the proposed
structures and the location of the proposed driveway access opening on Eolus Avenue. Staff also
received six (6) letters stamped received by the City on September 15,2004 from adjacent property
owners opposing the proposed roadside stand. The citizens expressed concerns about the
commercialization of the residential neighborhood and traffic.
The Planning and Building Department has identifIed no significant adverse impacts which. would
likely result from the issuance of the Minor Use Permit and the proposed project is categOrically
exempt from environmental review pursuant to Section 15303( c) of the California Environmental
Quality Act (CEQA) Guidelines.
This approval is based on the following fmdings:
FINDINGS FOR A USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or. more of the
following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources, with consideration given to, but not
limited to:
a. The inadequacy of public facilities, services and utilities to serve the proposed
project;
b. The unsuitability of the site for the type and intensity of use or development which is
proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources of the
city;
Facts: The applicant requests approval to allow a roadside flower stand to operate on the
vacant subject parcel (APN 256-243-14). The applicant is also proposing a 450-square
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foot greenhouse structure for the purpose of growing and production of flowers, plants,
and other agricultural products, and not for the purpose of retail sales area or display.
The uses surrounding the project site consist of single-family residences to the south and
west, greenhouses to the north, and a gas station to the east. Pursuant to Section
30.48.040P of the Encinitas Municipal Code, roadside sales of agricultural products
require issuance of a Minor Use Permit in the subject R-3 Zone.
Discussion: The Planning and Building Department has conducted an analysis of the
application and has not identifIed any signifIcant adverse impact to the subject property
or. surrounding properties which could result from the proposed use. The subject property
is surrounded by residential and commercial uses. There are no environmental issues
associated with the project since it is exempt from environmental review pursuant to
CEQA Guidelines Section 15303(c).
Conclusion: The proposed project is compatible with the existing use on the neighboring
properties, and will not adversely affect or be materially detrimental to adjacent uses or
natural resources.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: The applicant requests approval to allow a roadside flower stand to operate on the
vacant portion of the subject parcel (APN 256-243-14). The applicant is also proposing a
450-square foot greenhouse structure for the purpose of growing and. production of
flowers, plants, and other agricultural products, and not for the purpose of retail sales area
or display. The uses surrounding the project site consist of single-family residences to the
south and west, greenhouses to the north, and a gas station to the east. Pursuant to
Section 30.48.040P of the Encinitas Municipal Code, roadside sales of agricultural
products require issuance of a Minor Use Permit in the subject R-3 Zone. The applicant
proposes one on-site permanent sign of 5 sq. ft. The freestanding sign shall not be more
than 4 feet in height and a minimum of 2 feet from the Orpheus Avenue and Leucadia
Boulevard right-of-ways or the property line, which ever is closer. The Planning
Department will review the fIllal sign design prior to installation. An off-site directional
sign is prohibited pursuant to Section 30.60 of the Encinitas Municipal Code. The
applicant also proposes off-street parking spaces to accommodate patrons of the proposed
use.
Discussion: With the approval of the Minor Use Permit application as conditioned, the
proposed use complies with all applicable development standards. All applicable utilities
and services are in place to support this development. The proposed use will have no
adverse impact to the policies of the General Plan or provisions of the Municipal Code.
Conclusion: The proposed project will not adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code. With approval of the Minor Use
Permit application as conditioned, the project as proposed will comply with all
regulations, conditions, and policies of the Municipal Code.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following fmdings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
1. The project is consistent with the certifIed Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any signifIcant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specifIc fInding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: Th~ applicant requests approval to allow a roadside flower stand to operate on the
vacant portion of the subject parcel (APN 256-243-14). The applicant is also proposing a
450-square foot greenhouse structure for the purpose of growing and production of
flowers, plants, and other agricultural products, and not for the purpose of retail sales area
or display. The uses surrounding the project site consist of single-family residences to the
south and west, greenhouses to the north, and a gas . station. to the east. Pursuant to
Section 30.48.040P of the Encinitas Municipal Code, roadside sales of agricultural
products require issuance of a Minor Use Permit in the subject R-3 Zone. The applicant
proposes one on-site permanent sign of 5 sq. ft. The freestanding sign shall not be more
than 4 feet in height and a minimum of 2 feet from the . Orpheus Avenue and Leucadia
Boulevard right-of-way or the property line, which ever is closer. The Planning Department
will review the final sign design prior to installation. An off-site directional sign is
prohibited pursuant to Section 30.60 of the Encinitas Municipal Code. The applicant also
proposes off-street parking spaces to accommodate patrons of the proposed use.
Discussion: Related to fInding No.1, with the approval of the Minor Use Permit request,
the project complies with or is conditioned to comply with the City's Local Coastal Program
and the Municipal Code. Related to fIllding No.2, no potentially signifIcant adverse
impacts to the environment are associated with the proposed project, and the project is
categorically exempt from environmental review pursuant to Section 15303( c} of the
California Environmental Quality Act Guidelines. Finding No.3 is inapplicable since the
project is not located between the sea or other body of water and the nearest public road.
Conclusion: The Planning and Building Department finds that 1) the project is consistent
with the certified Local Coastal Program of the City of Encinitas; 2) no potentially
signifIcant adverse impacts to the environment will result and the project is categorically
exempt from environmental review pursuant to Section 15303(c) of the California
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Environmental Quality Act (CEQA) Guidelines; and 3) fInding No.3 is not applicable to the
project since the project site is not located between the sea or other body of water and the
nearest public road.
Environmental Review: The project is determined to be exempt from Environmental Review as
per Section 15303(c) of the California Environmental Quality Act Guidelines, which exempts the
construction and location of limited numbers of new, small facilities or structures not involving
the use of signifIcant amounts of hazardous substances, and not exceeding 2,500 square feet in
floor area.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on October 18, 2006 at 6:00 p.m., two years after the approval of
this project, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
SC6 This project is conditionally approved as set forth on the application dated received by the
City on March 29,2004, project drawings consisting of three (3) sheets including Site Plan
Elevations, and colored brochure for the shed cabin structure, all designated as approved by
the Planning and Building Director on October 18, 2004, and shall not be altered without
express authorization by the Planning and Building Department.
SCA Planning Final Inspection is required prior to any use of the project site pursuant to this
permit.
SCB Customers for the proposed roadside stand establishment shall not be allowed to enter
into the greenhouse "growing" structure for the purpose of purchasing or viewing of any
of the products being produ,ced or sold on site. A fence shall be installed between the
stand and the greenhouse- to separate the two structures and to discourage patrons from
entering the greenhouse.
SCC Prior to issuance of the building permit, the applicant shall submit the fInal design,
including colors and materials, of the proposed greenhouse (growing) structure with the
fence for review and approval by the Planning and Building Director.
SCD The hours of operation shall be limited between the hours of 8:30 a.m. and 7:30 p.m. from
Mondays through Sundays. Future modifications in the hours of operation shall and will be
subject to Planning Department review and approval.
SCE No parking on Orpheus Avenue and Leucadia Boulevard for the Agricultural/Flower Stand
shall be allowed at any time.
SCF The applicant/owner shall pay all citation fees prior to any use of the subject site.
SCG The site shall be maintained in a clean and orderly appearance at all times. Miscellaneous
equipment and other related items shall be stored in an orderly manner and out of sight from
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the public view to the degree possible. No trash, debris, cuttings or other materials may be
allowed to accumulate on the project site, and all materials shall be stored and arranged so as
to maintain an orderly appearance.
SCH One on-site freestanding sign is approved as proposed in compliance with the Encinitas
Municipal Code Sign Ordinance. The proposed off-site directional sign is prohibited
pursuant to Section 30.60 of the Encinitas Municipal Code.
SCI The proposed "cooler" shall be located within the enclosed "growing" greenhouse
structure and not adj acent to the proposed roadside stand structure.
GIST ANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifIcally waived herein.
G 12 Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Planning and
Building Department.
VI At all times during the effective period of this permit, the responsible party shall obtain and
maintain in valid force and effect, each and every license and permit required by a
governmental agency for the operation of the authorized activity.
U2 In the event that any of the conditions of this permit are not satisfIed, the Planning and
Building Department shall cause a noticed hearing to be set before the authorized agency to
determine whether the City of Encinitas should revoke this permit.
U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City
of Encinitas, acting through the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit.
V4 Nothing in this permit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by
this permit.
U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
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U7 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a use permit contained in Section 30.74.105 of the
Municipal Code. Modifications beyond the scope described therein will require submittal
and approval of an amendment to the use permit by the authorized agency.
\
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
EG 1 Gradinl! Conditions
EG 14 A grading permit shall be obtained for this project unless the proposed grading is exempt
under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from
permit requirement, the Owner shall provide a precise site plan prior to approval of a
building permit. The building site plan shall provide design for drainage improvements,
erosion control, storm water pollution control, and on-site pavement.
ED 1 Drainal!e Conditions
ED2A An erosion control system shall be designed and installed onsite during all construction
activity. The system shall prevent discharge of sediment and all other pollutants onto
adjacent streets and into the storm drain system. The City of Encinitas Best Management
Practice Manual shall be employed to determine appropriate storm water pollution control
practices during construction.
ED3 A drainage system capable of handling and disposing of all surface water originating within
the project site, and all surface waters that may flow onto the project site from adjacent
lands, shall be required. Said drainage system shall include any easements and structures
required by the Engineering Services Director to properly handle the drainage.
ED5 The owner shall pay the current local drainage area fee prior to issuance of the building
permit for this project or shall construct drainage systems in conformance with the Master
Drainage Plan and City of Encinitas Standards as required by the Engineering Services
Director.
ES I Street Conditions
ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
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EU1 Utilities
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
Emtineerine: Special Conditions
1. A standard driveway apron shall be provided at Eolus Avenue.
2. This project proposes to use the site for a flower sales business and does not propose any
paving or permanent groundcover. The applicant shall ensure that adequate groundcover
and/or temporary Best Management Practice measures are provided to prevent the
discharge of sediment and other pollutants from the site. Temporary BMP measures
include straw mat, gravel, straw rolls, gravel bags, silt fences, and bonded fIber matrix.
3. There is limited site visibility for vehicular traffIc travelling southbound on Eolus. In
order to maximize the sight distance, the applicant may install turf only (no taller-
growing plants) in the public right-of-way on Leucadia Boulevard. Any landscaping or
irrigation facilities proposed within public right-of-way require an encroachment
removal agreement to be obtained from the City.
This notice constitutes a decision of the Planning Department only. Additional permits,
including Building Permits, may be required by the Building Department or other City
Departments. It is the property owner's responsibility to obtain all necessary permits required for
the type of project proposed.
In accordance with the provisions of Municipal Code Section 1.12, this decision may be appealed to
the City Council within fIfteen (15) calendar days of the date of this determination. The appeal
must be filed, accompanied by a fIling fee, prior to 5 :00 p.m. on the 15th calendar day following the
date of this notice of decision. This decision may not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Roy Sapau at the Planning
and Building Department by telephoning (760) 633-2734.
~h~0uL ~
Patrick hy
Planning and Building Director
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