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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. CD/g:\N od\04-079mincdp - 1 - 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 CD/g:\Nod\04-079mincdp -2- 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. CD/g:\Nod\04-079mincdp - 3 - 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 CD/g:\Nod\04-079mincdp -4- 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 CD/g:\N od\04-079mincdp - 5 - 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. CD/g:\Nod\04-079mincdp - 6- 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. CD/g:\Nod\04-079mincdp -7- 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 CD/g:\Nod\04-079mincdp - 8 -