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1989-10 . 8 RESOLUTION NO. NE 89-10 A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR A TEMPORARY JOB CENTER TO BE LOCATED ON PROPERTY BEING THAT PORTION OF LOT 8, SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN AND AS FURTHER DESCRIBED IN ATTACHMENT "A" HEREIN WHEREAS, the City of Encinitas applied for a Minor Use permit to allow Temporary Job Center use to be located on property being that portion of Lot 8, Section 2, Township 13 South, Range 4 West, San Bernardino Base and Meridian and as further described in Attachment "A" herein; WHEREAS, public hearings were conducted on the application by the New Encinitas Community Advisory Board on September 25, and 8 October 2, 1989, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. site plan submitted by the applicant; b. written information submitted with the application; c. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; d. CAB staff reports (89-204-MIN) dated September 18, and September 28, 1989, which are on file in the Department of Planning and Community Development; and e. Additional written documentation. NOW THEREFORE, BE IT RESOLVED by the New Encinitas Community Advisory Board of the City of Encinitas that the Minor Use permit is hereby approved subject to the following findings: 8 03/BPl-19WP (03-01-89-3) 8 A. That the land use and design proposed are consistent with the general plan since it is a temporary use and the General Plan requires that a Specific Plan be adopted prior to approval of any permanent uses in the Specific Plan Overlay Zone. B. The location, size design or operating characteristics of the proposed project will not be incompatible 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 since they are available and are being provided on site; (2) The suitability of the site for the type and intensity of use or development which is proposed, since it is presently a Light Industrial Zone and temporary uses are allowed in the Light Industrial Zone with a Minor Use Permit as per Section 30.46.120 of the Zoning Code. (3) The harmful effect, if any, upon environmental quality and natural resources of the city, since measures are 8 being designed into the operation of the use and conditions are being imposed on the use that mitigate any anticipated impacts on the site and the surrounding area, and the project is exempt under CEQA Section 15303, Class 3 (c). C. The impacts of the proposed project will not adversely affect the policies of the existing Encinitas General Plan or the provisions of this Code, since it is allowed use with a Minor Use Permit in the Light Industrial Zone. D. The project complies with all other regulations, conditions or policies imposed by this Code. BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following STANDARD conditions: 1. This approval will expire on March 31, 1990, after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency, and may be extended upon written request by the Authorized Agency; 8 03/BP1-19WP (03-01-89-3) 8 2. This approval may be appealed to the authorized agent within 15 days from the date of this approval; 3. At all times during the effective period of this permit, the applicant 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; 4. At no time dur ing the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of this permit; 5. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be sent before the authorized agency to determine why the City of Encinitas should not revoke this permit; 6. 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; 8 7. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similarly in nature to the activity authorized by this permit; 8. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit; 9. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance; 10. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance if applicable; 11. All Permits from other agencies will be required when applicable; and 12. Project is approved as submitted/modified and shall not be altered without Community Advisory Board review and approval. 8 03/BPl-19WP (03-01-89-3) I 8 BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following ADDITIONAL conditions: 1. A monitoring period shall be established for the initial two months of the project operation to ensure that on- and off-site vehicular and pedestrian circulation is adequate, and that no safety problems exist. A signing program should also be prepared which clearly designates pedestrian circulation in English and Spanish. 2. The City of Encini tas shall be responsible for monitoring adjacent land uses and the results of the signing program, and maintaining the project area free from migrant camps being established, particularly in the heavily vegetated bluff areas to the south fo the project site. A signing program shall also be prepared which clearly delineates "No Trespassing" areas. An anti- solicitation ordinance which discourages large groups of people from gathering at the site during non-operational periods of the day shall be reviewed by the City Council. 3. Staff shall report back to the New Encinitas CAB at their 8 regularly scheduled meeting regarding the operation of the facility. The Community Advisory Board shall hold special meetings properly advertised per City of Encinitas standard advertising procedures as necessary, in order to effectuate expedient action on any project design changes or modifications deemed adequate or necessary by the CAB to alleviate any problems identified during the aforementioned Monitoring Period. 4. Planting and screening shall be provided on three sides of the two portable toilets and the toilets shall be placed to the rear of the parking area so that terrain can be an aid in the screening. 5. The restrooms shall be locked after the hours of operation, since they are located on the site in order to be used in association with the Temporary Job Center. 8 03/BPl-19WP (03-01-89-3) I . . 8 PASSED AND ADOPTED this 2nd day of October, 1989, by the following vote, to wit: Ayes: Boardmembers White, Colgan, and Patton Nays: None Absent: Boardmembers Beck and Quinn Abstain: None Charles Colgan, Chai of the New Encinitas Community Advisory Board ATTEST: /"/1/ ,,/ . / ";1'/ 1'l' / ,- 8 LIN S. NILES, Associate Planner 8 03/BPl-19WP (03-01-89-3)