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:
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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.
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I
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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.
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I
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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:
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. / ";1'/ 1'l' / ,-
8 LIN S. NILES,
Associate Planner
8
03/BPl-19WP (03-01-89-3)