1991-02
. RESOLUTION NO. NE 91-02
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD
APPROVING A KINOR USE PERMIT
FOR AGRICULTURAL PRODUCTION AND AN AGRICULTURAL
ROADSIDE SALES STAND FOR PROPERTY
LOCATED IN THE 1500 BLOCK OF EL CAMINO REAL
(CASE NO. 90-269 KIN)
David Ay¡...f Z(;.ì-OG.:!-II Minor Permit
WHEREAS, Perry applied for a Use per
sections 30.48.040 (Q) and (V) and Chapter 30.74 (Use Permits) of
the Municipal Code of the City of Encinitas; and,
WHEREAS, the property is located in the 1500 block of EI
Camino Real and legally described as follows:
The North One Half of the Northwest Quarter of the Southwest
Quarter, and the Southwest Quarter of the Northwest Quarter
of the Southwest Quarter of section 24, Township 13 South,
Range 4 West, San Bernardino Meridian, according to the United
States Government Survey approved April 19, 1881.
. WHEREAS, public hearings were conducted on the application on
January 7, February 4 and March 4, 1991; and,
WHEREAS, the Community Advisory Board considered without
limitation;
1. The staff reports dated January 2, January 30, and
February 27, 1991;
2. The adopted General Plan, Zoning Code and associated Land
Use Maps;
3. Oral evidence submitted at the hearings;
4. written evidence submitted at the hearings;
5. Documentation and site plans submitted by the applicant
and dated received by the City on November 26, 1990; and
WHEREAS, the New Encinitas Community Advisory Board made the
required findings pursuant to Chapters 30.74 (Use Permits):
. (See Attachment "A")
CO/05/CR09-714wp5 (2-27-91/5) Page 1 of 7
. NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community
Advisory Board of the City of Encinitas that application 90-269 MIN
is hereby approved subject to the following conditions:
I. SPECIFIC CONDITIONS:
1. The approved use shall conform to the plans reviewed and
approved by the Community Advisory Board and on file with
the Community Development Department.
2. The area around the roadside stand shall be constantly
maintained in a neat and litter free manner to the
satisfaction of the Director of Planning and Community
Development.
3. The roadside stand shall not be increased in size over
200 square feet and the location of the stand shall not
be altered without prior City approval.
4. Off-street parking shall be provided pursuant to the plat
map received by the City on November 26, 1990 and
approved by the Board; and the number of parking stalls
shall not be reduced. Access to the parking area shall
be provided as specified and approved by the City
. Engineer.
5. All signage shall conform to the plans approved by the
Community Advisory Board and shall not be altered in
color, design or number without prior review by the
Board. The main sign attached to the agricultural sales
stand shall not exceed 16 square feet in size. The five
roadside signs shall conform to plans reviewed by the
Board.
6. Wood lattice screens shall be provided around areas
adjacent to the roadside sales stand to screen any
storage areas and to screen the required portable
restroom facility.
11. GENERAL CONDITIONS:
7. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
8. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be set before
the authorized agency to determine why the City of
Encinitas should not revoke this approval.
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. 9. 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.
10. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
11. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances.
12. Permits or findings of exemption shall be obtained from
other agencies as follows: state Coastal Commission
III. APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT AND
BUILDING DEPARTKENT REGARDING COKPLIANCE WITH THE FOLLOWING
CONDITIONS:
FIRE PREVENTION:
13. Address numbers shall be clearly visible from the street
fronting the structure. The size and placement of the
. address numbers shall be approved by the City Fire
Marshall.
14. Prior to final project approval, the applicant shall
submit 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
District.
BUILDING DEPARTKENT:
15. Temporary buildings must comply with section 104(c) of
the Uniform Building Code.
IV. CONDITIONS OF OPERATION:
16. No semis, tractor-trailers or trucks exceeding a rating
of two tons shall be allowed on premises at any time as
part of this minor use permit approval.
17. Hours of operation for the agricultural sales stand are
limited to the hours between 8 a.m. and dusk, seven days
a week and the sales stand may be staffed by a maximum
of two employees.
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. 18. All light fixtures, if any, shall be designed and
adjusted to reflect light downward, away from any road
or street, and away from any adjoining premises to the
satisfaction of the City's Code Enforcement Officer.
19. No loudspeaker or sound amplification system shall be
used to produce sounds in violation of City Noise
Standards.
20. Property owner shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval as conditioned. The covenant shall be in form
and content satisfactory to the Director of Planning and
Community Development.
21. Property owner shall notify, in writing, the City of any
change in the operators of the business on the subject
property.
22. Environmental Mitigations and Monitoring Program shall
conform to the following conditions:
(A) All agricultural cultivation and sales stand
activities are limited to the disturbed sage scrub
and disturbed earthen area identified as Figure 5
in the Environmental Initial Study. In addition,
. no use of chemical pesticides or herbicide is
permitted in association with the agricultural
production activity. Community Development
Department staff shall inspect the site prior to
operation of the agricultural sales stand to insure
that all activities are confined to the disturbed
areas as identified in Figure 5 of the Environmental
Ini tial Study and that pesticides and herbicides are
not being used. Thereafter, the City Code
Enforcement Officer shall make periodic inspections
to assure continued compliance.
(B) Irrigation of the planting area is limited to a drip
irrigation system. A small berm and fence shall be
placed along the southern edge of the parking area
to insure drainage from the parking area will be
diverted to EI Camino Real and the potential for
erosion of the slope and trash and debris entering
the creek is reduced. Community Development
Department staff shall inspect the site prior to
operation of the agricultural sales stand to assure
compliance with this condition. Thereafter, the
City Code Enforcement Officer shall make periodic
inspections to assure continued compliance.
. CO/05/CR09-714wp5 (2-27-91/5) Page 4 of 7
. (C) An inspection of the on-site sedimentation trap
facilities shall be made by a qualified Engineer to
determine if the trap has reached its capacity and
needs to be cleaned of sedimentation. Should the
trap require excavation, the applicant shall be
responsible for executing the clean-out to the
satisfaction of the City Engineer. Periodic
inspections and maintenance of the on-site
sedimentation trap facilities shall be made to the
satisfaction of the City Engineer.
BE IT FURTHER RESOLVED by the New Encinitas Community Advisory
Board of the City of Encinitas that:
A Mitigated Negative Declaration is adopted pursuant to CEQA
Guidelines and as conditioned by the Mitigation Monitoring
Program contained within this Resolution.
PASSED AND ADOPTED this 4th day of March, 1991, by the
following vote, to wit:
AYES: Grajek, Beck, White, Patton
NAYS: None
ABSENT: Quinn
. ABSTAIN: None
~ ~~.J
Anne Patton, Chairperson of the
New Encini tas community Advisory
Board
ATTEST:
~~.~
Craig R. Olson, Assistant Planner
. CO/05/CR09-714wp5 (2-27-91/5) Page 5 of 7
. ATTACHMENT "A"
I. MINOR USE PERMIT (30.74.070) FINDINGS:
1. The location, size, design or operating characteristics
of the proposed project will not be incompatible with or
will not adversely affect or will not be materially
detrimental to adjacent uses, residences, buildings,
structures or natural resources, with consideration given
to, but not limited to:
a. The adequacy of public facilities, services and
utilities to serve the proposed project;
b. The suitability of public facilities, services and
utilities to serve the proposed project;
c. The effect, if any, upon environmental quality and
natural resources or the City.
Evidence:
The New Encinitas Community Advisory Board finds adequate
public facilities, services and utilities exist to
support the requested activities. The use permit
requlres a portable restroom facility to be located
. adjacent to the agricultural sales stand. No evidence
has been submitted to indicate that the uses adversely
affect or are incompatible with adjacent use. The
Environmental Initial Assessment has identified
mitigations to reduce environmental impacts below a level
of s igni f icance. The resolution contains the mitigations
as conditions and incorporates a monitoring and reporting
program.
2. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of the Municipal Code;
Evidence:
The operations are consistent with the Resource
Management Element of the General Plan, Goal 11 and
Policies 11.8,11.11,11.13 and 11.15 which encourage the
continuance of agricultural activities within the City.
The uses are also found to be compatible with sections
30.48.04 Q and V of the Municipal (Zoning) Code which
regulate agricultural roadside sales stands and
horticultural/greenhouse operations and sales. The
activity was reviewed and the Environmental Initial
Assessment identified mitigations and incorporates a
. CO/05/CR09-714wp5 (2-27-91/5) Page 6 of 7
. mitigation and monitoring program as a condition of
project approval.
3. The project comply with any other regulations, conditions
or policies imposed by the Municipal Code.
Evidence:
The property owner seeks Minor Use Permit approval to
bring the operation into compliance with the City's
regulations. No other regulations, conditions or
policies of the City can be identified which the
operation would violate. The operation has been
conditioned by the Use Permit to assure continued
compliance with City regulations.
.
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