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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. . CO/05/CR09-714wp5 (2-27-91/5) Page 2 of 7 . 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. . CO/05/CR09-714wp5 (2-27-91/5) Page 3 of 7 . 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. . . CO/05/CR09-714wp5 (2-27-91/5) Page 7 of 7