1991-10
RESOLUTION NO. NE.oS 9 it)"
. C\ \ .q,:,
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT FOR A TEMPORARY JOBS 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
WHEREAS, the City of Encinitas applied for a Minor Use Permit
to allow Temporary Jobs 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.
WHEREAS, public hearings were conducted on the application by
the New Encinitas Community Advisory Board on September 25, and
October 2, 1989, and all persons desiring to be heard were heard;
. and
WHEREAS, two six-month time extensions were approved at public
hearings on March 19, 1990 and on September 17, 1990; and
WHEREAS, a further time extension was granted at a public
hearing on May 6, 1991 to December 31, 1991; 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 hearings;
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;
e. Time extensions for the temporary jobs center permit were
approved on March 19 and September 17,1990 and on May 6,
1991; and
f. Additional written documentation.
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. 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:
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
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 the 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 the Municipal 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
. CO/02/CRO8-808WP5 (5/7/91-1) 2
. met or an extension has been approved by the Authorized
Agency, and may be extended upon written request by the
Authorized Agency;
2. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval;
3. At all times dùring 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 during 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;
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
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12. Project is approved as submitted/modified and shall not
. be altered without Community Advisory Board review
approval.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following ADDITIONAL conditions (NOTE: The
following conditions were amended by the New Encinitas Community
Advisory Board on May 6, 1991):
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 Encinitas 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 of the project
site. A signing program shall also be prepared which
. clearly delineates "No Trespassing" areas. An anti-
solicitation ordinance which discoura~es large ~oups of
people from gathering at the site durlng non-operatl.onal
periods of the day shall be reviewed by the City Council.
3. Staff shall report back to the New Encinitas CAB at their
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 ~ pfi#~g portable toilets and the toilets shall
be placed tÓ€fiê rear of the parking area so that terrain
can be an aid in the screening.
5. The restrooms oh;:1l1 be locked iJ~'MÊgHP;;¡'9Ç¥,~j:;~i after the
hours of operation. oince they 5.fCTÒÔ5tCdÓrilhc oite in
order to be...l.lC>C:cl... ~n~.~<1.G:::;oc.~<l tJcr[1~.~\..~t!:l..~:t:Þ<::~~';['~If.\J?<:>:t:".<l:rY~~~<:>~
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CO/02/CRO8-808WP5 (5/7/91-1) 4
.
.
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PASSED AND ADOPTED this 2nd day of October, 1989, by the
.
following vote, to wit:
AYES: Board Members White, Colgan, and Patton
NAYS: None
ABSENT: Board Members Beck and Quinn
ABSTAIN: None ç&.
0--
Charles Colgan, Chaí erson
of the New Encinitas
Community Advisory Board
ATTEST:
,)O /
ta;:1' c:L
LI DA S. NILES,
Associate Planner
. Amended at Public Hearing on this 6th day of May, 1991 by the
following vote, to wit:
AYES: Board Members Weaver, Patton, and Felker
NAYS: Board Members Grajek and Beck
ABSENT: None
ABSTAIN: None
ATTEST: Q.. ckJ~
G~ \ l.::,
CRAIG R. OLSON,
Assistant Planner
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