1991-14
. RESOLUTION NO. NE91-14
A RESOLUTION OF THE NEW ENCINITAS COMMUNITY
ADVISORY BOARD APPROVING A KINOR
USE PERMIT TO ALLOW THE ANNUAL SALE OF HALLOWEEN COSTUKES FROK
A 20' X 20' TENT FOR APPROXIMATELY 36 DAYS A YEAR FOR
PROPERTY LOCATED AT 247 N. EL CAMINO REAL, VILLA ENCINITAS PLAZA,
ENCINITAS
(CASE NUKBER 91-120 KIN)
WHEREAS, a request for consideration of a Minor Use Permit was
filed by Sharon N. Kramer to allow the yearly sale of Halloween
costumes from a 20' x 20' tent for approximately 36 days a year per
Chapter 30.74 of the City of Encinitas Municipal Code, for the
property located at 247 N. EI Camino Real (Villa Encinitas Plaza),
New Encinitas described as:
SEE ATTACHMENT "A"
WHEREAS, a public hearing was conducted on the application on
August 5, 1991;
WHEREAS, the New Encinitas Community Advisory Board
considered:
. 1. The staff report dated July 19, 1991;
2. The application, and site plan, dated received July 1,
1991 submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
WHEREAS, the New Encinitas Community Advisory Board made the
following findings pursuant to Chapter 30.74 of the Encinitas
Municipal Code:
1. The location, size, design or operating characteristics of the
proposed project will be compatible with and will not
adversely affect and will not be 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 the site for the type and
intensity of use or development which is proposed;
and
c. The harmful effect, if any, upon environmental
quality and natural resources of the City.
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. 2. The impacts of the proposed project will adversely affect the
policies of the Encinitas General Plan or the provisions of
this Code; or
3. The project fails to comply with any other regulations,
conditions or policies imposed by this Code.
Evidence:
Public services and facilities are available for the proposed
project as this is an existing retail center. The retail
center is suitable for the proposed costume sale as this use
is expressly permitted in all commercial zones. The use of
the tent in the proposed parking spaces of the parking lot
will not adversely affect the required parking spaces for the
plaza as' there are excessive parking spaces. Further, no
evidence has been presented to indicate that the project would
have any harmful effects upon the environmental quality and
natural resources of the City.
The project is located in the General Commercial zone which
allows for retail uses. Per Section 30.20.010B of the
Municipal Code, retail sales outside an enclosed building is
permitted with a Minor Use Permit. Further, the proposed
proj ect is of a temporary nature only for approximately 36
days a year.
. There are no known impacts that would adversely affect the
policies of the General Plan or the provisions of the Zoning
Code. The proposed project is compatible with the land use
map designation and zoning map designation for a general
commercial zone.
NOW, THEREFORE, BE IT RESOLVED by the New Encinitas Community
Advisory Board of the City of Encinitas that application 91-120 MIN
is hereby approved subject to the following conditions:
1. This Minor Use Permit is non-transferable without the
express approval of the city through its authorized
agency. Should the use be found in violation of any of
the conditions of this permit, a noticed public hearing
shall be conducted to determine if this permit should be
revoked.
2. This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
3. Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
City Ordinances in effect at the time of Building Permit
issuance unless specifically waived herein.
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. 4. Permits from other agencies, if applicable, will be
required as follows:
state Coastal Commission
5. This Permit is approved as presented in the site plan and
elevations received by the City on July 1, 1991 and
approved by the New Encini tas Community Advisory Board on
August 5,1991, and shall not be altered without Planning
and Community Development Department review and approval.
6. 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.
7. 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. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
. 9. Prior to commencing the approved use, the applicant shall
submit to the Planning Department 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 Fire District.
10. Address numbers shall be clearly visible from the street
fronting the structure.
11. The tent shall be erected no closer to the street than
the existing flower stand (out of the right-of-way) and
shall occupy no more than two parking spaces as shown on
the site plan dated received July 1, 1991, with three
additional parking spaces to be blocked off for customer
access.
12. The tent shall not be modified from the specifications
submitted to the Planning Department on July 1, 1991
unless reviewed and approved by staff.
13. All signage shall conform to the temporary sign
requirements contained in Chapter 30.60 of the Municipal
Code and shall not exceed a maximum of 16 square feet in
Sl.ze.
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. 14. This permit enables the applicant to sell Halloween
costumes once a year only from the last week in September
to the first week in November for approximately 36 days,
which time includes the erection and dismantling of the
tent, without applying for a Minor Use Permit each time.
15. All necessary permits from concerned city departments
must be applied for every year. At such time, specific
dates that the tent will be erected and dismantled will
be established, allowing no more than 36 days.
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
This project was found to be exempt from environmental review per
Section 15301(e) of the State CEQA Guidelines.
PASSED AND ADOPTED this 5th day of August, 1991, by the
following vote, to wit:
AYES: Weaver, Beck, Patton, Grajek
NAYS: None
ABSENT: Felker
. ABSTAIN: None
ATTEST:
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/
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. ATTACHMENT nAn
LEGAL DESCRIPTION
That portion of the Southwest quarter of the Southeast quarter
of Section 11, Township 13 South, Range 4 West, San Bernadino
Base and Meridian, in the City of Encinitas, County of San
Diego, State of California, more accurately described in
Document #89-075992, recorded in the Office of the County
Recorder of said San Diego County on February 11, 1989.
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