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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. . - . 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. . mmb\91-120 min res - . 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. . mmb\91-120 min res - . 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: /' / . mmb\91-120 min res - . 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. . . mmb\91-120 min res -