1991-18
RESOLUTION NO. L-91-18
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT TO OPERATE AN "OPEN" USE
FOR THE STORAGE, RENTAL AND SALE OF UTILITY
TRAILERS, AND FOR THE STORAGE AND SALE OF PLASTIC
"LIQUID CONTAINERS" FOR PROPERTY LOCATED AT 1114 NO.
HIGHWAY 101, ENCINITAS (CASE NO. 91-076-MIN; MINOR USE PERMIT)
WHEREAS, Terrence Mann applied for a Minor Use Permit to
allow an "open" use in the General Commercial Zone for the storage
and sale of utility trailers, and for the storage and sale of
plastic "liquid containers", as required by Section 30.20.010.B-3,
and as regulated by Section 30.74.070 (Minor Use Permits), of the
Municipal Code of the City of Encinitas; for property located at
1114 No. Hwy. 101, further described as;
All that real property situated in the County of San Diego,
State of California bounded and described as follows:
Lots 1 through 5 inclusive in Block 5 of SOUTH COAST PARK # 2
in the County of San Diego, State of California, according to
the Map thereof # 1859 filed in the office of the County
Recorder of San Diego County September 21, 1925.
WHEREAS, a public hearing was conducted on the application by
the Leucadia Community Advisory Board on July 18, and September 19,
1991, and all persons desiring to be heard were heard; and
WHEREAS, ev idence was submitted and considered to include
without limitation:
a. Revised operations and site plan (dated received Sept. 9,
1991);
b. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
c. CAB staff reports (91-076-MIN) dated July 10 and
September 11, 1991, which are on file in the Department
of Planning and Community Development;
d. Neighborhood petition dated August 22, 1991; and
e. Citizen correspondence.
NOW THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Minor Use Permit
is hereby approved subject to the following findings:
Zoning Ordinance Section 30.74.070:
1. 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:
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.
Evidence: The proposed commercial use is determined to be
compatible with the surrounding area and of acceptable
intensity of use since the operations plan and site plan
(Dated Sept. 9, 1991) indicate a reduced activity level, with
substantially fewer trailers located on site and visible from
the surrounding area, and with no delivery of trailers on
tractor-trailer trucks. Additionally, the proposed screening
of the site with fencing and landscaping will further reduce
the visual impact and apparent intensity.
2. The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of this Code.
Evidence: The proposed commercial use has been determined to
be compatible with the surrounding area and with the General
Commercial Zone.
3. The project complies with all other regulations, conditions or
policies imposed by this Code.
Evidence: The project has been reviewed and does conform to
all other appropriate regulations of the City of Encinitas
Municipal Code. '
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that:
This project was found to be exempt from environmental review,
pursuant to Section 15301 of CEQA.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following STANDARD conditions:
1. The existing operation shall be brought into conformance
with the approved Minor Use Permit within 30 days of the
date of approval since the request is for an existing
operation;
2. This approval may be appealed to the authorized agent
within 15 days from the date of this approval;
3. At all times during 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 Encini tas,
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;
12. Project is approved as submitted and shall not be altered
without Community Advisory Board review and approval,
unless such alteration is found to be in substantial
conformance with this approval;
13. For new residential construction, the applicant shall pay
development fees at the established rate. Such fees may
include, but not be limited to: Permit and Plan Checking
Fees, Water and Sewer Service Fees, School Fees, Traffic
Fees, Drainage Fees and Park Fees. Arrangements to pay
these fees shall be made prior to building permit
issuance.
14. Prior to building permit issuance 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.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following SPECIFIC conditions:
15. SITE PLAN: Any changes to the operation of the subject
trailer sales business from that described in the
submitted operations plan and site plan dated received by
the City of Encinitas on September 9, 1991, on file in
the Department of Planning and Community Development, or
any termination of the use as it exists for any reason
for a period of 180 consecutive days will terminate the
Use Permit. A major Use Permit Operation Compliance
Review shall be scheduled upon receipt of complaints
regarding suspected non-compliance wi th the conditions of
approval, and a compliance site inspection will be
scheduled by the appropriate staff. If it is found that
the site operations violate any aspect of the Major Use
permit, staff will schedule the project for a Compliance
Review Public Hearing at the Community Advisory Board
level and the Planning Commission level for determination
of appropriate action.
16. Trailer storage in the "front" area of the project site
shall be limited to a maximum of six trailers. A maximum
of two trailers shall be stacked in this area.
17. All merchandise and miscellaneous items associated with
the subject business shall be stored behind the six ft.
wooden fence and screened from public view at all times.
18. No loading or unloading of trailers shall be permitted in
the public right-of-way.
19. Any signs proposed for this development shall be designed
and approved in conformance with the Sign Ordinance.
20. All required plantings shall be maintained in good
growing condition, and whenever necessary, shall be
replaced with new plant materials to ensure continued
compliance with applicable landscaping and screening
requirements. All landscaping shall be maintained in a
manner that will not depreciate adjacent property values
or otherwise adversely affect adjacent properties. This
condition shall be placed in a covenant, the form of
which to be approved by the Deptartment of Planning and
Community Development, and recorded in the office of the
San Diego Couty Recorder.
21. The required screening height for hedges and other such
landscaping shall be attained within three years from the
date of this approval.
22. FEES: Within 30 days of the date of this approval, all
development impact, plan check and/or cost recovery fees
shall be paid to the satisfaction of the Fire District
and the Deptartment of Planning and Community
Development.
Fire Prevention:
23. ADDRESS NUMBERS: Address numbers shall be clearly visible
from the street fronting the structure. The height of
numbers shall conform to Fire District Standards.
PASSED AND ADOPTED this 19th day of September, 1991, by the
following vote, to wit:
Ayes: Boardmembers Jacobson, Allen, Buck, Eldon, and Gilholm
Nays: None
Absent: None
Abstain: None
(J1¡.
ALICE JACOB SO , Chairperson of the
Leucadia Co nity
Advisory Board
ATTEST:
~/~~
DIANE S. LANGAGER,
Assistant Planner