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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