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1990-18 þ . RESOLUTION NO. L-90-18 A RESOLUTION BY THE LEUCADIA COMMUNITY ADVISORY BOARD TO APPROVE A MINOR USE PERMIT TO ALLOW CONSTRUCTION OF A ROADSIDE FLOWER, FRUIT AND PRODUCE STAND, TO ALLOW THE CULTIVATION OF APPROXIMATELY 3.25 ACRES OF LAND AND TO CERTIFY A MITIGATED NEGATIVE DECLARATION FOR THE ABOVE ACTIVITIES TO BE LOCATED AT THE SOUTHEAST CORNER OF LA COSTA AVENUE AND SAXONY ROAD (CASE NO. 89-110-MIN) WHEREAS, a request for consideration of a Minor Use Permit was filed by A.K. Oliver to allow construction of a roadside stand and permit agricultural cultivation of approximately 3.25 acres as per Chapter 30.74 of the City of Encinitas Municipal Code, for the property located at the southeast corner of La Costa Avenue and Saxony Road legally described as: West half of Lot 7 of Northwest quarter of Southeast quarter of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego according to united States Government Survey . approved May 3, 1883. WHEREAS, a public hearing was conducted on the application on June 7, 1990 and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: 1. The staff reports dated May 30, 1990; 2. The General Plan, Zoning Code and maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Documentation and site plans submitted by the applicant; and WHEREAS, the Leucadia Community Advisory Board made the required findings pursuant to Section 30.74 of the Zoning Code. SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that the Minor Use Permit application is hereby approved subject to the following conditions: SEE ATTACHMENT "B" . JJ/03/CRO6-570WP5 (06/22/90/4) CASE NO. 89-110-MIN PAGE 1 OF 10 . PASSED AND ADOPTED this 7th day of June, 1990, by the following vote, to wit: AYES: Eldon, Shur, Kaden, Locko NAYS: None ABSENT: Jacobson ABSTAIN: None ~_Jct- - A len ur, Chairperson of the Leucadia Community Advisory Board . . JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN PAGE 2 OF 10 - . ATTACHMENT "A" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-18 Minor Use Permit (30.74.070) Findings: A. 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; 2. The suitability of the site for the type and intensity of use or development which is proposed; and 3. The harmful effect, if any, upon environmental quality and natural resources of the City; and Evidence: The project, as modified, is consistent with the accessory uses permitted in the rural residential 1 zone. The . existing site has electricity and a water well. However, the proposed use will not use electricity other than that generated on-site on a temporary basis. As the structure is in excess of 120 square feet of project roof area, compliance with the Uniform Building Code will apply. All proposed electric systems will be subject to UBC regulation. The site is suitable and appropriate for the proposed uses. The stand is well removed from existing residences and is located adjacent to a Circulation Element Road. The area to be cultivated will not be detrimental to and will not adversely affect adjacent uses, residences, buildings, structure, or natural resources. Specific conditions relative to the types as fertilizers, herbicides and pesticides used and stored on the site will ensure minimum impact to the environment. B. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of this Code; and Evidence: The proposed project, as modified, does conform to General Plan policies and Zoning Code Requirements. The stand is located next a Circulation Element Road. The General Plan . encourages community food and flower gardens. The stand meets JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN PAGE 3 OF 10 - . zoning code criteria for size, location, setbacks and parking requirements. C. The project complies with all other regulations, conditions or policies imposed by this Code. Evidence: This project will comply with all zoning code requirements pertinent to the type of development proposed since the resolution contains standard and specific conditions that must be satisfied to approve this project. . . JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN PAGE 4 OF 10 - . ATTACHMENT "B" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-18 1. SPECIFIC CONDITIONS: A. Applicant shall increase the numbers of plantings of landscape materials. Such increased landscaping shall be approved administrati vely without the need to be reviewed by the Board. All landscape materials shall be kept in a healthy and attractive condition. B. The display area shall be limited in size to no more than 200 square feet. Any increase in display area beyond this size shall constitute a code violation and shall be handled accordingly. C. Staff shall make a minimum of two site visits a year, on a random and unannounced basis, to ensure compliance with the conditions of approval of this use permit. D. The applicant will be required to obtain special seasonal permits for the sale of Christmas trees and pumpkins. . E. The applicant shall obtain all required permits for the hook-up and utilization of water and electrical services. F. This project shall be permitted only 1 monument sign. Such sign may have the proposed advertising message on both sides, shall be 35 square feet in size (as indicated on site plan), and will be located in such a manner as to not restrict sight distances along La Costa Avenue and Saxony Road. G. The color of the stand shall be as presented on the colored rendering approved by the Leucadia Community Advisory Board on June 7, 1990. H. Use of herbicides, pesticides, and fertilizers on the site proposed to be cultivated shall be limited to the following: Herbicides Safer Sharp Shooter Contact Weed Killer Ortho Systemic Weed and Grass Killer Round-Up Systemic Weed Killer Pesticides Safer Garden Insect Killer Greenlight Dormant and Summer Insect Spray . Greenlight Malathion JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN PAGE 5 OF 10 - . Fertilizer Woodace 20-5-5 I. In order to minimize wind erosion to the agricultural site, the parcel shall not be left without vegetative cover for more than 120 days for any given period. Vegetative cover may consist of either planted or native speCles. 2. GENERAL CONDITIONS: A. This approval will expire in two years, on June 7, 1992, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. C. 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. . D. At no time dur ing 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. E. 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 permit. F. 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. G. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. . JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN PAGE 6 OF 10 - . H. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 1. 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 unless specifically waived here. J. 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 unless specifically waived here. K. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. If the applicant is not able to obtain building permits due to a growth management program within the two year period, this approval may be extended by the Director of Planning and . Community Development to allow for the issuance of building permits. L. Permits from other agencies will be required as follows: a. Coastal Commission APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 3. SITE DEVELOPMENT A. Site shall be developed in accordance with the approved site plans, building elevations colored rendering, and landscape plans which are dated and signed as approved on June 7, 1990 by Community Advisory Board and which are on file in the Planning and Community Development Department and the conditions contained herein. Said site plan is approved subject to the following modification: The applicant is permitted only one monument sign. Such sign can be double-sided and shall be located so as not to interfere with vehicular sight distance. . JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN PAGE 7 OF 10 . project site business B. Prior to any use of the or activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning and Community Development. C. 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. These fees shall be paid prior to: a. Building permit issuance. D. Owner(s) shall enter into and record a covenant satisfactory to the City Attorney waiving any claims of liability against the City and agreeing to indemnify and hold harmless the City and City's employees relative to the approved project. (Option for bluff development: This covenant is applicable to any bluff failure and erosion resulting from the development project.) F. Any change to the natural drainage or concentration of . drainage shall be adequately handled and shall not impact adjacent properties. G. A plan shall be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Department regarding the security treatment of the site during the construction phase, the on- and off-site circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. 4. PARKING AND VEHICULAR ACCESS A. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the Offstreet Parking Design Manual. 5. LANDSCAPING A. A revised landscape and irrigation plan shall be submitted to and approved by the Department of Planning and Community Development prior to the issuance of building permits. . JJj03jCRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN PAGE 8 OF 10 - . B. All required planting shall be in place prior to use or occupancy of new buildings or structures. All required plantings shall be maintained in good growing conditions, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. 6. SIGNS A. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 7. FIRE . A. Applicant shall provide one fire extinguisher with a maximum rating of 2A 10BC. B. Prior to building permit issuance, applicant shall submit a letter from the Fire District stating that all project review fees have been paid. C. There shall be not less than a 50' clearance of brush, weeds, etc. all around proposed produce/flower stand. 8. BUILDING A. Provide compliance with the Uniform Building code for property line clearances considering use, area and fire resistance of existing buildings. B. Existing building(s) shall be made to comply with current building and zoning regulations for the intended use or the building shall be demolished with appropriate permits. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE . WITH THE FOLLOWING CONDITIONS: JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN PAGE 9 OF 10 - . . 9. UTILITIES A. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. B. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. C. All proposed utilities within the project shall be installed underground including existing utilities unless exempt pursuant to the Municipal Code. D. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. E. utility easements shall be provided to the specification of the serving utility companies and the Director of Public Works. F. Water, sewer, and fire protection systems plans shall be . designed and constructed to meet requirements of the City of Encinitas, Fire District Appropriate Agency and the Health Department of the County of San Diego. 10. PARKING A. Regrade parking area along Saxony Road to conform with the existing edge of pavement. . JJ/03/CRO6-570WP5 (06/20/90/3) CASE NO. 89-110-MIN PAGE 10 OF 10