Loading...
1992-05 . RESOLUTION NO. L 92-05 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT MODIFICATION TO ALLOW A 1,050 SQ.FT. EXPANSION OF AN ALREADY APPROVED OUTDOOR SALES BAZAAR (CASE 91-173 MIN) LOCATED AT 1244 NO. HIGHWAY 101, A 20 SPACE OFF-SITE PARKING LOT WITH A 10 FOOT MONUMENT SIGN LOCATED AT 1302 NO. HIGHWAY 101 IN LEUCADIA (CASE NUMBER 92-066 MIN/MOD) WHEREAS, a request for consideration of a Minor Use Permit Modification was filed by Richard Toohey to allow an expansion of an outdoor sales bazaar for retail sales of arts and handicrafts, antiques, and other retail sales at 1244 No. Highway 101 along with off-site parking and a 10 foot monument sign at 1302 No. Highway 101 in Leucadia, described as: Lots 1, 2, 7, and 9 inclusive in block 1 South Coast Park Unit No. 4, in the County of San Diego, State of California, according to Map thereof No. 2049, filed in the Office of the County Recorder of San Diego County July 26, 1927; and . WHEREAS, a public hearing was conducted on the application on June 4, 1992 by the Leucadia Community Advisory Board; and WHEREAS, the Community Advisory Board considered, without limitation: 1. The staff report dated May 27, 1992 with attachments: the application, supplement, Department comments, letter of authorization, site plan, and sign plan dated received 5-1-92, and photos submitted by the applicant, 2. Oral evidence submitted at the hearing; 3. written evidence submitted at the hearing; and WHEREAS, the Community Advisory Board made the following findings pursuant to Chapter 30.74 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") . CD/**/CRO11-929wp51 (6/11/92-1) . NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the city of Encinitas that application 92- 066 MIN/MOD is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that: This project is categorically exempt from environmental review under Section 15303 (c) of the California Environmental Quality Act (CEQA). PASSED AND ADOPTED this 4th day of June, 1992, by the following vote, to wit: AYES: Allen, Buck, Cameron, Eldon, Fahlberg NAYS: None ABSENT: None ABSTAIN: None . ~~~ '"fi. ~ Melissa Allen, Chairperson of the Leucadia Community Advisory Board ATTEST: L' L ¡/2 UULj) AJR Diane L gager Assistant Planner . CD/**/CROll-929wp51 (6/11/92-1) . Attachment nAil Resolution No. L 92-066 MIN/MOD Findings For a Use Permit Chapter 30.74.070 of the Encinitas Municipal Code (Case No. 92-066 MIN/MOD) The following findings must be made by the authorized agency to warrant approval of the Minor Use Permit in accordance with Section 30.74.070 of the Municipal Code: 1. The location, size, design or operating characteristics of the proposed project will be compatible with or will not adversely affect or 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; or . Facts: The proposal is to utilize a vacant lot for the purpose of 20 off-site parking spaces to accommodate a 1,050 sq.ft. expansion of an already approved outdoor sales bazaar operated on weekends and City-recognized holidays (Case No. 91-173 MIN) , and to allow a 10 foot high freestanding sign on the off-site parking lot to exceed the standard 8 foot height limit. Discussion: The level, vacant lot is quite suitable for a weekend parking lot. The surface of the lot is grass atop a gravel base. There is a six foot chainlink fence surrounding the property, and a gate on the south side provides access from Jason Street. The lot will be closed during the week. It is evident that the existing 10 foot high, 72 square foot, freestanding monument sign falls within the size limit set forth in Sections 30.60.100C.1-3 of the Municipal Code since the lot has 100 feet of frontage on Highway 101. Further, the sign does not block any views. In fact, the portion of the sign extending above eight feet is pitched, thereby minimizing any potential impacts. Conclusion: Therefore, the project would not tend to cause the surrounding neighQorhood to depreciate materially in appearance or value since the proposed expansion of the . CD/**/CRO11-929wp51 (6/11/92-1) . Leucadia Bazaar is compatible with surrounding art/antique businesses. Additionally, the outdoor nature of a bazaar is appropriate since other outdoor uses are found along the Highway 101 corridor and are an integral part of the casual character of the beach community. The off-site parking will improve the operation since there will be ample parking for both customers and vendors. The proposed sign is of quality material and subtle colors so that it is compatible with the neighborhood. Additionally, the sign does not block any views. No harmful effects upon the environmental quality or natural resources of the City can be identified as a result of this proposal. The Leucadia Bazaar is proposed to operate on weekends and holidays during daylight hours only, therefore no utilities are necessary to operate the bazaar. Sanitation facilities are provided by the adjacent Consignment Shop, and the applicant intends to provide two portable toilets on site which require Health Department approval. 2. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; or 3. The project complies with other regulations, conditions or policies imposed by the Encinitas Municipal Code. Facts: The proposal is to utilize a vacant lot for the . purpose of 20 off-site parking spaces to accommodate a 1,050 sq.ft. expansion of an already approved outdoor sales bazaar operated on weekends and City-recognized holidays (Case No. 91-173 MIN), and to allow a 10 foot high freestanding sign on the off-site parking lot to exceed the standard 8 foot height limit. Discussion: The applicant has obtained 9 additional parking spaces beyond the minimum required by code. with approval of the Minor Use Permit the sign is in conformance with design standards for non-residential freestanding signs. Conclusion: The project is in compliance with the policies of the General Plan and the provisions of the Encinitas Municipal Code. The site is located within the North 101 Corridor Specific Plan Area; however, the specific plan has not been adopted at this time. . CD/**/CROll-929wp51 (6/11/92-1) . RESOLUTION NO. L 92-05 ATTACHMENT "B" Applicant: Toohey Case No.: 92-066 MIN/MOD Subject: Request to modify a previously approved Minor Use Permit (No. 91-173 MIN) to allow: 1. 20 additional off-site parking spaces on an existing vacant lot located at 1302 No. Highway 101. 2. 1,050 square feet of additional booth area (for a total of 3,000 sq. ft.) for the open- air weekend sales bazaar located at 1244-1246 No. Highway 101. 3. A 10' monument sign identifying the vacant lot at 1302 No. Highway 101 as the parking area for the weekend bazaar. The applicant is proposing to exceed the standard 8' height limit by 2'. . Location: 1244, 1246, and 1302 No. Highway 101 1. SPECIFIC CONDITIONS A. All operation approvals through this permit shall be conducted within property boundaries, outside of the public right-of-way, at all times. B. All operation of the Consignment Shop located at 1246 Highway 101 shall be conducted indoors; display of merchandise shall not be permitted outdoors on the sidewalk or within the public right-of-way. C. Hours of Operation for the approved outdoor sales bazaar shall be 10:00 a.m. to 5:00 p.m. on Saturdays, Sundays, and City recognized holidays. D. The applicant shall install portable toilet facilities on site in accordance with San Diego County Health Department Regulations. . CD/**/CRO11-929wp51 (6/11/92-1) . E. The applicant shall execute and record a covenant on all three properties regarding shared use of parking. F. The applicant shall ensure that the grass on the off-site parking lot is maintained in a healthy condition as a dust control measure to the satisfaction of the Community Development Director. G. The applicant shall modify the monument sign located at 1302 N. Highway 101 to achieve greater consistency in terms of color and letter style with existing freestanding sign for the Outdoor Sales Bazaar located at 1244 N. Highway 101. A detailed sign plan shall be submitted to the Community Development Department for review and approval prior to issuance of the required sign permit and any required building permit. 11. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on June 4, 1994 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. In the event that any of the conditions of this permit are not satisfied, the 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. E. 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. F. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature . CD/**/CROll-929wp51 (6/11/92-1) . to the activity authorized by this permit. Nothing in this permit shall authorize the G. applicant to intensify the authorized activity beyond that which is specifically described in this permit. H. 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. 1. 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. J. Permits from other agencies will be required as follows: a. Coastal Commission K. Project is approved as submitted/modified as evidenced by the plot plan dated received by the . City of Encinitas on 5-1-92, and signed by a City Official as approved by the Leucadia Community Advisory Board on June 4, 1992, and shall not be altered without Planning and Community Development Department review and approval. L. The applicant shall execute and record a covenant to the satisfaction of the Community Development Department setting forth the forms and conditions of this approval prior to permit issuance. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. For a new commercial or industrial development, or addition to an existing development, 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: . CD/**/CROll-929wp51 (6/11/92-1) . a. Building permit issuance. B. 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: 3. FIRE A. Prior to permit issuance, the applicant shall submit 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 District. B. At no time is parking permitted in the alley. 4. STREET CONDITIONS A. Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. . 5. UTILITIES A. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. B. The developer shall be responsible for coordination wi th S. D. G. & E., Pacific Telephone, and Cable TV authorities. . CD/**/CROll-929wp51 (6/11/92-1)