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")
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. 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
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. 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
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. 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.
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. 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.
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. 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
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. 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:
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. 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.
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