1992-01
. RESOLUTION NO. L 92-01
A RESOLUTION OF THE LEUCADIA COMMUNITY
ADVISORY BOARD APPROVING A KINOR USE
PERMIT TO ALLOW AN OUTDOOR SALES BAZAAR WITH
SHARED PARKING AT THE ADJACENT SITE TO THE NORTH
LOCATED AT 1244/1246 NO. HIGHWAY 101 IN LEUCADIA
(CASE NUKBER 91-173 KIN)
WHEREAS, a request for a consideration of a Minor Use
Permit was filed by Richard Toohey to allow operation of an
outdoor sales bazaar for retail sales of arts and handicrafts,
antiques, and other retail sales along with shared parking at
the adjacent site to the north, for the property located at
1244/1246 No. Highway 101 in Leucadia, more practically
described as:
Lots 7-9 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 January 9, 1992 and February 6, 1992 by the
Leucadia Community Advisory Board; and
WHEREAS, the Community Advisory Board considered,
without limitation:
1. The staff reports dated December 30, 1991 and January 31,
1992 with attachments: the application, supplement,
Department comments, letter of authorization, site plan,
landscape plan, and sign plan dated received 12-13-91 and
revised plans dated 1-28-92, 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 30.76 of the
Encinitas Municipal Code:
(SEE ATTACHMENT" A")
. CD/03/CRO10-884wp51 (2-21-92-1) CASE NUMBER 91-173 MIN
Page 1 of 8
.
. NOW, THEREFORE, BE IT RESOLVED by the Leucadia
Community Advisory Board of the City of Encinitas that
application 91-173 MIN 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 6th day of February, 1992,
by the following vote, to wit:
AYES: Allen, Buck, Cameron, Eldon, Fahlberg
NAYS: None
ABSENT: None
ABSTAIN: None
. '-j1lW {~- ~h,
Q lJ¿~,~
Melissa Allen, Acting Chair-
person of the Leucadia
Community Advisory Board
ATTEST:
;) / 1'. ( - ,.)
~ /4(-I.i ß'/l{Z(l,¿' L/ / /'r"¡.."
Diane Langager
Assistant Planner
. CD/03/CRO10-884wp51 (2-21-92-1) CASE NUMBER 91-173 MIN
Page 2 of 8
Attachment "A"
. Resolution No. L 92-01
Findings For a Use Permit
Chapter 30.74.070 of the Encinitas Municipal Code
(Case No. 91-173 MIN)
What follows is a discussion of the proposal as it relates to
findings the Board must make to warrant approval contained in
section 30.74.070 (B) of the Zoning Ordinance:
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
Evidence to Consider: The project would not tend to cause the
surrounding neighborhood to depreciate materially in
appearance or value. The applicant has already improved the
overall appearance of the lot by planting a grass lawn and
additional landscaping is proposed at the front of the lot.
The proposed use is compatible with surrounding art/antique
businesses, and the outdoor nature of a bazaar is appropriate
along the pedestrian oriented, visitor-serving Highway 101
corridor. Pursuant to Section 30.60.100C of the Zoning Code,
"A freestanding sign shall not exceed a height of eight
feet. Height increases of 4 feet to a maximum sign
height of 12 feet may be permitted with a Minor Use
Permit provided views are not blocked."
Upon conducting a site inspection, it was evident that a 16
square foot, ten foot high freestanding sign will not block
any V1ews.
Evidence to Consider: The Consignment Bazaar is proposed to
operate on weekends and holidays during daylight hours only.
Therefore, no utilities are necessary to operate the bazaar.
. CD/03/CRO10-884wp51 (2-21-92-1) CASE NUMBER 91-173 MIN
Page 3 of 8
. sanitation facilities are provided by the adjacent Consignment
Shop, and the applicant intends to provide two portable
toilets on site.
Evidence to Consider: The level, vacant lot is quite suitable
for an outdoor sales bazaar, and no permanent structures are
proposed in conjunction with this application.
Evidence to Consider: No harmful effects upon the
environmental quality or natural resources of the City can be
identified as a result of this proposal.
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.
Evidence to Consider: 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/03/CRO10-884wp51 (2-21-92-1) CASE NUMBER 91-173 MIN
Page 4 of 8
RESOLUTION NO. L 92-01
. ATTACHMENT "B"
Applicant: Toohey
Case No.: 91-173 MIN
Subject: Outdoor Sales Bazaar with Shared Parking at the
Adjacent site to the North
Location: 1244/1246 No. Highway 101
I. SPECIFIC CONDITIONS
A. All operations approval through this permit shall be
conducted within property boundaries, outside of the
public right-of-way, at all times.
B. 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.
C. The applicant shall install portable toilet facilities on
. site in accordance with San Diego County Health
Department Regulations.
D. The applicant shall execute and record a covenant on both
'properties regarding shared use of parking.
E. The applicant shall provide notification of the proposed
operation to the residents of the structures which front
on the alley to the west between Jason Street and Phoebe
Street prior to the start of operation. The notice is to
contain the project description, the start date, hours of
operation, and a warning that there will be parking and
increased traffic in the alley. The applicant shall
provide the Community Development Department with a copy
of the notice along with a list of the residents that are
notified.
II. STANDARD CONDITIONS
1. GENERAL CONDITIONS
A. This approval will expire in two years, on February
6, 1994, at 5:00 p.m. unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
. CD/03/CRO10-884wp51 (2-21-92-1) CASE NUMBER 91-173 MIN
Page 5 of 8
B. This approval may be appealed to the authorized
. agency within 15 calendar days from the date of
this approval.
C. At all times dur ing 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 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.
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
. to the activity authorized by this permit.
G. Nothing in this permit shall authorize the
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.
I. 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
. CD/03/CRO10-884wp51 (2-21-92-1) CASE NUMBER 91-173 MIN
Page 6 of 8
K. Project is approved as submitted/modified as
. evidenced by the plot plan dated received by the
City of Encinitas on December 13, 1991 and January
28, 1992, and signed by a City Official as approved
by the Leucadia Community Advisory Board on
February 6, 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 DEPARTKENT OF PLANNING AND COMMUNITY
DEVELOPKENT REGARDING COKPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPKENT
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:
Building permit issuance.
a.
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 COKPLIANCE 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.
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.
. CDj03/CRO10-884wp51 (2-21-92-1) CASE NUMBER 91-173 MIN
Page 7 of 8
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
with S.D.G. & E., Pacific Telephone, and Cable TV
authorities.
.
. CD/03/CRO10-884wp51 (2-21-92-1) CASE NUMBER 91-173 MIN
Page 8 of 8