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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