1988-29
.
RESOLUTION NO. OE-29
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
. APPROVING A MINOR USE PERMIT FOR WEEKEND OPERATION OF
AN OUTDOOR MARKETPLACE LOCATED ON A PRESENTLY
VACANT LOT ON THE EAST SIDE OF FIRST STREET
BETWEEN ENCINITAS BOULEVARD AND "D" STREET
WHEREAS, a request for a minor use pernd t to enable
operation of an outdoor marketplace on a presently vacant site
was filed by Laurie Michaels and Steven Olson for the property
located on the east side of First Street between Encinitas
Boulevard and "D" Street, legally described as;
Lot 12, excepting the southerly 15 feet, and all of Lots 13,
14, and 15, in Block 58, in the city of Encinitas, County of
San Diego, State of California, according to Map thereof #148,
filed in the office of the County Recorder of said San Diego
County, June 12, 1883; and
WHEREAS, a public hearing was conducted on the application
on April 21, 1988; and
. WHEREAS, the Community Advisory Board considered:
1. The staff reports dated March 16 and April 14, 1988;
2. The revised plans submitted by the applicant,
3. Oral testimony submitted at the hearing,
4. Written testimony submitted at the hearing; and
WHEREAS, the Board members found that:
1. The location, size, design or operating
characteristics of the proposed project will be
compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residences,
buildings, structures or natural resources, with
consideration given to, but not limited to:
(a) The inadequacy of public facilities, services
and utilities to serve the proposed project;
(b) The unsuitability 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
2. The impacts of the proposed project will not
adversely affect the policies of the Encinitas
General Plan or the provisions of this Code; or
. TC/O4/CRO2-36wp (4-25-88-1)
-
3. The project complies with any other regulations,
conditions or policies imposed by the Municipal Code;
and
. WHEREAS, The Board members also found the proposed
freestanding sign to be consistent with the applicable design
criteria.
NOW THEREFORE, BE IT RESOLVED that Minor Use Permit and
Design Review Application 88-016 MIN/DR is hereby approved
subject to the following conditions:
1. Prior to permit issuance, the Developer shall
provide evidence of a Coastal Development Permit or
Notice of Exemption from the California Coastal
Commission satisfactory to the Community Development
Department.
2. At all times during the effective period of this
permit, the applicant shall obtain and maintain in
valid force and effect, a permit from the
Environmental Health Department for any on-site
. sanitary facilities, unless it can be demonstrated to
the satisfaction of the Community Development
Department that such facilities are not required
pursuant to Health Department policy.
3. This approval will expire on April 21st, 1990, two
years after the approval of this project unless the
conditions have been met or an extension has been
approved by the Authorized Agency.
4. In the event that any of the conditions of this
permit are not satisfied, the Planning Department
shall cause a noticed hearing to be sent before the
authorized agency to determine why the City of
Encinitas should not revoke this permit;
5. 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;
6. The approved freestanding project sign shall be
maintained in a sound condition and maintain a high
quality of appearance throughout the tenure of use.
. TC/04/CRO2-36wp (4-25-88-1)
#'
PASSED AND ADOPTED this 21st day of April, 1987, by the
. following vote, to wit:
Ayes: Tobias, Rollman, Kauflin, Couglar
Nays: None
Absent: None
Abstaining: Hano 71 -"
./ .~
Har~ ~r, ~an of the
Old Encinitas Community Advisory Board
ATTEST:
r;:::::- ~
Tom Curriden
Assistant Planner
.
. TC/O4/CRO2-36wp (4-25-88-1)
.