1988-35
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RESOLUTION NO. OE-35
8 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING
A MINOR USE PERMIT TO ALLOW
OPERATION OF A MACHINE SHOP IN THE C-36 ZONE AND DESIGN
REVIEW FOR A PROPOSED WALL SIGN, LOCATED AT 763 SECOND STREET
(CASE NUMBER 88-140 MIN)
WHEREAS, a request for consideration of a Minor Use Permit
and Sign Permit was filed by Alan Dorfman for Garth Wilson to
allow operation of a machine shop in the C-36 zone as per
Ordinance 87-80 of the City of Encinitas Municipal Codes, for
the property located at 763 Second Street, legally described
as;
Lot 12 in Block 7 of Encinitas, in the County of San
Diego, State of California according to the Map thereof
No. 148 filed in the Office of the County Recorder of San
Diego County, June 12th, 1883; and
8 WHEREAS, a public hearing was conducted on the application on
June 9, 1988; and
WHEREAS, the Community Advisory Board/Planning Commission
considered:
1. The staff reports dated June 2, 1988;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
8 PM/02/CRO3-75WP 1(6-16-88-1)
WHEREAS, the Old Encinitas Community Advisory Board made
the following findings pursuant to the Encinitas Zoning
8 Ordinance:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas
Community Advisory Board of the City of Encinitas that the
Minor Use Permit 88-140 MIN is hereby approved subject to the
following conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that:
This project was found to be exempt from
environmental review, Section 15305.
PASSED AND ADOPTED this 9th day of June, 1988, by the
following vote, to wit:
8 AYES: Kauflin, Couglar, Hano, Rollman
NAYS: None
ABSENT: Tobias
ABSTAIN: None Ha2(~ar ,~in
of the Old Encinitas
Community Advisory Board
ATTEST:
.~ .
~;~
Tom Curriden
Assistant Planner
8 PM/02/CRO3-75WP 2(6-16-88-1)
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ATTACHMENT nAn
OLD ENCINITAS COMMUNITY ADVISORY BOARD
8 RESOLUTION NO. OE-35
Findings for a Use Permit
(Section 30.74.070, of Municipal Code)
1. The location, size, design or operating characteristics of
the proposed project incompatible with or 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
Evidence to Consider:
The nature of the operation is such that parts to be
machined are delivered to the shop, processed, and then
returned to their point of origin. No long term storage
of parts takes place. The machines used in the shop are
8 light duty in nature, creating minimal noise impacts, that
the characteristics of the use may be considered to be
compatible with the surrounding uses.
All public facilities, services, and utilities are in
place to serve the project, and there is no evidence to
suggest that the intensity of the use is unsuitable for
the site.
No potentially significant adverse environmental impacts
associated with the project have been identified.
2. The impacts of the proposed project will adversely affect
the policies of the Encinitas General Plan or the
provisions of this Code; and
Evidence to Consider:
The proposed use can be allowed in C-36 zone under the
present General Plan. However, please refer to finding 4
of this resolution for discussion relative to the Draft
Encinitas General Plan presently under review by the City.
8 PM/02jCRO3-75WP 3(6-16-88-1)
3. The project fails to comply with any other regulations,
conditions or policies imposed by this Code.
8 Evidence to Consider:
inconsistencies have been identified with the
No
regulations or policies contained in the Encinitas ~
Municipal Code.
4. There is a reasonable probability that the land use and
design proposed will be consistent with the General Plan
proposal being considered or studied or which will be
studied within a reasonable time.
Evidence to Consider:
The operating characteristics of the proposed shop are
similar in nature to those of light automotive repair use.
While that use is not presently allowed for in the draft
land use matrix, the Community Advisory Board finds that
upon detailed review it is likely that it will be gi ven
the frequency and suitability of that use in the area.
5. There is little or no probability of substantial detriment
to or interference with the future adopted General Plan if
the proposed use or design is ultimately inconsistent with
the plan.
Evidence to Consider:
8 The frequency of automotive repair related uses along
Second Street also suggests that if the use is allowed,
there would be little or no probability of substantial
detriment to or interference with the ultimate General
Plan as called for under finding b.
6. The proposed wall sign is in substantial compliance with
the City's adopted design criteria relating to signs.
8 PM/O2/CRO3-75WP 4(6-16-88-1)
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ATTACHMENT "B"
1. Prior to final approval, the Developer shall provide
8 evidence of a Coastal Development Pernd t or Notice of
Exemption from the California Coastal Commission
satisfactory to the Community Development Department.
2. This approval will expire on June 9, 1990, after the
approval of this project unless the conditions have been
met or an extension has been approved by the Authorized
Agency.
3. 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;
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 set 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;
8 6. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similarly in nature to the
activity authorized by this permit;
7. Project is approved as submitted/modified and shall not be
altered without Old Encinitas Community Advisory Board
review and approval.
8. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit; and
9. 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.
10. 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.
8 PM/02/CRO3-75WP 5{6-16-88-1)
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