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1988-46 RESOLUTION NO. OE-46 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS, APPROVING A DESIGN REVIEW PERMIT TO ALLOW PLACEMENT OF A 38 FT. BY 10 FT. SALES TRAILER AND SIGN ANNOUNCING HOME SALES LOCATED AT THE NORTHWEST CORNER OF MELBA AND GARDENA (CASE NUMBER 88-266 DR) WHEREAS, a request for consideration of a Design Review Permit was filed by Pearson Planning to allow placement of a temporary sales office trailer and sign announcing home sales as per Chapter 6116 of the City of Encinitas Zoning Codes, for the property located at the northwest corner of Melba and Gardena, legally described as; All that portion of the Northwest quarter of the Southeast quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Southwest corner of the Northwest Quarter of the Southeast Quarter of said Section 15; thence East along the South line thereof 183.13 feet to the TRUE POINT OF BEGINNING; thence continuing East along said South line 497.87 feet; thence North 319.8 feet; thence West on a line parallel with the South line 497.87 feet to the Northwest corner of the land described in deed to Charles F. White, Jr. et ux, recorded February 20, 1961 as Document No. 30450 of Official Records; thence South 319.8 feet to the TRUE POINT OF BEGINNING, and WHEREAS, a public hearing was conducted on the application on August 18, 1988; and WHEREAS, the Community Advisory Board considered: 1. The staff report dated August 12, 1988; 2. The application, plans, and photographs submitted by the applicant; TC/04/CRO3-122WP (8-24-88) 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 6116 of the Zoning Ordinance: SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that Design Review Application 88-266 DR 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 15311. PASSED AND ADOPTED this 18th day of August, 1988, by the following vote, to wit: AYES: Kauflin, Hano, Couglar, Tobias NAYS: None ABSENT: None ABSTAIN: None H!~a~ of the Old Encinitas Community Advisory Board ATTEST: ----- . // ~~ --- ./ ------ L- /~ Assistant Planner TCj04jCRO3-122WP (8-24-88) ATTACHMENT "A" RESOLUTION OE-45 1. Required finding pursuant to Zoning Ordinance Chapter 6116 (b): No use authorized by this section will be located, installed or operated in a manner that will have an unnecessarily adverse effect on the use and enjoyment of any property on which an occupied dwelling is located, or may be located during the duration of such authorized use. Evidence to Consider: The trailer and sign will be located outside of the improved widths of Melba and Gardena, thus not interfering with present vehicular and pedestrian movements thereon. No other adverse impacts to nearby residential dwellings will result. 2. Proposed sales sign: The Board finds that the proposed sign is in conformance with the applicable design criteria of Chapter 23.08 of the Zoning Ordinance in that it states its message clearly and is of an appropriate size and location. TC/04/CRO3-122WP (8-24-88) CASE NO. 88-266 DR STANDARD CONDITIONS OF APPROVAL Subject: Design Review Permit for sales office trailer and sign Applicant: Pearson Planning Location: Northwest corner of Melba and Gardena Case No.: 88-266 DR CITY OF ENCINITAS 1. GENERAL CONDITIONS A. This approval will expire on August 18, 1990, after the approval of this project 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 10 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 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; E. 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; F. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit; and G. 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. H. Permits from other agencies will be required as follows: TCj04jCRO3-122WP (8-24-88) CASE NO. 88-266 DR California Coastal Commission 1. Project is approved as submitted and shall not be altered without Old Encinitas Community Advisory Board review and approval. J. Trailer and sign locations may be subject to minor modification if such adjustments are deemed appropriate by the Community Development or Public Works Departments due to sight distance considerations. TCj04jCRO3-122WP (8-24-88)