1992-17
RESOLUTION NO. OE92-17
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD OP THE CITY OF ENCINITAS
APPROVING A MINOR USE PERMIT REQUEST
FOR THE CONSTRUCTION OF GREENHOUSES
FOR PROPERTY LOCATED AT 710 REQUEZA STREET
(CASE NO. 92-119 MIN)
WHEREAS, Tayama Greenhouse, Inc. applied for a Minor Use
Permit per section 30.74 (Use Permits) and section 30.48.040E
(Accessory Uses) of the Municipal Code of the City of Encinitas;
and,
WHEREAS, the property is located at 710 Requeza Street and
legally described as:
SEE ATTAClDŒNT "A"
WHEREAS, a Public Hearing was conducted on the application
request by the Old Encinitas Community Advisory Board on August 20,
1992; and,
WHEREAS, the Old Encinitas Community Advisory Board considered
without limitation:
1. The staff report dated August ll, 1992;
2. The adopted General Plan, zoning Code, and associated
Land Use Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Documentation included in the application for the Minor
Use request including a Statement of Justification. In
addition, the application includes one page of plans
showing the site plan for the property, floor plans and
elevation plans dated received by the city on July 1,
1992; and,
WHEREAS, the Old Encinitas Community Advisory Board made the
required findings pursuant to Chapter 30.74 (Use Permits).
(SEE ATTACHMENT "B")
NOW, THEREFORE, BE IT RESOLVED by the Old Encini tas Community
Advisory Board of the City of Encinitas that application 92-l19 MIN
is hereby approved subject to the following conditions:
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1. This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
2. The approved Greenhouses shall conform to the plans submitted
to the City and dated received on July 1,1992; and shall not
be modified without prior City approval.
3. Prior to occupancy of the approved Greenhouses, the property
owner shall cause to be recorded a covenant regarding real
property which sets forth this grant of approval. The
covenant shall be in form and content satisfactory to the
Director of Community Development.
4. This Minor Use Permit approval shall be valid for two years
after the Board's adoption of this Resolution (to August 20,
1994). A building permit and any other permit required for
the construction of the Greenhouses shall be obtained within
the two. year period. If the construction of the Greenhouses
has not started within the time period specified in the
Uniform Building Code, and is not diligently pursued
thereafter, the Use Permit shall be deemed null and void. A
final occupancy inspection signoff by the Building Official
shall cause this Minor Use Permit to be vested.
5. Fire Prevention:
(a) Prior to finalization of the building permit, the
applicant shall verify to the Planning Department that
all development impact, plan check and/or cost recovery
fees have been paid or secured to the satisfaction of the
Fire District.
6. City Engineer:
(a) A drainage system capable of handling and disposing of
all surface water originating within the project and all
surface waters that may flow onto the proj ect from
adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by
the City Engineer to properly handle the drainage.
(b) Concentrated flows across driveways and/or side walks
shall not be permitted.
(c) An Irrevocable Offer of Dedication (I.O.D.) shall
be made for 28 feet along Requeza adjacent to the
property for public right-of-way purposes.
(d) Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
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an assessment district to fund the installation of right-
of-way improvements.
(e) The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
(f) The developer shall be responsible for coordination with
S.D.G.&E., Pacific Telephone and Cable TV authorities.
(g) All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
(h) The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
(i) Vehicles may not back out into a travel way, therefore,
the 6 parking spaces shown along Requeza will not be
permitted. These parking spaces are to be relocated to
the satisfaction of the Community Development Department.
7. The greenhouses are to be compatible in color with the
existing greenhouses on the property.
8. Existing piles of debris, trash, clipping and miscellaneous
junk must be removed from the property within 30 days of the
date of this approval.
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
per section 15303 (e) of CEQA;
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PASSED AND ADOPTED this 2 oth day of August, 1992, by the
following vote, to wit:
AYES: Birnbaum, Steyaert, Lewis
NAYS: None
ABSENT: cartwright
ABSTAIN: None
Œ1: \~~
Virginia Cartwright, Chairperson of
the Old Encinitas Community Advisory
Board City of Encinitas
ATTEST:
~ -~ ,:::::;?'
/' --- 'Co- - e:= ---
Tom Curriden, Associate Planner
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ATTACHKENT "B"
RESOLUTION NO. OE92-17
CASE NO.: 92-119 MIN
Minor Use Permit (30.74.070) Findings:
A. The location, size, design or operating characteristics of the
proposed project will be compatible with and will not
adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consid~ration given to, but not limited to:
1. The adequacy of public facilities, services and utilities
to serve the proposed project;
2. The suitability of the site for the type and intensity of
use or development which is proposed; and
3. The harmful effect, if any, upon environmental quality
and natural resources of the city;
Faots: The approved project conforms in all aspects with the
development standards of the R-3 Zoning District and all
public utilities and facilities necessary to conduct the
greenhouse use currently exist for the site.
Disoussion: The appl ication for Minor Use Permit approval
proposes additional greenhouses for an existing flower
operation. No evidence has been submitted to indicate that
the greenhouses are materially detrimental to any adj acent
uses or residents as the property currently contains existing
greenhouses and there are greenhouses on adjacent properties.
Conclusion: The Old Encinitas community Advisory Board finds
that the construction of the greenhouses poses no adverse
impacts to the existing residential neighborhood within which
the project is located.
B. The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of the Municipal Code;
Faots: No evidence has been submitted to indicate that any
policies of the General Plan would be adversely affected by
the construction of the proposed greenhouses.
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Discussion: The approval of the Greenhouses are permitted by
section 30.48.040 of the Zoning Ordinance with an approval of
a minor use permit since the square footage of the greenhouses
exceed 450 square feet. All other development standards of
the R-3 Zoning District are satisfied by the project design.
Conclusion: The Old Encinitas Community Advisory Board finds,
therefore, that the project will not adversely affect the
policies of the Encinitas General Plan or the provisions of
the Municipal Code.
c. The project complies with all other regulations, conditions or
policies imposed by the Municipal Code.
Facts: The Municipal (Zoning) Ordinance allows for
greenhouses and horticultural production in the R-3 zone. The
horticul tural business has been in operation since 1961.
Greenhouses in excess of 450 square feet are permitted with
the issuance of a minor use permit.
Discussion: The project conforms in all other aspects with
the Development Standards of the R-3 Zoning District such as
height and setbacks.
Conclusion: The Old Encinitas Board finds, therefore, that
all regulations, conditions and policies of the City's
Municipal Code are adhered to.
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