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1992-19 RESOLUTION NO. OE92-19 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR A HORTICULTURAL SERVICE BUSINESS WHICH INCLUDES THE TEMPORARY OUTDOOR STORAGE, MAINTENANCE AND SALE OF TREES FROM A PRIVATE TREE dOLLECTION ON AN EXISTING VACANT COMMERCIAL LOT IN TH~ GC ZONE FOR PROPERTY LOCATED AT 310 MARCHETA STREET (CASE NUMBER 92-117 MIN) WHEREAS, a request for consideration of a Minor Use Permit was filed by Mr. Frank Virden for a horticultural service business which includes the temporary storage, maintenance and occasional sale of trees from a private palm tree collection on an existing vacant lot in the GC zone per Chapter 30.74 of the City of Encinitas Municipal Code, for the property located at 310 Marcheta Street, legally described as: Lots 8 and 9 in Block Q of Seaside Gardens, according to Map thereof No. 1800, filed in the Office of the County Recorder of San Diego County. WHEREAS, a public hearing was conducted on the application on August 20, 1992: WHEREAS, tqe Community Advisory Board considered: 1. The staff report dated August 12, 1992: 2. The application, Statement of Justification and site plan submitted by the applicant on June 29, 1992: 3. Letter from Mr. Frank Virden regarding the project and retaining wall constructed on the property dated June 2,1992: 4. Oral evidence submitted at the hearing: 5. written evidence submitted at the hearing: and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.74 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the city of Encinitas that application 92-117 MIN is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") C:\MATT\92117MIN.SR (8-12-92) 6 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 under section 15301 of the State CEQA Guidelines. PASSED AND ADOPTED this 20th day of August 1992, by the following vote, to wit: AYES: Birnbaum, Steyaert, Lewis NAYS: None ABSENT: Cartwright ABSTAIN: None (k V' ~~'ht 1rg1n1a ar wr1g , Chairperson of the Old Encinitas Community Advisory Board ATTEST: -- ---- ~ ~~ Tom Curriden Associate Planner C:\MATT\92117MIN.SR (8-12-92) 7 ATTACHKENT "A" Resolution No. OE92-19 Case No. 92-117 MIN Applicant: Frank virden Findings for a Minor Use Permit: The following findings must be made by the authorized agency to warrant approval of the Minor Use Permit in accordance with section 30.74.070 of the Municipal Code: 1. In reference to the Municipal Code section 30.74.070 Bl, the location, size, design or operating characteristics of the proposed project will not be incompatible with and will not adversely affect and 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: Facts: The proposal is for a Horticultural Service business which includes the temporary outdoor storage, maintenance and occasional sale of trees from a private palm tree collection on an existing vacant commercial lot located at the north side of Marcheta Street between N. Highway 101 and Melrose Avenue in the General Commercial zone. No improvements are proposed for the lot with the exception of a 5 ft high retaining wall which was constructed in the Spring of 1992. No company representatives or security personnel will be regularly on the site. Security is maintained by a 5 ft high chain-link fence. All public improvements are in place with the exception of street trees along Marcheta and Melrose and no improvements are proposed. Discussion: The proposal is primarily for the temporary storage of palm trees and no traffic, visual, noise or other environmental impacts from the project can be identified. All public facilities and services are existing with the exception of street trees along Marcheta and Melrose and no. improvements are proposed. Conclusion: Therefore, the Board finds that the storage, maintenance and occasional sale of palm trees is compatible C:\MATT\92117MIN.SR (8-12-92) 8 with the surrounding residential and commercial properties since no significant impacts can be identified. 2. In reference to the Municipal Code section 30.74.070 B2, the impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of this Code. Facts: The proposal is for a Horticultural Service business which includes the temporary outdoor storage, maintenance and occasional sale of trees from a private palm tree collection on an existing vacant commercial lot located at the north side of Marcheta Street between N. Highway 101 and Melrose Avenue in the General Commercial zone. The applicant has stated that the use is temporary and will be discontinued once the permanent site is available, possibly by early 1993. Discussion: The Municipal Code and the policies of the General Plan explicitly provide for horticultural services in the General Commercial zone with the issuance of a Minor Use Permit. Since this proposal intended to be a temporary use, a condition in this Resolution requires that the CAB or staff review this application in 2 years to evaluate further use of this site for this purpose. Conclusions: Therefore, the Board finds that with the provision that this project be reviewed in 2 years to evaluate further use of this property, this project will comply with the Municipal Code and the policies of the General Plan. 3. In reference to the Municipal Code section 30.74.070 B3, the project complies with all other regulations, conditions or policies imposed by this Code. Facts: The proposal is for a Horticultural Service business which includes the temporary outdoor storage, maintenance and occasional sale of trees from a private palm tree collection on an existing vacant commercial lot located at the north side of Marcheta Street between N. Highway 101 and Melrose Avenue in the General Commercial zone. Discussion: The project will be in conformance with all other regulations, conditions or policies of this Code once the applicant obtains a Building Permit for the retaining wall, removes the palm trees from the Seaside Bazaar property, and meets all other conditions contained in the resolution. Conclusions: Therefore, the Board finds that once all of the conditions in the resolution are met, the project will be in compliance will all other regulations, conditions or policies of this Code. C:\MATT\92117MIN.SR (8-12-92) 9 ATTACHKENT "B" Resolution No. OE92-19 Case No. 92-117 MIN Applicant: Frank virden Conditions: A. Buildina Deoartment 1. Proposed structure is considered a B-2 retail building and must comply with requirements of UBC and Title 24 (Disabled access). Building plans and specifications must be submitted to Building Division for plan check and approval for proposed structure. The retaining wall will require a Building permit also. B. Fire Deoartment 1. Prior to building permit issuance, applicant shall submit a statement from the Fire District to the community Development Department indicating that all development impact, plan check and/or cost recovery fees have been paid. C. Enaineerina 1. Developer shall execute and record a covenant with the County recorder agreeing not to oppose the formation of an assessment district to fund the installations of right-of-way improvements. D. Community Develooment I. SPECIFIC CONDITIONS 1. This approval must be reviewed by the authorized agency in two years, prior to August 20, 1994 to evaluate whether the horticultural services use shall continue as proposed or be discontinued. 2. The applicant shall obtain a Building Permit for the retaining wall within 30 days of the date of approval, by September 19, 1992 unless granted an extension from the Community Development Department. 3. The illegally placed palm trees located at Seaside Bazaar in the 400 Block of First Street shall be removed within 30 days of the date of approval, prior to September 19, 1992. 4. Should the applicant choose not to comply with the requirement that a Building Permit be obtained for the existing storage building, it shall be removed from the C:\MATT\92117MIN.SR (8-12-92) 10 property with 30 days of the date of approval, prior to September 19, 1992. 5. Prior to Building Permit issuance, the applicant shall sign a covenant which records the conditions of this permit. 6. The appl icant shall either agree to show the trees by appointment only to one customer at a time, or provide a minimum of 2 more on-site parking spaces (total 4). II. STANDARD CONDITIONS GENERAL CONDITIONS 1. This approval will expire in two years, on August 20, 1994 at 5:00 p.m. unless an extension has been approved by the Authorized Agency. 2. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. 3. 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. 4. Permits from other agencies will be required as follows: State Coastal Commission 5. Project is approved as submitted/modified as evidenced by the site plan, dated received by the City of Encinitas on July 29,1992, and signed by a city Official as approved by the Old Encinitas community Advisory Board on August 20, 1992, and shall not be altered without Community Development Department review and approval. 6. A proponent or protestant of record may appeal a final decision of the hearing body by filing the appeal within fifteen (15) calendar days of the hearing body's decision pursuant to Chapter 1.12 of the Encinitas Municipal Code. SITE DEVELOPMENT 7. The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, Fire Mi tigation Fees, and Park Fees. Arrangements to pay these C:\MATT\92117MIN.SR (8-12-92) 11 fees shall be paid prior to Building Permit issuance or as deemed necessary by the appropriate agency. C:\MATT\92117MIN.SR (8-12-92) 12