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")
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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
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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.
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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
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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
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fees shall be paid prior to Building Permit issuance or as
deemed necessary by the appropriate agency.
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