1991-14
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RESOLU~ION NO. OL-91-014
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT FOR A TEMPORARY AGRICULTURAL ROADSIDE STAND OF
144 SQUARE FEET THAT MATCHES THE OLIVENHAIN TOWN HALL SHACK
AND MAXIMUM HEIGHT OF 12 FEET
FOR THE PURPOSES OF AGRICULTURE SALES FOR ONE YEAR
FOR PROPERTY LOCATED AT RANCHO SANTA FE ROAD
BETWEEN 10TH AND 11TH STREET (APN 265-354-05), ENCINITAS
(CASE NUMBER 91-098-MIN; MINOR USE PERMIT)
WHEREAS, Angel Nava applied for a Minor Use Permit to allow a
temporary Agricultural Roadside Stand of 144 square feet that
matches the Olivenhain Town Hall Shack and maximum height of 12
feet for the purpose of selling agricultural products for one year,
located at Rancho Santa Fe Road between 10th and 11th Street as
required by Residential Section 30.16.010,
zoning Code section
30.74 Minor Use Permits, Zoning Code Chapter 30.09,1, and section
30.48.040,Q Accessory Uses of the Municipal Code of the City of
Encinitas;
WHEREAS, a public hearing was conducted on the application by
the Olivenhain community Advisory Board on August 20, 1991, and
September 3,1991, and all persons desiring to be heard were heard;
and
WHEREAS,
evidence was submitted and considered to include
without limitation:
1.
site plan dated revised June 10, 1991;
2.
written information submitted with the application;
3.
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
JO/04/CMI8-2638wp513(10/3/91-3)
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4.
5.
CAB staff reports (91-089-MIN) dated August 15,1991, and
August 30, 1991, which are on file in the Department of
Planning and Community Development; and
Additional written documentation.
NOW THEREFORE,
BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas that the Minor Use Permit
is hereby approved subject to the following findings:
A.
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The land use and design proposed are consistent with the
General Plan since a structure of this nature is allowed
in residential zones and is consistent with similar uses
in the same zone and area.
'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:
B.
C.
D.
1.
The adequacy of public facilities, services and
utilities to serve the proposed project, since they
are available and are presently serving the
existing single family residences in the area; a
portable toilet facility will be provided on site;
and no electricity is requested at this time.
2.
The suitability of the site for the type and
intensity of use or development which is proposed,
since it is presently a rural residential zone and
is common for structures of this type to be used in
the rural residential zones for such uses as
agricultural roadside stands in Encinitas and the
North County area; and
3.
The harmful effect, if any, upon environmental
quality and natural resources of the City, since
the use is conditioned herein to mitigate any
negative effects of the proposed agriculture stand
as stated in the resolution; and
The operations are consistent with the Resource
Management Element of the General Plan, Goal 11 and
policies 11.8,11.11,11.13 and 11.15 which encourage the
continuance of agricultural activities within the City.
The project will comply with all other regulations,
conditions or policies imposed by this Code upon
completion.
JO/04/.CM18-2638wp514(10/3/91-3)
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BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following STANDARD conditions:
1.
2.
This approval will expire on September 3, 1992, unless a
continuation of the use is approved by the Authorized
Agency in one year.
3.
This approval may be appealed to the authorized agent
within 15 days form the date of this approval;
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.
At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes
or other lawful assessments relating to the property
which is the subject of this permit;
5.
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;
6.
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;
7.
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;
8.
Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit;
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,
JO/04/CMI8-2638wp515(10/3/91-3)
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11.
12.
and all other applicable codes and ordinances in effect
at the time of building permit issuance if applicable;
All Permits from other agencies will be required when
applicable; and
Project is approved as conditioned and shall not be
altered without authorized agency review and approval.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following ADDITIONAL conditions:
1.
The structure for an Agricultural Roadside Stand of a
total of 144 square feet that mataches the Olivenhain
Town Hall Shack and a maximum height of 12', located on
Rancho Santa Fe Road between 10th and 11th Street shall
be allowed limited to the private use of the applicant
and workers;
2.
The structure and site operation shall be set up as shown
on the site plan dated revised June 10, 1991, and on file
in the Department of Planning and Community Development
and shall not be modified without further approval.
3.
The site shall be kept clean and orderly by the applicant
at all times during the seasonal operation of the
agricultural stand.
4.
The applicant 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 Planning and community
Development.
5.
A business registration certificate shall be required.
6.
Prior to final development approval, the applicant shall
submit to the Planning Department a letter from the Fire
District stating that all development impact, plan check
and/or cost recovery fees have been paid or secured to
the satisfaction of the Fire District.
7.
site visits for periodic planning inspections to insure
compliance with the Minor Use Permit and all other city
regulations shall be allowed.
The applicant wili contact the City in a year's time
before the expiration date of September 3, 1992, to
schedule a re-review of the use permit by the Authorized
Agency to determine if the project should continue or be
revoked.
8.
JO/04/CMI8-2638wp516(10/3/91-3)
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9.
10.
11.
Hours of operation for the agricultural sales stand are
limited to the hours between 8 a.m. and dusk, seven days
a week and the sales stand may be staffed by a maximum
of two employees.
All light fixtures, if any, shall be designed and
adjusted to reflect light downward, away from any road or
street, and away from any adjoining premises to the
satisfaction of the City's Code Enforcement Officer.
No loudspeaker or sound amplification system shall be
used to produce sounds in violation of City noise
Standards.
12.
Sanitary facilities will be maintained and utilized on
the Fred Reva property adjacent to the site to the North.
PASSED AND ADOPTED this 3rd day of September,
following vote, to wit:
1991, by the
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Boardmembers DuVivier, Schafer, Van Slyke, Perkins
None
I~
Post
None
Charles Duvivier, Chairman of the
Olivenhain community
Advisory Board
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JO/04/CMI8-2638wp517(10/3/91-3)