1988-24
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RESOLUTION NO. C-88-024
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT FOR THE SALE OF HORTICULTURAL
AND FLORICULTURAL AND RELATED GARDENING ITEMS IN CONJUNCTION
WITH A GROWING NURSERY AT 1753 LAKE DRIVE, CARDIFF
(88-127-MIN)
1/
Cardiff Greenhouses
WHEREAS, applied for a Minor Use permit for
the
sale
of
horticultural
floricultural
related
and
and
gardening
items
in conjunction with a
growning nursery
as
required per section 6156, V of the
Municipal Code of the City
of Encinitas;
WHEREAS, a public hearing was conducted on the application
by the Cardiff-by-the-Sea community Advisory Board
on July 11,
1988, and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
site plan submitted by the applicant;
written information submitted with the application;
Oral testimony from staff, applicant, and public made
a part of the record at said public hearing;
CAB staff report (88-127-MIN) dated July 7, 1988,
which is on file in the Department of Planning and
Community Development; and
Additional written documentation.
b.
c.
d.
e.
NOW THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the city of Encinitas that the
Minor
Use permit is hereby approved subject to the following
findings:
1. There is a reasonable probability that the land use
and design proposed will be consistent with the general
plan proposal being considered or studied or which will be
LN/rm/CAB7-342 (11/20/87)
studied within a reasonable time since it is probable that
greenhouse uses will be allowed due to the existing number
of greenhouses in the area.
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2. There is little or no probability of substantial
detriment to or interference with the future adopted
general plan if the proposed use or design is ultimately
inconsistent with the plan, since the existing greenhouses
have been in the area for a considerable length of time
and the General Plan is not proposing to encourage the
removal of the greenhouses from this particular area.
3. 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 since they
are available;
(b)
The suitability of the site for the type and
intensity of use or development which is proposed,
since it is presently an agricultural zone; and
(c)
The harmful effect, if any, upon environmental
quality and natural resources of the City, since the
use is monitored by standards setforth for greenhouse
uses; or
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4. The impacts of the proposed project will not adversely
affect the policies of the existing Encinitas General Plan
or the provisions of this Code, since it is located in the
A-72 zone; and
5. The project complies with all other
conditions or policies imposed by this Code.
regulations,
6. This approval will expire on July 11, 1990, after the
approval of this project unless the conditions have been
met or an extension has been approved by the Authorized
Agency.
7. This approval may be appealed to the authorized agent
within 10 days from the date of this approval.
8. 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
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LN/rm/CAB7-342 (11/20/87)
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required by a governmental agency for the operation of the
authorized activity;
9. 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;
10. In the event that any of the condi tions 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;
11. 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;
12. 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;
13. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that which is
specifically described in this permit; and
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14. 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.
15. 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 if applicable.
16. This approval shall become null and void if building
permits are not issued for this project within one year
from the date of project approval, if applicable.
All Permits from other agencies will be required when
applicable.
18. Project is approved as submitted/modified and shall
not be altered without Community Advisory Board review and
approval.
17.
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LN/rm/CAB7-342 (11/20/87)
,
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BE
approved
1.
2.
3.
4.
CASE NO.
IT
FURTHER RESOLVED that the Minor Use
Permit
is
subject to the following conditions:
The hours of operation shall be between 8:00 a.m. and
5:00 p.m. Monday through Friday;
The horticultural and floricultural items shall be
available for sale only to wholesale operators;
The storage and sale of horticultural and
floricultural items and related gardening supplies
shall be limited to 2000 sq. ft. within the existing
greenhouse.
The existing concrete parking area shall be striped
to accommodate parking spaces at 90 degree angles to
Lake Drive and Birmingham Drive at a minimum of 9' X
18' in dimension, and in accordance with the
standards set forth in the City of Encinitas Parking
Design Manual. A parking plan showing the number of
spaces that can be accommodated shall be submitted to
the Department of Planning and Community Development
for approval.
PASSED AND ADOPTED this 11 th day of July,
1988,
by the
following vote, to wit:
Ayes:
Nays:
Absent:
Abstain:
Boardmembers Shannon, Slater, Barker
None
Boardmember Hirsch
None
ANN SHANNON, Chairman of the
ardiff-by-the-Sea Community
dvisory Board
ATTEST: C
~¿ rm
¿; 00 ~ . c::?
L DA S. NILES, /
Assistant Planner
LN/rm/CAB7-342 (11/20/87)