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1988-24 8 8 8 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. 8 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 8 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 8 LN/rm/CAB7-342 (11/20/87) 8 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 8 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. 8 LN/rm/CAB7-342 (11/20/87) , 8 8 8 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)