1990-30
RESOLUTION NO. C-90-30
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD
APPROVING A FIVE YEAR REVIEW OF A COUNTY ISSUED USE PERMIT
FOR AGRICULTURAL PRODUCTION
AND PACKING AND PROCESSING PLANT FOR
FLOWERS GROWN OFF-SITE FOR PROPERTY LOCATED AT
1262 TORREY DRIVE
(CASE NO.: 90-177 MIN/ADR)
WHEREAS, vincent Ivicevic applied for Administrative Review
of County issued Use Permit P82-074W in accordance with the
provisions of said permit and Chapter 30.74 (Use Permits) of the
Municipal Code of the City of Encinitas; and
WHEREAS, the property is located at 1262 Torrey Drive and is
legally described as:
The South half of the South half of the Southeast Quarter of
the Northeast Quarter of the Northwest Quarter of Section 23,
township 13 South, Range 4 West San Bernardino Meridian,
according to united States Government Survey approved April
19, 1881.
WHEREAS, a public hearing was conducted on the application on
August 27, 1990; and,
WHEREAS, the Cardiff Community Advisory Board considered
without limitation;
1. The staff report dated August 22, 1990;
2. The adopted General Plan, Zoning Code and associated Land Use
Maps;
3. Oral evidence submitted at the hearing;
4. ,written evidence submitted at the hearing;
5. Documentation and site plans submitted by the applicant and
dated received by the City on July 16,1990; and
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WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the required findings pursuant to Chapters 30.74 (Use Permits):
(See Attachment "A")
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
89-177 MIN/ADR is hereby approved subject to the following
conditions:
I. SPECIFIC CONDITIONS:
1. This Use Permit shall be reviewed in 4 years from the
date of this approval to determine compliance with all
conditions of approval, at which time the Use Permit may
be revoked if substantial evidence of noncompliance with
permit conditions is found to exist by the authorized
agency.
2. The on-site packing and processing operation shall be
limited to a time period which ranges from 7:00 a.m. to
7:00 p.m., Monday through Friday and from 8:00 a.m. to
5:00 p.m. on Saturday. This includes trucks and other
vehicles used in the pickup and delivery of flowers or
other products used in their packing and processing.
3. No semis, tractor-trailers or trucks exceeding a rating
of two tons shall be allowed on the premises at any time
as part of this minor use permit approval.
4. The maximum number of employees shall not exceed eight
on-site at anyone time.
5. All trucks shall leave the premises within 30 minutes
after packing and loading.
6. No truck refrigeration compressors shall operate for more
than 30 minutes after packing and loading beyond 6:00
p.m.
7. All refrigeration compressors shall be structurally
enclosed so as to be soundproofed to the satisfaction of
the City's Code Enforcement Officer. Said enclosures
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shall be constructed of concrete block material to a
height of 1 foot 6 inches above the height of the
refrigeration compressors.
8. The owner is responsible for notifying the tenant of the
conditions of this minor use permit.
9. All light fixtures 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.
10. No loudspeaker or sound amplification system shall be
used to produce sounds in violation of City Noise
Ordinance.
11. The parking areas and driveways shall be well maintained.
12. The Use Permit shall expire on April 19, 1998 and shall
no longer be in effect. A new Use permi t must be
obtained from the City, in accordance with the Zoning
Regulations to continue the use authorized by this permit
prior to the April 19, 1998 expiration date. This
approval shall be reviewed by the authorized agency in
four years (September, 1994).
13. Property owner shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval as conditioned. The covenant shall be in form
and content satisfactory to the Director of Planning and
Community Development.
14. Property owner shall cause this permit, with conditions,
to be registered with the Sheriff's Department (Encinitas
Substation) for enforcement purposes of its provisions.
The Sheriff shall notify the City's Code Enforcement
Officer of any violations of these conditions.
15. Property owner shall notify, in writing, the City and
Sheriff's Department of any change in the operators on
the subject property.
16. Property Owner shall post a sign at the intersection of
Torrey Drive and Crest Drive which reads: "trucks in
excess of 2 tons prohibited."
II. GENERAL CONDITIONS:
17. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
18. In the event that any of the conditions of this permit
CO/dc/CR08-638wp53(9-23-90-3) Page 3 of 6
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be set before
the authorized agency to determine why the City of
Encinitas should not revoke this approval.
19. 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.
20. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
21. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances.
22. citv Enaineer: Owner shall execute and record a covenant
with the County Recorder agreeing not to oppose the
formation of an Assessment District to find the
installation of right-of-way improvements.
APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
III. FIRE PREVENTION:
23. The Owner shall submit a letter from the Fire District
stating that all development impact, cost recovery and/or
plan check fees have been paid.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
This project was found to be exempt from environmental review
per section 15321(a) of CEQA;
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PASSED AND ADOPTED this 27th day of August, 1990, by the
following vote, to wit:
AYES: McCabe, Grossman, MacManus
NAYS: None
ABSENT: err
ABSTAIN: None
ATTEST~b \2.. ~
Craig Olson, Assistant Planner
CO/dc/CR08-638wpS 5(9-23-90-3) Page S of 6
ATTACHMENT "A"
I. MINOR USE PERMIT (30.74.070) FINDINGS:
1. The location, size, design or operating characteristics
of the proposed project will be compatible with or will
not adversely affect or 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 public facilities, services and
utilities to serve the proposed project;
c. The effect, if any, upon environmental quality and
natural resources or the city.
Evidence:
Although evidence exists to indicate past noncompliance
to conditions of approval which have adversely impacted
adjacent properties, the Board finds that the current
operator has been in substantial compliance with the
conditions since beginning operations in October 1989.
The site is serviced by all public facilities and
utilities and has not been found to harm the
environmental quality or natural resources of the city.
2. The impacts of the proposed proj ect will adversely affect
the policies of the Encinitas General Plan or the
provisions of this Code;
Evidence:
The proposed project is supported by the General Plan
Resource Management Element and Zoning Code as an
agricultural/horticultural operation encouraged by
General Plan Resource Element Goal 11 and permitted by
Minor Use Permit approval by the Zoning Code Matrix for
the RR-1 Zone.
3. The project complies with any other regulations;
conditions or policies imposed by this Code.
Evidence:
When operating within the limitations of the conditions
of approval, the Board can identify no reason why the use
does not comply with all other regulations, conditions
or policies imposed by the Municipal Code.
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