1990-38
RESOLUTION NO. C-90-38
A RESOLUTION OF THE CARDIFP-BY-THE-SEA
COMMUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT
FOR AGRICULTURAL PRODUCTION AT 1674 CREST DRIVE
AND A ROADSIDE SALES STAND AT 1231 BIRMINGHAM DRIVE
(CASE NO. 90-230 MIN)
WHEREAS, Catherine Matsumoto/Fleur Corporation applied for a
Minor Use Permit per Sections 30.48.040 (Q) and (V) and Chapter
30.74 (Use Permits) of the Municipal Code of the City of Encinitas;
and,
WHEREAS, the property is located at 1674 Crest Drive for the
horticultural sales in conjunction with greenhouse operations and
1231 Birmingham Drive for the roadside sales of agricultural
products and legally described as follows:
1674 Crest Drive:
(See Exhibit "A")
1231 Birminaham Drive:
(See Exhibit "B")
WHEREAS, a public hearing was conducted on the applications
on October 8, 1990; and,
WHEREAS, the Community Advisory Board considered without
limitation;
1. The staff report dated October 3, 1990;
2. The adopted General Plan, Zoning Code and associated Land Use
Maps;
3. Oral evidence submitted at the hearing;
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4. Written evidence submitted at the hearing;
5. Documentation and site plans submitted by the applicant; and
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the required findings pursuant to Chapters 30.74 (Use Permits):
(See Attachment nAn)
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
90-230 MIN is hereby approved subject to the following conditions:
I. SPECIFIC CONDITIONS:
1. A portable restroom shall be placed at the 1231
Birmingham roadside stand and shall be maintained in a
neat and clean manner at all times to the satisfaction
of the Director of Planning and Community Development.
Said portable restroom shall be located to the rear of
the flower stand and shall be made available to all
employees and customers during hours of operation of the
stand. Applicant shall contact the San Diego County
Health Department to secure any necessary permits
required to locate said restroom.
2. The area around the roadside stand shall be constantly
maintained in a neat and litter free manner to the
satisfaction of the Director of Planning and Community
Development.
3. The trash bin located at 1674 Crest Drive shall be
relocated or enclosed so as not to be visible to Crest
Drive to the satisfaction o.f the Director of Planning and
Community Development.
4. The roadside stand shall not be increased in size over
200 square feet and the location of the stand shall not
be altered without prior City approval. Both access
drives to Lake and Birmingham shall be improved with
asphalt drives within the public right-of-way to the
satisfaction of the City Engineer.
5. Off-street parking shall be provided pursuant to the plat
map received by the City on September 19, 1990 and
approved by the Board; and the amount of parking stalls
shall not be reduced.
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6. Any future signage at this location shall be approved by
the City of Encinitas in accordance with the Sign
Ordinance in effect at the time of application submittal.
II. GENERAL CONDITIONS:
7. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
8. In the event that any of the conditions of this permit
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 ci ty of
Encinitas should not revoke this approval.
9. 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.
10. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
11. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances.
12. Permits or findings of exemption shall be obtained from
other agencies as follows:
State Coastal Commission
13. The application is approved as submitted and shall not
be altered without authorized agency review and approval.
III. APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
FIRE PREVENTION:
14. The applicant shall submit a letter from the Fire
District stating that all development impact, cost
recovery and/or plan check fees have been paid.
IV. CONDITIONS OF OPERATION:
15. No semis, tractor-trailers or trucks exceeding a rating
of two tons shall be allowed on premises at any time as
part of this minor use permit approval.
16. Floral packing hours at the Crest Drive greenhouse are
limited from 6:00 a.m. to 7:00 p.m. Business hours open
to the public shall be limited from 8:00 a.m. to 5: 00
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p. m., Monday through Saturday. Hours of operation of the
roadside stand are limited from 7:00 a.m. to 7:00 p.m.
17. 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.
18. No loudspeaker or sound amplification system shall be
used to produce sounds in violation of City Noise
Ordinance.
19. 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.
20. Property owner shall notify, in writing, the City of any
change in the operators on the subject property.
21. within 30 days of the effective date of this permit,
applicant shall provide conclusive evidence of the legal
ownership of the 1231 Birmingham Drive property and the
property owner's consent to permit the location of the
agricultural roadside sales stand on the subject property
to the satisfaction of the Director of Planning And
community Development.
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 15301 of CEQA;
PASSED AND ADOPTED this 8th day of October, 1990, by the
following vote, to wit:
AYES: Grossman, MacManus, McCabe, Tom
NAYS: None
ABSENT: None
ABSTAIN: Cruz
ATr~ R-.eM--.
Craig Olson, Assistant Planner
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ATTACHMENT "A"
I. MINOR USE PERMIT (30.74.070) FINDINGS:
1. The location, size, design or operating characteristics
of the proposed project will not be incompatible 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:
The Cardiff-by-the-Sea Community Advisory Board finds
adequate public facilities, services and utilities exist
to support both sites. Although no electricity, water
or other facilities serve the Lake/Birmingham flower
stand, the utilities are not required to support the
limited hour use. The use permit requires a portable
restroom facility to be located adjacent (and to the
rear) of the flower stand. The activities have been
conducted at the subject locations for many years and no
evidence has been submitted to indicate that the uses
adversely affect or are incompatible with adjacent use.
2. The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of the Municipal Code;
Evidence:
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 uses are also found to be compatible with Sections
30.48.04 Q and V of the Municipal (Zoning) Code which
regulate agricultural roadside sales stands and
horticultural/greenhouse operations and sales.
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3. The projects comply with any other regulations,
conditions or polictes imposed by the Municipal Code.
Evidence:
The property owner seeks Minor Use Permit and Variance
approval to bring the operation into compliance with the
City's regulations. No other regulations, conditions or
policies of the City can be identified which the
operation violates. The operations have been conditioned
by the Use Permit to assure continued compliance with
City regulations.
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EXHIBIT "A"
LEGAL DESCRIPTION: 1674 CREST DR.
.
PARCEL 1:
.
'!bat portion of IDt 4, in Block "c" of p.AJ:.C:MARES HEIGHrS, in the City of
Encini tas , Coonty of san Diego, state of California, accord.i.n; to Map thereof
No. 2114 , filed in the Office of the County Recorder of san Diego QJunty,
June 19, 1928, lyirq Northerly of the location an::l Easterly prolon:Jëition
thereof of a line described as follC1WS:
Beginnirr;J at the Westerly line of said IDt 4, distant thereon 0.21'21" East
94.25 feet fran the Southwesterly corner of said IDt; thence parallel with
the Southerly line of said IDt South 89.38' 39" Fast 453.36 feet to the
Easterly line of said IDt.
PARCEL 2:
'!bat portion of IDt 3 , in Block ncn of P~ HEIGHrS, in the City of
Encinitas, Ca.mty of san Diego, State of California, accord.i.n; to Map thereof
No. 2114, filed in the Office of the county Recorder of San Diego County,
June 19, 1928 , ly~ Southerly of a line drawn fram a point on the West line
of said IDt which is distant thereon 103.25 feet Southerly fram the Northwest
corner of said Lot to a point on the Easterly line of Lot which is 105.06
feet Southerly fran the Northeasterly corner of said Lot.
EXHIBIT "B"
PROPERTY DESCRIPTION: 1231 BIRMINGHAM
ASSESSO~'S PARCEL NO. 260-430-20: A PORTION OF THE EAST 1/2 OF THE SOUTH-
WEST 1/4 OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST
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