1991-18
RESOLUTION NO. C-91-18
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT
FOR HORTICULTURAL SALES
AND PACKING AND PROCESSING PLANT MATERIAL
GROWN OFF-SITE FOR PROPERTY LOCATED AT
1290 BIRMINGHAM DRIVE
(CASE NO.: 91-054 MIN)
WHEREAS,
John Wilson
applied
for
a Minor Use
Permit
in
accordance with the provisions of Chapter 30.74 (Use Permits) of
the Municipal Code of the City of Encinitas; and
WHEREAS, the property is located at 1290 Birmingham Drive and
is legally described as:
Lot Eight (8) of Block "c" of PALOMARES HEIGHTS in the City of
Encinitas, in the County of San Diego, State of California,
according to Map thereof No. 2114, filed in the Office of the
County Recorder of said San Diego County, June 18, 1928.
EXCEPTING THEREFROM the Easterly 248.91 feet thereof.
WHEREAS, a public hearing was conducted on the application on
April 22, 1991; and,
WHEREAS,
the
Cardiff
Community Advisory
Board
considered
without limitation;
1.
The staff report dated April 17, 1991;
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 March 14, 1991.
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Page 1 of 6
the required findings pursuant to Chapters 30.74 (Use Permits):
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
(See Attachment "A")
NOW,
THEREFORE,
BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that application
91-054 MIN is hereby approved subject to the following conditions:
1.
SPECIFIC CONDITIONS:
1.
This Use Permit shall be reviewed in 8 months 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. A growing nursery shall be established on the
property beyond the current limited nursery within the
green house located to the north of the single family
residence.
4.
5.
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 Saturday. This includes trucks
and other vehicles used in the pickup and delivery of
products which may be packaged on site.
3.
All trucks associated with the approved use and are used
for pick up and delivery which are parked or stored on
the property shall be screened from view to Birmingham
Drive.
All pickup and delivery trucks associated with the
approved use shall end and/or begin pickups and
deliveries from the site. Said trucks are prohibited
from using the Crest Drive and Birmingham intersection
for turning around to access the site.
All trucks shall leave the premises within 30 minutes
after packing and loading unless stored onsite and
screened from view to Birmingham Drive.
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6.
7.
8.
9.
10.
11.
12.
I1.
The trash bin shall be screened from view to the
satisfaction of the Director of Planning and Community
Development.
The owner is responsible for notifying the tenant of the
conditions of this Minor Use Permit.
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.
No loudspeaker or sound amplification system shall be
used to produce sounds in violation of the City Noise
Ordinance (Section 30.40.010A).
The parking areas and driveways shall be well maintained.
All employees shall park on the property and are
restricted from parking on the street during the hours
when they are employed in association with the approved
use.
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.
Within 30 days of the effective date of this permit, the
property owner shall provide evidence that he has assumed
an ownership role in the subject business, or the tenant
has purchased an interest in the total land area of the
property, or some other arrangement to the satisfaction
of the Director of Planning and Community Development
that the lease of the property does not constitute a
subdivision pursuant to section 66424 of the State Map
Act.
GENERAL CONDITIONS:
13.
14.
This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
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 City of
Encinitas should not revoke this approval.
CO/02/CRO8-792wp53(8/5/91-3)
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15.
16.
17.
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.
Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit; except to allow
for a required growing nursery operation which must be
established prior to the eight month review date.
Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances.
III. FIRE PREVENTION:
APPLICANT SHALL CONTACT THE FIRE PREVENTION DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
18.
19.
20.
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, if applicable.
All designated emergency access roads shall be posted "No
Parking" pursuant to Fire District standards.
Address numbers shall be clearly visible from the street
fronting the structure(s).
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(e) of
CEQA.
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Page 4 of 6
PASSED AND ADOPTED this 22nd day of April,
1991,
by the
following vote, to wit:
AYES:
Tom, Grossman, Anderson, Hall
NAYS:
None
ABSENT:
None
ABSTAIN:
Cruz (disqualified)
c,//~_..~ ç".' 1_-
Calvin F. Tom, Chairman
of the Cardiff-by-the-Sea
Community Advisory Board
ATTEST: '~'I
(:f./~ l ~ \2 . e-(:.~---
Craig Olson, Assistant Planner
COj02/CRO8-792wp55(5/1/91-2)
Page 5 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:
The Cardiff-by-the-Sea community Advisory Board finds
that the use is compatible to adjacent uses in that the
neighborhood has many established greenhouse and
horticul tural operations similar to the subj ect use.
Testimony received at the hearing indicates that the use
can be conditioned to require the activity to not
adversely impact residents by restricting hours of
operations and the movement of trucks serving the use.
Utilities are provided to the site and no evidence has
been submitted to indicate the use adversely impacts
environmental quality or natural resources of the city.
2.
The impacts of the proposed project will not 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.
CO/02/CRO8-792wp56(8/5/91-3)
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