1990-20
RESOLUTION NO. OE90-20
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT TO ALLOW OPERATION OF
AN OUTDOOR MARKET, AND DESIGN REVIEW FOR PROPOSED EXTERIOR
CHANGES TO AN EXISTING STRUCTURE
LOCATED AT 466 N. HIGHWAY 101 IN OLD ENCINITAS
(CASE NUMBER 90-182MIN/DR)
WHEREAS, a request for consideration of a Minor Use Permit and
Design Review Permit was filed by Kirsten Marvin to allow operation
of an outdoor marketplace for retail sales of arts and handicrafts,
cut flowers, and/or food vending carts, and other retail sales
along with design for review for exterior changes to an existing
building including replacement of windows with French-style doors
and construction of an outdoor deck and gazebo, for the property
located at 466 N. Hwy 101 in Old Encinitas, more particularly
described as:
Lots 1 - 5 and 24 -28, inclusive, of Block "L" of Seaside Gardens,
in the City of Encinitas, County of San Diego, State of California,
according to the Map thereof No.1800, filed in the Office of the
County Recorder; and
WHEREAS, a public hearing was conducted on the application on
September 13, 1990 by the Old Encinitas Community Advisory Board;
and
WHEREAS,
limitation:
the Community Advisory Board
considered,
without
1. The staff report dated September 5, 1990 with attachments
The application, statement of justification, site plan
dated received July 16,1990, and photos submitted by the
applicant,
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
WHEREAS, the Community Advisory Board made the
findings pursuant to Chapter 30.76 of the Encinitas
Code:
following
Municipal
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Board of the City of Encinitas that application 90-182MIN/DR is
hereby approved subject to the following conditions:
TC/04/MS12-1469WP5
(3-2-90)
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the City of Encinitas that:
This proj ect is categorically exempt from environmental review
under Sect. 15301(e) of the California Environmental Quality Act
(CEQA) .
PASSED AND ADOPTED this 13th day of September, 1990, by the
following vote, to wit:
AYES: Rotsheck, Steyaert, Tobias
NAYS: None
ABSENT: Birnbaum, Townsend
ABSTAIN: None
¡7e t;;; Ç, ;-Z In 'eu
Peter Tobias, Chairperson
of the Old Encinitas
Community Advisory Board
ATTEST:
-?
/-
~~--'" -~~_--L-~"~
Tom Curtíden
Associate Planner
TC/04/MS12-1469WP5
(3-2-90)
Attachment "A"
Resolution No.OE90- 20
Findings For A Use Permit
Chapter 30.74.070 of the Encinitas Municipal Code
(Case No. 90-182MIN/DR)
What follows is a discussion of the proposal as it relates to
the findings the Board and Planning Commission must make to
warrant approval contained in Sect. 30.74.070 (B) of the
zoning Ordinance:
1. The location, size, design or operating
characteristics of the proposed proj ect will not be
incompatible with and will not adversely affect or be
materially detrimental to adj acent 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 the site for the type and
intensity of the use or development which is
proposed; and
c.The harmful effect, if any, upon environmental
quality and natural resources of the City; or
Evidence:
All public services are in place to serve the project.
Being adjacent to the 101 corridor, food carts and sales
of arts and crafts and other retail sales would take
place in an area of heavy visitor traffic and high
visibility and would be one of numerous other business
of this type along that corridor. These uses are deemed
appropriate for the site in that they would benefit from
and cater to the heavy pedestrian and other traffic
expected in such popular visitor-serving areas.
Since the activity will take place on the north end of
the site, surrounded by public right-of-way to the north,
east, and west, and by the applicants buildings to the
south, in is not anticipated that this use will result
in any adverse impacts to adjoining properties.
Identifying no potentially significant adverse
environmental impacts, the Board has found the proposal
TC/04/MS12-1464WP5
(3-2-90)
to be exempt under Sect.
Guidelines.
15301(e)
of the State CEQA
2. The impacts of the proposed project will adversely effect
the policies of the Encinitas General Plan or provisions of
this code; or
3. The project fails to comply with any other regulations,
conditions, or policies imposed by this code.
Evidence:
The proposed retail sales activities proposed on the site
are allowed in the General Commercial zone. However, such
activities are required to take place in enclosed areas
unless a minor use permit is first issued to insure that
the outdoor use is appropriate for the site and will not
adversely affect adjoining properties. Since the Board
so finds in issuing this minor use permit, the use will
be fully consistent with the City's General Plan and
Municipal Code.
FINDINGS FOR DESIGN REVIEW
CHAPT. 23.08 OF THE MUNICIPAL CODE
A. The project design is consistent with the General Plan, a
Specific Plan, or the provisions of this code.
Evidence: The changes requiring design review involve
only minor changes to the exterior of a legally
constructed building in the General Commercial zone, and
is thus in conformance with the City's General Plan and
Municipal Code.
B. The design is substantially consistent with the Design
Review Guidelines.
Evidence: The proposed work subject to design review
consists only of replacing four existing windows in the
building on site with French-style doors, with mullion
panes, and construction of the esterior deck and gazebo. .
A manufacturer's brochure was available to the members
and is in the case file for reference. The changes will
upgrade the appearance of the building and thus are
substantially consistent with the applicable Design
Review Guidelines relating to building design.
C. The project would not adversely affect the health, safety,
or general welfare of the community.
TC/04/MS12-1464WP5
(3-2-90)
Evidence to consider: No aspect of the proposed project
has been identified which would adversely affect the
public health, safety, or general welfare in any way.
D. The project would tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Evidence to consider: The proposed exterior changes to the
building will represent an upgrade in its appearance and
will thus not cause any depreciation in the appearance
or value of the neighboring areas.
TC/04/MS12-1464WP5
(3-2-90)
Applicant:
Case No:
Subject:
Location:
I.
RESOLUTION NO. OE 90-20
ATTACHMENT "B"
Marvin
90-182 MIN/DR
Outdoor Market,
Building
Exterior
Changes
to
Existing
466 N. Highway 101
SPECIFIC CONDITIONS
A.
Building plans shall be revised to show the proposed
deck and gazebo structure to be moved back to
conform with the required 20 ft. front setback of
the GC zone, to be verified by the Community
Development Department prior to permit issuance.
F.
B.
Prior to permit issuance, the applicant shall
provide for handicap access, access to rest rooms
and retail areas to the satisfaction of the
Encinitas Building Department.
C.
All operations approval through this permit shall
be conducted within property boundaries, outside of
the public right-of-way, at all times.
D.
The outdoor market operation approved hereunder may
include retail sales and food vendor carts pursuant
to County Health Department approvals and licensing.
E.
Upon receipt of any citizen complaint regarding the
approved use, the use permit shall be subject to re-
review by the Old Encinitas CAB at the end of that
year. If no complaint is received within one year
of the date of this approval, the use permit shall
be deemed renewed automatically for a period of 3
years. For that 3 year period, and subsequent
consecutive 3 year intervals, if any complaint is
received by the City regarding the approved use, the
use permit shall be scheduled for re-review at the
end of that 3 year period.
Prior to permit issuance, the applicant shall submit
CASE NUMBER:
90-182 MIN/DR
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TC/jm/MS15-1772wp5 (10-1-90/6)
II.
and obtain Community Advisory Board approval of a
landscape plan indicating street trees selected from
the City's recommended list of street trees for the
Old Encinitas trees. Said trees shall be of a size
and number to comply with City policies and
standards. Existing mature trees within the public
parkway shall remain and may be credited toward the
required number of such trees.
G.
Hours of operation for the approved outdoor market
shall be 9: 00 a.m. to dusk, except that on days when
dusk occurs prior to 5: 00 p.m. the market may remain
open until 5: 00 p.m. Allowed seasonal uses in
November and December may remain open from 9 a.m.
to 9 p.m.
1.
STANDARD CONDITIONS
GENERAL CONDITIONS
A.
This approval will expire in two years, on September
13, 1992, at 5:00 p.m. unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
B.
This approval may be appealed to the authorized
agency within 15 calendar days from the date of this
approval.
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 required by a governmental agency for the
operation of the authorized activity.
C.
D.
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
permit.
E.
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.
F.
Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similar in nature
CASE NUMBER:
90-182 MIN/DR
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TC/jm/MS15-1772wp5 (10-1-90/6)
K.
L.
to the activity authorized by this permit.
G.
Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
H.
Approval of this request shall not waive compliance
wi th any sections of the Zoning Development Code and
all other applicable City Ordinances in effect at
the time of Building Permit issuance unless
specifically waived here.
I.
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 unless specifically waived here.
J.
Permits from other agencies will be required as
follows:
a.
Coastal Commission
Project is approved as submitted/modified as
evidenced by the plot plan dated received by the
City of Encinitas on July 16, 1990 and signed by a
City Official as approved by the Old Encinitas
Community Advisory Board on September 13, 1990 and
shall not be altered without Planning and Community
Development Department review and approval.
The applicant shall execute and record a covenant
to the satisfaction of the Community Development
Department setting forth the forms and conditions
of this approval prior to permit issuance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
SITE DEVELOPMENT
A.
For a new commercial or industrial development, or
addition to an existing development, the applicant
shall pay development fees at the established rate.
Such fees may include, but not be limited to:
Permi t and Plan Checking Fees, Water and Sewer
Service Fees, School Fees, Traffic Fees, Drainage
Fees and Park Fees. Arrangements to pay these fees
shall be made prior to:
CASE NUMBER:
90-182 MIN/DR
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TC/jm/MS15-1772wp5 (10-1-90/6)
a.
Building permit issuance.
B.
Any signs proposed for this development shall be
designed and approved in conformance with the Sign
Ordinance.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3.
FIRE
4.
A.
Prior to permit issuance, the applicant shall submit
a letter from the Fire District stating that all
development impact, plan check and/or cost recovery
fees have been paid or secured to the satisfaction
of the District.
STREET CONDITIONS
A.
B.
C.
5.
UTILITIES
A.
B.
An Irrevocable Offer of Dedication (I.O.D.) shall
be made for 10 feet along North Court adjacent to
the property for public right-of-way purposes.
An Irrevocable Offer of Dedication (I.O.D.) shall
be made for 5 feet along La Veta adjacent to the
property for public right-of-way purposes.
Developer shall execute and record a covenant with
the County Recorder agreeing not to oppose the
formation of an assessment district to fund the
installation of right-of-way improvements.
The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
The developer shall be responsible for coordination
with S.D.G. & E., Pacific Telephone, and Cable TV
authorities.
CASE NUMBER:
90-182 MIN/DR
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