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1990-25 . . . RESOLUTION NO. OE90-25 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT TO ALLOW THE OPERATION OF A HORTICULTURAL SERVICE AT A SINGLE FAMILY RESIDENTIAL LOT FOR THE PROPERTY LOCATED AT 225 REQUEZA (CASE NUMBER 90-241 MIN) WHEREAS, a request for consideration of a Minor Use permit was filed by Mr. Antony DiPaola to allow the operation of a horticultural service at a single family residential lot, per Chapter 30.74 of the City of Encinitas Municipal Code, for the property located at 225 Requeza, legally described as: Lot 10 in Block F of Encinitas Highlands, in the County of San Diego, State of California, according to Map thereof No. 2141, filed in the Office of the County Recorder of San Diego County on December 4, 1928. Excepting therefrom the easterly half of said lot 10. WHEREAS, a public hearing was conducted on the application on November 29, 1990, and; WHEREAS, the Community Advisory Board considered: 1. The staff report dated November 19, 1990; 2. The application, site plan and Statement of Justification submitted by the applicant; 3. Letters from the public; 4. Oral evidence submitted at the hearing; 5. Written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapters 30.09 and 30.74 of the Encinitas Municipal Code: (SEE ATTACHMENT "AII) NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 90-241 MIN is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review under Section 15305 of the State CEQA Guidelines. . . . PASSED AND ADOPTED this 29th day of November, following vote, to wit: 1990, by the AYES: Birnbaum, Rotsheck, Steyaert NAYS: None ABSENT: Tobias ABSTAIN: None ru: ~- Peter Tobias, Chairman of the Old Encinitas Community Advisory Board ATTEST: ~~ Tom Curriden Associate Planner . . . ATTACHMENT "A" Resolution No. OE90_25 (E) Findings: The following findings must be made by the authorized agency to warrant approval of the Minor Use Permit in accordance with Section 30.74.070 of the Municipal Code: 1. 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 adj acent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The adequacy of public facilities, utilities to serve the proposed project; services and b. The suitability of the site for the type and intensity of use or development which is proposed; and c. The harmful effect, if any, upon environmental quality and natural resources of the city; Evidence to Consider: The Board finds that the proposed horticultural service business is a use that is compatible with the character of the surrounding single family residential neighborhood. The existing single family structure is currently served by all utilities and the business requires no additional public facilities or services. In his Statement of Justification, the applicant contends that the site is suitable for horticul tural services equipment storage and that the equipment is adequately screened from view. In addition, the applicant states that there are no harmful effects or environmental impacts with regard to the storage of the equipment and vehicles on the site. A recent site inspection indicated that the vehicle parking area is well maintained and adequately screened from view by fences and a large chain-link gate at the driveway. The site appeared to be landscaped with large trees and hedges which also help to screen the equipment and vehicles. Additionally, there have been no complaints or other evidence that suggests that noise generated from this operation is excessive. There are, however, several possible negative impacts related to this application which were identified by a number of neighbors who contacted staff by phone and wri tten correspondence. Several neighbors expressed concerns regarding the additional truck traffic from "Coast Tree Service" on residential streets and expressed . . 3. . safety concerns to autos and pedestrians when traffic on Requeza is stopped allowing the trucks to back into the parking area. In addition, the applicant and his employees have parked the trucks on the street for short periods of time restricting traffic. The applicant has stated that he has changed his parking procedures and no longer parks his trucks on the street for even short periods of time. He has also stated that he will re-route his trucks so that they avoid the neighborhood streets whenever possible. The Board has included two conditions in the resolution which address these issues. These conditions require the applicant to submit a proposed truck route that avoids the neighborhood streets, and prohibits parking the trucks on the street. The Board finds that the majority of the neighbors' concerns can be mitigated and the use is compatible with the surrounding residential neighborhood. 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 to consider: The Board finds that this proposal is consistent with the Municipal Code and the policies of the General Plan. The project will still maintain the general character of a single family residential use. No significant increase in traffic to and from the site is generated as a result of this use since customers do not generally visit the home. The project complies with all other regulations, conditions or policies imposed by this Code. Evidence to Consider: The Board finds that the proposed horticultural service conforms with all Zoning Code requirements within a residential zone including parking requirements, development standards, and permitted uses. In addition, the resolution contains standard conditions that must be satisfied to approve a horticultural service. . . . Applicant: Case No.: Subject: Location: 1. STANDARD CONDITIONS ATTACHMENT "B" Anthony DiPaola 90-241 MIN Minor Use Permi t to Continue Operation of Horticultural Service "Coast Tree Service" out of Existing Residence SPECIFIC CONDITIONS: 225 Requeza II. 1. 2. 3. 4. 5. The applicant shall cause to be recorded a covenant regarding real property which sets forth this grant of approval. The covenant shall be in form and content satisfactory to the Director of Community Development. The applicant shall remove all combustible materials within the equipment storage area. The applicant shall provide a gated access not less than 20 ft. in width to the satisfaction of the Encinitas Fire District Fire Marshall. The applicant shall submit to the Community Development Department a proposed truck route which avoids neighborhood streets to the satisfaction of the Director of Community Development. The applicant is prohibited from parking the "Coast Tree Service" vehicles and equipment on Requeza in a manner which impedes traffic. STANDARD CONDITIONS: 1. 2. 3. GENERAL CONDITIONS This approval will expire in two years, on November 29, 1992, at 5:00 p.m. unless the conditions have been mete or an extension has been approved by the Authorized Agency. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other MN/03/MS17-1844wp5 (11-21-90) . . . 8. applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. 4. Permits from other agencies will be required as follows: a. Coastal Commission 5. Project is approved as evidenced by the plot plan dated October 17, 1990 received by the City of Encinitas on October 17, 1990 and signed by a City Official as approved by the Old Encinitas Community Advisory Board on November 29, 1990 and shall not be altered without Planning and Community Development Department review and approval. 6. 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. 7. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, any 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. MN/03/MS17-1844wp5 (11-21-90)