1990-14
~,
8 RESOLUTION NO. NE-90-14
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT FOR A JOINT USE PARKING AGREEMENT
FOR PROPERTY LOCATED AT 285 N. EL CAMINO REAL
(CASE NO. 90-2l9-MIN)
WHEREAS, Kent Sutherland, applied for a Minor Use permit for
a joint use parking agreement as per section 30.54.020,J and
30.54.050 and Chapter 30.74 Use Permits of the Municipal Code of
the City of Encinitas~
WHEREAS, a public hearing was conducted on the application
by the Olivenhain Community Advisory Board on June 5, and June 19,
1990, and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
8 without limitation:
a. site plan submitted by the applicant~
b. written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. CAB staff reports (90-2l9-MIN) dated September 27, and
October 31, 1990, which are on file in the Department of
Planning and community Development~ and
e. Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the New Encinitas community
Advisory Board of the City of Encinitas that the Minor Use permit
is hereby approved subject to the following findings:
1. The land use and design proposed is consistent with the
general plan, since joint use parking agreements are allowed
in the General Commercial Zone with a Minor Use Permit.
2. 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 adjacent uses, residences, buildings, structures or natural
8 LN/CAB2l-254wp (9-27-90)
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8 resources, with consideration given to, but not limited to:
(a) The adequacy of public facilities, services and utilities
to serve the proposed project, since public facilities
and services are existing, water is existing, sewere is
existing, and the project site is presently occupied with
general commercial uses;
(b) The suitability of the site for the type and intensity
of use or development which is proposed, since joint use
parking agreement are allowed in the GC zone with a Minor
Use Permit~ and
(c) The harmful effect, if any, upon environmental quality
and natural resources of the city; or
3. The impacts of the proposed project will not adversely
affect the policies of the existing Encinitas General Plan or
the provisions of this Code, since the use is compatible with
the land use map designation and the zoning map designations
for a general commercial zone~ and
4. The project will comply with all other regulations,
conditions or policies imposed by this Code.
8 BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following STANDARD conditions:
1. This approval will expire on November 5, 1992, two years
after the approval of this project unless the conditions have
been met or an extension has been approved by the Authorized
Agency, and may be extended upon written request by the
Authorized Agency;
2. This approval may be appealed to the authorized agent
within 15 days from the date of this approval;
3. 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~
4. At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes or
other lawful assessments relating to the property which is the
subject of this permit~
8 LN/CAB2l-254wp (9-27-90)
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8 5. In the event that any of the conditions of this permit
are not satisfied, the Planning Department shall cause a
noticed hearing to be sent before the authorized agency to
determine why the city of Encinitas should not revoke this
permit~
6. 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;
7. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similarly in nature to the activity
authorized by this permit~
8. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit~
9. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable city Ordinances in effect at the time of Building
Permit issuance~
8 10. 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 if applicable~
11. All Permits from other agencies will be required when
applicable; and
12. Project is approved as submitted/modified and shall not
be altered without Community Advisory Board review and
approval.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following ADDITIONAL conditions:
1. The project is approved as submitted and shall not be
modified without Community Advisory Board Review and
approval.
2. The project shall be reviewed 6 months and 1 year after
commencement of operation to review the percentage of
business operation at the lunch hour and at the dinner
8 LN/CAB2l-254wp (9-27-90)
8 hour. The results shall be compared with and shall be
in substantial conformance with the percentage of
business distribution documented in the survey dated
September 17, through september 22, 1990 on file in the
Department of Planning and community Development. (The
survey which is attached as Exhibit I, documented that
substantially less than 20% of Borrelli's business is
done at lunch. The highest percentage of lunch time
business for that particular week was 14.03% on one day.)
3. As per section 30.54.050, Parking Requirements for Joint
Use, the project shall also be reviewed 6 months and 1
year after commencement of operation for conformance with
the following Joint Use Parking Agreement standards:
"Up to fifty percent of the parking facilities required
by this chapter for a use considered to be primarily a
day-time use may be provided by the parking facilities
of a use considered to be primarily a night-time use; and
from zero to fifty percent of the parking facilities
'required by this chapter for a use considered to be
primarily a night-time use may be provided by the parking
facilities of use considered to be primarily a day-time
use, provided that such a reciprocal parking arrangement
shall be approved through a minor use permit." A
Covenant stipulating the agreement shall be recorded in
. the Office of the County Recorder.
4. A pedestrian access walkway shall be constructed from
the subject site to the adjacent property on the south
side of the site. And the applicant shall make a good
faith effort to work with the property owner to the north
of the subject site in providing the pedestrian access
to the northerly property.
5. All applicable requirements of an A-3 occupancy shall be
met. Disabled access shall be required throughout.
Proper restroom facilities for a restaurant shall be
required.
6. Prior to final occupancy, 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.
7. Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off
a roadway on long driveways, a monument shall be placed
at the entrance where the driveway intersects the main
roadway. Permanent address numbers shall be displayed
8 LN/CAB2l-254wp (9-27-90)
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8 AGREEMENT
This agreement made this day of , 1990
witnesseth:
That Kent Sutherland the owner of hereinafter described real
property:
Address: 285 N. El Camino Real
Post Office: Encinitas
Zip Code: 92024
Subdivision Map Number:
Assessor Parcel Number: 257-062-26/29
desires to allow a Joint Use Parking Agreement for Borrelli's
Restaurant to locate in the existing commercial center as allowed
by the City of Encinitas zoning Ordinance, section 30.54.050 Joint
Use Parking Agreements.
In consideration of the permission granted by the City of
Encinitas, for Minor Use Permit 90-2l9-MIN dated November 5, 1990,
Resolution Number NE-90-0l4 said Joint Use Parking Agreement shall
e be valid for the requested use, any chànges to the use shall be re-
reviewed by the community Advisory Board. Change of ownership
shall be allowed if no change or expansion of use is proposed.
That if said agreement is violated at any time, action shall be
taken by the City of Encinitas in accordance with provisions in
the Municipal Code to revoke permission for use as herein stated.
(Owner(s) Signature)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this day of , 19 , before me
, a Notary Public in and for said County,
residing therein, duly commissioned and sworn, personally appeared
, known to me to be the person(s) described in and
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that they executed the same.
8 LN/CAB2l-254wp (9-27-90)
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'
8 on this monument.
8. structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District.
9. The propery owner shall call the Department of Planning
and Community Development at least 2 weeks prior to
requesting final occupancy for the project in order to
confirm that conditions have been met.
PASSED AND ADOPTED this 5th day of November, 1990, by the
following vote, to wit:
Ayes: Boardmembers Beck, Grajek, Patton, Quinn, White
Nays: None
Absent: None
e Abstain: None
~ ~~ Dr--
Anne Patton, Chairperson of the New
Encinitas Community Advisory Board
ATTEST:
/J1
LIN S. NILES,
Associate Planner
8 LN/CAB2l-254wp (9-27-90)