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1995-03 RESOLUTION NO. OE-95-03 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A MINOR USE PERMIT APPLICATION TO PERMIT A TATOO STUDIO IN THE GC ZONE FOR PROPERTY LOCATED AT 454 NO. HIGHWAY 101 (CASE NO. 95-019 MIN; APN 256-272-01, 13) WHEREAS, an application for a Minor Use Permit was filed by Neil Kotter pursuant to Chapters 30.09-317 (Use Matrix) and 30.74 (Use Permits) of the City of Encinitas Municipal Code to allow a tatoo studio in the General Commercial Zone for property located at 454 No. Highway 101 and legally described as; Lots 6 and 23, in Block L of Seaside Gardens, in the City of Encini tas, County of San Diego, State of California, according to Map thereof No. 1800, filed in the Office of the County Recorder of said San Diego County, August 6, 1924. WHEREAS, a public hearing was conducted by the Old Encinitas Community Advisory Board on March 23,1995, as required by law, and all persons desiring to be heard were heard; WHEREAS, evidence was submitted and considered to include without limitation: a. Application, Statement of Justification and floor plan dated received by the City of Encinitas on January 24, 1995. b. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; d. Old Encinitas Community Advisory Board agenda report (95- 019 MIN) for the meeting of March 23, 1995; which is on file in the Department of Community Development; CD/tc/10/95019MIN.RES -1- WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 30.74 (Use Permits) of the Municipal Code: (SEE ATTACHMENT "A") NOW THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that Minor Use Permit application No. 95-019 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 15061, of the State CEQA Guidelines. PASSED AND ADOPTED this 23rd day of March, 1995 by the following vote, to wit: Ayes: Birnbaum, Davis, Harden Nays: None Absent: None Abstain: None / ,- - - -) (C \~~ . ~¥ "-----~"-f..M¡.,,- ...\.A"- ~c~"--.. Adam Birnb~um, Chairperson of the Old Encinitas Community Advisory Board ATTEST: ~--~ Tom Curriden Associate Planner CD/tc/10/95019MIN.RES -2- ATTACHMENT nAn FINDINGS Resolution No. OE-95-03 Case No. 95-019 MIN Applicant: Neil Kotter I. Section 30.74.040 - Use Permit A. The location, size, design and operating characteristics of the proposed project will be compatible with and will not adversely affect and will not be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: 1. The adequacy of public facilities, services and utilities to serve the proposed project; 2. The suitability of the site for the type and intensity of use or development which is proposed; and 3. The harmful effect, if any, upon environmental quality and natural resources of the city. Facts: The applicant proposes to relocate a tatoo studio business from a nearby location also in the General Commercial Zone. Discussion: The business has been operating at its present location since August of 1992 with no known adverse impacts to the surrounding area. The City has received no complaints during this time of operation. The proposal is to move the business to the new location. The business would be relatively low-volume in nature, with an average of one to two customers in attendance at any given time, and will not generate any significant noise impacts. Parking is adequately provided for the total project site with space for approximately 6 parking spaces in the rear parking lot, with adequate access off of La Veta Avenue. Conclusion: The CAB finds that the location, size, design and characteristics of the proposed business are compatible with and will not adversely affect and are not materially detrimental to adjacent uses, residences, buildings, structures or natural resources. CD/tc/10/95019MIN.RES -3- B. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and C. The project complies with any other regulations, conditions or policies imposed by the Municipal Code. Facts: The application is to allow a commercial business in the General Commercial Zone. Discussion: Section 30.09-317 (Use Matrix) of the Municipal Code permits tatoo studios in the General Commercial Zone with the approval of a Minor Use Permit. The proj ect compl ies with all Municipal Code requirements, such as sign limitations and parking. Conclusion: The CAB finds that approval of the Use Permit allowing the tatoo studio, as conditioned, will not adversely affect the policies of the Encinitas General Plan or the proYisions of the Municipal Code. CD/tc/10/95019MIN.RES -4- ATTACHMENT nBn CONDITIONS OF APPROVAL Resolution No. OE-95-03 Case No. 95-019 MIN Applicant: Neil Kotter 1. SPECIFIC CONDITIONS A. The minor use permit will be valid initially for a period of 6 months, after which time the applicant shall cause the minor use permit to be brought back before the CAB at a noticed hearing, with staff to report back as to any substantiated complaints or problems arising in conjunction with the use. B. Hours of operation shall be limited to 10:00 am to 9:00 pm. C. The applicant shall comply with all County of San Diego Health Dept. and State of California Codes related to all aspects of this use, including all applicable age restrictions. 2. STANDARD CONDITIONS A. This approval will expire in two years, on March 23, 1997, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. B. In the event that any of the conditions of this permit are not satisfied, the Community Development Department may cause a noticed hearing to be set by the authorized agency to determine why the City of Encinitas should not re-review this permit. C. Project is approved as submitted as evidenced by the application dated received January 24,1995, signed by a City Official as approved by the Old Encinitas Community Advisory Board on March 23, 1995, and shall not be altered without Community Development Department review and approval. D. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. E. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, CD/tc/10/95019MIN.RES -5- and all other applicable codes and ordinances in effect at the time of building permit issuance unless specifically waived herein. F. Permits from other agencies will be required as follows: California Coastal Commission G. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. H. Prior to start of business operations, the applicant shall sign and record a covenant with the County Recorder which sets forth this approval. I. This approval may be appealed to the Planning commission within 15 calendar days from the date of this approval. J. The applicant is allowed one wall sign in compliance with Zoning Code standards, per review by the Community Development Department. K. 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. L. Prior to the start of business operations, the parking area adjacent to La Veta Avenue shall be striped. Prior to striping, applicant shall submit to the Community Development Department a striping plan for review and approval. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. FIRE A. REVIEW FEES: Prior to start of business operations, the applicant shall submit to the Community Development Department a letter from the Fire District stating that all fees including plan check reviews and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. B. Address numbers shall be clearly visible from the street fronting the structure. The height of the numbers shall conform to Fire District Standards. CD/tc/10/95019MIN.RES -6- RESOLUTION OE 95-03 ATTACHMENT "c' - ADDED BY ACTION OF THE OLD ENCINITAS CAB NOVEMBER 2, 1995 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT (Muni. Code Section 30.80.090): 1. The proposed development is consistent with the certified Local Coastal Program of the City of Encinitas; and 2. The proposed development confonns with Public Resources Code Section 21000 and following in that there are no feasible mitigation measurers or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. Facts: Upon issuance of a minor use pennit with findings of fact as set forth in Chapter 30.74 of the Municipal Code, the use is allowed in the General Commercial (GC zone) in accordance with Chapter 30.09 of the Municipal Code, which is also a part of the City's certified Local Coastal Program. No significant adverse impact to the environment has been identified in conjunction with the use and operation of the use at the existing establishment is categorically exempt pursuant to Section 15061 of the State CEQA Guidelines. Conclusion: The proposed development is consistent with the Local Coastal Program of the City of Encinitas and is categorically exempt from environmental review in accordance with Section 15301 ofCEQA. ADDITIONAL NOTE: The Board detennined at its meeting of November 2, 1995 that Specific Condition 1 (A) of Resolution DE 95-03 has been satisfied. CD/tc/95019MIN.OE2 (10-17-95)