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
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Adam Birnb~um,
Chairperson of the
Old Encinitas Community
Advisory Board
ATTEST:
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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)