1994-02
RESOLUTION NO. OE 94-02
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
APPROVING A MINOR USE PERMIT APPLICATION FOR A
VIDEO ARCADE IN THE GC ZONE FOR
PROPERTY LOCATED AT
576 SANTA FE DR.
(CASE NUMBER 94-047 MIN)
WHEREAS, a request for Minor Use Permit was filed to allow a
video arcade within an existing commercial center in the GC Zone,
in accordance with Chapter 30.09, item no. 14, of the City of
Encinitas Municipal Code, for the property located at 576 Santa Fe
Dr., legally described as:
Portion of Lots 8, 9, 18, 19 and 20 in Block I of AVOCADO
ACRES UNIT NO. 5, in the County of San Diego, State of
California, according to the Map thereof, No. 2130, filed in
the office of the County Recorder of San Diego County, further
described in Quitclaim Deed No. 84-264855, recorded in the
office of the County Recorder of San Diego County July 13,
1984.
WHEREAS, a public hearing was conducted on the application on
June 23, 1994, by the Old Encinitas Community Advisory Board; and
WHEREAS, the Board considered:
1. The June 23,1994, staff report to the community Advisory
Board with attachments;
2. Application dated received April 8, 1994;
3. Letter from Leticia Valenzuela and Elias Garcia, dated
May 5, 1994.
4. Oral evidence submitted at the hearing;
5. written evidence submitted at the hearing; and
WHEREAS, the Community Advisory Board made the following
findings pursuant to Chapters 30.74 of the Encinitas Municipal
Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Old Encinitas
Community Advisory Board of the city of Encinitas hereby approves
application 94-047 DR subject to the following conditions:
(SEE ATTACHMENT "B")
JK/94047MIN.SR (6-10-94) 5
PASSED AND ADOPTED this 23rd day of June, 1994, by the
following vote, to wit:
AYES: Birnbaum, Comeau, Wells
NAYS: None
ABSENT: Harden, Pearce
ABSTAIN: None
I
! \
Adam Birnbaum
Chairman of the
Old Encinitas
Community Advisory Board
ATTEST:
;j./
! /'
Ji~ en~
Junior Planner
JK/94047MIN.SR (6-10-94) 6
ATTACHMENT "A"
Resolution No. OE 94-02
Case No. 94-047MIN
Applicant: Dominick siragusa
Findings: (Code Section, Factual Circumstances, Reasoning,
Conclusion
section 30.74 provides findings applicable to Use Permits:
1. The location, size, design or 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:
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
use or development which is proposed; and
C. The harmful effect, if any, upon environmental quality
and natural resources of the City;
FACTS: The proposed video arcade business is to be located in an
existing lease space with all appropriate services and facilities.
DISCUSSION: The subject lease space is currently vacant. The
1600 sq. ft. space provides adequate area for a video arcade. The
proposed use would be compatible with the existing commercial
character of the surrounding area. The operator of the business
will monitor the activities inside of the business and outside of
the business in order to ensure that loitering or other problems do
not develop.
CONCLUSION: The Use Permit is granted based upon tþe finding
that the site is adequately serviced with all appropriate
facilities, that the commercial area is suitable for the intended
use, and that the proposed use would be compatible with the
existing commercial character of the site.
2. The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of the Municipal Code;
CONCLUSION: The project site is zoned General Commercial and
allows a video arcade with the approval of a minor use permit.
This review process satisfies that requirement.
JK/94047MIN.SR (6-10-94) 7
ATTACHMENT liB"
CONDITIONS OF APPROVAL
Resolution No. OE 94-02
Case No. 94-047 MIN
Applicant: Dominick siragusa
A. This approval will expire in two years on June 23, 1996,
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.
C. Approval of this request shall not waive compliance with
any sections of the Municipal Code and all other
applicable City Ordinances.
D. Permits from other agencies will be required as follows:
California Coastal Commission.
City of Encinitas / San Diego County Sheriff for
entertainment license.
E. The Minor Use Permit is approved as evidenced by the
application dated received by the City of Encinitas on
April 8, 1994, and operations shall not be altered
without Community Development Department, or Community
Advisory Board review and approval, as appropriate.
F. No loitering or consumption of alcoholic beverages
permitted in the vicinity of the business.
G. The applicant shall monitor the use of the business and
ensure that all young people under the age of 16 are
accompanied by a responsible adult or has written
authorization on file from a parent or legal guardian.
During school hours, should the applicant have reason to
believe that any customers are using the business in
absence from school attendance, the appropriate school or
law enforcement authority shall be notified of the
presence of under-aged persons.
H. The business hours as stated in the application shall be
adhered to as the maximum hours of operation: Sunday
through Thursday 10:30 a.m. to 10:00 p.m., and Friday
through Saturday 10:30 a.m. to 11:00 p.m.
1. Community Development Dept. staff shall review the status
of the operations of the subject business 6 months after
the start of business and report the status to the CAB.
JK/94047MIN.SR (6-10-94) 9
3. The project complies with all other regulations, conditions or
policies imposed by the Municipal Code.
CONCLUSION: The project conforms in all other aspects with the
development standards of the Municipal Code.
4. The project is found to be exempt from Environmental Review,
per CEQA section 15061 since there is no new construction or
significant change in use of the property.
JK/94047MIN.SR (6-10-94) 8
staff review shall include any Sheriff's crime reports,
if any, for the immediate vicinity. If conditions
warrant, a public hearing may be set in order for the
Board to review the business operations in more detail.
J. 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
revoke this permit.
K. All doors servicing the business shall remain closed at
all times during business hours in order to limit noise
impacts to the surrounding area.
JK/94047MIN.SR (6-10-94) 10