1991-09
RESOLUTION NO. OE91-09
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY
ADVISORY BOARD APPROVING A MINOR USE PERMIT TO OPERATE A
RESTAURANT WITHOUT COOKING FACILITES WITHIN AN
EXISTING BUSINESS PARK FOR PROPERTY LOCATED AT
523 ENCINITAS BOULEVARD, SUITES 109 & 111
(CASE NUMBER 91-060 MIN)
WHEREAS, a request for consideration of a Minor Use Permit
filed by Mr. Farhad Vahidi to operate an 832 sq ft restaurant
without cooking facilities within an existing business park per
Chapter 30.74 of the City of Encinitas Municipal Code, for the
property located at 523 Encinitas Boulevard, suites 109 & III
legally described as:
Lot 1, of Final Map 10669, County of San Diego Tract No. 4323 in
Encinitas, in the County of San Diego, State of California.
WHEREAS, a public hearing was conducted on the application on
April 25, 1991;
WHEREAS, the Community Advisory Board considered:
1. The staff report dated April 16, 1991;
2. The application, site plan, and floor plan dated received
March 26, 1991 submitted by the applicant;
3. Statement of Justification submitted by the applicant;
4. North Coast Business Park parking inventory dated March 6,
1991;
5. Oral evidence submitted at the hearing;
6. written evidence submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 30.74 of the Encinitas
Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 91-060
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 15301 (e) of the State CEQA Guidelines.
MN\91-060MIN.RES\4-17-91 1
PASSED AND ADOPTED this 25th day of April, 1991, by the
following vote, to wit:
AYES: Cartwright, Lewis, Steyaert
NAYS: None
ABSENT: Cowen
ABSTAIN: None
vi ginia Cartwright,
C irperson of the
0 d Encinitas Community
dvisory Board
ATTEST:
~ ~. ..~
Tom Curriden
Associate Planner
MN\91-060MIN.RES\4-17-91 2
ATTACHMENT "A"
RESOLUTION NO. OE90-09
Case No. 91-060 MIN
Findings for a Use Permit:
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 resourc~s, 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;
Evidence: The Board finds that the proposed restaurant
is compatible with, and accessory to, the office uses
within the business park. The applicant has provided
evidence that all public and private faciliti.es,
including parking, is in place and that they will not be
negatively impacted as it is anticipated that a high
proportion of patrons will be people walking from other
locations within the business park. In addition, no
alteration of the exterior of the tenant space is
proposed and there will be no additional signage other
that which is permitted under the approved sign program
for the center. Finally, the Board finds that the
restaurant will provide a service to the tenant of the
business park which is not currently provided.
2. The impacts of the proposed project will not adversely
affect the policies of the Enqinitas General Plan or the
provisions of this Code.
Evidence: The Board finds that this proposal is
consistent with the Municipal Code and the policies of
the General Plan. The project will not significantly
alter the character of the business park use. In
MN\91-060MIN.ATA\4-16-91 1
addition, no significant increase in traffic to and from
the site will be generated as a result of this use since
the customer base is expected to largely come from
offices within the business park.
3. The project complies with all oth~r regulations,
conditions or policies imposed by this Code.
Evidence: The Board finds that the proposed restaurant
conforms with all zoning Code requirements within the BP
zone including parking requirements, development
standards, and permitted uses.
MN\91-060MIN.ATA\4-16-91 2
STANDARD CONDITIONS
ATTACHMENT "B"
Applicant: Farhad Vahidi
Case No.: 91-060 MIN
Subject: Minor Use Permit to operate an 832 square foot
restaurant without cooking facilities in an
existing Business Park
Location: 523 Encinitas Boulevard, suites 109 and 111
I. SPECIFIC CONDITIONS:
1. 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.
2. All exterior signage shall be subject to the approved
Sign Program for North Coast Business Park.
II. STANDARD CONDITIONS:
GENERAL CONDITIONS
1. This approval will expire in two years, on April 25,
1993, at 5:00 p.m. unless the conditions have been met or
an extension has been approved by the Authorized Agency.
2. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
3. 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 unless specif ically 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 and
floor plan dated March 26, 1991, received by the City of
Encinitas on March 26, 1991, and signed by a City
Official as approved by the Old Encinitas Community
Advisory Board on April 25, 1991, and shall not be
altered without Planning and Community Development
Department review and approval.
MN/02/MSI9-1844wp5 1(4/18/91)
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, may add, amend, or
delete conditions and regulations contained in 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.
MN/02/MS19-1844wp5 2(4/18/91)