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1991-14 RESOLUTION NO. OE91- 14 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT TO ALLOW OUTDOOR SEATING FOR AN EXISTING RESTAURANT PROPERTY LOCATED AT 1137 REGAL ROAD, ENCINITAS (CASE NUMBER 91-118 KIN) WHEREAS, a request for consideration of a Minor Use Permit was filed by Carl Karcher Enterprises, Inc./Nancy Patterson to allow outdoor seating for an existing restaurant (two tables that seat two persons and three tables that seat four persons) per Chapter 30.74 of the City of Encinitas Municipal Code, for the property located at 1137 Regal Road in Old Encinitas described as: ATTACHMENT "A" WHEREAS, a public hearing was conducted on the application on July 25, 1991; WHEREAS, the Old Encinitas Community Advisory Board considered: 1. The staff report dated July 9, 1991; 2. The application, and site plan, dated received June 27, 1991 submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. 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: 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 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. mmb\91-118 min res\7-25-91 , 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of this Code; or 3. The project fails to comply with any other regulations, conditions or policies imposed by this Code. Evidence: Public services and facilities are available for the proposed project as this is an existing restaurant. The existing establishment is suitable for the proposed addition of outdoor seating since there is a surplus of 11 parking spaces on the site and the outdoor area is distant from, and will not adversely impact any adjoining uses in terms of noise. The project is located in the General Commercial zone, which allows for restaurant uses. Outdoor seating is permitted with a Minor Use Permit. The area designated for outdoor seating is currently being used by patrons as an eating area, although there are no tables. The project provides for a total of five tables; two tables that seat two people and three tables that seat four persons. No umbrellas are proposed as the existing tree will remain and provides sufficient shade. Further, this project will not have any harmful effects upon the environmental quality and natural resources of the city. There are no known impacts that would adversely affect the policies of the General Plan or the provisions of the Zoning Code. The proposed project is compatible with the land use map designation and zoning map designation for a general commercial zone. NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 91-118 MIN is hereby approved subject to the following conditions: 1. This approval will expire in two years, on July 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 Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. mmb\91-118 min res\7-25-91 4. Permits from other agencies will be required as follows: a. Coastal Commission 5. project is approved as evidenced by the site plan and elevations received by the City on June 27, 1991 and approved by the Old Encinitas Community Advisory Board on July 25,1991, and shall not be altered without Planning and Community Development Department review and approval. 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. 9. Prior to final recordation or development approval, the applicant shall submit to the Planning Department 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 Fire District. 10. The applicant shall submit a revised site/landscape plan indicating addi tional shrubs wi thin the planter area along the northeasterly property boundary to help screen the use from nearby residences, to be found satisfactory by the Community Development Dept. prior to permit l.ssuance. 11. The applicant shall replace the "entrance" directory sign near the southerly driveway onto Golden Rd. in accordance wi th Municipal Code requirements to be found satisfactory by the Community Development Dept. prior to permit issuance. 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. mmb\91-118 min res\7-25-91 PASSED AND ADOPTED this 25th day of July, 1991, by the following vote, to wit: AYES: Birnbaum, Cartwright, Lewis, Steyaert NAYS: None ABSENT: Cowen ABSTAIN: None ATTEST: ----, , -:- ~,;/- ~ ""-----" ~ -1... / .-' ",;-.---7 -1...- ----, t> ~ ¥_. -~-_.~- Tom Curr1den, Associate Planner mmb\91-118 min res\7-25-91