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.
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,
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.
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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.
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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:
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Tom Curr1den, Associate Planner
mmb\91-118 min res\7-25-91