1992-16
RESOLUTION NO. OE92-16
A RESOLUTION OF THE OLD ENCINITAS
COKKUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR
SHARED PARKING WITH COLLECTIONS 101 LOCATED AT 1010 FIRST
STREET TO PROVIDB 9 PARKING SPACES ENABLING THE EXPANSION OF
THE POTATO SHACK RESTAURANT INTO ADJACBNT RETAIL SPACE IN THE
GC ZONE FOR PROPERTY LOCATED AT 120 WEST I STREBT
(CASE NUMBER 92-112 MIN)
WHEREAS, a request for consideration of a Minor Use Permit was
filed by Mr. Jim Ciancimino for shared parking with Collections 101
located at 1010 First street to provide an additional 9 parking
spaces enabling the expansion of the Potato Shack Restaurant into
adjacent retail space in the GC zone per Chapter 30.74 of the City
of Encinitas Municipal Code, for the property located at 120 west
I street, legally described as:
Lots 9 and 10 in Block 9 of Encinitas Townsite, according to
Map thereof No. 148, filed in the Office of the County
Recorder of San Diego County, June l2, 1883. ~
WHEREAS, a public hearing was conducted on the application on
July 29, 1992;
WHEREAS, the Community Advisory Board considered:
1. The staff report dated July 17, 1992
2. The application, statement of Justification, site plan,
floor plan and elevations submitted by the applicant on June
23, 1992 and revised on July 17, 1992;
3. Parking Study from BDI Inc. dated June 1, 1992
4. Letter to Mr. Greg Frumkin from BDI Inc. regarding sharing
of 9 additional parking spaces at Collections 101 lot for the
Potato Shack dated June 1, 1992
5. Addendum to Parking Study from Darnell & Asscts. dated
June 24, 1992
6. Letter from Mr. Greg Frumkin to Community Development
Department regarding Addendum to Parking Study dated June 26,
1992
7. Oral evidence submitted at the hearing;
8. written evidence submitted at the hearing; and
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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
92-112 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.
PASSED AND ADOPTED this 29th day of July 1992, by the
following vote, to wit:
AYES: cartwright, Birnbaum, Steyaert
NAYS: None
ABSENT: Lewis
ABSTAIN: None ~~~~r
1rg1n1a ar wr1g ,
Chairperson of
the Old Encinitas
Community Advisory Board
ATTEST:
~~~
Tom Curriden
Associate Planner
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ATTACHKENT nAn
.I
Resolution No. OE92-16
Case No. 92-112 MIN
Applicant: Potato Shack/Jim Ciancimino
Findings for a Minor 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. In reference to the Municipal Code section 30.74.070 Bl, 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
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 proposal is to expand the existing Potato Shack
Restaurant into adjacent vacant retail space and to utilize 9
surplus parking spaces from Collections 101 located south of
the site across I street at 1010 first street. Employees of
the Potato Shack are required to park at the off-site parking
lot to enable customers to park at the 18-space parking lot
on-site. All public improvements are in place and no exterior
building alterations are proposed with exception of minor
window and door modifications to meet Building Codes. A
Parking study dated June 1, 1992 and Addendum dated June 24,
1992 was prepared by BDI, Inc. This study states that
sufficient surplus parking is available in the morning and
afternoon to provide 9 parking spaces for use by the Potato
Shack Restaurant.
Discussion: section 30.54.050 of the Municipal Code provides
for shared parking facilities of a use considered to be
primarily day-time use with another use considered to be
primarily a night-time use with the issuance of a Minor Use
Permit. The Parking Study prepared by BDI, Inc. indicates
that there is sufficient parking available in the lot located
at 1010 First Street to provide the needed 9 parking spaces
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for Potato shack employees during the morning and early
afternoon hours of operation. In addition, the 18 space
parking lot on the Potato Shack site will be made available
for customers. All public facilities and services are
existing and changes are proposed. There is no evidence that
the approval of this restaurant expansion will negatively
affect the environment. the restaurant has existeà for
several years and is compatible with the surrounding
commercial uses. Finally, since the restaurant closes at 2:00
p. m., there is no parking conflicts wi th the surrounding
restaurant which have a high parking demand in the evening
hours.
Conclusion: Therefore, the Board finds that the Potato Shack
expansion compatible with the surrounding commercial
businesses since adequate parking is provided off-site for
Potato Shack employees which enables customers to park in the
18-space parking lot on-site.
2. In reference to the Municipal Code Section 30.74.070 B2, the
impacts of the proposed project will not adversely affect the
policies of the Encinitas General Plan or the provisions of
this Code.
Facts: The proposal is to expand the Potato Shack Restaurant
into adjoining retail space. The applicant is providing the
required 9 additional parking spaces (at the 1 space per 75 sq
ft floor area) at the lot to the south located at 10l0 First
Street. The Parking Study dated June 1, 1992 and Addendum
dated June 24,1992 prepared by BDI, Inc. states that there is
sufficient surplus parking in the parking lot during the
morning and afternoon hours to provide the requested 9 spaces.
Discussion: The Municipal Code and the policies of the
General Plan explicitly provide for shared or joint use
parking with the issuance of a Minor Use Permit. A condition
is provided in the Draft Resolution requiring that, to provide
all on-site parking spaces for customers, employees shall park
at the off-site lot located at 1010 First Street. In
addition, in order to ensure that the Potato Shack customers
are aware that the adjacent Motel parking lot is for Motel
Villa Mar customers only, a condition in the Draft Resolution
requires that a sign stating this be placed at the front
entrance to the restaurant.
Conclusions: Therefore, with the provision of the additional
9 parking spaces at 1010 First Street, the requirement that
Potato Shack employees provide the on-site parking for
customers, and that a sign be visible to customers advising
them not to park in the Motel Villa Mar parking lot, this
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project will comply with the Municipal Code and the Policies
of the General Plan.
3. In reference to the Municipal Code section 30.74.070 B3, the
project complies with all other regulations, conditions or
policies imposed by this Code.
Facts: This proposal is for the expansion of the Potato Shack
Restaurant into adjacent retail space with the provision of an
additional 9 parking spaces for employees provided off-site at
1010 First Street.
Discussion: The ,proj ect is in conformance with all other
regulations, conditions or policies of this Code including
restaurant use regulations, handicapped parking and access
requirements and sidewalk dining requirements. In addition,
there is a condition which requires that the expansion use be
discontinued if the 9 off-site parking space agreement is
revoked.
Conclusions: Therefore, the proposed expansion of the Potato
Shack Restaurant with 9 off-site parking spaces located at
1010 First Street will comply with other conditions or
policies imposed by this Code.
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ATTACJDŒNT "B"
Resolution No. OE92-16
Case No. 92-112 MIN
Applicant: Potato Shack/Jim Ciancimino
Conditions:
A. Buildina Deoartment
1. A handicapped parking space is required at the south end
of the on-site parking lot. A complete Building Inspection
plan check will be performed at plan submittal.
B. Fire Deoartment
1. Prior to building permit issuance, applicant shall submit
a statement from the Fire District to the Community
Development Department indicating that all development impact,
plan check and/or cost recovery fees have been paid.
2. Address numbers shall be clearly visible from the street
fronting the structure.
C. Enaineering
None
D. Community Develooment
I. SPECIFIC CONDITIONS
1. The 18 space on-site parking lot shall be made available
for customers of the Potato Shack and other businesses on the
site. All Potato Shack employees shall park off-site at 1010
First Street at the south end of the lot.
2. A sign shall be placed in a visible location at the
entrance of the Potato Shack which states that no customer
parking is permitted in the Motel Villa Mar parking lot along
the east side of the alley.
3. At any time the lease agreement for off-site parking at
1010 First Street is terminated by either party and substitute
parking has not been provided to the satisfaction of the
Community Development Department, the Use Permit shall be
deemed null and void and the use shall be required to come
into compliance with all provisions of the Municipal Code.
4. Prior to Building Permit issuance, the applicant shall
sign a covenant which records the conditions of this permit.
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5. The expanded portion of the Potato Shack may be open for
breakfast and lunch, but must close by 2:00 p.m.
II. STANDARD CONDITIONS
GENERAL CONDITIONS
1. This approval will expire in two years, on July 29, 1994
at 5:00 p.m. unless the conditions have been met or an
extension has been approved by the Authorized Agency.
2. 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 here.
3. The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing code,
National Electric Code, Uniform fire Code, and all other
applicable codes and ordinances in effect at the time of
building permit issuance unless specifically waived here.
4. Permits from other agencies will be required as follows:
State Coastal Commission
5. Project is approved as submitted/modified as evidenced by
the site plan, floor plans, and elevations dated received by
the City of Encinitas on July 17, 1992, and signed by a City
Official as approved by the Old Encinitas Community Advisory
board on July 29, 1992, and shall not be altered without
Community Development Department review and approval.
6. A proponent or protestant of record may appeal a final
decision of the hearing body by filing the appeal within
fifteen (15) calendar days of the hearing body's decision
pursuant to Chapter 1.12 of the Encinitas Municipal Code.
SITE DEVELOPMENT
7. The applicant shall pay development fees at the
established rate. Such fees may include, but not be limited
to: Permit and Plan Checking Fees, School Fees, Water and
Sewer Service Fees, Traffic Fees, Drainage Fees, Fire
Mitigation Fees, and Park Fees. Arrangements to pay these
fees shall be paid prior to Building Permit issuance or as
deemed necessary by the appropriate agency.
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PARKING AND VEHICULAR ACCESS
8. Driveways shall meet the standards of the Zoning
Ordinance, Public works Standards, and the Offstreet Parking
Design Manual.
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