2003-045 El Torito Market RESOLUTION NO. 2003-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS
APPROVING A MINOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT
FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT
EL TORITO MARKET, FOR THE PROPERTY LOCATED AT 948 NORTH COAST
HIGHWAY 101 IN THE N-CM-1 (NORTH 101 CORRIDOR SPECIFIC PLAN -
COMMERCIAL MIXED I) ZONE AND WITHIN THE COASTAL ZONE
(CASE NO. 03-012 MIN/CDP; APN: 254-313-08)
WHEREAS, a request for consideration of a Minor Use Permit and Coastal Development
Permit was filed by Hassan Khan to allow the sale of alcoholic beverages for off-site consumption
at E1 Torito Market, in accordance with Chapters 30.74 (Use Permit) and 30.80 (Coastal
Development Permit) of the Encinitas Municipal Code, for the property located in the N-CM-1
(North 101 Corridor Specific Plan - Commercial Mixed 1) zone and within the Coastal Zone,
legally described as:
LOTS 6 AND 7 OF SOUTH COAST PARK, NO. 2, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIlVORNIA, ACCORDING TO THE MAP THEREOF NO.
1859, F1LED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 21, 1925.
WHEREAS, the City Council conducted a noticed public hearing on the application on
September 17, 2003, at which time all those desiring to be heard were heard; and
WItEREAS, the City Council considered, without limitation:
1. The September 17, 2003 agenda report to the City Council with attachments;
2. The General Plan, Local Coastal Program, Municipal Code, North 101 Corridor
Specific Plan, and associated Land Use Maps;
3. Oral evidence submitted at the heating;
4. Written evidence submitted at the heating;
5. Project plans consisting of 2 sheets, including site plan and floor plan, all dated
received by the City of Encinitas on January 21, 2003; and
WHEREAS, the City Council made the following findings pursuant to Chapters 30.74 and
30.80 of the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas hereby
approves application 03-012 MIN/CDP subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the City Council, in its independent
judgment, finds that this project is categorically exempt from environmental review pursuant to
Section 15301 of the California Environmemal Quality Act (CEQA) Guidelines.
PASSED AND ADOPTED this 17th day of September, 2003, by the following vote, to wit:
AYES: Bond, Dalager, Stocks.
NAYS: Guerin, Houlihan,
ABSENT: None.
ABSTA/N: None.
~',~)e~rome S'~cks, Mayor
ATTEST: ~._~
· Debra Cervone
City Clerk
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
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ATTACHMENT "A"
Resolution No. 2003-45
Case No. 03-012 MIN/CDP
FINDINGS FOR THE APPROVAL
OF A MINOR USE PERMIT (CHAPTER 30.74)
AND A COASTAL DEVELOPMENT PERMIT (CHAPTER 30.80)
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the
following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent uses,
residences, buildings, stmcturos or natural resources, with consideration given to, but not
limited to:
a. The inadequacy of public facilities, services and utilities to serve the proposed
project;
b. The unsuitability 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 subject application is to allow for the sale of beer and wine for off-premise
consumption. An existing market currently exists on-site. The use permit application is
required for the sale of beer and wine. No exterior changes or additional floor area is
proposed. All public utilities and services are in place to serve the project.
Discussion: The project proposes to allow sales of alcoholic beverages for off-site
consumption at an existing grocery market, a use allowed by right in the subject N-CM-1
zone. The City learned on consultation with the Encinitas ShefiWs Substation and ABC
that the subject property is not located in a high crime area and the crime rate for the subject
census tract is not considered a high crime rate. Conditions of approval have been added to
ensure compliance with Municipal Code and ABC regulations. No evidence has been
submitted or discovered that would suggest that the proposed use would be incompatible
with, adversely affect or be materially detrimental to adjacent uses, buildings, structures
or natural resources.
Conclusion: With the conditions as presented, the City Council finds that the location, size,
design and characteristics of the proposed use are compatible with, do not adversely affect,
and are not materially detrimental to adjacent uses, residences, buildings, structures or
natural resources.
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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 the Municipal Code; and
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: The subject application is to allow for the sale of beer and wine for off-premise
consumption. An existing market currently exists on-site. The use permit application is
required for the sale of beer and wine. No exterior changes or additional floor area is
proposed. The site is located in a Commercial-Mixed zone located along North Coast
Highway 101. There are approximately 6 outlets for the purchase of beer and wine for off-
site consumption in the near vicinity of the project. ABC indicates that 4 outlets would be
allowed for the subject census tract (177.01), where 4 outlets exist. Because approval of the
project would cause an over concentration of outlets for sale of alcohol for off-site
consumption in the subject census tract, the Council must determine that the project serves
public convenience or necessity pursuant to Section 23958.4(b)2 of the California Business
& Professions Code. City Council Resolution No. 96-37 sets forth standards for
determination of public convenience or necessity.
Discussion: The project proposes to allow sales of alcoholic beverages for off-site
consumption at an existing grocery market, a use allowed by right in the subject N-CM-1
zone. Regarding public convenience or necessity, the application does not support the
standards for public necessity, which would require that the outlet provide "a unique
experience which could not otherwise be met within the City of Encinitas." The subject
grocery store use is a typical grocery store. The standards for public convenience include
demonstration that the premises will have a majority of floor space devoted to food or other
merchandise and a minority of floor space devoted to alcoholic beverages and information
fi.om the Encinitas Substation of the San Diego County Sheriff that similar establishments
have not contributed significantly to the crime rate in the City of Encinitas. The project
floor plan shows that the area to be devoted to alcoholic beverages is a minority of the floor
area of the subject premises. The City leamed on consultation with the Encinitas Sheriff's
Substation and ABC that the subject property is not located in a high crime area and the
crime rate for the subject census tract is not considered a high crime rate. Conditions of
approval have been added to ensure compliance with Municipal Code and ABC
regulations. Conditions of approval have been added to ensure compliance with
Municipal Code and ABC regulations. No evidence has been submitted or discovered
that would suggest that the proposed project would adversely affect the policies of the
Encinitas General Plan or Municipal Code. With the approval of the subject application,
the project will comply with all applicable portions of the Municipal Code.
Conclusion: The City Council finds that the proposed use is compatible with the Encinitas
General Plan, the Municipal Code, and the North 101 Corridor Specific Plan, and that the
project complies with all applicable regulations, conditions and policies imposed by the
Municipal Code. Additionally, the City Council determines that the project serves public
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convenience as per City Council Resolution No. 96-37 and Section 23958.4(b)2 of the
California Business & Professions Code.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible altematives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: The subject application is to allow for the sale of beer and wine for off-premise
consumption. An existing market currently exists on-site. The use permit application is
required for the sale of beer and wine in a commercial zone as per the Encinitas Municipal
Code. No exterior changes or additional floor area is proposed. The site is located in a
Commercial-Mixed zone located along North Coast Highway 101.
Discussion and findings: Finding No. 1 for the Coastal Development Permit requires the
project to be consistent with the certified Local Coastal Program of the City of Encinitas.
With the approval of the Minor Use Permit, the subject project will conform to the
provisions of the Local Coastal Program which includes the General Plan and appropriate
Chapters of the Municipal Code and North 101 Corridor Specific Plan. There are no
potentially significant adverse impacts associated with the project. Therefore, finding No. 2
is inapplicable. Finding No. 3 is inapplicable since the project is not located between the sea
or other body of water and the nearest public road.
Conclusion: The City Council finds that 1) the project is consistent with the certified
Local Coastal Program of the City of Encinitas; 2) that required finding No. 2 is
inapplicable since no significant adverse impact is associated with the project; and 3)
finding No. 3 is inapplicable since the project is not located between the sea or other body
of water and the nearest public road.
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ATTACHMENT "B"
Resolution No. 2003-45
Case No. 03-012 MIN/CDP
Applicant: Hassan Khan, E1 Torito Market
Location: 948 North Coast Highway 101 (APN 254-313-08)
SC1 SPECIFIC CONDITIONS:
SC2 This approval will expire on September 17, 2005 at 5:00 p.m., two years after the approval
of this project, unless the conditions have been met or an extension of time has been
approved pursuant to the Municipal Code.
SC5 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on January 21, 2003, consisting of 2 sheets site plan and floor
plan, all designated as approved by the City Council on September 17, 2003, and shall not
be altered without express authorization by the Planning & Building Department.
SCA All temporary window signage shall not exceed 25% of window area as per Section
30.60.060N of the Municipal Code.
SCB Outdoor storage is prohibited.
SCC All goods and memhandise for sale shall be located inside the existing market to the
satisfaction of the Planning & Building Department.
SCD No outdoor music is permitted as per Sections 30.48.050A(6) and B(4) of the Municipal
Code.
SCE No wine shall be sold with an alcohol content greater than 15% by volume.
SCF No sales of single bottles or cans of beer shall be allowed.
SCG No wine shall be sold smaller than 750 milliliters.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G4 Prior to issuance of the ABC license, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Planning and Building
Director.
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G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
U1 At all times during the effective period of this permit, the responsible party shall obtain and
maintain in valid force and effect, each and every license and permit required by a
governmental agency for the operation of the authorized activity.
U2 In the event that any of the conditions of this permit are not satisfied, the Planning and
Building Department shall cause a noticed hearing to be set before the authorized agency to
determine whether the City of Encinitas should revoke this permit.
U3 Upon a showing of compelling public necessity demonstrated at a noticed heating, the City
of Encinitas, acting through the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit.
U4 Nothing in this permit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by
this permit.
U5 Nothing in this pemait shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a use permit contained in Section 30.74.105 of the
Municipal Code. Modifications beyond the scope described therein will require submittal
and approval of an amendment to the use permit by the authorized agency.
UA1 The applicant shall be responsible for maintaining the areas adjacent to the subject
establishment over which the applicant has control free of loiterers and litter. The applicant
shall also be responsible to insure that no consumption of alcoholic beverages takes place in
those areas.
UA6 Sales of alcoholic beverages shall only be permitted between the hours of 8:00 a.m. and 9:30
p.m.
UA7 Upon receipt of any substantiated complaint(s) regarding the operation of the business
which is the subject of this permit, the City may, upon proper notification of the owner
and/or applicant and acting through the authorized agency, conduct a hearing to determine if
the conditions of approval need to be modified or whether the permit should be revoked.
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