1997-45
RESOLUTION NO. PC 97-45
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ENCINIT AS APPROVING
A MINOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT
TO ALLOW THE EXPANSION OF ON-SALE BEER AND WINE
CONSUMPTION WITHIN AN EXISTING OUTDOOR SEATING AREA
FOR PROPERTY LOCATED AT 515-519 SO. COAST HIGHWAY 101
(CASE NO. 97-103 MIN/CDP)
WHEREAS, Shoja Naimi applied for a Minor Use Pennit and Coastal Development Permit
to allow for the expansion of beer and wine sales to an existing outdoor seating area, pursuant to
Section3.2.3-A-2 of the Downtown Encinitas Specific Plan, and Chapters 30.74 (Use Permits) and
30.80 (Coastal DevelopmentPennits) of the Municipal Code of the City of Encinitas; for property
located at 515-519 So. Coast Highway 101, Encinitas, further described as:
Lots 15. and 16 of Block 59 of ENCINIT AS, in the County of San Diego, State of
California, according to the Map thereof No. 148, filed in the office of the County
Recorder of said County on June 12, 1883.
WHEREAS, a public hearing was conducted on the application by the Planning
Commission on July 10, 1997 and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Project Plans including Site Plan dated received by the City of Encinitas May 23,
1997, consisting of one sheet total;
b. Written information submitted with the application;
c. Oral testimony ftom staff, applicant, and public made a part of the record at said
public hearing;
d. Planning Commission staff report prepared for the meeting of July 10, 1997 which
is on file in the Department of Community Development;
e. The General Plan, Zoning Code, Downtown Encinitas Specific Plan, Associated
Land Use Maps and the Local Coastal Plan; and
g\reso\rpc97109.doc Last edit: 7/16/97
f. Additional written documentation.
WHEREAS, the Planning Commission of the City of Encinitas made the following findings
pursuantto Chapters 30.74 and 30.80 of the EncinitasMunicipal Code:
SEE ATTACHMENT II A II
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Encinitas that application 97-}02 MIN/CDP is hereby approved subject to the following
conditions:
SEE ATTACHMENT liB II
BE IT FURTHER RESOL VED that the Planning Commission in its independent judgment
finds that this project is exempt fÌ'om environmental review, pursuant to Section 15061-3 of the
California Environmental Quality Act Guidelines.
PASSED AND ADOPTED this 10th day of July 1997, by the following vote, to wit:
AYES: Jacobson, Lanham, Patton, Wells
NAYS: Bagg
ABSENT: None
ABSTAIN: None
Alice Jacobson, .
rperson
of the Planning ISSlon
of the City ofEncinitas
ATTEST:
~uL. A
Sandra older, Secretary
,
g\reso\tpc97109.doc Last edit: 7/16/97
ATTACHMENT "Aft
FINDINGS
Resolution No. PC- 97-45
Case No. 97-103 MIN/CDP
Applicant: Naimi
I. MINOR USE PERMIT
Use Permit - Municipal Code Section 30.74.040
Standard: A decision to approve a Minor Use Permit must be based upon the writteø
fmdings found in Section 30.74.070 of the Municipal Code:
An application for Use Permit shall be approved unless findings of fact are made based upon the
information presented in the application or during the hearings 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, structures 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; al\d
c. The harmful effect, if any, upon environmental quality and ~atural resources of
the City. I
2. The impacts of the proposed project will adversely affect the polièies 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.
No substantial evidence has been submitted to support any of the above conclusions.
II. COASTAL DEVELOPMENT PERMIT
Standard: A decision to approve a Coastal Development Permit must be based upon the
written findings found in Section 30.80.090 of the Municipal Code:
.
g\Ieso\rpc97109.doc Last edit: 7/16/97
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 21000 and following in
that there are no feasible mitigation measures or feasible alternatives available which would
substantially lessen any significant adverse impact that the activity may have on the
environment.
Facts: The subject application includes a Minor Use Pennit and Coastal Development
Pennit request to allow for the expansion of beer and wine sales to an existing outside
seating area. The existing business has a general sales pennit ftom Alcoholic Beverage
Control for alcohol consumption.
DiscussiOD: The existing restaurant relies upon a valid ABC permit issued for on-sale
alcohol consumption; the use permit and coastal permit authorize an expansion of this use.
This expansion is considered minor in nature, and as per the use pennit fmdings discussed
above, no adverse impacts regarding the proposed use.
Conclusion: The Planning Commission finds that the proposed use, having received review
and analysis by the City, will not create any significant adverse impacts to the surrounding
area.
The sidewalk dining use promotes downtown pedestrian activity, as per Section 2.1 of the
Downtown Encinitas Specific Plan.
g\reso\tpc97109.doc Last edit: 7/16/97
ATTACHMENT "B"
CONDITIONS
Resolution No. PC- 97-45
Case No. 97-103 MIN/CDP
Applicant: Naimi
A. SPECIFIC CONDITIONS
1. The applicant shall be responsible for. maintaining the areas adjacent to the subject
establishment over which the applicant has control ftee of loiterers and litter. The
applicant shall also be responsible to insure that no consumption of alcoholic beverages
takes place in those areas.
2. The quarterly sales of alcoholic beverages shall not exceed 25% of the quarterly gross
sales of all food products during the same period.
3. No sales of alcoholic beverages for consumption off-premises is authorized through
this permit.
4. No pool tables or coin-operated amusement devices shall be permitted, maintaineq, or
operated on the premises.
5. Live entertainment and dancing shall be prohibited on the premises.
6. No wine shall be sold with an alcoholic content greater that 15% by volume.
7. Sales, service, and consumption of alcoholic beverages shall only be permitted during
normal business hours, or as limited by the permit issued by ABC.
8. 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 acting through the lead agency, conduct a hearing to determine if the conditions of
approval need to be modified or whether the permit should be revoked.
B. GENERAL CONDITIONS
1. This approval will expire in two years, on July 10, 1999, 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 City Council within 15 calendar days ftom the
date of this approval.
3. The licensed area for beer and wine sales and consumption shall be provided with an
enclosure, to the satisfaction of Alcoholic Beverage Control. All conditions and
g\reso\tpc97109.cJoc Last edit: 7/16/97
~~
requirements of City encroachment permit no. 4710PE shall be maintained, to the
satisfaction of the Engineering Services Department.
4. At all times during the effective period of this permit, the applicant 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.
5. At no time during the effective period of this permit shall the applicant be delinquent in
the payment of lawful assessments relating to the property which is the subject of this
permit.
~ 6. In the event that any of the conditions of this pennit are not satisfied, the Community
Development Department shall cause a noticed hearing to be set before the au~orized
agency to determine why the City of Encinitas should not revoke this permit.
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 relieve the applicant ftom complying with the conditions
and regulations generally imposed upon activities similar in nature to the activity
authorized by this permit.
9 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that specifically described in this permit.
10. 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 construction
unless specifically waived herein.
11. The appl!cant 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 if applicable.
12. Project is conditionally approved as submitted as evidenced by the Project Plans,
including Site Plan dated received by the City of Encinitas May 23, 1997, consisting of
one sheet total.
13. The applicant shall pay development fees at the established rate. Such fees may
include but shall not be limited to: Pennit and Plan Checking Fees, School Impact '
Fees, Water and Sewer Service Fees, Traffic Impact Fees and Drainage Fees.
Arrangement shall be made to the satisfaction of the appropriate department or agency
to pay the fees prior to Building Permit issuance.
g\resoI1pc97109.doc Last edit: 7/16/97
THE APPLICANT SHALL CONTACT THE EN CINIT AS FIRE DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
C. FIRE
1. Exits shall not be blocked, obstructed or otherwise impaired in any manner due to the
tables, chairs, planters or any other items located on the sidewalk.
2. Submit a to-scale plan showing the tables and all other items within the sidewalk, to the
satisfaction of the Fire Department.
3. The existing restaurant seating layout and occupant load shall conform to the
requirements of the Uniform Fire and Building Codes.
4. Address numbers shall be placed in a location that will allow them to be clearly visible
ftom the street ftonting the structure. The height of the numbers shall conform to Fire
Department standards.
5. Prior to starting any operations in reliance upon this permit, the applicant shall submit a
letter ftom the Fire Department to the Department of Community Development stating
that all fees, including plan check reviews and/or cost recovery fees, have been paid or
secured to the satisfaction of the Encinitas Fire Department.
APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT
IŒGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
D. ENGINEERING:
1. The existing unauthorized shade cover extending over the right-of-way shall be
modified to the satisfaction of the Engineering Services Department by July 31, 1997,
such that no element projects closer than three feet ftom the edge of curb. All
necessary building, encroachment and other applicable pennits must be obtained ftom
the appropriate City Departments. No sales of beer & wine within the outdoor seating
area shall be allowed until this condition is satisfied.
2. No street furniture, planters, tables, chairs or other objects shall be placed within a 3 ft.
setback ftom the face of Pie adjacent curb.
3. Any existing planter areas within the sidewalk area shall be fitted with iron grates to
eliminate trip hazards, to the to the satisfaction of the Engineering Services
Department.
4. A clear sidewalk path of 4 ft. shall be established and maintained in nont. of the
business to the satisfaction of the Engineering Services Department by July 31, 1997.
g\reso\rpc97109.cIoc Last edit: 7/16/97