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1997-06 RESOLUTION NO. PC-97-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINIT AS APPROVING A MAJOR USE PERMIT MODIFICATION TO CONDITION 2A OF RESOLUTION PC-95-02 TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL LICENSE CHANGE TO PERMIT INDMDUALS UNDER 21 YEARS OF AGE INTO AN EXISTING BILLIARDS ESTABLISHMENT WITH ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES AND TO ALLOW FOR A BUSINESS CLOSING TIME OF 2 A.M. FOR PROPERTY LOCATED AT 1454 ENCINITAS BOULEVARD (Case No. 96-229 MUP-MOD; APN: 259-121-14) WHEREAS, Robert Moore / Pacific Q Billiards applied for a Major Use Permit Modification pursuant to Chapter 30.74 of the Municipal Code to modify Condition 2.A of Resolution PC-95-02 to allow individuals under 21 years of age into an existing Billiards establishment with the on-site consumption of alcoholic beverages and to amend the hours of operation to allow for a business closing time of2 a.m.; and WHEREAS, the property is located at 1454 Encinitas Boulevard and is legally described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, AND MORE PARTICULARLY DESCRIBED IN DOCUMENT #1994-0149600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1994; and WHEREAS, the Planning Commission conducted a Public Hearing on the application on January 23 and continued the hearing to February 13, 1997; and considered without limitation: 1. The Agenda Reports for the January 23 and February 13, 1997 Planning Commission meetings; 2. The adopted General Plan, Zoning Code, Major Use Permit 94-232, and associated Land Use Maps; 3. Oral and written evidence received at the Public Hearing; 4. Written evidence submitted with the application; and cdIcro/f:96-229pc2(2-13-97) ." " WHEREAS, the Planning Commission, in its independent judgment, fmds this project to be categorically exempt fÌ'om environmental review pursuant to Section 15321(a) of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the Planning Commission made the required findings pursuant to Chapter 30.74 (Use Permits) of the Municipal Code, as follows: (See Exhibit II 1 ") NOW THEREFORE, BE IT RESOLVED that the application for a Major Use Permit Modification, Case No. 96-229, is hereby approved subject to the following conditions: A. STANDARD CONDITIONS: 1. This approval will expire on February 13, 1999, two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to Municipal Code standards. 2. This approval may be appealed to the City Council within 15 calendar days fÌ'om the date of this approval pursuant to Chapter 1.12 of the Municipal Code. . 3. At no time during the effective period of this permit shall the applicants be delinquent in the payment of taxes or other lawful assessments relating tó the property which is the subject of this permit. 4. In the event that any of the conditions of this permit are not satisfied, the 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 permit. 5. 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. B. COMMUNITY DEVELOPMENT DEPARTMENT: The permittee shall contact the Community Development Department regarding compliance with the following conditions: 1. The Major Use Permit Modification is approved as set forth in the application materials dated received by the City on December 4, 1996, or as may be modified by the Planning Commission. All terms and conditions of Major Use Permit 94-232 (Resolution PC-95-02) shall remain in full force and effect unless specifically waived or modified herein. Condition number 2A of Resolution PC-95-02 is hereby amended to allow individuals under 21 years of age within the Billiards establishment subject to approval of a Type 40 License by the State Department of Alcoholic Beverage Control and the additional conditions contained herein. cdIcro/f:96-229pc2(2-13-97) 2. This Major Use Permit Modification allows individuals under 21 years of age within the existing billiards establishment ttom the open of business until 7 p.m. unaccompanied by an adult 21 years of age or older. After 7 p.m. all individuals under 21 years of age must be accompanied by someone 21 years of age or older. All persons under 18 years of age are prohibited ttom the establishment after 9 p.m. to closing. The close of business shall be consistent with the limitations established by the State Department of Alcoholic Beverage Control License 40 requirements. 3. Approval of this request does not waive compliance with any section of the Municipal Zoning Code and all other applicable City Ordinances unless specifically waived herein. 4. This Major Use Permit Modification does not permit the expansion of the establishment's square footage or any other intensification of the use approved by Major Use Permit 94-232 except as permitted herein. 5. Prior to initiation of any use upon reliance of this Permit, the applicant shall secure all appropriate approvals required ttom the State Department of Alcoholic Beverage Control. 6. The permittee shall submit to the Community Development Department a Covenant or Agreement regarding the rental location which sets forth this grant of approval. The Covenant or Agreement shall be in form and content satisfactory to the Community Development Director. 7. The sale of alcoholic beverages (i.e.: packaged beer) for consumption off-premises is prohibited. Live entertainment and dancing shall be prohibited on the premises. Security shall be provided on the premises fÌ'om 5:00 p.m. to closing. The applicant shall be responsible for maintaining the areas adjacent to the subject establishment over which the applicant has control, including adjacent parking areas, ttee of loiterers and litter. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. The use shall be maintained as a billiard parlor and not as a bar; and exterior advertising of alcoholic beverage sales is prohibited. PASSED AND ADOPTED this 13th day of February 1997, by the following vote, to wit: AYES: Lanham, Jacobson, Wells, Patton NAYS: Bagg ABSENT: None ABSTAIN: None r sion, City of Encinitas ATTEST: ~ ~ tzkL_~ ~ Sandra L. Holder Secretary EXHIBIT" 1 " RESOLUTION NO. PC-97-06 Findings Pursuant to Section 30.74.070 (Use Permits) of the Encinitas Municipal Code: Standard: Section 30.74.070.B (Use Permits) states that an application for a use permit shall be approved unless fmdings of fact are made based upon the information presented in the application or during the public 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 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; I b. The unsuitability of the site for the type and intensity of use or deve1opment which is proposed; and c. The harmful effect, if any, upon environmental quality and natural resources of the City. lam: The application is a request for Major Use Pemùt Modification to allow individuals under 21 years of age into an existing' billiards establishment with on-site consumption of alcoholic beverages' (beer only) given proper State Department of Alcoholic Beverage Control approval of a Type 40 License change. Discussion: . All required public facilities and utilities are available to the site in conjunction with the existing development on the property. All roadway improvements, water service, sewer service and landscaping are currently provided within the existing commercial development. No evidence has been submitted to indicate that the on-going billiards operation has caused any adverse affect or has been detrimental to any adjacent uses, , residences, or other neighborhood resources. The Major Use Permit Modification has been conditioned to allow individuals under 21 years of age within the existing billiards establishment ttom the open of business until 7 p.m. unaccompanied by an adult 21 years of age or older. After 7 p.m. all individuals under 21 years of age must be accompanied by someone 21 years of age or older. All persons under 18 years of age are prohibited ttom the establishment after 9 p.m. to closing. Conclusion: Therefore, the Planning Commission finds that adequate public facilities, services and utilities are available to the site and that the intensity of the modified use is found to be compatible with the existing Commercial Center and with existing commercial and residential development on adjacent properties. The project will pose no harmful effect upon environmental quality and natural resources of the City. 2. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and 3. The project complies with all other regulations, conditions or policies imposed by the Municipal Code. lam: The General Commercial Zone allows billiard establishments by right and the associated sale of on-premise alcoholic beverages requires Major Use Permit approval pursuant to Chapter 30:09 of the Municipal Code. Separate approval is required ttom the State Department of Alcoholic Beverage. Control for licensing the sale of alcoholic beverages. Discussion: No evidence has been submitted to indicate that the use would adversely affect the policies of the Encinitas General Plan or the provisiòns of the Municipal Code and, with the issuance of the Major Use Permit Modification, the use complies with all other regulations, conditions or policies imposed by the Municipal Code. Conclusion: Therefore, the Planning Commission finds that the Major Use Permit Modification will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and that the Major Use Permit Modification approval complies with all other regulations, conditions or policies imposed by the Municipal Code.