Loading...
1997-01 RESOLUTION NO. PC 97-01 A RESOLUTION OF TIlE PLANNING COMMISSION APPROVING A MAJOR USE PERMIT TO ALLOW ON-SITE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES (LIQUOR) IN CONJUNCTION WITH AN EXISTING RESTAURANT USE FOR PROPERTY LOCATED AT 267 NORTH EL CAMINO REAL, SUITE" A" (CASE NUMBER 96-222 MUP) WHEREAS, a request for consideration of a Major Use Pennit was filed by J:osef Renn1eitner of L ' Affaire Restaurant to allow for liquor sales and consumption in conjunction with an existing restaurant, in accordance with Chapter 30.74 of the Municipal Code; and WHEREAS, a public hearing was conducted on the application on January 9~ 1997, by the Encinitas Planning Commission; and WHEREAS, the Planning Commission considered, without limitation: 1. The stafIreport to the Planning Commission with attachments dated January 9,1997; 2. Application and associated materials including a floor plan, all dated received November 26, 1996; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS, the Planning Commission made the following findings pursuant to Chapter 30.74 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 96-222 MUP subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission in its independent judgment found the project exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. CD! em! g:I cluisl96222mup .res PASSED AND ADOPTED this 9th day of January, 1997, by the following vote, to wit: AYES: Commissioners Bagg, Jacobson, Lanham, Patton, Wells NAYS: None ABSENT: None ABSTAIN: None ATTEST: - T2i( uJ~~A Sandra L. Holder Secretary , CD! em! g:l chrisI96222mup.res ATTACBMENT"A" Resolution No. PC 97-01 Case No. 96-222 MUP FINDINGS 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 infonnation 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; and c. The hannfu1 effect, if any, upon environmental quality and natural resources of the city; Facts: The proposed project is for the sale and on-site consumption of alcoholic beverages (liquor). The existing restaurant is located in an existing commercial center in the General Commercial (GC) zone. Section 30.09 of the Encinitas Municipal Code specifies that on- site alcohol sales and consumption with any use in the GC zone requires a Major Use Pennit. ' Discussion: The existing restaurant is located in a center with a variety of retail and commercial uses. With regard to compatibility with surrounding uses, the restaurant has been located at this site for approximately eight years. There are existing restaurants in the center which also have associated sales and on-site consumption of alcoholic beverages. There is no evidence to suggest that the proposed use would have any adverse impact on other nearby uses. With incorporation of Specific Conditions in Section I of Attachment "B" to this resolution, no adverse effects are identifiable. Additionally, no objections or adverse comments were received from the Encinitas SherifI's Department regarding this application. One letter of support was received from a nearby resident. All utilities are in place to serve the establishment and it has been found exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines. CD! em! g:1 cluisI96222m up.res Conclusion: The project will be served by existing facilities, will be compatible with adjacent uses and is of appropriate intensity for thè site, and is exempt from environmental review in accordance with CEQA. 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 proposed project is to allow on-site consumption of alcoholic beverages (liquor). The existing restaurant is located ín an existing shopping center in the General Commercial (GC) zone. Discussion: The use permit process is intended as a means to insure compatibility with the site and surrounding uses, which will be ensured with incorporation of the conditions of approval. The project complies with all of the applicable development standards contained in Title 30 of the Municipal Code. Conclusion: The Commission detennines that the proposed project will not conflict with the Encinitas Municipal Code or General Plan. CD! em! g:l cluisI96222mup.res ATTACHMENT "B" RESOLUTION NO. PC 97-01 CONDITIONS OF APPROVAL Applicant: Josef Renn1eitner (L' Affaire Restaurant) Case No: 96-222 MUP Project Description: Major Use Pennit for on-site sale and consumption of alcoholic beverages (liquor) within an existing restaurant. Location: 267 North EI Camino Real, Suite "A" I. SPECIFIC CONDmONS A. The applicant shall be responsible for maintaining the areas adjacent to the subject. establishment over which the applicant has control free of loiterers. or litter. The applicant shall also be responsible to insure that no consumption of alcoholic beverages takes place in said areas. B. No sales of alcoholic beverages for consumption off-premises is authorized through this permit. C. Live entertainment and dancing shall be prohibited on the premises. D. The applicant shall execute and record a covenant setting forth the terms and conditions of this approval to the satisfaction of the Community Development Department. ß. STANDARD CONDITIONS A. This approval will expire in two yearS, on January 9, 1999, at 5:00 p.m., unless the conditions have been met or an . extension has been aþproved by the Authorized Agency. B. This approval may be appealed to the authorized agency within. 15 calendar days from the date of this approval. C. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect,. ~ach and every license and permit required by a governmental agency for the operation of the authorized activity. CD! em! g:l cluisl96222mup.res . D. 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 authorized agency to determine why the City of Encinitas should not revoke this pennit. E. 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 pennit. F. Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City Ordinances in effect at the time of Permit issuance unless specifically waived herein. G. Pennits from other agencies will be required as follows: Department of Alcoholic Beverage Control. CD! cmlg:lduisl96222mup.res ._._~...._.~~...,. ._,~~.,"~~-" "