1996-26
RESOLUTION NO. PC 96-26
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING A MAJOR USE PERMIT AND COASTAL DEVELOPMENT
PERMIT TO ALLOW ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES
IN CONJUNCTION WITH A RESTAURANT ESTABLISHMENT PROPOSED TO
BE LOCATED IN THE EN CINIT AS RANCH COMMERCIAL CENTER
(CASE NUMBER 96-129 MUP/CDP)
WHEREAS, a request for consideration of a Major Use Pennit was filed by Pastabravo, Inc. to
allow on-site consumption of beer and wine in conjunction with a restaurant proposed to be located
within the Encinitas Ranch Town Center, located at 1042 N. EI Camino Real, Suite J-05, in
accordance with Section 6.9.1 of the Encinitas Ranch Specific Plan and Chapters 30.74 and 30.80
of the Municipal Code, for the property legally described as:
Lot 25 in Unit I of Encinitas Tract No. 94-066, according to the Map thereof No. 13333,
filed in the Office of the County Recorder of San Diego County on June 3,1996;
WHEREAS, a public hearing was conducted on the application on September 19, 1996, by the
Encinitas Planning Commission; and
WHEREAS, the Planning Commission considered, without limitation:
1. The staff report to the Planning Commission with attachments dated September 19, 1996;
2. Application and associated materials including Statement of " Justification and plot plan
consisting of one sheet, all dated received August 8, 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 Chapters 30.74
and 30.80 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 96-129 MUP/CDP subject to the following conditions:
(SEE AITACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission in its independent judgment
found the project exempt from environmental review pursuant to Section 15305 of the California
Environmental Quality Act (CEQA) Guidelines.
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PASSED AND ADOPTED this 19th day of September, 1996, by the following vote, to wit:
AYES: Commissioners Bagg, Jacobson, Lanham, Patton, and Wells
NAYS: None
ABSENT: None
ABSTAIN: None
4~
Sandra Holder '.
Secretary
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I
ATTACHMENT "A"
Resolution No. PC 96-26
Case No. 96-129 MUP/CDP
FINDINGS
In accordance with Section 30.74.070 of the Municipal.Code, a use pennit application 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; and
c. The harmful effect, if any, upon environmental quality and natural resources
of the city;
Facts: The proposed project is to allow on-site consumption of alcoholic beverages (beer
and wine) in conjunction with a new restaurant locating in the Encinitas Ranch Commercial
Center. The site is in the Encinitas Ranch Commercial (ER-C) zone.
Discussion: Section 6.9.1 of the Encinitas Ranch Specific Plan specifies that on-site
alcohol sales and consumption with any use in the ER-C zone requires a major use pennit.
With regard to compatibility with surrounding uses, there is no evidence to suggest that the
proposed use would have 8lty adverse impact on oth~r nearby uses with incorporation of
conditions typically associated with such uses and set forth as the Specific Conditions in
Section I of Attachment "B" to this resolution, including conditions to (1) ensure that the
use continues to be primarily a restaurant use by requiring that the quarterly gross sales of
alcoholic beverages not exceed 25% of the gross sales of food during the same period, (2)
prohibit live entertainment, pool tables or arcade games within the premises, (3) prohibit
consumption of beverages anywhere outside the premises and prohibit loitering in outdoor
areas under the control of the applicant, (4) limit hours for serving alcoholic beverages to
between 7:00 am and 10:00 pm (the time the applicant states they will be closing), and (5)
restricting the type of wine served to be of an alcoholic content less than 15 % by volume.
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All utilities are in place or will be in place prior to occupancy of the subject building to
serve the establishment and it has been found exempt from environmental review in
accordance with the California Environmental Quality Act (CEQA).
Conclusion:, The project will be served by existing facilities, will be compatible with
adjacent uses and is of appropriate intensity for the 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 Municipäfcode; and
3. The project fails to comply with any other regulations, conditions or policies imposed by
the Muniéipal Code.
Facts: The proposed project is to allow on-site consumption of alcoholic beverages (beer
and wine) in conjunction with a new restaurant locating in the Encinitas Ranch Town
Center. The site is in the Encinitas Ranch Commercial (ER-C) zone.
Discussion: The use pennit 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 discussed under Finding 1 above. The center in which the restaurant is to be
located has previous approvals from the City of Encinitas and complies with all of the
applicable development standards contained in the Encinitas Ranch Specific Plan and in
Title 30 of the Municipal Code.
Conclusion: The Commission determines that the proposed project will not conflict with
the Encinitas Municipal Code or General Plan.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT (Muni. Code Section 30.80.090):
1. The proposed development 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 in that there are no feasible mitigation measurers or feasible alternatives available
which would substantially lessen any significant adverse impact that the activity may have
on the environment.
Facts: Section 6.9.1 of the Encinitas Ranch Specific Plan (a component of the City's
certified Local Coastal Program) providés for restaurants in the ER-C zone to serve
alcoholic beverages upon issuance of a major use pennit. Use Pennits are processed in
accordance with Chapter 30.74 of the Municipal Code (also a component of the City's
adopted Local Coastal Program). With issuance of the major use pennit based upon the
required findings listed above, the project will be in full compliance with the City's Local
Coastal Program, including the Land Use Plan and implementation regulations including
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the Municipal Code. The proposed on-sale license. is categorically exempt fÌ'Om
environmental review in accordance with Section 15305 of the State CEQA Guidelines.
Conclusion: The proposed development is consistent with the Local Coastal Program of
the City of Encinitas and is categorically exempt fÌ'Om ènvironmental review in accordance
with Section 15301 ofCEQA.
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ATTACHMENT "B"
RESOLUTION NO. PC 96-26
CONDmONS OF APPROVAL
Applicant: Pastabravo, Inc.
Case No: 96-129 MUP/CDP
Project Description: Major Use Pennit/Coastal Development Pennit to allow on-site
consumption of alcoholic beverages in a new restaurant.
Location: 1042 N. EI Camino Real, Suite "J-05"
I. SPECIFIC CONDmONS
A. The applicant shall be responsible for maintmning 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 co~umption of alcoholic
beverages takes place in said areas.
B. No sales of alcoholic beverages for consumption off-premises is authorized through
this pennit.
C. The quarterly gross sales of alcoholic beverages, shall not exceed 25% of the
quarterly gross sales of all food products during the same period.
D. No pool tables or coin operated amusement devices shall be pennitted, maintained,
or operated on the premises.
E. Live entertainment and dancing shall be prohibited on the premises.
F. Sales, service, and consumption of alcoholic beverages shall be pennitted only
between the hours of7:00 am and 10:00 pm.
G. No wine shall be sold with an alcoholic content greater than 15% by volume.
H. Prior to pennit issuance, the applicant shall execute and record a covenant setting
forth the terms and conditions of this approval to the satisfaction of the Community
Development Dept.
ß. STANDARD CONDmONS
1. GENERAL CONDITIONS
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A. This approval will expire in two years, on September 19, 1998, at 5:00 p.m., unless
the conditions have been met or an extension has been approved 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 pennit, the applicant shall obtain and
maintain in valid force and effect, each and every license and pennit required by a
governmental agency for the operation of the authorized activity.
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 detennine why the City of Encinitas should not revoke this
penni t.
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
Pennit issuance unless specifically waived herein.
G. Pennits from other agencies will be required as follows: State Alcoholic Beverage
Control Department.
APPLICANT SHALL CONTACT THE ENCINIT AS FIRE DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDmONS:
A. RECORDATION: Prior to final recordation or development approval, the applicant
shall verify to the Community Development Department that all development
impact, plan check and/or cost recovery fees have been paid or secured to the
satisfaction of the Fire Department.
B. ADDRESS NUMBERS: Address numbers shall be clearly visible ftom the street
ftonting the structure. The height of numbers shall confonn to Fire Department
Standards.
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