2002-020 - EG
CITY OF ENCINITAS
CO~TYDEVELOPMENTDEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 2002-20
February 14, 2002
This letter is to inform you that the Director of Community Development has approved your
application for:
01-262 MIN/CDP (Via Halla) - Minor Use Permit and Coastal Development Permit
application to allow a new restaurant to serve alcohol. The subject property is located at
565 S. Coast Highway 101 within the Downtown Encinitas Specific Plan D-CM-l Zone.
(APN: 258-082-04).
Project Description and Discussion: The applicant is requesting approval to allow a new
restaurant to serve alcohol. Pursuant to the Downtown Encinitas Specific Plan, restaurants that
serve alcohol are permitted in the D-CM-l Zone with the approval ofa Minor Use Permit.
The proposed restaurant (Via Italia) will be located in a tenant space being constructed as part of the
rebuild of a fire damaged building on the south side of S. Coast Highway 101 and approximately
100 feet north of E Street. The new restaurant will replace a restaurant previously located in the
building prior to the fire damage. The restaurant is in a commercial area with compatible
surrounding uses, including other restaurants that serve alcohol.
The new restaurant also includes a proposal to establish sidewalk dining on the public sidewalk in
front of the establishment. Pursuant to the Downtown Encinitas Specific Plan, sidewalk dining is
permitted with the approval of an encroachment permit. However, pursuant to Section 9.28.010 of
the Municipal Code, consumption of alcohol within the public right-of-way is prohibited.
Therefore, the restaurant will not be permitted to serve alcohol in the portion of the sidewalk dining
area that is within the public right-of-way.
A standard public notice for the Minor Use Permit was mailed on January 24,2002, which allowed
for a 20-day comment period as required for administrative applications. The Community
Development Department conducted a public hearing on February 4, 2002. No comments were
received and no members ofthe public were present at the public hearing. In addition, the applicant
mailed a Citizen Participation notice that allowed the public to contact the applicant with any
questions or concerns. The applicant received two responses to the notice. One was an inquiry
about potential lease space, and the other was from a citizen who was in support of the application.
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FINDINGS FOR A USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
appllcation shall be approved unless fmdings of fact are made, based upon the information
presented in the appllcation 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, 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;
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code.
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Discussion: The applicant requests approval to allow a new restaurant to serve alcohol. Pursuant to
the Downtown Encinitas Specific Plan, restaurants that sale alcohol are permitted in the D-CM-l
Zone with the approval of a Minor Use Permit.
The proposed serving of alcohol is associated with a proposed restaurant and will not require
additional public facilities, services or utilities than what is currently available to serve the project
site.
The restaurant is located within the Downtown Encinitas commercial district that consists of a
variety of commercial and retail uses including restaurants that serve alcohol. There are several
similar restaurant uses located in the surrounding commercial area along S. Coast Highway 101.
No aspect of the proposed use has been identified that would have a harmful effect on the
environment or any natural resource.
In addition, the proposed serving of alcohol (interior only) is consistent with all applicable
provisions of the General Plan, Downtown Encinitas Specific Plan and the Municipal Code. No
aspect of the use will result in an adverse effect on or impede the City's ability to implement the
policies ofthe General Plan or the provisions ofthe Municipal Code.
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Conclusion: The Community Development Department has conducted an analysis of the
application and has not identified any aspect of the project that will be incompatible with, will
adversely affect or be materially detrimental to adjacent uses, residences, buildings, structures or
natural resources. Also, as restricted to the interior dining area and sidewalk dining that is not
located within the public rith-of-way, the proposed serving of alcohol associated with a new
restaurant will not adversely affect the policies of the General Plan, Downtown Encinitas Specific
Plan or the provisions of the Municipal Code. The required findings for the use permit can be
made, and the project is consistent with the Municipal Code and General Plan.
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
appllcation and during the Publlc 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 alternatives
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. ofthe Coastal
Act.
Facts: The City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Plan. The applicant requests approval to allow a new restaurant to serve alcohol (on
private property only). Pursuant to the Downtown Encinitas Specific Plan, restaurants that serve
alcohol are permitted in the D-CM -1 Zone with the approval of a Minor Use Permit.
Conclusion: No aspect of the project has been identified which could have an adverse impact
on coastal resources or any natural resources. Since the project complies with all applicable
provisions of the City's Municipal Code and the Downtown Encinitas Specific Plan, the
Community Development Department finds that the project is consistent with the certified Local
Coastal Program of the City of Encinitas. In addition, required finding #2 is not applicable since
no significant adverse impact is associated with the project. Finding #3 is not applicable since
the project does not involve development between the sea or other body of water and the nearest
public road and therefore does not impact public access to coastal resources. The approval of this
Coastal Development Permit satisfies the requirements of the Encinitas Local Coastal Program.
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Environmental Status: Exempt from Environmental Review as per CEQA Guidelines Section
15061 (b)(3).
This approval is subject to the following conditions:
SCl SPECIFIC CONDITIONS:
SC2 This approval will expire on February 14,2004 at 5:00 pm, 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.
SC6 This project is conditionally approved as set forth on the application and project drawings
dated received by the City on November 15, 2001, consisting of 2 sheets including a Site
Plan and Floor Plan, designated as approved by the Community Development Director on
February 14,2002. Approved plans shall not be altered without the express authorization of
the Community Development Department.
SCA The serving of alcohol shall be limited to the dining area ofthe restaurant only. No alcohol
shall be served within the portions of the sidewalk dining area that are located on the public
sidewalk.
SCB An encroachment permit shall be obtained prior to establishing the sidewalk dining area.
Gl STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
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 Permit issuance unless
specifically waived herein.
G6 Permits from other agencies will be required as follows:
State Department of Alcohollc Beverage Control
Ul 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 ofthe authorized activity.
U2 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 whether the City of Encinitas should revoke this permit.
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U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City
of Encinitas, acting throllgh 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 permit 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.
UAl 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.
UA2 The quarterly sales of alcoholic beverages shall not exceed 25% of the quarterly gross sales
of all food products during the same period.
UA3 No sales of alcoholic beverages for consumption off-premises is authorized through this
permit.
UA4 No pool tables or coin-operated amusement devices shall be permitted, maintained, or
operated on the premises.
VA5 Live entertainment and dancing shall be prohibited on the premises.
UA6 Sales, service, and consumption of alcoholic beverages shall only be permitted between the
hours of7:00 a.m. and 11:00 p.m.
VA7 Upon receipt of any substantiated complaint(s) regarding the operation of the business that
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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Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The height of the address
numbers shall conform to Fire Department Standards.
In accordance with the provisions of the Municipal Code, this decision may be appealed to the City
Council within fifteen (15) calendar days of the date of this determination. This notice constitutes a
decision of the Community Development Department only. Additional permits, including Building
Permits, may be required by the Building Department or other City Departments. It is the
applicant's responsibility to obtain all necessary permits required for the type ofproject proposed.
The action of the Community Development Director in reference to the above item may not be
appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Jennifer Coon at the
Community Development Department by telephoning (760) 633-2717.
~ ~d~~-F-
Patrick Murphy
Interim Community Development Director
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