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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. G:jlc:nods:O 1262mincdp 1 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. G:jlc:nods:O 1262mincdp 2 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. G:jlc:nods:O 1262mincdp 3 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. G:jlc:nods:O 1262mincdp 4 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. G:jlc:nods:O 1262mincdp 5 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 G:jlc:nods:O 1262mincdp 6