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2006-034City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2006-34 March 28, 2006 This letter is to inform you that the Planning and Building Director has approved your application for: 06-004 MIN/CDP (Daphne's Greek Cafe) - A request for a Minor Use Permit and Coastal Development Permit to allow the on-site sales and consumption of alcoholic beverages in conjunction with a restaurant to be located in an existing commercial center suite. This property is located at 130 North El Camino Real, Suite C in the GC (General Commercial) zone and within the Coastal Zone. (APN 259-121-34) Project Description and Discussion: The applicant requests approval to allow on-site sales and consumption of alcohol in conjunction with a restaurant. Pursuant to Section 30.09 (Zoning Use Matrix), on-site sales and consumption of alcoholic beverages in conjunction with a restaurant requires the issuance of a Minor Use Permit in the subject GC Zone. The restaurant will have outdoor dining as allowed as an accessory use in Commercial Zones, however no alcohol sales will be allowed in the outdoor dining area. The restaurant is located within a commercial center developed under the County of San Diego. Tenant improvements to convert the existing space to a restaurant were authorized with the issuance of building permit 05-1810 and are currently in process. Compliance with zoning standards including parking was evaluated and verified during review of the building permit application. The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the Municipal Code. No comments were received during the CPP process. A standard public notification was issued for the Minor Use Permit application, which allowed for a 20-day comment period. The Planning and Building Department conducted a public hearing on March 20, 2006. The applicant attended the hearing. No members of the public appeared at the public hearing to give testimony and no other comments were received. This approval is based on the following findings: FINDINGS FOR A USE PERMIT STANDARD: In accordance with Section 30.74.070 of the Municipal Code a use permit application shall be approved unless findings presented in the application or during the following conclusions: 51 of fact are made, based upon the information hearing, which support one or more of the G:\N0D\06-004mincdp.nod. doc 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 proj ect; 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 applicant requests approval to serve alcohol for on-site consumption in conjunction with a restaurant located within an existing commercial center. Pursuant to Section 30.09 (Zoning Use Matrix), on-site sales and consumption of alcoholic beverages in conjunction with a restaurant requires the issuance of a Minor Use Permit in the subject GC (General Commercial) Zone. Discussion: The Planning and Building Department has conducted an analysis of the application and has not identified any significant adverse impact to the subject property or surrounding properties which could result from the proposed use. The subject property is commercial in nature and is surrounded by commercial uses. The site is not located in a high crime area and it is not anticipated that the serving of alcohol in association with the restaurant will create law enforcement issues. All public utilities are in place to serve the project and there are no environmental issues associated with the project since it is exempt from environmental review pursuant to CEQA Guidelines Section 15301. Conclusion: The Planning and Building Director finds that the proposed project is compatible with the existing use on the subject property and neighboring properties, and will not adversely affect or be materially detrimental to adjacent uses or natural resources. 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 applicant requests approval to serve alcohol for on-site consumption in conjunction with a restaurant located within an existing commercial center. Pursuant to Section 30.09 (Zoning Use Matrix), on-site sales and consumption of alcoholic beverages in conjunction with a restaurant requires the issuance of a Minor Use Permit in the subject GC Zone. Discussion: With the approval of the Minor Use Permit application as conditioned, the proposed use complies with all applicable development standards. All applicable utilities and services are in place to support this development. The proposed use will have no adverse impact to the policies of the General Plan or provisions of the Municipal Code. Conclusion: The Planning and Building Director finds that the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. With approval of the Minor Use Permit application as conditioned, the project as G:\NOD\06-004mincdp.nod. doc proposed will comply with all regulations, conditions, and policies of the Municipal Code. 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 application and during the Public 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. of the Coastal Act. Facts: The applicant requests approval to serve alcohol for on-site consumption in conjunction with a restaurant located within an existing commercial center. Pursuant to Section 30.09 (Zoning Use Matrix), on-site sales and consumption of alcoholic beverages in conjunction with a restaurant requires the issuance of a Minor Use Permit in the subject GC Zone. Requests for a Minor Use Permit are processed in accordance with Chapter 30.74 (Use Permit) of the Municipal Code. The project as proposed meets all applicable development standards. All necessary services and utilities are in place for the proposed use. Discussion: Related to finding No. 1, with the approval of the Minor Use Permit request, the project complies with or is conditioned to comply with the City's Local Coastal Program and the Municipal Code. Related to finding No. 2, no potentially significant adverse impacts to the environment are associated with the proposed project, and the project is categorically exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. Finding No. 3 is inapplicable since the project is not located between the sea or other body of water and the nearest public road. Conclusion: The Planning and Building Director finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) no potentially significant adverse impacts to the environment will result and the project is categorically exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines; and 3) finding No. 3 is not applicable to the project since the project site is not located between the sea or other body of water and the nearest public road. G ANOD\06-004mincdp.nod. doc Environmental Review: The project has been determined to be exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, which exempts the permitting of existing facilities that involve negligible or no expansion of the existing use. This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on March 28, 2008 at 5:00 pm, or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days of the date of the determination. SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on January 9, 2006, consisting of 2 sheets including Site Plan and Floor Plan, all designated as approved by the Planning and Building Director on March 28, 2006, and shall not be altered without express authorization by the Planning and Building Department. GI STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 Building Permit issuance unless specifically waived herein. G6 Permits from other agencies will be required as follows: State Alcoholic Beverage Control G12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Planning and Building Department. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire G: \NOD\06-004minc dp. nod. doc Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Planning and Building and Engineering Services Departments. The applicant is advised to contact the Planning and Building Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. 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 of the authorized activity. U2 In the event that any of the conditions of this permit are not satisfied, the Planning and Building Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should revoke this permit. U3 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. 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. U6 The hours of operation are not limited, but shall be reviewed and may be limited by the Planning Commission should substantiated complaints arise pertaining to the hours of operation. 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 of an amendment to the use permit and approval by the authorized agency. UA1 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. G:\NOD\06-004mincdp.nod. doc UA4 No pool tables or coin-operated amusement devices shall be permitted, maintained, or operated on the premises. UA5 Live entertainment and dancing shall be prohibited on the premises. UA7 Upon receipt of any substantiated complaint(s) regarding the operation of the business which 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. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 numbers shall contrast with their background, and shall be no less in height than: Four inches (4") for single family homes and duplexes; Eight inches (8") for commercial and multi-family residential buildings; and Twelve inches (12") for industrial buildings. This notice constitutes a decision of the Planning & Building Department only. Additional permits, including Building Permits, may be required by the Building Division or other City Departments. It is the property owner's responsibility to obtain all necessary permits required for the type of project proposed. In accordance with the provisions of Municipal Code Section 1. 12, this decision may be appealed to the City Council within fifteen (15) calendar days of the date of this determination. The appeal must be filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the 15`h calendar day following the date of this notice of decision. The action of the Planning and Building Director may not be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact Kelly Arndt at the Planning and Building Department by telephoning (760) 633-2697. 7~~ PatricktMurphy qft- Planning & Building Director G:\N0D\06-004mincdp.nod.doc