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2001-063CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION DCD 2001-63 June 21, 2001 This letter is to inform you that the Director of Community Development has approved your application for: 01-125 MIN/CDP (Cabral & Co./Rosanna's Italian Market) - Minor Use Permit and Coastal Development Permit request to allow a restaurant to serve alcohol with outdoor dining. The subject property is located at 810 S. Coast Highway 101 within the Downtown Encinitas Specific Plan D-CM-1 Zone. (APN: 258-181-02). Project Description and Discussion: The applicant is requesting approval to serve alcohol for on- site consumption in conjunction within the existing interior and outdoor dining areas of Rosanna's Italian Market. Restaurants that serve alcohol are permitted in the D-CM-1 Zone with the approval of a Minor Use Permit. In addition, the serving of alcohol within an outdoor dining area is also permitted in the subject zone with the approval of a Minor Use Permit. The subject restaurant (Rosanna's Italian Market) is located in a multi-tenant commercial building located on the southwest corner of G Street and S. Coast Highway 101. The restaurant currently includes an interior dining area and two outdoor dining areas. There are four tables on an open patio area located in front of the restaurant along S. Coast Highway 101. Although the Municipal Code prohibits the consumption of alcohol on the public sidewalk, the existing dining area is located on private property directly adjacent to the public sidewalk. Therefore, the serving of alcohol within the outdoor dining area in front of the restaurant is permitted provided the dining area and serving of alcohol does not encroach onto the public sidewalk. There is also an outdoor dining area located near the rear of the restaurant with approximately five tables. This outdoor area is directly behind the commercial tenant space north of the restaurant. The property owner has authorized the restaurant to utilize this area for outdoor dining and it is accessible directly from the restaurant. Although parking for the existing commercial building is legal non-conforming, the request to serve alcohol does not necessitate a need for additional parking because the interior and outdoor dining areas are existing and were established prior to the adoption of the Downtown Encinitas Specific Plan. j lc:. nods:01125 mincdp As a condition of this approval, the applicant is required to comply with all ABC requirements, including that all areas licensed for the sale of alcohol shall meet the criteria of the ABC. An Administrative Design Review approval may be necessary if the ABC requires any fencing or enclosures around the outdoor dining areas. The applicant shall obtain approval from the Community Development Department prior to installation of any fencing or enclosure on the property. A standard public notice for the Minor Use Permit was mailed on May 30, 2001, which allowed for a 20-day comment period as required for administrative applications. The Community Development Department conducted a public hearing on June 18, 2001. No comments were received and no members of the public were present at the public hearing. 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 of fact are made, based upon the information presented in the application 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 sale alcohol within the existing interior and outdoor dining areas of Rosanna's Italian Market at located at 810 S. Coast Highway 101. Pursuant to the Downtown Encinitas Specific Plan, restaurants that sale alcohol, which may include outdoor dining, are permitted in the D-CM-1 Zone with the approval of a Minor Use Permit. jlclmods:01125mincdp 2 The proposed sale of alcohol is contained on an improved commercial site and does not require additional public facilities, services or utilities above what is currently available to serve the project site. The restaurant is located in a multi-tenant commercial building. 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 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 of the General Plan or the provisions of the Municipal Code. 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, the proposed use 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 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. j1c:£nods:01125mincdp 3 Facts: The City's General Plan and Municipal Code are applicable components of the City's Local Coastal Plan. The applicant requests approval to sale alcohol within the existing interior and outdoor dining areas of Rosanna's Italian Market located at 810 S. Coast Highway 101. Pursuant to the Downtown Encinitas Specific Plan, restaurants that sale alcohol, which may include outdoor dining, 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. Environmental Status: Exempt from Environmental Review as per CEQA Guidelines Section 15301, which exempts minor alterations to existing facilities from environmental review. This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SC2 This approval will expire on June 21, 2003 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 May 17, 2001 consisting of 1 sheet including a Site Plan and Floor Plan, designated as approved by the Community Development Director on June 21, 2001. Approved plans shall not be altered without express authorization by the Community Development Department. SCA All requirements of the ABC shall be complied with, including that all areas licensed for the sale of alcohol shall meet the criteria of the ABC. An Administrative Design Review approval may be necessary if the ABC requires any fencing or enclosures around the outdoor dining areas. The applicant shall obtain approval from the Community Development Department prior to installation of any fencing or enclosure on the property. SCB The serving or consumption of alcohol is prohibited on the public sidewalk. The outdoor dining area and serving of alcohol located in front of the restaurant along S. Coast Highway 101 shall not encroach onto the public sidewalk. j1c:f:nods:01125mincdp 4 G1 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 Alcoholic Beverage Control U1 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 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. 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. 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. 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. j1c:f.nods:01125mincdp 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. UA5 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 of 7:00 a.m. and 11:00 p.m. UA7 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. F1 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 of project 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. Sandra Holder Community Development Director j1c:f.nods:01125mincdp 6