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1999-103 - EGCITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION DCD 99-103 November 19,1999 This letter is to inform you that the Director of Community Development has approved your application for: 99-246 MIN/CDP (Pellerud/St. Tropez Bakery & Bistro) - Minor Use Permit and Coastal Development Permit request to allow a restaurant to serve alcohol with outdoor dining. The subj ect property is located at 947 S. Coast Highway 101 within the Downtown Encinitas Specific Plan D-CM-1 Zone. (APN: 258-190-15). Project Description and Discussion: The applicant is requesting approval to sale beer and wine for on-site consumption in conjunction with outdoor dining within the Lumberyard Commercial Center. Pursuant to the Downtown Encinitas Specific Plan, restaurants that sale alcohol and provide outdoor dining are permitted in the D-CM-1 Zone with the approval of a Minor Use Permit. The subject restaurant (St. Tropez Bakery and Bistro) is located in a suite adjacent to Starbuck's. The outdoor dining area for the restaurant consists of 7 tables and is located adjacent to the existing Starbuck's outdoor dining area. The outdoor dining will be contained in the covered veranda that surrounds the subject building. A 3-foot high railing separates the veranda area from main pedestrian areas of the commercial center. The outdoor dining area will not encroach into any public right-of-way. Pursuant to approved Case No. 90-008 MUPMOD/EIA, the amount of restaurant space permitted in the Lumberyard commercial center is limited to a maximum of 21,441 square feet of indoor area and a maximum of 2,575 square feet of outdoor dining. The limit on the area permitted for restaurant uses is based upon a site-specific parking study. The addition of the St. Topez Bakery with outdoor dining results in a total of 20,435 square feet of restaurant floor area and 2,505 square feet of outdoor dining within the Lumberyard commercial center (see attached chart dated November 15, 1999). Therefore, the proposed use conforms to the limits placed on restaurant floor area and outdoor dining, which ensures sufficient parking to serve the commercial center. The applicant has submitted an application to the ABC for a permit to serve beer and wine. 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 beer and wine shall be provided with an enclosure to the satisfaction of the ABC. j lc: £nods:99246mincdp The San Diego County Sheriffs Department reviewed the proposed application and protested an unconditional approval of an on-sale beer and wine license. However, they would withdraw the protest if the applicant agreed to certain conditions being placed on the license. The conditions are as follows: 1. Quarterly gross sales of all alcoholic beverages shall not exceed 25% of the quarterly sales of all food products. 2. No pool tables or coin operated amusement devices shall be permitted, maintained or operated on the licensed premises. 3. Live entertainment and dancing shall be prohibited on the premises. 4. The off-sale privileges of the license shall not be exercised. 5. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 6. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 11:00 p.m. 7. No wine shall be sold with an alcoholic content greater than 15% by volume. The applicant has reviewed these conditions and has agreed to comply. Staff has incorporated these conditions into the conditions of approval for this project. A standard public notice for the Minor Use Permit was mailed on October 29, 1999, which allowed for a 20-day comment period as required for administrative applications. The Community Development Department conducted a public hearing on November 8, 1999. 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 j1c:£nods:99246mincdp 2 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 with outdoor dining at the St. Tropez Bakery & Bistro located at 947 S. Coast Highway 101. Pursuant to the Downtown Encinitas Specific Plan, restaurants that sale alcohol and provide outdoor dining are permitted in the D-CM-1 Zone with the approval of a Minor Use Permit. The proposed sale of alcohol and outdoor dining is contained within an existing commercial center (Lumberyard) and does not require additional public facilities, services or utilities than what is currently available to serve the project site. The Lumberyard commercial center was developed for a variety of commercial and retail uses including restaurants with outdoor dining and alcohol sales. There are several similar restaurant uses located within the Lumberyard and 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 alcohol sales and outdoor dining 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: j 1c : £ nods: 9 9246m inc dp 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 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 City's General Plan and Municipal Code are applicable components of the City's Local Coastal Plan. The applicant requests approval to sale alcohol with outdoor dining at the St. Tropez Bakery & Bistro located at 947 S. Coast Highway 101. Pursuant to the Downtown Encinitas Specific Plan, restaurants that sale alcohol and provide 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. This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SC2 This approval will expire on November 19, 2001 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. j1c:f.nods:99246mincdp 4 SC6 This project is conditionally approved as set forth on the application and site plan dated received by the City on September 28, 1999 and floor plan dated received by the City on October 8, 1999, all designated as approved by the Community Development Director on November 19, 1999. Approved plans shall not be altered without express authorization by the Community Development Department. SCF No wine shall be sold with an alcoholic content greater than 15% by volume. SCI The licensed area for beer and wine sales and consumption shall be provided with an enclosure to the satisfaction of the Department of Alcoholic Beverage Control. 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 U 1 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. j 1c: £nods:99246mincdp 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. 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. F 1 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. j 1c:f.nods:99246mincdp 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 j 1c:f.nods:99246mincdp 7 The Lumberyard Restaurants November 15,1999 RESTAURANT FLOOR AREA OUTDOOR DINING AREA Bubby's Ice Cream 768 sq. ft. None Gaffney's Wine Bar 1,047 sq. ft. None Kim's Restaurant 1,535 sq. ft. 120 sq. ft. Le Peep Grill 4,050 sq. ft. 600 sq. ft. Pino's Cucina Italiana 3,611 sq. ft. 240 sq. ft. Sakura Bana Sushi Bar 1,485 sq. ft. 700 sq. ft. Starbucks Coffee 900 sq. ft. 285 sq. ft. St. Tropez Bakery 1,175 sq. ft. 200 sq. ft. Subway 888 sq. ft. None Twins European Restaurant 4,976 sq. ft. 360 sq. ft. TOTAL 20,435 sq. ft. 2,505 sq. ft. Pursuant to Case No. 90-008 MUPMOD/EIA: Maximum floor area permitted for restaurant uses in the Lumberyard is 21,411 sq. ft. Maximum area permitted for outdoor dining is 2,575 sq. ft.