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1994-057CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (619) 633-2710 NOTICE OF DECISION DCD-94-057 November 22, 1994 This letter is to inform you that the Director of Community Development has approved your application for: 94-203 MIN (Naimi) Minor Use Permit request to allow an expansion of an alcohol serving restaurant, for property located at 517 First Street (APN 258-082-01). Project Description and Discussion: The applicant proposes an expansion of an existing restaurant into an adjacent lease space. The current restaurant has all required permits for alcohol serving. However, the expansion of this use requires the approval of a minor use permit, as per the Downtown Encinitas Specific Plan. The applicant may receive a building permit for the tenant improvements prior to the close of the 15 day appeal period associated with this use permit since the expansion of the restaurant portion of the project is not subject to this approval. The Downtown Encinitas Specific Plan permits outdoor or sidewalk dining with approval of an encroachment permit from the Engineering Department. The existing business utilizes customer seating in the front sidewalk area within the public right-of- way. This condition must be legalized by receiving approval of an encroachment permit from the Engineering Department. In order for this use permit to remain valid, the applicant must submit a complete application for said encroachment permit within 30 days of the date of this approval or prior to issuance of a building permit for the expansion, as noted below under conditions of approval Community Development staff visited the project site prior to the hearing. An administrative hearing was conducted on November 21, 1994, with the applicant present. No other members of the public were present. No new information was presented at this hearing. Pursuant to Section 3.3.2D of the Downtown Encinitas Specific Plan, the parking for the restaurant expansion is deemed to be satisfied by the on street parking adjacent to the site and the JK/94203MIN.DEC (11-22-94) 1 parking spaces located behind the building which are accessed via the alley. This approval is subject to the following findings, pursuant to section 30.74.070 of the City of Encinitas Municipal Code: 1. The location, size, design or operating characteristics of the proposed project will be compatible with and will not adversely affect and will not be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: A. The adequacy of public facilities, services and utilities to serve the proposed project; B. The suitability of the site for the type and intensity of use or development which is proposed; and 2. 3. C. The harmful effect, if any, upon environmental quality and natural resources of the City; FINDING: The Municipal Code authorizes alcohol serving restaurants with the approval of a Minor Use Permit. The project site and vicinity consist of commercial uses, such as retail stores and restaurants. The proposed use is an expansion of an existing use. The proposed restaurant and alcohol serving use is consistent with the existing use and with the surrounding commercial character, and is serviced by all necessary public facilities. The Community Development Department determines that the proposed commercial expansion would not be incompatible with the surrounding area. The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; FINDING: Section 3.2.3 of the Downtown Encinitas Specific Plan permits restaurants with alcohol sales with the approval of a minor use permit. The proposal conforms with all other development standards in the Downtown Encinitas Specific Plan. The project complies with all other regulations, conditions or policies imposed by the Municipal Code. FINDING: The Downtown Encinitas Specific Plan permits restaurants with alcohol sales with the issuance of a minor use permit. JK/94203MIN.DEC (11-22-94) 2 4. The project is found to be exempt from Environmental Review, as per CEQA Guidelines Section 15061. This approval is subject to the following conditions: 1. The approved minor use permit for a restaurant with alcohol sales shall conform to the application submitted to the City and dated received on October 24, 1994, and shall not be modified without prior City approval. 2. In the event that any of the conditions of this permit are not satisfied, the Community Development Department may cause a noticed hearing to be set by the authorized agency to determine why the City of Encinitas should not re-review this permit. . 3. In order for this approval to remain valid, the applicant shall seek to legalize the outdoor seating currently located in the public right-of-way by submitting to the Engineering Department a complete application for encroachment permit within 30 days of the date of this approval or prior to issuance of a building permit for the restaurant expansion, whichever comes first. The applicant may also remove the outdoor seating which is presently in the public right of way (on the sidewalk). An encroachment permit will be needed for the present seating or seating in the future. 4. Permits or findings of exemption shall be obtained from the State Coastal Commission and any other applicable Government agencies. 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 property owner or applicant's responsibility to obtain all necessary permits required for the type of project proposed. If you have any questions regarding this determination, please contact Jim Kennedy at the Community Development Department by telephoning (619) 633-2715. Sandra Holder Community Development Director JK/94203MIN.DEC (11-22-94) 3