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
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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.
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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
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