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2010-08 - EG City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2010-08 March 11, 2010 This letter is to inform you that the Planning and Building Director has approved your application for: 09-190 ADR/MIN (Garcia's) - A request for an Administrative Design Review Permit and Minor Use Permit for an existing food serving establishment to add an approximately 225-square foot outdoor dining area with overhead canopy, and expand the restaurant's alcoholic beverage service to include beer, wine and distilled spirits for on-premise consumption (Type 47) which would upgrade the existing beer and wine only service (Type 41). The upgrade to Type 47 would allow the serving of alcohol throughout the restaurant and include the exterior dining patio. The project site is located at 1486 Encinitas Boulevard in the General Commercial (GC) zone within the Community of New Encinitas (APN 259-121-14). Project Discussion: The project is located on an approximately 2.58 acre lot and is currently developed with a commercial center with multiple tenants (20,002 SF), a 7-11 convenience store (2,400 SF) and key-making, drive-up kiosk (100 SF). The proposed 225-SF outdoor dining area would be added to the western facade next to the main entry of the restaurant (3,439 SF). Administrative Design Review Permit Located next to the main entry where there is a blank wall with minimal seating currently, the outdoor dining area would be enclosed by a 36-inch tall, decorative black iron fence with a dark red fabric canopy above. This proposal would provide visual interest by eliminating the blank wall and minimize the appearance of bulk in accordance with Section 5.3.3 (Building Design) and Section 5.6.1 (Architectural Character and Detailing) of the Design Guidelines. Further, the existing restaurant would also paint the existing fascia boards and window casings on the restaurant to blue. The proposed colors (dark red canopy and blue window casings) would comprehensively tie the outdoor dining area with the overall character of the restaurant together visually and satisfy the visual interest encouraged for non-residential building facades relative to Section 5.3.6 (Building Design) Section 5.5.1 (Colors and Materials) of the Design Guidelines. All of the GC development standards applicable will be maintained with this proposal. The lot coverage of the existing uses will remain at 23% of the lot, where 30% is the maximum permitted. Moreover, the floor area ratio (FAR) of the existing uses will remain at 0.23 of the lot, where 1.0 is the maximum permitted. The outdoor dining area does not count towards lot coverage or FAR because it is unenclosed per the definition of floor area found in Chapter 30.04 PBD\JD\T\NOD\09-190 ADRMIN Garcias NOD.doc Page 1 of 10 (Definitions). The total height of the canopy is approximately 11 feet as measured from the adjacent existing grade to the highest portion of the canopy and does not exceed the existing restaurant's roofline. A maximum height of 30 feet is permitted in the GC zone. Parking An outdoor dining area is included with the primary restaurant use when satisfying parking requirements per Section 30.48.050A8. All of the combined uses onsite (25,843 SF) including the proposed outdoor dining area (225 SF) cover 26,068 SF which requires 105 parking spaces (rounded up from 104.27 parking spaces per Section 30.540.020G) at a ratio of (1) parking space per 250 SF in accordance with Section 30.54.030 (Schedule of Required Off-Street Parking). The existing commercial center provides a total of 132 parking spaces. There is a surplus of 27 parking spaces, which can accommodate the one (1) parking space required for the new outdoor dining area. Therefore, the outdoor dining area as proposed requires no additional parking in accordance with the Off-Street Parking Ordinance (Chapter 30.54) of the Municipal Code. Minor Use Permit In accordance with Chapter 30.09 (Zoning Matrix), alcohol sales in association with a restaurant require the issuance of a Minor Use Permit in the GC zone. However, the existing restaurant requests to upgrade the alcoholic beverage service to include beer, wine and distilled spirits for on- premise consumption (Type 47) which would upgrade the existing beer and wine only service (Type 41) throughout the interior restaurant and only the exterior dining patio. The Minor Use Permit would account for the upgrade from Type 41 to Type 47 as well as the addition of alcohol beverage service to the outdoor patio area. Overall, the conduct of the existing restaurant operations and the layout of the existing business and dining areas will be maintained. The proposed consumption of alcohol would only take place within the defined and enclosed outdoor dining area on private property and would not take place in the public right-of-way in accordance with Section 9.28.010 (Prohibited Possession of Opened Container, Public Property). The County Sheriff's Department has reviewed the applicant's proposed modifications to the Minor Use Permit and petitions for the associated ABC alcohol licenses. In addition, the Sheriff's Department has reviewed the conditions contained within this Notice of Decision and has expressed concurrence with the requirements and provisions of the conditions. No evidence of incompatibility with the site or surrounding development and the standards of the GC zone has been identified by staff or the public, and staff has thus determined that the project will not have an adverse effect on adjacent uses, natural resources, or any policy or provision of the Encinitas General Plan or Municipal Code. Public Participation The applicant conducted a Citizen Participation Program (CPP) pursuant to Chapter 23.06 of the Municipal Code on Monday, February 1, 2010 at the project site. Three citizens attended the meeting with a single concern that the proposed "patio addition would extend into the parking lot PBD\JD\T\NOD\09-190 ADRMIN Garcias NOD.doc Page 2 of 10 and take up any existing parking at the center". The applicant responded the proposed patio would not extend into the parking lot and therefore not take up any existing parking. A standard public notification to all property owners and tenants within 500 feet of the project site was issued for the Minor Use Permit application, which allowed for a minimum 10-day comment period prior to the Administrative Public Hearing in accordance with the provisions of Section 30.01.070 of the City of Encinitas Municipal Code. No comments were received prior to the Administrative Public Hearing. The Planning and Building Department conducted an Administrative Public Hearing on March 8, 2010. Only the applicant and staff were present at the public hearing. No objections or comments were received prior to the close of the Administrative Public Hearing. This approval is based on the following findings: FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application for a design review permit must be granted unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following regulatory conclusions: a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code. Facts: A request for an Administrative Design Review Permit and Minor Use Permit are being processed in accordance with Chapter 23.08 (Design Review), Chapter 30.74 (Use Permits) and the Design Review Guidelines. An application for a Design Review Permit may be approved unless findings of fact are concluded with regard to the project's inconsistency with the General Plan, Municipal Code provisions, Design Review Guidelines, and a consideration of the project's effect on the health, safety, and welfare of the general community and appearance and value of the surrounding neighborhood. Discussion: The request is consistent with the policies and development standards contained within the General Plan and the provisions of the Municipal Code. All aspects of the proposed project meet the applicable codes. Conclusion: The Planning and Building Department finds that the project design as proposed and conditioned is consistent with the General Plan and the provisions of the Municipal Code. b. The project design is substantially inconsistent with the Design Review Guidelines. Facts: Requests for Administrative Design Review are processed in accordance with Chapter 23.08 (Design Review) of the Municipal Code and the Design Review Guidelines contained in Chapter 5 (Building Design). PBD\JD\T\NOD\09-190 ADRMIN Garcias NOD.doc Page 3 of 10 Discussion: Located next to the main entry where there is a blank wall with minimal seating currently, the outdoor dining area would be enclosed by a 36-inch tall, decorative black iron fence with a dark red fabric canopy above. This proposal would provide visual interest by eliminating the blank wall and minimize the appearance of bulk in accordance with Section 5.3.3 (Building Design) and Section 5.6.1 (Architectural Character and Detailing) of the Design Guidelines. Further, the existing restaurant would also paint the existing fascia boards and window casings on the restaurant to blue. The proposed colors (dark red canopy and blue window casings) would comprehensively tie the outdoor dining area with the overall character of the restaurant together visually and satisfy the visual interest encouraged for non-residential building facades relative to Section 5.3.6 (Building Design) Section 5.5.1 (Colors and Materials)of the Design Guidelines. Conclusion: The project as proposed is consistent with the Design Review Guidelines. C. The project would adversely affect the health, safety, or general welfare of the community. Facts: The project complies with all applicable standards outlined in the Municipal Code. This project has no significant adverse environmental impacts and is exempt from environmental review pursuant to Section 15301(e)(1) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301(e)(1) exempts additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. Discussion: No evidence has been received by the City to indicate that the proposed project would adversely affect the health, safety, or general welfare of the site, the immediate neighborhood, or the greater community. The proposed Design Review and Coastal Development Permit will conform to all applicable provisions of the Municipal Code and General Plan. Conclusion: The Planning and Building Department finds that the project design will not adversely affect the health, safety, or general welfare of the community. d. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The surrounding neighborhood consists of commercial uses to the north, south, eat and west. Discussion: The project will be compatible with the current use of the site, the existing structures, and the surrounding vicinity. The project will add an enclosed, outdoor dining area to an existing building and upgrade the exterior appearance of the currently bank wall found near the restaurant entry. The proposed additional will blend with the overall character of the existing restaurant No evidence has been submitted or discovered that PBD\JD\T\NOD\09-190 ADRMIN Garcias NOD.doc Page 4 of 10 would suggest that the proposed facility would have a detrimental effect on the appearance or value of the site or surrounding neighborhood. Conclusion: The Planning and Building Department finds that the project as proposed and conditioned will not materially depreciate the appearance or value of the surrounding neighborhood. 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; Facts: The applicant requests approval of an Administrative Design Review Permit and Minor Use Permit for an existing food serving establishment to add an approximately 225-square foot outdoor dining area with overhead canopy, and expand the restaurant's alcoholic beverage service to include beer, wine and distilled spirits for on-premise consumption (Type 47) which would upgrade the existing beer and wine only service (Type 41). The upgrade to Type 47 would allow the serving of alcohol throughout the restaurant and include the exterior dining patio. All necessary utitilites are in place to serve the proposed business. 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 surrounded by commercial uses. All public utilities are in place to serve the project and there are no environmental issues associated with the project, and it is exempt from environmental review pursuant to CEQA Guidelines Section 15301(e)(1). No evidence of incompatibility with the site or surrounding development and the standards of the GC zone has been identified by staff or the public, and staff has thus determined that the PBD\JD\T\NOD\09-190 ADRMIN Garcias NOD.doc Page 5 of 10 project will not have an adverse effect on adjacent uses, natural resources, or any policy or provision of the Encinitas General Plan or Municipal Code. 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 of an Administrative Design Review Permit and Minor Use Permit for an existing food serving establishment to add an approximately 225-square foot, outdoor dining area with overhead canopy, and expand the restaurant's alcoholic beverage service to include beer, wine and distilled spirits for on-premise consumption (Type 47) which would upgrade the existing beer and wine only service (Type 41). The upgrade to Type 47 would allow the serving of alcohol throughout the restaurant and include the exterior dining patio. Discussion: With the approval of the Administrative Design Review Permit and Minor Use Permit application as conditioned, the proposed use complies with all applicable GC zone 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. An outdoor dining area is included with the primary restaurant use when satisfying parking requirements per Section 30.48.050A8. All of the combined uses onsite (25,843 SF) including the proposed outdoor dining area (225 SF) cover 26,068 SF which requires 105 parking spaces (rounded up from 104.27 parking spaces per Section 30.540.020G) at a ratio of (1) parking space per 250 SF in accordance with Section 30.54.030 (Schedule of Required Off-Street Parking). The existing commercial center provides a total of 132 parking spaces. There is a surplus of 27 parking spaces, which can accommodate the one (1) parking space required for the new outdoor dining area. Therefore, the outdoor dining area as proposed requires no additional parking in accordance with the Off-Street Parking Ordinance (Chapter 30.54) 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 proposed will comply with all regulations, conditions, and policies of the Municipal Code. Environmental Review: This project will have no significant adverse environmental impacts and is exempt from environmental review pursuant to Section 15301(e)(1) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301(e)(1) exempts additions to existing structures provided that the addition will not result in an increase of more than: 50 PBD\JD\T\NOD\09-190 ADRMIN Garcias NOD.doc Page 6 of 10 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. 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 11 2012 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 December 1, 2009, consisting of four (4) sheets including - Title Sheet (Sheet T.1), Site Plan - Project Parcel (Sheets A1.0 and A1.1), Elevation (Sheet A4.1) - all designated as approved by the Planning and Building Director on March 11, 2010, and shall not be altered without express authorization by the Planning and Building Department. SCA The fabric canopy shall be made of fire resistant material and shall have a certificate of flame resistance as approved by the California State Fire Marshall's Office. This certificate shall be provided to the Fire Department prior to the issuance of building permits. SCB The serving of alcohol shall be limited to the interior dining area and the limits of the enclosed, outdoor dining area of the restaurant only. No alcohol shall be served outside of the interior dining area or the enclosed, outdoor dining area. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING 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. G4 Prior to building permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any PBD\JD\T\NOD\09-190 ADRMIN Garcias NOD.doc Page 7 of 10 claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. 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 Permit 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 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. DESIGNREVIEW DR1 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal of an amendment to the design review permit and approval by the authorized agency. USE PERMITS 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. PBD\JD\T\NOD\09-190 ADRMIN Garcias NOD.doc Page 8 of 10 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. USE PERMITS FOR ON-SALE ALCOHOL 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 50% of the quarterly gross sales of all food products during the same period. UA3 No sales of alcoholic beverages for consumption off-premises are authorized through this permit. UA4 No pool tables or coin-operated amusement devices shall be permitted, maintained, or operated 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. 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 15th calendar day PBD\JD\T\NOD\09-190 ADRMIN Garcias NOD.doc Page 9 of 10 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 J. Dichoso at the Planning and Building Department by telephone at (760) 633-2681. Pathck Murphy Planning & Building Director PBD\JD\T\NOD\09-190 ADRMIN Garcias NOD.doc Page 10 of 10