2012-15 - EGCITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633 -2710
NOTICE OF DECISION
PBD- 2012 -15
March 13, 2012
This letter is to inform you that the Director of Planning and Building has approved your
application for:
11 -187 MIN /CDP (Fratella Foods, LLC.) — An Application for a Minor Use Permit and Coastal
Development for a Type 41 beer and wine license within an existing tenant space. The site is
located at 461 Santa Fe Drive within a commercial center in the General Commercial (GC)
Zone, Scenic/Visual Corridor Overlay Zone and the Coastal Zone. (APN 260 - 640 -28)
Project Description and Discussion: The subject site is located within the Santa Fe Plaza
Commercial Center with access directly off Santa Fe Drive. The site recently completed major
renovations and site improvements approved under Case No. 09 -009 DR/CDP. A hospital is
located to the north, commercial uses are located east across Interstate 5, a combination of
commercial and residential uses are located to the west and the proposed Encinitas Community
Park is located to the south of the subject site.
The applicant proposes a beer and wine sales for on site consumption with a Type 41 license to
serve alcohol within an existing 2,846- square foot commercial suite. All alcohol will be served
within the existing tenant suite. The applicant is also proposing minor tenant improvements,
which were approved with Building Permit No. 11 -1206.
The overall commercial center for Santa Fe Plaza is cumulatively 111,630 square feet.
Commercial centers with more than 100,000 square feet allow up to 20% for restaurant uses at a
parking ratio of 1 space for 200 square feet of gross floor area. The current total for restaurant
uses, including the proposed Sushi Lounge, is 7,944 square feet in gross floor area or 7.1% for
the center. As per Case No. 09 -009 DR/CDP the center was parked at a 1 to 200 parking ratio,
so the project still meets all off - street parking requirements of the Municipal Code.
The project is located within the Scenic /Visual Corridor Overlay (S /VCO) zone. Section
30.34.080 of the Municipal Code provides that within the S/VCO zone, consideration will be
given to the overall visual impact of the project and conditions or limitations pertaining thereto
may be applied to the project. The applicant is not proposing any exterior improvements except
for a change in copy for new signage identifying the business.
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A Citizen's Participation Plan (CPP) newsletter was mailed to all owners and occupants within 500
feet of the property on January 13, 2012 in accordance with Chapter 23.06 of the Municipal Code.
The applicant received one response letter voicing support of the project. A standard public
notification was completed for the Minor use Permit and Coastal Development Permit and an
administrative public hearing was held on February 27, 2012. The project representative
attended the hearing but no one from the public attended the hearing and no issues were raised
regarding the project.
This approval is based on the following findings:
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 seeks approval for a Minor Use Permit and Coastal Development
Permit for a type 41 beer and wine alcohol license within the GC Zone, ScenicNisual
Corridor Overlay Zone and Coastal Zone. The project requires a Coastal Development
Permit because the applicant is proposing a Minor Use Permit to allow for an alcohol
license within the General Commercial Zone and Coastal Zone. No exterior
modifications are proposed other than a change of sign copy to the existing building
within the commercial shopping center.
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Discussion: The Planning and Building Department has reviewed 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 suite is surrounded by
retail or restaurant commercial uses. All public utilities are in place to serve the project
and there are no environmental issues associated with the project, and the project has
been determined to be exempt from environmental review pursuant to Section 15302(b)
of the California Environmental Quality Act (CEQA) Guidelines. No evidence of
incompatibility with the site or surrounding development or inconsistency with 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 any adverse effect on adjacent uses or natural
resources.
Conclusion: The Planning and Building Director finds that the proposed project is
compatible with the 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 Minor Use Permit and Coastal Development Permit will allow beer and
wine alcohol service within the proposed restaurant.
Discussion: The approval of the Minor Use Permit and Coastal Development Permit
application as conditioned complies with all applicable GC zoning standards. All
applicable utilities and services are in place to support this use. The Encinitas Sheriff's
Department did not have any comments or concerns regarding the project. The project is
conditioned to comply with Chapter 9.32 (Noise Abatement and Control) and Chapter
30.40 (Performance Standards) of the Encinitas. Municipal Code.
Conclusion: The Planning and Building Director finds that the proposed project will not
adversely affect the policies of the Encinitas General Plan, Local Coastal Program or the
provisions of the Municipal Code. The Minor Use Permit application as conditioned will
comply with all regulations, conditions, and policies of the Municipal Code and
Downtown Encinitas Specific 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:
The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
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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.
Facts: This application is a request for a Minor Use Permit and Coastal Development
Permit to allow for the on -site consumption of alcohol with a Type 41 beer and wine
license within the General Commercial (GC) zone and the Coastal Zone. Other
improvements for the site include minor interior tenant improvements.
The Santa Fe Plaza commercial center is a total size of 111,630 square feet. In
accordance with Chapter 30.54 (Off - Street Parking) commercial centers with more than
100,000 square feet allow up to 20% for restaurant uses at a parking ratio of 1 space for
200 square feet of gross floor area. The current total for restaurant uses, including the
proposed Sushi Lounge, is 7,944 square feet in gross floor area or 7.1% for the overall
commercial center. Under Case No. 09 -009 DR/CDP a total of 428 parking spaces were
parked at a 1 to 200 parking ratio. The project will still meets all off - street parking
requirements of the Municipal Code since they are not expanding the existing tenant
suite.
The project is located within the ScenicNisual Corridor Overlay (SNCO) zone. Section
30.34.080 of the Municipal Code provides that within the SNCO zone, consideration
will be given to the overall visual impact of the project and conditions or limitations
pertaining thereto may be applied to the project. The applicant is not proposing any
exterior improvements except for a change in copy for new signage identifying the
business.
Discussion: Related to finding No. 1, the proposed Minor Use Permit and Coastal
Development Permit comply with or are conditioned to comply with the City's Local
Coastal Program and the Municipal Code. The project as proposed has been determined to
be exempt from 15302(b) of the CEQA guidelines. Finding No. 3 is not applicable since
the project is located south of Santa Fe Drive and between Rubenstein Avenue and
Interstate 5, which is not located between the sea or other body of water and the nearest
public road.
Conclusion: The Planning and Building Department finds that 1) the proposed Minor Use
Permit and Coastal Development Permit is consistent with the certified Local Coastal
Program of the City of Encinitas; 2) no potentially significant adverse impacts to the
environment will result; and 3) finding No. 3 is not applicable since the project is located
south of Santa Fe Drive between Rubenstein Avenue and Interstate 5, which is not located
between the sea or other body of water and the nearest public road.
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Environmental Review: The project has been determined to be exempt from environmental
review pursuant to Section 15302(b) of the California Environmental Quality Act (CEQA)
Guidelines. Section 15302(b) exempts from environmental review the replacement of a
commercial structure with a new structure of substantially the same size, purpose, and capacity.
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 13, 2014 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.
SC5 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on January 11, 2012, consisting of two sheets including site
plan and floor plan, all designated as approved by the Planning Director on March 13,
2012, and shall not be altered without express authorization by the Planning and Building
Department.
SCA The use shall comply with all conditions imposed by the State Alcohol Beverage Control
(ABC), including that all areas licensed for the sale of alcohol shall meet the criteria of the
ABC.
SCB The requirements and restrictions of an ABC license shall be in addition to this approval for
a Minor Use Permit and Coastal Development Permit.
SCC The serving or consumption of alcohol is prohibited on the public the private areas outside
the premises without modifying this Minor Use Permit to establish outdoor seating.
SCE The restaurant at all times shall comply with Chapter 9.32 (Noise Abatement and
Control) and Chapter 30.40 (Performance Standards) of the Encinitas Municipal Code,
as it relates to noise thresholds as measured at the property line.
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.
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G4 Prior to initiating use in reliance on this permit, 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 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.
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.
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 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.
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.
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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.
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 is 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.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses
shall be placed on all new and existing buildings and at appropriate additional locations
as to be plainly visible and legible from the street or roadway fronting the property from
either direction of approach. Said numbers shall contrast with their background, and
shall meet the following minimum standards as to size: 4" high with a 3/8" stroke for
residential buildings, 8" high with a %2" stroke for commercial and multi - family
residential buildings, 12" high with a 1" stroke for industrial buildings. Additional
numbers shall be required where deemed necessary by the Fire Marshal, such as rear
access doors, building corners, and entrances to commercial centers.
This notice constitutes a decision of the Planning and Building Department only. Additional
permits, including Building Permits, may be required by the Planning and Building Department
or other City Departments. It is the property owner's responsibility to obtain all necessary
permits required for the type of project proposed.
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In accordance with the provisions of Municipal Code Section 1.12, this decision may be appealed
to the City Council within 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. by the 15th calendar day
following the date of this Notice of Decision.
If you have any questions regarding this determination, please contact Andrew Maynard at (760)
633 -2718, or the Planning and Building Department by telephoning (760) 633 -2718 or the
Planning Department at (760) 633 -2710.
,IPatrick Murphy
Planning and Building Director
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