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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. PBD /ARM /t:\NOD 11- 187MINCDP.doc -1- 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. PBD /ARM /t:\NOD 11- 1 87MINCDP.doc -2- 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 PBD /ARM /t:\NOD 11- 1 87MINCDP.doc -3- 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. PBD /ARM /t:\NOD 11- 187MINCDP.doc -4- 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. PBD /ARM /t:\NOD 11- 187MINCDP. doc -5- 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. PBD /ARM /t:\NOD 11- 187MINCDP.doc -6- 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. PBD /ARM /t:\NOD 11- 187MINCDP.doc -7- 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 PBD /ARM /t:\NOD 11- 187MINCDP.doc -8-