2014-34 (EG) i
RESOLUTION NO. PC 2014-34
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A MINOR USE PERMIT TO ALLOW FOR THE SALE OF FULL ALCOHOL
SERVICE FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH AN EXISTING
RESTAURANT AND OUTDOOR SEATING AREA FOR THE PROPERTY LOCATED AT 1506
ENCINITAS BLVD.
(CAS E 14-164 N O MIN, AP N. 259-121-15)
WHEREAS, a request for consideration of a Minor Use Permit was filed by Jamie Osuna,
to allow for the sale of full alcohol service for on-site consumption for an existing restaurant with
outdoor seating area, in accordance with Chapter 30.74 (Use Permit) of the Municipal Code, for
the property located in the General Commercial (GC) zone of the City of Encinitas, legally
described as:
(SEE ATTACHMENT"A")
WHEREAS, the Planning Commission conducted a public hearing on the application on
December 18, 2014, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The December 18, 2014 agenda report to the Planning Commission with
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attachments;
2. The General Plan, Municipal Code and associated Land Use Maps;
3. Any oral evidence submitted at the hearing;
4. Project drawings consisting of 3 sheets including a Site Plan and Floor Plan and all
stamped received by the City of Encinitas on October 23, 2014, and the
Operations Management Plan stamped received by the City of Encinitas on
October 23, 2014; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapter
30.74 (Use Permit) of the Encinitas Municipal Code; and
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(SEE ATTACHMENT"B")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application No. 14-164 MIN subject to the following cond-itions:
(SEE ATTACHMENT"C"}
BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment,
finds that this project is exempt from environmental review pursuant to the California
Environmental Quality Act (CEQA) Guidelines Section 15301(a). Section 1530'1(a) exempts the
operation, permitting and licensing of existin g s tr uctures, including interior and exterior 1
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alterations. The proposed project will provide alcohol service for an existing restaurant with
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interior and exterior alterations to an existing commercial tenant space. This does not intensify
the existing land use because it provides an additional service accessory to the principal
restaurant use. None of the exceptions in Section 15300.2 of the CEQA Guidelines exist.
PASSED AND ADOPTED this 18th day of December, 2014, by the following vote, to wit:
AYES: Brandenburg, Groseclose, Mores, O'Grady, Shannon
NAYS: None
ABSENT: None
ABSTAIN: None
ki irt Gros s 6hair of the
Encinitas Planning Commission
ATTEST:
jeet Ranu, A1CP
Secretary
NOTE: This action is subject to Chapter 1.12 of the Municipal code, which specifies time limits for
legal challenges.
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ATTACHMENT
Resolution No. PC 2014-34
Case No. 14-154 MIN
LEGAL DESCRIPTION
That portion of the Southeast Quarter of the Northeast Quarter of Section 14, Township 13 South,
Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, county of San Diego,
State of California, according to United States Government Survey, approved April 19, 1881,
described as follows:
Commencing at the Northwest corner of said Southeast Quarter of the Northeast Quarter;
Thence along the Northerly line of said Southeast Quarter of the Northeast Quarter, South 890 24'
34" East 890.14 feet to the Northeasterly corner of land described in deed to Richard W. Geirman,
et. ux., recorded March 1, 1955 as File/Page No. 35404 of official Records and the True Point of
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Beginning; Thence along the Easterly line of said Gierman's land, South 000 25' 10" East, 379.55
feet to an intersection with the center line of County Road Survey No. 458 as described in deed to
the county of San Diego, recorded June 5, 1951 in Book 4124, Page(s) 351 of official Records;
Thence along said center line South 870 26'00" East to an intersection with the Easterly line of said
Section 14; Thence.along said Easterly line North 000 13' 00" East to the Northeast corner of the
Southeast Quarter of the Northeast Quarter; Thence along the Northerly line of said Southeast
Quarter of the Northeast Quarter North 890 24' 34" East to the True Point of Beginning.
APN: 259-121-15
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ATTACHMENT "8"
Resolution No. PC 2014-34
Case No. 14-164 MIN
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;
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Facts: The applicant requests approval of a Minor Use Permit to allow for full alcohol
service for on-site consumption for an existing restaurant with an existing outdoor
seating area within the village Square Shopping Center commercial center. The subject
property is located in the General Commercial (GC) zone in the New Encinitas
community. :
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Discussion: The Sheriff's department along with Alcohol Beverage Control (ABC) have
both reviewed the proposed layout for alcohol service and concurred that it was acceptable
for service. The use is subject to the requirements of Chapter 30.40 (Performance
Standards) of the Encinitas Municipal Code. All public utilities are in place to serve the
project and there are no environmental issues associated with the project. The project is
exempt from environmental review pursuant to Section 15301(a) of the CEQA
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Guidelines, which exempts the operation, permitting and licensing of existing structures,
including interior and exterior alterations. 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 an adverse effect on adjacent uses, natural resources or buildings with the
implementations of the conditions contained herein. The size of the existing outdoor
patio service area is compatible with surrounding use areas, representing 13% of the �
interior space. The patio area will be enclosed b a 3-foot tall fence with a ate to
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ensure that the use of alcohol is confined and limited within the patio area. There are 42
on-sale liquor licenses within the New Encinitas community area, which is reasonable for
a General Commercial area of this character. The J ro'ect is subject to an Operations
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Management Plan which includes limitations and requirements for the use. Any
modifications to the operations Management Plan must be reviewed by the Planning
and Building Department to determine conformance with this approval.
Conclusion: The Planning Commission finds that the proposed project is compatible with
and will not adversely affect or be materially detrimental to, adjacent uses, buildings,
residences 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/Discussion: The Minor Use Permit will allow alcohol service within the interior
area and existing enclosed exterior seating area of the restaurant suite. The hours of
operation for food service at the restaurant and outdoor seating area are 7:00 a.m. to 10:00
p.m. Alcohol service for the interior and exterior portions of the restaurant are 7:00 a.m. to
9:00 p.m. every day of the week.
The proposed use complies with all applicable GC zoning standards. All necessary
utilities and services are in place to support this development. The proposed use is
consistent with the policies of the General Plan and will have no adverse impact to the
policies of the General Plan or provisions of the Municipal Code. The General
Commercial land use designation provides for a wide range of retail and commercial
service uses. This use is consistent with the General Commercial land use designation.
The Encinitas Sheriff's Division reviewed the proposed application and provided no
comments or concerns related to noise or public disturbance from the existing
commercial center area or with the proposed use. 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, as noted in Specific Condition of Approval
SCE of this resolution.
Conclusion: The Planning Commission 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 herein, the project as
proposed will comply with all applicable regulations, conditions, and policies of the
Municipal Code and General Plan.
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ATTACHMENT "C"
Resolution No. PC 2014-34
Case No. 14-154 MIN
Applicant: Swami's Caf6 and Bar
Location: 1505 Encinitas Blvd. (APN: 259-121-15)
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, December 18, 2015 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
consisting of 3 sheets including a Site Plan, Floor Plan and Enlarged Partial Site Plan all
stamped received by the City of Encinitas on October 23, 2014, and the operations
Management Plan stamped received by the City of Encinitas on October 23, 2014; all
designated as approved by the Planning commission on December 18, 2014, and shall not
be altered without express authorization by the Planning and Building Department.
SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the Fire
Department:
1. A fire inspection shall be conducted to verify all fire protection equipment are
serviced and maintained, and seating and occupancy load are consistent with
previous building permit approval.
SCB The following conditions shall be completed and/or fulfilled to the satisfaction of the
Engineering Services Department:
1. Prior to use and reliance on this MIN or issuance of a building permit, the applicant
shall be responsible for the payment of any applicable Traffic Mitigation fees.
2. The project is located within the Leucadia Wastewater District (LWD); the applicant
shall be responsible for additional sewer capacity fees. The applicant shall contact
LWD directly for approval.
SCC The following conditions shall be completed/fulfilled to the satisfaction of the Olivenhain
Municipal Water District (OMWD) prior to issuance of final Certificate of occupancy of
building permit:
The owner/applicant shall comply with OMWD's fees, charges, rules and regulations.
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SCD All future signage shall be permitted through a separate building permit, consistent with
Chapter 30.80 (Signs) of the Encinitas Municipal code.
SCE The operation 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 requirements.
SCF Sales, service and consumption of alcohol within the interior and exterior patio area (588
square feet of area located in the front of the building) shall only be permitted between
the hours of 7:00 a.m. and 9:00 p.m. during all days of the week.
SCG Any modifications to the alcohol service areas and hours of operations as approved
herein and depicted on the project plans and Operation Management Plan (Form.O)
dated received by the city on October 23, 2014 shall be reviewed by the Planning and
Building Department for compliance with conditions of approval of this use permit and
determine, whether a modification to the use permit is necessary.
SCH Live music may be permitted within the interior of the restaurant only and shall be limited
to a maximum of 3 acoustic non-amplified musicians. No music shall be audible outside
of the tenant interior space.
SCI The operation as approved herein shall not be converted to any other use including but
not limited to a bar, dance floor, band stage/station, Disc Jockey station, etc., unless a
modification to the use permit is approved to the satisfaction of the Planning and
Building Department. This use permit is for alcohol sales as an accessory use to the
principal restaurant use.
SCJ All alcohol service within the outdoor patio area as depicted on the floor plans dated
received by the city on October 23, 2014 must remain within the enclosure at all times.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS):
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 initiating use in reliance on this permit/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 Department. The Owner(s) agree, in acceptance v
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.
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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 Plannin g 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.
UA1 The use shall operate within the scale, scope and limitations as described in the
approved operational Management Plan.
UA2 Upon receipt of any substantial 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.
UA6 Business shall be conducted in a manner that will not violate any provisions of the
California Alcoholic Beverage control Act, providing against the sale of alcohol to
minors; maintaining the public health, morals, convenience, and safety; and taking
reasonable steps to correct any objectionable conditions on the premises and
immediately adjacent to the premises.
UA7 This permit is strictly limited to allow only the occupant load for the premises as
approved by the city of Encinitas Fire Department. Any improvements that will result in
an increase in current occupancy load shall require a modification to the use permit.
Occupant loads approved by the City of Encinitas Fire Department shall be posted at all
times.
UAS Upon a change to the business model as represented in the applicant's operational
Management Plan dated October 23, 2914, the use permit shall be reviewed by the
Planning and Building Director for compliance with conditions of approval or to
determine whether a modification to the use permit is necessary.
UA9 The applicant is responsible at all times for verifying the legal age of patrons, monitoring
the behavior of patrons, and taking appropriate actions to deter conduct that may
threaten the health, safety or welfare of patrons or property.
UA1 D The applicant shall ensure that no patron exhibiting observable signs or behaviors
consistent with intoxication is furnished with alcohol and that restaurant policies shall
reserve the right of the establishment to deny alcohol service to any patron.
UA11 No individual under 21 years of age, or without proper identification, shall be served or
sold alcohol.
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UA12 The site shall be maintained in a neat and orderly manner at all Mmes.
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UA15 The applicant shall be responsible for managing outdoor crowds and queuing as a result
of this use (ensuring that an orderly line of patrons awaiting entry does not block public
access on, or use of, the sidewalk or street).
UA16 No pool tables or coin-operated amusement devices shall be permitted, maintained or
operated on the premises.
UA17 Live dancing shall be prohibited on the premises.
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UA19 The applicant shall make reasonable efforts to minimize the potential for adverse noise
and crowd impacts on adjacent establishments and residences, including, but not limited
to, ensuring that windows and doors are closed by 16:00 p.m.
B1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION(S):
B2 The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations and State E nergy compliance documentation (Title �4}. Construction plans
shall include a site plan, a foundation plan, floor and roof framin g p lans, floor plan(s),
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section-details, exterior elevations, and materials specifications. Submitted plans must
show compliance with the latest adopted editions of the California Building Code The
Uniform Building Code with California Amendments, the California- Mechanical, Electrical
and Plumbing Codes). - i
g } Commercial and Multi residential construction must also contain �
details and notes to show compliance with State disabled accessibility mandates. These
comments are preliminary only. A comprehensive plancheck will be completed prior to
permit issuance and additional technical code requirements p qu ements may be identified and changes �.
to the originally submitted plans may be required.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH '
THE FOLLOWING CONDITIONS): �
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
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E3 All drawings submitted for Engineering permits are required to reference the NAVD 88
datum; the.NGVD 29 datum will not be accepted.
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