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2016-59 (EG)RESOLUTION NO. PC 2016 -59 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A RESTAURANT WITH EXTERIOR FAgADE IMPROVEMENTS AND THE ON -SITE CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS FOR A SITE LOCATED AT 542 NORTH COAST HIGHWAY 101. (CASE NO. 16 -122 MIN /ADR /CDP; APN: 258 - 081 -36) WHEREAS, Bread and Barley submitted an application for a Minor Use Permit and a Administrative Design Review Permit, to authorize the sale of beer, wine and distilled spirits for on -site consumption as secondary and accessory to a proposed restaurant as principal use and exterior fagade improvements, located at 542 North Coast Highway 101, legally described in Exhibit A; WHEREAS, the Planning Commission conducted a duly noticed public hearing on October 20, 2016; NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case No. 16 -122 MIN /ADR /CDP based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301(a). Section 15301(a) exempts interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances. The proposed restaurant project meets these criteria. None of the exceptions in Section 15300.2 of the CEQA Guidelines exist. Section 2. Discretionary Action(s) Findings Based on findings for a Use Permit per Encinitas Municipal Code Section 30.74.070 and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Findings for a Use Permit Explanation of Finding 1. The location, size, design or operating The proposed restaurant is located on a characteristics of the proposed project developed commercial site along the North Coast will be incompatible with or will Highway 101 Corridor. All public facilities, adversely affect or will be materially services and utilities are in place to serve the detrimental to adjacent uses, proposed project. 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, Findings for a Use Permit Explanation of Finding b. The unsuitability of the site for A diversity of commercial uses are located the type and intensity of use or adjacent to the proposed restaurant as principal development which is proposed, use with on-site alcohol sales as the secondary and and accessory use. The project operational characteristics have been evaluated with other alcohol serving establishments in the neighborhood. The surrounding restaurants directly adjacent to the project have either a Type 41 or 47 ABC license with similar or longer operating hours. The use is similar to or less intensive to other uses within the surrounding neighborhood. The San Diego Sherriff's Department has identified no objections to the application. The closest residence development is located to the west of commercial suite, approximately 57 feet from the rear portion of the building. Access is available from the westerly building, but it does not have any other existing or proposed openings. An operable window facing North Coast Highway 101 is proposed on the front of the building, but should not adversely affect the adjacent residential neighborhood as conditioned. c. The harmful effect, if any, The restaurant is proposed within an existing upon environmental quality developed commercial suite and site. The and natural resources of the location of the restaurant with alcohol use, will City; not have a harmful effect on the environmental quality and natural resources of the City, and has been determined to be exempt from CEQA. 2. The impacts of the proposed project will Section 3.1.2A2 of the North 101 Corridor adversely affect the policies of the Specific Plan permits a restaurant with alcohol Encinitas General Plan or the provisions sales, with the issuance of a Minor Use Permit. of this Code; or The restaurant with alcohol sales with the proposed operational characteristics has been analyzed with surrounding commercial and residential conditions, and been determined that will not adversely affect any policies of the Encinitas General Plan or provisions of the North 101 Corridor Specific Plan or Municipal Code, as conditioned. 3. The project fails to comply with any As conditioned, the project as proposed will other regulations, conditions or policies comply with all requirements of the North 101 imposed by this Code. Corridor Specific Plan and Municipal Code. The project will be subject to all limitations of the project description, conditional of approval and Chapter 30.40 (Noise Performance Standards) of the Municipal Code. Based on Encinitas Municipal Code Section 23.08.080, findings for a Design Review Permit and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Findings for a Design Review Permit -- Explanation of Finding 1. The project design is inconsistent with the The project is consistent with the General General Plan, a Specific Plan or the Plan, Specific Plan, and Municipal Code. The provisions of this Code. community character is maintained while allowing creativity and individuality. The pedestrian environment is improved and all development standards are met. 2. The project design is substantially The building design is consistent with the inconsistent with the Design Review design recommendations as it relates to Guidelines. storefront rehabilitation recommendations of the North 101 Corridor Specific Plan. The fagade design meets the intent of the North 101 Corridor Specific Plan by maintaining and enhancing pedestrian orientation and visibility, while maintaining a village scale. The updated design is distinctive and complimentary to the adjacent storefront. 3. The project would adversely affect the No evidence has been provided or is evident health, safety, or general welfare of the indicating that the proposed project would community. adversely affect the surrounding neighborhood or community. All services are in place to serve the subject property. The project is exempt from the requirements of CEQA. 4. The project would tend to cause the The design of the proposed project is surrounding neighborhood to depreciate compatible with the surrounding types of materially in appearance or value. structures and uses. The physical improvements include natural, quality materials that complement the existing and surrounding properties. No substantive evidence has been identified or received indicating that the proposed project would cause the surrounding neighborhood to depreciate materially in appearance or value. Based on Encinitas Municipal Code Section 30.80.090, findings for a Coastal Development Permit and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Finding for a Coastal Development Permit Explanation of Finding 1. The proposed project is consistent with The project conforms to the Municipal Code, the certified Local Coastal Program of North 101 Corridor Specific Plan and policies the City of Encinitas. of the General Plan. The project as proposed complies with applicable development Finding for a Coastal Development Permit Explanation of Finding 2. The proposed development conforms standards for the subject N -CM -1 zone. The with Public Resources Code Section project is determined to be exempt from 21000 and following (CEQA) and that environmental review. there are no feasible mitigation measures or feasible alternatives The project site is located on North Coast available which would substantially Highway 101 between Basil Street and Athena lessen any significant adverse impact Street, which is not between the first public that the activity may have on the road and the sea. environment. 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., The above environmental determination and findings are supported by the minutes, maps, and exhibits, all of which are herein incorporated by reference. BE IT FURTHER RESOLVED that based on the Environmental Determination and Findings hereinbefore adopted by the Planning Commission, Case No. 16 -122 MIN /ADR /CDP is hereby subject to the conditions in Exhibit B. PASSED AND ADOPTED this 201h day of October, 2016 by the following vote, to wit: AYES: Apuzzo, Drakos and Boerner Horvath NOES: O'Grady ABSTAIN: None ABSENT: Brandenburg u Michael Glenn O'Grady, Chair i■ t Uft, n R y ap 'u S cre ry EXHIBIT "A" Resolution No. PC 2016 -59 Case No. 16 -122 MIN /ADR/CDP LEGAL DESCRIPTION EXHIBIT "B" Resolution No. PC 2016-59 Case No. 16-122KNUN/ADR/C0P Applicant: Bread and Barley LOC8tk)D: 542 North Coast Highway 101 (APKJ:258-O81-38) SC1 SPECIFIC CONDITIONS: GC2 /# any time after two years from the date Of this approval, on October 2O.2018.at5p.Dl.O[ the expiration date Of any extension granted iO accordance with the &4UDiCip8| 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 8 good faith intent to p[OC8ad has not been demonstrated, the application Sh8|| be deemed expired as of the above date (O[ the expiration d818 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. BC5 This `project is conditionally approved as set forth on the epp|iooUOD and project drawings at@rDpeU received by the City on October 5, 2016. consisting of six sheets including an existing site plan, existing floor plan, proposed floor plan, exterior elevations, parking p|8D. approved valet & parking plan, all designated 8S approved by the Planning Commission OD 2O.2U18' and shall not b8 altered vVithOuLexpress authOriz8dOOby the Planning & E�ui|dingDRp8rtDlgOL �- GCA The hd|ovvng QODdbk}OG Sh8]| be CO[Op|8ted and/or fulfilled to the G8USf8CtiOn Of the Engineering Services Division: 1. The applicant shall be responsible for the payment 0f any and all applicable impact f88S resulting from the change in use to 8 restaurant space including but not limited to Traffic Mitigation Fees and Sewer Capacity Fees. The fees shall be assessed and paid as part of the building permit for tenant iDlpnov8[D8OiS. 2. All existing and proposed trash enclosures shall be fitted to comply with Storm Water Best M8O8g8DleDt P[8CtiC8 [eqUio8DleOtS. The trash 8OClOSur8G Sh8]| have an |Dlp8[ViOuS, nOD-COOObuShb|e n3Uf that will not 8U0vV [8iD to enter the 8nC|OSUF8. The 8DC|OSu[8 Gh8U be |OCk8b|8 and |OCk8d when not in use. A wide b8[On Gh8|| be installed 81 all openings to hold in any liquids that escape from the dunlpSL8[and to prevent any flow Of Sk}rnO water through the trash 8OC|OSur8 8[g8. The bO[nn can be designed wide and flat to allow rolling 0f the dumpG[8riD and out. The enclosure bB self-contained and may drain into the public sanitary G9vVe[ Sy8t8Dl if feasible. This Sh8|| be permitted with the tBD8Dt inOprOVRO0eDt8 p|8DS or as 8 separate building permit, but shall be installed prior to final building occupancy to the satisfaction of the Engineering Department. SCB The following Planning Department conditions shall be completed and/or fulfilled to the satisfaction of the Planning and Building Department: 1. 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. 2. The requirements and restrictions of an ABC license shall be in addition to this approval for a Minor Use Permit. 3. All requirements of the Alcohol Beverage Control (ABC) shall be complied with, including that all areas licensed for the sale of alcohol shall meet the criteria of the ABC. 4. The serving of alcohol shall be limited to the interior dining area of restaurant in accordance with the floor plan dated October 5, 2015. No consumption or service of alcohol will take place in the public right -of -way in accordance with Section 9.28.010 (Prohibited Possession of Opened Container, Public Property). No consumption or service may occur on the property exterior. 5. All alcoholic beverage service and consumption shall take place between Sunday through Thursday 8 a.m. to 10 p.m., Friday 8 a.m. to 12 a.m. and Saturday 9 a.m. to 12 a.m.. No alcohol shall be served outside these established times. 6. At all times when alcoholic beverages are sold, served, or consumed, food services with a full menu shall be available to patrons upon request. 7. Any modifications to the alcohol service areas and hours of operations as approved herein and depicted on the project plans and described in the project description shall be reviewed by the Planning & Building Department for compliance with conditions of approval of this use permit and determine, whether a modification to the use permit is necessary. 8. Live entertainment is permitted with a maximum of two musicians with only non - amplified music. Incidental background music may be allowed within the interior restaurant during the hours of operations. 9. No live music or other music shall be audible outside of the restaurant space that does not comply with the Municipal Code noise regulations. 10. There shall be no dancing on the premises at any time. 11. Any future use of amusement devices (including video game machines or similar devices which are controlled, allowed or made possible by depositing or placing a coin, plate, disk, slug or key into a slot, crevice or other opening or by paying a fee for use as a game, contest or amusement of any description, the use or possession of which is not prohibited by any law of the State of California) shall be subject to Section 6.08.020 of the Encinitas Municipal Code as amended from time -to -time and may require separate approval. 12. The operation as approved herein shall not be CODV8[texd to any other use including but not limited tO8bar, dance floor, band StBO8/St8tiOO' Disc Jockey station, etc., unless 8 modification tO the use permit iS approved iO the satisfaction Of the Planning & Building D8p8rtDl8OL This use permit iG for alcohol S8|8S as an 8CCHSSOry use to the principal restaurant use. Failure tU operate alcohol sales 8S8D accessory use tO the principal use may [8SUb in [8COnSid8r8tiOD of this use p8[OliL 13.TOthe satisfaction of the Ph]DDiDg & Building Department, all project lighting Sh8|| not impact any adjacent p[Op8rU8G. All eXiOhO[ lighting Sh8U be directed dOVvDvv8rd. be contained OD Sb8, and be shielded such that the light source is not visible to prevent glare to adjacent properties or streets. 14. NO signage is proposed with this application. All future signage will be reviewed for consistency with Chapter 30.60 (Signs) and may require a permit amendment. The applicant shall contact the Planning and Building Department prior to undertaking any such modification. 15. Operable windows shall be closed at 10 p.m. SCC Prior to the iSSUeODe of the Building Permit, the applicant shall Subrnb p|8DS with all materials for the approval of the LeuC8dk]VV8Stevvoter District. CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIOUS: G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12Of the Municipal Code. G4 Prior to grading/building permit imoumnoa. the owner shall cause a covenant regarding real property 0]barecorded. Said covenant shall set forth the terms and conditions Ofthis grant Of 8pprOV8| and shall be of 8fOrD and COOtBOt satisfactory to the P|3DDiDg and Building Director. The OVvDe[/S\ agree, in acceptance of the CODdidOOS of this 8ppFOV8|, to vveivR any C|8iDlS Of liability 8Q8iOSt the City and agrees to iOd9OlOifV, hold h8[0>eSS and defend the City and City's employees relative tO the action tO approve the project. G5 Approval of this request shall Not waive CO0pli8DC8 with any sections of the K4UOiCiDal Code and all other 8pp|iC8b|B City regulations in 8ffgCt at the time Of Building Permit issuance unless specifically waived herein. G0 Permits from other agencies will be required as kd|ovva: State Alcoholic Beverage Control (ABC) G11 All [oOfDlOUOt9d 8qUipDlSrt and 8ppUrt8D8OCGS. including 8}r CDOdhi0l8[S and dl8i[ 8SSOC8t8d vents, DOOdUitS and other Ol8Ch8Dicd and g}eCt[iC8| SqUipOl8Dt. Sh8U be @[Chit8CtUx8||y integrated, and 8h8|| be shielded from VigVV and SOUDd bUff8F8d to the satisfaction of the Planning and Building Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Planning and Building Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall ba combined below the roof, and Gh3} UU|iz8 dgCO[8tiv8 C8pS VVh8[8 visible from any point. G[OUOd-DlOUOt8d nl8Ch8Dicd and 8|8Cthcd equipment shall also be screened through use Of8wall, feOC8' |8DdSC8pinQ. b8rrD' or combination thereof U]the S8tiof8CdOO of the P|3ODiOg and Building Department. All exterior accessory structures shall b8 designed tOb8 compatible with the primary building's exterior to the G81iGf8[tiOO of the P|8ODiDg and Building U8p8rtD88DL G12 Prior to any use of the project site pursuant to this permit all conditions of approval COOt8Ded herein Sh8]| be oODlp|8ted or secured to the SabSfSCtOD of the Planning and Building Department. G13 The applicant shall pay development hees at the established rate. Such fees may include, but not be limited to: Permit and Ph]O Checking Fees, Water and Sewer Service F88S, SChO0| Fees, Traffic Mitigation Fe8S, Flood Control Mitigation F88S' Park Mitigation F8OS, and Fire K8idg81iUO/CUGt Recovery Fees. Arrangements to pay these fees GhR|| be rn8dR prior to building permit issuance to the satisfaction Of the P|8ODiOg and Building and Engineering GSn/iC8S Departments. The applicant is advised LO 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 SCh0O| Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the 8pp|iC8b|8 Utility Departments or Districts regarding Water and/or 88vv8F Fees. G20 Decorative use of neon or LED tubing or banding, such as tubing around windows or doors or banding around the building 8xtehOr. Sh8U not be 8]|OVV8d UO|8SS approved through =— subsequent design review permit modification(s). Temporary window signs are limited to 25%Of window area in accordance with Section 3O.0O.O80/N\Of the Municipal Code. G21 All utility connections shall be designed to coordinate with the 8rChit8CiUGl| e|8DleOt8 of the site Q0 as not to be exposed except where noo3SS8n/. Locations of pad mounted t[@DSfo[nn8[S, meter bOn8S' and other utility related i[8rn8 Gh8|) be iDC|Ud8d in the site p|8O SUUnlitt8d with the building permit opp|iC8dOD with an appropriate screening treatment. T[8DSf0[Olg[S, t8[[niD8| boxes, Dl8tBr C8bin8t8, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping. USE PERMITS U1 /# all times during the effective period of this pGDnb, the n2SpODSib|8 party shall obtain and Dl8iDt8iD in valid force and effect, each and every license and permit [8qUi[8d by governmental agency for the operation of the authorized activity. U2 In the event that any of the CODditiOOS of this permit are not satisfied, the P|8OOiDg and Building [}8p8rtDl8[t Sh8U C8UG8 8 noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should revoke this permit. U3 Upon 8ShOVVDg of compelling public necessity demonstrated at noticed hearing, the QLV Of EDCiOitas, acting Ul[OUgh the 8UthOhZ8d 8g8OCy, may 8dd, 808Dd. or delete conditions and regulations contained in this permit. U4 Nothing in this p8nnd Sh8| R}|ieV8 the applicant from CODlpkiDg with CODddkJDG and regulations generally imposed upon activities similar iDnature to the activity 8UthOhZ8d 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 use shall operate within the scale, scope and limitations as described in the approved project description. 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. UA3 No sales of alcoholic beverages for consumption off - premises are authorized through this permit. UA5 The quarterly gross sales of alcoholic beverages shall not exceed 50% of the quarterly gross sales of all food products during the same period. 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. UA8 Upon a change to the business model as represented in the project description, 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. UA10 The applicant Sh8| 8DSUr8 that DO D8trOD exhibiting ObSenv8b|S signs Or b8h8VOnS COOGiSi8Dt with iDtOXC8tOD is furnished with 8lCUhO| and that b8[ pO|iCi8S shall reserve the right Of the establishment tO deny alcohol service tO any patron. UA11 NO individual under 21 y88[S Of 8g8, O[ without proper identification, Sh8U be served or sold alcohol. UA12 The site shall b8 maintained iD8neat and orderly manner at all times. UA13 No sales of alcoholic beverages for consumption off-premises is authorized through this p8[rn|L UA14 This use permit iOC|Ud8S approval of vvin8' beer and distilled spirit S8|BS for on-site C0OSUDlpbOO only. UA15 The applicant shall be responsible for Dl8D3giDg outdoor CFOVvds and queuing 83 8 [8SuK Of this USB (ensuring that an orderly |iD8 Of patrons avv8idOg entry dO8S not block public access on' or use Of, the sidewalk or street). DESIGN REVIEW [}R1 Any future modifications tO the approved project YiUb8[8V8vvedrR}8bV8toUl8fiOdingofor 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 'Subrnitt8| of an amendment to the design review permit and approval by the authorized agency. F1 FIRE CONDITIONS: CONTACT THE ENCUN[TAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall beo DliOi[DUDl Of24feet in width during COOst[USUOD and maintained free and C|e8[, including the parking Of v8hio|aS' in 8CCOnd8OC8 with the California Fire {|Od8 and the Encinitas Fire Department. F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses Sh8U be placed OD all new and existing buildings and at appropriate additional |OCatiODS as to be plainly visible and legible from the Gt[8Bt or roadway fronting the property from either direction Of approach. Said OUDlb8nS Sh8U contrast with their background, and Sh8U Dl6gt the fOUOVViDg DliDiDlUDl St8Dd8ndS as to size: 4 iOCh8S high with 8 1/2- inch StnOk8 width for r8Sid8Dd8| buildings, 8 inches high with 8 }b'iOch StnJk8 for COOnnn8[Ci8| and nlU|d-f8nli|y [RSideDh8| buildings, 12 iOCh8S high with 8 1-inch stroke for industrial buildings. Additional DUDlb8[G Sh8U be required where deemed necessary bythe Fire M8rSh8|, such as [88r 8CCeSS dOO[S, building cO[De[S, and 8Otr8DC8S to COOlDle[Ci@l centers. F18 CLASS °A" ROOF: All structures Gh8]| be provided with o C|oaa "A" Roof covering to the satisfaction of the Encinitas Fire Department. B1 BUILDING CONDITION: CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: 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 Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), 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). 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 may be identified and changes to the originally submitted plans may be required. 1 4i• lei 1011 *4 1fl1[exele7►I III ti[S7if4 CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building /grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted.