2018-02(CASE NO. 17-192 MIN/CDP; APN: 258-121-11M
WHEREAS, Alice's Italiana Gourmet (La Milanesa) submitted an application for a Minor
Use Permit and Coastal Development Permit to authorize the sale of beer and wine for on-sit.-
consumption in conjunction with an existing restaurant, located at 252 North El Camino Real,
Suite K-1, legally described as in Exhibit A; and
WHEREAS' the Planning COrnrniSaion conducted a duly noticed public hearing on
January 1B'2O18;
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission
hereby APPROVES Case No. 17-192 MIN/CDP based on the following Environmental
Determination and Findings:
Section 1. California Environmental Quality Act Determinaticl
The project haSbeeOdotenniOBdtObe exempt from environmental review pursuant toCalifornia
Environmental Quality Act (CE(]A) Guidelines Section 15301. Section 153O1 exempts negligible
expansions such as the Sgn/iCe Of a|COhO| to guests of the restaurant. The proposed alcohol
service and outdoor seating area for en existing restaurant meet the exemption criteria. None of
the exceptions in Section 153OO.2cf the CE{jA Guidelines exists.
Findin c2 for Uninr Use Permit
Explanation of Findinq
b. The unsuitability of the site for the type and
The site is suitable for the restaurant with beer and 1
intensity of use or development which is
wine service and is compatible with similar
proposed.
development in the surrounding community. No
additional parking is required in conjunction with
the addition of beer and wine service to the existing
restaurant with outdoor patio.
c. The harmful effect, if any, upon
No evidence has been identified to —indicate
environmental quality and natural resources
that the proposed project would have a
of the city.
harmful effect upon the environmental quality
and natural resources of the City. The project
has been determined to be exempt from
environmental review pursuant to California
Environmental Quality Act (CEQA) Guidelines
Sections 15301.
2. The impacts of the proposed —project will
The proposed use, as conditioned, is-coniste"nt
adversely affect the policies of the Encinitas
with the policies of the General Plan and applicable
General Plan or the provisions of this Code;
provisions of the Encinitas Municipal Code. The
or
operational characteristics of the use have been
reviewed and analyzed and it has been determined
that the proposed restaurant use with beer and
wine service, as conditioned, will not adversely
affect adjacent uses, residences, buildings,
structures, or natural resources.
3. The project fails to comply with any —other
The project is subject to conditions, which —includes
regulations, conditions or policies imposed by
limitations and requirements for the use. The
this Code,
proposed project will be required to comply with the
City's noise regulations outlined in EMC Chapter
9.32. The project is subject to the Proactive Code
Enforcement Program (PACE) and Deemed
A proved Ordinance (DAO)-
Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code
Section 30.80.090 and the aforementioned analysis,
the Planning Commission has made
the following findings to support the approval, with conditions:
Finding for Coastal Devel
Explanation of Findin
1. The project is consistent with the certified
—1) The proposed project, as conditioned, is
Local Coastal Program of the City of
consistent with the certified Local Coastal
Encinitas.
Program of the City of Encinitas, consisting of
2. The proposed development conforms with
the General Plan and the Encinitas Municipal
Public Resources Code Section 21000 and
Code with the approval of the Minor Use Permit
following (CEQA) in that there are no
and Coastal Development Permit;
feasible mitigation measures or feasible
alternatives available which would
2) No evidence has been identified to indicate
substantially lessen any significant adverse
that significant environmental impacts would
impact that the activity may have on the
result from the proposed project. The project
environment.
has been determined to be exempt from
3. For projects involving development
environmental review per the California
between the sea or other body of water
Environmental Quality Act (CEQA) Guidelines
and the nearest public road, approval shall
Sections 15301; and
Explanation of Findinq
3) Finding No. 3 is not applicable since th-.
project site is located on North El Camino Real,
which is not between the first public road and
the Pacific Ocean,
The above environmental determination and findings are supported by the minutes, maps, and
exhibits, all • which are herein incorporated • reference.
BE IT FURTHER RESOLVED that based on the Environmental Determination and
* Findings hereinbefore adopted by the Planning Commission, Case No. 17-192 MIN/CDP is
riereby approved subject to the conditions in Exhibit B.
"'ASSED AND ADOPTED this 18th day of January, 2018 by the following vote, to wit:
� »?v ■2 »2: ,f?$»
EA PROPERTY OF ENCINITAS, COUNTY OF SAN DIEGO STATE OF
CALIFORNIA, D SCR ED AS FOLLOWS-
ALL OF PARCEL 3 AND ¥ PORTION OF ARC EL 4 OF PARCEL MAP NO » :w < IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, OF CALIFORNIA, FILED IN ;:/
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 28,1975 A
FILE »e 75-335576 OF OFFICIAL ,e.OR ■2
EXHIBIT "B"
Resolution 0m. PC 2010-02
Case No. 17-192 MIN/CDP
Applicant: Alice's !ta|iana Gourmet (La Milanese)
Location: 252 North B Camino Real, Suite K-1 k4pN:258-121-18\
B[|1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on January 18, 2020, at 5 p.m. 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 8 good faith intent to proceed in reliance OO this
approval. If the authorized agency finds that G good faith intent to proceed has not been
dmnnOOStraK8d. the 8pp|iCadQD ah8|| 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 August 21, 2017, consisting of two sheets including a
Cover Sheet and Floor Plan, all designated as approved by the Planning Commission on
January 18, 2018, and shall not be altered without express authorization by the
Development Services Department.
GCA The following conditions shall be completed and/or fulfilled to the satisfaction of the
Development Services Department:
1. The queuing of restaurant patrons for the restaurant Gh8| ocCurOnoit8' not in the public
right-of-way (S|U8Vvo|k) and out of vehicular circulation on-site.
2. The Type 41 ABC license would authorize on-site consumption Of beer and wine only,
No distilled spirits shall be permitted OO the premises.
3. The requirements and restrictions of an ABC license Sho|| be in addition to this
approval for 2 Minor Use Permit.
4. All F9qUirern8Ot8 of the Alcohol Beverage Control (ABC) Sh8|| be complied with,
including that all areas licensed for the So|e Of alcohol shall meet the criteria Of the
ABC.
5 The serving of alcohol shall be limited to the interior dining area of the restaurant and
the outdoor seating area identified on the site plan in accordance with the floor plan
dated August 21, 2017. No consumption or service of alcohol is permitted in the
public right-of-way in accordance with Section 9.28.010 (Prohibited Possession of
Opened Container, Public Property).
O. All alcoholic beverage service and consumption shall belimited to the following
hours:
7. At all times when alcoholic beverages are sold, served, or consumed, food services
with a full menu shall be available to patrons upon request.
8 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 Development Services Department for compliance with
conditions of approval of •this use permit to determine whether a modification • the
use permit is necessary,
9. 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. Vii. 020 of the Encinitas Municipal Code as amended from time-to-time and
may require separate approval.
10. 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 tho
Development Services Department. This use permit is for alcohol sales as an
accessory use to the principal restaurant use. Failure to operate alcohol sales as an
accessory use to the principal use may result in the revocation of this use permit.
11. All project lighting shall not impact any adjacent properties. All exterior lighting shall
directed downward, be contained on-site, and be shielded such that the light source is
not visible to prevent glare to adjacent properties or streets.
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date oil
this approval in accordance with Chapte of the Municipal Code.
G1 4 Prior to initiating use in reliance • 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
Development Services 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 The Owner(s) shall waive any claims of liability against the City and indemnify, hold
harmless and defend the City and City's employees regarding any component of the City's
approval, by executing an indemnity agreement in substantially the form as provided by the
Development Services Department prior to building permit issuance/initiating use in
reliance of this permit and the Development Services Director, or designee, is hereby
authorized to execute the same.
G7 PGnndo from Other agencies will be required as follows: State Alcoholic Beverage
Control (ABC)
G13 Prior to any use of the project site pUnsuant to this permit, all conditions of approval
contained herein 8hed| be completed or secured to the satisfaction of the D8v8/OpnleOt
Services Department.
G14 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 initiation of use in reliance on this permit to the satisfaction of the Development
Services Department. The applicant is advised to contact the Development Services
Department regarding Park Mitigation Fees, Flood Control Fees 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.
G21 Decorative use of neon or LED tubing or banding, such as tubing around windows or doors
or banding around the building exterior, shall not be allowed unless approved through
subsequent design review permit modification(s). Temporary window signs are limited to
25% of window area in accordance with Section 30.60.060 (N) of the Municipal Code,
U1 At all times during the effective period of this pennh, the responsible party shall obtain
and maintain in valid force and effect, each and every license and permit required by
gOVern[n8nta|agency for the ope�tiDnOf the authorized activity,
'
U2 In the event that any Of the oUDdidoDS of this permit are not satisfied, the Development
Services Oep8rt08DL Sh8U cause e noticed hearing to be Set before the authorized
agency to determine whether the City of Encinitas should revoke this permit,
U3 Upon a showing Ofcompelling public n8CeSSitvdernOOGtrated8(@ noticed hearing, the
City of EDCiOit8S, acting through the authorized agency, may add, amend or d'|ete
COndiboDsand regulations contained iD this pBnni[ ' ~
U4 Nothing in this permit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar innature to the activity
by this permit. '
U5 Nothing in this permit shall authorize the applicant to intensify dl� authorized
beyond that vvhiChiSSpeohhCeUyd88chb8diD this permit.
' activity
17 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
IT, unicipal 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 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.
UA7 The quarterly gross G8|eS of alcoholic beverages shall not 8xC88d 50% of the quarterly
UA8 Business shall be Conducted in a manner that will not violate any provisions of the
California Alcoholic Beverage Control Act. providing against the GB|8 Of @|oOhO| to
minors; maintaining the public health, nnQra|8, convenience, and safety; and taking
reasonable steps to correct any objectionable conditions On the renniS8S and
irnmediat8|yadjacent tothe premises. ,
VA9 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
UA10 Upon a change b]the business rDodg| as represented in the project deSohpti8n the use
permit shall be reviewed by the Development Services Director for compliance with
conditions Of approval or to determine whether a modification o t the use permit is
OeCeaSery.
UA1 1 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,
UA12 The applicant shall ensure that no patron exhibiting observable signs or behaviors
consistent with intoxication is furnished with alcohol and that bar policies shall reserve
the right of the establishment to deny alcohol service to any patron.
UA18 No individual under 21 years Of age, or without proper id8Dtifio8tiOn. shall be o8nxed or
sold alcohol.
UA14 The site shall be maintained in a neat and orderly manner at all times.
UA15 No sales of alcoholic beverages for consumption o��miS�isa�Oh�d���h��
pOnniL �
UA16 This use permit includes approval of wine and beer sales for on-site consumption only,
The sale of other liquors shall require an amendment to this use permit,
UA17 The applicant shall be responsible for managing outdoor crowds and queuing as a result
of this Use (ensuring that an orderly line of patrons avv8k/Dg entry does not block public
access on, or use of, the sidewalk o[atna8U.
UA18 No pool tables orcoin-operated amusement devices shall be permitted, maintained Or
operated on the premises.
UA19 Live entertainment and dancing shall be prohibited on the premisez�
UA24 No licensee, manager or server shall sell, serve or deliver to a patron any alcoholic
beverage unless he or she has completed Responsible Beverage Service and Sales
training conducted by the California Department of Alcoholic Beverage Control or by a
certified RBSS training provider in accordance with Chapter 9.43 of the Municipal Code.
UA25 The subject alcoholic beverage serving establishment shall automatically become a
Deemed Approved Activity as per Encinitas Municipal Code (EMC) Section 9.27.050 and
shall comply with Deemed Approved Performance Standards prescribed in EMC Section
9.27.070. Failure to comply with the standards will result in enforcement actions and
possible revocation of the Deemed Approved Status. In the event the Deemed Approved
Status is revoked, the Development Services Department shall cause a noticed hearing
to be set before the authorized agency to determine whether the City of Encinitas should
modify or revoke this use permit.
CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT 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-resid'ential 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.
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time ofbuilding/grading permit