2018-16RESOLUTION NO. PC 2018 -16
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A MINOR USE PERMIT MODIFICATION AND COASTAL
DEVELOPMENT PERMIT TO MODIFY THE RESTAURANT TABLE,
COUNTER AND SEATING LAYOUT, THE OPERATIONAL
CHARACTERISTICS AND REMOVE PREVIOUS CONDITIONS FOR AN
EXISTING RESTAURANT WITH ALCOHOL SERVICE (TYPE 41 ABC
LICENSE) LOCATED AT 2101 SAN ELIJO AVENUE.
(CASE NO. 17 -057 MINMOD; APN: 261 - 031 -25)
WHEREAS, Francesco Bucci submitted an application for a Minor Use Permit
Modification and a Coastal Development Permit, to authorize modifications to the layout of a
restaurant, the operational characteristics and the modification and removal of some previous
conditions of a use permit for the sale of beer and wine for on- and off -site consumption as
secondary and accessory to an existing restaurant as principal use, located at 2101 San Elijo
Avenue, legally described in Exhibit A;
WHEREAS, the Planning Commission conducted a duly noticed public hearing on April
19, 2018;
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby
APPROVES Case No. 17 -057 MINMODICDP 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. Section 15301 exempts minor
interior or exterior alterations of private structures. The proposed 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 the findings for a Use Permit as per Encinitas Municipal Code Section
30.74.070 (Use Permit) and the aforementioned analysis, Planning Commission has made
the following findings to approve the project, with conditions:
Findin s for Major Use Permit
Explanation of Finding
1. The location, size, design or operating
The existing restaurant is located on a
characteristics of the proposed project will
developed commercial site along the San Elijo
be incompatible with or will adversely affect
commercial business corridor in Cardiff- by -the-
or will be materially detrimental to adjacent
Sea. The proposed modifications with not
uses, residences, buildings, structures or
adversely affect adjacent uses or structures.
natural resources, with consideration given
All public facilities, services and utilities are in
to, but not limited to:
place to serve the existing restaurant.
a. The inadequacy of public facilities,
services and utilities to serve the
proposed project.
Findings for Major Use Permit
Explanation of Finding
b. The unsuitability of the site for the type
The existing restaurant is surrounded by a mix
and intensity of use or development
of retail, office, other restaurant and a variety
which is proposed.
of other commercial uses within the Cardiff
business district. Residential uses are located
approximately 470 feet from the
establishment, which provides separation
between the proposed use and residential use.
No evidence has been identified to
demonstrate that the site is unsuitable for the
existing use with the proposed modifications to
the operation and layout.
The San Diego Sherriff's Department has not
identified any concerns with the layout and
operational characteristics.
c. The harmful effect, if any, upon
The modified layout and operational
environmental quality and natural
characteristics with the existing Type -41 ABC
resources of the city.
license for an existing restaurant will 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
Chapter 3 of the Cardiff -by -the -Sea Specific
adversely affect the policies of the
Plan permits a restaurant with alcohol sales,
Encinitas General Plan or the provisions of
with the issuance of a Minor Use Permit. The
this Code; or
restaurant with_ alcohol sales . with the
proposed modified operational characteristics
has been analyzed with surrounding
conditions, and has been determined that it
will not adversely affect any policies of the
Encinitas General Plan or provisions of the
Cardiff -by- the -Sea Specific Plan or Municipal
Code, as conditioned.
3. The project fails to comply with any other
As conditioned, the project as proposed will
regulations, conditions or policies imposed
comply with all requirements of the Cardiff -by-
by this Code.
the -Sea Specific Plan and the Municipal Code.
The project will be subject to all limitations of
the project description, conditions of approval
and EMC Chapter 9.32 and Chapter 30.40
(Noise Performance Standards) of the
Municipal Code. The project is subject to the
Proactive Code Enforcement Program (PACE)
and Deemed Approved Ordinance (DAO).
Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code
Section 30.80.090 (Coastal Development Permit) and the aforementioned analysis, the
Planning Commission has made the following findings to support the approval, with
conditions:
_Finding for Coastal Development Permit
1. The project is consistent with the certified
Local Coastal Program of the City of
Encinitas.
Explanation of Finding
1) The proposed project, as conditioned, is
consistent with the certified Local Coastal
Program of the City of Encinitas, consisting of
the General Plan, Cardiff-by- the -Sea Specific
Plan and the Encinitas Municipal Code with the
approval of the Minor Use Permit and Coastal
Development Permit.
2) No evidence has been identified to indicate
that significant environmental impacts would
result from the proposed project. The project
has been determined to be exempt from
environmental review per the California
Environmental Quality Act (CEQA) Guidelines
Sections 15301; and
3) Finding No. 3 is not applicable since the
project site is located on San Elijo Avenue
between Liverpool Drive and Aberdeen Drive,
which is not between the first public road and
the sea. _
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. 17 -457 MINMODICDP is
hereby approved subject to the conditions in Exhibit B.
PASSED AND ADOPTED this 1e day of April, 2018, by the following vote, to wit:
AYES: Apuzzo, Doyle, Ehlers, Hubbard and O'Grady
NOES: None
ABSTAIN: None
ABSENT: None
Michael 'Glenn O'Grady, Ch r
ATTEST:
ry
NOTE': This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
EXHIBIT "A"
Resolution No. PC 201 5 -16
Case No. 17 -057 MINMOD /CDP
LEGAL DESCRIPTION
Lots one to six inclusive in Block sixty -three of Cardiff Villa Tract in the County of San Diego,
State of California, according to Map Thereof No. 1469, filed in the Office of the County
Recorder of said San Diego County August 10, 1912.
EXHIBIT "B"
Resolution No. PC 2018 -16
Case No. 17 -057 MINMOD /CDP
Applicant: Francesco Bucci
Location: 2101 San Elijo Avenue (APN: 261- 031 -25)
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on April 19, 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 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 March 29, 2017, consisting of two sheets including a site
plan and floor plan, all designated as approved by the Planning Commission on April 19,
2018, and shall not be altered without express authorization by the Development Services
Department.
SCA The conditions of this resolution shall supersede conditions of approval of Planning
Commission Resolution No. PC 2016 -67.
SCB The following conditions shall be completed /fulfilled to the satisfaction of the Development
Services Department:
1. Hours of operation shall be limited to the following:
a. 7 a.m. to midnight, Mondays through Sundays, for the interior of the restaurant.
b. 7 a.m. to 10 p.m., Sunday through Thursday and 7 a.m. to 11 p.m. on Friday
and Saturday, for the outdoor patio areas.
c. 10 a.m. to 10 p.m., Monday through Sundays, for the offsite sale of alcohol.
2. The service of alcohol shall be limited to the interior and exterior dining areas of the
restaurant depicted on the floor plans received by the City on March 30, 2018. No
consumption or service of alcohol shall take place in the public right -of -way in
accordance with Section 9.28.010 (Prohibited Possession of Opened Container,
Public Property).
3. Sales of alcoholic beverages for consumption off- premises shall be permitted from
10 am to 10 pm daily.
4. Alcohol sales and service shall always remain accessory to the principal restaurant
use.
5. 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 and determine, whether a modification to the
use permit is necessary.
6. The use of charter party carrier or excursion services (i.e. "party buses ") shall be
prohibited.
7. The applicant shall provide evidence on an annual basis to show compliance with the
quarterly gross sales limitation for alcoholic beverages as per Condition UA7 of this
approval.
8. The applicant shall pay all applicable mitigation and impact fees associated with the
change in use to restaurant and the increased number of dining seats including but
not limited to Traffic Mitigation fees and Wastewater Capacity fees. These impact
fees shall be paid in full prior to initiating use in reliance on the Minor Use Permit or
issuance of a building permit whichever comes first.
9. 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.
10. The requirements and restrictions of the ABC license issued for the restaurant and
outdoor patio area shall be in addition to this approval.
11. 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.
12. At all times when alcoholic beverages are sold, served, or consumed, food services
with a full menu shall be available to patrons upon request. Alcohol sales and
service shall always remain accessory to the principal restaurant use.
13. Live entertainment is permitted within the interior dining area only with a maximum of
three musicians with approval of an Entertainment License Permit. No live
music /entertainment shall be permitted within the outdoor patio area. All live
entertainment shall be non - amplified music at the designated location depicted on
the floor plan received by the City November 28, 2016. Incidental background music
may be allowed within the interior restaurant during the hours of operations. Dancing
shall be prohibited on the premises.
14. No live music or other music shall be audible outside of the restaurant space that
does not comply with the Municipal Code noise regulations.
15. Any operable windows and doors shall be closed at 10 p.m.
16. There shall be no dancing on the premises at any time.
17. 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.
18. 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
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 reconsideration of this use permit.
19. 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.
20. The outdoor dining areas shall be limited to within five feet from the building wall as
shown on the floor plan dated March 30, 2018. The three outdoor heaters shall not be
located within the exit aisles and shall maintain a minimum of 36 inches clear
unobstructed access to the exit to the satisfaction of the Development Services
Department. The existing bench located within the dining area shall not be utilized for
purposes of the dining area and alcohol consumption. Any modifications to the dining
area including but not limited to the table and chair layout and additional amenities
(umbrellas, heaters, etc.) shall require additional review and approval by the
Development Services Department.
21. The northerly open unrestricted access to the site shall be posted with signage
delineating that alcohol service and consumption is prohibited beyond the railing within
the public right -of -way.
22. 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
(RBSS) 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.
23. The safe of liqueur is prohibited other than beer and wine for the on -site consumption
or offsite sales without an amendment to this minor use permit modification.
24. The tenant space square footage shall be limited to ten percent storage of alcohol for
the on -site consumption and offsite sales associated with the use.
G1 STANDARD CONDITIONS:
CONTACT THE DEVELOPMENT SERVICES 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.
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
Development Services Director.
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 initiating use in reliance of this permit and
the Development Services Director, or designee, is hereby authorized to execute the same.
G6 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.
G11 All roof - mounted equipment and appurtenances, including air conditioners and their
associated vents, conduits and other mechanical and electrical equipment, shall be
architecturally integrated, and shall be shielded from view and sound buffered 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 be combined below the roof,
and shall utilize decorative caps where visible from any point. Ground- mounted
mechanical and electrical equipment shall also be screened through use of a wall, fence,
landscaping, berm, or combination thereof to the satisfaction of the Planning and Building
Department. All exterior accessory structures shall be designed to be compatible with the
primary building's exterior to the satisfaction of the Planning and Building Department.
G13 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 Development
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 initiating use in reliance on this permit to the satisfaction of the Planning &
Building and Engineering Services Departments. The applicant is advised to contact the
Planning & 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.
G20 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.
G21 All utility connections shall be designed to coordinate with the architectural elements of the
site so as not to be exposed except where necessary. Locations of pad mounted
transformers, meter boxes, and other utility related items shall be included in the site plan
submitted with the building permit application with an appropriate screening treatment.
Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be
placed above ground provided they are screened with landscaping.
USE PERMITS
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 Development
Services 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.
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 approved and
conditioned herein.
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 sales of alcoholic beverages shall not exceed 50 percent of the
quarterly gross sales of all food products during the same period.
UA8 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.
UA10 Upon a change to the business model as approved and conditioned herein, the use
permit shall be reviewed by the Development Services Department for compliance with
conditions of approval or to determine whether a modification to the use permit is
necessary.
UA11 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 restaurant policies shall
reserve the right of the establishment to deny alcohol service to any patron.
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 awaiting entry does not block public
access on, or use of, the sidewalk or street).
UA18 No pool tables or coin - operated amusement devices shall be permitted, maintained or
operated on the premises.
UA21 The applicant shall make reasonable efforts to minimize the potential for adverse noise
and crowd impacts on adjacent establishments, including, but not limited to, ensuring
that windows and doors are closed during entertainment or by 10 p.m.
UA22 To address complaints and minimize the need for sheriff response to minor issues, the
applicant shall have a manager on premises at all times when entertainment is
performed and shall be available to be contacted by a City representative and/or
adjacent property owner or tenant.
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.
81 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.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a
minimum of 24 feet in width during construction and maintained free and clear, including
the parking of vehicles, in accordance with the California Fire Code and the Encinitas
Fire Department.
F18 CLASS "A' ROOF: All structures shall be provided with a Class "A" Roof covering to
the satisfaction of the Encinitas Fire Department.
E1 ENGINEERING CONDITIONS:
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 build inglgrading 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.