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2018-27RESOLUTION NO. PC 2018 -27 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A MINOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A RESTAURANT WITH ALCOHOL SERVICE (ABC TYPE 41 LICENSE) LOCATED AT 918 NORTH COAST HIGHWAY 101 (CASE NO. 17 -218 MIN /CDP; APN: 254 - 313 -06) WHEREAS, Ryan Ashton of Kai Ola, submitted an application for a Minor Use Permit and Coastal Development Permit to authorize beer and wine alcohol service (Type 41 Alcoholic Beverage Control (ABC) License) for on -site consumption within a restaurant, for the property located at 918 North Coast Highway 101, legally described as follows; Described as Lot 3, Block No. 3 of South Coast Park No. 2 in the Office of the County Recorder located in the City of San Diego according to Map thereof No. 1859, filed in the Office of the County Recorder in the City of San Diego County of San Diego in the State of California dated September 24, 1925. WHEREAS, the Planning Commission conducted a duly noticed public hearing on July 19, 2018. NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case No. 17 -218 MIN /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. Section 15301 exempts the operation or permitting of private structures, facilities, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed restaurant with alcohol service and outdoor seating area meet the exemption criteria. None of the exceptions in Section 15300.2 of the CEQA Guidelines exists. Section 2. Discretionary Action(s) Findings Based on the findings for a Use Permit as 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 Minor Use Permit Explanation of Finding 1. The location, size, design or operating The proposed restaurant is located on a characteristics of the proposed project will developed commercial site along the North be incompatible with or will adversely affect Coast Highway 101 Corridor and compatible or will be materially detrimental to adjacent with surrounding commercial and restaurant uses, residences, buildings, structures or natural resources, with consideration given uses. All public facilities, services and utilities to, but not limited to: are in place to serve the proposed project. a. The inadequacy of public facilities, services and utilities to serve the I Findinas for Minor Use Permit I Exolanation of Findino b. The unsuitability of the site for the type The project site is suitable for the type and and intensity of use or development intensity of the proposed restaurant with which is proposed. alcohol. The proposed use is similar to or less intensive than other uses within the c. The harmful effect, if any, upon environmental quality and natural resources of the city. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of this Code; or 3. The project fails to comply with any other regulations, conditions or policies imposed by this Code. surrounding neighborhood. The San Diego Sherriff's Department has identified no objections to the application. The closest residence structure is located onsite and to the west of the commercial suite, approximately 70 feet from the rear portion of the building. Access is proposed from the easterly portion of the building. All windows proposed on the east portion of the commercial suite will be fixed (as conditioned), and will not adversely affect the adjacent residential neighborhood. The existing restaurant is proposed within an existing developed commercial site. The location of the restaurant with alcohol use will not have a harmful effect on the environmental quality and natural resources of the City, and has been determined to be exempt from the California Environmental Quality Act CEQA . The proposed use, as conditioned, is consistent with the policies of the General Plan, the North 101 Corridor Specific Plan and applicable provisions of the Encinitas Municipal Code. The 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. As conditioned, the project as proposed will comply with all requirements of the North 101 Corridor Specific Plan and 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 MAO). 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, Planning Commission has made the following findings to support the approval, with conditions: Finding for Coastal Development Permit Explanation of Finding 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 the General Plan, North 101 Corridor Specific 2. The proposed development conforms with Public Resources Code Section 21000 and Plan and the Encinitas Municipal Code with the following (CEQA) in that there are no approval of the Minor Use Permit and Coastal feasible mitigation measures or feasible Development Permit. alternatives available which would substantially lessen any significant adverse 2) No evidence has been identified to indicate impact that the activity may have on the that significant environmental impacts would environment. result from the proposed project. The project has been determined to be exempt from 3. For projects involving development between the sea or other body of water environmental review per the California and the nearest public road, approval shall Environmental Quality Act (CEQA) Guidelines include a specific finding that such Sections 15301; and development is in conformity with the public access and public recreation 3) Finding No. 3 is not applicable since the policies of Section 30200 et. seq. of the project site is located on North Coast Highway Coastal Act. 101 between Jasper Street and Leucadia Boulevard, 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 -218 MINICDP is hereby APPROVED subject to the conditions in Exhibit A. PASSED AND ADOPTED this 19'' day of July, 2018, by the following vote, to wit: AYES: Ehlers, O'Grady, Doyle and Hubbard NOES: None ABSTAIN: None ABSENT: Apuao ��•.'� // �E%� ATTEST: 1) 11 hC-)`7l A A " I Michael Glenn O'Grady, ¢flair 'u, Secretary NOTE - T is adtion is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for lega challenges. EXHIBIT' A" Resolution No. PC 2018 -27 Case No. 17 -218 MIN /CDP Applicant: Ryan Ashton, Kai Ola Location: 918 North Highway 101 (APN: 254- 313 -06) SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on July 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 May 21, 2018, consisting of three sheets including a site plan, floor plan and trash enclosure plans, all designated as approved by the Planning Commission on July 19, 2018, and shall not be altered without express authorization by the Development Services Department. SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the Development Services Department: 1. Sales, service, and consumption of alcoholic beverages shall only be permitted indoors between the hours of 10 a.m. and 11 p.m. on Sunday through Saturday. Outdoor alcohol service is not authorized with this permit. 2. All windows shall remain fixed as shown in the approved project plans dated May 21, 2018. 3. The requirements and restrictions of an ABC license shall be in addition to this approval. Prior to initiating use in reliance on this permit, the applicant shall obtain necessary permit approvals from the Department of Alcoholic Beverage Control (ABC). 4. The use of the site shall comply with the City of Encinitas noise regulations and all other performance standards (Chapters 9.32 and 30.40) at all times. 5. The use or promotion of charter party carrier or excursion services (i.e. "party buses ") shall be prohibited. 6. Background streaming music shall be allowed, but live entertainment shall be prohibited without the approval of a modified use permit. 7. The applicant shall be responsible for the payment of any and all impact fees associated with the change in use of the property including but not limited to Traffic Mitigation fees. 8. As part of the tenant improvement for this project, the applicant shall modify and/or reconfigure the existing door to not swing into the public sidewalk on North Coast Highway 101. As an option, the door may be recessed into the building so that it still swings out, but not into the sidewalk. 9. No private encroachments shall be permitted within the public right -of -way. The existing dumpsters shall be removed from the alley and placed on private property in an approved trash enclosure. 10. All existing and proposed trash enclosures shall be fitted to comply with Storm Water Best Management Practice requirements. The trash enclosures shall have an impervious, non - combustible roof that will not allow rain water to enter the enclosure. The enclosure shall be lockable and locked when not in use. A berm shall be installed at all openings to hold in any liquids that escape from the dumpster and to prevent any flow of storm water through the trash enclosure area. That berm can be designed wide and flat to allow rolling of the dumpster in and out. The enclosure shall be self - contained or may have a drain that discharges through an adequately sized oil /grease separator, and then is filtered through a City - approved hydrocarbon filter and discharged into the public sanitary sewer system not to planters or the storm drain system. A separate building permit shall be required for this structure. SCB The following conditions shall be completed and /or fulfilled to the satisfaction of the San Dieguito Water District (SDWD): 1. The subject property (916 and 918 North Coast Highway 101) is currently being served by a 5/8 -inch water meter. If the Fire Department requires fire sprinklers for the new development, the Developer shall upgrade the existing meter and service /install fire line at their expense. All water meters shall be located in front of the parcel they are serving and outside of any existing or proposed travel way. 2. If fire sprinklers are required, then a dedicated fire line will be required. A backflow preventer shall be required on the fire line. The location of the proposed backflow preventer shall be shown on plans for approval of SDWD. 3. The existing backflow devise on the potable water meter shall remain active and tested yearly. If an additional meter is installed, then a backflow preventer shall be required. 4. The developer shall install the water system according to SDWD standards. 5. The owner /applicant shall be required to show all existing and proposed water facilities on improvement or grading plans for SDWD approval. 6. The applicant shall comply with all SDWD fees, charges, rules and regulations. G1 STANDARD CONDITIONS: CONTACT THE ENCINITAS 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 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 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 building permit Issuance /initiating use in reliance of this permit and the Development Services Director 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. G7 Permits from other agencies will be required as follows: State Alcoholic Beverage Control G10 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the building(s), and shall be provided with view - obstructing solid metal gates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure in accordance with Municipal Code requirements. The applicant shall review the design of the trash enclosure with the service provider and receive approval prior to building permit issuance. G12 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 Development Services Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Development Services 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 Development Services Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Development Services 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 building permit issuancelinitiating use in reliance on this permit to the satisfaction of the Development Services Departments. The applicant is advised to contact the Development Services Department regarding Park Mitigation Fees, 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. G22 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. G26 The use of Expanded Polystyrene (EPS) disposable food service ware containers shall be prohibited in accordance with Chapter 11.27 (Prohibition on the Use of Polystyrene Disposable Food Service Ware) of the Municipal Code. SIGNS S1 Any signs proposed for this development shall be designed and approved in conformance with Encinitas Municipal Code Chapter 30.60. 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. Ub 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. UA5 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. UA6 The alcohol service shall be limited to the interior dining areas of the restaurant in accordance with the floor plan dated May 21, 2418. No consumption or service of alcohol shall take place in any areas not specifically authorized as part of this approval. 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. The applicant shall submit evidence to the Development Services Department on an annual basis to demonstrate compliance with the quarterly gross sales limitation for alcoholic beverages. 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. UA9 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. 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 bar policies shall reserve the right of the establishment to deny alcohol service to any patron. UA13 No individual under 21 years of age, or without proper identification, shall be served or sold alcohol. UA14 The site shall be maintained in a neat and orderly manner at all times. 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 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. UA19 Live entertainment and dancing shall be prohibited 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 shall be closed by 10 p.m. UA23 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. 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. B1 BUILDING CONDITION(S): CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2 The applicant shall submit a complete set of construction plans to the Development Services Department for building permit 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 CONDITION(S): 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. F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: four inches high with a ' /z- inch stroke width for residential buildings, eight inches high with a '/2 -inch stroke for commercial and multi- family residential buildings, 12 inches high with a one -inch stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. E1 ENGINEERING CONDITIONS: CONTACT THE ENCINITAS DEVELOPMENT 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.