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.