Cardiff Seaside Market Beer and Wine. Minor Use Permit (MIN) Coastal Development Permit (CDP) Exempt APPROVE MIN/CDP San Elijo Avenue

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1 PLANNING COMMISSION AGENDA REPORT Planning and Building Department Agenda Item: Project Name: Request: Discretionary Actions: CEQA Recommendation: STAFF RECOMMENDATION: 6F Cardiff Seaside Market Beer and Wine Request to upgrade an existing Alcohol Beverage Control (ABC) license for on-site wine and beer consumption associated with cooking classes, wine and beer tastings, community events and private parties on the premises to allow employees of the market to serve alcohol. Minor Use Permit (MIN) Coastal Development Permit (CDP) Exempt APPROVE Project Number: Location: Community: MIN/CDP 2087 San Elijo Avenue Cardiff-by-the-Sea APN: Applicant: Representative: Project Planner: Cardiff Seaside Market John Najjar Todd Mierau, Associate Planner Commission Meeting Date: April 21, 2016 City Council Hearing Required? Report Approval: Recommended Actions: No Roy Sapa u, Senior Planner Manjeet Ranu, AICP, Acting Director 1. Conduct the public hearing; and 2. Adopt the resolution and APPROVE the project, subject to conditions APRIL 21, 2016 ITEM 6F 1 of 66

2 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 SUMMARY AND KEY CONSIDERATIONS The project would upgrade an existing Alcohol Beverage Control (ABC) license to allow employees of the market to serve beer and wine on site. The market currently has a license to allow wine and beer consumption associated with cooking classes, wine and beer tastings, community events and private parties on the premises. The proposed ABC license will not change the operation characteristics of the existing use other than to allow service of beer and wine for these accessory uses to the principal market use. The Planning Commission is being asked to consider a Minor Use Permit and Coastal Development Permit. PROJECT DESCRIPTION The applicant is requesting to change the current ABC Type 86 license to an ABC Type 42 license, which allows the Seaside Market employees to pour alcohol for tastings and events. PROJECT ANALYSIS Background Existing Use The City approved Case No DR/CDP to construct exterior improvements and an expansion of the existing Seaside Market within the Cardiff Town Center. Exterior improvements included modifications to the entrance of the market and existing courtyard including outdoor seating areas. The total market area with the improvements is 19,644 square feet. There are two existing mezzanine areas located at the back of the market. One consists of 1,570 square feet and the other consists of 1,165 square feet. As part of Case No DR/CDP approval, the market was authorized to use the 1,165- square foot mezzanine for cooking demonstrations, nutritional classes, wine and micro-brewery educational tasting sessions (which is consistent with their current alcohol beverage control license and is a permitted use) and public meeting space for groups as an ancillary use to the market. The existing mezzanine consisting of 1,570 square feet will continue to be utilized as office space for the market. Project Site Characteristics: General Plan: Specific Plan: Zoning District: Zoning Overlay: Community Character Context: Other Key City Plan: Notable State or Regional Plan and Law: General Commercial (GC) Cardiff Specific Plan (CSP) C-GC1 Coastal Overlay Village Center None None The project site is zoned General Commercial 1 (C-GC1) in the Cardiff-by-the-Sea Specific Plan area. The C-GC1 zone is intended to provide for a wide range of general commercial developments including restaurants, office and general retail uses. The project site is previously APRIL 21, 2016 ITEM 6F 2 of 66

3 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 developed and is located within the Village Center Community Character Context. The Village Center Community Character Context consists of primarily retail land uses, mixed-use commercial/residential uses and stand-alone single-family and twinhome residential uses. The existing Seaside Market is located in an in-line shop within a commercial center on San Elijo Avenue. Adjacent Area: Direction General Plan & Community Character Land Use Zoning District Context North GC/C-GC1 Village Center Commercial retail South GC/C-GC1 Village Center Commercial retail East GC/C-GC2 Village Center Commercial retail West TC/TC Village Center Rail Corridor The existing land uses surrounding the project site include a mix of commercial development to the north, south and east. The rail corridor is to the west across San Elijo Avenue. General Plan Consistency The Cardiff-by-the-Sea Specific Plan applies to the project site. The General Plan and Local Coastal Plan Compliance is associated with Chapter 8.0 of the Cardiff-by-the-Sea Specific Plan. The existing market use is consistent with the General Commercial (GC) General Plan designation. Given that the market is existing and a Type 86 alcohol license is present on the premises, the proposed change of alcohol license to allow Seaside Market employees to serve alcohol for various cooking classes, wine and beer tastings, community events and private parties on the premises within the second story mezzanine area is consistent with the existing condition and the General Plan. General Plan Goal or Policy of DESP LU Policy 1.14: The City will maintain and enhance the Hwy 101 commercial corridor by providing appropriate communityserving tourist-related and pedestrian-oriented uses. LU Policy 6.5: The design of future development shall consider the constraints and opportunities that are provided by adjacent existing development. Explanation of Project Conformance The proposed use, as conditioned, will provide a diversified dining option for those living in the community. The use will complement the commercial activities that exist within the Cardiff area and specifically, those uses located on the street frontage of San Elijo Avenue. The proposed alcohol service is compatible with the existing surrounding commercial uses, and as conditioned, will not negatively affect the residential development that is located to the east of the project site. An alcohol license already exists on this property. APRIL 21, 2016 ITEM 6F 3 of 66

4 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 Municipal Code Analysis The project proposes to modify the existing Minor Use Permit for the existing market to allow the employees to serve wine and beer for on site consumption associated with cooking classes, wine and beer tastings, community events and private parties within the Seaside Market. Development Standard Project Proposed Complies? Land Use Pursuant to the Cardiff Specific Plan (Zoning Use Matrix) markets with the sale of alcohol require the approval of a Minor Use Permit in the C-GC1 zone. Yes No Setbacks, Lot Coverage, FAR, The existing market conforms to the C- Yes No and Building Height GC1 requirements. Parking No additional parking required. Yes No No new floor area proposed with this request. Therefore, no additional parking is required. However, the existing parking spaces must remain and shall not be reduced without approval from the Planning and Building Department. Minor Use Permit: The project is requesting approval of a Minor Use Permit to allow on site consumption of beer and wine associated with cooking classes, wine and beer tastings, community events and private parties within the Seaside Market. These ancillary uses with the onsite sale of beer and wine require a Minor Use Permit. According to the Cardiff-by-the-Sea Specific Plan Zoning Matrix Table 3-1, a Wine Bar use requires the approval of a Minor Use Permit in the C-GC1 zone. Furthermore, the Planning Commission, through a Planning Commission Interpretation action (Case No PCIN), determined that a beer tasting room use is within the scope of a Wine Bar use permitted within the C-GC1 zone with a minor use permit. That determination was considered a determination of allowable use consistent with Section (A) of the Encinitas Municipal Code. Section (D) provides that The determination of allowable use by the Planning Commission shall become final and thereafter control development within the particular zone. The project complies with all applicable policies of the General Plan, applicable provisions of the Municipal Code and the Cardiff Specific Plan. The project would be required to comply with all applicable Building and Fire codes through reliance on this Minor Use Permit Modification. The existing market with on-site service and consumption of beer and wine is currently operating without specific operational conditions. The original approval was under County jurisdiction and did not include these conditions since it was not required at the time of approval. The proposed request includes operational conditions that contain specific operation characteristics and alcohol service limitations for the market space. Specific operation characteristics include: The proposed hours of operation for the market Mezzanine area is: APRIL 21, 2016 ITEM 6F 4 of 66

5 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 o Monday thru Sunday from 7 a.m. to 10 p.m. on the interior (existing hours/no change). No live entertainment is proposed. The Sheriff reviewed that project and had no concerns. As a condition, the applicant is required to obtain a Type 42 license from the Department of Alcoholic Beverage Control (ABC) to authorize the site to allow employees to pour alcohol for tastings and events expansion of beer and wine service with the Seaside Market retail operation. The Type 42 ABC license authorizes the sale of beer and wine for consumption and must be obtained prior to initiating any use in reliance on this minor use permit. Coastal Development Permit: The proposed project is located within the Coastal Zone of the City of Encinitas and requires approval of a regular Coastal Development Permit. Adherence to the development standards within the Encinitas Municipal Code, Cardiff Specific Plan and the goals and policies of the Encinitas General Plan the project will be consistent with the City s adopted Local Coastal Program. The project is not within the Coastal Commission s appeal jurisdiction. PUBLIC NOTICE AND PARTICIPATION Public Notice Notice of this public hearing was mailed on April 7, 2016, to all property owners and occupants within 500 feet of the project site and to anyone who requested such notice in writing, in compliance with Municipal Code Section and Government Code Sections 65090, and 65092, as applicable. Additionally, as a courtesy, the notice was posted at City Hall and on the Planning and Building Department s Internet site under Public Notices and via e- Project Source. Citizen Participation Program The applicant submitted a Citizen s Participation Program (CPP) in accordance with Section of the Municipal Code. All owners and tenants were notified of the CPP meeting and proposed project. The neighborhood meeting was held on Saturday, December 5, 2015, at 10:00 a.m. According to the CPP Final Report, three members of the public attended the meeting. Questions related to existing parking issues and area of proposed alcohol service area were answered successfully at the meeting. ENVIRONMENTAL CONSIDERATIONS It has been determined that the proposed project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section Section exempts projects involving negligible or no expansion of use beyond that existing at the time of the environmental determination. The proposed project is to allow alcohol service within an existing market and mezzanine area and the proposed project does not involve any expansion beyond the existing use, as it merely modifying an existing service, which is accessory to the principal use. None of the exceptions listed in Section exist for the proposed project. APRIL 21, 2016 ITEM 6F 5 of 66

6 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 DISCUSSION The proposed Minor Use Permit and Coastal Development Permit will authorize the sale of beer and wine for on-site consumption within an existing market mezzanine area. The project site is zoned C-GC1. According to the zoning standards of the Cardiff Specific Plan, the C-GC1 zone is intended to provide a wide range of mixed-use activities, including retailing, and service uses, to accommodate Citywide or regional needs. The existing market is located on San Elijo Avenue, which contributes to the day-to-day commercial needs of the community. Land Use Compatibility The purpose of this Minor Use Permit is to review the proposed project, which may involve special site or design requirements, operating characteristics, or may have potential adverse effects on the surrounding area, and impose special conditions of approval as necessary. The operational characteristics of the use have been reviewed and analyzed and it has been determined that the proposed use (alcohol service within an existing market) will not adversely affect adjacent uses, residences, buildings, structures, or natural resources. The existing market with mezzanine structures located on the second floor area is compatible with the surrounding uses. There are a number of other general retail establishments, commercial services, and restaurant uses that are located along San Elijo Avenue. The closest residential uses are located to the east behind existing commercial uses. No adverse impacts to the adjacent residential uses are anticipated. The San Diego Sheriff s Department reviewed the proposed project and had no concerns with the proposed Minor Use Permit Modification request. Additionally, there are no code enforcement complaints on file for this establishment. FINDINGS Based on Encinitas Municipal Code Section , findings for a Use Permit and the aforementioned analysis, staff has made the following findings to support the recommendation of approval. Finding for Use Permit 1. The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed project, Explanation of Finding The site is an existing market and all public utilities are in place to serve the project. APRIL 21, 2016 ITEM 6F 6 of 66

7 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 Finding for Use Permit b. The unsuitability of the site for the type and intensity of use or development which is proposed, and Explanation of Finding The operational characteristics of the use have been reviewed and analyzed in consideration of the suitability of the site, and it has been determined that the proposed allowance of onsite wine and beer consumption associated with cooking classes, wine and beer tastings, community events and private parties on the premises within an existing market will not adversely affect adjacent uses, residences, buildings, structures, or natural resources. Due to the physical separation of the proposed project site to the nearest residential use to the east, no adverse impacts to the adjacent residential uses are anticipated. The operating characteristics and hours of operation of the use present no evidence of incompatibility with the site or surrounding development. No live entertainment is proposed and the project is conditioned to limit the use from 7 a.m. to 10 p.m., minimizing any potential impacts to the surrounding businesses and residential uses. 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. The project will not have a harmful effect on environmental quality or natural resources. The site is surrounded by previously developed properties. There are no environmental issues associated with the project. It has been determined that the project is exempt from environmental review. The proposed use, as conditioned, is consistent with the policies of the General Plan, Cardiff 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 use, as conditioned, will not adversely affect adjacent uses, residences, buildings, structures, or natural resources. The project is subject to conditions, which include limitations and requirements for the use. The proposed project will be required to comply with the City s noise regulations outlined in EMC Chapter 9.32 and Section 8.7 of the Cardiff Specific Plan. APRIL 21, 2016 ITEM 6F 7 of 66

8 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 Based on Encinitas Municipal Code Section (Coastal Development Permit), findings for a Coastal Development Permit and the aforementioned analysis, staff has made the following findings to support the recommendation of approval, with conditions: Finding for Coastal Development Permit 1. The proposed project is consistent with the certified Local Coastal Program of the City of Encinitas. 2. The proposed development conforms with Public Resources Code Section and following (CEQA) and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section et seq. of the Coastal Act. Explanation of Finding With approval of the Minor Use Permit and Coastal Development Permit, the project conforms to the Cardiff-by-the-Sea Specific Plan and the Local Coastal program of the City of Encinitas. The project as proposed complies with applicable development standards for the subject C-GC1 zone. The project will not have a harmful effect on environmental quality or natural resources. It has been determined that the project is exempt from environmental review. The project site is located on the east side of San Elijo Avenue, which is not between the first public road and the sea. CONCLUSION The proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code and Cardiff-by-the-Sea Specific Plan. With approval of the Minor Use Permit and Coastal Development Permit application, as conditioned, the project as proposed will comply with all regulations, conditions, and policies of the Cardiff-by-the-Sea Specific Plan and the Municipal Code. Staff recommends that the Planning Commission approve Case No MIN/CDP based upon the findings and conditions contained in the attached draft Resolution of Approval (Attachment 1). ATTACHMENTS 1. Proposed Resolution 2. Vicinity Map with Aerial Image 3. Application and Disclosure Statement 4. Public Notice and 500-foot radius map 5. Citizen Participation Program 6. Reduced Plans 7. On-Sale ABC Licenses Map 8. Full-sized Plans APRIL 21, 2016 ITEM 6F 8 of 66

9 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 ATTACHMENT 1 Proposed Planning Commission Resolution APRIL 21, 2016 ITEM 6F 9 of 66

10 RESOLUTION NO. PC A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A MINOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO AUTHORIZE ON-SITE WINE AND BEER CONSUMPTION ASSOCIATED WITH COOKING CLASSES, WINE AND BEER TASTINGS, COMMUNITY EVENTS AND PRIVATE PARTIES ON THE PREMISES AT AN EXISTING MARKET LOCATED AT 2087 SAN ELIJO AVENUE (CASE NO MIN/CDP; APN: ) WHEREAS, Cardiff Seaside Market submitted an application for a Minor Use Permit and Coastal Development Permit to authorize on-site wine and beer consumption associated with cooking classes, wine and beer tastings, community events and private parties on the premises for on-site consumption at an existing market located at 2087 San Elijo Avenue, legally described as: The legal description of the lot is as described in the September 19, 2002 Instrument No of Official Records in the County of San Diego, State of California. WHEREAS, the Planning Commission conducted a duly noticed public hearing on April 21, 2016; NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case No MIN/CDP based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination It has been determined that the proposed project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section Section exempts projects involving negligible or no expansion of use beyond that existing at the time of the environmental determination. The proposed project is to allow on-site wine and beer consumption associated with cooking classes, wine and beer tastings, community events and private parties on the premises and the proposed project does not involve any expansion beyond the existing use, as it merely provides more of an existing service, which is accessory to the principal use. The project meets the criteria for the exemption. None of the exceptions listed in Section exist for the proposed project. Section 2. Discretionary Action(s) Findings APRIL 21, 2016 ITEM 6F 10 of 66

11 FINDINGS Based on Encinitas Municipal Code Section , findings for a Use Permit and the aforementioned analysis, Planning Commission has made the following findings to support the recommendation of approval. Finding for Use Permit 1. The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed project, b. The unsuitability of the site for the type and intensity of use or development which is proposed, and Explanation of Finding The site is an existing market and all public utilities are in place to serve the project. The operational characteristics of the use have been reviewed and analyzed in consideration of the suitability of the site, and it has been determined that the proposed allowance of onsite wine and beer consumption associated with cooking classes, wine and beer tastings, community events and private parties on the premises within an existing market will not adversely affect adjacent uses, residences, buildings, structures, or natural resources. Due to the physical separation of the proposed project site to the nearest residential use to the east, no adverse impacts to the adjacent residential uses are anticipated. The operating characteristics and hours of operation of the use present no evidence of incompatibility with the site or surrounding development. No live entertainment is proposed and the project is conditioned to limit the use from 7 a.m. to 10 p.m., minimizing any potential impacts to the surrounding businesses and residential uses. 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 The project will not have a harmful effect on environmental quality or natural resources. The site is surrounded by previously developed properties. There are no environmental issues associated with the project. It has been determined that the project is exempt from environmental review. The proposed use, as conditioned, is consistent with the policies of the General APRIL 21, 2016 ITEM 6F 11 of 66

12 Finding for Use Permit 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. Explanation of Finding Plan, Cardiff 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 use, as conditioned, will not adversely affect adjacent uses, residences, buildings, structures, or natural resources. The project is subject to conditions, which include limitations and requirements for the use. The proposed project will be required to comply with the City s noise regulations outlined in EMC Chapter 9.32 and Section 8.7 of the DESP. Based on Encinitas Municipal Code Section (Coastal Development Permit), findings for a Coastal Development Permit and the aforementioned analysis, staff has made the following findings to support the recommendation of approval, with conditions: Finding for Coastal Development Permit 1. The proposed project is consistent with the certified Local Coastal Program of the City of Encinitas. 2. The proposed development conforms with Public Resources Code Section and following (CEQA) and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section et seq. of the Coastal Act. Explanation of Finding With approval of the Minor Use Permit and Coastal Development Permit, the project conforms to the Cardiff-by-the-Sea Specific Plan and the Local Coastal program of the City of Encinitas. The project as proposed complies with applicable development standards for the subject C-GC1 zone. The project will not have a harmful effect on environmental quality or natural resources. It has been determined that the project is exempt from environmental review. The project site is located on the east side of San Elijo Avenue, which is not between the first public road and the sea. BE IT FURTHER RESOLVED that based on the Environmental Determination and Findings hereinbefore adopted by the Planning Commission, Case No MIN/CDP is hereby approved subject to the conditions in Exhibit A. APRIL 21, 2016 ITEM 6F 12 of 66

13 PASSED AND ADOPTED this 21 st day of April, 2016, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Michael Glenn O Grady, Chair ATTEST: Manjeet Ranu, AICP Secretary APRIL 21, 2016 ITEM 6F 13 of 66

14 EXHIBIT "A" Resolution No. PC Case No MIN/CDP Applicant: Cardiff Seaside Market Location: 2087 San Elijo Avenue (APN: ) SC1 SPECIFIC CONDITIONS: SC2 SC5 SCA At any time after two years from the date of this approval, on April 21, 2018, at 5:00 pm, 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. This project is conditionally approved as set forth on the application and project drawings stamped received by the City on November 17, 2015, consisting of two sheets including a Site Plan and Floor Plan, all designated as approved by the Planning Commission on April 21, 2016, and shall not be altered without express authorization by the Planning and Building Department. The following conditions shall be completed and/or fulfilled to the satisfaction of the Planning and Building Department: 1. This use permit authorizes the on-site sales and consumption of beer and wine as an accessory use to the existing market use. This use permit shall be null and void when/if the existing market use ceases. 2. The hours of operation with on-site service and consumption beer and wine service for the existing market shall be limited to 7 a.m. to 10 p.m., seven days a week. 3. The market shall comply with Chapter 9.32 (Noise Abatement and Control) of the Municipal Code at all times, as it relates to noise thresholds as measured at the property line. 4. The requirements and restrictions of an ABC license shall be in addition to this approval. 5. 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. 6. The serving and consumption of alcohol shall be limited to the interior upstairs mezzanine consisting of a 1,165-square foot area in accordance with the floor plan dated November 17, No consumption or service of alcohol shall take place in any other areas including outdoor areas not specifically authorized herein. APRIL 21, 2016 ITEM 6F 14 of 66

15 7. Any modifications to the alcohol service areas and hours of operations as approved herein and depicted on the project plans dated received by the City on April 11, 2016 and other related documents including floor plans, shall be reviewed by the Planning and Building Department for compliance with conditions of approval of this use permit, and determine whether a modification to the use permit is necessary. 8. No live music shall be allowed and no other music shall be audible outside of the restaurant space. Incidental music shall be allowed within the interior of the restaurant during the hours of operations. 9. No dancing shall be permitted on the premises at any time. 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 the Planning and Building Department. 11. All conditions of Planning Commission Resolution No associated with Case No DR/CDP shall remain in full force and effect unless specifically modified herein by this resolution. SCB The Fire Department shall inspect service area prior to final of occupancy. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 G4 G5 G6 G12 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. 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 Planning and Building 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. 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. Permits from other agencies will be required as follows: State Alcoholic Beverage Control 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 Planning and Building Department. APRIL 21, 2016 ITEM 6F 15 of 66

16 SIGNS S1 Any signs proposed for this development shall be designed and approved in conformance with Encinitas Municipal Code Chapter USE PERMITS U1 U2 U3 U4 U5 U7 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. In the event that any of the conditions of this permit are not satisfied, the Planning and Building Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should revoke this permit. 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. 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. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a use permit contained in Section 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 UA2 UA3 UA6 The use shall operate within the scale, scope and limitations as described in the approved project plans and associated documentation. 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. No sales of alcoholic beverages for consumption off-premises are authorized through this permit. 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. APRIL 21, 2016 ITEM 6F 16 of 66

17 UA7 UA8 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. Upon a change to the business model as represented in the project description, the use permit shall be reviewed by the Planning and Building Director for compliance with conditions of approval or to determine whether a modification to the use permit is necessary. The applicant is responsible at all times for verifying the legal age of patrons, monitoring the behavior of patrons, and taking appropriate actions to deter conduct that may threaten the health, safety or welfare of patrons or property. UA10 The applicant 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. UA11 No individual under 21 years of age, or without proper identification, shall be served or sold alcohol. UA12 The site shall be maintained in a neat and orderly manner at all times. UA13 No sales of alcoholic beverages for consumption off-premises is authorized through this permit. UA14 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. APRIL 21, 2016 ITEM 6F 17 of 66

18 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 ATTACHMENT 2 Vicinity Map and Aerial Image APRIL 21, 2016 ITEM 6F 18 of 66

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20 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 ATTACHMENT 3 Application and Disclosure Statement APRIL 21, 2016 ITEM 6F 20 of 66

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52 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 ATTACHMENT 4 Public Notice and 500-foot Radius Map APRIL 21, 2016 ITEM 6F 52 of 66

53 CITY OF ENCINITAS PLANNING AND BUILDING DEPARTMENT LEGAL NOTICE OF PUBLIC HEARING By The Planning Commission PLACE OF MEETING: Council Chambers, Civic Center 505 South Vulcan Avenue Encinitas, CA THE ABOVE MENTIONED AGENCY IS AN EQUAL OPPORTUNITY PUBLIC ENTITY AND DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, ETHNIC ORIGIN, NATIONAL ORIGIN, SEX, RELIGION, VETERANS STATUS OR PHYSICAL OR MENTAL DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICE. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT/SECTION 504 REHABILITATION ACT OF 1973, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE PLANNING AND BUILDING DEPARTMENT AT (760) It is hereby given that a Public Hearing will be held on Thursday, the 21 st day of April, 2016, at 6:00 p.m., or as soon as possible thereafter, by the Encinitas Planning Commission to discuss the following hearing item of the City of Encinitas: PROJECT NAME: Cardiff Seaside Market Beer and Wine CASE NUMBER: MIN/CDP FILING DATE: November 17, 2015 APPLICANT: John Najjar (Cardiff Seaside Market) LOCATION: 2087 San Elijo Avenue (APN: ) PROJECT DESCRIPTION: Public hearing to consider a Minor Use Permit and Coastal Development Permit to upgrade an existing Alcohol Beverage Control (ABC) license to allow on site wine and beer consumption associated with cooking classes, wine and beer tastings, community events and private parties on the premises. ZONING/OVERLAY: The project site is located in the Cardiff-by-the-Sea Specific Plan General Commercial-1 (C-GC-1) zone and within the Coastal Zone. ENVIRONMENTAL STATUS: The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines. An appeal of the Planning Commission determination, accompanied by the appropriate filing fee, may be filed by 5:00 p.m. on the 15 th calendar day following the date of the Commission s determination. Appeals will be considered by the City Council pursuant to Chapter 1.12 of the Municipal Code. Any filing of an appeal will suspend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Code Section (D)(1) until such time as an action is taken on the appeal. The above item is located within the Coastal Zone and requires issuance of a regular Coastal Development Permit. The action of the Planning Commission or City Council may not be appealed to the California Coastal Commission. Under California Government Code Section 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only the issues you or someone else raised regarding the matter described in this notice or written correspondence delivered to the City at or before the time and date of the determination. For further information, or to review the application prior to the hearing, please contact Todd Mierau, Associate Planner, at (760) or by at tmierau@encinitasca.gov; or contact the Planning and Building Department, 505 South Vulcan Avenue, Encinitas, CA at (760) or by at planning@encinitasca.gov. PBD/TGM/T:LEGALS/Attachment 4 APRIL 21, 2016 ITEM 6F 53 of 66

54 VICINITY MAP 2087 San Elijo Avenue Encinitas, CA PROJECT SITE PBD/TGM/T:LEGALS/Attachment 4 APRIL 21, 2016 ITEM 6F 54 of 66

55 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 ATTACHMENT 5 Citizen Participation Program APRIL 21, 2016 ITEM 6F 55 of 66

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61 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 ATTACHMENT 6 Reduced Plans APRIL 21, 2016 ITEM 6F 61 of 66

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64 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 ATTACHMENT 7 On-Sale ABC Licenses Map APRIL 21, 2016 ITEM 6F 64 of 66

65 Somers et Av e Marvi ew Dr Concentration of On-Sale ABC Licenses in Cardiff J St K St Firs t St Arden Dr M St Summit Pl San Elijo Ave Summit A ve Rube ns tei n Ave Ito San Pl Avenida De Monac o May Ct Bac h St I-5 I-5 I-5 Regal Rd I-5 Starlight Dr Golden Rd Gardena Rd I-5 Care tta Wa y Arcadia Rd Faith Ave Nardo Rd Santa Fe Dr Cathy Ln Kings Cross Dr Munev ar Rd Windsor Rd Boni ta Dr Bras s Wa y Blue Sky D r Kav a Ct Greenlake Dr Aloha Dr Balour Dr Evergreen Dr Woodgrove Dr Oc eanic Dr Melba Rd Wotan Dr Torre y Dr Cres t D r Birchvie w Dr Peachwood Dr Berry ma n Canyon Cerro St Landquis t D r Hollyridge Dr Fai rlee Dr Val leydale Ln Colony Ter Enc initas Blvd Candy Ln Denk Ln Mc C ain Ln By Encinitas GIS Division Coordinate System: California State Plane Feet, Zone 6 Datum: NAD83 Brahms Rd S Coast Highway 101 I-5 Norfolk Dr Ox ford Ln I-5 Nolbey St Playa Riv iera Dr Debann Dr Pariva Dr Legay e Dr Freda Ln Judy Ln Wa les Dr Sage Canyon Dr Pacific Ranch Dr Stonebri dge Ln Solana Pt Cir N Highway 101 Sola na Pt C ir Mack innon Ranch Rd Emma Dr Dora Dr C A R D I F F B Y T H E S E A I-5 Lak e Dr Sea Vi llage Cir Vi a Ti empo S El C amino R eal El Ca mi no C t Lorimer Ln Tennis Pl Sienna Canyon Dr El Puente La Noria Camino Privado Cardiff This map was produced by the City of Encinitas GIS and is designed for internal use only. The map is based on the best data available at the time of production and is not guaranteed to survey accuracy. City of Encinitas, SanGIS, SANDAG, 2010 Census and other data are represented. Date of Map Production: 4/29/2014 µ 0 2,000 T:\Req uests\adho c M a ps\pla N_ 13_ A lcoh olp e rm itti ng\ce nsu sm aps4 _28 \P L A N_1 3_A l coho lp erm i ttin g_c once ntratio n10 _Ca rdiff.m xd E Circ le D r N Ac acia Ave Seabright Ln Gi bs on PT N C edros Ave Midori Ct N R ios A ve Barbara Av e Barbara Av e N Granados Ave Oc ean Cove Dr Holmwood Ln I-5 I-5 Marview Ln I-5 I-5 Canyon Pl Canyon Dr Glencrest Dr Dell Ct Manchester Ave Santa Ine z Ridgeline Pl Gl encrest Pl Dell St Sola na Hills Dr I-5 Sb Off San Elijo Lagoon Santa Hidalga I-5 Nb On Santa Este lla Santa Rosita Santa Queta Santa Cec elia Santa Alicia Santa Hele na Park Ct Private DY San Patricio Dr Santa Hele na Cerro Largo Dr Camino De La s Villas Santa Luisa Dr Santa Vi ctoria Sun Valley Rd Feet APRIL 21, 2016 ITEM 6F 65 of 66!!!!!! All Establishments Vi a Mil Cumbres At Limit Over Limit Camino Teresa Loma Larga Dr Lomas Sa nta Fe D r San Mario D r El Ca mi no Real Rancho Serena Under Limit Community Boundary Highland Dr TRACT TotalPop On-Sale

66 PLANNING COMMISSION AGENDA ITEM 6F APRIL 21, 2016 ATTACHMENT 8 Full-sized Plans (Commissioner Packets Only) APRIL 21, 2016 ITEM 6F 66 of 66