NaPizza Type 41 Alcohol License request. Minor Use Permit (MIN) Coastal Development Permit (CDP) Exempt APPROVE MIN/CDP.

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1 PLANNING COMMISSION AGENDA REPORT Development Services Department Agenda Item: Project Name: Request: Discretionary Actions: CEQA Recommendation: STAFF RECOMMENDATION: 8A NaPizza Type 41 Alcohol License request A request for alcohol service (beer and wine) for the interior of an existing restaurant. Minor Use Permit (MIN) Coastal Development Permit (CDP) Exempt APPROVE Project Number: MIN/CDP Location: 615 South Coast Highway 101 Community: Old Encinitas APN: Applicant: Representative: Project Planner: Christopher Antinucci and Giulia Colmignoli Russell Stout & Associates Todd Mierau, Associate Planner, TMierau@encinitasca.gov Commission Meeting Date: September 21, 2017 City Council Hearing Required? No Report Approval: Roy Sapa u, Acting City Planner Recommended Actions: 1. Conduct the public hearing; and 2. Adopt the resolution APPROVING the project, subject to conditions SEPTEMBER 21, 2017 ITEM 8A 1 of 53

2 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 PROJECT DESCRIPTION Restaurant is a permitted use by right in the underlying Downtown Encinitas Specific Plan Commercial Mixed 1 (D-CM-1)) zone. The Planning Commission is being asked to consider the Minor Use Permit and Coastal Development Permit in order to determine whether authorizing the proposed Type 41 ABC License for on-site service of beer and wine in conjunction with the existing restaurant. The operation of the existing restaurant will not change as a result of the proposed ABC license. Key project features are as follows: 1. No exterior construction is proposed as part of this application apart from new wall signage. 2. The Type 41 ABC license would authorize on-site consumption of beer and wine only. No distilled spirits would be permitted on the premises. 3. Alcohol sales would occur during the restaurant s existing business hours as follows: 10 a.m. to 10 p.m. - 7 days a week 4. Food service must be available during all hours of operation. Food service is currently available during business hours as follows: 10 a.m. to 10 p.m. - Sunday to Thursday 10 a.m. to 2 a.m. Friday and Saturday 5. No live entertainment is proposed. PROJECT ANALYSIS Background The tenant space was previously occupied by a Mexican restaurant without alcohol sales. There are three other attached suites (attached to the south) that are on the subject parcel. No parking is available on-site for this development. The subject building is part of an original 1940 s development in the heart of the downtown of Encinitas. The four separate suites consist of 5,860 square feet located on a 7,405-square foot lot. 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 Downtown Encinitas Specific Plan D-CM-1 Coastal Overlay Zone Mainstreet Corridor None None The project site includes the existing restaurant building area facing South Coast Highway 101. The project is located within the Downtown Encinitas Specific Plan and the Mainstreet Corridor SEPTEMBER 21, 2017 ITEM 8A 2 of 53

3 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 Community Character Context. The Mainstreet Corridor allows for mixed-use, commercial uses and visitor serving type uses. The experience along the Coast Highway 101 Corridor is lively, with numerous restaurants and cafes, some with outdoor seating and retail uses. Adjacent Areas: Direction General Plan Community Character Context Land Use & Zoning District North GC/D-CM-1 Mainstreet Corridor Commercial Tenant/Retail South GC/D-CM-1 Mainstreet Corridor Commercial Tenant/Retail East GC/D-CM-1 Mainstreet Corridor Mixed Use/Restaurant West GC/D-CM-1 Mainstreet Corridor Commercial Tenant/Restaurant The subject site is surrounded by development with retail and other commercial uses. To the north and south are retail uses, a drive-through restaurant is located to the west and restaurant and mixed use project to the east. The restaurant is consistent with the neighborhood use and characteristics. General Plan Consistency The City of Encinitas General Plan includes a number of goals and policies that guide development and land use within the City. A discussion of how the project is consistent with the applicable General Plan policies is summarized below: General Plan Goal or Policy LU Policy 1.8: Encourage the types of commercial activities, which will supply the community with a diverse economic base. LU Policy 6.1: Permit commercial land uses and other types of nonresidential development only in those areas where such development presently is concentrated or where indicated by the General Plan as long as such development does not result in land use conflicts with surrounding residential development. Explanation of Project Conformance The subject suite is located between a variety of restaurant, retail and office uses. The proposed restaurant use with alcohol service will contribute to the existing diverse economic base. The proposed site is located with the D-CM-1 zone, which allows for restaurants, retail uses and other visitor serving commercial uses. The subject site is developed with an existing restaurant and is surrounded by commercial uses to the north and south. The project proposes a restaurant with alcohol service similar to surrounding uses in the Downtown district. Downtown Encinitas Specific Plan Development Standards Analysis The Downtown Encinitas Specific Plan includes a number of development standards for project located within the Commercial Mixed-Use 1 zoning district. A discussion of how the project is in compliance with the applicable zoning standards is summarized below: SEPTEMBER 21, 2017 ITEM 8A 3 of 53

4 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 D-CM-1 Development Standards Development Standard Project Proposed Complies Setback- Front Yard- 0 ft., 0 ft. Yes No Rear Yard- 0 ft., 0 ft. Yes No Side Yard- 0 ft. 0 ft./0 ft. Yes No Height- 30 ft. 0 in. 17 ft. 0 in. No change Yes No Lot Coverage- 90% 79% Yes No Floor Area Ratio- No requirement N/A Yes No Parking- Restaurant: 1 space per 100 sf of dining area 1,210 sf /100 sf = 13 spaces 2 on-street parking spaces* Yes No * * Existing legal nonconforming. The project complies with all standards of the D-CM-1 zone including floor area ratio, building height, lot coverage, and setbacks with the exception of parking. Parking Requirements/Legal Nonconformity The Downtown Encinitas Specific Plan (DESP) Section c requires parking spaces for a proposed addition or increase in floor area per the parking ratio provided in Table 3 of the specific plan. The project proposes no change to the existing square-footage and no change to the previous use. The on-street parking credit on-street is approximately 2 spaces for this restaurant. As a legal nonconformity, the proposed project complies with the parking requirements outlined in Chapter (Off-street Parking) of the Municipal Code and Section Parking Standards of the DESP. Minor Use Permit The restaurant use with alcohol service requires a Minor Use Permit within the D-CM-1 zone. The applicant proposes the following hours for alcohol and food services with the restaurant operation: Outdoor Areas: None exists and none proposed. Indoor Areas: 10 a.m. to 10 p.m. for alcohol service, 7 days a week. 10 a.m. to 10 p.m. for food service, Sunday to Thursday. 10 a.m. to 2 a.m. for food service, Friday and Saturday. The Sheriff s Department has reviewed and concurred with the proposed hours of operation of the restaurant with alcohol service. Alcoholic Beverage Control Census Tract Analysis NaPizza is located within Census Tract According to the Department of Alcoholic Beverage Control s database query, as of September 14, 2017, there are 39 active on-sale and off-sale retail ABC licenses within this census tract. NaPizza is proposing a Type- 41 ABC license. Currently there are 16 Type-41 ABC licenses within Census Tract (Please see Attachment PC-6 for a map of the Census Tract boundaries and location), which includes all of SEPTEMBER 21, 2017 ITEM 8A 4 of 53

5 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 Downtown. The following on-sale and off-sale retail ABC licenses currently exist within Census Tract : One license has been issued to a restaurant with a wine processing operation as an accessory use, which is reliant upon its Type 02 (Winegrowers) ABC License. Twelve licenses have been issued to restaurant establishments authorizing the sale of beer, wine and distilled spirits at a bona-fide eating-place (Type-47) Sixteen licenses have been issued to restaurants authorizing the sale of beer and wine at a bona-fide eating place (Type 41) Two licenses have been issued to bar/nightclubs authorizing the sale of beer, wine and distilled spirits without the sale of food (Type-48) Four license has been issued to package stores (i.e. 7-Eleven) authorizing the sale of beer and wine for off-site consumption (Type-20) One licenses have been issued to a package store authorizing the sale of beer, wine and distilled spirits for off-site consumption (Type-21) One license has been issued to a private veteran s club authorizing the sale of beer, wine and distilled spirits to members and their guests (Type-52) Two licenses have been issued authorizing wine tasting (Type-86) in association with a grocery store s active Type-20 ABC license; and One license has been issued (Type-85) authorizing the sale of beer and wine via direct mail, telephone or the internet. No direct sales to the consumer from a premises open to the public. A summary of the issued licenses within Census Tract is provided below: License Type License Privileges Number Issued Type 2 Wine and brandy for on- and off- premises 0 Type-41 Beer and wine for on-site consumption at a restaurant 16 Type-47 Beer, wine and distilled spirits for on-site consumption a 12 restaurant Type-48 Beer, wine and distilled spirits with no food service required 2 (bar/nightclub license) Type-52 Beer, wine and distilled spirits to members and guests 1 (private veteran s club license) Type-20 Beer and wine for off-site consumption 4 Type-21 Beer, wine and distilled spirits for off-site consumption 1 Type-86 Wine tasting license in association with an active Type-20 2 license Type-85 Beer and wine sales via direct mail, telephone, or internet 1 Total: 39 SEPTEMBER 21, 2017 ITEM 8A 5 of 53

6 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 Additional information about the active licensees and license types is included as part of Attachment PC-6 of this staff report. Local Coastal Program Consistency The proposed project is located within the Coastal Zone of the City of Encinitas and requires approval of a Coastal Development Permit. The project includes only the request to allow for a Type 41 Alcohol and Beverage Control (ABC) license to an existing restaurant with seating. No exterior changes are proposed with this application apart from signage and no outdoor dining or outdoor dining with alcohol service is proposed or allowed. Adherence to the development standards within the Encinitas Municipal Code and Downtown Encinitas Specific Plan and the goals and policies of the Encinitas General Plan and Downtown Encinitas Specific Plan ensures consistency with the City s adopted Local Coastal Program. The project is not within the California Coastal Commission s appeal jurisdiction. PUBLIC NOTICE AND PARTICIPATION Public Notice Notice of this public hearing was mailed on September 7, 2017, 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 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. No comments received by staff as of the date of the preparation of this report. Citizen Participation Program A Citizen s Participation Program meeting was held on February 21, According to the CPP Final Report (attached as part of Attachment PC-5), concerns expressed were related to hours of operation, business operations and minimizing overflow. The project is conditioned herein, to keep the public sidewalk free and clear, the hours of operation for alcohol services are limited to 10 a.m. to 10 p.m., 7 days a week. ENVIRONMENTAL CONSIDERATIONS The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section Section exempts negligible expansions such as the service of alcohol to guests of the restaurant. The proposed restaurant with alcohol service meets the exemption criteria. None of the exceptions in Section of the CEQA Guidelines exists. DISCUSSION The Sheriff s Department reviewed the proposed Type 41 Alcohol Beverage Control (ABC) license for on-site beer and wine consumption in conjunction with the existing restaurant as well as its proposed operational characteristics and deemed them acceptable. Findings to justify the request are listed below. Recommended conditions of approval are included in the attached draft resolution of approval (Attachment PC-1) for the proposed use. SEPTEMBER 21, 2017 ITEM 8A 6 of 53

7 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 FINDINGS Based on the findings for a Minor Use Permit as per Encinitas Municipal Code Section (Use Permit) and the aforementioned analysis, staff has made the following findings to support the recommendation of approval, with conditions: Findings for Major 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. 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. Explanation of Finding No evidence has been identified to indicate that the location, size design or operating characteristics of the proposed project will be incompatible with, will adversely affect or will be materially detrimental to adjacent uses, residence, buildings, structures or natural resources. The Sheriff s Department reviewed the application and supplemental information and deemed them acceptable. Necessary facilities and services are in place to serve the project. The site is suitable for the restaurant with beer and wine service and is compatible with similar development in the surrounding community. No evidence has been identified to indicate that the proposed project would have a harmful effect upon the environmental quality and natural resources of the City. The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections The proposed use, as conditioned, is consistent with the policies of the General Plan, the Downtown Encinitas 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. The project is subject to conditions, which includes 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 the Section 10.3 of the Downtown Encinitas Specific Plan. The project is subject to the Proactive Code Enforcement Program (PACE) and Deemed Approved Ordinance (DAO). SEPTEMBER 21, 2017 ITEM 8A 7 of 53

8 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code Section (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 project is consistent with the certified Local Coastal Program of the City of Encinitas. 4. The proposed development conforms with Public Resources Code Section and following (CEQA) in 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. 5. 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 1. The proposed project, as conditioned, is consistent with the certified Local Coastal Program of the City of Encinitas, consisting of the General Plan, Downtown Encinitas Specific Plan and the Encinitas Municipal Code with the approval of the Minor Use Permit and Coastal Development Permit; 2. No evidence has been identified to indicate that significant environmental impacts would result from the proposed project. The project has been determined to be exempt from environmental review per the California Environmental Quality Act (CEQA) Guidelines Sections 15301; and 3. Finding No. 3 is not applicable since the project site is located on North Coast Highway 101, which is not between the first public road and the Pacific Ocean. CONCLUSION The proposed project is consistent with the Minor Use Permit and Coastal Development Permit findings and as such is compatible with its surrounding community and will not have a negative impact with adherence to the Conditions of Approval contained in the attached draft Resolution of Approval (Attachment PC-1). 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 PC-1). ATTACHMENTS PC-1 Proposed Resolution PC-2 Vicinity Map with Aerial Image PC-3 Application, Disclosure Statement and Supplementary Materials PC-4 Public Notice and 500-foot radius map PC-5 Citizen Participation Program Final Report PC-6 ABC Census Tract and List of Existing ABC Licenses PC-7 Project Drawings SEPTEMBER 21, 2017 ITEM 8A 8 of 53

9 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 Attachment PC-1 Proposed Resolution SEPTEMBER 21, 2017 ITEM 8A 9 of 53

10 RESOLUTION NO. PC A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A MINOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT AUTHORIZING THE ON-SITE CONSUMPTION OF BEER AND WINE (TYPE 41 ABC LICENSE) AT AN EXISTING RESTAURANT LOCATED AT 615 SOUTH COAST HIGHWAY 101 (CASE NO MIN/CDP; APN: ) WHEREAS, Christopher Antinucci and Giulia Colmignoli submitted an application for a Minor Use Permit and Coastal Development Permit to authorize the sale of beer and wine for on-site consumption in conjunction with an existing restaurant, located at 615 South Coast Highway 101, legally described in Exhibit A; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on September 21, 2017; 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 The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section Section exempts negligible expansions such as the service of alcohol to guests of the restaurant. The proposed restaurant with alcohol service and outdoor seating area meet the exemption criteria. None of the exceptions in Section 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 and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Findings for Major 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 No evidence has been identified to indicate that the location, size design or operating characteristics of the proposed project will be incompatible with, will adversely affect or will be materially detrimental to adjacent uses, residence, buildings, structures or natural resources. The Sheriff s Department reviewed the application and supplemental information and deemed them acceptable. Necessary facilities and services are in place to serve the project. SEPTEMBER 21, 2017 ITEM 8A 10 of 53

11 Findings for Major Use Permit b. The unsuitability of the site for the type and intensity of use or development which is proposed. 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. Explanation of Finding The site is suitable for the restaurant with beer and wine service and is compatible with similar development in the surrounding community. No evidence has been identified to indicate that the proposed project would have a harmful effect upon the environmental quality and natural resources of the City. The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections The proposed use, as conditioned, is consistent with the policies of the General Plan, the Downtown Encinitas 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. The project is subject to conditions, which includes 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 the Section 10.3 of the Downtown Encinitas Specific Plan. The project is subject to the Proactive Code Enforcement Program (PACE) and Deemed Approved Ordinance (DAO). Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code Section and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Finding for Coastal Development Permit 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas. 2. The proposed development conforms with Public Resources Code Section and following (CEQA) in 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 Explanation of Finding 1. The proposed project, as conditioned, is consistent with the certified Local Coastal Program of the City of Encinitas, consisting of the General Plan, Downtown Encinitas Specific Plan and the Encinitas Municipal Code with the approval of the Minor Use Permit and Coastal Development Permit; 2. No evidence has been identified to indicate that significant environmental impacts would result from the proposed project. The project has been determined to be exempt from environmental review per the California Environmental Quality Act (CEQA) Guidelines Sections 15301; and SEPTEMBER 21, 2017 ITEM 8A 11 of 53

12 development is in conformity with the public access and public recreation policies of Section et. seq. of the Coastal Act. 3. Finding No. 3 is not applicable since the project site is located on North Coast Highway 101, which is not between the first public road and the Pacific Ocean. The above environmental determination and findings are supported by the minutes, maps, and exhibits, all 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 MIN/CDP is hereby approved subject to the conditions in Exhibit B. PASSED AND ADOPTED this 21 st day of September, 2017 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Michael Glenn O Grady, Chair ATTEST: Roy Sapa u Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. SEPTEMBER 21, 2017 ITEM 8A 12 of 53

13 EXHIBIT "A" Resolution No. PC Case No MIN/CDP LEGAL DESCRIPTION LOTS 2 AND 3 IN BLOCK 60 OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 148, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 12, SEPTEMBER 21, 2017 ITEM 8A 13 of 53

14 EXHIBIT "B" Resolution No. PC Case No MIN/CDP Applicant: Christopher Antinucci and Giulia Colmignoli Location: 615 South Coast Highway 101 (APN: ) SC1 SPECIFIC CONDITIONS: SC2 SC5 At any time after two years from the date of this approval, on September 21, 2019, 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. This project is conditionally approved as set forth on the application and project drawings stamped received by the City on May 10, 2017, consisting of three sheets including a Cover Sheet, Floor Plan and Elevations, all designated as approved by the Planning Commission on September 21, 2017, 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. The queuing of restaurant patrons for the restaurant shall occur onsite, not in the public right-of-way (sidewalk) and out of vehicular circulation on-site. 2. The requirements and restrictions of an ABC license shall be in addition to this approval for a Minor Use Permit. 3. 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. 4. The sale, serving and consumption of alcohol shall be limited to the interior dining area of the restaurant in accordance with the floor plan dated May 10, No sale, consumption or service of alcohol shall take place in any areas not specifically authorized as part of this approval. 5. No sale, consumption or service of alcohol shall be permitted in the public right-ofway in accordance with Section (Prohibited Possession of Opened Container, Public Property). 6. Indoor sales, service and consumption of alcoholic beverages shall only be permitted between the hours of 10 a.m. to 10 p.m., seven days a week. 7. At all times when alcoholic beverages are sold, served, or consumed, food services with a full menu shall be available to patrons upon request. SEPTEMBER 21, 2017 ITEM 8A 14 of 53

15 8. Any modifications to the alcohol service areas and hours of operations as approved herein and depicted on the project plans and described in the project description shall be reviewed by the Development Services Department for compliance with conditions of approval of this use permit to determine whether a modification to the use permit is necessary. 9. Any future use of amusement devices (including video game machines or similar devices which are controlled, allowed or made possible by depositing or placing a coin, plate, disk, slug or key into a slot, crevice or other opening or by paying a fee for use as a game, contest or amusement of any description, the use or possession of which is not prohibited by any law of the State of California) shall be subject to Section of the Encinitas Municipal Code as amended from time-to-time and may require separate approval. 10. The operation as approved herein shall not be converted to any other use including but not limited to a bar, dance floor, band stage/station, Disc Jockey station, etc., unless a modification to the use permit is approved to the satisfaction of 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 the revocation of this use permit. 11. All project lighting shall not impact any adjacent properties. All exterior lighting shall be directed downward, be contained on-site, and be shielded such that the light source is not visible to prevent glare to adjacent properties or streets. 12. Operable windows and doors shall be closed at 10 p.m. 13. The subject alcoholic beverage serving establishment shall automatically become a Deemed Approved Activity as per Encinitas Municipal Code (EMC) Section and shall comply with Deemed Approved Performance Standards prescribed in EMC Section 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. G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G2 G4 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 Development Services Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold SEPTEMBER 21, 2017 ITEM 8A 15 of 53

16 harmless and defend the City and City's employees relative to the action to approve the project. G6 G7 G12 G13 G14 G21 G22 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 (ABC) 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 Planning and Building Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof, and shall utilize decorative caps where visible from any point. Ground-mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the 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. 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. The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to initiation of use in reliance on this permit to the satisfaction of the Development Services Department. The applicant is advised to contact the Development Services Department regarding Park Mitigation Fees, Flood Control Fees and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. Decorative use of neon or LED tubing or banding, such as tubing around windows or doors or banding around the building exterior, shall not be allowed unless approved through subsequent design review permit modification(s). Temporary window signs are limited to 25% of window area in accordance with Section (N) of the Municipal Code. 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. SEPTEMBER 21, 2017 ITEM 8A 16 of 53

17 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 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. 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. UA1 The use shall operate within the scale, scope and limitations as described in the approved project description. UA2 UA7 UA8 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. The quarterly gross sales of alcoholic beverages shall not exceed 50% of the quarterly gross sales of all food products during the same period. 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 represented in the project description, the use permit shall be reviewed by the Development Services Director for compliance with SEPTEMBER 21, 2017 ITEM 8A 17 of 53

18 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. UA15 No sales of alcoholic beverages for consumption off-premises is authorized through this permit. 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. 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. B1 BUILDING CONDITION: CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: B2 The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). Commercial and Multi-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 SEPTEMBER 21, 2017 ITEM 8A 18 of 53

19 permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. E1 ENGINEERING CONDITIONS: CONTACT THE 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. EU1 EU2 EU3 Utilities Conditions The owner shall comply with all the rules, regulations, and design requirements of the respective utility agencies regarding services to the project. The owner shall be responsible for coordination with S.D.G. & E., AT&T, and other applicable authorities. SEPTEMBER 21, 2017 ITEM 8A 19 of 53

20 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 Attachment PC-2 Vicinity Map with Aerial Image SEPTEMBER 21, 2017 ITEM 8A 20 of 53

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22 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 Attachment PC-3 Application and Disclosure Statement SEPTEMBER 21, 2017 ITEM 8A 22 of 53

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41 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 Attachment PC-4 Public Notice and 500-foot radius map SEPTEMBER 21, 2017 ITEM 8A 41 of 53

42 PLACE OF MEETING: CITY OF ENCINITAS DEVELOPMENT SERVICES DEPARTMENT LEGAL NOTICE OF PUBLIC HEARINGS BY THE PLANNING COMMISSION 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 THESE MEETINGS, PLEASE CONTACT THE DEVELOPMENT SERVICES DEPARTMENT AT (760) It is hereby given that a Public Hearing will be held on Thursday, the 21 st day of September, 2017, at 6 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: Napizza CASE NUMBER: MIN/CDP FILING DATE: May 10, 2017 APPLICANT: Christopher Antinucci LOCATION: 615 South Coast Highway 101 (APN: ) ZONING/OVERLAY: The subject property is located in the Encinitas Downtown Specific Plan Mixed-1 (D-CM-1) zone and the Coastal Zone. DESCRIPTION: Public hearing to consider a Minor Use Permit and Coastal Development Permit application to allow the service of alcohol (beer and wine) within an existing restaurant via a Type 41 ABC license. ENVIRONMENTAL STATUS: The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines. STAFF CONTACT: Todd Mierau, Associate Planner: (760) or tmierau@encinitasca.gov An appeal of the Planning Commission determination, accompanied by the appropriate filing fee, may be filed by 5 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 on an appeal) on the Coastal Development Permit 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 staff or contact the Development Services Department, 505 South Vulcan Avenue, Encinitas, CA at (760) or by at planning@encinitasca.gov. PBD/TGM/T:\Legals\Attachment SEPTEMBER 21, PC ITEM 8A 42 of 53

43 VICINITY MAP Case No MIN/CDP 615 South Coast Highway 101 SITE PBD/TGM/T:\Legals\Attachment SEPTEMBER 21, PC ITEM 8A 43 of 53

44 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 Attachment PC-5 Citizen s Participation Plan (CPP) SEPTEMBER 21, 2017 ITEM 8A 44 of 53

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47 PLANNING COMMISSION AGENDA ITEM 8A SEPTEMBER 21, 2017 Attachment PC-6 Census Tract Map and List of Existing ABC Retail Licenses SEPTEMBER 21, 2017 ITEM 8A 47 of 53

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