PLANNING COMMISSION AGENDA REPORT Planning and Building Department Agenda Item

123 Pages·2017·8.69 MB·English

PLANNING COMMISSION AGENDA REPORT
Planning and Building Department

Agenda Item: 8C

Project Name: The Brewers Tap Room

Request: To allow an alcohol-serving establishment and façade
improvements to an existing commercial center tenant
space.

Discretionary Actions: Major Use Permit (MUP)
Design Review Permit (DR)
Public Convenience or Necessity Findings (PCN)

CEQA Recommendation: EXEMPT

STAFF RECOMMENDATION: APPROVAL

Project Number: 16-256 MUP/DR

Location: 1454 Encinitas Boulevard, Suite B

Community: New Encinitas

APN: 259-121-14

Applicant: Christopher Duncan

Representative: Mike Andreen

Project Planner: Anna Yentile, Associate Planner, [email protected]

Commission Meeting Date: May 18, 2017

City Council Hearing No
Required?

Report Approval: Roy Sapa’u, Senior Planner

Recommended Actions: 1. Conduct the public hearing; and
2. Adopt the resolution approving the project, subject to
conditions.

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SUMMARY AND KEY CONSIDERATIONS

Planning Commission is being asked to consider a Major Use Permit, Design Review Permit
and Public Convenience or Necessity Findings to authorize alcohol service (Type 42 Alcoholic
Beverage Control (ABC) License) for a new craft beer tasting room in an existing commercial
suite and to add an overhead door to the existing building façade.

The following key conditions are included in the draft Resolution attached hereto as
Attachment PC-1:

SCA1: The alcohol service shall be limited to the interior of the suite in accordance with
the floor plan dated March 1, 2017. No consumption or service of alcohol shall take
place in any areas not specifically authorized as part of this approval.
SCA2: Indoor sales, service, and consumption of alcoholic beverages and off site sales
of alcohol shall only be permitted between the hours of 11 a.m. and 10 p.m., Sunday
through Thursday, and 11 a.m. and 11 p.m., Friday and Saturday.
SCA3: 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 ABC.

SCA4: The use of the site shall comply with the City of Encinitas noise regulations
(Chapters 9.32 and 30.40) at all times.

PROJECT DESCRIPTION

The proposed project scope includes the following:

 Create a 1,428 square-foot craft beer tasting room, known as The Brewers Tap
Room through a Type 42 ABC license, with a maximum capacity of 50 people in an
existing commercial center tenant space.
 Hours of Operation:
o Sunday through Thursday from 11 a.m. to 10 p.m.
o Friday and Saturday from 11 a.m. to 11 p.m.
 Installation of a new overhead door (roll up garage type door) to match existing
design colors.

PROJECT ANALYSIS

Background

The craft beer tasting room is proposed within the existing Encinitas Village Square shopping
center constructed in the 1970s. Planning Commission recently approved exterior
improvements to the façade of the shopping center (Case No. 15-053 DR; Resolution No. PC-
2015-36). The Brewers Tap Room proposes to occupy a portion of an existing suite that was
previously occupied by Billiards (billiard hall) with alcohol sales.

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Project Site Characteristics:

General Plan: GC
Specific Plan: None
Zoning District: GC
Zoning Overlay: None
Community Character Context: Neighborhood Center

The proposed retail use will occupy an existing tenant space within a commercial center that
was recently remodeled. The Neighborhood Center land use is primarily retail and auto-oriented
with large surface parking lots adjacent to “big box” stores and strip centers. The proposed bar
use with a new overhead door are consistent with the intent of the Neighborhood Center
community character context.

Adjacent Area:

Direction General Plan Community Character Context Land Use
&
Zoning District
North GC & GC Neighborhood Center Commercial Center
South GC & GC Neighborhood Center Commercial Center
East GC & GC Neighborhood Center Commercial Center
West GC & GC Neighborhood Center Car Dealership

The project site is surrounded by commercial centers with alcohol serving establishments to the
north, south and east and Encinitas Ford car dealership to the west. The Brewers Tap Room is
consistent with the surrounding uses.

General Plan Consistency

General Plan Goal or Policy Explanation of Project Conformance
LAND USE POLICY 1.11: The proposed use will be located within Encinitas Village

Encourage the rehabilitation and Square, which has undergone façade improvements. The
redevelopment of obsolete or Brewers Tap Room will further enhance the facade of the
declining commercial center by adding the overhead door for a more updated
development, in ways consistent modern appearance.
with community design and
development objectives.
LAND USE POLICY 6. 1: Permit The retail use is proposed within an area where such uses

commercial land uses and other are presently concentrated (retail and restaurant) within the
types of non-residential existing Encinitas Village Square commercial center.
development only in those areas
where such development is
presently concentrated, or where
as indicated by the General Plan,
as long as such development
does not result in land use
conflicts with surrounding
residential development.

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Municipal Code Analysis

The project is located within the General Commercial (GC) zone and meets all of the applicable
development standards for the zone.

Development Standard Project Proposed Complies?
Front yard setback (20 feet) 180 feet Yes No
Interior side yard setback (10 feet) 28 feet Yes No
Rear yard setback (0 feet) 54 feet Yes No
Lot Coverage (30% maximum) 23% (25,643 square feet/112,384 Yes No
square feet)
FAR (1.0 maximum) .23 (25,643 square feet/112,384 square Yes No
feet)
Building height (30 feet maximum) 30 feet Yes No
Landscaping (15% minimum) 16% Yes No
Parking See discussion below. Yes No

Parking

The Brewers Tap Room proposes to occupy the subject suite previously occupied by Billiards.
The Billiards was a billiard hall in a commercial center requiring one parking space per 250
square feet. The Brewers Tap room requires the same number of parking spaces; therefore, no
additional parking spaces are required.

Major Use Permit

Pursuant to Encinitas Municipal Code (EMC) Chapter 30.09 a Major Use Permit is required to
allow a Bar/Cocktail Lounge in the General Commercial Zone. The Brewers Tap Room will
occupy a portion of a suite previously occupied by an alcohol-serving establishment. The size
of the space has been reduced and all previous outdoor patio space has been removed.
Alcohol service will conclude at 10 p.m. on Sundays through Thursday, and 11 p.m. on Fridays
and Saturdays.

Furthermore, the craft beer tasting room is located within an existing shopping center with
complementary uses. The Brewers Tap Room will not serve food. However, they will accept
patrons to bring food from outside vendors within the commercial center.

The project does not propose live entertainment. An internal sound system will play ambient
music. Lastly, the applicant’s security measures that will be in place include video cameras, fire
alarms and a general security system. No security personnel are planned unless determined to
be needed.

Public Convenience or Necessity Findings

Business and Professions Code Section 23658.4(B)2 states that a finding of Public
Convenience or Necessity (PCN) is required when ABC determines that an on-sale license is
proposed to be located in an over concentrated and/or high crime area as determined by the
Sheriff, and that the City shall make that determination pursuant to City Council Resolution
1996-37 (Attachment PC-8). Approval of a PCN (in addition to an approved Major Use Permit)
would permit the presence of an additional alcohol license despite the overconcentration of
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licenses and/or the high crime concern by the Sheriff. Based on the discussion below, the
applicant is subject to a PCN because there is an overconcentration of on-sale licenses and it is
within a high crime area (Attachment PC-9, ABC Application).

1. The Census tract has an overconcentration of on-sale licenses.

Currently there is an overconcentration of on-sale licenses in this census tract (171.08) with 14
existing licenses where five is the standard for Census Tract (See Attachment PC-9). The
addition of a Type 42 license would increase the number of on-sale licenses to 15 in the Census
Tract. The table below shows the existing 14 on-sale licenses for Census Tract 171.08
(Attachment PC-10, On-Sale Licenses by 171.08 Census Tract).

Establishment Name ABC License Type
1. Borrellis Pizza Type 41 (On-Sale Beer And Wine
285 N. El Camino Real - Eating Place)
2. Ralphs Grocery Type 86 (Instructional Tasting License)
125 N. El Camino Real
3. Passage To India Type 41 (On-Sale Beer And Wine
257 N. El Camino Real - Eating Place)
4. Sushi Bar Blue Fin Type 41 (On-Sale Beer And Wine
257 N. El Camino Real - Eating Place)
5. Village Wine & Spirits Shop Inc. Type 86 (Instructional Tasting License)
1552 Encinitas Blvd.
6. Garcias * Closed Type 47 (On-sale General Eating)
1486 Encinitas Blvd.
7. Mister Sushi Type 41 (On-Sale Beer And Wine - Eating
111 N. El Camino Real Place)
8. Kebab Shop Type 41 (On-Sale Beer And Wine - Eating
127 N. El Camino Real Place)
9. Craftsman New American Type 47 (On-sale General Eating)
Tavern
267 N. El Camino Real
10. Blaze Fast Fired Pizza Type 41 (On-Sale Beer And Wine - Eating
127 N. El Camino Real Place)
11. Beach Grass Café Type 47 (On-sale General Eating)
1506 Encinitas Blvd.
12. Rosatis Type 41 (On-Sale Beer And Wine - Eating
337 N. El Camino Real Place)
13. Native Foods Café Type 41 (On-Sale Beer And Wine - Eating
127 N. El Camino Real Place)
14. Breakfast Republic Type 47 (On-sale General Eating)
251 N. El Camino Real

Proximity of On-sale Licenses

Staff specifically reviewed the proximity of on-sale and off-sale licenses within a 1/4 mile of the
project site. Along North El Camino Real from the project site, the approximately ¼-mile radius
extends north just before Mountain Vista Drive and South to Crest Drive and along Encinitas
Boulevard east to Cerro Street and west to Beechtree Drive. According to the Alcoholic
Beverage Control database query as of May 10, 2017, there are 12 existing on- and off-sale
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licenses (eight on sales and four off-site) within the commercial area. This area is within
Census Tracts 171.08. Two locations have two different types of alcohol licenses (Ralphs and
Village Wine & Spirits), one on-site and the other off-site and one location is currently closed
(Garcias).

Establishment Name ABC License Type Census Tract
1. 7 Eleven Type-20 (Off-sale Beer & Wine) 171.08
1446 Encinitas Boulevard
2. Ralphs Grocery Type 21 (Off-sale General) 171.08
125 N. El Camino Real
3. Ralphs Grocery Type 86 (Instructional Tasting 171.08
125 N. El Camino Real License)
4. Village Wine & Spirits Shop Inc. Type 21 (Off-sale General) 171.08
1552 Encinitas Blvd.
5. Village Wine & Spirits Shop Inc. Type 86 (Instructional Tasting 171.08
1552 Encinitas Blvd. License)
6. CVS Pharmacy Type 21 (Off-sale General) 171.08
129 N. El Camino Real
7. Garcias * Closed Type 47 (On-sale General 171.08
1486 Encinitas Blvd. Eating)
8. Mister Sushi Type 41 (On-Sale Beer And 171.08
111 N. El Camino Real Wine - Eating Place)
9. Kebab Shop Type 41 (On-Sale Beer And 171.08
127 N. El Camino Real Wine - Eating Place)
10. Blaze Fast Fired Pizza Type 41 (On-Sale Beer And 171.08
127 N. El Camino Real Wine - Eating Place)
11. Beach Grass Café Type 47 (On-sale General 171.08
1506 Encinitas Blvd. Eating)
12. Native Foods Café Type 41 (On-Sale Beer And 171.08
127 N. El Camino Real Wine - Eating Place)

2. The vicinity is a high crime area.

Business and Professions Code Section 23958.4(A) states that there is excess crime if the
crimes reported within the reporting district are greater than 20% of the total. Based upon the
Brewers Tap Room ABC application to ABC dated January 3, 2017, the following crime data
was provided.

Crime Reporting District Number 223 (#11)
Number of reporting districts within Encinitas 16
Total offenses in all 16 reporting districts 2,637
Average number of offenses within each district 2,637 / 16 = 164.8
120% of average number of offenses 164.8 x 120% = 197.76 = 197.8
Actual number of offenses within reporting district 236 (143.2% of 164.8)

Because the crimes reported in District 223 (236) is greater than 20% of the average number of
reported crimes (164.8) within all crime reporting districts, the proposed establishment is located
within a high crime reporting area.

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Within the last year (May 2016 through May 2017), staff reviewed the Sheriff’s reports
(Attachment PC-11) regarding Calls for Service and actual Crimes/Incidents for 2016/2017.

 There were 1,050 calls for service within a one-third mile of the applicant’s location. Of
those calls, alcohol accounted for 51 calls: 26 call for persons being “Under the
influence”, and 25 calls for “DUIs” (driving under the influence). These two scenarios
were ranked ninth and tenth of the top ten calls in that year.

 There were 335 crimes/incidents within a one-quarter mile of the applicant’s location.
There were 14 alcohol-related crimes: six drunk in public, seven DUI, and one operating
a vehicle with 0.01 percent or more blood alcohol content when on probation for DUI.

The project site is located within a recognized high-crime area. A new Type 42 on-sale license
has the potential for increased calls for service for the Sheriff and could create an undue burden
upon the Sheriff considering that the crime-reporting district is currently at 143.2% of the
average for reported offenses within all reporting districts. However, conditions of approval
address these concerns satisfactorily.

Sheriff Letter

The San Diego Sheriff’s Department reviewed the proposed project and did not have any
concerns with the proposed Major Use Permit request. The Sheriff’s Department did not file any
protests concerning the Type 42 license due to the proposed hours of operation.

Finding for Public Covenience or Necessity

Public Covenience

Findings for public convenience are not applicable to this request in accordance with City
Council Resolution No. 1996-37. Such findings apply to supermarket or other food store with
alcohol beverages offered as one of many products.

Necessity

Although the Type 42 is an on-sale license and contributes to the number of overconcentration
of on-sale licenses in the census tract, the Type 42 license is the first license of its kind in this
area and residents are located approximately 650 feet to the east and separated by another
commercial center. Furthermore, staff received 53 letters of support urging the Planning
Commission to support the use and the owner, and at the time of writing this report, no
opposition has been received. A Finding for Necessity can be made based upon these facts.

Guidelines Consistency

The project requires the approval of a Design Review Permit pursuant to EMC Section
23.08.030. The purpose of the Design Review Permit is to review the exterior architectural
façade improvements modifications to ensure consistency with the City of Encinitas Design
Guidelines, as well as with the overall character of the New Encinitas community and Resolution
No. PC-2015-36. The City of Encinitas Design Guidelines are intended to promote well-
designed development in Encinitas. The proposed overhead door trim will match the existing
door trims along the existing structure. An example of an overhead door is attached hereto as
part of Attachment PC-12. No other changes are proposed to the exterior.
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The project is consistent with the applicable Design Guidelines, as summarized below:

Design Guideline Explanation of Project Conformance
5.1.3: The character of the Resolution No. PC-2015-36 approved an overall façade
community in which the project is improvement redesign. The proposed modification from a
to be built shall be considered standard door to an overhead door is consistent with the
when designing the building. previous approvals and maintains the existing character of
the shopping center.
5.6.1: Buildings should include The inclusion of an overhead door is an improvement to a
sensitive architectural detailing standard door and adds a different architectural detail that
and careful selection of materials enhances the previously approved façade changes. The
to enhance character definition. modification is in line with the existing character and does
Special care should be given to not modify what was approved on the rear side of the
building detailing on all visible structure.
sides of developments,
particularly at building entrances.
Although side and rear elevations
may be less intensely detailed
than the front elevation, some
recollection of front elevation
materials and detailing shall be
incorporated.

PUBLIC NOTICE AND PARTICIPATION

Public Notice

Notice of this public hearing was mailed on May 4, 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, 65091 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

A Citizen Participation Program (CPP) meeting was held on November 2, 2016 where seven
members of the public attended. No issues or concerns were raised at or after the meeting.
Subsequent to the CPP meeting, an additional newsletter was sent out March 2, 2017 to notify
the public that a modification was made to the hours of operation than what was originally
presented. No comments or issues were received. The CPP report can be found hereto as
Attachment PC-6.

Public Correspondence

Staff received 53 emails in support of the project. The email correspondences are attached
hereto as part of Attachment PC-7.

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ENVIRONMENTAL CONSIDERATIONS

The project has been determined to be exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15301. Section 15301 exempts
alterations involving negligible or no expansion of use. The proposed alcohol-serving
establishment replaces a previous alcohol-serving establishment and the exterior modification
includes adding an overhead door, both meet the exemption criteria. None of the exceptions in
Section 15300.2 of the CEQA Guidelines exist.

DISCUSSION

The proposed Major Use Permit and Design Review Permit will allow for the operation of a craft
beer tasting room (Type 42 ABC license) and minor door type replacement to an existing
façade. Recommended conditions of approval are included in the attached draft resolution of
approval (Attachment PC-1) for the proposed use. Some notable conditions of approval are
described in the Key Issues and Considerations section above.

FINDINGS

Based on the findings for a Use Permit as per Encinitas Municipal Code Section
30.74.070 (Use Permit) and the aforementioned analysis, staff has made the following
findings to support the recommendation of approval, with conditions:

Finding for Use Permit Explanation of Finding
1. The location, size, design or The location, size, design and operating
operating characteristics of the characteristics of the proposed craft beer tasting room
proposed project will be is compatible with the adjacent uses, buildings,
incompatible with or will adversely structures and natural resources. The project scope
affect or will be materially proposes an interior remodel of an existing
detrimental to adjacent uses, commercial space with minimal exterior changes to
residences, buildings, structures or the building design. The structure is located within a
natural resources, with larger commercial shopping center with all public
consideration given to, but not utilities in place to serve the project.
limited to:
a. The inadequacy of public
facilities, services and utilities to
serve the proposed project,
b. The unsuitability of the site for The operational characteristics of the use have been
the type and intensity of use or reviewed and analyzed in consideration of the
suitability of the site. Thus, it has been determined
development which is
that the proposed interior remodel for the alcohol
proposed, and
serving establishment within an existing commercial
center suite that was previously an alcohol serving
establishment is suitable for the site.
c. The harmful effect, if any, upon The site is surrounded by previously developed
environmental quality and properties. There are no environmental issues
associated with the project. The project will not have a
natural resources of the City;
harmful effect on environmental quality or natural

resources. It has been determined that the project is
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Finding for Use Permit Explanation of Finding
exempt from environmental review pursuant to
California Environmental Quality Act (CEQA)
Guidelines.
2. The impacts of the proposed The proposed use, as conditioned, is consistent with
project will adversely affect the the policies of the General Plan and applicable
policies of the Encinitas General provisions of the General Commercial zone. Bars
Plan or the provisions of this Code; require the approval of a Major Use Permit. The
or operational characteristics of the proposed alcohol
serving establishment has been reviewed and
analyzed and it has been determined that the use, as
conditioned, will not adversely affect the policies of
the General Plan, Specific Plan or Municipal Code.
3. The project fails to comply with any The project, as conditioned, demonstrates compliance
other regulations, conditions or with the applicable policies of the General Plan and
policies imposed by this Code. the standards for the General Commercial zone.
Additionally, the proposed project will be required to
comply with the City’s noise regulations outlined in
EMC Chapter 9.32 and the Performance Standards
outlined in EMC Chapter 30.40.

Based on the findings for a Design Review Permit as per Encinitas Municipal Code
Section 23.08.080 (Design Review) and the aforementioned analysis, staff has made the
following findings to support the recommendation of approval, with conditions:

Findings for a Design Review Permit Explanation of Finding
1. The project design is inconsistent with the The project is consistent with the General Plan
General Plan, a Specific Plan or the and Municipal Code.
provisions of this Code.
2. The project design is substantially The design of the overhead door is consistent
inconsistent with the Design Review with the design recommendations of the Design
Guidelines. Guidelines.
3. The project would adversely affect the The alcohol serving use is allowed with a Major
health, safety, or general welfare of the Use Permit in the subject GC zone, and no
community. evidence has been submitted that would
suggest that the proposed project would
adversely affect the surrounding neighborhood
or community. All services are available and
provided as required under this permit to serve
the subject property. The project is exempt from
the requirements of CEQA, and it will not have
any adverse impact to the environment.

4. The project would tend to cause the The design of the proposed project is
surrounding neighborhood to depreciate compatible with the surrounding types of uses,
materially in appearance or value. which are primarily commercial centers. The
physical improvements include quality
materials that complement the existing
surrounding neighborhood. No evidence has
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