planning commission agenda report planning and …
TRANSCRIPT
PLANNING COMMISSION AGENDA REPORT
Planning and Building Department
Agenda Item: #8A
Project Name: Alcohol Establishments along the Coast Highway 101
Corridor.
Request: Overview of on-sale and off-sale alcohol establishments
along the Coast Highway 101 corridor.
Project Number: N/A
Prepared By: Laurie Winter, Associate [email protected]
Department: Planning & Building
Meeting Date: December 1, 2016
Report Approval:
Recommended Actions:
Roy Sapa’u, Senior PlannerSteve Chase, Management Consultant
1. Receive staff’s presentation; and 2. Provide input or further direction, as appropriate.
BACKGROUND:
On October 20, 2016, the Planning Commission requested that staff return with a presentation
regarding the concentration of existing on-sale and off-sale alcohol establishments along the
Coast Highway 101 corridor.
ANALYSIS:
A. Existing Establishments
Currently, there are 83 alcohol establishments along the Coast Highway 101 corridor.
The following table provides a breakdown of the establishments by type (on-sale or off-
sale) and by community.
Alcohol Establishments Cardiff Old Encinitas Leucadia Total
On-Sale 15 37 17 69
Off-Sale 3 6 5 14
Total Number of Establishments 18 43 22 83
DECEMBER 1, 2016 ITEM 8A 1 of 20
PLANNING COMMISSION
AGENDA ITEM #8ADECEMBER 1, 2016
On-Sale and Off-Sale Alcohol Establishments
Staff has prepared three maps showing the location of the alcohol establishments by
community in Attachment PC-1 of the agenda report. The maps also differentiate
between on-sale and off-sale establishments as well as highlight alcohol establishments
with a Type 48 ABC license (Bar). To date, there are seven alcohol establishments with
a Type 48 ABC license along the Coast Highway 101 corridor.
A list of all alcohol establishments by business name is included as Attachment PC-2 of
the agenda report. The list, which is numbered, corresponds to the maps in Attachment
PC-1. Staff has also included the type of ABC license for each establishment based on
information obtained from the California Department of Alcoholic Beverage Control
(ABC) and any use permits on file with the City.
B. Calls for Service
The Sheriff’s Department researched records from the past three years (January 2014
through October 2016) and found that a total of 215 alcohol establishment related calls
for service have been filed. Calls for service include noise complaints and drunk in public
or disturbance calls from residents or a passerby. The report on the calls for service has
been included as Attachment PC-3 of the agenda report. In addition, a heat map
reflecting calls for service along Coast Highway 101 compared to the rest of Encinitas
will be provided as part of staff’s presentation. A representative from the Sherriff’s
Department will also be available to expand on calls for service.
C. Concentration
Business and Professions Code Section §23958.4(b)(1) (Attachment PC-5) states that
a finding of Public Convenience or Necessity (PCN) is required when ABC determines
that a proposed alcohol license will be located in an overconcentrated and/or high crime
area as determined by the Sheriff. A census tract is considered to be overconcentrated
with alcohol licenses when the number of alcohol licenses exceeds state regulations
based on population (BP Code Sections §23816 & §23958.4(a)) (Attachment PC-5).
ABC has purview over the PCN findings for nonretail licenses, retail on-sale bona fide
eating place license, a retail license for a hotel, motel or other lodging establishment,
and a retail license issued in conjunction with a beer manufacturer’s license or a
winegrower’s license.
However, for all other licenses, the City, pursuant to BP Code §23958.4(b)(2)
(Attachment PC-5), is given 90-days from the date of notification from ABC of an
application to make a PCN determination. The City Council adopted specific PCN
findings pursuant to City Council Resolution 1996-37 (Attachment PC-4).
DECEMBER 1, 2016 ITEM 8A 2 of 20
PLANNING COMMISSION
AGENDA ITEM #8ADECEMBER 1, 2016
On-Sale and Off-Sale Alcohol Establishments
ENVIRONMENTAL CONSIDERATIONS
This action is exempt from the California Environmental Quality Act pursuant to CEQA
Guidelines Section 15378(b)(5), which exempts organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment. The
action before the Planning Commission is to receive the presentation and provide input or
further direction, as appropriate, which may inform how future work will be conducted.
Environmental review will be considered for any resulting future projects.
ATTACHMENTS
PC-1 Maps of Existing On-Sale and Off-Sale Alcohol Establishments (Cardiff, Old Encinitas, and Leucadia)
PC-2 Existing ABC Licenses along the 101 Corridor (October 2016) PC-3 Sheriff Department Calls for Service (January 2014 through October 2016)
PC-4 City Council Resolution 1996-37
PC-5 California Business and Professions Code Sections 23816 and 23958.4
DECEMBER 1, 2016 ITEM 8A 3 of 20
PLANNING COMMISSION
AGENDA ITEM #8A
DECEMBER 1, 2016
On-Sale and Off-Sale Alcohol Establishments
Attachment PC-1
Maps of Existing On-Sale and Off-Sale Alcohol Establishments (Cardiff-by-the-Sea, Old Encinitas, and Leucadia)
DECEMBER 1, 2016 ITEM 8A 4 of 20
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97
11
14
25
26
27
33
35
45
46
48
51
55
68
1
2
5
7
10
Diana St
Wilstone Ave Tabletop Way
Piraeus St
Daphn
e St
La VetaAve
El PortalSt
Jasper StW LeucadiaBlvd
Raintree Dr
Hillcrest Dr
LeucadiaVillage Ct
AlexanderCt
Grandview St
Hygeia Ave
Andr
ewAv
e
Leucadia Blvd
CoralCove Way
Jupiter St
EdgeburtDr
W Jason St
Phoebe St
NElPortal St
Europa St
W Glaucus St
Leeann Ln
BottleTree Ln
Shelby Ln
Nantucket Ct
E Glaucus St
Calle DeSereno
HestiaWay
Union St
Jacob Ln
StarJasmine Ln
Eolus Ave
ShoreBreak Way
Rockport CtHermes Ave
Crocus Ct
Sanford St
Neptune Ave
Avocado StLorraine Dr
Ashbury St
BasilSt
Cadmus
St
Calle DeMadera
CereusSt
HillcrestScenic Ln
Andrew Ave
WiltonRd
Naiad St
PacificSt
PearceGrove Dr
Hermes Ave
DeerPath
Aldersgate Rd Hillcrest Dr
HygeiaCt
Athena St
HaymarketRd
Kenn
ington
Rd
Parliamen tRdTattenham
Rd
E Jason St
ShoreView Ln
MilbankRd
E Glaucus St
Hymettus Ave
HalcyonRd
Sheri
dan
Rd
Coop St
N CoastHighway 101
Sanford Ln
Range St
Patty Ln
Hygeia Ave
La MesaAve
ParkwoodLn
Eucalyptus Ave
Fulvia St
E Glau
cus S
t
Orpheus Ave
Hillc
rest
Dr
N Vulcan Ave101
Legend:!( All On-Sale (Red Dot)!( All Off-Sale (Blue Dot)!( Bars (Yellow Dot)
I n t e r n a l U s e O n l y
Date of Map Production: 11/9/2016
c i t y o f e n c i n i t a sExisting On-Sale & Off-SaleAlcohol Establishments Leucadia
±0 500 1,000250
Feet
T:\GIS\Requests\Adhoc Maps\PLAN_16 Alcohol_CoastHighway\PLAN_16 Alcohol_CoastHighway11x17.mxd
This map was produced by the City of EncinitasGIS and is designed for internal use only.
The map is based on the best data available atthe time of production and is not guaranteed to
survey accuracy. City of Encinitas, SanGIS,SANDAG and other data are represented.
Proprietary information: Access to and use of thisinformation is restricted by a sublicense agreement.
No sale, transfer license, or assignment of thisinformation is permitted.
By Encinitas GIS Division
Coordinate System: California State Plane Feet, Zone 6
Datum: NAD83
DECEMBER 1, 2016 ITEM 8A 5 of 20
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50
66
2
3
4
6
8
10
12
16
17
18
21
22
23
24
28
29
31
36
38
40
41
43
47
53
54
56
58
60
6163
65
67
3
4
6
9
13
14
San Elijo Ave
Requeza St
Dewitt Ave
E H St
W K St
Ocean
View A
ve
Dollimore Rd
Summit Ave
RosetaSt
E J St
E G St
Pescado Pl
Encinitas Blvd
Swee
tPe
a Pl
E E St
Marcheta St
E I St
E F St
W E St
Sylvia St
S El
Portal S
t
W J St
W I St
M St
W C St
W D St
W H St
W F St
W G St
A St
W B St
OceanView Ct
PlayaBlanca
Second St
E D St
Calle DeAdele
PaseoPacifica
S Coast
Highway 101
La VetaAve
Corn
ish D
r
Mang
ano
Cir
Santa Fe Dr
SummitCove Ln
N Vulcan Ave
TritonCir
Via Julita
Melba Rd
Belle
view
Ave Summit
Pl
SecondS t
Arde
n Dr
SaxonyPl
Florita St
Fifth St
Lolita St
Via LindaDel Sur
Fourth St
ViaNa
ncita
Sealane Dr
DewittAve
Third StFourth St
MoonlightLn
Fourth St
S Vulcan Ave
BriggsAve
Orpheus
Ave
OceanView Ter
Melrose Ave
Sunset Dr
First St
Neptune AveMcneill Ave
Crest St
La M
esa A
ve
S San Elijo Ave
San D
ieguit
o Dr
Strat
ford D
r
Devo
nshir
e Dr
N Coast
Highway 101
5
Legend:!( All On-Sale (Red Dot)!( All Off-Sale (Blue Dot)!( Bars (Yellow Dot)
I n t e r n a l U s e O n l y
Date of Map Production: 11/9/2016
c i t y o f e n c i n i t a sExisting On-Sale & Off-SaleAlcohol Establishments Old Encinitas
±0 500 1,000250
Feet
T:\GIS\Requests\Adhoc Maps\PLAN_16 Alcohol_CoastHighway\PLAN_16 Alcohol_CoastHighway11x17.mxd
This map was produced by the City of EncinitasGIS and is designed for internal use only.
The map is based on the best data available atthe time of production and is not guaranteed to
survey accuracy. City of Encinitas, SanGIS,SANDAG and other data are represented.
Proprietary information: Access to and use of thisinformation is restricted by a sublicense agreement.
No sale, transfer license, or assignment of thisinformation is permitted.
By Encinitas GIS Division
Coordinate System: California State Plane Feet, Zone 6
Datum: NAD83
DECEMBER 1, 2016 ITEM 8A 6 of 20
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5
13
15
32
34
39
44
49
57
62
64
69
811
12
San ElijoLagoon
Norfolk Dr
Edinburg Ave
Aberdeen Dr
Kilkenny Dr
Dublin Dr
Liverpool Dr
Chesterfield Dr
Birmingham Dr
S Coast Highway 101
Newcastle Ave
Orinda Dr
Newport AveOxford Ave
Glasgow Ave
San Elijo Ave
MozartAve
Cambridge Ave
Newcastle Ave
Manchester AveMontgomery Ave
Legend:!( All On-Sale (Red Dot)!( All Off-Sale (Blue Dot)!( Bars (Yellow Dot)
I n t e r n a l U s e O n l y
Date of Map Production: 11/9/2016
c i t y o f e n c i n i t a sExisting On-Sale & Off-SaleAlcohol Establishments Cardiff By-the-Sea
±0 280 560140
Feet
T:\GIS\Requests\Adhoc Maps\PLAN_16 Alcohol_CoastHighway\PLAN_16 Alcohol_CoastHighway11x17.mxd
This map was produced by the City of EncinitasGIS and is designed for internal use only.
The map is based on the best data available atthe time of production and is not guaranteed to
survey accuracy. City of Encinitas, SanGIS,SANDAG and other data are represented.
Proprietary information: Access to and use of thisinformation is restricted by a sublicense agreement.
No sale, transfer license, or assignment of thisinformation is permitted.
By Encinitas GIS Division
Coordinate System: California State Plane Feet, Zone 6
Datum: NAD83
DECEMBER 1, 2016 ITEM 8A 7 of 20
PLANNING COMMISSION
AGENDA ITEM #8A
DECEMBER 1, 2016
On-Sale and Off-Sale Alcohol Establishments
Attachment PC-2
Existing ABC Licenses along the 101 Corridor (October 2016)
DECEMBER 1, 2016 ITEM 8A 8 of 20
ATTACHMENT PC-2
1
EXISTING ABC LICENSES ALONG COAST HIGHWAY 101 CORRIDOR (OCTOBER 2016)
ON-SALE LICENSES# NAME OF ESTABLISHMENT STIE ADDRESS ABC LICENSE PLANNING CASE 1 1ST STREET BAR 656 S COAST HIGHWAY 101 48 N/A - legal nonconforming2 AMERICAN LEGION POST 416 210 W F ST 52 N/A - legal nonconforming3 BEACHSIDE BAR & GRILL 806 & 810 S COAST HIGHWAY 101 47 01-125, 07-0064 BELLA GIULIA 90 N COAST HIGHWAY 101 41 13-163 MIN/ADR/CDP5 BEST PIZZA & BREW 102 ABERDEEN DR 41 98-314 MIN/CDP6 BIER GARDEN 641 S COAST HIGHWAY 101 47 13-041 7 BIRDS EYE KITCHEN 540 N COAST HIGHWAY 101 41 15-136 MIN8 BLUE RIBBON ARTISAN PIZZERIA 897 S COAST HIGHWAY 101, STE F102 41 10-0869 BREAD & BARLEY 542 N COAST HIGHWAY 101 47 16-122 MIN/ADR/CDP10 BULL TACO 101 N COAST HIGHWAY 101 41 09-05511 CANCUN MEXICAN AND SEAFOOD 1766 N COAST HIGHWAY 101 41 14-25412 CAPTAIN KENOS 158 N COAST HIGHWAY 101 47 N/A - legal nonconforming13 CHART HOUSE 2588 S COAST HIGHWAY 101 47 03-077 DRMOD/MIN14 CHINATOWN RESTAURANT 118 E LEUCADIA BLVD 41 N/A - legal nonconforming15 CICCIOTTIS TRATTORIA ITALIANA 1933 SAN ELIJO AVE 47 95-01516 CULTURE BREWING 629 S COAST HIGHWAY 101 23 16-132 MUP/ADR/CDP17 CULTURE BREWING CO & ENC STATION FM 600 S. VULCAN AVE 84 None18 D STREET BAR & GRILL 485 S COAST HIGHWAY 101 47 95-08719 DALEY DOUBLE 546 S COAST HIGHWAY 101 48 N/A - legal nonconforming20 DUKES CARDIFF OFFICE 110 ABERDEEN DR #A 48 96-17721 EAST VILLAGE ASIAN DINER 628 S COAST HIGHWAY 101 41 09-14222 ENCINITAS ALE HOUSE 1044 S COAST HIGHWAY 101 41 N/A - legal nonconforming23 ENCINITAS CAFE THE 531-533 S COAST HIGHWAY 101 41 N/A - legal nonconforming24 ENCINITAS FISH SHOP 1010 S COAST HIGHWAY 101 41 N/A - legal nonconforming25 FISH 101 1468 N COAST HIGHWAY 101 41 01-13026 FULANOS 145 LEUCADIA BLVD 47 96-23127 HAGGO'S ORGANIC TACO 1302 N COAST HIGHWAY 101 41 13-174 MIN/CDP28 HAPI FISH RESTAURANT 190 N COAST HIGHWAY 101 41 01-023, 02-12729 HONEYS BISTRO & BAKERY 632 S COAST HIGHWAY 101 41 N/A - legal nonconforming31 KIMS VIETNAMESE/CHINESE 745 S COAST HIGHWAY 101, STE 103 41 N/A - legal nonconforming32 KIS RESTAURANT & JUICE BAR 2591 S COAST HIGHWAY 101 47 95-022, 01-30333 LA ESPECIAL NORTE INC 664 N COAST HIGHWAY 101 47 N/A - legal nonconforming34 LAS OLAS MEXICAN RESTAURANT 2655 S COAST HIGHWAY 101 47 N/A - legal nonconforming35 LE PAPAGAYO 1002 N COAST HIGHWAY 101, STE 2 47 01-089, 09-06136 LEUCADIA PIZZA 315 S COAST HIGHWAY 101, STE V 47 92-18537 LEUCADIAN, THE 1542 N COAST HIGHWAY 101 48 N/A - legal nonconforming38 LOBSTER WEST 765 S COAST HIGHWAY 101 41 13-07039 LOST ABBEY 2007 SAN ELIJO AVE 23 14-064 MIN40 LUMBERYARD TAVERN & GRILL THE 967 S COAST HIGHWAY 101, STE 101 47 10-08841 MAURIZIO TRATTORIA ITALIANA 505 S COAST HIGHWAY 101 47 97-102, 00-27342 OHURLEYS BEACH BAR 107 DIANA ST 48 N/A - legal nonconforming43 OPEN HOUSE 345 S COAST HIGHWAY 101, STE C H I 47 16-191 MINMOD/CDP44 PACIFIC COAST GRILL 2526 S COAST HIGHWAY 101 47 09-187, 11-06445 PANDORAS PIZZA 828 N COAST HIGHWAY 101, STE G 41 11-147, 12-19946 PRIORITY PUBLIC HOUSE 576 N COAST HIGHWAY 101 47 93-021, 00-02047 QERO RESTAURANT 564 S COAST HIGHWAY 101 41 02-141, 05-19948 REGAL SEAGULL THE 996 N COAST HIGHWAY 101, STE E & F 41 95-05749 RIMELS ROTISSERIE & ZENBU SUSHI 2003-2005 SAN ELIJO AVE 47 N/A - legal nonconforming50 ROXY RESTAUARANT 515-519 S COAST HWY 101 47 94-203, 97-10351 SAKE HOUSE YUMEYA 1246 N COAST HIGHWAY 101 41 02-00352 SHANTY THE 126 CHESTERFIELD DR 48 N/A - legal nonconforming53 SIAMESE BASIL RESTAURANT 527 S COAST HIGHWAY 101 41 N/A - legal nonconforming
DECEMBER 1, 2016 ITEM 8A 9 of 20
ATTACHMENT PC-2
2
54 SOLACE & MOONLIGHT LOUNGE 25 EAST E ST 47 09-173 MIN55 SOLTERRA WINERY 934 N COAST HIGHWAY 101 2 11-072, 12-12856 ST TROPEZ BAKERY & BISTRO 947 S COAST HIGHWAY 101, STE D103 41 99-24657 SUMMERS AT THE BESTA WAN 148 ABERDEEN DR 41 N/A - legal nonconforming58 SUSHI DO (SAKURA BANA) 1031 S COAST HIGHWAY 101, STE 101 47 N/A - legal nonconforming59 THE KRAKEN 2531 S COAST HIGHWAY 101 48 N/A - legal nonconforming60 THE TACO STAND 642 S COAST HIGHWAY 101 41 15-327 MIN61 THIRD CORNER WINE SHOP & BISTRO 897 S COAST HIGHWAY 101, STE F104 47 02-031, 08-01062 TOWER 13 2633 S COAST HIGHWAY 101 47 N/A - legal nonconforming63 TRATTORIA I TRULLI 830 S COAST HIGHWAY 101, STE A1 41 N/A - legal nonconforming64 TRATTORIA POSITANO 2171 SAN ELIJO AVE 41 98-05765 UNION KITCHEN & TAP 1108 S COAST HIGHWAY 101 47 N/A -legal nonconforming66 URBN PIZZA 764-66 S COAST HIGHWAY 101 41 98-02067 VIA ITALIA 565 & 569 S COAST HIGHWAY 101 47 N/A - legal nonconforming68 VIGILUCCIS 530-534 N COAST HIGHWAY 101 47 91-085, 95-086, 96-087, 02-018, 10-
16669 WINE STEALS CARDIFF 1953 SAN ELIJO AVE 41 07-168, 10-095
OFF-SALE LICENSES# NAME OF ESTABLISHMENT STIE ADDRESS ABC LICENSE PLANNING CASE 1 7 ELEVEN 102 LEUCADIA BLVD 21 N/A2 7 ELEVEN 1766 N COAST HIGHWAY 21 14-254 MIN/CDP3 7 ELEVEN 105 W D STREET 20 N/A4 CHUAO CHOCOLATIER 937 S COAST HIGHWAY, STE C109 20 N/A5 EL TORITO MARKET 948 N COAST HIGHWAY 20 03-012 MIN/CDP6 FARR BETTER SPIRITS INC 332 N COAST HIGHWAY 21 N/A7 LEUCADIA LIQUOR 640 N COAST HIGHWAY 21 N/A - NON CONFORMING8 MAR VISTA LIQUOR 2117 SAN ELIJO AVE 21 N/A9 QUEEN EILEENS 548 S COAST HIGHWAY 20 N/A10 ROYAL LIQUOR 1496 N COAST HIGHWAY 21 N/A - NON CONFORMING11 SAN ELIJO CAMP STORE S COAST HIGHWAY 20 N/A12 SEASIDE MARKET 2087 SAN ELIJO AVE 21 15-300 MIN13 THIRD CORNER WINE SHOP 897 S COAST HIGHWAY, STE F 20 99-248 MUP14 WHOLE FOODS 687 S COAST HIGHWAY 21 N/A
DECEMBER 1, 2016 ITEM 8A 10 of 20
PLANNING COMMISSION
AGENDA ITEM #8A
DECEMBER 1, 2016
On-Sale and Off-Sale Alcohol Establishments
Attachment PC-3
Sheriff Department Calls for Service (January 2014 through October 2016)
DECEMBER 1, 2016 ITEM 8A 11 of 20
ATTACHMENT PC-3
On-Sale Alcohol Serving Establishments
Sheriff Department Calls For Service1
Along 101 Corridor
* Three Year Report *
January 2014 thru October 2016
Name of Establishment Business Address 20142015
2016Total
1st Street Bar 656 S Coast Hwy 101 15 7 5 27
American Legion Post 416 210 W F Street 0 0 0 0
Beachside Bar & Grill 806 & 810 S Coast Hwy 101 1 6 2 9
Bella Giulia 90 N Coast Hwy 101 0 0 0 0
Best Pizza & Brew 102 Aberdeen Dr 0 0 3 3
Bier Garden 641 S Coast Hwy 101 1 0 1 2
Birds Eye Kitchen 540 N Coast Hwy 101 0 0 1 1
Blue Ribbon Artisan Pizzeria 897 S Coast Hwy 101 1 0 0 1
Bread & Barley 542 N Coast Hwy 101 0 0 0 0
Bull Taco 101 N Coast Hwy 101 0 1 0 1
Cancun Mexican & Seafood 1766 N Coast Hwy 101 0 1 0 1
Captain Kenos 158 N Coast Hwy 101 4 2 1 7
Chart House 2588 S Coast Hwy 101 0 1 0 1
Chinatown Restaurant 118 E Leucadia Blvd 0 0 0 0
Cicciottis Trattoria Italiana 1933 San Elijo Ave 1 1 1 3
Culture Brewing 629 S Coast Hwy 101 0 0 0 0
Culture Brewing Co & Encinitas Farmers' Mkt 600 S Vulcan Ave 0 0 0 0
D Street Bar & Grill 485 S Coast Hwy 101 11 5 3 19
Daily Double 546 S Coast Hwy 101 6 8 6 20
Dukes Cardiff Office 110 Aberdeen Dr 6 7 9 22
East Village Asian Diner 628 S Coast Hwy 101 0 0 1 1
Encinitas Ale House 1044 S Coast Hwy 101 1 3 1 5
Encinitas Café 531-533 S Coast Hwy 101 1 1 0 2
Encinitas Fish Shop 1010 S Coast Hwy 101 0 1 2 3
Fish 101 1468 N Coast Hwy 101 0 0 1 1
Fulanos 145 Leucadia Blvd 0 0 1 1
Haggo's Organic Taco 1302 N Coast Hwy 101 0 0 0 0
Hapi Fish Restaurant 190 N Coast Hwy 101 0 4 0 4
Honey's Bistro & Bakery 632 S Coast Hwy 101 1 2 1 4
Kim's Vietnamese/Chinese 745 S Coast Hwy 101 0 0 0 0
Ki's Restaurant & Juice Bar 2591 S Coast Hwy 101 1 0 0 1
La Especial Norte 664 N Coast Hwy 101 2 0 0 2
Las Olas Mexican Restaurant 2655 S Coast Hwy 101 1 1 2 4
Le Papagayo 1002 N Coast Hwy 101 0 1 0 1
Leucadia Pizza 315 S Coast Hwy 101 0 1 1 2
Leucadian, The 1542 N Coast Hwy 101 2 3 1 6
Lobster West 765 S Coast Hwy 101 0 0 0 0
Lost Abbey 2007 San Elijo Ave 0 0 0 0
Lumberyard Tavern & Grill 967 S Coast Hwy 101 5 1 4 10
Maurizio Trattoria Italiana 505 S Coast Hwy 101 0 0 0 0
Off THe Hook Seafood Grill 1042 N Coast Hwy 101 0 0 0 0
Ohurley's Beach Bar 107 Diana Street 0 0 0 0
Open House 345 S Coast Hwy 101 0 0 0 0
Pacific Coast Grill 2526 S Coast Hwy 101 1 1 3 5
Pandora's Pizza 828 N Coast Hwy 101 0 1 2 3
Priority Public House 576 N Coast Hwy 101 0 0 0 0
DECEMBER 1, 2016 ITEM 8A 12 of 20
ATTACHMENT PC-3
Qero 564 S Coast Hwy 101 1 0 0 1
Regal Seagull 996 N Coast Hwy 101 1 0 0 1
Rimels Rotisserie & Zenbu Sushi 2003-2005 San Elijo Ave 2 0 0 2
Roxy Restaurant 515-519 S Coast Hwy 101 3 1 0 4
Sake House 1246 N Coast Hwy 101 0 0 0 0
Shanty, The 126 Chesterfield Drive 1 3 0 4
Siamese Basil Restaurant 527 S Coast Hwy 101 0 0 0 0
Solace & Moonlight Lounge 25 East E Street 9 2 1 12
Solterra Winery 934 N Coast Hwy 101 1 0 1 2
St. Tropez Bakery & Bistro 947 S Coast Hwy 101 3 1 0 4
Summers at the Besta Wan 148 Aberdeen Dr 4 1 0 5
Sushi Do (Sakura Bana) 1031 S Coast Hwy 101 0 0 0 0
The Kraken 2531 S Coast Hwy 101 3 13 7 23
The Taco Stand 642 S Coast Hwy 101 0 0 3 3
Third Corner Wine Shop & Bistro 897 S Coast Hwy 101 0 1 3 4
Tower 13 2633 S Coast Hwy 101 1 1 0 2
Trattoria I Trulli 830 S Coast Hwy 101 0 0 0 0
Trattoria Positano 2171 San Elijo Ave 0 0 0 0
Union Kitchen & Tap 1108 S Coast Hwy 101 1 3 1 5
Urbn Pizza 764-766 S Coast Hwy 101 0 0 1 1
Via Italia 565-569 S Coast Hwy 101 0 2 0 2
Vigiluccis 530-534 N Coast Hwy 101 0 1 0 1
Wine Steals Cardiff 1953 San Elijo Ave 0 0 1 1
91 88 70 249
(1) Calls for service include noise complaints and drunk in public or disturbance calls from residents or a passerby.
DECEMBER 1, 2016 ITEM 8A 13 of 20
PLANNING COMMISSION
AGENDA ITEM #8A
DECEMBER 1, 2016
On-Sale and Off-Sale Alcohol Establishments
Attachment PC-4
City Council Resolution 1996-37
DECEMBER 1, 2016 ITEM 8A 14 of 20
RES4LUTIQN NO. 96-37
A RESQLUTION (}F THE CITY OF ENCINITAS, CALIFORNIA, ADUPTINGCR3TERIA T4 ENABLE THE CITY TO MAKE FINDINGS OF PUBLIC
CONVENIENCE OR NECESSITY PURSUANT TO SECTION 23958.4(b}2 OF THESTATE OF CALIFtJRPIIA BUSINESS AND PROFESSIOtNS C(?DE AND GRANTING
REVIEW AUTHORITY TO THE CITY MANAGER
t~THEREAS, Business atad Professions Code Section 23958.4(b}2 stipulates that the StateAlcohol Beverage Control Board may grant a license to an applicant premise if the "localgoverning body of the area in which the applicant premises are laca~ed determines that publicconvenience or necessity would be served by the issuance" of the Iicense; and
WHEREAS, there is no definition of "Public Convenience , or Necessity" in State orMunicipal Codes and the City Council needs to provide direction to staff relative to the review oflicense applications as the findings for public convenience ar necessity may be determined;
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Encinitas,California., as follows:
A. AUTHORITY TO RENDER DETERMINATIONS OF PUBLIC CQNVENIENCEUR NECESSITY
1. The City Manager or the City Manager's designated representatives) shall review applicationspursuant to the standards set forth in Section B of this resolution.
2. Arty deterrrtinatian made by the City Manager or the CYty Manager's designatedrepresentatives) may be appealed to the City Council in accordance with Municipal Code Chapter1.12.
B. STANDARDS TO REVIEW IN RENDERING DETERIVITNATIt?NS OF PUBLICCONVENIENCE t~R NECESSITY
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1. PUBLIC CUI~fVENIENCE
An applicant must provide 'evidence to the authorized agency that the applicant premises areintended to provide consumers with merchandise or services separate from alcohol beverages andthat consumers visiting the premises would purchase alcohol beverages as a secondary item to othermerchandise or service. Evidence to consider may include, but shall not be limited to
a. Factua] data. showing that the premises will have a majority of door space devoted to foodor other merchandise with a minority of floor space devoted to alcohol beverages. A typical usemeeting this criteria would be a supermarket or other food stare with alcohol beverages offered asone of many products.
b. Information froze the Encinitas Substation of the San Diego County Sheriff that similarestablishments within the. City of Encinitas have not contributed significantly to the crime ratewithin the City of Encinitas.
2, NECESSITY
An applicant must provide evidence to the authorized agency that a substantial public demand forthe product cannot otherwise be satisfied unless applicant's permit is approved. Information to beconsidered may include, but shall not be limited to:
a. Factual data. showing that the applicant premises wi11 provide an unique experience whichcould not otherwise be met within the City of Encinitas. Aspects of the unique experience mayinclude ambiance, aesthetics or provisions of specialized services at the applicant premises.
b. Information from the Encinitas Substation of the San Diego County Sheriff that similarestablishments within the City of Encinitas have not contributed significantly to the crrtne ratewithin the City of Encinitas.
C. PROCESSING PROCEDURES
The application for determination of public convenience or necessity is to be submitted to theCommunity Development Department. Following a review of all factual data, the determinationshall be mailed to the applicant, ABC and any interested party. The determination may includespecific conditions to insure that the use of the applicant premises will be maintained in a mannerconsistent with any approved findings of public convenience or necessity.
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PASSED AND Ai~OPTED this 15th day of May, 1996, by the foiiowing vote, to wit:
AYES: Aspell~,NAYS: NoneABSTAIN: NoneABSENT: None
Bond, Davis, DuVivier, Hano~
ATTESTATItJN:
DEBORAH CERVONE, City Clerk
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A.MES BOND, Mayor
DECEMBER 1, 2016 ITEM 8A 17 of 20
PLANNING COMMISSION
AGENDA ITEM #8A
DECEMBER 1, 2016
On-Sale and Off-Sale Alcohol Establishments
Attachment PC-5
California Business and Professions Code
Sections 23816 and 23958.4
DECEMBER 1, 2016 ITEM 8A 18 of 20
ATTACHMENT PC-5
CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 23816 AND 23958.4
SECTION 23816
The number of premises for which an onsale general license is issued shall be limited to one for each
2,000, or fraction thereof, inhabitants of the county in which the premises are situated. No additional
onsale general licenses, other than a renewal or transfer or as permitted by Section 23821i, shall be
issued in any county where the number of all premises for which onsale general licenses are issued is
more than one for each 2,000, or fraction thereof, inhabitants of the county. No onsale general license
shall be issued in lieu of or upon the cancellation or surrender of an onsale beer and wine license.
SECTION 23958.4.
(a) For purposes of Section 23958, "undue concentration" means the case in which the applicant
premises for an original or premises-to-premises transfer of any retail license are located in an area
where any of the following conditions exist:
(1) The applicant premises are located in a crime reporting district that has a 20 percent
greater number of reported crimes, as defined in subdivision (c)ii, than the average number of reported
crimes as determined from all crime reporting districts within the jurisdiction of the local law
enforcement agency.
(2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in
the census tract or census division in which the applicant premises are located exceeds the ratio of on-
sale retail licenses to population in the county in which the applicant premises are located.
(3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in
the census tract or census division in which the applicant premises are located exceeds the ratio of off-
sale retail licenses to population in the county in which the applicant premises are located.
(b) Notwithstanding Section 23958, the department may issue a license as follows:
(1) With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail
license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section
25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's
license, if the applicant shows that public convenience or necessity would be served by the issuance.
(2) With respect to any other license, if the local governing body of the area in which the
applicant premises are located, or its designated subordinate officer or body, determines within 90 days
of notification of a completed application that public convenience or necessity would be served by the
issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification
by the department of an application for licensure, or (B) a completed application according to local
requirements, if any, whichever is later.
If the local governing body, or its designated subordinate officer or body, does not make a
determination within the 90-day period, then the department may issue a license if the applicant shows
the department that public convenience or necessity would be served by the issuance. In making its
determination, the department shall not attribute any weight to the failure of the local governing body,
DECEMBER 1, 2016 ITEM 8A 19 of 20
ATTACHMENT PC-5
or its designated subordinate officer or body, to make a determination regarding public convenience or
necessity within the 90-day period.
i 23821. Whenever it is made to appear to the department by satisfactory evidence that the population in
any county has increased by more than 2,000 or multiples of 2,000 inhabitants since the most recent United
States decennial or special census, and it appears to the department that by reason thereof the inhabitants
of the county are unjustly and unfairly discriminated against, and if the total number of on-sale general
licenses in such county do not then exceed the maximum specified in Section 23816, the department, subject
to the limitation contained in Section 24070, may issue not to exceed one on-sale general license for each
increase of 2,000 inhabitants in the county since the taking of the census.
Whenever it is made to appear to the department by satisfactory evidence that the population in any county
has increased by more than 2,500 or multiples of 2,500 inhabitants since the most recent United States
decennial or special census and it appears to the department that by reason thereof the inhabitants of the
county are unjustly and unfairly discriminated against, and if the total number of off-sale general licenses in
such county do not then exceed the maximum specified in Section 23817, the department, subject to the
limitation contained in Section 24070, may issue not to exceed one off-sale general license for each increase
of 2,500 inhabitants in the county since the taking of the census.
Before any applications for new original on-sale general or new original off-sale general or intercounty
transfer of off-sale general or on-sale general licenses are accepted, the department shall publish pursuant to
Section 6061 of the Government Code in the county where such new original licenses may be issued or into
which off-sale general or on-sale general licenses may be transferred, notice of the department's intention to
receive applications for the issuance of such new original licenses or for the intercounty transfer of off-sale
general or on-sale general licenses, setting forth the date, time, manner and place of acceptance of such
applications within the county. In all other respects the limitation hereinbefore provided for shall continue in
effect.
ii "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of
reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except
traffic citations.
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