Planning commission approves Ernie’s Deli & Wine Bar alcohol license, allows up to three musicians

The Encinitas Planning Commission on Feb. 20 approved a minor use permit and associated coastal development permit to allow Ernie’s Deli & Wine Bar at 114 North El Camino Real to serve beer and wine (ABC Type 41). Commissioners also amended the staff recommendation to allow up to three indoor, non‑amplified musicians occasionally on Friday and Saturday evenings; that amendment carried as part of the project approval by a 5‑0 vote.

Why it mattered: The applicant requested a minor use permit because the proposed alcohol service and an expanded outdoor seating area required review under local rules. Staff’s analysis included a site‑specific parking study and reviews by sheriff’s department and code enforcement, both of which raised no concerns.

Key facts and details - Location and scope: The tenant space is inside an 8.84‑acre commercial center previously approved under county jurisdiction. The application requested an ABC Type 41 license to serve beer and wine for indoor consumption daily from 11 a.m. to 10 p.m.; no outdoor alcohol service is proposed. - Seating and music: The restaurant includes 527 square feet of dining area (12 tables, 25 seats), a 63 square‑foot bar area (8 seats) and a 70 square‑foot outdoor dining area (4 tables, 8 seats). The applicant initially requested allowance for up to two non‑amplified performers; commissioners amended the resolution to permit up to three performers indoors on Fridays and Saturdays, 6–9 p.m. - Parking and analysis: A site‑specific parking analysis verified the proposed eight additional outdoor seats would not adversely affect the shopping center’s parking supply; the analysis took into account a planned Chick‑fil‑A expansion that is still under review.

What speakers said Kaipo Kanino, assistant planner, summarized the proposal and staff recommendation and told commissioners that both the sheriff’s department and the city’s code‑enforcement division reviewed the request and had no comment. "Staff recommends that the planning commission adopt the draft resolution of approval based upon the findings in the staff report and approve the project," Kanino said.

Applicant statement: An applicant representative said the deli owners have been community members for 15 years and described the business as a neighborhood restaurant offering food and occasional live acoustic music.

Commission deliberation and outcome Commissioners discussed the adequacy of parking, the presence of an applicant at the hearing and the requested number of performers. Several commissioners noted the applicant had voluntarily included nearby planned projects in the parking study, and commissioners who frequented the center said parking availability appeared sufficient for the proposed hours. On the music question, commissioners agreed that two performers might be overly limiting for live acoustic acts in a small venue and amended the resolution to permit up to three indoor, non‑amplified musicians for occasional performances; the final motion to approve the permits and the amended musician limit passed 5‑0.

Quote: "My wife and I are members of the community and have been for 15 years and are very excited about the prospect of providing a nice, friendly, relaxing environment for people to come," the applicant said in remarks to the commission.

Administrative notes: The approval authorizes the minor use permit and the coastal development permit described in the staff report and will be implemented according to the conditions in the resolution, including limits on hours, the indoor music provision and monitoring of parking impacts as needed.