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2008-070CITY OF ENCINITAS PLANNING AND BUILDING DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2008-70 December 15, 2008 This letter is to inform you that the Planning and Building Director has approved your application for the following Administrative Permit for property located in the City of Encinitas: 08-125 MIN/CDP (Applicant: City of Encinitas) - A request for approval of a Minor Use Permit and Coastal Development Permit to operate a mobile coffee cart at the entrance to the City's Main Library. The coffee cart will be operational from 30 minutes prior to the opening of the library until closing. Approval of a Minor Use Permit is required for retail sales which are not located within an enclosed building. The project site is located in the D-CC (Downtown Specific Plan - Civic Center) zone within the Old Encinitas Community Area (APN: 258-090-17-00). Project Description and Discussion: The applicant requests approval of a Minor Use Permit and Coastal Development Permit to operate a mobile coffee cart at the entrance to the City's Main Library. The coffee cart will be out and operational from 30 minutes prior to the opening of the library until closing. Outside of these hours, the cart will be stored in an existing storage room off of the library's main entrance. The cart will be approximately 50 square feet in area and eight feet in height. The cart will be setback 110 feet from Cornish Drive, and 195 feet from D Street. Section 3.2.4A(4) of the Downtown Specific Plan defers development standards for the subject D- CC zone to Section 30.28 (Public/Semi-Public Zone) of the Encinitas Municipal Code. Section 30.28.010B then refers to Chapter 30.20 (Commercial Zones). As per Section 30.20.010B(3) of the Encinitas Municipal Code, all uses shall be located within an enclosed building unless authorized by a Minor Use Permit. Citizen Participation Program: The coffee cart was envisioned as a part of the overall library development, and was included in the information provided through the Citizen Participation Program for the library development, Planning Case File No. 02-221 DR/V/CDP. Public Notice: A standard public notification was issued for the Minor Use Permit application, which allowed for a 20-day comment period. A required administrative hearing was held on November 24, 2008. The Planning Department received a letter of support from one member of the public. One member of the public attended the Administrative Hearing and voiced concern about the cart, stating that he felt that the coffee cart was bringing a commercial use into a residential neighborhood and was concerned about the potential for trash generated from the use to adversely affect the surrounding neighborhood. Planning staff reviewed the plans and determined them to be consistent with all policies of the General Plan and all provisions of the Municipal Code with the approval of a Minor Use Permit containing Condition of Approval SCD, which stipulates that the operator/vendor of the coffee cart will maintain the areas around it free and clear -of trash from its patrons at all times. This approval is based on the following findings: FINDINGS FOR A USE PERMIT STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit application shall be approved unless finding of fact are made, based upon the information presented in the application or during the hearing, which support one or more of the following conclusions: 1. The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed project; b. The unsuitability of the site for the type and intensity of use or development which is proposed; and c. The harmful effect, if any, upon environmental quality and natural resources of the city; Facts: The applicant requests approval of a Minor Use Permit and Coastal Development Permit to operate a mobile coffee cart at the entrance to the City's Main Library. The coffee cart will be out and operational from 30 minutes prior to the opening of the library until closing. Outside of these hours, the cart will be stored in an existing storage room off of the library's main entrance. Section 3.2.4A(4) of the Downtown Specific Plan defers development standards for the subject D-CC zone to Section 30.28 (Public/Semi-Public Zone) of the Encinitas Municipal Code. Section 30.28.010B then refers to Chapter 30.20 (Commercial Zones). As per Section 30.20.01OB(3) of the Encinitas Municipal Code, all uses shall be located within an enclosed building unless authorized by a Minor Use Permit. Discussion: The coffee cart was envisioned as an accessory use the to library as a part of the original project 02-221 DR/V/CDP. The intention is for the cart to provide service to library patrons and employees. Therefore, the cart is proposed to be located in the southeast area of the library's entry pavilion adjacent to the entryway. Additionally, the cart will be set back 110 and 195 feet from Cornish Drive and D Street respectively. These setbacks are such that the cart will not be highly.visible from the right-of-way or adjoining properties further exemplifying the accessory nature of the use. Finally, the cart's hours of operation will be restricted to opening half an hour prior to the library opening so that employees may utilize its services before beginning work, and during library hours for the benefit of patrons. Outside of those hours, the cart will be kept in a locked storage room. 2 Conclusion: The Planning and Building Director finds that the proposed project is compatible with the existing use on the subject property and neighboring properties, and will not adversely affect or be materially detrimental to adjacent uses or natural resources. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and 3. The project fails to comply with any other regulations, conditions, or policies imposed by the Municipal Code. Facts: The applicant requests approval of a Minor Use Permit and Coastal Development Permit to operate a mobile coffee cart at the entrance to the City's Main Library. Section 3.2.4 A(4) of the Downtown Specific Plan defers development standards for the subject D- CC zone to Section 30.28 (Public/Semi-Public Zone) of the Encinitas Municipal Code. Section 30.28.010B then refers to Chapter 30.20 (Commercial Zones). As per Section 30.20.010B(3) of the Encinitas Municipal Code, all uses shall be located within an enclosed building unless authorized by a Minor Use Permit. Discussion: The Municipal Code and General Plan permit detached outdoor sales with the approval of a Minor Use Permit in the subject D-CC zone. As conditioned, the project will comply with all applicable development standards including lot coverage, setbacks, building height and parking, as found in the Encinitas Municipal Code, and will comply with the goals and policies contained in the General Plan. Conclusion: The Planning and Building Department finds that the proposed project will not adversely affect the policies of the General Plan and will comply with all provisions of the Municipal Code with the approval of a Minor Use Permit. FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: The project is consistent with the certified Local Coastal Program of the City of Encinitas; and 2. The proposed development conforms with Public Resources Code Section 21000 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; and 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 30200 et. seq. of the Coastal Act. Facts: The applicant requests approval of a Minor Use Permit and Coastal Development Permit to operate a mobile coffee cart at the entrance to the City's Main Library. The coffee cart will be out and operational from 30 minutes prior to the opening of the library until closing. Outside of these hours, the cart will be stored in an existing storage room off of the library's main entrance. Section 3.2.4A(4) of the Downtown Specific Plan defers development standards for the subject D-CC zone to Section 30.28 (Public/Semi-Public Zone) of the Encinitas Municipal Code. Section 30.28.01013 then refers to Chapter 30.20 (Commercial Zones). ' As per Section 30.20.01013(3) of the Encinitas Municipal Code, all uses shall be located within an enclosed building unless authorized by a Minor Use Permit. The project has been deemed to be exempt from the California Environmental Quality Act per Section 15303(e), which exempts accessory (appurtenant) structures. Discussion: Related to finding No. 1, with the approval of the Minor Use Permit request, the project complies with or is conditioned to comply with the City's Local Coastal Program and the Municipal Code. Related to finding No. 2, no potentially significant adverse impacts to the environment are associated with the proposed project, and the project is categorically exempt from environmental review pursuant to Sections 15303(e) of the California Environmental Quality Act (CEQA) Guidelines. Finding No. 3 is inapplicable since the project is not located between the sea or other body of water and the nearest public road. Conclusion: The Planning and Building Department finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) no potentially significant adverse impacts to the environment will result since the project is exempt from environmental review as per 15303(e) of the CEQA Guidelines; and 3) finding No. 3 is not applicable to the project since it is not located between the sea or other body of water and the nearest public road. Environmental Review: The project is found to be exempt from Environmental Review pursuant to California Environmental Quality Act (CEQA) Guidelines Section .15303(e), which exempts accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. This approval is subject to the following conditions: SC 1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on December 15, 2008 at 5:00 pm, or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration date of any extension). The determination of.the authorized agency may be appealed to the City Council within 15 days of the date of the determination. SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on October 14, 2008, consisting of 3 sheets including Site 4 Plan, Proposed Cart Specification, and Cart Layout, all designated as approved by the Planning and Building Director on December 15, 2008, and shall not be altered without express authorization by the Planning and Building Department. SCA The hours of operation will be limited to 30 minutes prior to the library opening until library closing. SCB A fire extinguisher rated at 2A-IOBC must be provided for the coffee cart. SCC A power tap with circuit breaker must be provided for connection to the coffee cart. A standard extension cord may not be used. SCD The coffee cart operator/vendor shall maintain all areas in the vicinity of the cart free and clear of all trash generated by patrons of the coffee cart at all times. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 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. G5 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. G6 Permits from other agencies will be required as follows: County Health Department G12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Planning and Building Department. G13 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 building permit issuance to the satisfaction of the Planning and Building and Engineering Services Departments. The applicant is advised to contact the Planning and Building Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control 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. S1 Any signs proposed for this development shall be designed and approved in conformance with Encinitas Municipal Code Chapter 30.60. 5 U1 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. U2 In the event that any of the conditions of this permit are not satisfied, the Planning and Building Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should revoke this permit. U3 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. U4 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. U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. U7 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a use permit contained in Section 30.74.105 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. This notice constitutes a decision of the Planning Department only. Additional permits, including Building Permits, may be required by the Building Department or other City Departments. All Fire Department, Engineering Department and Building Department conditions shall be verified through the standard plan check process. Zoning compliance shall also be verified through the plan check process. It is the property owner or applicant's responsibility to obtain all necessary permits required for the type of project proposed. In accordance with the provisions of Municipal Code Chapter 1. 12, this decision may be appealed to the City Council within 15 calendar days of the date of this determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5:00 P.M. on the 15th calendar day following the date of this Notice of Decision. If you have any questions regarding this determination, please contact Rebecca Wallace at the Planning and Building Department by telephoning (760) 943-2139. trick Murphy, Planning and Building Director 6