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.
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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
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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.
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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
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