1999-104 - EGCITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 99-104
November 19,1999
This letter is to inform you that the Director of Community Development has approved your
application for:
99-262 MIN MOD/CDP (Kurmac, Inc./Gems-N-Loans) - Minor Use Permit request to
allow for the expansion of an existing pawnshop located at 1053 S. Coast Highway 101,
Suite D. The subject property is located within the Downtown Encinitas Specific Plan D-
CM-1 Zone. (APN: 258-312-09).
Project Description and Discussion: The applicant is requesting approval to expand an existing
pawnshop by occupying an adjacent existing suite within a building located at 1053 S. Coast
Highway 101. The existing pawnshop occupies a 450 square foot suite. The proposed expansion
would increase the floor area of the pawnshop to 910 square feet.
The existing pawnshop was approved under case no. 98-213 MIN/CDP on September 22, 1998.
The original approval was based on the pawnshop occupying a total floor area of 450 square feet.
Therefore, in order to expand the approved floor area, the original approval must be modified. The
proposed expansion does not include any modification to the exterior of the building. The
expansion does include minor interior upgrades, however, will not include any structural
modification that would require a building permit.
The applicant is also requesting approval of a new wall sign to be located on the south elevation.
The proposed sign is constructed of individual red foam letters. The sign dimensions are 18" high
by 15'-4" long, for a total sign area of 22.99 square feet. The Municipal Code permits a maximum
area for wall signs calculated at one square foot of sign area per lineal foot of building frontage.
The south frontage of the pawnshop is 23 feet. Therefore, the sign area allowed for the pawnshop is
23 square feet. The proposed red letters are consistent with the color of the other signs located on
the south elevation of the subject building.
A standard public notice for the Minor Use Permit modification was mailed on October 29, 1999,
which allowed for a 20-day comment period as required for administrative applications. The
Community Development Department conducted a public hearing on November 8, 1999. No
comments were received and no members of the public were present at the public hearing.
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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 findings 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
proj ect;
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;
Discussion: The applicant proposes to expand an existing pawnshop by occupying an
adjacent existing suite within a building located at 1053 S. Coast Highway 101. The
existing pawnshop occupies a 450 square foot suite. The proposed expansion would
increase the floor area of the pawnshop to 910 square feet.
Pursuant to Section 3.2.3.A.2 of the Downtown Encinitas Specific Plan, pawnshops are
permitted with the approval of a Minor Use Permit. The existing pawnshop was approved
under case no. 98-213 MIN/CDP on September 22, 1998.
The proposed expansion of an existing pawnshop is contained within an existing
commercial building and does not require additional public facilities, services or utilities
than what is currently available to serve the project site.
No aspect of the proposed expansion of the existing pawnshop has been identified that
would have a harmful effect on the environment or any natural resource. The pawnshop is a
retail use, which is consistent with existing uses along S. Coast Highway 101. No exterior
modifications or new floor area are proposed.
Conclusion: The Community Development Department has conducted an analysis of the
application and has not identified any aspect of the project that will be incompatible with,
will adversely affect or be materially detrimental to adjacent uses, residences, buildings,
structures or natural resources.
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2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code.
Discussion: The applicant proposes to expand an existing pawnshop by occupying an
adjacent existing suite within a building located at 1053 S. Coast Highway 101. Pursuant to
Section 3.2.3.A.2 of the Downtown Encinitas Specific Plan, pawnshops are permitted with
the approval of a Minor Use Permit. The existing pawnshop was approved under case no.
98213 MIN/CDP on September 22, 1998.
The proposed expansion of the existing pawnshop is consistent with all applicable
provisions of the General Plan, Downtown Encinitas Specific Plan and the Municipal Code.
No aspect of the use will result in an adverse effect on or impede the City's ability to
implement the policies of the General Plan or the provisions of the Municipal Code.
Conclusion: The Community Development Department has reviewed the proposed
application and has determined that the proposed pawnshop expansion will not adversely
affect the policies of the General Plan, Downtown Encinitas Specific Plan or the provisions
of the Municipal Code.
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: The proposed pawnshop expansion is consistent with all applicable provisions of the
Downtown Encinitas Specific Plan and the Municipal Code.
Conclusion: The Community Development Department has reviewed the proposed
application and has determined that the proposed use is consistent with all applicable
provisions of the Downtown Encinitas Specific Plan and the Municipal Code. The
Community Development Department has determined the required findings for the use
permit can be made, and the project is consistent with the Municipal Code and General
Plan.
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:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
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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
3. 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 City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Plan. The project consists of the expansion of an existing pawnshop within an
existing commercial building located at 1053 S. Coast Highway 101. The subject property is
located within the Downtown Encinitas Specific Plan D-CM-1 Zone. Pursuant to Section 3.2.3.A.2
of the Downtown Encinitas Specific Plan, pawnshops are permitted with the approval of a Minor
Use Permit. The existing pawnshop was approved under case no. 98-213 MIN/CDP on September
22, 1998.
Conclusion: No aspect of the project has been identified which could have an adverse impact on
coastal resources or any natural resources. Since the project complies with all applicable
provisions of the City's Municipal Code and the Downtown Encinitas Specific Plan, the
Community Development Department finds that the project is consistent with the certified Local
Coastal Program of the City of Encinitas. In addition, required finding #2 is not applicable since no
significant adverse impact is associated with the project. Finding #3 is not applicable since the
project does not involve development between the sea or other body of water and the nearest public
road and therefore does not impact public access to coastal resources.
The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
Environmental Status: Exempt from Environmental Review as per CEQA Guidelines Section
15301.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
All Conditions of Approval as specified in Notice of Decision DCD 98-111 shall remain in
effect and full force, unless otherwise conditioned herein.
SC2 This approval will expire on November 19, 2001 at 5:00 pm, two years after the approval of
this project, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
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SC6 This project is conditionally approved as set forth on the application and sign plan dated
received by the City on October 11, 1999, designated as approved by the Community
Development Director on November 18, 1999, and shall not be altered without the express
authorization of the Community Development Department.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT 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 Permit issuance unless
specifically waived herein.
U 1 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 Community
Development 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
and approval of an amendment to the use permit by the authorized agency.
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In accordance with the provisions of the Municipal Code, this decision may be appealed to the City
Council within fifteen (15) calendar days of the date of this determination. This notice constitutes a
decision of the Community Development Department only. Additional permits, including Building
Permits, may be required by the Building Department or other City Departments. It is the
applicant's responsibility to obtain all necessary permits required for the type of proj ect proposed.
The action of the Community Development Director in reference to the above item may not be
appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Jennifer Coon at the
Community Development Department by telephoning (760) 633-2717.
Sandra Holder
Community Development Director
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