1998-111CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-98-111
September 22, 1998
This letter is to inform you that the Director of Community Development has approved your
application for:
98-213 MIN/CDP (Kurmac, Inc.): Minor Use Permit and Coastal Development Permit
for a modification to allow a pawn shop to operate within an existing suite in the D-CM-1
zone. (APN: 258-312-09).
Project Description and Discussion: The applicant proposes to operate a pawn shop (i.e.
collateral lender) in an existing lease site fronting Coast Highway 101. The small
commercial/retail building is located in the D-CM-1 (Commercial Mixed) zone within the
Downtown Encinitas Specific Planning area. This lease site is relatively small at 450 sq. ft. and
has a small window facing the highway. This type of retail use requires the approval of a Minor
Use Permit as per Section 3.2.3 A.2 of the Downtown Encinitas Specific Plan.
A standard public notification was issued and a Community Development Department hearing
was conducted on September 14, 1998, with one representative from Kurmac, Inc. present to
support the application. No letters of concern were submitted to the Planning Department
regarding this project. At the time of writing of this notice of decision, comments and conditions
from the Sheriff s Department had not yet been received.
The Community Development Department has decided to approve this application. This
determination is based upon the following findings:
1. Use Permit - Municipal Code Section 30.74.070
An application for a Use Permit shall be approved unless findings of fact are made based upon the
information presented in the application or during the hearings which support one or more of the
following conclusions.
1. The location, size, design or operating characteristics of the proposed proj ect 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:
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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.
2. The impacts of the proposed project will adversely affect the policies of the
Encinitas General Plan or the provisions of this Code; or
3. The project fails to comply with any other regulations, conditions or policies
imposed by this Code.
Facts: Pursuant to the Downtown Encinitas Specific Plan Section 3.2.3 A.2, pawn
shops require the issuance of a Minor Use Permit.
Discussion: The Community Development Department has conducted an
analysis of the application and has not identified any significant adverse impacts
which could result from the proposed use. A standard public notice was issued,
and no comments were received from the community. The proposed pawn shop
will be a retail use consistent with Highway 101 uses and will not affect the
surrounding community. No new floor area is proposed as the pawn shop would
be located within an existing lease space in a small retail building.
Conclusion: The Community Development Department has conducted an
analysis of the application and has not identified any adverse impacts which would
result from the proposed use. All necessary public facilities are in place to serve
this use. The proposed use is compatible with adjacent land uses and the operation
of a pawn shop will not have any harmful effect on environmental quality or
natural resources.
II. Coastal Development Permit - Municipal Code Section 30 80 090
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 21000 and following 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.
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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.
Conclusion: The City's General Plan and Municipal Code are applicable components of the
City's Local Coastal Plan. The subject zoning is D-CM-1, which permits the proposed use
with the approval of a Minor Use Permit. No aspect of the project has been identified which
could have an adverse impact on coastal resources or any natural resources. The project will
comply with the applicable development standards, as per the Specific Plan. Since the project
complies with all applicable provisions of the City's Municipal Code, the Community
Development Department finds that the proj ect is consistent with the certified Local Coastal
Program of the City of Encinitas and that required finding #2 is not applicable since no
significant adverse environmental impact is associated with the project. Finding #3 is not
applicable because the project site is not between the sea or other body of water and the nearest
public road.
The approval of this Coastal Development Permit satisfies the requirements of the Encinitas
Local Coastal Program.
Environmental Review:
The project is found to be exempt from environmental review as per CEQA Guidelines Section
15061(a)(3).
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on September 22, 2000, 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.
SC6 This project is conditionally approved as set forth on the application dated received by the
City on August 4, 1998, designated as approved by the Community Development
Director on September 22, 1998, and shall not be altered without express authorization by
the Community Development Department.
SCA Prior to the commencement of operation of the pawn aspect of the business, the applicant
must receive all the appropriate approvals and licenses from the San Diego County
Sheriff's Department.
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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 Building Permit
issuance unless specifically waived herein.
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 Community
Development Department.
U1 At all times during the effective period of this permit, the responsible parry 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 property owner or applicant's responsibility to obtain all necessary permits
required for the type of project proposed.
If you have any questions regarding this determination, please contact Christopher Miller at the
Community Development Department by telephoning (760) 633-2718.
Sandra Holder
Community Development Director
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