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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: CM1f198213M1N. DCD 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. CM1f198213M1N.DCD 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. CM1f198213M1N. DCD 3 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. CM1f198213M1N. DCD 4 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 CM1f198213M1N. DCD