HomeMy WebLinkAboutCDP 99-39; Chapparone Auto Body; Coastal Development Permit (CDP) (5)FILE COPY
City of Carlsbad
Planning Department
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
Novembers, 1999
Mr. James Chinn
James Chinn Architecture
2120 Jimmy Durante Blvd., Suite 117
Del Mar, CA 92014
SUBJECT: CDP 99-39 - CHAPPARONE AUTO BODY
The City has completed a review of the application for a Minor Coastal Development Permit for
development located at 6050 Avenida Encinas.
It is the Planning Director's determination that the project, Chapparone Auto Body, CDP 99-39,
is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 -
21.205) and with all other applicable City ordinances and policies. The Planning Director,
therefore, APPROVES this request based upon the following:
Findings:
1. That the total cost of the proposed development is less than $60,000.
2. That the proposed development requires no discretionary approvals other than a Minor
Coastal Development Permit.
3. That the development has no adverse effect individually or cumulatively on coastal
resources or public access to the shoreline or the coast, in that no coastal resources or
opportunities for coastal access are available from the subject site.
4. That the proposed development is in conformance with the Mello II Certified Local
Coastal Program and all applicable policies in that the site is designated for industrial
uses.
5. That the development is in conformity with the public access and public recreation
policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are
available from the subject site.
6. That this request for a minor coastal development permit was adequately noticed at
least fifteen (15) working days before the date of this decision pursuant to Section
21.201.080(6) and (C) of the Carlsbad Coastal Development Regulations.
2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 • FAX (760) 438-0894
CDP 99-39 - CHAPPARoW AUTO BODY
NOVEMBER 9, 1999
PAGE 2
7. That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15301 of
the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
8. The subject site is located in the Coastal Resource Protection Overlay Zone, however,
due to the absence of slopes steeper than 25% inclination and/or native vegetation,
additional submittals, standards or requirements do not apply. The project does not
require a grading permit.
Conditions:
1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit,
CDP 99-39, for the project entitled "Chapparone Auto Body". (Exhibit A), dated
November 9, 1999, on file in the Planning Department and incorporated by this
reference, subject to the conditions herein set forth. Staff is authorized and directed to
make, or require the Developer to make, all corrections and modifications to the Minor
Coastal Development Permit documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development
substantially different from this approval, shall require an amendment to this approval.
2. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the-authority of approvals herein granted; institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval
of this CDP 99-39.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Minor Coastal Development Permit documents,
as necessary to make them internally consistent and in conformity with the final action
on the project. Development shall occur substantially as shown on the approved
Exhibits. Any proposed development different from this approval, shall require an
amendment to this approval.
4. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
CDP 99-39 - CHAPPARoW AUTO BODY
NOVEMBER 9, 1999
PAGE 3
6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Minor Coastal
Development Permit, (b) City's approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility
of electromagnetic fields or other energy waves or emissions.
7. This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid,
this approval will not be consistent with the General Plan and shall become void.
CITY OF CARLSBAD
MICHAEL J7HOLZMILLER
Planning Director
MJH:PG:mh
c: Gary Wayne
Chris DeCerbo
Paul Godwin
Bobbie Hoder
Kathy Farmer
File Copy
Data Entry
Planning Aide
Coastal Commission