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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