HomeMy WebLinkAboutCDP 00-59; Skanse; Coastal Development Permit (CDP)^1^*- -^»-
City of Carlsbad
Planning Department
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
December 1,2000
Barbara Malone
6102 Avenida Encinas, Suite J
Carlsbad, CA 92009
SUBJECT : CDP 00-59 - SKANSE
The City has completed a review of the application for a Minor Coastal Development
Permit for development located at 6102 Avenida Encinas, Suite J.
It is the Planning Director's determination that the project, CDP 99-39 - Skanse, is
consistent with the applicable City's Coastal Development Regulations (Chapters
21.201 - 21.205) and 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 other 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 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 proposal is in conformity with the public access and recreation policies
of Chapter 3 of the Coastal Act in that no opportunities for coastal access are
available from the subject site.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
CDP 00-59 -
December 1, 2000
Page 2
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. " '
7. The subject site is located in the Coastal Resources 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.
8. That the Planning Director has determined that the project belongs to a class of
projects that the State Secretary for Resources has found do not have a
significant impact on the environment, and it is therefore categorically exempt
from the requirement for the preparation of environmental documents pursuant to
Section 15301 (a), minor alterations to existing facilities, of the state CEQA
Guidelines. In making this determination, the Planning Director has found that
the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
Conditions:
1. Approval is granted for CDP 00-59 - Skanse as shown on Exhibits "A" - "B",
dated December 1, 2000, on file in the Planning Department and incorporated
herein by reference. Development shall occur substantially as shown unless
otherwise noted in these conditions.
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 Coastal Development
Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the 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.
CDP 00-59 - SKANS^
December 1, 2000
Page 3
4. The Developer shall comply with all applicable provisions of federal, state, and
local laws and regulations 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.
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 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. This obligation
survives until all legal proceedings have been concluded and continues even if
the City's approval is not validated.
7. This project shall comply with all conditions and mitigation measures which are
required as part of the Zone 3 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
8. 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.
9. 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 are not paid, this approval will not be consistent
with the General Plan and shall become void.
10. Approval of this request shall not excuse compliance with all applicable sections
of the Zoning Ordinance and all other applicable City ordinances in effect at time
of building permit issuance, except as otherwise specifically provided herein.
CDP 00-59 - SKANSE^
December 1, 2000
Page 4
11. All roof appurtenances, including air conditioners, shall be architecturally
integrated and concealed from view and the sound buffered from adjacent
properties and streets, in substance as provided in Building Department Policy
No. 80-6, to the satisfaction of the Directors of Community Development and
Planning.
Cl CARLSBAD
MICHAEL J. HOLZMILLER
Planning Director
MJH:PG:cs
c: Gary Wayne
Chris DeCerbo
Paul Godwin
Skip Hammann
File Copy
Data Entry
Planning Aide
Coastal Commission