HomeMy WebLinkAboutCDP 2020-0038; BANK OF AMERICA; Admin Decision LetterNovember 20, 2020
Angela Ojeda
6100 Wilshire Boulevard, Ste. 430
Los Angeles, CA 90048
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2020-0038 (DEV2020-0226} -BANK OF AMERICA
Ccityof
Carlsbad
BFILE COPY
h(t1.d,l 11/2s/2020
The city has completed a review of the application for a Minor Coastal Development Permit to merge six (6) lots into
one (1) lot for a property developed with a bank and a parking lot. The 0.56-acre parcel is located at 645 Carlsbad
Village Drive, Assessor's Parcel Number 203-305-15. The project site is not located within the appealable area of the
California Coastal Commission.
It is the City Planner's determination that the project CDP 2020-0038 -BANK OF AMERICA is consistent with the
city's applicable Coastal Development Regulations (Chapters 21.201 -21.205) and with all other applicable city
ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following:
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 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, nor are public
recreation areasrequired of the project as the property is not located adjacent to the shore.
4. The proposed development will have no adverse effect on coastal resources, in that the project site is not
located adjacent to a body of water. In addition, the lot line adjustment will not Impact steep slopes or
mature vegetation since the site is developed with a bank and a parking lot. The project does not include any
physical changes to the existing building or site Improvements.
5. That the proposed development is in conformance with the Village Area Segment of the Certified local Coastal
Program and all applicable policies in that the proposal to merge six (6) lots into one {1} lot is In an area
developed with a bank and parking lot, and is consistent with the Village-Barrio {V-B} General Plan Land Use
and Village-Barrio (V-B} Zoning designations. The proposed project will not obstruct views of the coastline as
seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone.
No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property,
and the project site is not located in an area of known geologic instability or flood hazards. Furthermore, the
project does not include any physical changes to the existing building or site Improvements.
Community Development Department .
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
CDP 2020-0038 (DEV2020-0226) -BANK OF AMERICA
November 20, 2020
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6. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203
of the Zoning Ordinance) in that the project does not Include any physical changes to the existing building or
parking lot and therefore will not result In increased urban runoff, pollutants, and soil erosion. Furthermore,
as the site Is fully developed, no natural steep slopes greater than or equal to 25 percent gradient will be
aff.l!cted by the project. In addition, the lot line adjustment is not located in an area prone to landslides,
susceptible to accelerated erosion, floods or liquefaction.
7. That the request for a minor coastal development permit was adequately noticed at least ten (10) working days
before the date of this decision pursuant to Section 21.201.0B0(B) and (C) of the Carlsbad Coastal Development
Regulations.
8. That the City Planner has determined that the project is exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15305(a)-Minor Alterations in Land Use Limitations of the State
CEQA Guidelines and will not have any adverse significant impact on the environment.
9. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and
hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related
to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused
by the project.
Conditions:
1. · The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2020-0038, for the project
entitled BANK OF AMERICA (Exhibit "A") dated November 20, 2020, on file in the Planning Division and
incorporated by this reference, subject to the conditions herein set forth.
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; record a notice of violation on the property title; 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 Minor Coastal Development
Permit.
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 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.
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6. 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 nondiscretionary, 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 approval shall become null and void if building permits are not issued for this project within 24 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 1, 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.
9. Prior to the issuance of the building permit for the tenant improvements, Developer shall submit to the city a
Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor
Coastal Development Permit on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as well as any conditions
or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause
by the Developer or successor in interest.
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 2020-0038 (DEV2020-0226) -BANK OF AMERICA
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NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within ten days of
receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in
Carlsbad, along with a payment of $876.00 plus notice fees. The filing of such appeal within such time limit shall stay
the effective date of the order of the City Planner until such time as a final decision on the appeal is reached.
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or
other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date offinal approval to protest imposition of these fees/exactions. If you protest them, you
must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other
required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section
3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside,
void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water
and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application
processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you
have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
If you have any questions regarding this matter, please feel free to contact Shannon Harker at 760-602-4621.
CITY OF CARLSBAD
TERI DELCAMP
Principal Planner
TD:SH:cf
c: Mia Randene, 13400 Riverside Drive, Suite 202, Sherman Oa~s,·CA 91423
Paula Desideri, 200 E. Randolf Drive, Chicago, IL 60601
Don Neu, City Planner
David Rick, Project Engineer
California Coastal Commission (NoFA)
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