HomeMy WebLinkAboutCDP 2020-0034; BLUWATER GYM EQUIPMENT STORAGE; Admin Decision LetterFebruary 9, 2021
Paige Sims
5505 Cancha de Golf
San Diego, CA 92091
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
{"city of
Carlsbad
B FILE COPY
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RE: CDP 2020-0034 (DEV2020-0197) -BLUWATER GYM EQUIPMENT STORAGE
The city has completed a review of the application for a Minor Coastal Development Permit for the
development of a gym equipment accessory storage structure located at 6790 Embarcadero Lane.
It is the City Planner's determination that the project, CDP 2020-0034 (DEV2020-0197)-BLUWATER GYM
EQUIPMENT STORAGE, 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 iA 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 areas required of the project.
4. The proposed development will have no adverse effect on coastal resources, in that the site does not
have frontage along the coastline and no public opportunities for coastal shoreline access are
available from the subject site. Furthermore, the site is not suited for water-oriented recreation
activities. The entire lot Is previously disturbed and developed with mixed commercial and
residential development, hardscape, and mature landscaping
5. That the proposed development is in conformance with the Certified Local Coastal Program and all
applicable policies in that the site is designated for mixed uses and the proposed 240-square-foot
gym equipment accessory storage structure is consistent with the relevant policies of the Mello II
Segment of the Local Coastal Program, the Coastal Program implementing ordinance (Poinsettia
Properties Specific Plan SP 210), and the Coastal Resource Protection Overlay Zone. The project
location is topographically level; therefore, no grading is required. In addition, the project is
consistent with the surrounding development, which consists of mixed commercial and residential
uses. Lastly, no agricultural activities, sensitive biological resources, geological instability or coastal
access opportunities exist on the previously graded and developed property.
Community Development Planning Division [ 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 [ 760-602-8560 f I www.carlsbadca.gov
CDP 2020-0034 (DEV2020-0197) -BLUWATER GYM EQUIPMENT STORAGE
February 9, 2021
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6. 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.
7. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15303 -New Construction or Conversion of
Small Structures of the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
8. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, 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:
l. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2020-0034 for
the project entitled BLUWATER GYM EQUIPMENT STORAGE (Exhibit A), dated February 9, 2021, 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 Pe~mit.
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.
CDP 2020-0034 (DEV2020-0197) -BLUWATER GYM EQUIPMENT STORAGE
February 9, 2021
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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 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 22, 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, 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 Delle-loper or successor in interest.
10. Approval of this request shall not excuse coni'pliance with all applicable sectioAs. of·the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except
as otherwise specifically provided herein.
11. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul
route.
12. The gym equipment accessory storage structure is to be used exclusively by members/tenants of
CommonGrounds Workplace. The structure shall not be used as a gym or fitness studio operating
as a separate business.
CDP 2020-0034 {DEV2020-0197}-BLUWATER GYM EQUIPMENT STORAGE
February 9, 2021
Pa e4
NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within ten
{10) calendar 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. The filing of such appeal
within such time limit shall stay the effective date ofthe order of the City Planner until such time as a final
decision on the appeal is reached.
The project site is within the appealable area of the California Coastal Commission. This Minor Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
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 of final 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 Esteban Danna at 760-602-
4629 or by email at esteban.danna@carlsbadca.gov.
CITY OF CARLSBAD
Don Neu
City Planner
DN: ED:cf
c: Don Neu, City Planner
David Rick, Project Engineer
HPRM/File Copy
Data Entry