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HomeMy WebLinkAboutSDP 2022-0014; VOLTA OMNI LA COSTA; Admin Decision Letter8FILE COPY {'cityof Carlsbad December 1, 2022 Angela Chang 1100 W Town and Country Road, Suite 700 Orange, CA 92868 SUBJECT: SDP 2022-0014 (DEV2022-0164) -VOLTA OMNI LA COSTA -Request for approval of a Minor Site Development Plan (SDP 2022-0014) to replace five existing compact parking spaces with three electric vehicle (EV) parking spaces and one accessible EV parking space with 55-inch (diagonal) changeable-copy video screens to be installed in a landscaped island adjacent to the EV parking spaces. The EV stations will be approximately 90.9 inches tall and 33.2 inches wide. Electrical conduits are proposed to be extended from the existing building to the EV charging stations. All proposed parking spaces will be painted and marked, and parking signs will be installed. The subject property is located at the southeast corner of El Camino Real and Arena! Road and is comprised of Assessor Parcel Number (APN) 216-590-19-00. The subject property is in the Planned Community (P-C) Zone, within Planning Area 2 of the La Costa Resort and Spa Master Plan (MP 03-02(C)) and Local Facilities Management Zone 4. Dear Ms. Chang, The City Planner has completed a review of your application for a Minor Site Development Plan SDP 2022- 0014 (DEV2022-0164) -VOLTA OMNI LA COSTA located at the southeast corner of El Camino Real and Arena! Road (APN 216-590-19-00). A notice was sent t6 property owners within a 300-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on October 28, 2022). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that electric vehicle chargers with changeable-copy video screens are not precluded in the General Plan or the Carlsbad Municipal Code (CMC) and changeable-copy video screens are permitted with approval of a minor site development plan pursuant to CMC Sections 18.22.060 and 21.06.070. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov SDP 2022-0014 (DEV2022-0164)-VOLTA OMNI LA COSTA December 1, 2022 Page 2 uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traftrc circulation; in that the proposed electric vehicle chargers with changeable-copy video screens reduce the number of parking spaces by one space; however, the parking spaces are located within an unimproved parking lot of approximately 200 spaces in Planning Area 2 of the La Costa Resort and Spa Master Plan, MP 03-02(C). Pursuant to section 2.7.2 of the Master Plan, the unimproved lot is not included in the overall count of parking spaces required to meet the parking needs assessment parking peak demand. The unimproved lot in which the electric vehicle parking spaces and changeable-copy video screens are proposed is considered an overflow lot. Therefore, reducing the number of parking spaces by one space does not reduce the overall number of spaces required per the Master Plan. In addition, the proposed electric vehicle spaces and chargers with changeable-copy video screens do not impede circulation within the property. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the proposed electric vehicle spaces and chargers with changeable-copy video screens are minor relative to the size of the La Costa Resort and Spa and occupy small footprints that do not reduce the overall number of parking spaces required per MP 03-02(C) or impede circulation within the property.· 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted· future development or use in the neighborhood will be provided and maintained; in that the proposed electric vehicle spaces and chargers with changeable-copy video screens do not affect the existing resort and spa use, yards, setbacks, walls, fences, or other features. The electric vehicle chargers with changeable-copy video screens will be installed in a landscape island; however, they will occupy a small footprint that will not significantly impact the overall landscaped area and will not reduce screening from El Camino Real. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that additional traffic generation is not anticipated as a result of the installation of electric vehicle chargers with changeable-copy video screens. 6. That the City Planner 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 -Existing Facilities of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. That the request for a Minor Site Development Plan was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 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. SOP 2022-0014 (DEV2022-0164)-VOLTA OMNI LA COSTA December 1, 2022 Page 3 Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of the building permit. 1. Approval is granted for SDP 2022-0014 as shown on Exhibits "A" -"N" dated December 1, 2022 on file in the Planning Division and incorporated herein by r~ference. 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; 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 Site Development Plan. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan 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. 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. 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 Site Development Plan, (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. SDP 2022-0014 (DEV2022-0164)-VOLTA OMNI LA COSTA December 1, 2022 Page4 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 4 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 9. 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. 10. 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 Site Development Plan 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. 11. The EV charging stations are located within Planning Area 2 (PA 2) of the La Costa Resort and Spa Master Plan. This area is designated for two commercial dwelling unit (CDU) buildings and associated parking. The unimproved parking lot is considered overflow parking. The master plan requires permanent surface and landscape improvements in PA 1 and 2 within 5 years of the latest master plan amendment (approved January 16, 2019) for the Ballroom Expansion in Planning Area 5 (PA 5); or the construction of a parking structure within PA 5 when CDUs are developed within PA 1 and/or 2. All parking spaces shall comply with the size dimensions consistent with Carlsbad Municipal Code Chapter 21.44. Pursuant to MP 03-02(C), Omni La Costa is required to provide permanent parking facilities by January 16, 2024, or during the development of the CDUs in PA 2, whichever comes first. The EV parking spaces associated with this project may be required to be removed, relocated, or revised at that time. Code Reminders: 1. 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. SDP 2022-0014 (DEV2022-0164)-VOLTA OMNI LA COSTA December 1, 2022 Page 5 NOTICE 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 the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $847. 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. If you have any questions regarding this matter, please feel free to contact Lauren Yzaguirre at (442) 339-2634. Sincerely, CLIFF JONES Principal Planner CJ:LY:JC c: Paul Guccini, 2100 Costa Del Mar, Carlsbad, CA 92009 Emad Elias, Project Engineer Eric Lardy, City Planner Laserfiche/File Copy Data Entry