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HomeMy WebLinkAboutSDP 2022-0001; POINSETTIA VILLAGE MEDIA SCREEN; Admin Decision LetterApril 6, 2022 Douglas Walkup 1690 Scenic Ave Costa Mesa, CA 92626 Ccityof Carlsbad 8Fll£ COPY Yf//Pi,/el 'l/6/22 SUBJECT: SDP 2022-0001 (DEV2022-0022) -POINSETTIA VILLAGE MEDIA SCREEN -Request for approval of a Minor Site Development Plan (SOP 2022-0001) for the installation of two electric vehicle chargers with 55-inch (diagonal) changeable-copy video screens. The subject property is located 7110 Avenida Encinas, in the Local Shopping Center Zone (C- L) and Local Facilities Management Zone 9. Dear Mr. Walkup, The City Planner has completed a review of your application for Minor Site Development Plan SOP 2022- 0001 for the installation of two electric vehicle chargers with 55-inch (diagonal) changeable-copy video screens located at 7110 Avenida Encinas. A notice was sent to 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 March 19, 2022). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 ofthe 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 from the General Plan or the Carlsbad Municipal Code and changeable-copy video screens are permitted with approval of a minor site development plan pursuant to Carlsbad Municipal Code Section 18.22.060. 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 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 traffic circulation; in that the proposed electric vehicle chargers with changeable-copy video screens do not reduce the number of parking spaces or 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 chargers with changeable-copy video screens are minor relative to the size of the commercial center and occupy small footprints that do not reduce the number of parking spaces or impede circulation within the property. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov SDP 2022-0001 (DEV2022-0022) -POINSETTIA VILLAGE MEDI.A SCREEN April 6, 2022 Pa e 2 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 chargers with changeable-copy video screens do not affect the existing commercial center's uses, yards, setbacks, walls, fences, landscaping, or other features. 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. Conditions: NOTE~ Unless otherwise specified herein, all conditions shall be satisfied prior to building permit. 1. Approval is granted for SDP 2022-0001 as shown on Exhibits "A" -"L" dated April 6, 2022 on file in the Planning Division 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; 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. SDP 2022-0001 (DEV2022-0022) -POINSETTIA VILLAGE MEDIA SCREEN April 6, 2022 Pa e 3 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. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 9 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, subjectto 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. SDP 2022-0001 (DEV2022-0022) -POINSETTIA VILLAGE MEDIA SCREEN April 6, 2022 Pa e 4 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 $786. 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 Esteban Danna at 442-339-2629. Sincerely, CLIFF JONES Principal Planner CJ:ED:cf c: DS Properties 18 LP, 200 Baker St, Suite 100, Costa Mesa, CA 92626 Eric Fujikawa, 155De Haro St., San Francisco, CA 94103 Allison McLaughlin, Project Engineer Don Neu, City Planner Laserfiche/File Copy Data Entry