Legal Issues with Proposed Development in Costa Azul
The proposed project in Costa Azul faces opposition due to various legal issues, including violations of land use designations, height limits, and environmental analysis requirements. The project includes a hotel and office building that exceed zoning regulations, prompting concerns about community plan amendments and zoning controls. The opposition highlights discrepancies in staff explanations and challenges the approval process based on existing regulations and precedents.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Opposition to Costa Azul West Elevation
The Project Project Description Issues Office use not allowed in visitor commercial land use designation or visitor commercial zone. Exceeds height limit of 60 . Relied on Addendum to 40-year-old EIR. Failed to perform necessary environmental analysis: Air Quality GHG VMT Traffic Potential significant impacts: Air Quality GHG Traffic Hotel Office 7 stories 128 rooms 77,652 sf 76 high 5 stories 96,040 sf 68 high 10/19/2021 The Law Office of Julie M. Hamilton 2
Office use is not allowed in the Carmel Valley Community Plan: THE PROJECT REQUIRES A COMMUNITY PLAN AMENDMENT
The previously approved North City West Planned Development Permit Addendum to the EIR defined the VC zone as follows: the Final EIR for North City West Neighborhoods 4, 5, and 6 (EQD No . 81 - 1212), which addressed the precise plan impacts east of the site. The project covered by this last EIR presented the original definition of the VC zone and equated it to the City's preexisting CR zone . (Addendum No. 84-0213, p. 2.) Office is not an allowed land use. Staff s contorted explanation as to why office uses are allowed in the visitor commercial zone cannot stand allowing this use defies the community plan and the zoning. Staff relies on language in the Precise Plan adopted prior to the Visitor Center being created by the realignment of El Camino Real. 10/19/2021 The Law Office of Julie M. Hamilton 4
Parcel 2 Office Staff statement there is office use existing on the site is misleading. Marriott The only portion of Parcel 2 adjoining the project site is a drainage basin located along the southwest boundary of the project site. The body of Parcel 2 is on the other side of the Marriott Hotel where it is developed with an office building and located in the employment center. Project Site 10/19/2021 The Law Office of Julie M. Hamilton 5
Use is not allowed Office is not an allowed use in the Visitor Commercial Zone. Carmel Valley Planned District Ordinance: 10/19/2021 The Law Office of Julie M. Hamilton 6
Height Limit The height limit in the Visitor Commercial Zone is 60 . The applicant is proposing a 76 high hotel and a 68 high office building. The increased height allows a bigger terraced building. The applicant could have achieved the same terracing effect with a smaller building. Adjoining properties have invested heavily based on the height limits adopted by the City for Visitor Commercial uses. Allowing this project to exceed the height limit for a use that does not fulfill a particular goal of the City (i.e. affordable housing, transit-oriented development) is essentially allowing development with no zoning controls. 10/19/2021 The Law Office of Julie M. Hamilton 7
Parking The applicant is proposing 444 parking spaces. The project site is not in a TPA, therefore the municipal code requires 610 parking spaces. If the project site were in a TPA the project would require 542 parking spaces. 10/19/2021 The Law Office of Julie M. Hamilton 8
This Addendum to the EIR prepared for the North City West Project in 1982 does not comply with CEQA. A subsequent EIR is required if: Substantial changes are proposed to the project that will require major revisions of the EIR. Substantial changes occur in the circumstances under which the project is being undertaken that will require major revisions in the EIR. New information of substantial importance to the project that was not known and could not have been known at the time the EIR was certified as complete and is now available. The City Has Not Complied with CEQA 10/19/2021 The Law Office of Julie M. Hamilton 9
Addendum EQD No. 84-0213 defined the project as a Development Plan for the construction of a 500-room, 12-story hotel with three- and four- level parking structure, three separate restaurants and an auto center. The Marriott includes 284 rooms. The Residence Inn was built on the auto center site with 118 rooms. The City approved the Carmel Valley Hotel on the Tio Leos site with 127 rooms. The proposed project will allow an additional 128 hotel rooms for a total of 657 hotel rooms where 500 hotel rooms were described in the previous addendum. The proposed project will also allow an 96,040 sf of office space not previously considered in the addendum. This is a new project and does not qualify for an Addendum. 10/19/2021 The Law Office of Julie M. Hamilton 10
Climate Change Significant new information has become available documenting the impact of greenhouse gases ( GHG ) on climate change. The Addendum does not adequately address impacts to GHG and climate change. The United Nations Framework Convention on Climate Change was established in 1992. The most recent addendum to the EIR was was certified in 1984. The City is relying on Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal.App.4th 515 to support its opinion the City was aware of Climate Change and the impacts of GHG in 1982 and 1984. This EIR for North City West was adopted in 1982, the last addendum adopted in 1984 long before the City adopted GHG protocols. CREED challenged an addendum to a 1994 EIR, after the United Nations Framework Convention. The Kyoto Protocol was adopted in 1997. 10/19/2021 The Law Office of Julie M. Hamilton 11
Greenhouse Gases and Air Quality The Addendum does not adequately address GHG or Air Quality impacts in accordance with: City of San Diego Draft Significance Thresholds of Greenhouse Emissions. City Climate Action Plan CAP Consistency Checklist The project exceeds the City s thresholds for GHG emissions. The project may have significant impacts on GHG/Air Quality that was not considered in the previous EIR. The project exceeds the City s thresholds for Volatile Organic Compounds ( VOC ). 10/19/2021 The Law Office of Julie M. Hamilton 12
Traffic The project site is not located in a TPA as defined by SB743. There is no transit expected within the planning horizon of the Regional Transportation Improvement Program. The City has failed to perform the VMT analysis required by SB743. This project will contribute to existing failing levels of service causing significant impacts that have not been identified. 10/19/2021 The Law Office of Julie M. Hamilton 13
