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Home My WebLink AboutMP 03-02B; La Costa Resort PA 1; Master Plan (MP) (2)(~CITY OF ~.~CARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov January 31, 2014 Jon Rodrigue Rodrigue Law 2240 Encinitas Blvd, D-449 Encinitas, CA 92024 RE: LA COSTA RESORT AND SPA-MP 03-02(8) Dear Mr. Rodrigue, The city has reviewed your memorandum dated January 28, 2014 regarding the ability for La Costa Resort to utilize a portion of the golf course for temporary outdoor private events. The proposed location is on the Legends (South) course between the 17'h and 18'h holes. The golf course is shown to be within Planning Area seven (PA 7) of the La Costa Resort and Spa Master Plan. Presently PA 7 consists of the buildings of the La Costa Resort and Spa facility and the golf course as shown on page 2.39 of the Master Plan. Master Plan Section 2.5.7, Processing Requirements, notes that improvements proposed for PA 7 shall be processed in accordance with Title 21 Zoning Section 21.38.130 and 21.38.140 (implementation of the Master Plan). Per Section 3.2.7 (page 3.16) of the Master Plan, Development Standards for the Open Space portion of PA 7, all golf course use and supporting facilities shall conform to the City of Carlsbad Zoning Section 21.33-0-S and as modified by the Master Plan. The Open Space zone requires a Regular Conditional Use Permit for the development of uses similar to the proposed use such as, an Entertainment Activities and facilities, Private picnic areas, and outdoor theaters, stages, amphitheaters. The existing Conditional Use Permit (CUP 258) would be required to be amended to include the proposed use. Staff is not supportive of the interpretation that the proposed use is permitted under the Temporary and Interim Uses Allowed section of the Master Plan. The temporary outdoor staging events are related to sporting events held at the Resort. These are intended and interpreted as major sporting events that were traditionally held at the resort and not the regular play of the public or private events. The venue the resort wishes to create would be more of a permanent facility at a fixed location that would hold events more frequent that the annual or semi-annual sporting events. Staff also is not supportive of the Administrative Amendment process suggested by La Costa. On Page 3.20, Administrative Amendments, Section C, the Planning Director has the authority to approve ... minor changes to Site Development Plans provided such amendments do not ... permit a new use or group of uses not shown on the approved plan. Because the existing plan does not ® LA COSTA RESORT AND SPA-MP 03-02(B) January 31, 2014 Pa e 2 show the use as an existing permitted use, staff is unsupportive of approving a new use without processing the proper formal amendments as directed by the Master Plan, Formal Amendments. This would require both a master plan amendment and CUP amendment to be processed. Staff understands that the proposed venue would be an augmentation and improvement for the resort and guest's experiences, but given the discussion above and the proximity of the site to existing residences, staff does not agree that the proposed use would be permitted by right or by minor amendment. If you have any questions regarding the above, please feel free to contact me or Van Lynch, Senior Planner, at (760) 602-4613. Sincerely, DON NEU, AICP City Planner DN:VL:fn c: DMS/Data Entry rodrigue law business • real estate • finance MEMORANDUM To: Van Lynch Date: January 28, 2014 Re: La Costa Resort & Spa-Potential Outdoor Event Use of Open Space Areas Within PA-7 The purpose of this Memorandum is to provide analysis concerning the ability for persons to use certain areas within the golf course ( e.g., Legends Landing) for temporary, private events (e.g., weddings, social gatherings, etc.) that would complement and enhance the guest experience for those persons. The Master Plan is intended, generally, to provide and allow for a flexible approach to development within the resort campus. Indeed, the Master Plan expresses the desire to "provide a flexible regulatory procedure to encourage and foster creative and imaginative master planning of hotel units, open space, community facilities and commercial mixed uses. "1 The Master Plan continues to expressly address the flexible nature and desire to create future opportunities: " ... Allow for the continuing operation and use of resort facilities, while addressing the opportunity for augmentation and improvement to the resort facilities and guest experience." Staff should keep this principle of flexibility that is embraced in the Master Plan in mind when evaluating requests. Requests that are both consistent with the overall resort I hotel operations, and those intended to augment and improve guest experience may indeed help the resort with their goal of creative and imaginative master planning. The Master Plan does provide specific allowance for certain non-golf course uses within PA-7. In particular, the Master Plan allows for: "Temporary outdoor staging elements to facilitate resort operations for sporting events, i.e., golf and tennis tournament spectator staging and seating provided, however that any tents shall require review by City fire department and approval if required." The above provisions would seem to limit any outdoor events to those relating specifically to "sporting events." However, read in connection with the overall language of Master Plan which provides for a flexible approach, and one which allows for complementary uses within the 1 Master Plan Section 3.1. 2240 Encinitas Blvd., DA49 I Encinitas, CA 92024 (619) 384·2160 I Fax (8S8) 430·4884 JR@Rodriguelaw.com I www.RodrigueLaw.com rodrigue /law planning areas would suggest that such outdoor events perhaps should not be limited solely to those associated with sporting events, but rather resort related events. More specifically, the particular restrictions imposed upon PA-7 provide some guidance on the uses permitted within the overlay zone. The Master Plan provides that all development of property within PA-7 shall be in accordance with the 0-S zoning restrictions set forth in the municipal code.2 Based upon a review of the relevant uses within the Open Space zone (to which we must look by virtue of the Master Plan overlay), the following uses seem to provide some guidance on how the resort may seek to use areas within PA-7: Clubhouse-accessory Permitted as accessory use Other similar accessory uses and structures required for the conduct of the permitted uses Permitted as accessory use Patios Permitted as accessory use In conclusion, o · The Master Plan already allows temporary outdoor events (including tents) within PA-7 by right, and without the requirement for additional City review and approval o While the Master Plan seems to possibly limit these events to instances associated with "sporting events," the temporary outdoor uses associated with sporting events are typically far more intensive in nature, duration, scope, and attendance than what is presently envisioned o The proposed uses are specifically allowed in the City's open space zone, which is incorporated into the Master Plan o Even if an amendment to the Master Plan is required to permit some of the desired uses, that decision can (and should) be made at the Planning Director level as an Administrative amendment o In an ever competitive marketplace, these uses allow the Resort to offer additional guest experiences, thereby helping to keep guests on campus and within the City, thereby resulting in additional sales tax and TOT dollars to the City 2 See Master Plein Section 3.2.7 2240 Encinitas Blvd., D-449 I Encinitas, CA 92024 (619) 384-2160 I Fax (858) 430-4884 JR@Rodriguelaw.com I www.RodrigueLaw.com