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HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53551 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5355 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL STRUCTION AND OCCUPATION OF AN APPROXIMATELY STRUCTION OF THE SURROUNDING PARKING AREAS FOR THE LA COSTA RESORT AND SPA ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL, BETWEEN ARENAL ROAD AND COSTA DEL MAR ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RESORT AND SPA BALLROOM CASE NO: SUP 02-08 WHEREAS, KSL Development Corp, “Developer/Owner,” has filed a verified USE PERMIT - SCENIC CORRIDOR TO ALLOW THE CON- 42,447 SQUARE FOOT BALLROOM AND A RECON- application with the City of Carlsbad regarding property described as A portion of Section 26 and 35 both in Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof (‘the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit [Amendment] as shown on Exhibits “A” - “L” dated January 15, 2003, on file in the Planning Department LA COSTA RESORT AND SPA BALLROOM - SUP 02-08, as provided by Chapter 21.40 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 15th day of January, 2003 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Special Use Permit; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES LA COSTA RESORT AND SPA BALLROOM - SUP 02-08, based on the following findings and subject to the following conditions: Findings: 1. The Special Use Permit for the El Camino Real Scenic Corridor is consistent with the purposes of Chapter 21.40, Scenic Preservation Overlay Zone, and specifically the development standards for Area 5 of the El Camino Real Scenic Corridor Guidelines in that the proposed structure does not exceed 35 feet in height and is setback more than 40 feet from the public right-of-way, and no cut or fill exceeding 10 feet is proposed. 2. The proposed Special Use Permit is consistent with the provisions of the General Plan in that the ballroom use is consistent with the Travel Recreational Commercial land use designation; the project provides safe and adequate parking areas; the project is conditioned to comply with the City’s National Pollutant Discharge Elimination System Permit; and all-weather access roads and necessary water mains and hydrants will be provide throughout construction. 3. Approval of the Special Use Permit will not create an adverse effect on the scenic qualities of the property in that adequate setbacks, building height, and landscaping are being provided and maintained and the architectural style of the building compliments the existing architecture of the resort and nearby residential uses. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different fiom this approval, shall require an amendment to this approval. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Special Use Permit - Scenic Corridor 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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 PC RES0 NO. 5355 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnifl, 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 Special Use Permit - Scenic Corridor, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. 6. This approval is granted subject to the approval of CUP 258(C) and is subject to all conditions contained in Planning Commission Resolution No. 5354 for that other approvals. 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 f?om date of final approval to protest imposition of these feedexactions. 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 feedexactions 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. ... ... ... ... ... ... PC RES0 NO. 5355 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 15th day of January, 2003 by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None R, Chairperson PLANNING COMMISSION ATTEST: MICHAEL J. H~XZMIIY~R Planning Director PC RES0 NO. 5355 -4- ~ ~~~ ~ ~-