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HomeMy WebLinkAbout2004-08-18; Planning Commission; Resolution 56991 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. 5699 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-1, RP, RD-M AND C-2 TO PLANNED COMMUNITY (PC) ON PROPERTIES GENERALLY LOCATED WITHIN THE LA COSTA RESORT AND SPA IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RESORT AND SPA MASTER PLAN CASE NO: ZC 03-04 WHEREAS, KSL, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as See attached (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X“ dated August 4, 2004, attached hereto and on file in the Planning Department, LA COSTA RESORT AND SPA MASTER PLAN - ZC 03-04 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 18th day of August 2004, 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 Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA RESORT AND SPA MASTER PLAN - ZC 03-04 based on the following findings and subject to the following conditions: B 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 FindinPs: 1. 2. 3. That the three proposed Zone Change requests for the La Costa Resort and Spa Master Plan, (1) from Residential Professional (RP) to Planned Community (PC); (2) from Residential Density-Multiple to Planned Community (PC), (3) Single-Family Residence (R-1) to Planning Community (PC), and; (4) from C-2 to Planned Community (PC) are consistent with the goals and policies of the various elements of the General Plan, in that Land Use Element Implementing Policy C.10 encourages tourist destination facilities, as long as they protect the residential character of the community and the opportunity of local residents to enjoy the continued use of the beach, local transportation and parking facilities. The proposed zone change will allow for the development of a comprehensive master plan for the La Costa Resort and Spa, which will guide the future redevelopment of the subject properties into commercial dwelling units, as part of the Resort complex and consistent with existing and proposed Travel-Recreation (TR) General Plan designation onsite. The subject properties (currently RP, RD-M, R-1 and (2-2) have existing development allowances regarding residential dwelling units and/or commercial uses, in addition to development standards such as building height, parking, and affordable housing compliance which will be replaced with commercial dwelling unit developments to modernize the Resort and its properties. The proposed zone changes do not affect the existing tennis court or golf course areas. In addition, the master plan process allows for continual monitoring and review of the subject property so that the City may bring any documented parking or other operational problems before a public hearing for resolution. This existing master plan process will apply to the La Costa Resort and Spa, which therefore makes it consistent with Land Use Element Implementing Policy C.13 which requires the review of parking requirements for commercial areas on a periodic basis to ensure adequate parking and to address identified parking problems. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the proposed zone changes will implement the Planned Community zoning district over the entire Resort property, which then allows for the development and approval of a comprehensive master plan for the site. The PC zone will be consistent with the existing and proposed General Plan designations on the Resort property, and will be concurrently implemented by the master plan. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that the Resort in the past did not have a comprehensive plan or vision for its future operations and buildout. The zone change to PC and corresponding requirement for the development of a master plan, will provide regulations and procedures that will provide more long term protection to the area and adjacent residents than if no master plan existed. The master plan will accommodate the continued operation of the resort, tennis courts and golf courses while redeveloping other portions of the property with commercial dwelling units as part of the Resort’s development plans. PC RES0 NO. 5699 -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 Conditions: 1. This approval is granted subject to the approval of the tigatec Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 03-08/MP 03-02/MP 149S/CT 03-0UPUD 03-06/SUP 03-O6/SUP 03-03 and is subject to all conditions contained in Planning Commission Resolutions No. 5697,5698,5700,5701,5702,5703, 5704 and 5705 for those other approvals incorporated herein by reference. 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 “ feedexactions. ” You have 90 days from 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 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 feedexactions 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. 5699 -3- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 18th day of August 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, and Segall NOES: ABSENT: Commissioner Montgomery ABSTAIN: /h”K H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HO~!MIL,&R Planning Director PC RES0 NO. 5699 -4- RI TO P-C LOTS 145, 146 AND 147 OF LA COSTA VALLEY UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5734, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 18,1966. RDM TO P-C LOTS 121 THROUGH 129, INCLUSIVE OF LA COSTA VALLEY UNIT NO. 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO JULY 29,1954; TOGETHER WITH, LOTS 138,139 AND 140 OF LA COSTA UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO OCTOBER 28,1964. C-2 TO P-C A PORTION OF SECTION 35, 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, ALSO KNOWN AS LOT 2 AND LOTS 5 THROUGH 40, AS SHOWN BY TENTATIVE TRACT MAP FOR LA COSTA RESORT (CT 03-01). R-P TO P-C A PORTION OF SECTION 35, 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, ALSO KNOWN AS THE NORTHWESTERLY PORTION OF LOT 3 AND THE NORTHEASTERLY PORTION OF LOT 4, AS SHOWN BY TENTATIVE TRACT MAP FOR LA COSTA RESORT (CT 03-01). 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 Exhibit "X August 4,2004 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM (1) SINGLE FAMILY RESIDENTIAL (R-1) TO PLANNED COMMUNITY (P-C); (2) GENERAL COMMERCIAL (C-2) TO P-C; (3) RESIDENTIAL DENSITY-MULTIPLE (RD-M) TO P-C, AND; (4) RESIDENTIAL PROFESSIONAL (RP) TO P-C, ON PROPERTY GENERALLY LOCATED WITHIN THE LA COSTA RESORT AND SPA PROPERTIES EAST OF EL CAMINO REAL AND SOUTH OF ARENAL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RESORT AND SPA MASTER PLAN CASE NO.: ZC 03-04 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the City's zoning map, is amended as shown on the map marked Exhibits "ZC 03-04" existing and proposed, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5699 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. Ill Ill Ill Ill Ill Ill Ill 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2004, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAl N: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- ZC 03-04 - .existing August 4, 2004 EXISTING LA COSTA RESORT AND SPA MASTER PLAN ZC 03-04 ZC 03-04 - proposed August 4, 2004 PROPOSED LA COSTA RESORT AND SPA MASTER PLAN ZC 03-04