HomeMy WebLinkAbout2004-08-18; Planning Commission; Resolution 56991
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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
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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-
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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.
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PC RES0 NO. 5699 -3-
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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).
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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.
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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