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HomeMy WebLinkAbout2004-08-18; Planning Commission; Resolution 57031 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. 5703 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NON-RESIDENTIAL PLANNED UNIT TO 197 COMMERCIAL DWELLING UNITS OVER 10 LOTS ON 15 ACRES AND TO PROVIDE FOR EXISTING USES, OPEN SPACE, PARKING AND PRIVATE STREETS OVER 31 LOTS ON PROPERTY GENERALLY LOCATED WITHIN THE LA COSTA RESORT PROPERTY IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RESORT AND SPA MASTER PLAN DEVELOPMENT PERMIT, PUD 03-06, TO CONSTRUCT UP CASE NO.: PUD 03-06 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 verified application constitutes a request for a Non-Residential Planned Unit Development Permit as shown on Exhibits “PUD 03-06/SS - 00000” dated August 4, 2004, on file in the Planning Department, LA COSTA RESORT AND SPA MASTER PLAN - PUD 03-06 as provided by Chapter 21.47 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 persons desiring to be heard, said Commission considered all factors relating to the Non-Residential Planned Unit Development 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 RECOMMENDS APPROVAL OF LA COSTA RESORT AND SPA MASTER PLAN - PUD 03-06, based on the following findings and subject to the following conditions: Findings: 1. The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies in that the proposed master plan will implement the Travel Recreation designation over the subject area with a non-residential Planned Unit Development for up to 197 commercial dwelling units (CDU). 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general wellbeing of the neighborhood and the community in that the La Costa Resort is proposed to modernize the 40+ year old property to match the visibility and quality destination that Carlsbad has become. The proposed tourist-based development and commercial dwelling units will provide for a higher quality tourist destination and keep the property in line with the caliber of resorts nearby and in the region. 3. Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity in that the project is conditioned to be monitored for operational function and to identify any parking or other issues over time. These issues may be resolved in a public hearing context as part of the standard master plan process. In addition, mitigation measures associated with the project further protect the area from detrimental impacts. 4. The proposed nonresidential planned development meets all of the minimum development standards of the underlying zone in that the La Costa Resort and Spa Master Plan, as proposed, designates the areas for non-residential development/ commercial dwelling units as a C-2 zoning district; which outlines the development standards that the commercial dwelling units will comply with. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to PC RES0 NO. 5703 -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 2. 3. 4. 5. 6. 7. compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Non-residential PUD. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non-residential PUD 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, 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 Non-residential PUD, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 03-08/ZC 03-04MP 03- 02/MP 149S/CT 03-O1/SUP 03-06 and SUP 03-03 and is subject to all conditions contained in Planning Commission Resolutions No. 5697,5698,5699,5700,5701,5702, 5704, and 5705 for those other approvals incorporated herein by reference. Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance andor resolution, then the Developer, or hishedtheir successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, PC RES0 NO. 5703 -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 whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. 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 from date of final approval to protest imposition of these fees/exactions. 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 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. 5703 -4- 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, California, 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: Z-..d& ?> * \ H. WHITTON, ChairperGn CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5703 -5- PA 1 - 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 LOTS 9 THROUGH 16 AND LOT 39, AS SHOWN BY TENTATIVE TRACT MAP FOR LA COSTA RESORT (CT 03-01). PA 2 - A PORTION OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, ALSO KNOWN AS LOTS 17 THROUGH 21, AS SHOWN BY TENTATIVE TRACT MAP FOR LA COSTA RESORT (CT 03-01). PA 3 - A PORTION OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, ALSO KNOWN AS LOTS 24 THROUGH 30 AND LOT 36, AS SHOWN BY TENTATIVE TRACT MAP FOR LA COSTA RESORT (CT 03-01). PA 4 - A PORTION OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, ALSO KNOWN AS LOTS 31 THROUGH 35, AS SHOWN BY TENTATIVE TRACT MAP FOR LA COSTA RESORT (CT 03-01).