HomeMy WebLinkAbout2004-08-18; Planning Commission; Resolution 57051
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. 5705
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SCENIC CORRIDOR SPECIAL USE
PERMIT FOR PROPOSED IMPROVEMENTS ALONG THE
PROJECT’S EL CAMINO REAL FRONTAGE SUBJECT TO
CORRIDOR STANDARDS ON PROPERTY ADJACENT TO EL
CAMINO REAL, NORTH OF COSTA DEL MAR, IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA RESORT AND SPA MASTER PLAN
CASE NO: SUP 03-03
WHEREAS, KSL, “Developer/Owner,” has filed a verified application with the
City of Carlsbad regarding property described as
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 37, 38 AND THE
WESTERLY 19.00 FEET OF LOTS 1,4, 21, 22, 35 AND 36,
AS SHOWN BY TENTATIVE TRACT MAP FOR LA
COSTA RESORT (CT 03-01).
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Scenic Corridor
Special Use Permit [Amendment] as shown on Exhibits “SUP 03-03/TTTTT” dated August 4,
2004, on file in the Planning Department LA COSTA RESORT AND SPA MASTER PLAN -
SUP 03-03, as provided by Chapter 21.40 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 Scenic Corridor Special Use Permit.
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
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
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 - SUP 03-03, based on the following findings and subject to
the following conditions:
Findings:
1.
2.
3.
The proposed project conforms to the intent of the Scenic Preservation Overlay in that
the proposal conforms with applicable standards of the El Camino Real Corridor
Standards and specifically those of Area 5 which pertain the La Costa Resort and
Spa property with frontage on El Camino Real. Area 5 calls for a preservation of
the Old California/Hispanic design theme with architecture featuring white stucco
walls and Mission barrel-style roof tiles. Architectural towers will further this
design theme in combination with building setbacks that exceed the 30 foot
minimum required. All other aspects of the Corridor Standards are satisfied
including grading, building height, land uses and signage. However, the master
plan provisions for landscaping will slightly alter the City’s Landscape Manual,
which stipulates the landscaping theme for this stretch of El Camino Real. Allowed
theme trees of Sycamore and London Plane Tree, supported by Eucalyptus species
and Brisbane Box trees will be provided, in addition to the integration of Date Palm
Trees. This is proposed by the applicants as a way to promote the existing Scenic
Corridor landscaping criteria while combining the resort-type ambience that palm
trees provide.
The proposed project implements the goals and objectives of the General Plan in that the
proposal is consistent the Open Space and Conservation Element Objective B.6
which requires, where possible, “increased setbacks along arterial corridors and
establish greenways or similar areas to preserve and/or create open space areas as a
means of maintaining community scale and identity. ..”. By exceeding the minimum
building setback requirement of the El Camino Real Corridor Standards, in
combination with the proposed landscaping and architecture, this Objective of the
General Plan is satisfied.
The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Mitigated Negative Declaration, the
environmental impacts therein identified for this project and any comments
thereon prior to adoption the project; and
b. the Mitigated Negative Declaration has been prepared in accordance with
requirements of the California Environmental Quality Act, the State Guidelines
and the Environmental Protection Procedures of the City of Carlsbad; and
PC RES0 NO. 5705 -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
c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EIA Part I1 and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment
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 from this approval, shall require an amendment to this approval.
2.
3.
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; record a notice of violation on the
property title; institute and prosecute litigation to 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 El Camino Real Corridor
Special Use Permit.
Developer/Operator shall and does hereby agree to indernniQ, 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 SUP, (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 obligation survives until all legal proceedings have been
concluded and continues even if the City’s approval is not validated.
4. Developer shall submit to Planning Director a reproducible 24” x 36,” mylar copy of the
Site Plan reflecting the conditions approved by the final decision making body.
5. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 03-08/ZC 03-041MP 03-
02/MP 149S/CT 03-01/PUD 03-06 and SUP 03-06 and is subject to all conditions
contained in Planning Commission Resolutions No. 5697, 5698, 5699,5700,5701,5702,
5703 and 5704 for those other approvals incorporated herein by reference.
PC RES0 NO. 5705 -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
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedic tions,
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 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.
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:
/RANK H. WHITTON, Chairperson
CARISBAD PLANNING COMMISSION
ATTEST:
.
MICHAEL J. HOBMIJXER
Planning Director
PC RES0 NO. 5705 -4-