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Home My WebLink About2006-05-17; Planning Commission; Resolution 60761 PLANNING COMMISSION RESOLUTION NO. 6076 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE AND 4 OPEN SPACE AND CONSERVATION ELEMENTS OF THE , GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION ON MULTIPLE PROPERTIES FROM OPEN 6 SPACE (OS) AND RESIDENTIAL MEDIUM-HIGH (RMH) TO RESIDENTIAL LOW-MEDIUM (RLM) AND TRAVEL 7 RECREATION/COMMERCIAL (TR) ON LANDS GENERALLY LOCATED EAST OF EL CAMINO REAL 8 BETWEEN ALGA ROAD AND LA COSTA AVENUE IN 9 LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RESORT LOT LINE 10 ADJUSTMENT CASE NO: GPA 05-09 11 WHEREAS, KSL La Costa Resort Company LLC, "Developer/Owner," has 13 filed a verified application with the City of Carlsbad regarding property described as 14 Lots 1, 25, 26, and 27 of Carlsbad Tract Map CT 03-01-01, in the City of Carlsbad, County of San Diego, State of California, 15 according to map thereof No. 14984, filed in the Office of the I r County Recorder of San Diego, March 18,2005, as file number 2005-0224598 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a General Plan 20 Amendment as shown on Exhibit "GPA 05-09" dated May 17, 2006, attached hereto and on file 21 in the Carlsbad Planning Department LA COSTA RESORT LOT LINE ADJUSTMENT - 22 GPA 05-09 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of 23 the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on the 17th day of May 2006, hold a 25 duly noticed public hearing as prescribed by law to consider said request; and26 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad, as follows: 3 A) That the above recitations are true and correct. 4 , B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA RESORT LOT LINE 6 ADJUSTMENT - GPA 05-09 based on the following findings: 7 Findings; 8 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated May 17,2006, including, but not limited to the following: 10 a. Land Use: The redesignation of land from Open Space to Residential Low- 11 Medium (RLM) is necessary to implement the La Costa Resort and Spa Master Plan (MP 03-02). The "finger" lands were previously designated as RLM and this amendment would allow the transfer of the "finger" lands to the adjacent I-, RLM Land Use designated properties. The Land Use amendment from Residential Medium-High (RMH) to RLM is for Land Use and Zoning 14 consistency, as the underlying zoning is Residential Single Family and the adjacent properties are designated and developed as residential single family. 15 The Land Use change from OS to TR is for a small portion of land adjacent to existing lands within the La Costa Resort and Spa Master Plan (MP 03-02) designated TR and Zoned Planned Community. b. Open Space: - Property will be redesignated from Open Space to RLM. The lg property is not identified as a preserve area in the City's Habitat Management Plan. Previous to the latest Master Plan Amendment the subject property was 19 designated as RLM and this proposal is to redesignate the property RLM to allow for the conveyance of the property to the adjacent residentially designated properties. 21 2. The Planning Commission has reviewed each of the exactions imposed on the Developer 22 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 23 degree of the exaction is in rough proportionality to the impact caused by the project. O A Conditions; 25 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 26 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 27 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 2° 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 PC RESO NO. 6076 -2- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this General Plan Amendment. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment 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. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. o 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 10 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 [ 1 with all requirements of law. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 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 General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or ,,- nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 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 18 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 20 6. This approval is granted subject to the adoption of the Negative Declaration and approval of ZC 05-06, MP 03-02(A) and adjustment plats, and is subject to all 21 conditions contained in Planning Commission Resolutions No. 6075, 6077, and 6078 for those other approvals. 22 23 24 25 26 27 28 PC RESO NO. 6076 -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, California, held on the 17th day of May 2006, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: MARTEBlfB. MONTGOMERY, CARLSBAD PLANNING COMMfifiON ATTEST: •r/\ DONNEU Assistant Planning Director PC RESO NO. 6076 -4- GPA 05-09 LA COSTA RESORT LOT LINE ADJUSTMENT May 17.2006 EXISTING Draft Related Case File Nofs}: ZC 05-06 /MP 02-03(A) G.P. Map Desic Property A. 2 15-1 60-0 1-00 B. 215-160-02-00 C. 21 5-1 60-03-00 D.216-593-01-00 E. 2 16-593-02-00 F. 216-593-03-00 G. 21 6-593-04-00 From: RMH RMH RMH OS (portion) OS OS OS nation Change To: RLM RLM RLM OS/RLM (portion) OS/RLM/RMH/T-R (portion) OS/RLM (portion) OS/RLM (portion) GPA 05-09 LA COSTA RESORT LOT LINE ADJUSTMENT May 17.2006 PROPOSED Draft Related Case File No(s): ZC 05-06 /MP 02-03(A) G.P. Map Designation Change Property A. 215-160-01-00 B. 21 5-1 60-02-00 C.215-160-03-00 D. 21 6-593-01 -00 E. 2 16-593-02-00 F. 216-593-03-00 G.216-593-04-00 From: RMH RMH RMH OS (portion) OS OS OS To: RLM RLM RLM OS/RLM (portion) OS/RLM/RMH/T-R (portion) OS/RLM (portion) OS/RLM (portion)