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Home My WebLink About2006-05-17; Planning Commission; Resolution 60771 PLANNING COMMISSION RESOLUTION NO. 6077 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE TO CHANGE THE 4 ZONING DESIGNATION ON MULTIPLE PROPERTIES FROM PLANNED COMMUNITY TO RESIDENTIAL SINGLE- FAMILY, 7,500-SQUARE-FOOT LOT SIZE MINIMUM, ON 6 LANDS GENERALLY LOCATED EAST OF EL CAMINO REAL BETWEEN ALGA ROAD AND LA COSTA AVENUE IN 7 LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RESORT LOT LINE8 9 ADJUSTMENT CASE NO: ZC 05-06 10 WHEREAS, KSL La Costa Resort Company LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as 12 Lots 1, 25, 26, and 27 of Carlsbad Tract Map CT 03-01-01, in 13 the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14984, filed in the Office of the 14 County Recorder of San Diego, March 18,2005, as file number 2005-022459815 16 ("the Property"); and 17 WHEREAS, said application constitutes a request for a Zone Change as shown on 18 Exhibit "ZC 05-06" dated May 17, 2006, attached hereto and on file in the Planning 19 Department, LA COSTA RESORT LOT LINE ADJUSTMENT - ZC 05-06 as provided by 20 Chapter 21.52 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did on the 17th day of May 2006, hold a 22 _- duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of LA COSTA RESORT LOT LINE ADJUSTMENT - ZC 05-06 based on the following findings and subject to the 3 following conditions: 4 Findings; 1. That the proposed Zone Change from Planned Community to Residential Single- 6 Family, 7,500-square-foot lot size minimum is consistent with the goals and policies of the various elements of the General Plan, in that the Zone Change to R-1-7,500 is 7 consistent with the proposed General Plan Residential Low-Medium Land Use designation to allow for the conveyance of land pursuant to the La Costa Master 8 Plan. 9 2. That the Zone Change will provide consistency between the General Plan and Zoning as 10 mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the lands which are receiving the conveyed lands are zoned 11 R-1-7,500, consistent with the Land Use designation of RLM and the La Costa Resort and Spa Master Plan (MP 03-02). 13 3. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that the Zone Change allows 14 the lands to be conveyed to adjacent properties consistent with the implementation of the La Costa Resort and Spa Master Plan (MP 03-02). 15 , g 4. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 17 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 18 Conditions; 2Q 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 21 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 22 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 24 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 Zone Change. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2" and modifications to the Zone Change documents, as necessary to make them internally 27 consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development 28 different from this approval shall require an amendment to this approval. PC RESO NO. 6077 -2- 3. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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. 4. 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 7 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 Zone Change, (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, including without limitation, any and all 10 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. 12 5. This approval is granted subject to the adoption of the Negative Declaration and 13 approval of GPA 05-09, MP 03-02(A) and adjustment plats, and is subject to all conditions contained in Planning Commission Resolutions No. 6075, 6076, and 6078 for 14 those other approvals. 6. Developer shall provide the following note on the adjustment plats and final mylar of this , fi development submitted to the City: 17 "There shall be no further subdivision of land beyond the original number of lots approved by La Costa Valley Unit No. 1, Map No. 5434." 18 19 NOTICE 20 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." 22 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 23 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 24 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. 96 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 27 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 28 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. PCRESONO. 6077 -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 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: MARTELL B. MONTG^MfcKY, CMrperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RESO NO. 6077 -4- Exhibit "ZC 05-06" May 17, 2006 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 05-06, TO 4 CHANGE THE ZONING DESIGNATION ON MULTIPLE PROPERTIES FROM PLANNED COMMUNITY TO 5 RESIDENTIAL SINGLE-FAMILY, 7,500 SQUARE FOOT LOT SIZE MINIMUM ON LANDS GENERALLY LOCATED EAST OF 6 EL CAMINO REAL BETWEEN ALGA ROAD AND LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6. 7 CASE NAME: LA COSTA RESORT LOT LINE ADJUSTMENT CASE NO.: ZC 05-068 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 zoning map, is amended as shown on the map marked Exhibit "ZC 05-06," dated May 17, 2006, 2006 attached hereto and made a part hereof. 13 set forth in Planning Commission Resolution No. 6077 constitute the findings and conditions of SECTION II: That the findings and conditions of the Planning Commission as 14 the City Council. 16 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 18 published at least once in a newspaper of general circulation within fifteen days after its 19 adoption. 20 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 21 Council held on the day of , 2006, and thereafter. 22" 23 24 25 26 27 28 1 PASSED AND ADOPTED at a regular meeting of said City Council held on the 2 day of , 2006, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 APPROVED AS TO FORM AND LEGALITY o 9 1Q RONALD R. BALL, City Attorney 11 12 CLAUDE A. LEWIS, Mayor 13 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 -2- ZC 05-06 LA COSTA RESORT LOT LINE ADJUSTMENT EXISTING Draft Related Case File A/oft): GPA 05-09/MP 02-03(A) G.R Map Desig Property A. 21 6-593-01 -00 B. 2 16-593-02-00 C.21 6-593-03-00 D.21 6-593-04-00 From: PC PC PC PC nation Change To: PC/R-1 -7,500 (portion) PC/R-1 -7,500 (portion) R-1 -7,500 (Portion) R-1 -7,500 (Portion) ZC 05-06 LA COSTA RESORT LOT LINE ADJUSTMENT May 17. 2006 PROPOSED Draft Related Case File Nofs): GPA 05-09/MP 02-03(A) G.P. Map Desig Property A.216-593-01-00 B. 21 6-593-02-00 C.2 16-593-03-00 D.2 16-593-04-00 From: PC PC PC PC nation Change To: PC/R-1 -7,500 (portion) PC/R-1 -7,500 (portion) R-1 -7,500 (Portion) R-1 -7,500 (Portion)