HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 60781
PLANNING COMMISSION RESOLUTION NO. 6078
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
4 APPROVAL OF A MASTER PLAN AMENDMENT TO
MODIFY THE BOUNDARIES OF THE MASTER PLAN AND
5 APPROVE LAND USE AND ZONING MAP CHANGES TO
THE LA COSTA RESORT AND SPA MASTER PLAN FOR
6 PROPERTY GENERALLY LOCATED EAST OF EL CAMINO
REAL BETWEEN ALGA ROAD AND LA COSTA AVENUE IN
7 LOCAL FACILITIES MANAGEMENT ZONE 6.
g CASE NAME: LA COSTA RESORT LOT LINE
ADJUSTMENT
9 CASE NO: MP 03-02CA)
10 WHEREAS, KSL La Costa Resort Company LLC, "Developer/Owner," has
filed a verified application with the City of Carlsbad regarding property described as
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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
15 2005-0224598
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Master Plan
I O
Amendment as shown on Exhibit "X" dated May 17, 2006, on file in the Carlsbad Planning
19 Department LA COSTA RESORT LOT LINE ADJUSTMENT - MP 03-02(A) as provided
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by MP 03-02 and Chapter 21.38 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 17th day of May 2006,
23 consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
95*• J and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the Master Plan Amendment; and
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WHEREAS, on September 21, 2004, the City Council approved, MP 03-02, as
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described and conditioned in Planning Commission Resolution No. 5700 and City Council
Resolution No. 2004-304.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LA COSTA RESORT LOT LINE
6 ADJUSTMENT - MP 03-02(A) based on the following findings and subject to
the following conditions:
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Findings;
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
10 report dated May 17, 2006, including, but not limited to the following: The
redesignation of "finger" lands from Open Space to Residential Low-Medium is for
the implementation of 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 conveyance of the "finger" lands to the adjacent RLM designated properties.
13 The Land Use Amendment from Residential Medium-High (RMH) to RLM is for
Land Use and Zoning consistency, as the underlying Zoning designation is
14 Residential Single-Family and the adjacent properties are designated and developed
as residential single-family. The Land Use Amendment 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. Property
will be redesignated from Open Space to RLM. The property is not identified as a
17 preserve area in the City's Habitat Management Plan. Previous to the latest Master
Plan Amendment the subject property was designated as RLM, and this proposal is
18 to redesignate the property RLM to allow for the conveyance of the property to the
adjacent residentially designated properties.
20 2. That all necessary public facilities can be provided concurrent with need and adequate
provisions have been provided to implement those portions of the Capital Improvement
21 Program applicable to the subject property, in that all existing public facilities are in
place and no new development is proposed which would require additional facilities.
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3. That the residential and open space portions of the community will constitute an
environment of sustained desirability and stability, and that it will be in harmony with or
24 provide compatible variety to the character of the surrounding area, and that the sites
proposed for public facilities, such as schools, playgrounds, and parks, are adequate to
25 serve the anticipated population and appear acceptable to the public authorities having
jurisdiction thereof, in that the open space portions of the project are so desired by the
" residents that they have illegally developed the property and now wish to receive
27 ownership of the property from KSL to sustain the quality of life they have become
accustomed to. The open space area is being conveyed to the adjacent residential
28 properties and will no longer be a part of the La Costa Resort and Spa Master Plan.
PC RESO NO. 6078 -2-
4. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions;
If any of the following conditions fail to occur, or if they are, by their terms, to be
6 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
7 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
10 or a successor in interest by the City's approval of this Master Plan Amendment.
11 2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Master Plan document(s) necessary to make them internally
consistent and in conformity with final action on the project. Development shall occur
13 substantially as shown in the approved Exhibits. Any proposed development different
from this approval shall require an amendment to this approval.
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3. 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
17 or indirectly, from (a) City's approval and issuance of this Master Plan Amendment,
(b) City's approval or issuance of any permit or action, whether discretionary or
18 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 liabilities arising from the emission by the
20 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
21 approval is not validated.
22 4. This approval is granted subject to the adoption of the Negative Declaration and
approval of GPA 05-09, ZC 05-06, and adjustment plats and is subject to all
conditions contained in Planning Commission Resolutions No. 6075, 6076, and 6077 for
24 those other approvals.
25 5. Prior to the issuance of any permits for the project, the applicant shall submit to the
Planning Director a digital copy and a camera-ready master copy of the La Costa
26 Resort and Spa Master Plan [MP 03-02(A)], in addition to five (5) bound copies.
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PC RESO NO. 6078 -3-
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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 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 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 17th day of May 2006, by the
following vote, to wit:
AYES:
NOES:
Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton
ABSENT: Chairperson Montgomery and Commissioner Heineman
ABSTAIN:
MARTELL B. MONTGOMERY,
CARLSBAD PLANNING COMMI
ATTEST:
arson
ION
DON NEU
Assistant Planning Director
PC RESO NO. 6078 -4-
Exhibit "X"
May 17, 2006
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE LA COSTA
3 RESORT AND SPA MASTER PLAN AMENDMENT TO MODIFY
THE BOUNDARIES OF THE MASTER PLAN AND APPROVE
4 LAND USE AND ZONING MAP CHANGES TO THE LA COSTA
MASTER PLAN ON LANDS GENERALLY LOCATED EAST OF
5 EL CAMINO REAL BETWEEN ALGA ROAD AND LA COSTA
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6.
6 CASE NAME: LA COSTA RESORT LOT LINE ADJUSTMENT
CASE NO.: MP 03-02(A)
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WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and
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considered a Master Plan to guide the operations, special events and development of
commercial dwelling units for properties within the La Costa Resort and Spa so that they can be
regulated by proposed Master Plan MP 03-02(A); and
WHEREAS, the City Council did on the day of ,
2006, hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Master Plan Amendment14
consistent with Chapter 21.38 of the municipal code as shown on Exhibit "MP 03-02(A)",
incorporated herein by reference.16
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
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SECTION I: That Master Plan MP 03-02(A), on file in the Planning Department,
and incorporated herein by reference, is adopted. The La Costa Resort and Spa Master Plan
21 (MP 03-02(A)) shall constitute the development plan for the property and all development within
22 the plan area shall conform to the plan.
23 SECTION II: That the findings and conditions of the Planning Commission in
24 Planning Commission Resolution No. 6078 shall also constitute the findings and conditions of
25 the City Council.
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1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
3 published at least once in a publication of general circulation in the City of Carlsbad within
4 fifteen days after its adoption.
5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
6 Council on the day of 2006, and thereafter.
7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
8 Carlsbad on the day of 2006, by the following vote, to wit:
9 AYES:
10 NOES:
ABSENT:
12 ABSTAIN:
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14 APPROVED AS TO FORM AND LEGALITY
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16 RONALD R. BALL, City Attorney
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j CLAUDE A. LEWIS, Mayor
20 ATTEST:
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22 LORRAINE M. WOOD, City Clerk
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24 (SEAL)
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