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HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 60781 PLANNING COMMISSION RESOLUTION NO. 6078 2 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 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 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 20 by MP 03-02 and Chapter 21.38 of the Carlsbad Municipal Code; and 21 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 27 WHEREAS, on September 21, 2004, the City Council approved, MP 03-02, as 28 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: 3 A) That the foregoing 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 - MP 03-02(A) based on the following findings and subject to the following conditions: 7 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. 22 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. 14 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. 27 28 PC RESO NO. 6078 -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, 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) 7 WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and 8 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: lo 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. 26 »' 27 "' os ///Lo 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: 13 14 APPROVED AS TO FORM AND LEGALITY 15 16 RONALD R. BALL, City Attorney 17 18 ii j CLAUDE A. LEWIS, Mayor 20 ATTEST: 21 22 LORRAINE M. WOOD, City Clerk 23" 24 (SEAL) 25 26 27 28 -2-