HomeMy WebLinkAbout2007-01-17; Planning Commission; Resolution 62361 PLANNING COMMISSION RESOLUTION NO. 6236
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING NON -
RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT
4 AMENDMENT PUD 03-06(A) FOR THE DEVELOPMENT OF
, A 38-UNIT COMMERCIAL DWELLING UNIT PROJECT
WITHIN PLANNING AREA 2 OF THE LA COSTA RESORT
6 AND SPA MASTER PLAN ON PROPERTY GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO
7 REAL AND ARENAL ROAD WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 6.
8 CASE NAME: LA COSTA RESORT VILLAS
9 CASE NO.: PUD03-06(A)
10 WHEREAS, KSL La Costa Resort Corporation, "Developer/Owner," has filed
11 a verified application with the City of Carlsbad regarding property described as
12 A portion of Section 35, Township 12 South, Range 4 West,
13 San Bernardino meridian, in the City of Carlsbad, County of
San Diego, State of California, according to the official plat
14 thereof, also identified as Lots 17 through 21, as shown by
Tentative Tract Map CT 03-01 for the La Costa Resort
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Non-Residential
18 Planned Unit Development Permit Amendment as shown on Exhibits "A" - "D" dated January
1 17, 2007, on file in the Planning Department, LA COSTA RESORT VILLAS - PUD 03-
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06(A), as provided by Chapter 21.47 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 17th day of January, 2007,
23 hold a 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
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
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relating to the Non-Residential Planned Unit Development Permit Amendment; and
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WHEREAS, on September 21, 2004, the City Council approved PUD 03-06, as
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described and conditioned in City Council Resolution No. 2004-304.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.4
B) That based on the evidence presented at the public hearing, the Commission
APPROVES LA COSTA RESORT VILLAS - PUD 03-06(A), based on the
following findings and subject to the following conditions:
Findings:
1. The adopted findings for PUD 03-06 which are contained in Planning Commission
Resolution No. 5703 apply to this amendment and are incorporated by this reference.
10 2. That the proposed amendment is minor in that the density of the project does not
change from the 38 Commercial Dwelling Units approved and that the project
11 boundaries do not change from the approved project.
12 3. That the proposed amendment is minor in that the proposed project does not
13 involve an addition of a new use or groups of uses not shown on the original permit.
Both projects are Commercial Dwelling Units projects with pool and spa amenities.
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4. That the proposed amendment is minor in that project does not propose the
rearrangement of uses within the development. The approved and proposed project
, , each consist of 38 Commercial Dwelling Units surrounding a courtyard with pool
and spa amenities within the same Planning Area of the La Costa Resort and Spa
17 development.
18 5. The Planning Director has determined that:
19 a. the project is a(n) project for which a Mitigated Negative Declaration was
20 previously adopted [15162].
21 b. this project is consistent with the project/plan cited above;
c. a Mitigated Negative Declaration was adopted in connection with the prior
2-3 project or plan;
24 d. the project has no new significant environmental effect not analyzed as significant
in the prior Mitigated Negative Declaration;
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e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Sections 15162 or 15163 exist.
27 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
28 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
PC RESO NO. 6236 -2-
to mitigate impacts caused by or reasonably related to the project, and the extent and the
2 degree of the exaction is in rough proportionality to the impact caused by the project.
3 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
r a Final Map or Building Permit Issuance, which occurs first.
6 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
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
9 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
10 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 Non-Residential Planned
Development Permit.
12 2. All conditions of approval imposed upon Conditional Use Permit PUD 03-06 as stated in
13 Planning Commission Resolution No. 5703 shall apply as conditions of approval for
PUD 03-06(A) and are incorporated by this reference with the addition of Condition
Number 3 and 4 below.
3. Approval is granted for PUD 03-06(A) as shown on Exhibits "A" - "D" dated January
16 17, 2007, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
17 conditions.
18 4. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
19 the Site Plan reflecting the conditions approved by the final decision-making body.
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PC RESO NO. 6236 -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
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
to timely
, void, or
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
zoning, grading, or other similar application processing or service fees in connection
planning,
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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
otherwise
planning
Commission of the City of Carlsbad, California, held on the 17th day of January, 2007, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioner Cardosa, Dominguez,
and Segall
NOES: Commissioner Whitton
ABSENT:
ABSTAIN: Commissioner Montgomery
KvO^v wA ^~~KJ*z?\*-^
JULte BACKER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
&U ' U
DON NEU
Assistant Planning Director
PC RESO NO. 6236 -4-
Douglas,