HomeMy WebLinkAbout2008-10-01; Planning Commission; Resolution 64871
PLANNING COMMISSION RESOLUTION NO. 6487
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MASTER PLAN AMENDMENT TO
ELIMINATE REFERENCE TO PROJECT PHASING AND TO
5 TRANSFER 21 COMMERCIAL DWELLING UNITS FROM
PLANNING AREA 1 TO PLANNING AREA 3 AND ONE
6 COMMERCIAL DWELLING UNIT FROM PLANNING AREA
4 TO PLANNING AREA 1 WITHIN THE LA COSTA RESORT
7 AND SPA MASTER PLAN GENERALLY LOCATED EAST OF
g EL CAMINO REAL AND BETWEEN LA COSTA AVENUE
AND ALGA ROAD WITHIN LOCAL FACILITIES
9 MANAGEMENT ZONE 6.
CASE NAME: LA COSTA RESORT PA 1
10 CASE NO: MP 03-02(6)
11 WHEREAS, W2007 La Costa I LLC, "Developer" and "Owner" has filed a
12 verified application with the City of Carlsbad regarding property described as
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All lots of Carlsbad Tract Map CT 03-01-01 and 03-01-02, in
14 the City of Carlsbad, County of San Diego, State of California,
,, according to map thereof No. 14984, filed in the Office of the
County Recorder of San Diego, March 18, 2005, as file number
16 2005-0224598 and 15108, filed September 19, 2005 as file
number 2005-0806928
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("the Property"); and18
j9 WHEREAS, said verified application constitutes a request for a Master Plan
20 Amendment as shown on Exhibit "X" dated October 1, 2008, on file in the Carlsbad Planning
21 Department, LA COSTA RESORT PA 1 - MP 03-02(B), as provided by MP 03-02(A) and
22 Chapter 21.38 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on October 1, 2008, consider said
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request; and25
2g WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
28 relating to the Master Plan Amendment.
1 WHEREAS, on September 21, 2004, the City Council approved, MP 03-02, as described
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and conditioned in Planning Commission Resolution No. 5700 and City Council Resolution No.
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2004-304; and amended MP 03-02 most recently on January 17, 2007 as described and4
<- conditioned in Planning Commission Resolution No. 6236.
6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
7 Commission of the City of Carlsbad as follows:
o A) That the foregoing recitations are true and correct.
9 B) That based on the evidence presented at the public hearing, the Commission
10 RECOMMENDS APPROVAL of LA COSTA RESORT PA 1 - MP 03-02(B)
based on the following findings and subject to the following conditions:
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Findings:
13 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
14 report dated October 1, 2008 including, but not limited to the following: Land Use
Element policies C.10 and C.13 encourage tourist-destination developments where
15 appropriate and requires non-residential projects to be monitored for parking
, x- adequacy, which is already incorporated into the La Costa Resort and Spa Master
Plan text.
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2. That all necessary public facilities can be provided concurrent with need, and adequate
18 provisions have been provided to implement those portions of the Capital Improvement
Program applicable to the subject property, in that all existing public facilities are in
place and no new development is proposed as 21 Commercial Dwelling Units are
2Q being moved from Planning Area 1 to Planning Area 3 and one (1) Commercial
Dwelling Unit from Planning Are 4 to Planning Area 1 within the Master Plan area
21 and the overall unit count does not change.
22 3. 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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
24 degree of the exaction is in rough proportionality to the impact caused by the project.
25 Conditions;
^) f\1. Staff is authorized and directed to make, or require Developer to make, all corrections
27 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
28 substantially as shown in the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
PC RESO NO. 6487 -2-
2. The La Costa Master Plan shall be revised as follows:
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a. Revise Section 2.6.1 of the La Costa Resort Master Plan to add:
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Provide for a vehicular circulation plan for service vehicles and tour bus
routes that will minimize impact to Arenal Lane. The La Costa Resort shall
<- coordinate with service venders and service providers to follow the approved
circulation plan.
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b. Revise Section 4.8.a to:
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La Costa Campus Facility and Minor Directional Signs - as shown on page
4.11, a maximum of i 5 per driveway opening for a total of twelve fifteen site-
wide.
10 c. Revise Section 4.8.b. to:
La Costa Campus Facility and Minor Directional Signs - all locations are
delineated as shown on page 4.11. Signs shall be placed as to aid in directing
or to prohibit service vendors and service providers.
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d. Revise Section 4.8.e. to:
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La Costa Campus Facility and Minor Directional Signs - Permanent copy
restricted to facility or directional identification only e.g. "La Costa Resort
,,. and Spa Fitness Club," "Service Vehicle Entrance," "No deliveries - Service
entry at Main entrance," "Tour bus entry" or similar text.
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Prior to the issuance of any permits for the project, the applicant shall submit to the
18 Planning Director a digital copy and a camera-ready master copy of the LA COSTA
RESORT AND SPA MASTER PLAN, in addition to 5 bound copies.
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PC RESO NO. 6487 -3-
1 NOTICE
2
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
A "fees/exactions."
5 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
6 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on October 1, 2008, by the following vote,
15 to wit:
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AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, and
Chairperson Whitton
18 NOES:
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ABSENT: Commissioners Douglas and Montgomery
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ABSTAIN:21
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23 /FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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27 DON NEU
Planning Director
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PC RESO NO. 6487 -4-
Exhibit "X"
October 1, 2008
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
ELIMINATE REFERENCES TO PROJECT PHASING AND TO
4 TRANSFER 22 COMMERCIAL DWELLING UNITS FROM
PLANNING AREA 1 TO PLANNING AREA 3 WITHIN THE LA
5 COSTA MASTER PLAN ON LANDS GENERALLY LOCATED
EAST OF EL CAMINO REAL BETWEEN ALGA ROAD AND LA
6 COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE
6.
7 CASE NAME: LA COSTA RESORT PA 1
CASE NO.: MP 03-02(6) .
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WHEREAS, the City Council of the City of Carlsbad, California, has reviewed
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and considered a Master Plan to guide the operations, special events and development of
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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(6); and
WHEREAS, the City Council did on the day of ,
2008, 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 Amendment
consistent with Chapter 21.38 of the municipal code as shown on Exhibit "MP 03-02(8)",16
incorporated herein by reference.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
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ordain as follows:
20 SECTION I: That Master Plan MP 03-02(6), on file in the Planning Department,
71 and incorporated herein by reference, is adopted. The La Costa Resort and Spa Master Plan
~2 (MP 03-02(6)) shall constitute the development plan for the property and all development
23 within the plan area shall conform to the plan.
24 SECTION II: That the findings and conditions of the Planning Commission in
25 Planning Commission Resolution No. 6487 shall also constitute the findings and conditions of
26 the City Council.
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Exhibit "X"
October 1, 2008
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 2008, and thereafter.
7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
8 Carlsbad on the day of 2008, 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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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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