Loading...
HomeMy WebLinkAboutMP 03-02C; La Costa Resort & Spa Master Plan; Master Plan (MP)CITY OF ^CARLSBAD Planning Division www.carlsbadca.gov November 1, 2011 Charlie Martin LC Investment 2010, Inc 100 Fillmore Street, Suite 600 Denver CO 80206 SUBJECT: MP 03-02(C) - LA COSTA RESORT AND SPA MASTER PLAN MINOR AMENDMENT Request for approval of a Minor Master Plan Amendment to modify the provisions of the Sign Program to delete unconstructed signs and to add a directional entry monument sign located at 2100 El Camino Real, in the P-C Zone and Local Facilities Management Zone 6. The Planning Director has completed a review of your application for a Minor Master Plan Amendment Permit, MP 03-02(C) - LA COSTA RESORT AND SPA MASTER PLAN MINOR AMENDMENT, to modify the provisions of the Sign Program to delete unconstructed signs and to add a directional entry monument sign located at 2100 El Camino Real. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the findings required for granting a Minor Master Plan Amendment Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. The proposed development as described by Master Plan Amendment MP 03-02(C) is consistent with Land Use Element Commercial Development Objective B.3 of the General Plan to establish and maintain commercial (including tourist recreational) development standards to address signs to ensure that all existing and future developments are compatible with surrounding land uses. The revised Master Plan updates the sign provisions by eliminating signs that are not needed and adding a directional entry monument sign to direct patrons and service providers. The entry monument partially fulfills the Master Plan requirement to limit the use of Arena! Road as an access point to the La Costa Resort and Spa facility by directing patrons to use the main facility entry on Costa Del Mar Road. 2. The proposed Master Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City in that the sign provisions of the La Costa Resort and Spa Master Plan is a comprehensive sign program to regulate the number and placement of signs such that they are aesthetically pleasing and are placed to not impact the sight distance requirements for driving safety. 3. The proposed La Costa Resort and Spa Master Plan Minor Amendment project will be appropriate in area, location, and overall design to the purpose intended. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards established by this title in that the overall numbers and locations of signs do not increase from the existing sign program. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © MP 03-02(C) - LA COSTA RESORT AND SPA MASTER PLAN MINOR AMENDMENT November 1, 2011 Page 2 ; . 4. The proposed development qualifies as a minor administrative amendment pursuant to City Council Ordinance No. NS 810, approving the La Costa Resort and Spa Master Plan. 5. The project qualifies as a CEQA Guidelines Section 15061(b)(3), (General Rule Exemption) and the Title 19 General Rule Exemption. The proposed amendments to the La Costa Resort and Spa Master Plan sign program do not result in any changes in the Commercial Tourist land use or density (intensity) of development within the master plan area. The project is exempt from further environmental documentation pursuant to Section 15061(b)(3) of the State CEQA guidelines. Conditions: 1. Approval is granted for MP 03-02(C) - LA COSTA RESORT AND SPA MASTER PLAN MINOR AMENDMENT as shown on Exhibit "A" dated October 31, 2011 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 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 or a successor in interest by the City's approval of this Master Plan Minor Amendment. 3. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the MP 03-02(C) documents, as necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 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 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 Master Plan Minor Amendment (MP 03-02{C)), (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 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. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. MP 03-02(C) - LA COSTA RESORT AND SPA MASTER PLAN MINOR AMENDMENT November 1, 2011 Page 3 6. This project shall comply with all conditions and mitigation measures, which are required as part of Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Code Reminders: 7. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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 the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00 plus noticing fees. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Van Lynch at (760) 602-4613. Sincerely, Ow\ r \8AA DON NEU, AICP Planning Director DN:VL:bd Forrest K. Haag, 1254 N. Coast Highway, Laguna Beach, CA 92651 Doug Yvanian, La Costa Resort and Spa, 2100 Costa Del Mar Rd, Carlsbad, CA 92009 Chris DeCerbo, Principal Planner File Copy Data Entry