The Papagayo Arena hotel is also not legalizable. This has been indicated by the Yaiza City Council, which has already notified the property of the establishment of the resolution of the Governing Board that reports "unfavorably" to the hotel's legalization project, because "it contravenes the General Urban Planning Plan in force." The property now has one month to register a project "in which all the technical measures to be executed are presented in detail, including partial demolition if necessary." For its "adaptation to urban planning" it gives a total period of two months.
Given that the municipal report concludes that the buildings in the "documentation presented do not conform to what is permitted by the General Plan", the hotel must provide the project to adapt the existing reality, "since it does not contemplate any measure that addresses the occupation with the building of the pedestrian paths of access to the coast reflected in the detailed planning plans".
The Consistory continues explaining that "the project presented in May 2015, together with the application for a major construction license for the adaptation of the accesses to the sea from the east and west roundabouts, according to the Coastal Law of the Las Coloradas Partial Plan, contemplates the modification of the urban planning provided for in the Yaiza General Plan, and the modification of the planning cannot be processed as a urban license."
In addition, it explains that the municipal technical report indicates that "since the legalization project does not remedy the occupation of the public pedestrian paths of access to the coast, it is not appropriate to carry out an analysis of compliance with urban parameters, such as buildability, occupation, setbacks and heights, given that the adaptation of the building to the planning with respect to that point could imply the substantial modification of the whole of the hotel and alteration of all the urban parameters of the project".
Therefore, the City Council "orders Mercantil Papagayo Arena to adapt and accommodate the building to urban planning, within a period of two months from the notification of the Governing Board agreement." In this sense, the Consistory points out that the property has been required to "register the project within a period of one month in which all the technical measures to be executed are presented in detail, including partial demolition if necessary, in order to adjust the building to the municipal planning".
