HomeMy WebLinkAbout2005-11-02; Planning Commission; Resolution 59781
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PLANNING COMMISSION RESOLUTION NO. 5978
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE AND
OPEN SPACE AND CONSERVATION ELEMENTS TO
CHANGE THE GENERAL PLAN LAND USE DESIGNATION
FROM RESIDENTIAL LOW MEDIUM TO OFFICE AND
OPEN SPACE ON PROPERTY GENERALLY LOCATED ON
THE NORTHEAST CORNER OF EL CAMINO REAL AND
CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 10.
CASE NAME: CASSIA PROFESSIONAL OFFICES
CASE NO: GPA 05-03
WHEREAS, Franz-Yut El Camino, A Limited Liability Company, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Bressi Daughters’
Trust U/D/T dated November 22,2000, “Owner,” described as
A portion of parcel 2 of Parcel Map 1188, recorded December
20, 1972, as File No. 340344, being a portion of fractional
Section 23, Township 12 South, Range 4 West, San Bernardino
Meridian, being within the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibits “GPA 05-03” dated November 2,2005, attached hereto and
on file in the Carlsbad Planning Department CASSIA PROFESSIONAL OFFICES - GPA 05-
03 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of November 2005,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
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Commissio
A)
B)
Findinm:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
of the City of Carlsbad, as follows:
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
GPA 05-03, based on the following findings:
RECOMMENDS APPROVAL of CASSIA PROFESSIONAL OFFICES -
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 report dated November 2,2005 including, but not limited to the following:
a.
b.
C.
Land Use: The redesignation of 3.31 acres from the RLM to the Office and Open
Space designation is for the purpose of developing a professional office complex.
The proposed Office and Open Space land use designations would be compatible
with adjacent open space and Residential High density land uses.
Open Space: - 1.58 acres will be redesignated to Open Space and preserved and
maintained as a habitat preserve area in accordance with the City’s Habitat
Management Plan.
Circulation: The dedication of an additional 18 feet of public right-of-way across
the western project boundary to the eastern project boundary will enable the
roadway widening of a General Plan Circulation Element prime arterial
roadway (El Camino Real) to the ultimate l26-foot width.
2, 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
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
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
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 General Plan Amendment.
PC RES0 NO. 5978 -2-
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2.
3.
4.
5.
6.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the General Plan Amendment documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
Developer/Operator shall and does hereby agree to indemnifl, 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 General Plan Amendment,
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, 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.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, ZC 05-01, LFMP 87-10(A),
HMPP 05-06, CT 05-06, PUD 05-04, SDP 05-03, CUP 05-01, HDP 05-02 and SUP
05-01 and is subject to all conditions contained in Planning Commission Resolutions No.
5977, 5979, 5980, 5981, 5982, 5983, 5984, 5985, 5986 and 5987 for those other
approvals.
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 feedexactions. 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.
PC RES0 NO. 5978 -3 -
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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 feedexactions 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 2nd day of November 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN: a- JEFFRE
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5978 -4-
GENERAL PLAN MAP CHANGE
G.P. Map Designation Change
Property From: To:
A. 21 5-020-26-00 RLM o/os
B.
C.
D.
Attach additional pages if necessary
EXISTING
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature:
PROP0 SED
GPA: 05-03
draft finat
November 2,2005
Project Name: Cassia Professional Office Related Case File No(s): ZC 05-01/LFMP87-10NCT 05- I OGIPUD 05-04/SDP 05-031CUP 05-011HDP 05-021SUP 05