HomeMy WebLinkAbout2005-11-02; Planning Commission; Resolution 59791
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PLANNING COMMISSION RESOLUTION NO. 5979
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
CONTROL 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: ZC 05-01
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 application constitutes a request for a Zone Change as shown on
Exhibit “ZC 05-01” dated November 2, 2005, attached hereto and on file in the Planning
Department, CASSIA PROFESSIONAL OFFICES - ZC 05-01 as provided by Chapter 21.52
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 Zone Change.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
ZC 05-01 based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of CASSIA PROFESSIONAL OFFICES -
1. That the proposed Zone Change from Limited Control to Office and Open Space is
consistent with the goals and policies of the various elements of the General Plan, in that
the proposed Office designation would be compatible with surrounding uses of
Residential High density to the south and Open Space to the north and east. An
Office land use would have less impacts associated with roadway noise from El
Camino Real than a Residential land use. The site is topographically suitable for
the development of Office type uses, as the developable portion is relatively flat.
The proposed Office land use designation would not result in any unavoidable
adverse impacts to the area and the zone change to OS is applicable to the 1.58
HMP habitat preserve area designated as Open Space.
2. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the Office zone is intended to implement the Office land use
designation and the Open Space zone is intended to implement the Open Space land
use designation.
3. That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that the proposed location is
necessary and desirable to provide medical and vetrinarian services to the
community, which will contribute to the well being of people and cats in the
community. The proposed uses will not be detrimental to the health, safety, or
welfare of persons working or living in the vicinity, or injurious to property or
improvements in the vicinity in that adequate separation of uses is proposed.
4. 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 Zone Change.
PC RES0 NO. 5979 -2-
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Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Zone Change 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 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 Zone Change, (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, GPA 05-03, 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, 5978, 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 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.
PC RES0 NO. 5979 -3-
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You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
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, 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:
3 JEFFRE N. SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST: L%
DON NEU
Assistant Planning Director
PC RES0 NO. 5979 -4-
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
FROM LIMITED CONTROL 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
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 05-01,
CASE NO.: ZC 05-01
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked Exhibit “ZC 05-01 ,” dated November 2,
2005 attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as
set forth in Planning Commission Resolution No. 5979 constitute the findings and conditions of
the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of ,2005, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held on the
, 2005, by the following vote, to wit: day of
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
PROPERTY ZONE CHANGE
Project Name: Cassia Professional Office
II I
PROPOSED
Related Case File No(s): GPA 05-03/LFMP87-10A /CT 05-
OG/PUD 05-04/SDP 05-O3/CUP 05-01/HDP 05-02/SUP 05-
OIIHMPP 05-06
ZC: 05-01
Property:
A. 21 5-020-26-00
6.
C.
D.
draft final 0
November 2,2005
From: To: Council Approval Date:
Limited Control OlOS Ordinance No:
Effective Date:
Signature: