HomeMy WebLinkAbout2006-07-19; Planning Commission; Resolution 61261 PLANNING COMMISSION RESOLUTION NO. 6126
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
4 ELEMENT OF THE GENERAL PLAN TO CHANGE THE
s LAND USE DESIGNATION FROM PLANNED INDUSTRIAL
TO OFFICE ON PROPERTY GENERALLY LOCATED ON
6 THE EAST SIDE OF EL CAMINO REAL BETWEEN TOWN
GARDEN LANE AND CAMINO VIDA ROBLE IN LOCAL
7 FACILITIES MANAGEMENT ZONE 10.
CASE NAME: CARLTAS MEDICAL OFFICE MPA/GPA
8 CASE NO.: GPA05-15
9 WHEREAS, Carltas Company, "Developer," has filed a verified application
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with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, "Owner," described as
13 Lot 1 of Carlsbad Tract 99-03, in the City of Carlsbad, County
of San Diego, State of California, according to the map thereof
14 No. 14543, filed in the office of the County Recorder
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a General Plan
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Amendment as shown on Exhibit "GPA 05-15" dated July 19,2006, attached hereto and on file
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in the Carlsbad Planning Department CARLTAS MEDICAL OFFICE MPA/GPA -
20 GPA 05-15 as provided in Government Code Section 65350 et seq. and Section 21.52.160 of the
21 Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 19th day of July 2006, hold a
23 duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors26
27 relating to the General Plan Amendment.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of CARLTAS MEDICAL OFFICE
MPA/GPA - GPA 05-15, based on the following findings:4
c Findings:
6 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
7 the staff report dated July 19,2006, including, but not limited to the following:
8 Land Use: The Land Use redesignation of 7.68 acres from Planned Industrial
(PI) to Office is for the purpose of developing a professional medical office
complex. The proposed Office Land Use designation would be compatible with
10 adjacent Planned Industrial, Community Facility, and Open Space Land Uses.
11 Land Use: The project is not adjacent to the McClellan-Palomar Airport; is
not subject to the height limitations in the McClellan-Palomar Airport Land
12 Use Compatibility Plan (ALUCP); is located outside the 60 dB CNEL noise
contour; is outside the Runway Protection Zone; and has been determined to
be consistent, as conditioned, with the McClellan-Palomar Airport ALUCP by
14 the San Diego County Regional Airport Authority on March 6,2006.
15 Circulation: The change of Land Use to Medical Office increases the traffic
generation over the master plan levels by 2,678 ADT. This increase was
16 analyzed by Linscott Law & Greenspan in their letter report dated
December 30, 2005. Their analysis showed that for "Year 2020 With Project,"
7 the El Camino Real/Town Garden Lane intersection still operated at Level of
1 o Service (LOS) D or better. Therefore, the proposed changes would not result
in any new significant project traffic impacts over those analyzed and
19 mitigated in the Villages of La Costa and Bressi Ranch EIRs.
20 Open Space and Conservation: The proposed project maintains adequate
buffers from native habitat areas and is consistent with the adopted Habitat
21 Conservation Plan for the Villages of La Costa Master Plan.
97 2. The Planning Commission has reviewed each of the exactions imposed on the Developer
23 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;
2" 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
27 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
28 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
PCRESONO. 6126 -2-
property title; institute and prosecute litigation to compel their compliance with said
2 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.
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2. 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
6 development different from this approval shall require an amendment to this approval.
7 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.8
4. 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
10 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.
13 5. 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
14 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
nondiscretionary, in connection with the use contemplated herein, and
17 (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
18 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.
20 6. This approval is granted subject to the adoption of the Negative Declaration and
21 approval of MP 98-01(G) and is subject to all conditions contained in Planning
Commission Resolutions No. 6125 and 6127 for those other approvals.
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PCRESONO. 6126 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of July 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Whitton
ABSENT:
ABSTAIN: Commissioner Segall
MARTELL B. MONT<3DMERY,§^airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PCRESONO. 6126 -4-
GENERAL PLAN MAP CHANGE GPA: 05-15
CARLTAS MEDICAL OFFICE MPA/GPA
Draft: July 19, 2006 DRAFT
EXISTING
PROPOSED
Related Case File Nofs): MP 98-01 (GVSDP 05-18/SUP 05-17
G.P. Map Desig
Property
A 21 3-1 10-01-00
B.
C.
D.
From:
PI
nation Change
To:
O