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HomeMy WebLinkAbout2006-10-04; Planning Commission; Resolution 61651 PLANNING COMMISSION RESOLUTION NO. 6165 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO 4 CHANGE THE GENERAL PLAN LAND USE ELEMENT DESIGNATION FROM PLANNED INDUSTRIAL TO OFFICE ON A 3.5-ACRE PARCEL GENERALLY LOCATED ON THE 6 WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND FARADAY AVENUE IN LOCAL 7 FACILITIES MANAGEMENT ZONE 5. CASE NAME: FENTON CARLSBAD RESEARCH CENTER 8 CASE NO: GPA 06-01 9 WHEREAS, Fenton Carlsbad Research Center LLC, "Developer/Owner" has 10 filed a verified application with the City of Carlsbad regarding property described as Lot 1 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof 13 No. 15253, filed in the office of the County Recorder of San Diego County January 30, 2006 14 ("the Property"); and15 jg WHEREAS, said verified application constitutes a request for a General Plan 17 Amendment as shown on Exhibit "GPA 06-01" dated October 4, 2006, attached hereto and on 18 file in the Carlsbad Planning Department, FENTON CARLSBAD RESEARCH CENTER - 19 GPA 06-01, as provided in Government Code Section 65350 et seq. and Section 21.52.160 of 20 the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 4th day of October, 2006, 22 -» hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 2" relating to the General Plan Amendment. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of FENTON CARLSBAD RESEARCH CENTER - GPA 06-01, based on the following findings and subject to the 3 following conditions: Findings; 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 October 4,2006, including, but not limited to the following: 7 Land Use: The proposed amendment to change the Land Use designation of a 8 3.5-acre site from Planned Industrial (PI) to Office (O) is for the purpose of developing a professional medical office building. The proposed Office Land Use designation would be compatible with adjacent Planned Industrial and Open Space Land Uses. 1 \ 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 the San Diego County Regional Airport Authority on March 6,2006. 15 Circulation: The change of Land Use to Office does not significantly increase the projected traffic generation. Therefore, the proposed changes would not 16 result in any new significant project traffic impacts. The existing El Camino Real, College Boulevard, and Salk Avenue roadways are adequate to handle 17 the traffic generated by the proposed medical office use. 18 Open Space and Conservation: The proposed project maintains adequate 19 buffers from native habitat areas and is consistent with the adopted Habitat Management Plan. 20 2. The Planning Commission has reviewed each of the exactions imposed on the Developer 21 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. 23 „ . .Conditions: 24 If any of the following conditions fail to occur, or if they are, by their terms, to be 25 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 28 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. PCRESON0.6165 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 o unless the City Council determines that the project without the condition complies with all requirements of law. 10 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 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 13 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 14 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 17 approval is not validated. 18 6. This approval is granted subject to the adoption of the Negative Declaration and approval of ZC 06-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6164 and 6166 for those other approvals. 20 21 22 23 24 25 26 27 28 PCRESONO. 6165 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of October, 2006, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Heineman, Segall, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Dominguez ABSTAIN: JULI CARL ATTEST: Ou. , Vice Chairperson LANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6165 -4- Exhibit GPA 06-01 Fenton Carlsbad Research Center October 4, 2006 EXISTING PROPOSED Related Case File No(s): ZC 06-01 /SDP 06-03 G.P. Map Desig Property A. 21 2-021 -01 -00 B. C. D. From: PI nation Change To: 0