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
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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
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("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
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WHEREAS, the Planning Commission did, on the 4th day of October, 2006,
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-» 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
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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:
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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.
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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.
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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.
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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.
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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.
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PCRESONO. 6165 -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 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