HomeMy WebLinkAbout2006-10-04; Planning Commission; Resolution 61661 PLANNING COMMISSION RESOLUTION NO. 6166
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM PLANNED
4 INDUSTRIAL (PM) TO OFFICE (O) ON A 3.5-ACRE PARCEL
GENERALLY LOCATED ON THE WEST SIDE OF
ELCAMINO REAL BETWEEN COLLEGE BOULEVARD
6 AND FARADAY AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
7 CASE NAME: FENTON CARLSBAD RESEARCH CENTER
CASE NO: ZC 06-018
9 WHEREAS, Fenton Carlsbad Research Center LLC, "Developer/Owner" has
10 filed a verified application with the City of Carlsbad regarding property described as
11 Lot 1 of Carlsbad Tract 00-20, in the City of Carlsbad, County
of San Diego, State of California, according to the map thereof
No. 15253, filed in the office of the County Recorder of San
13 Diego County January 30, 2006
14 ("the Property"); and
^ WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit "ZC 06-01" dated October 4, 2006, attached hereto and on file in the Planning
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Department, FENTON CARLSBAD RESEARCH CENTER - ZC 06-01, as provided by
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Chapter 21.52 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did on the 4th day of October, 2006, hold
21 a duly noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony
23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Zone Change.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning26
27 Commission as follows:
28 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of FENTON CARLSBAD RESEARCH
1 CENTER - ZC 06-01, based on the following findings and subject to the
2 following conditions:
3 Findings:
That the proposed Zone Change from Planned Industrial to Office is consistent with the
, goals and policies of the various elements of the General Plan, in that the proposed
Office designation would implement the Office General Plan Land Use designation
5 and would be compatible with surrounding uses of Planned Industrial to the south
and west and surrounding Open Space. The site is topographically suitable for the
7 development of Office type uses, as the developable portion is graded for office type
development. The site is isolated from other uses by open space, and traffic can
access the site from El Camino Real without having to go through the industrial
park. The proposed Office land use designation would not result in any
unavoidable adverse impacts to the area.
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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 General Plan
Land Use designation.
13 3. That the Zone Change is consistent with the public convenience, necessity, and general
14 welfare, and is consistent with sound planning principles in that the proposed location is
necessary and desirable to provide medical services to the community, which will
contribute to the well-being of people 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
17 separation of uses is proposed. The site is isolated from other uses by open space,
and traffic can access the site from El Camino Real without having to go through
18 the industrial park.
4. The Planning Commission has reviewed each of the exactions imposed on the Developer
2Q 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
21 degree of the exaction is in rough proportionality to the impact caused by the project.
22 Conditions:
23 If any of the following conditions fail to occur, or if they are, by their terms, to be
24 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
25 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
27 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
28 or a successor in interest by the City's approval of this Zone Change.
PCRESONO. 6166 -2-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 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
3 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
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 Zone Change, (b) City's
approval or issuance of any permit or action, whether discretionary or nondiscretionary,
14 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.
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6. This approval is granted subject to the approval of the Negative Declaration and
18 GPA 06-01 and is subject to all conditions contained in Planning Commission
Resolutions No. 6164 and 6165 for those other approvals.
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PCRESONO. 6166 -3-
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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.
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 fees/exactions 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 4th day of October, 2006, by the following
vote, to wit:
AYES:
NOES:
Commissioners Baker, Cardosa, Heineman, Segall, and Whitton
ABSENT: Chairperson Montgomery and Commissioner Dominguez
ABSTAIN:
JULIE
CARLS
ATTEST:
Ou.
, Vice Chairperson
LANNING COMMISSION
DON NEU
Assistant Planning Director
PCRESONO. 6166 -4-
Exhibit ZC 06-01
October 4, 2006
1 RESOLUTION NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 06-01,
4 FROM PLANNED INDUSTRIAL TO OFFICE ON A 3.5-ACRE
PARCEL GENERALLY LOCATED ON THE WEST SIDE OF EL
5 CAMINO REAL BETWEEN COLLEGE BLVD AND FARADAY
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5.
6 CASE NAME: FENTON CARLSBAD RESEARCH CENTER
CASE NO.: ZC 06-01
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The City Council of the City of Carlsbad, California, does hereby resolve as
8 follows:
9 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
10 zoning map, is amended as shown on the map marked Exhibit "ZC 06-01," dated October 4,
2006 attached hereto and made a part hereof.
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SECTION II: That the findings and conditions of the Planning Commission as set
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forth in Planning Commission Resolution No. 6166 constitute the findings and conditions of the
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City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its16
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 its18
adoption.
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1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the day of 2006, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
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CLAUDE A. LEWIS, Mayor
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10 ATTEST:
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12 LORRAINE M. WOOD, City Clerk
13 (SEAL)
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Exhibit ZC 06-01
Fenton Carlsbad Research Center
October 4, 2006
EXISTING
PROPOSED
Related Case File No(s): GPA 06-01 /SDP 06-03
G.P. Map Desig
Property
A. 212-021-01-00
B.
C.
D.
From:
PM
nation Change
To:
O