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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 17 Department, FENTON CARLSBAD RESEARCH CENTER - ZC 06-01, as provided by 18 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 24 relating to the Zone Change. 25 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. 10 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. 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 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 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. 17 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. 20 21 22 23 24 25 26 27 28 PCRESONO. 6166 -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 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 7 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. 12 SECTION II: That the findings and conditions of the Planning Commission as set 13 forth in Planning Commission Resolution No. 6166 constitute the findings and conditions of the 14 City Council. 15 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. 20 21 22 23 24 25 26 27 28 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: 6 1 8,, CLAUDE A. LEWIS, Mayor 9 10 ATTEST: 11 12 LORRAINE M. WOOD, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 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