HomeMy WebLinkAbout2007-05-16; Planning Commission; Resolution 62971 PLANNING COMMISSION RESOLUTION NO. 6297
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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 AND
4 OPEN SPACE AND CONSERVATION ELEMENTS OF THE
, GENERAL PLAN TO CHANGE THE LAND USE AND OPEN
SPACE AND CONSERVATION ELEMENT DESIGNATIONS
6 FROM PLANNED INDUSTRIAL AND UNPLANNED AREA
TO OPEN SPACE, OPEN SPACE TO PLANNED INDUSTRIAL
7 AND ADJUST THE OPEN SPACE DESIGNATION ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
8 CORNER OF P ALOMAR AIRPORT ROAD AND AVIARA
o PARKWAY IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES
10 MANAGEMENT ZONE 5.
CASE NAME: KELLY/JRM OFFICE BUILDING
11 CASE NO: GPA 04-20
12 WHEREAS, Kelly/JRMC Palomar Airport Road I, LLC, "Developer/"Owner"
has filed a verified application with the City of Carlsbad regarding property described as
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A portion of Parcel "C" and all of Parcel "D" of Parcel Map
15 No. 2993, in the City of Carlsbad, County of San Diego, State
«6 of California, according to map thereof no. PM 2993, filed in
the Office of the County Recorder of San Diego, August 23,
17 1974 as file number 74-230326
18 ("the Property"); and
*9 WHEREAS, said verified application constitutes a request for a General Plan
20 Amendment as shown on Exhibit "GPA 04-20" dated May 16,2007, attached hereto and on file
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in the Carlsbad Planning Department, KELLY/JRM OFFICE BUILDING - GPA 04-20, as
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provided in Government Code Section 65350 et. seq. and Section 2L52.160 of the Carlsbad
24 Municipal Code; and
25 WHEREAS, the Planning Commission did, on the 16th day of May, 2007, hold a
26 duly noticed public hearing as prescribed by law to consider said request; and
97 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 factors
relating to the General Plan Amendment.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad, as follows:
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A) That the above recitations are true and correct.
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5 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of KELLY/JRM OFFICE BUILDING - GPA
6 04-20, based on the following findings and subject to the following ponditions:
7 Findings;
8 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 May 16,2007 including, but not limited to the following:
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a. Land Use: The redesignation of 1.36 acres from the Unplanned Area (UA)
11 and Open Space (OS) to Open Space is for the purpose of habitat
preservation and buffers necessary to meet development and design
standards of the Habitat Management Plan. A portion of the OS is being
13 changed to PI as the existing Open Space area is being adjusted to follow the
existing riparian habitat corridor including the associated habitat buffer.
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b. Open Space and Conservation: -1.36 acres will be redesignated to Open Space
15 and preserved and maintained as a habitat preserve area in accordance with
the City's Habitat Management Plan. The project also includes a portion of
*" the Citywide trail network.
17 c. Circulation: That the proposed street vacation for Laurel Tree Road is
I g consistent with the General Plan in that: the roadway does not provide access
to any parcels; the roadway is not identified in the circulation Element; and
19 the street vacation will not disrupt the local traffic patterns as the street is
not improved to local street standards.20
2. That the proposed open space area:
22 a. is equal to or greater than the area depicted on the Official Open Space and
Conservation Map. The present OS area is estimated to be 1.45 acres in size
23 where 1.36 acres are to be preserved. The area should not be viewed as a
reduction but as a refined acreage based on accurate biological surveys; and24
_. b. is of environmental quality equal to or greater than that depicted on the Official
Open Space and Conservation Map the proposed open space area further defines
26 the limits of the Encinas Creek area being preserved; and
27 c. is contiguous or within close proximity to open space as shown on the Official
Open Space and Conservation Map. The open space area is adjacent to Open
2° Space Land Use designated properties which make up the Encinas Creek
drainage.
PC RESO NO. 6297 -2-
3. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 • 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions;
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
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
7 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
o 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
10 or a successor in interest by the City's approval of this General Plan Amendment.
11 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.
13 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.
4. If any condition for construction of any public improvements or facilities, or the payment
17 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
18 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.
20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
21 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
22 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
24 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
25 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
27 approval is not validated.
28 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, ZC 04-15, LCPA 06-05, and
PC RESO NO. 6297 -3-
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CDP 03-03 and is subject to all conditions contained in Planning
Resolutions No. 6296, 6298, 6299, and 6300 for those other approvals.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
Commission of the City of Carlsbad, California, held on the 16th day of May,
following vote, to wit:
AYES: Chairperson Baker, Commissioners Boddy, Cardosa,
Douglas, Montgomery, Whitton
NOES:
ABSENT:
ABSTAIN:
)V^ H JJ?I X. ™ "^^*r\f+tu
JULIE BAKER>Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
C\ /IkL/4*
DON NEU
Planning Director
PCRESONO. 6297 -4-
Commission
the Planning
2007, by the
Dominguez,
•
GPA 04-20 KELLY/JRM OFFICE BUILDING
5/16/2007
EXISTING
PROPOSED
Related Case File No(s): ZC 04-15/LCPA 06-05/SDP 03-01
/CDP 03-03/PIP 03-01
G.P. Map Desig
Property
A. 21 2-040-64-00
B.
C.
D.
From:
PI/OS/UA
nation Change
To:
PI/OS