HomeMy WebLinkAbout2007-05-16; Planning Commission; Resolution 62981 PLANNING COMMISSION RESOLUTION NO. 6298
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM PLANNED
4 INDUSTRIAL-QUALIFIED DEVELOPMENT OVERLAY
s ZONE TO OPEN SPACE ON PROPERTY GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF PALOMAR
6 AIRPORT ROAD AND AVIARA PARKWAY IN THE MELLO
II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
7 LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: - KELLY/JRM OFFICE BUILDING
8 CASE NO: ZC04-15
WHEREAS, Kelly/JRMC Palomar Airport Road I, LLC, "Developer/Owner"
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has filed a verified application with the City of Carlsbad regarding property described as
A portion of Parcel "C" and all of Parcel "D" of Parcel Map
No. 2993, in the City of Carlsbad, County of San Diego, State
13 of California, according to map thereof no. PM 2993, filed in
the Office of the County Recorder of San Diego, August 23,
14 1974 as file number 74-230326
15 ("the Property"); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
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Exhibit "ZC 04-15" dated May 16, 2007, attached hereto and on file in the Planning
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Department, KELLY/JRM OFFICE BUILDING - ZC 04-15, as provided by Chapter 21.52 of
2Q the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did on the 16th day of May, 2007, hold a
22 duly noticed public hearing as prescribed by law to consider said request; and
23 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
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relating to the Zone Change.
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27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of KELLY/JRM OFFICE BUILDING - ZC 04-15
based on the following findings and subject to the following conditions:
Findings;
1. That the proposed Zone Change from Planned Industrial-Qualified Development
Overlay Zone (PM-Q) to Open Space (OS) is consistent with the goals and policies of
the various elements of the General Plan, in that the redesignation of 1.36 acres from
PM-Q to OS is for the purpose of habitat preservation and buffer areas necessary to
meet development and design standards of the Habitat Management Plan. The
existing Open Space area is being adjusted to more specifically follow the existing
riparian habitat corridor including the associated habitat buffer.
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 Open Space Zoning designation implements the OS General Plan
Land Use designation.
3. That the Zone Change is consistent with the public convenience, necessity, and general
welfare, and is consistent with sound planning principles in that the proposed zone
change will enable implementation of the City's Habitat Management Plan for the
preservation of sensitive habitat and associated buffers.
4. The Planning Commission has reviewed each of the exactions imposed on the Developer
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.
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
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
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 Zone Change.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
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
occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
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.
PC RESO NO. 6298 -2-
4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
7 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 Zone Change, (b) City's
approval or issuance of any permit or action, whether discretionary or 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
10 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.
12 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
13 and Mitigation Monitoring and Reporting Program, GPA 04-20, LCPA 06-05 and
CDP 03-03 and is subject to all conditions contained in Planning Commission
14 Resolutions No. 6296,6297,6299 and 6300 for those other approvals.
15 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees,
17 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."lo
19 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
20 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.
23 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,
24 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
25 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6298 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, held on the 16th day of May, 2007,
to wit:
AYES: Chairperson Baker, Commissioners Boddy,
Douglas, Montgomery, Whitton
NOES:
ABSENT:
ABSTAIN:
/~V S ^
\U^ \ \01 X 1 -*<s«JL^,
JULIE/BAIvER, Chairperson
CARLSBAD JLANNING COMMISSION
ATTEST:
C\ ~y/[
J&n / v&A
DONNEU
Planning Director
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PC RESO NO. 6298 -4-
by the following vote,
Cardosa, Dominguez,
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Exhibit ZC 04-15
May 16, 2007
1 ORDINANCE 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 04-15,
4 FROM PLANNED INDUSTRIAL-QUALIFIED DEVELOPMENT
OVERLAY ZONE TO OPEN SPACE ON A 5.9-ACRE PARCEL
5 GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
PALOMAR AIRPORT ROAD AND AVIARA PARKWAY IN THE
6 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
AND IN LOCAL FACILITIES MANAGEMENT ZONE 5.
7 CASE NAME: KELLY/JRM OFFICE BUILDING
CASE NO.: ZC 04-15
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The City Council of the City of Carlsbad, California, does hereby resolve as
9 follows:
SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
11 zoning map, is amended as shown on the map marked Exhibit "ZC 04-15," dated May 16, 2007
12 attached hereto and made a part hereof.
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SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 6298 constitute the findings and conditions of the
City Council.16
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
after its adoption but not until Local Coastal Program Amendment LCPA 06-05 is approved by18
the California Coastal Commission, and the City Clerk shall certify to the adoption of this
ordinance and cause it to be published at least once in a publication of general circulation in the
City of Carlsbad within fifteen days after its 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 _ 2007, 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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ZC 04-15 KELLY/JRM OFFICE BUILDING
5/16/2007
EXISTING
PROPOSED
Related Case File No(s): GPA 04-20/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:
P-M-Q
nation Change
To:
P-M-Q/OS