HomeMy WebLinkAbout2007-12-05; Planning Commission; Resolution 63601 PLANNING COMMISSION RESOLUTION NO. 6360
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 DESIGNATION
FROM PLANNED INDUSTRIAL TO OFFICE ON A 1.94 ACRE
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
6 CORNER OF EL CAMINO REAL AND TOWN GARDEN
ROAD IN PLANNING AREA 1 OF THE BRESSI RANCH
7 MASTER PLAN AND IN LOCAL FACILITIES
MANAGEMENT ZONE 17.
8 CASE NAME: BRESSI RANCH MEDICAL PLAZA
9 CASE NO.: GPA 07-07
10 WHEREAS, David Di Rienzo, "Developer," has filed a verified application with
11 the City of Carlsbad regarding property owned by Bressi Ranch Medical Plaza, LLC,
12 "Owner," described as
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Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of
14 Carlsbad, County of San Diego, State of California, according
to the map thereof No. 14960, filed in the office of the County
15 Recorder of San Diego County, February 4, 2005
16 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a General Plan
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Amendment as shown on Exhibit "GPA 07-07" dated May 25,2007, attached hereto and on file
2Q in the Carlsbad Planning Department BRESSI RANCH MEDICAL PLAZA - GPA 07-07 as
21 provided in Government Code Section 65350 et seq. and Section 21.52.160 of the Carlsbad
22 Municipal Code; and
23 WHEREAS, the Planning Commission did, on the 5th day of December 2007,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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~7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
28 relating to the General Plan Amendment.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 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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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of BRESSI RANCH MEDICAL PLAZA -
5 GPA 07-07, based on the following findings:
7 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 December 5,2007, including, but not limited to the following:
10 Land Use: The Land Use redesignation of 1.94 acres from Planned Industrial
11 (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
12 adjacent Planned Industrial, Office, and Open Space land uses.
•^ Land Use: The project is not adjacent to the McClellan-Palomar Airport; is
14 not subject to the height limitations in the McClellan-Palomar Airport Land
Use Compatibility Plan (ALUCP); is located outside the 60 dB CNEL noise
15 contour; is outside the Runway Protection Zone and Flight Activity Zone; and
has been determined to be consistent with the McClellan-Palomar Airport
16 ALUCP by the San Diego County Regional Airport Authority on October 4,
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Circulation: The change of Land Use to Office increases the traffic generation
over the Master Plan levels by 548 ADT. This increase was analyzed by Urban
19 Systems Associates, Inc. in their letter report dated October 17, 2007. Their
analysis showed that for "Year 2020 With Project," the El Camino Real/Town
20 Garden Road intersection still operated at Level of Service (LOS) of D or
better. Therefore, the proposed changes would not result in any new significant
project traffic impacts over those analyzed and mitigated in the Bressi Ranch
22 Master Plan EIR.
23 Open Space and Conservation: The proposed project maintains adequate
buffers from native habitat areas and is consistent with the adopted City of
24 Carlsbad Habitat Conservation Plan.
2. The Planning Commission of the City of Carlsbad does hereby find:
26 It has reviewed, analyzed, and considered the Negative Declaration Bressi Ranch
27 Medical Plaza - GPA 07-07/MP 178(F)/CT 07-04/SDP 07-03/PUD 07-04/SUP
07-01 the environmental impacts therein identified for this project and any
28 comments thereon prior to RECOMMENDING APPROVAL of the project; and
PC RESO NO. 6360 -2-
b. The Negative Declaration has been prepared in accordance with requirements of
2 the California Environmental Quality Act, the State Guidelines, and the
Environmental Protection Procedures of the City of Carlsbad; and
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c. It reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. Based on the EIA Part II and comments thereon, there is no substantial evidence
6 the project will have a significant effect on the environment.
7 3. 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;
11 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
12 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
15 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.
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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
lg 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
19 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
1i regulations in effect at the time of building permit issuance.
22 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
23 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
25 with all requirements of law.
26 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
27 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
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
nondiscretionary, in connection with the use contemplated herein, and
PC RESO NO. 6360 -3-
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(c) Developer/Operator's installation and operation
including without limitation, any and all liabilities
of the facility permitted hereby,
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.
6. This approval is granted subject to the adoption
approval of MP 178(F) and is subject to all
of the Negative Declaration and
conditions contained in Planning
Commission Resolutions No. 6359 and 6361 for those other approvals.
PASSED, APPROVED AND ADOPTED at
Commission of the City of Carlsbad, California, held on the
following vote, to wit:
a regular meeting of the Planning
5th day of December 2007, by the
AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, and Montgomery
NOES:
ABSENT: Commissioner Whitton
ABSTAIN:
\(O~ (\ "")
/V^ \ OJL
JULIE BAKfeR, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
&ofcn / uia
DON NEU
Planning Director
PC RESO NO. 6360 -4-
GPA 07-07 Bressi Ranch Medical Plaza
12/05/2007
EXISTING
PROPOSED
Related Case File No(s): MP 178(F), SDP 07-03, PUD 07-04,
SUP 07-01. CT 07-04
G.P. Map Designation Change
Property From:To:
A. 213-260-01-00
B.
C.
PI