HomeMy WebLinkAbout2008-08-20; Planning Commission; Resolution 64321 PLANNING COMMISSION RESOLUTION NO. 6432
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 PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF EL
6 CAMINO REAL BETWEEN COLLEGE BOULEVARD AND
FARADAY AVENUE IN LOCAL FACILITIES
7 MANAGEMENT ZONE 5.
CASE NAME: FENTON CARLSBAD CENTER
8 SPECIFIC PLAN
9 CASE NO.: GPA 07-04
10 WHEREAS, Fenton Carlsbad Research Center, LLC, "Developer/Owner," has
11 filed a verified application with the City of Carlsbad regarding property," described as:
12 Lot 1 through Lot 5 of Carlsbad Tract 00-20, in the City of
13 Carlsbad, County of San Diego, State of California, According
to the Map Thereof No. 15253, Filed in the Office of the
14 County Recorder of San Diego County, January 30, 2006
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a General Plan
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Amendment as shown on Exhibit "GPA 07-04" dated August 20, 2008, attached hereto and on
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file in the Carlsbad Planning Department, FENTON CARLSBAD CENTER SPECIFIC
2Q PLAN - GPA 07-04, as provided in Government Code Section 65350 et. seq. and Section
21 21.52.160 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on July 16, 2008, August 6, 2008,
23 and August 20, 2008, hold a duly noticed public hearing as prescribed by law to consider said
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request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony26
~j 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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r B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of FENTON CARLSBAD CENTER
6 SPECIFIC PLAN - GPA 07-04, 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 s
the staff report dated July 16, 2008, including, but not limited to the following:
10 Land Use: The project proposes a General Plan Amendment from Planned
11 Industrial (PI) to Office (O) and a Specific Plan (SP) to allow for the
development of medical office and general office uses on lots 1 and 4 and
12 general office uses on lots 2 and 3. The proposed Office Land Use designation
would be compatible with adjacent Planned Industrial Office and Open Space
land uses and promote the General Plan Land Use goal which provides for
14 land uses which through their arrangement, location, and size, support and
enhance the economic viability of the community.
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Land Use: The project is not adjacent to the McClellan-Palomar Airport, is
16 not subject to the height limitations in the McClellan-Palomar Airport Land
Use Compatibility Plan (ALUCP), is located outside the 60 dB CNEL noise
contour, is outside the Runway Protection Zone, and has been determined to
1 g be consistent, as conditioned, with the McClellan-Palomar Airport ALUCP by
the San Diego County Regional Airport Authority on May 1,2008.
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Circulation: The proposed Office Land Use designation would not result in any
20 unavoidable adverse traffic impacts to the area. Future development of lot 4
within the proposed Specific Plan area will implement identified circulation
improvements to mitigate for any possible traffic impacts to Salk Avenue,
22 College Boulevard, and El Camino Real. The project is consistent with the
applicable policies and programs of the General Plan.
23
Open Space and Conservation: The Specific Plan will continue to preserve lot 5
24 as Open Space consistent with the adopted Habitat Management Plan.
25 2. 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
27 degree of the exaction is in rough proportionality to the impact caused by the project.
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PC RESO NO. 6432 -2-
Conditions;
2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
3 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
4 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 General Plan Amendment.
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.
10 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
14 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
15 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.
17 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
18 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
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
21 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
22 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
24 approval is not validated.
25 6. This approval is granted subject to the approval of Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and approval of ZC 07-04, and SP
26 07-02 and is subject to all conditions contained in Planning Commission Resolutions No.
6431, 6433, and 6434 for those other approvals incorporated herein by reference.
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PC RESO NO. 6432 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 20, 2008, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Douglas, Montgomery,
and Chairperson Whitton
ABSENT: Commissioner Dominguez
ABSTAIN:
<RANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
In.
DON NEU
Planning Director
PC RESO NO. 6432 -4-
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