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HomeMy WebLinkAbout2008-08-20; Planning Commission; Resolution 64331 PLANNING COMMISSION RESOLUTION NO. 6433 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM PLANNED 4 INDUSTRIAL (P-M) TO OFFICE (O) ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND 6 FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: FENTON CARLSBAD CENTER SPECIFIC PLAN 8 CASE NO: ZC 07-04 9 WHEREAS, Fenton Carlsbad Research Center, LLC, "Developer/Owner," has 10 filed a verified application with the City of Carlsbad regarding property," described as: Lot 1 through Lot 5 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, According 13 to the Map Thereof No. 15253, Filed in the Office of the County Recorder of San Diego County, January 30,2006 14 ("the Property"); and , f WHEREAS, said application constitutes a request for a Zone Change as shown on 17 Exhibit "ZC 07-04" dated August 20, 2008, attached hereto and on file in the Planning 18 Department, as FENTON CARLSBAD CENTER SPECIFIC PLAN - ZC 07-04, as provided 19 by Chapter 21.52 of the Carlsbad Municipal Code; and 20 WHEREAS, the proposed Zone Change - ZC 07-04 is set forth and attached in 21 the draft City Council Ordinance, Exhibit "X" dated, August 20, 2008, and attached hereto as 22 FENTON CARLSBAD CENTER SPECIFIC PLAN - SP 07-02; and 24 WHEREAS, the Planning Commission did on July 16, 2008, August 6, 2008, 25 and August 20, 2008, hold a duly noticed public hearing as prescribed by law to consider said 2° request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct. 4 <. B) That based on the evidence presented, at the public hearing, the Commission RECOMMENDS APPROVAL of FENTON CARLSBAD CENTER 6 SPECIFIC PLAN - ZC 07-04, based on the following findings: 7 Findings: 8 1. That the proposed Zone Change from Planned Industrial (P-M) to Office (O) is consistent with the goals and policies of the various elements of the General Plan, in that 10 the proposed Office zoning designation implements the proposed Office General Plan Land Use designation on lot 4 and due to medical uses having a higher traffic 11 generation, lots 2 and 3 would include only general office uses (no medical office uses). The uses would be compatible with surrounding uses of Planned Industrial to the south and west and surrounding Open Space to the north. There is no , o development proposed with the application and any proposed development in the future would be subject to the Office Zone uses permitted by the Fenton Carlsbad 14 Center Specific Plan, which limits uses on Lots 2 and 3 to general office uses (no medical office uses). The proposed Office designation would not result in any 15 unavoidable adverse impacts to the area and would promote the General Plan Land Use goal which provides for land uses which through their arrangement, location, and size, support and enhance the economic viability of the community. 2. That the Zone Change will provide consistency between the General Plan and Zoning as 18 mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the Office zone implements the proposed Office General Plan Land Use designation. 20 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 location is necessary and desirable to provide office and medical services to the community, 22 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 24 adequate separation of uses is proposed. 25 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 26 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. 28 PCRESONO. 6433 -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 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 5 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 7 or a successor in interest by the City's approval of this Zone Change. o0 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 10 occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 11 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. 13 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 66020. If any such condition is determined to be invalid, this approval shall be invalid 1, 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 2Q 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, 21 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 22 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. 24 6. This approval is granted subject to the approval of Mitigated Negative Declaration and 25 Mitigation Monitoring and Reporting Program and approval of GPA 07-04, and SP 07-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6431, 6432, and 6434 for those other approvals incorporated herein by reference 27 28 PC RESO NO. 6433 -3- 1 NOTICE 2 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." 5 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 6 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 o annul their imposition. 9 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on August 20, 2008, by the following vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Douglas, Montgomery, 16 and Chairperson Whitton 17 NOES: 18 ABSENT: Commissioner Dominguez 19 ABSTAIN: 20 " 21 22 ^RANK H. WHITTON, Chairperson 23 CARLSBAD PLANNING COMMISSION 24 M ATTEST:25 26 27 DON NEU 28 Planning Director PC RESO NO. 6433 -4- EXHIBIT "X" July 16, 2008 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO 4 THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 07-04, FROM PLANNED INDUSTRIAL TO OFFICE ON PROPERTY 5 GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND FARADAY 6 AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: FENTON CARLSBAD CENTER SPECIFIC PLAN 8 CASE NO.: ZC 07-04 9 WHEREAS, the City Council did on the day of hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown 12 on Exhibit ZC 07-04 - Fenton Carlsbad Center Specific Plan dated July 16, 2008, attached 13 hereto and made a part hereof. 14 WHEREAS at said public hearing, upon hearing and considering all testimony 15 and arguments, if any, of all persons desiring to be heard, said City Council considered all 16 factors relating to the ZC 07-04 - Fenton Carlsbad Center Specific Plan ; and , 0 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain aslo ,Q follows: 2Q SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being 21 the zoning map, is amended as shown on the map marked ZC 07-04 - Fenton Carlsbad 22 Center Specific Plan dated July 16, 2008, on file in he Planning Department, and incorporated 23 by reference herein, is approved 24 SECTION II: That the findings and conditions of the Planning Commission in 25 Planning Commission Resolution No. 6433 shall also constitute the findings and conditions of 26 the City Council. 77 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 28 adoption, 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 the City of Carlsbad within fifteen 2 days after its adoption. 3 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City 4 Council on the day of , 2008, and thereafter. 5 " 6 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council 7 of the City of Carlsbad, California, held on the day of , 2008, by the 8 following vote, to wit: 9 AYES: 10 NOES: 11 ABSENT: 12 ABSTAIN: 13 " 14 APPROVED AS TO FORM AND LEGALITY 15 " 16 17 RONALD R. BALL, City Attorney 18 19 20 CLAUDE A. LEWIS, Mayor 21 ATTEST: 22" 23 24 LORRAINE M. WOOD, City Clerk 25 (SEAL) 26 27 28 -2- FENTON CARLSBAD CENTER SPECIFIC PLAN - ZC 07-04 July 16, 2008 Draft IKI final D •;'".'?-.- '•'-•-/ /"PS--1 --'- c-m R 111 R-A-10000 f """v"-- / ""•~k-A> « os 2.5 , if % M-Q c-m EXISTWG PROPOSED Project Name: Fenton Carlsbad Center Specific Plan Zone Change Property: A. 212-021-02 B. 212-021-03 C. 212-021-04 From: P-M P-M P-M To: 0 O 0 Related Case File No(s): GPA 07-04/ SP 07-02 Approvals Council Approval Date: Ordiance No: Effective Date: Signature: