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Home My WebLink About2013-08-07; Planning Commission; Resolution 6992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM PLANNED INDUSTRIAL (PI) AND OPEN SPACE (OS) TO OFFICE (O) AND OPEN SPACE (OS) ON 7.5 ACRES OF PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER CASE NO: GPA 12-01 WHEREAS, The Allen Group, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Kelly Corporate Center, LLC & IIA, LLC, “Owner,” described as Parcels 1, 2 and 3 of Parcel Map No. 19207, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 2003 as file no. 2003-0402795 of Official Records (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 12-01” dated August 7, 2013, attached hereto and on file in the Carlsbad Planning Division, KELLY CORPORATE CENTER – GPA 12-01, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 7, 2013, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. PLANNING COMMISSION RESOLUTION NO. 6992 PC RESO NO. 6992 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY CORPORATE CENTER – GPA 12-01, based on the following findings and subject to following conditions: 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 August 7, 2013, including, but not limited to the following: Land Use: The project proposes a General Plan Amendment from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS) to allow for the development of office uses that cater to the general public, medical office and related commercial uses. The proposed Office Land Use designation would be compatible with adjacent Planned Industrial and Open Space land uses and promote the General Plan Land Use goal to provide for land uses which through their arrangement, location, and size, support and enhance the employment and economic viability of the community. Circulation: The proposed Office Land Use designation would not result in any unavoidable adverse traffic impacts to the area. Future development of Parcel 3 within the project area will implement identified traffic mitigation measures for traffic impacts to Paseo Del Norte at Palomar Airport Road. The project is consistent with the applicable policies and programs of the General Plan. Open Space and Conservation: The project will continue to preserve the adjacent Open Space lot to the south consistent with the adopted Habitat Management Plan. 2. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated March 4, 2010, in that a notice concerning aircraft noise and an avigation easement have previously been recorded against the property consistent with the ALUCP. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the project is within the 60 - 70dB CNEL range and typical building construction methods will attenuate interior noise levels to the required 50 dB CNEL and Office uses are a conditionally compatible use at an intensity level equal to or less than 130 persons per acre. The presently approved project developed with medical office uses would develop at an intensity of 114 persons per acre. 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. PC RESO NO. 6992 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: General: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of any grading permit or building permit on the subject property. 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 General Plan Amendment. 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. 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. 4. If any conditions 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 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 with all requirements of law. 5. Developer shall implement, or cause the implementation of, the Kelley Corporate Center Project Mitigation Monitoring and Reporting Program. The mitigation measures shall be required to be implemented by the developer prior to the issuance of grading or building permits on the property. 6. 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 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 (c) Developer/Operator’s installation and operation of the facility permitted hereby, 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 approval is not validated. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of the Kelly Corporate Center Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 12-01 and LCP A 12-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6991, 6993 and 6994 for those other approvals incorporated herein by reference. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. PASSED, APPROVED, AND ADOPTED ata regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 7, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Siekmann, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall ~ 1< s~W!AAJ KERRY K. SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION DONNEU City Planner PC RESO NO. 6992 -4- GPA 12-01 Exhibit "GPA 12-01" August 7, 2013 DRAFT Kelly Corporate Center EXISTING PROPOSED Related Case File No(s): zc 12..01 / LCPA 12..02 General Plan Land Use Designation Changes Property From: To: A. 212-040-67-00 PI/OS 0 /0S B. 212-040-68-00 PI 0 C. 212-040-69-00 PI 0