HomeMy WebLinkAbout2013-08-07; Planning Commission; Resolution 6993
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM PLANNED
INDUSTRIAL, QUALIFIED DEVELOPMENT OVERLAY ZONE (P-M-Q) 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: ZC 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 application constitutes a request for a Zone Change as shown
on Exhibit “ZC 12-01” dated August 7, 2013, attached hereto and on file in the Planning
Division, KELLY CORPORATE CENTER – ZC 12-01, as provided by Chapter 21.52 of the
Carlsbad Municipal Code; and
WHEREAS, the proposed Zone Change is set forth in the draft City Council
Ordinance, EXHIBIT “X” dated August 7, 2013, and attached hereto KELLY CORPORATE
CENTER – ZC 12-01; 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 Zone Change.
PLANNING COMMISSION RESOLUTION NO. 6993
PC RESO NO. 6993 -2-
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of KELLY CORPORATE CENTER – ZC 12-01, 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 (P-M-Q) and Open Space (OS) to Office (O) and Open Space (OS) is consistent with the goals and policies of the various elements of the General Plan, in that the Office (O) zone implements the Office (O) General Plan Land Use designation.
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 Office zone implements the proposed Office 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 location is necessary and desirable to provide office and medical services to the community, which will contribute to the well-being of 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 adequate separation of uses is proposed. 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.
. . .
PC RESO NO. 6993 -3-
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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.
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
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/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 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 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.
6. This approval is granted subject to the approval of the Kelly Corporate Center Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 12-01 and LCPA 12-02 and is subject to all conditions contained in Planning
Commission Resolutions No. 6991, 6992 and 6994 for those other approvals
incorporated herein by reference.
7. Developer shall implement, or cause the implementation of, the Kelly Corporate Center Project Mitigation Monitoring and Reporting Program. The mitigation measures shall
be required to be implemented prior to the issuance of a grading permit or building
permit on the property.
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II
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, 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
12 KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
\lAw
DONNEU
City Planner
PC RESO NO. 6993 -4-
Exhibit “X”
August 7, 2013
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE FROM PLANNED INDUSTRIAL, QUALIFIED DEVELOPMENT OVERLAY ZONE (P-M-Q) AND OPEN SPACE (OS) TO OFFICE
(O) AND OPEN SPACE (OS) ON 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.: ZC 12-01
The City Council of the City of Carlsbad, California, does ordain as follows:
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
on Exhibit “ZC 12-01 – KELLY CORPORATE CENTER,” dated August 7, 2013, attached hereto
and made a part hereof; and
WHEREAS at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said City Council considered all
factors relating to the “ZC 12-01 – KELLY CORPORATE CENTER.”
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked “ZC 12-01 – KELLY CORPORATE
CENTER,” dated August 7, 2013, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 6993 shall also constitute the findings and conditions of
the City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty
days after its adoption, but not until Local Coastal Program Amendment LCPA 12-02 is
ORDINANCE NO.
Exhibit “X”
August 7, 2013
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approved by 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. (Notwithstanding the preceding, this
ordinance shall not be effective within the City’s Coastal Zone until approved by the California
Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2013, and thereafter.
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Exhibit “X”
August 7, 2013
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL)
zc 12-01
Exhibit "ZC 12-01"
August 7, 2013
DRAFT
Kelly Corporate Center
EXISTING
PROPOSED
Related case File No(s): GPA 12..()1/ LCPA 12..()2
Zoning Designation Changes
Property From: To:
A. 212-040-67-00 P-M-Q/OS 0 /0S
B. 212-040-68-00 P-M-Q 0
C. 212-040-69-00 P-M-Q 0