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HomeMy WebLinkAbout2016-03-16; Planning Commission; Resolution 7153 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 SPECIFIC PLAN AMENDMENT SP NO. 180(I) TO INCLUDE A NEW LAND USE CATEGORY (AREA 2C – LIGHT INDUSTRIAL/COMMERCIAL TOURIST) THAT WOULD ALLOW A COMMERCIAL HOTEL AND RELATED BUSINESS TRAVELER USES ON LOT 75 OF THE CARLSBAD RESEARCH CENTER SPECIFIC PLAN WITH THE APPROVAL OF A CONDITIONAL USE PERMIT. THE PROPERTY IS GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FARADAY AVENUE AND VAN ALLEN WAY AND IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: CARLSBAD RESEARCH CENTER SPECIFIC PLAN AMENDMENT FOR LOT 75 CASE NO.: SP 180(I) WHEREAS, Planning Systems, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Blackmore Lot 75 Partners LP, “Owner,” described as Lot 75 of Carlsbad Tract 85-24, Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11811, filed in the office of the County Recorder of San Diego County (“the Property”); and WHEREAS, said verified application constitutes a request for a Specific Plan Amendment, on file in the Carlsbad Planning Division, SP 180(I) – CARLSBAD RESEARCH CENTER SPECIFIC PLAN AMENDMENT FOR LOT 75 as provided by Government Code Section 65453; and WHEREAS, the proposed SP 180(I) – CARLSBAD RESEARCH CENTER SPECIFIC PLAN AMENDMENT FOR LOT 75 is set forth and attached in the draft City Council Ordinance, Exhibit “X” dated, March 16, 2016, and attached hereto; and WHEREAS, the Planning Commission did, on March 16, 2016, 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 Specific Plan Amendment; and WHEREAS, on October 23, 2012, the City Council approved SP 180(H), as described and conditioned in Planning Commission Resolution No. 6853 and City Council Ordinance No. CS-193. PLANNING COMMISSION RESOLUTION NO. 7153 PC RESO NO. 7153 -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 foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SP 180(I) – CARLSBAD RESEARCH CENTER SPECIFIC PLAN AMENDMENT FOR LOT 75 based on the following findings and subject to the following conditions: Findings: 1. The proposed amendment as described by the Specific Plan Amendment (SP 180(H)), is consistent with the provisions of the General Plan in that it will promote the continued growth of visitor-oriented land uses, and provide enhanced opportunities for new hotels and visitor services in desirable locations. 2. The proposed plan amendment to create a new hybrid Land Use category (Area 2c) that would allow either Light Industrial uses as currently permitted in (Area 1) or a commercial hotel and related business traveler uses on Lot 75 of the CRC Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the Carlsbad Research Center SP 180(H) provides development standards and regulations that are intended to promote well designed and compatible development within the area identified as the Carlsbad Research Center Specific Plan. The future physical development of the project site (Lot 75) requires compliance with these development standards. 3. That the CRC Specific Plan will continue to be the controlling document for the development of the CRC. It will continue to further the objectives and policies of the General Plan and not obstruct their attainment. The proposed amendment to the Carlsbad Research Center Specific Plan is consistent with the intent and purpose of the existing Specific Plan to ensure an industrial development that conforms to the community goals and values for industrial development. 4. All necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. 5. The City Planner has determined that the project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(B)(3) (General Rule) and City of Carlsbad Municipal Code Chapter 19.04.070(A)(1)(c), general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed revisions to the Specific Plan are similar to minor Zoning Ordinance amendments and therefore are exempt from environmental analysis. 6. 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. 7153 -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: 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 Specific Plan Amendment. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan Amendment document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in 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 Specific 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. 6. Within one (1) month of this approval, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of SP 180(I), in addition to six revised copies of the specific plan. . . . . . . . . . . . . Exhibit “X” March 16, 2016 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO THE CARLSBAD RESEARCH CENTER SPECIFIC PLAN (SP 180(H)) TO INCLUDE A NEW LAND USE CATEGORY THAT WOULD PERMIT A COMMERCIAL HOTEL AND RELATED BUSINESS TRAVELER USES ON LOT 75 WITH THE APPROVAL OF A CONDITIONAL USE PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FARADAY AVENUE AND VAN ALLEN WAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: CARLSBAD RESEARCH CENTER SPECIFIC PLAN AMENDMENT FOR LOT 75 CASE NO.: SP 180(I) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the Carlsbad Research Center Specific Plan was originally adopted by City Council Ordinance No. 9561 on November 18, 1980 and has been amended several times and contains the uses, development standards and design guidelines for the development of the Specific Plan area; and WHEREAS, the Carlsbad Research Center Specific Plan is the implementing ordinance for this property; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (SP 180(I)) for the Carlsbad Research Center Specific Plan; and WHEREAS, the amendment is desirable to take advantage of the projects location within the Carlsbad Research Center which is adjacent to a commercial retail center (Islands at Carlsbad), large international businesses, and close proximity to the McClellan-Palomar Airport; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP 180(I)) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that: 1. The above recitations are true and correct. ORDINANCE NO._________ -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 2. That the Carlsbad Research Center Specific Plan (SP 180(I)), on file in the Planning Division, and incorporated herein by reference, is adopted. The Carlsbad Research Center Specific Plan (SP 180(I)) shall constitute the zoning for the property and all development of the property shall conform to the Specific Plan. 3. That the Carlsbad Research Center Specific Plan (SP 180(H)), as amended by Specific Plan Amendment SP 180(I), dated March 16, 2016, is approved. 4. That Specific Plan Amendment (SP 180(I)) amends several pages of the Carlsbad Research Center Specific Plan, as shown on the attached “Exhibit SP 180(I)”. Removal of text is presented in a strikethrough type format, while new additional text is shown in boldface, underlined type format. 5. That the findings and conditions of Planning Commission Resolution No. 7153 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 2016, and thereafter. /// /// /// /// /// /// /// -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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2016, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk EXHIBIT "SP 180(I)"