HomeMy WebLinkAbout2016-05-04; Planning Commission; Resolution 71651
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PLANNING COMMISSION RESOLUTION NO. 7165
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE LAND USE ELEMENT TO CHANGE THE GENERAL
PLAN LAND USE DESIGNATION FROM PLANNED INDUSTRIAL (PI) TO
OFFICE {0) AND A ZONE CHANGE FROM PLANNED INDUSTRIAL (P-M) TO
OFFICE (0) FOR A 2.48-ACRE PROPERTY LOCATED AT 6405 EL CAMINO
REAL, ON THE SOUTHWEST CORNER OF CAMINO VIDA ROBLE AND EL
CAMINO REAL, WITHIN LOCAL FACILITIES. MANAGEMENT ZONE 5.
CASE NAME: HULSE ORTHODONTICS MEDICAL OFFICE
CASE NO.: GPA 15-04/ZC 15-05
WHEREAS, Travel Center, Inc., "Owner," and Cameron Hulse, "Applicant," has filed a
verified application with the City of Carlsbad regarding property described as
Parcel B of Parcel Map No. 10061, in thE-City of Carlsbad, filed in the
office of the County Recorder of San Diego County, May 27, 1980, as
File No. 80-171195 of Official Records
("the Property"); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment and Zone Change as shown on Exhibits "GPA 15-04" and "ZC 15-05" dated May 4, 2016,
attached hereto and on file in the Carlsbad Planning Division, GPA 15-04/ZC 15-05 -HULSE
ORTHODONTICS MEDICAL OFFICE, as provided in Government Code Section 65350 et. seq. and Section
21.52.150 of the Carlsbad Municipal Code and as provided by Chapter 21.52 of the Carlsbad Municipal
Code, respectively; and
WHEREAS, the proposed Zone Change is set forth in the draft City Council Ordinance,
EXHIBIT "X" dated May 4, 2016, and attached hereto GPA 15-04/ZC 15-05 -HULSE ORTHODONTICS
MEDICAL OFFICE; and
WHEREAS, the Planning Commission did on May 4, 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 General Plan Amendment and Zone Change.
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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.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 15-04/ZC 15-05-HULSE ORTHODONTICS MEDICAL
OFFICE, based on the following findings, and subject to the following conditions:
Findings: ·
General Plan Amendment, GPA 15-04
1. The Planning Commission finds that the project is in conformance with the Elements of the
City's General Plan based on the facts set forth in the staff report dated May 4, 2016 including,
but not limited to the following:
a.
b.
Land Use & Community Design-in that the proposed project consists of a request for
a General Plan f\mendment to change the General Plan Land Use designation from
Planned Industrial (PI) to Office (0) and a Zone Change from Planned Industrial (P-M)
to Office (O) to allow for medical office use at 6405 El Camino Real. The existing
12,763 square foot building is located on a corner lot and has street frontage along
Camino Vida Roble to the north and El Camino Real to the east; as a result, only two
properties to the south and southwest are adjacent to the project site. The existing
building is currently occupied by a discount travel company. As demonstrated in
Attachment 4 of the staff report, a wide variety of uses surround the subject site. The
property on the north side of Camino Vida Roble is developed with three (3) buildings,
each of which has multiple tenants. The tenants include sign and insurance
companies, a church, athletic facilities (i.e., gyms), hardware supply store, furniture
repair and a deli. The properties to the south and southwest are also developed with
multi-tenant buildings with uses ranging from a food manufacturer, medical supply
companies, as well as real estate offices. No heavy industrial uses are located adjacent
to the project site which could create an issue with respect to land use compatibility.
In addition, the existing private driveway, which is located off of Camino Vida Roble, is
not shared by other properties and can be easily accessed via. El Camino Real and the
existing 85-space parking lot can adequately support a change in use from
professional office to medical office use.
Finally, the 2.48-acre site is located app'roximately Yz mile south of McClellan Palomar
Airport. Given the site's close proximity to the airport, the parcel is located within
Review Area 1 of the Airport lnfluenr.e Area (AlA}, as well as Safety Zone 6, the Traffic
Pattern Zone, of the McClellan Palomar Airport ALUCP. Office buildings, including
professional, medical and financial offices are considered to be compatible land uses.
Therefore, the proposal to change the General Plan land Use and Zoning designations
from Planned Industrial to Office is consistent with the ALUCP.
Mobility-in that the proposal to change the General Plan Land Use designation from
Planned Industrial to Office will allow for medical office uses at 6405 El Camino Real.
28 The property is currently developed with a 12,763 square foot professional office
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c.
d.
building. The anticipated change in use from professional office to medical office will
result in an increase of 444 Average Daily Trips (ADTs). Any future remodel or tenant
improvements to accommodate a medical office will be accordingly conditioned to
pay all necessary impact fees, including t~he traffic impact fees for the change in use.
Noise-in that the project site is located within Review Area 1 of the Airport Influence
Are~ (AlA) but outside of the noise exposure range as shown on Exhibit 111-1 of the
McClellan-Palomar Airport ALUCP. In addition, pursuant to Exhibit 111-6, the site is
located within the Overflight Notification Area but outside of the area which requires
an avigation easement. As the proposed project only involves a change in the land
use designation and zoning from Planned Industrial to Office, the project is consistent
with the ALUCP as it relates to noise· compatibility. Any future development which
requires a discretionary permit will be subject to the ALUCP.
Economy, Business, Diversity, and Tourism -in that the proposal to re-designate the
site from Planned Industrial to Office will allow for additional medical office space in
Carlsbad. Pursuant to Attachment 5 of the staff report, a number of medical
practitioners in Carlsbad feel that there is a shortage of medical office space. The
subject proposal facilitates the retention of an existing business in Carlsbad and
provides new opportunities for medical office uses at 6405 El Camino Real.
Zone Change, ZC 15-05
2.
3.
4.
That the proposed Zone Change from Planned Industrial (P-M) to Office (O) for a 2.48-acre
parcel addressed 6405 El Camino Real is consistent with the goals and policies of the various
elements of the General Plan, in that the 0 zoning designation implements the 0 General Plan
Land Use designation. The 0 zoning designation will allow for medical office use, in addition
to other office uses. The existing 12,763 square foot building is located on a corner lot and
has street frontage along Camino Vida Roble to the north and El Camino Real to the east; as a
result, only two properties to the south and southwest are adjacent to the project site. The
existing building is currently occupied by a discount travel company. As demonstrated in
Attachment 4 of the staff report, a wide variety of uses surround the subject site. The
property on the north side of Camino Vida Roble is developed with three (3) buildings, each
of which has multiple tenants. The tenants include sign and insurance companies, a church,
athletic facilities (i.e., gyms), hardware supply store, furniture repair and a deli. The
properties to the south and southwest are also developed with multi-tenant buildings with
uses ranging fl'om a food manufacturer, medical supply companies, as well as real estate
offices. No heavy industrial uses are located adjacent to the project site which could create
an issue with respect to land use compatibility ..
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 (O) zone designation shown on Exhibit "ZC 15-05" attached hereto implements
the Office (0) General Plan Land Use designation.
That the Zone Change is consistent with the public convenience, necessity, and general welfare,
and is consistent with sound planning principles in that the office uses allowed by the proposed
zone change are compatible with the adjacent and future professional office and light
industrial land uses.
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California Environmental Quality Act
5.
6.
7.
The City Planner has determined that the project is exempt from the provisions of CEQA,
pursuant to CEQA Guidelines Section 15061(8)(3) (General Rule) and City of Carlsbad
Municipal Code Chapter 19.04.070(A)(l)(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.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 5 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer ·collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
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.
14 General
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8. 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.
2.
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 and Zone Change.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the General Plan Amendment and 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 shovvn on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3.
4.
5.
6.
7.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
.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.
Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless ~he 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 and 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
em1ss1ons. This obligation survives until all legal proceedings have been concluded and
continues even if the City's approval is not validated.
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.
Within 90 days of City Council approval, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a(n) General
Plan Amendment and Zone Change by Resolution No. 7165 On the property. Said Notice of
Restriction shall note the property description, location of the file containing complete project
details and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The City Planner has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of good
cause by the Developer or successor in interest.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on May 4, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery, Segall and Siekmann
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
~!l
DON NEU
City Planner
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ORDINANCE NO. __ _
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 (P-M) TO
OFFICE (O) FOR A 2.48-ACRE PROPERTY LOCATED AT 6405 EL
CAMINO REAL, ON THE SOUTHWEST CORNER OF CAMINO VIDA
ROBLE AND EL CAMINO REAL, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME:
CASE NO.:
HULSE ORTHODONTICS MEDICAL OFFICE
zc 15-05
EXHIBIT"X"
May 4, 2016
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 15-05 -HULSE ORTHODONTICS MEDICAL OFFICE," dated May 4, 2016, 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 15-05-HULSE ORTHODONTICS MEDICAL OFFICE."
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION 1: That section 21.05.030 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked "ZC 15-05 -HULSE ORTHODONTICS
MEDICAL OFFICE," dated May 4, 2016, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 7165 shall also constitute the findings and conditions of
the City Council.
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EXHIBIT"X"
May 4, 2016
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
after its 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 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.
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EXHIBIT"X"
May 4, 2016
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:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATIEST:
BARBARA ENGLESON, City Clerk
(SEAL)
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GPA 15-04
Exhibit "GPA 15-04"
January 21, 2016
Hulse Orthodontics Medical Office
EXISTING
PROPOSED
Related Case File No(s): zc 15-05
General Plan Land Use Designation Changes
Property From: To:
A. 213-050-38 PI 0
B.
C.
zc 15-05
Property
A. 213-050-38
B.
C.
Exhibit "ZC 15-05"
January 21, 2016
Hulse Orthodontics Medical Office
EXISTING
PROPOSED
Related Case File No(s): GPA 15-04
Zoning Designation Changes
From: To:
P-M 0