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HomeMy WebLinkAbout2018-10-03; Planning Commission; Resolution 7310 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN LAND USE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, A ZONE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, AND AN AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN TO APPLY OFFICE ZONE STANDARDS TO LOT 1 ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK IN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: OAKMONT OF CARLSBAD CASE NO: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011 (DEV2017-0042) WHEREAS, Hannah Daugherty, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Ted Tchang, “Owner,” described as Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14926, filed in the office of the County Recorder of San Diego County, December 15, 2004 (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment, Zone Change, and Specific Plan Amendment, on file in the Carlsbad Planning Division, GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011 – OAKMONT OF CARLSBAD, as provided in Government Code Sections 65350 and 65453 et. seq. and Carlsbad Municipal Code Chapter 21.52; and WHEREAS, the proposed General Plan Amendment is set forth and attached in Exhibit GPA 2017- 0003 (changes to the General Plan Land Use Map), dated October 3, 2018; and WHEREAS, the proposed Zone Change is set forth and attached in the draft City Council Ordinance, Exhibit ZC 2017-0001 dated October 3, 2018; and WHEREAS, the proposed Specific Plan Amendment is set forth and attached in the draft City Council Ordinance, Exhibit “AMEND 2017-0011,” dated October 3, 2018; and WHEREAS, the Planning Commission did, on October 3, 2018, hold a duly noticed public hearing as prescribed by law to consider said request; and PLANNING COMMISSION RESOLUTION NO. 7310 PC RESO NO. 7310 -2- 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, Zone Change, and Specific Plan Amendment. 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 GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011 – OAKMONT OF CARLSBAD, based on the following findings: Findings: General Plan Amendment 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 October 3, 2018, including, but not limited to the following: a. Land Use and Community Design - The proposed project consists of a request for a General Plan Amendment to change the General Land Use designation from Planned Industrial (PI) to Office (O) and a Zone Change from Planned Industrial (P-M) to Office (O) to allow the construction and operation of a professional care facility that will provide shelter for Carlsbad residents in need of social interaction activities, medical care, dietary, exercising or other medically-recommended programs. Based on demographic projections this is a demand that will continue to grow. Providing such services within Carlsbad at various locations will meet the needs of Carlsbad residents. The general plan amendment will allow land uses that will be compatible with uses permitted on surrounding property by using high quality building materials, providing greater setbacks from adjacent open space habitat, and featuring strong architectural relief and interest that avoids a monotonous design. The amendment is necessary to respond to changing needs of the city and its inhabitants. In addition, an amendment to Office from Planned Industrial is not a significant deviation that would usurp the intent of the area. b. Mobility - The request for a General Plan Amendment to change the General Land Use designation from Planned Industrial (PI) to Office (O) will not create any adverse effects on mobility than what is already anticipated. The proposed project will generate an average daily trips (ADT) of 466 which is lower than the 900 ADT EIR 98-08 analyzed for the site. In addition, the project meets the parking requirements for the proposed use. A sidewalk and a class 2 bicycle facility exist on Faraday Avenue. Furthermore, organized shuttle buses offered by the facility shall assist residents with various needs at organized times, thus reducing traffic and demand for vehicle usage. PC RESO NO. 7310 -3- c. Noise - The request for a General Plan Amendment to change the General Land Use designation from Planned Industrial (PI) to Office (O) does not impact nor change the noise contours per the General Plan Noise Element. Lot 1 will remain outside the 60-70 CNEL noise contours per the General Plan Noise Element. The noise analysis for the project concludes that with standard building construction the noise levels of the interior of the building and outdoor activity areas will be below City standards. In addition, the MMRP of EIR 98-08 requires the project to comply with the standard that is currently in effect. d. Public Safety - The request for a General Plan Amendment to change the General Land Use designation from Planned Industrial (PI) to Office (O), will not impact public safety given the type of use and location. The proposed buildings are designed to be in conformance with drainage, flood control and seismic design standards. The project will meet all required Building and Fire codes. In addition, adequate fire access is provided at all points around the building. e. Sustainability – The request for a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) to Office (O) required an analysis of the potential change in greenhouse gas emissions. As a result a Greenhouse Gas Analysis was prepared for the professional care facility. The conclusions of the analysis is that the proposed facility would produce approximately 863 MTCO2e annually. The projected emissions are less than the 900 MTCO2e screening criterion. By emitting less than 900 MTCO2e the project will not contribute considerably to cumulative climate change impacts, and therefore does not need to demonstrate consistency with the CAP. Zone Change 2. 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 the Office zoning designation implements the Office General Plan Land Use designation and is compatible with adjacent open space and planned industrial land uses by using high quality building materials, providing greater setbacks from adjacent open space habitat, and featuring strong architectural relief and interest that avoids a monotonous design. 3. 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 proposed Zone Change from Planned Industrial (P-M) to Office (O) will create consistency between the General Plan and zoning designations for the property. 4. 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 professional care facility permitted in the Office zone will provide shelter for Carlsbad residents in need of social interaction activities, medical care, dietary, exercising or other medically-recommended programs. Based on demographic projections the demand for professional care facilities will continue to increase. The project is not detrimental to the public interest, health, safety, convenience or general welfare. PC RESO NO. 7310 -4- Specific Plan Amendment 5. The proposed amendment as described by the fourth amendment to Specific Plan 211, is consistent with the provisions of the General Plan in that complies with the goals, objectives, and policies of the various elements of the General Plan and can therefore be found to be consistent with the General Plan. In addition, the amendment promotes growth of various land uses, and provides enhanced opportunities for a new professional care facility in a desirable location. 6. The proposed plan amendment to apply Carlsbad Municipal Code Chapter 21.27, Office Zone Standards to Lot 1 and to develop and operate a new professional care facility on Lot 1 will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that uses permitted in the Office zone are compatible with the adjacent open space and nearby light industrial uses. The use will not create negative noise, traffic, or visual impacts. Lastly, safe ingress and egress to the site is provided by access off of a private driveway from Faraday Avenue at a signalized intersection. 7. That the amended Carlsbad Oaks North Specific Plan will continue to be the controlling document for the development of the Carlsbad Oaks North Business Park, including Lot 1, that which be regulated by the Carlsbad Municipal Code Chapter 21.27, and will continue to further the objectives and policies of the General Plan and not obstruct their attainment. 8. The existing streets and thoroughfares are suitable and adequate to carry the anticipated traffic thereon in that proposed project will generate an average daily trips (ADT) of 466 which is lower than the 900 ADT EIR 98-08 analyzed for the site. In addition, the project meets the parking requirements for the proposed use. A sidewalk and a class 2 bicycle facility exist on Faraday Avenue. Furthermore, organized shuttle buses offered by the facility shall assist residents with various needs at organized times, thus reducing traffic and demand for vehicle usage. 9. 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. 10. 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 PC RESO NO. 7310 -5- by Developer or a successor in interest by the City’s approval of this General Plan Amendment, Zone Change, and Specific Plan Amendment. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan 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 General Plan Amendment, Zone Change, and 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 City Council approval, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of the fourth amendment to SP 211 AMEND 2017- 0011, in addition to six bound copies of AMEND 2017-0011. NOTICE 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.” 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 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 annul their imposition. 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 3, 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes, and Segall None None None MARTELL MONTGOMERY, hair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7310 -6-