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HomeMy WebLinkAbout2005-05-10; City Council; 18116; Invitrogen Recreation Facilities- CITY OF CARLSBAD -AGENDA BILL AB# 18,116 TITLE: MTG. 5/10/05 INVITROGEN RECREATION FACILITIES DEPT. PLN SP 180(G) n DEPT. HD. bf fl That the City Council INTRODUCE Ordinance No. Amendment SP 180(G) for the lnvitrogen Recreation Facilities. NS-754 , APPROVING the Specific Plan Project application (s) Administrative Reviewed by and Approva Is Final at Planning Commission Specific Plan Amendment SP 180(G) Conditional Use Permit X CUP 04-23 To be Reviewed - Final at Council X On April 6, 2005, the Planning Commission conducted a public hearing and voted 7-0 to recommended approval of a Specific Plan Amendment and approve a Conditional Use Permit for the lnvitrogen Recreation Facilities. The subject for the Specific Plan Amendment is the Carlsbad Research Center Specific Plan; the proposed recreational facility site would be located at the southeast corner of Faraday Avenue and Van Allen Way. Currently, the Carlsbad Research Center Specific Plan allows for industrial uses and some ancillary uses, such as cafeterias, but it is silent on ancillary recreational facilities (such as basketball courts or soccer fields). The proposed Specific Plan Amendment would add private recreational facilities associated with an existing industrial development as an allowed use within the Specific Plan area. The Amendment would also allow private ancillary recreational uses on vacant lot(s) adjacent to existing industrial development with approval of a Conditional Use Permit (CUP), provided that the vacant lot is under the same ownership as the developed lot. The purpose of the CUP is to ensure that the facility remain as a private recreational facility, solely for use by employees of the primary industrial use. lnvitrogen is proposing to develop a private, recreational facility that would be ancillary to their existing industrial development at the northern end of Van Allen Way. According to the proposed Specific Plan Amendment, this facility requires a Conditional Use Permit. The proposed facility would include a soccer field, jogging track, two basketball courts, and an open grass area for event tents. The facilities would be limited to use by lnvitrogen employees during daylight hours only, as there is no lighting proposed. There was no public testimony regarding the proposed Specific Plan Amendment and ancillary private recreational facility offered at the Planning Commission hearing. The proposal is consistent with the General Plan, Comprehensive Land Use Plan for McClellan-Palomar Airport, the Zoning Ordinance, and the intent of the Carlsbad Research Center Specific Plan. Therefore, staff and the Planning Commission recommend approval of the lnvitrogen Recreational Facilities proposal. ENVIRONMENTAL: The proposed Specific Plan Amendment and ancillary private recreational facility represents a minor adjustment in land use limitations and a minor alteration to land. Therefore, the project is exempt from further environmental documentation pursuant to Sections 15305 and 15304 of the State CEQA Guidelines. A Notice of Exemption will be filed upon final project determination. PAGE 2 OF AGENDA BILL NO. 18,116 Facilities Zone Growth Control Point Net Density Special Facility Fee Local Facilities Management Plan FISCAL IMPACT: 5 5 N/A N/A N/A The fiscal impacts to the City are negligible since any development fees required for the ancillary private recreational uses would be collected at the time of grading and/or building permit issuance. All public facilities needed to serve the ancillary private recreational uses are already in place or would be in place concurrent with development. GROWTH MANAGEMENT STATUS: EXHl BITS : 1. 0 rd i na nce No. NS-754 2. Location Map 3. 4. 5. Planning Commission Resolution No. 5875 Planning Commission Staff Report, dated April 6, 2005 Excerpt of Planning Commission Minutes, dated April 6, 2005. DEPARTMENT CONTACT: Michael Grim, (760) 602-4623, mgrim@ci.carlsbad.ca.us 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 ORDINANCE NO. NS-754 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD RESEARCH CENTER SPECIFIC PLAN (SP 180(G)) TO ALLOW ANCILLARY RECREATIONAL FACl LIT1 ES FOR DEVELOPED PROPERTIES WITHIN THE SPECIFIC PLAN AREA. CASE NAME: INVITROGEN RECREATIONAL FACILITIES CASE NO.: SP 180(G) WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and considered a Specific Plan Amendment to revise the list of permitted uses within Areas 1 and 2 to allow ancillary recreational facilities for developed properties within the Carlsbad Research Center; and WHEREAS, after procedures in accordance with the requirements of law, the City of Carlsbad has determined that the public interest indicates that said Specific Plan Amendment be approved. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That the CARLSBAD RESEARCH CENTER Specific Plan Amendment, SP 180(G), dated April 6, 2005, on file in the Planning Department and incorporated herein by reference, is approved. The Carlsbad Research Center Specific Plan Amendment shall constitute the zoning for the property and all development of the property shall conform to the Plan. The amendment to the specific plan is to allow ancillary recreational facilities for developed properties within the Carlsbad Research Center Specific Plan area. It requires the addition of the following item #13 to the list of Permitted Uses for Area 1, as found on page 13, and the addition of the following item #9 to the list of Permitted Uses for Area 2, as found on page 14, to read as follows: “Ancillary recreational facilities are allowed by right on any developed lot, provided they are designed and operated only to serve the occupants of that developed lot. Ancillary recreational facilities are allowed by Conditional Use Permit on any adjacent undeveloped lot, provided that lot is owned by the same property owner as the developed lot for 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 which the recreational facilities are intended to serve and provided that the facilities are designed and operated only to serve the occupants of that developed lot.” SECTION 2: That the findings and conditions of Planning Commission Resolution No. 5875 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 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 10th day of May 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- 4 EXHIBIT 2 INVITROGEN RECREATION FACILITIES SP 180(G) 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 ’ EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5875 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. SP 180(G) TO ALLOW ANCILLARY RECREATIONAL FACILITIES FOR DEVELOPED PROPERTIES WITHIN THE CARLSBAD RESEARCH CENTER IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: INVITROGEN RECREATIONAL FACILITIES CASE NO.: SP 180(G) WHEREAS, Invitrogen, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Those portions of lots “F” and “G” of Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the County Recorder of the County of San Diego on November 16,1896, as described in Specific Plan SP 180, on file with the City Clerk of the City of Carlsbad, in the County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Specific Plan Amendment as shown on Exhibit “X” dated April 6, 2005, attached hereto and on file in the Carlsbad Planning Department, INVITROGEN RECREATIONAL FACILITIES - SP 180(G) as provided by SP 180 and Government Code Section 65.453; and WHEREAS, the Planning Commission did, on the 6th day of April, 2005, 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 June 12, 2001, the City Council approved SP 180(F), as described and conditioned in Planning Commission Resolution No. 4943 and City Council Resolution Ordinance No. NS-585. 6 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 I 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 INVITROGEN RECREATIONAL FACILITIES - SP 180(G) based on the following findings and subject to the following conditions: Findingg: 1. 2. 3. 4. 5. The proposed development as described by the Specific Plan (SP 180(G)) is consistent with the provisions of the General Plan, in that the proposed private recreational uses is ancillary to the existing and allowed industrial and office uses; no additional traffic would be generated by the proposed ancillary private recreational areas, and outdoor recreational facilities are compatible with the aircraft noise contours up to 70 dBA CNEL. The proposed development as described in Specific Plan (SP 180(G)) is consistent with the provisions of the Comprehensive Land Use Plan for McClellan-Palomar Airport in that no portion of the Carlsbad Research Center Specific Plan area is located within the Runway Protection Zone or Flight Activity Area and outdoor recreational facilities are compatible with the aircraft noise contours up to 70 dBA CNEL. The proposed plan would not be detrimental to the public interest, health, safety, convenience or welfare of the City, in that the ancillary uses would be incidental to the existing, allowed office and industrial uses; would not produce additional traffic generation, and would not expose people to harmful levels of aircraft noise. 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, in that the proposed private recreational facilities would be located on .an existing lot or a vacant adjacent lot within the developed Carlsbad Research Center Specific Plan area, both of which have public utility and service infrastructure available on site or at the lot frontage. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that no additional traffic would be generated by the proposed ancillary private recreational uses. Conditions: 1. 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 PC RES0 NO. 5875 -2- 7 10 11 12 13 14 -1 5 16 17 18 19 20 21 22 23 24 25 26 27 28 substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy and a camera ready master copy of the amendment proposed through the SP 180(G) Plan, in addition to the required number of bound copies. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafler collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. 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 feedexactions 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. ... ... ... ... ... ... PC RES0 NO. 5875 -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, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of April 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman, Montgomery and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: CARLSBAD PLANNING COMMISSION A TEST: & DON NEU Assistant Planning Director PC RES0 NO. 5875 -4- P The City of Carlsberd Planning Department = EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION ItemNo. @- P.C. AGENDA OF: April 6,2005 ~~ ~ Application complete date: January 18; 2005 Project Planner: Michael Grim Project Engineer: John Maashoff SUBJECT: SP 18O(G)/CUP 04-23 - INVITROGEN RECREATION FACILITIES - Request for a Specific Plan Amendment and Conditional Use Pennit to revise the Carlsbad Research Center Specific Plan to allow ancillary recreational facilities within the Specific Plan area and to develop a multi-use recreational facility on Invitrogen property, generally located at the southeast comer of Faraday Avenue and Van Allen Way, in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5875, RECOMMENDING APPROVAL of Specific Plan Amendment SP 180(G) and ADOPT Planning Commission Resolution No. 5876 APPROVING Conditional Use Permit CUP 04-23, based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The proposal involves a Specific Plan Amendment to the Carlsbad Research Center (CRC) Specific Plan to allow ancillary recreational facilities for existing uses and a Conditional Use Permit to allow the development of a multi-use recreational facility for Invitrogen, located on the southeast comer of Faraday Avenue and Van Allen Way. The Specific Plan Amendment would allow on-site ancillary recreational facilities by right and require a Conditional Use Permit for ancillary recreational facilities on adjacent sites under the same ownership. The project site is currently vacant, with turf and perimeter fencing. The project meets all applicable regulations and staff has no issues with the proposal. 111. PROJECT DESCRIPTION AND BACKGROUND Invitrogen Corporation is requesting approval of a Specific Plan Amendment and Conditional Use Permit (CUP) to allow the development of a private recreational facility ancillary to their existing complex on Van Allen Way. The project site is located on the southeast comer of Van Allen Way and Faraday Avenue, adjacent to the existing Invitrogen building. The site is designated Planned Industrial (PI) in the City’s General Plan, is zoned Heavy Commercial-Light Industrial (C-M), and is located within the CRC Specific Plan area (SP 180). To the north and west of the site is the Invitrogen building complex. South of the site, across Faraday Avenue, is the Islands commercial center. East of the site, across College Boulevard, is the Marriott Residence Inn. The 8.95-acre in-fill site is currently vacant and planted with turf. SP 180(G)/CUP 04-23 - INVITROGEN RECREATIONAL FACILITIES April 6,2005 Page 2 The proposal has two components: a Specific Plan Amendment to add ancillary recreational facilities to the list of uses allowed within the CRC Specific Plan; and a CUP to allow the ancillary recreational uses to be located on a lot adjacent to the primary use and under the same ownership. Each of these components is described below: Specific Plan Amendment: The CRC Specific Plan lists all of the uses allowed within the industrial park. The park is divided into two use areas: Area 1, which covers most of the park, allows light and medium industrial uses, research and development uses, industrial support and service uses, and business and professional office uses. Area 2, located at the intersection of Faraday Avenue and El Camino Real and the intersection of College Boulevard and Faraday Avenue, allows for community, regional service, and travel service commercial uses, industrial support uses, and business and professional office uses. The Specific Plan does not mention recreational uses, whether they are a primary or ancillary use, however it is common for individual sites within industrial parks to have private recreational facilities such as basketball hoops or volleyball courts. In most cases, there is limited space to provide any substantial recreational improvements, leading these facilities to be minor in nature. Some occupants of the CRC, however, have large lots andor multiple properties, affording them ample space to develop larger recreational facilities. The proposed Specific Plan Amendment would add private recreational facilities to the list of allowed uses in both Area 1 and 2. In addition, the Specific Plan Amendment would allow, through approval of CUP, the private recreational facilities to be located on a lot adjacent to the primary use and under the same ownership. The requirement for the CUP assures that the recreational facility use of the property remains as a private, ancillary use. No commercial or public recreational events or operations would be permitted. The CUP would also be conditioned such that both the primary use lot and ancillary recreational use lot must remain under common ownershp. Should one of the properties be transferred without the other, the CUP would become void and the private recreational use must be abated. Conditional Use Permit: In accordance with the proposed Specific Plan Amendment, the Invitrogen Recreational Facilities project involves a CUP to allow the private recreational facility to be located on an adjacent lot under the same ownership. The proposed 8.97-acre site would include a soccer field, two half- court basketball areas, amphitheater with open seating, 0.25-mile par course, and an open grass area suitable for up to 50 foot by 100-foot event tents. The entire site would be enclosed with a perimeter fence and the existing landscaping along the three street frontages would remain. The recreational facilities would be limited to use by Invitrogen employees and no commercial or public use would be allowed. Therefore no additional traffic would be generated by the proposed use and, upon cessation of the recreational use, the site could be developed with office uses or community, regional service, or travel service commercial uses as envisioned by the Specific Plan. - SP 180(G)/CUP 04-23 - NITROGEN RECREATIONAL FAClLITIES April 6,2005 Element Land Use Circulation Noise The Invitrogen Recreational Facilities proposal is subject to the following regulations: ~ _____~ Use Classification, Goal, Objective or Program Proposed Use and Improvements The proposed private recreational use(s) is ancillary to the existing and allowed industrial and office uses. Recreational facilities proposed with the Specific Plan Amendment and CUP would be ancillary to existing uses and, therefore, would not generate any additional traffic and would not necessitate any additional circulation improvements. Encourage development of The proposed ancillary outdoor compatible land uses and recreational facilities are restrict incompatible land uses compatible with the aircraft noise surrounding airport facilities. contours up to 70 dBA CNEL that cover the southern portion of the CRC . The area is designated for Planned Industrial uses. To provide an adequate circulation infiastructure concurrent with or prior to the actual demand for such facilities. A. General Plan; B. C. D. E. F. Carlsbad Research Center Specific Plan (SP 18 1 and its amendments); Comprehensive Land Use Plan for McClellan-Palomar Airport Heavy Commercial-Light Industrial Zone (Chapter 2 1.30 of the Zoning Ordinance); Conditional Use Ordinance (Chapter 21.42 of the Zoning Ordinance); Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance). IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. General Plan The Invitrogen Recreational Facilities proposal is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the recreational development request are the Land Use, Circulation, and Noise elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 - GENERAL PLAN COMPLIANCE Compliance Yes Yes Yes SP 180(G)/CUP 04-23 - INVITROGEN RECREATIONAL FACILITIES p. April 6,2005 Given the above, the Invitrogen Recreational Facilities proposal is consistent with the applicable portions of the City’s General Plan. B. Carlsbad Research Center Specific Plan The Carlsbad Research Center (CRC) Specific Plan was originally approved in 1981 and has been amended several times, most recently in 2001. As stated on page one of the Specific Plan, one of the stated purposes of the plan is to “. . .create a working environment sensitive to human needs and values.. .” In concert with that purpose, several features and uses are listed as required or allowed within the plan area. These features and uses include mini-parks for common outdoor eating and passive recreation as well as employee cafes or auditoriums incidental to a permitted use. The proposed amendment to add ancillary private recreational uses is in keeping with the stated purpose of a sensitive working environment by providing for additional recreational activities for employees. The proposed private recreational uses would be permitted uses if provided on the same lot as the permitted use that they intend to serve. If the recreational facilities are to be placed on an adjacent lot, then approval of a CUP would be required. Since the permitted uses within the CRC are limited to industrial and office uses and incidental on-site uses, the requirement of a CUP would preclude the placement of recreational facilities as a primary use and the consumption of industrially designated land for commercial recreational purposes. Given the above, the proposal is consistent with the intent and purpose of the CRC Specific Plan. C. Comprehensive Land Use Plan for McClellan-Palomar Airport The CRC is located withm the Airport Influence Area for the McClellan-Palomar airport and, therefore, is subject to the regulations contained in the Comprehensive Land Use Plan (CLUP) for that airport. The CLUP essentially controls land uses through two mechanisms: flight activity zone restrictions and aircraft noise exposure compatibility. The CRC is not located within the flight activity zone for the airport, therefore none of those land use restrictions would apply. The southern portion of the CRC is covered by a series of aircraft noise contours; namely the 60, 65, and 70 &A CNEL (Community Noise Equivalent Level) contours. According to the Noise/Land Use Compatibility Matrix contained in the CLUP, outdoor recreational uses are compatible within the noise contours listed above. Therefore, the proposed Specific Plan Amendment and CUP for the Invitrogen Recreational Facilities is consistent with the CLUP for McClellan-Palomar Airport. D. Heavy Commercial-Light Industrial Zone The underlying zone of the CRC is Heavy Commercial-Light Industrial (C-M) and, therefore, properties within the CRC are subject to the provisions contained in Chapter 21.30 of the Zoning Ordinance, except as modified by the CRC Specific Plan (SP 180). The C-M zone contains regulations governing permitted uses, conditional uses and physical development standards. The SP 1 8O(G)/CUP 04-23 - INVITROGEN RECREATIONAL FACILITIES April 6,2005 development standards contained in the C-M zone are building height, fi-ont and side yards, placement of buildings, and employee eating areas. The use restrictions of the C-M zone are modified by a list of permitted uses for Areas 1 and 2 contained in SP 180. The permitted uses in the Specific Plan are more restrictive than those in the C-M zone. The C-M zone development standards are also covered, and thus modified, by the CRC Specific Plan. Given the above, the CRC Specific Plan modifies all regulations contained in the C-M zone and, therefore, no consistency with the C-M zone is needed for the proposed actions . E. Conditional Use Ordinance According to the proposed Specific Plan Amendment, ancillary recreational facilities located on an adjacent, vacant lot under the same ownership as the developed lot, may be allowed with the approval of-a CUP. CUPS are processed pursuant to the provisions contained in Chapters 21.42 and 21.50 of the Zoning Ordinance. Four findings must be made in order to approve a CUP. These findings, elaborated in Planning Commission Resolution No. 5876, deal mostly with the project’s consistency with the General Plan, desirability for the community, and compatibility with its site and surroundings. The proposed ancillary recreational facilities are desirable for the community in that they provide for private recreational alternatives for the daytime population of the industrial use. The proposed recreational facilities would not involve any significant structures and would be surrounded with landscaping, therefore there are no issues of compatibility of the uses with the surroundings. All proposed improvements can fit on the site without the need for significant modifications to the site. The ancillary recreational facilities would only be used by the Invitrogen employees and would not generate any additional traffic. Given the above, the Invitrogen Recreational Facilities proposal is consistent with the Conditional Use Ordinance. F. Growth Management Ordinance The proposed Invitrogen Recreational Facilities project is a non-residential project, therefore many of the Growth Management Program performance standards do not apply. Table 2 below details the project’s compliance with those applicable standards. SP 180(G)/CUP 04-23 - NITROGEN RECREATIONAL FACILITIES April 6,2005 Page 6 The Invitrogen Recreational Facilities site is located within Local Facilities Management Zone 5. No special development requirements, such as roadway construction or other infrastructure requirements, apply to this project. The Local Facilities Management Plan (LFMP) contains a special zone fee of 40 cents per square foot for new construction; however, there are no habitable structures proposed with the project and no fee is due. The LFMP also requires that all facilities necessary to serve the project be in place prior to, or concurrent with, need. The site already has access to all necessary facilities within the Van Allen Way improved right-of-way. Therefore, the proposed project is consistent with the Growth Management Ordinance and the Zone 5 LFMP . V. ENVIRONMENTAL REVIEW The proposed Specific Plan Amendment that would allow ancillary recreational uses constitutes a minor adjustment in land use limitations and is therefore exempt from further environmental documentation pursuant to Section 15305 of the State CEQA Guidelines. The proposed development of a private recreational facility for Invitrogen qualifies as a minor alteration to land pursuant to Section 15304 of the State CEQA Guidelines. A Notice of Exemption will be filed upon final project determination. ATTACHMENTS: 1. 2. 3. Location Map 4. Disclosure Statement 5. Background Data Sheet 6. Planning Commission Resolution No. 5875 (SPA) Planning Commission Resolution No. 5876 (CUP) Exhibits “A” - “H” dated April 6,2005 -- - city of carlsbad DISCLOSURE ST-ATEZIEST Sote: Person is d:imed as ".a? mdividuai, fi co-pmcrshlp. jornt venrure. assoamon. sod Club. frJtcma1 organlzation. corporation. estate. mst. receiver. spjlcarc. LTI this and an! other couon. cip ana COUP. ClP municipalit). aisrnct or other polincal subdivision or any ohcr group or combmanon acnng as a ui: '* Agents-may sign this document; however. the legal name and enrip of the applicant and propen). owcr must be prowded below. 1 APPLICAYT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of persons havq a financial interest in tire application. If the applicanr. includes a comorarion or uarmcrshtu. include the names, title, addresses of all indimduals owning more than 10% of the shares. IF NO APPLICABLE (WA) IK THE SPACE BELOW If a publiciv-owned comora~~on. include the names. titles. and addresses of the corporate officers. (A separate page may be anached if h'DI\.'IDUALS OWN MORE THAN 107; OF THE SH.-S. PLE.L\SE INDICATE NON- necessary.) / Person CorpPan -. 7 OHTER (Not the owner's agent) , Provide the COMPLETE. LEGAL names and addresses of a persons havrnp any ownership interest in the propeny involved. -41~0. provide the nature of the legal ownership (I.c. parmaship. tenants in common, non-profit, corporation. etc.). If the ownership tncludes a comoration or Dannershh, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE VIA) M THE SPACE BELOW. If a publiclv- owned cornontion, include the names. titles. and addresses of the corporate officers. (A separate page may be anachcd if necessary.) Title Address J .. . - Have you nad mort than S30 wonh of business nansacted 5v1ti.l an) mernbcr oi CI? sxf: Board;. Cor.missions. Commxnees andor Council uithin rhc pas1 n\.ei\.:: ( 12) man:;'.;" - Y:s If yes, please mdicatc$crson(s): .VOTE: Amch additional sheets if necessary. I cenifi that all the above information is me and correct to thc best of my houitdge. * c- Signature of applicanvdate pr-w++-L c. Ev;r b*iww Sipnarure of osmericiarGI Pnnt or rype name of ountr hnt dr type name ofapplicant Signarurc of ouner/applicant's agent if applicableidate ~~- Print or rype name of ownertapplicant's agent i 17 @ Invitrogen life technologies Invitrogen Corporation Corporate Officers Gregory T. Lucier President and Chief Executive Officer Invitrogen Corporation 1600 Faraday Avenue Carlsbad, CA 92009 C. Eric Winzer Chief Financial Officer Invitrogen Corporation 1600 Faraday Avenue Carlsbad, CA 92009 John A. Cottingham Sr. Vice President, General Counsel, and Secretary Invitrogen Corporation 1600 Faraday Avenue Carlsbad, CA 92009 David H. Smith Vice President, Tax and Treasury, and Treasurer Invitrogen Corporation 1600 Faraday Avenue Carlsbad, CA 92009 . Invitrogen Corporation 1600 Faraday Avenue Carlsbad, California 92008 P 760 603 7200 F 760 602 6500 . www.invitrogen.com BACKGROUND DATA SHEET CASE NO: SP 180(G)/CUP 04-23 CASE NAME: Invitrogen Recreational Facilities APPLICANT: Invitrogen REQUEST AND LOCATION: Specific Plan Amendment to allow ancillary recreational facilities within the Carlsbad Research Center and a Conditional Use Permit for the development of a multi-use recreation area on vacant Invitrogen proDertv, generally located at the northeast comer of Faraday Avenue and Van Allen Way, in Local Facilities Management Zone 5. LEGAL DESCRIPTION: Parcels 1, 3, and 4 of Parcel Map 1797 1. filed in the Office of the Country Recorder of San Diego County on December 24, 1997, in the City of Carlsbad, County of San Diego, State of California. APN: 212-130-44, -49 Acres: 8.95 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: Planned Industrial (Pn Density Allowed: N/A Existing Zone: C-M Surrounding Zoning, General Plan and Land Use: Density Proposed: N/A Proposed Zone: N/A zoning General Plan Current Land Use Site C-M PI Vacant North C-M PI Industrial South C-M PI Commercial East C-M PI Hotel West C-M PI Industrial PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 0 ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued u Certified Environmental Impact Report, dated Other, Exempt pursuant to Sections 15304 and 15305 of the State CEQA Guidelines Planning Commission Minutes DRAFT Pae4 EXHIBIT 5 April 6,2005 7. SP i80(G)/CUP 04-23 - INVITROGEN RECREATION FACILITIES - Request for a Specific Plan Amendment and Conditional Use Permit to revise the Carlsbad Research Center Specific Plan to allow ancillary recreational facilities within the Specific Plan area and to develop a multi-use recreational facility on lnvitrogen property, generally located at the southeast corner of Faraday Avenue and Van Allen Way, in Local Facilities Management Zone 5. Mr. Neu introduced agenda Item 7 and stated Senior Planner Michael Grim would make the Staff presentation. Mr. Grim gave stated the project is located at the southeast corner of Faraday Avenue and Van Allen Way, and stated the buildings near the site are owned and operated by Invitrogen. He explained the Specific Plan Amendment would allow private recreational facilities that are ancillary to existing industrial uses within Carlsbad Research Center, and the Conditional Use Permit would allow an ancillary private recreational facility on lnvitrogen property adjacent to the existing industrial development. He stated the Specific Plan Amendment is needed because the current Specific Plan is silent on recreational facilities. Mr. Grim gave a description of the types of recreational facilities that could be used on the site and adjacent property. Staff recommended the facility be solely for private use of employees, restricting public use; however, should the Recreation Department and the property owner wish to work out an agreement for a joint use, the Conditional Use Permit could be amended with additional analysis. This site is 8.95-acre site, which is currently vacant with turf and fencing. The proposed improvements will include a sports field, jogging course, basketball courts and area for events tents. The area is almost completely surrounded by roadways. Staff has reviewed the project and found it to be in compliance with all applicable policies. Mr. Grim concluded his presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of Staff Commissioner Cardosa asked if there was a time designation allowed for event tents. Mr. Grim stated the decision is left to the discretion of the property owners when there is not a special event requiring City control for safety and right-of-way. Chairperson Segall asked for clarification in regards to a tent being left up for multiple days and would it fall under what the intent would be for the area. Mr. Grim stated he did not believe it would, but tent are subject to building and fire code requirements. Chairperson Segall asked if there were any other questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Troy Gardner, Director of Global Facilities with lnvitrogen, stated that the purpose of the recreational facilities is another means to invest in Carlsbad, and attract future employees. He gave a brief description of the history of the company and its growth. Mr. Gardner stated that they would like to provide another amenity providing a safe and healthy environment for their employees. He explained that the event tents were for day events held quarterly. The enhancement of the area with a recreational facility would be an improvement of a plain field. Mr. Gardner concluded his presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions for the applicant. Commissioner Baker asked the position of lnvitrogen for evening/weekend use, as well as security availability. Mr. Gardner stated that the site would be fenced and locked when not in use, and would be for employee day use. He further stated that there is on-site security responsible for the area. Mr. Gardner stated that weekend use might be allowed only if security is on site; however, there is no lighting for evening use. Commissioner Baker asked if it would be available for something like youth soccer if security were on site. Mr. Gardner stated only at the convenience of having security personnel involved; however the proposed permit allows for employee use only. He further stated that any other uses would need to be coordinated with Staff. Planning Commission Minutes April 6, 2005 Page 5 Commissioner Montgomery complimented the facility, and asked if in the future it would be open to have a public event. Mr. Gardner stated that it would be taken under consideration and coordination of lnvitrogen Senior Management and City of Carlsbad Planning Staff. He further stated that there would also be liability concerns to take into consideration. Jane Mobaldi, Assistant City Attorney, stated the area is in a Planned Industrial Zone and is limited to the intent of the zone. She recommended that the Planning Commission not discuss in detail public use of the facility, as it has not been analyzed in light of the code requirements. Commissioner Cardosa asked if the parking area adjacent to lnvitrogen is gated, and the location of the facility entrance. Mr. Gardner stated that parking is open to provide parking to employees at all times, and to discourage parking on the street. He stated the location of the entrance would be on the far right hand side of the site. Mr. Cardosa asked for clarification of use on weekends and if they would have access to the parking area. Mr. Gardner stated that the parking is open in the event it is used on the weekends. Commissioner Baker asked if there are any other long-term plans for this area. Mr. Gardner stated that with continued growth for the company it would be considered for additional buildings, but this is an interim step to gain use out of the area. Chairperson Segall asked if there were any other questions of Staff or if any members of the audience wished to speak on the item. Seeing none, he opened and closed Public Testimony. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5875 and 5876, recommending approval Specific Plan 180(G), and Conditional Use Permit 04- 23, based on the findings and subject to the conditions contained therein. DISCUSSION Chairperson Segall complimented and thanked lnvitrogen on their efforts in improving the area, and hopes that other employers will continue to do the same. VOTE: 6-0 AYES: Chairperson Segall, Commissioners Baker, Cardosa, and Heineman, and NOES: None ABSENT: Commissioner Dominguez Montgomery PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April 30fh, 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 02nd Day of May, 2005 Signature Jane Olson NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk's Filing Stamp Proof of Publication of I I NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, May 10, 2005, to consider a request for approval of a Specific Plan Amendment to revise the Carlsbad Research Center Specific Plan to allow ancillary recreational facilities within the Specific Plan area and to develop a multi-use recreational facility on lnvitrogen property, generally located at the southeast corner of Faraday Avenue and Van Allen Way, in Local Facilities Management Zone 5 and more palticularly described as: Parcels 1, 3 and 4 of Parcel Map 17971, filed in the Office of the Country Recorder of San Diego County on December 24, 1997, in the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available after May 6,2005. If you have any questions, please call Michael Grim in the Planning Department at (760) 602-4623. If you challenge the Specific Plan Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: Clty Clerk, 1200 Carlsbad Village Drive, Carlsbad CA 92008 at, or prior to, the public hearing. CASE FILE: SP I80(G) CASE NAME: INVITROGEN RECREATION FACILITIES PUBLISH: April 30,2005 CARLSBAD CITY COUNCIL INVITROGEN RECREATION FACILITIES - SP 180(G) @ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, May 10, 2005, to consider a request for approval of a Specific Plan Amendment to revise the Carlsbad Research Center Specific Plan to allow ancillary recreational facilities within the Specific Plan area and to develop a multi-use recreational facility on lnvitrogen property, generally located at the southeast corner of Faraday Avenue and Van Allen Way, in Local Facilities Management Zone 5 and more particularly described as: Parcels 1, 3 and 4 of Parcel Map 17971, filed in the Office of the Country Recorder of San Diego County on December 24, 1997, in the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available after May 6, 2005. If you have any questions, please call Michael Grim in the Planning Department at (760) 602-4623. If you challenge the Specific Plan Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad CA 92008 at, or prior to, the public hearing. CASE FILE: SP 180(G) CASE NAME: INVITROGEN RECREATION FACILITIES PUBLISH: April 30, 2005 CITY OF CARLSBAD CITY COUNCIL SITE INVITROGEN RECREATION FAC I L IT1 ES SP 180(G) Utilisez le gabarit 5160@ - 1 -800-GO-AVERY - CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 \"w.avew.com Impression antibourrage et a sechage rapide - LAFCO 1600 PACIFIC HWY SAN DIEGO CA 921,Ol U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD RECREATION AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SANDIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC W ORKS/ENG I N EERl NG JOHN MAASHOFF DEPT- PROJECT ENGINEER CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 SD COUNTY PLANNING STE B 5201 RUFFIN RD SANDIEGO CA 92123 I .P. U .A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD PROJECT PLANNER MICHAEL GRIM CObP ink Jet Lab& PDG CARLSBAD 47 & 48 LP 1890 RUTHERFORD RD CARLSBAD CA 92008 Use temp ISL ND@( LLC \ YT PARTNERS LP 5807 VAN ALLEN CARLSBAD CA 92008 PDG CARLSBAD 47& 48 LP 1891 RUTHERFORD RD CARLSBAD CA 92008 INVITROGEN CORPORATION 5784 VAN ALLEN WAY CARLSBAD CA 92008 W 58* CARLSBAD 0- " 9 1: CARLSBAD HHG HOTEL DEVELOPMENT LP .. :. CARLSBAD CA 92008 i 1.' 2000 FARADAY AVENUE c' CALWEST INDUSTRIAL HOLDINGS INC 5781 VAN ALLEN WAY CARLSBAD CA 92008 SYSTEMS -MACHINES AUTOMATION COMPONETS 1695 FARADAY AVE CARLSBAD CA 92008 PROPERTIES www aw -- 1 -800-GO-AVERY (462-83 79) mAmY@ 8250rM ~-~ -- Invitrogen Invitrogen Recreational Recreational FacilitiesFacilitiesSP 180(G) SP 180(G) Project DescriptionProject Description„„Specific Plan Amendment to allow private Specific Plan Amendment to allow private recreational facilities ancillary to existing recreational facilities ancillary to existing industrial uses within Carlsbad Research industrial uses within Carlsbad Research Center. Center. Specific Plan AmendmentSpecific Plan Amendment„„Currently Carlsbad Research Center Currently Carlsbad Research Center Specific Plan is silent on ancillary Specific Plan is silent on ancillary recreational facilities.recreational facilities.„„Private recreational facilities are a Private recreational facilities are a beneficial and desirable use for employees beneficial and desirable use for employees in industrial area.in industrial area.„„Proposed amendment to allowed and Proposed amendment to allowed and conditional uses within the entire Specific conditional uses within the entire Specific Plan area.Plan area. Specific Plan AmendmentSpecific Plan Amendment„„Allow ancillary recreational facilities on Allow ancillary recreational facilities on same lot by right.same lot by right.„„Allow ancillary recreational facilities on Allow ancillary recreational facilities on adjacent lot under same ownership by adjacent lot under same ownership by Conditional Use Permit.Conditional Use Permit.„„Must remain under same ownership.Must remain under same ownership.„„Must be solely for private use of employees Must be solely for private use of employees ––no public use (e.g. sports leagues).no public use (e.g. sports leagues). Previous ActionsPrevious Actions„„On April 6, 2005, the Planning Commission On April 6, 2005, the Planning Commission recommended approval of Specific Plan recommended approval of Specific Plan Amendment SP 180(G); andAmendment SP 180(G); and„„Approved Conditional Use Permit CUP 04Approved Conditional Use Permit CUP 04--23 for the 23 for the InvitrogenInvitrogenprivate recreational private recreational facility, subject to approval of the Specific facility, subject to approval of the Specific Plan Amendment.Plan Amendment. Project ComplianceProject Compliance„„General PlanGeneral Plan„„Carlsbad Research Center Specific PlanCarlsbad Research Center Specific Plan„„Zoning OrdinanceZoning Ordinance––Heavy CommercialHeavy Commercial--Light Industrial zoneLight Industrial zone––Conditional Use OrdinanceConditional Use Ordinance––Growth Management OrdinanceGrowth Management Ordinance„„McClellanMcClellan--Palomar Airport CLUPPalomar Airport CLUP„„California Environmental Quality ActCalifornia Environmental Quality Act RecommendationRecommendation„„That the City Council introduce Ordinance That the City Council introduce Ordinance No. NSNo. NS--754, approving Specific Plan 754, approving Specific Plan Amendment SP 180(G).Amendment SP 180(G). Invitrogen Invitrogen Recreational Recreational FacilitiesFacilitiesSP 180(G) SP 180(G) Project DescriptionProject Description„„Specific Plan Amendment to allow private Specific Plan Amendment to allow private recreational facilities ancillary to existing recreational facilities ancillary to existing industrial uses within Carlsbad Research industrial uses within Carlsbad Research Center. Center. Specific Plan AmendmentSpecific Plan Amendment„„Currently Carlsbad Research Center Currently Carlsbad Research Center Specific Plan is silent on ancillary Specific Plan is silent on ancillary recreational facilities.recreational facilities.„„Private recreational facilities are a Private recreational facilities are a beneficial and desirable use for employees beneficial and desirable use for employees in industrial area.in industrial area.„„Proposed amendment to allowed and Proposed amendment to allowed and conditional uses within the entire Specific conditional uses within the entire Specific Plan area.Plan area. Specific Plan AmendmentSpecific Plan Amendment„„Allow ancillary recreational facilities on Allow ancillary recreational facilities on same lot by right.same lot by right.„„Allow ancillary recreational facilities on Allow ancillary recreational facilities on adjacent lot under same ownership by adjacent lot under same ownership by Conditional Use Permit.Conditional Use Permit.„„Must remain under same ownership.Must remain under same ownership.„„Must be solely for private use of employees Must be solely for private use of employees ––no public use (e.g. sports leagues).no public use (e.g. sports leagues). Previous ActionsPrevious Actions„„On April 6, 2005, the Planning Commission On April 6, 2005, the Planning Commission recommended approval of Specific Plan recommended approval of Specific Plan Amendment SP 180(G); andAmendment SP 180(G); and„„Approved Conditional Use Permit CUP 04Approved Conditional Use Permit CUP 04--23 for the 23 for the InvitrogenInvitrogenprivate recreational private recreational facility, subject to approval of the Specific facility, subject to approval of the Specific Plan Amendment.Plan Amendment. Project ComplianceProject Compliance„„General PlanGeneral Plan„„Carlsbad Research Center Specific PlanCarlsbad Research Center Specific Plan„„Zoning OrdinanceZoning Ordinance––Heavy CommercialHeavy Commercial--Light Industrial zoneLight Industrial zone––Conditional Use OrdinanceConditional Use Ordinance––Growth Management OrdinanceGrowth Management Ordinance„„McClellanMcClellan--Palomar Airport CLUPPalomar Airport CLUP„„California Environmental Quality ActCalifornia Environmental Quality Act RecommendationRecommendation„„That the City Council introduce Ordinance That the City Council introduce Ordinance No. NSNo. NS--754, approving Specific Plan 754, approving Specific Plan Amendment SP 180(G).Amendment SP 180(G).