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HomeMy WebLinkAbout2007-05-16; Planning Commission; ; GPA 04-20|ZC 04-15|LCPA 06-05|CDP 03-03|SDP 03-01 - KELLY / JRM OFFICE BUILDINGr .ty of Carlsbad Planning DepartmeH A REPORT TO THE PLANNING COMMISSION P .C. AGENDA OF: May 16, 2007 ltemNo. 0 Application complete date: May 16, 2007 Project Planner: Van Lynch Project Engineer: David Rick SUBJECT: GPA 04-20/ZC 04-15/LCPA 06-05/CDP 03-03/SDP 03-01 -KELLY/JRM OFFICE BUILDING -Request for a recommendation of approval to adopt a Consistency Determination for the McClellan-Palomar Airport Comprehensive Land Use Plan and to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and a recommendation of approval of a General Plan Amendment to change the General Plan Land Use and Open Space and Conservation Element designations from Planned Industrial and Unplanned Area to Open Space on a portion of the site, a Zone Change to change the Zoning designation from Planned Industrial-Qualified Development Overly Zone to Open Space on a portion of the site, a Local Coastal Program Amendment, and a Coastal Development Permit; and a request for approval of a Site Development Permit to develop a 5.9-acre parcel with a 84,894 square foot office buildings located on the southeast comer of Palomar Airport Road and A viara Parkway in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6296 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions No. 6297, 6298, 6299 and 6300 RECOMMENDING APPROVAL of General Plan Amendment 04-20, Zone Change 04-15, Local Coastal Program Amendment 06-05 and Coastal Development Permit 03-03 and ADOPT Planning Commission Resolution No. 6301 APPROVING Site Development Permit 03-01 and based on the findings and subject to the conditions contained therein. II. INTRODUCTION The application request is for the construction of an 84,894 square foot, three-story office building proposed on the southeast comer of Palomar Airport Road and Aviara Parkway. The General Plan Land Use and Open Space and Conservation Element Amendments, Zone Change and Local Coastal Program Amendment are required to change the Land Use and Zoning designations of a 1.36 acre portion of the site from Planned Industrial and ·unplanned Area to Open Space for conservation purposes. III. PROJECT DESCRIPTION AND BACKGROUND GPA 04-20/ZC 04-15/LC •• 05/CDP 03-03/SDP 03-01/PIP 03. IELLY/JRM OFFICE BUILDING May 16, 2007 Pae 2 The southern quarter of the property contains Encinas Creek and its associated sensitive habitats and wetland buffer. The building faces, but does not have access to, Palomar Airport Road. A minor subdivision is proposed to create a separate lot for the open space portion of the project to allow the open space lot to be later owner and managed by a separate entity for Habitat Management Plan compliance. The Minor Subdivision is an administrative permit and will be acted on by the City Engineer after the Planning Commission, City Council and California Coastal Commission act on the applications. The project is also required to process a Planned Industrial Permit application which is also administrative and will be. acted upon by the Planning Director after the other project approvals are final. The proposed 84,894 square foot building is rectangular in shape and is three stories tall with the main entrance located on the south side of the building. The proposed building has a variety of wall angles and offsets to provide architectural relief. The building also incorporates vertical wall features and parapets which resemble a Moderne architectural style. The "Class A", steel frame building will be clad with a limestone veneer. The bottom floor exterior will have an "Estril Blue Limestone" and the upper two floors will have "Cascais Gold Limestone with a "Jura Green Limestone" accent under the windows. The windows will be dual glazed with a green tint. The front entry feature will be glass with a metal arched entry canopy. A few of the second and third floor offices provide exterior balconies. The northern building elevation (Palomar Airport Road elevation) is the mirror image of the southern building elevation (Main entry). The project provides both interior and exterior employee eating areas and will construct a portion of the citywide trail system along Encinas Creek. The project site is constrained because of the large arterial roadway setbacks, the 150-foot wide SDG&E High Tension Power line easement which bisects the site, and the Encinas Creek and associated wetland buffer. For the above reasons, the Planning Director issued an Administrative Variance, AV 06-04, on June 13, 2006 to allow for a 10 foot reduction of all the required yard setbacks. The adjacent project (Biltmore/24 Hour Fitness) has already received approvals from the Army Corps of Engineers, California Department of Fish and Game and the Regional Water Quality Control Board for the improvement of the Laurel Tree Lane creek crossing and for the habitat restoration of the creek area. These creek and habitat improvements have been completed. The Kelly JRM Office Building portion of the Encinas Creek was made a part of Biltmore's project approval and mitigation requirement by the Wildlife Agencies. The proposed project does not impact the open space or modify the previously approved improvements in the open space. IV. ANALYSIS The Kelly JRM Office Building project 1s subject to the following plans, ordinances and standards: A. Planned Industrial (PI) and Open Space (OS) General Plan Land Use designations; B. Planned Industrial, Qualified Development Overlay Zone (P-M-Q); C. Site Development Plan findings required by the Qualified Development Overlay Zone, Carlsbad Municipal Code, Chapter 21.06, Section 21.06.020; D. Comprehensive Land Use Plan for McClellan-Palomar Airport; GPA 04-20/ZC 04-15/Lcfto5/CDP 03-03/SDP 03-01/PIP 03-"ELLY/JRM OFFICE BUILDING May 16, 2007 Pae 3 E. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone - Carlsbad Municipal Code, Chapter 21.202 and the Coastal Resource Protection Overlay Zone -Carlsbad Municipal Code, Chapter 21.203; F. Habitat Management Plan; G. Commercial Visitor Serving Overlay Zone; and H. Growth Management Ordinance (Local Facilities Management Plan Zone 5). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The present General Plan Land Use designations for the project area (5.9 acres) of the project site are Planned Industrial (PI), Unplanned Area (UA), and Open Space (OS). The southerly 2.39 acre southerly portion of the site has the Open Space (OS) and Unplanned Area (UA) Land Use designations. Based on the biological constraints of the project and the associated habitat buffers, the proposed-Land Use amendment will change 1.36 acres of the southern portion of the site impacted by the creek and buffer to OS. The General Plan Land Use amendment also reflects a change to the existing OS designation to PI because the detailed analysis of the riparian corridor and associated buffer area better defined the general placement of the Open Space mapping of the Encina Creek. The project complies with most of elements of the General Plan as illustrated in the Table A below: Table A -GENERAL PLAN COMPLIANCE ELEMENT USE, PROPOSED USES & COMPLY? CLASSIFICATION, IMPROVEMENTS GOAL, OBJECTIVE ORPROGRAM Land Use Development area is Office uses. Yes designated as PI. Land Use Protect and conserve Place Open Space designation Yes natural resources. and easements over biologically sensitive areas. Circulation New development Additional dedication for a Yes shall dedicate and public street, Laurel Tree Lane improve all public and frontage improvements to right-of-way for Palomar Airport Road and circulation facilities A viara Parkway. Project also needed to serve vacates portion of old Laurel development. Tree Road. Noise Utilize noise The project has been No. See standards contained in determined to be inconsistent discussion the Comprehensive with the CLUP as the project is below Land Use Plan within the 70-75 dB CNEL (CLUP) for Palomar noise contour for the Airport. Airport. GPA 04-20/ZC 04-15/LC--05/CDP 03-03/SDP 03-01/PIP 03-~LLY/JRM OFFICE BUILDING May 16, 2007 Pae 4 Table A -GENERAL PLAN COMPLIANCE ELEMENT USE, PROPOSED USES & COMPLY? CLASSIFICATION, IMPROVEMENTS GOAL, OBJECTIVE ORPROGRAM Open Space & Designate as buffers The project includes a 70-foot Yes Conservation portions of land next buffer from Encinas Creek. to sensitive environmental areas. The project site is located within the McClellan-Palomar Airport Influence Zone and as such is regulated by the Airport Comprehensive Land Use Plan (CLUP). The property is subject to noise from the airport and the noise contours as identified in the CLUP must be utilized to determine land use compatibility. The project site is impacted by the 70 to 75 dB range on the very northern portion of the property. Because the project falls within the 70 -75 dB CNEL noise contour of the Airport, the San Diego County Regional Airport Authority (Authority), acting in its capacity as the San Diego Airport Land Use Commission (ALUC), determined that the proposed project was not consistent with the CLUP. The City Council may overrule the ALUC's decision by a two-thirds vote of the City Council. To overrule the ALUC, the City Council would need to make findings that the approval of the project would not bias the intent to "protect public health, safety and welfare by ensuring the orderly expansion of airports and the adoption ofland use measures that minimize the public's exposure to excessive noise and safety hazards with areas around public airports to the extent that these areas are not already devoted to incompatible .uses." A separate City Council resolution of approval of the Consistency Determination has been prepared for the City Council's action. At the time of the redrawing of the aircraft noise contours in 1994, the subject lot was already created and designated for industrial/office development in the City's General Plan and Zoning Ordinance. Given this pre-existing condition, and the fact that noise reduction measures and disclosure provisions are incorporated into the project, the public's exposure to excessive noise is minimized to the greatest extent possible. Based on this, staff is supportive of the override of the ALUC determination. This recommendation is consistent with past City Council actions on previous projects with similar circumstances. It should be noted that the Public Utilities Code Section 21678 states that, upon such local agency override of the ALUC's determination, "the operator of the airport shall be immune from any liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to override the commission's action or recommendation." The project proposes to vacate a portion of Laurel Tree Road. Laurel Tree Road use to provide access from Palomar Airport Road to the subject property and properties more southerly. Once A viara Parkway was completed, the Laurel Tree Road access was not needed. Laurel Tree Lane, from Aviara Parkway, provides access to the subject property. The street vacation is consistent with the General Plan Circulation element as the road is not shown as a circulation element roadway. The properties served by the old roadway now have other roads providing vehicular access via publicly dedicated streets and the street vacation will not disrupt local circulation. r GP A 04-20/ZC 04-15/LC.05/CDP 03-03/SDP 03-01/PIP 03-1 !ELLY /JRM OFFICE • BUILDING May 16, 2007 Pae 5 B. Planned Industrial, Qualified Development Overlay Zone The development area of the project site is zoned Planned Industrial, Qualified Development Overlay Zone (P-M-Q). Based on the biological constraints of the project and the associated biological buffers, the Zone Change will change the roughly 1.36 acre southern portion of the site that is impacted by the creek and buffer area to OS, which will implement the proposed OS Land Use designation. The proposed Zone Change will also apply to the LCPA. The project complies with the requirements of the P-M Zone, except as noted and demonstrated in Table B below: Table B -P-M ZONE COMPLIANCE STANDARD REQUIRED PROPOSED Permitted Use Business & Professional Offices Multi-tenant office use Building Height 35 feet/ 45 ft.*; 55 ft. for allowed 43 ft. maximum; 51' 6" for protrusions allowed protrusions Setbacks Palomar Airport Road -50 ft.* Palomar Airport Road -50 ft. Interior Side Yard -10 ft. Interior Side Yard -10 ft. Front Yard -35 foot average (25 Front Yard -180 foot building foot minimum) setback -25 ft. minimum for parking. Parking 340 (1 :250 office) 340 Parking area landscaping 10% of the required parking area 12% of the required parking area Minimum Lot Area 1 acre 4.54 acres Lot Coverage 50%maximum 10.92% Employee Eating Areas 5,100 sq. ft. (40% 5,100 sq ft total (3,162 sq. ft. interior/60%exterior) outdoor ( or 60%) Outdoor Equipment Enclose by a concrete or masonry Mechanical equipment wall not less than 6 ft. in height enclosure built to 18 ft. tall with masonry block and to match building materials * All setbacks shall be increased one foot for every foot of building height over 35 feet. The project is required to increase building setbacks one foot for every foot of building height over 35 feet. The project should.have a 58 foot setback from Palomar Airport Road and Aviara Parkway. Because of the aforementioned site constraints, the project requested approval of an Administrative Variance and was issued a I 0-foot setback reduction. The increase in building height from 35 feet to 45 feet complies with Section 21.34.070, P-M Development Standards, in that the building is not more than three stories and the building will conform to Section 18.04.170 of the Carlsbad Municipal Code (regarding fire sprinklers, smoke alarms and elevators). The increase in height for architectural features from 45 to 51' 6" complies with Section 21.34.070, P-M Development Standards, in that the architectural features do not function to provide usable floor area; do not accommodate and/or screen mechanical equipment; do not adversely impact adjacent properties; and are necessary to ensure the building's design GPA 04-201zc 04-15/Lcftos/cDP 03-03/SDP 03-0I/PIP 03-"ELLY/JRM OFFICE BUILDING May 16, 2007 Pae 6 · excellence.. The building maintains the minimum setbacks from the roadways of the PM Zone; does not adversely impact adjacent neighbors as one adjacent neighbor exists to the east with a very large building separation (>300') and open space to the south; and the architectural elements provide vertical relief and add interest to the building's elevations. C. Site Development Permit Findings Required by the Qualified Development Overlay Zone The Qualified Development Overlay Zone (Q-Overlay), which is a part of the zoning designation for the property, requires that a SDP be approved for the proposed use prior to the issuance of any building permit. The Q-Overlay Zone requires four findings. This section summarizes the necessary findings and support for each. The requested use is properly related to the site, surroundings and environmental setting as the project design complies with the requirements of the P-M zone with the exception of the approved setback reduction through an Administrative Variance as discussed above. All required building setbacks are landscaped, lot coverage is well below the maximum permitted, and landscaping exceeds the minimum 10% P-M zone requirement. Adequate separation is provided from adjacent uses and a 70-foot buffer from Encinas Creek has been incorporated into the site design. The site is also adequate in shape to accommodate the use as all other applicable code requirements have been met. The project meets the minimum office parking standard of one parking space per 250 square feet of building area. The building coverage of 10.9 percent is less than one fourth of the maximum 50 percent permitted. Twelve percent of the parking area is landscaped which exceeds the minimum 10 percent requirement. The project has been conditioned to finish the roof in a gray color as to mitigate the appearance of the roof as viewed from surrounding residential development located on higher elevations. Other buildings in the vicinity have the same condition. No roof mounted equipment is proposed. A ground located equipment enclosure will house the heating and cooling equipment. As shown on Exhibits "A" -"H," all features necessary to adjust the use to existing and permitted future uses will be provided. Landscaping is proposed to screen the parking areas from public roadways. Adequate vehicle circulation has been provided to accommodate truck-turning movements. Laurel Tree Lane, a public street off of Aviara Parkway, will provide access to the site. The existing street system is adequate to handle all traffic (1,700 average daily traffic) generated by the use. D. Comprehensive Land Use Plan for McClellan -Palomar Airport The project site is located approximately 3,200 feet southwest of the airport and within the Airport Influence Area for McClellan-Palomar Airport. The northerly portion of the site is within the 70 to 75 CNEL noise contour with the southerly area located outside the 70 to 75 CNEL noise contour. A portion of the building is proposed within the 70 to 75 CNEL noise contour. The Comprehensive Land Use Plan (CLUP) identifies office use as being not compatible within the 70 to 75 CNEL noise contour. As stated in the General Plan Land Use section above, the City Council can approve an override to the ALUC decision with findings, conditions and disclosures to allow the project in the noise sensitive area. The project has been conditioned to implement the Mitigation Monitoring and Reporting Program for the Kelly/JRM GPA 04-20/ZC 04-15/Lcftos/CDP 03-03/SDP 03-01/PIP 03-"ELLY/JRM OFFICE BUILDING May 16, 2007 Pae 7 project which includes the requirement to submit an acoustical study showing compliance with the 50 CNEL interior noise level, requiring the property owner to notify all tenants and include in all leases provisions detailing the environmental impacts associated with McClellan-Palomar Airport and Palomar Airport Road, filing hold harmless agreements, and recording notices of Restriction and A vigation easements over the property. E. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone and the Coastal Resource Protection Overlay Zone The subject property is located in the Mello II Segment of the City's Local Coastal Program (LCP). The LCP consists of two parts -the Land Use Plan and the implementing ordinances. For this portion of the Mello II Segment, the implementing ordinances consist of the applicable portions of the Zoning Ordinance. This section addresses only compliance with the Land Use Plan since Zoning Ordinance compliance is discussed in Section B above. The policies of the Mello II Land Use Plan emphasize topics such as preservation of agricultural and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed LCP Land Use changes to the portion of the project site from PI and Unplanned Area (UA) Land Use designations to Open Space (OS) are consistent with the policies contained in the Land Use Plan for the Mello II Segment of the LCP. Since the project includes preservation of the Encinas Creek area and associated habitat buffer area, no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur. The Land Use changes represent the placement of Open Space in lieu of PI and UA Land Uses over existing open space easements, HMP preserve areas and biologically sensitive land. As designed, the project is consistent with the relevant policies of the Mello II Segment of the Local Coastal Program (LCP), the Coastal Agricultural Overlay Zone (Zoning Ordinance Chapter 21.202) and the Coastal Resource Protection Overlay Zone (Zoning Ordinance Chapter 21.203). The project site has a LCP Land Use designation of Planned Industrial (PI) and an LCP Zone designation of Planned Industrial with the Qualified Development Overlay (P-M-Q). The project includes a 70-foot riparian buffer from the edge of the riparian habitat of Encinas Creek. The objective of the buffer is to protect water quality and associated biological resources by providing separation from human activities and to serve as a filtering mechanism for runoff before it enters the riparian zone. The buffer area was recently improved by the Biltmore/24 Hour Fitness project adjacent and to the east of the project site, as required by the resource agencies. No additional work is needed in the habitat buffer area or within the Encinas Creek. Pursuant to Policy 3-8 of the LCP, the California Department of Fish and Game and the U.S. Fish and Wildlife Service were consulted on the project impacts and determination of the adequacy of the 70-foot buffer and both resource agencies have issued resource permits for the project. The habitat buffer was determined to be acceptable with the following conditions: that the public trail is placed on the periphery of the buffer; that the public trail not be paved and have a permeable surface; and that the buffer is planted with native vegetation. The 70-foot buffer zone is protected by the execution of an open space and conservation easement and a General Plan Open Space designation. No activity will occur within the buffer except for the proposed GPA 04-20/ZC 04-15/LCPA .5/CDP 03-03/SDP 03-01/PIP 03-01 &LLY/JRM OFFICE BUILDING May 16, 2007 Pae 8 pedestrian trail. The trail is a passive recreational use located in the upper half of the buffer zone as allowed per Policy 3-8 of the LCP and will be constructed with a permeable surface. Water retention basins are proposed along A viara Parkway that are designed to control the rate of storm water runoff and improve water quality from the site. The retention basins provide protection to regional and local biological resources as noted in the Biological Report prepared for the project. The property is designated as coastal agricultural land and has been conditioned to pay the agricultural conversion mitigation fee. The payment of this fee will supersede the HMP habitat impact fee. Because of the potential for least Bell's vireos to be impacted by grading noise levels, a condition restricting grading during the breeding season (March 1 -October 1) has been added to the project so as not to impact the least Bell's vireo if present. The CDP Permit requires a vireo survey prior to grading if grading will occur in the breeding season. The project was noticed for a State mandated six-week public notice of availability review period, from March 22, 2007 through May 3, 2007. No comments were received during the comment period. The project is within the appeal jurisdiction of the California Coastal Commission as it is with 100 feet of a wetland. Given the above, the proposed project is consistent with the Mello II Segment of the LCP. F. Habitat Management Plan (HMP) The City's HMP identifies the Encinas Creek as a hardline area within Link 4. Link 4 provides for connectivity between Batiquitos Lagoon (Core Area 8) and Agua Hedionda Lagoon and the Golf Course (Core Area 4). The review of the specific biological information for the project identified the need to modify the project's hardline boundary to more precisely follow the creek area and associated wetland buffer. The amendment to the hardline boundary details the preserve and the hardline boundary and is equal or greater in the preserve acreage and, therefore, the necessary HMP equivalency findings can be made. The project is subject to the adjacency standards of the HMP and the project has been conditioned accordingly through the recordation of a Conservation Easement. G. Commercial/Visitor-Serving Overlay Zone The project site is located within the CommercialNisitor-Serving Overlay Zone. Because the property is being developed as an Office building, which is a permitted use of the underlying PM zone, the project is not subject to the provisions of the Overlay Zone. H. Growth Management Ordinance (LFMP Zone 5) The proposed project is located within Local Facilities Management Zone 5 in the southwest quadrant. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized as follows: GPA 04-201zc 04-15/LCPA olos1cDP 03-03ISDP 03-0l/PIP 03-0l -'1LLYIJRM OFFICE BUILDING May 16, 2007 Pae 9 FACILITY IMPACTS COMPLIANCE WITH STANDARDS City Administration NIA Yes Library NIA Yes Wastewater Treatment Capacity 47EDU Yes Parks $.40lsq. ft. Yes Drainage Basin C Yes Circulation 1,700 ADT Yes Fire Station 4 Yes Open Space NIA Yes Schools Payment of non-residential Yes school fee at bldg. permit issuance Sewer Collection System 47EDU Yes. Water Distribution System 11,187 GPD Yes V. ENVIRONMENTAL REVIEW Staff conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Potentially significant biological impacts were identified. These impacts have been mitigated through previous Agency permits associated with the Biltmorel24 Hour Fitness project. The developer has agreed to mitigation measures as performed by others to reduce the identified impacts to below a level of significance in accordance with CEQA. The environmental documents were sent directly to the area offices of the U.S. Fish and Wildlife Service and the California Department of Fish and Game. In consideration of the foregoing, the Planning Director issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the project on November 18, 2004. Comments were received from the US Fish & Wildlife Service and the California Department of Fish & Game. Mitigation measures were added and minor project revisions were made in response to the comments that do not result in new avoidable significant effects. The revisions do not create a new significant environmental effect and include only equivalent or more effective mitigation measures. ATTACHMENTS: 1. Planning Commission Resolution No. 6296 (Neg. Dec.) 2. Planning Commission Resolution No. 6297 (GP A 04-20) 3. Planning Commission Resolution No. 6298 (ZC 04-15) 4. Planning Commission Resolution No. 6299 (LCP A 06-05) 5. Planning Commission Resolution No. 6300 (CDP 03-03) 6. Planning Commission Resolution No. 6301 (SDP 04-04) 7. Location Map 8. Disclosure Statement 9. Local Facilities Impact Assessment Form 10. Background Data Sheet GPA o4-201zc 04-15/LCPA olos/CDP 03-03/SDP 03-0l/PIP 03-0l ~LLY/JRM OFFICE BUILDING May 16, 2007 Pae 10 11. San Diego County Regional Airport Authority letter dated September 12, 2003 12. Draft City Council Resolution of Override of ALUC 13. Engineering draft conditions of approval for MS 06-12 14. Reduced exhibits "A" -"H" dated May 16, 2007 15. Site Plan with noise contours SITE MAP • N NOT TO SCALE KELLY/JRM OFFICE BUILDING GPA 04--20/ZC 04-15/LCPA 06-05/ CDP 03-03/SDP 03-01/PIP 03-01 • City of Carlsbad ■ :.1 &i ,i ,Ii ,t-1•24-E\4;; ,t§ ,i I DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or an/appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cani10t be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture. association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. l. APPLICANT (Not the applicant's agent)\ . Provide the COMPLETE. LEGAL names-and addresses of ALL persons having a financial interest in ,the application. If the applicant includes a corporation or partnership, include the names. title. addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON­ APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names. titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ____________ _ Corp/Part _____________ _ Title ____________ _ Title ---------------- Address ___________ _ Address ______________ _ 2.. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common. non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN I 0% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly­ owned corporation. include the names. titlf;s, and addresses of the corporate officers. (A separate page may be attached if necessary.) /(~u-</Jl(/'1-fi1,,1rft1trtfo~/U I lLC ~7 •. Person ffa/t/f:33 t'., tlfc L/f-N/V Corp/Part JEM-Y{t?fl5?f:P k; LL C.. I if.s tf!//'· Title ,-Y.e;,.,,j).,dp: ,H1tV1-lm Title ______________ _ Address· /Ofo S"; IJwoR.G>t(cr.JJ)f) ~#kAddress __________ _ &'CP tv'bt 00 I C,/1 o/ 2.. 0 2, Cf 2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (760) 438;.1161 • FAX (760) 438-0894 I .., .) . NON-PROFI: 0~ .• ZATION OR TRUST . -. If any person 1dent1fi~ursuant to (I) or (2) above 1s a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust -------------------- Tit I e ____________ _ Title ---------------- Address Address -------------------------- 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes ['A No If yes, please indicate person(s):_· ______________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best o Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 .ACKGROUNDDATASHEET - CASE NO: GPA 04-20/ZC 04-15/LCPA 06-05/CDP 03-03/SDP 03-01 CASE NAME: KELLY/JRM OFFICE BUILDING APPLICANT: Kelly/JRMC Palomar Airport Road I, LLC REQUEST AND LOCATION: Request for a recommendation to the City Council to adopt a Consistency Determination for the McClellan-Palomar Airport Comprehensive Land Use Plan and adopt a Negative Declaration and Mitigation Monitoring and Reporting Program, and recommendation of approval of a General Plan Amendment to change the General Plan Land Use and Open Space and Conservation Element designations from Planned Industrial and Unplanned Area to Open Space, Zone Change to change the Zoning designation from Planned Industrial-Qualified Development Overlay Zone to Open Space, Local Coastal Program Amendment, and Coastal Development Permit, and approval of a Site Development Permit to develop a 5.9-acre parcel with a 84,894 square foot office buildings located on the southeast comer of Palomar Airport Road and A viara Parkway in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 5. LEGAL DESCRIPTION: A portion of Parcel "C" and all of Parcel "D" of Parcel Map No. 2993, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. PM 2993, filed in the Office of the County Recorder of San Diego, August 23, 1974 as file number 74-230326. APN: 212-040-64-00 Acres: 5.9 Proposed No. of Lots/Units: 2 Lots/84,894 sq ft Office GENERAL PLAN AND ZONING Existing Land Use Designation: Planned Industrial/Open Space/Unplanned Area Proposed Land Use Designation: =--P=la=nn=-=-ed=--=In=d=u=st=r=ia=l/-"O'-&p=e=nc...::S:..,,;p=a=ce=------------­ Density Allowed: NI A Density Proposed: =--N'-'--'/ A=-=-----------­ Existing Zone: Planned Industrial-Qualified Development Overlay Proposed Zone: Planned Industrial-Qualified Development Overlay Zone/Open Space Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site Planned Industrial-Planned Industrial/Open Vacant Qualified Development Space/Unplanned Area Overlay Zone North Planned Industrial Planned Industrial Golf Course South Exclusive Agriculture Unplanned Area Vacant East Planned Industrial/Open Planned Industrial Office Building/Gym Space West Planned Industrial/Open Planned Industrial Office Building Space Revised 01/06 'OCAL COASTAL PROGRAM - Coastal Zone: cg] Yes D No Local Coastal Program Segment: =M=e=ll~o---"I=I _____ _ Within Appeal Jurisdiction: cg] Yes D No Coastal Development Permit: cg] Yes D No Local Coastal Program Amendment: ~ Yes D No Existing LCP Land Use Designation: Planned Industrial/Open Space/Unplanned Area Proposed LCP Land Use Designation: Planned Industrial/Open Space Existing LCP Zone: Planned Industrial-Qualified Development Overlay Zone Proposed LCP Zone: Planned Industrial-Qualified Development Overlay Zone /Open Space PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad ....c....c..c~~---- Equivalent Dwelling Units (Sewer Capacity): --'-47-'------------------ ENVIRONMENTAL IMPACT ASSESSMENT D Categorical Exemption, ______________________ _ ~ Negative Declaration, issuedN =-=o---'-v""'em=b""'er=----=--18~2'-""'0--"-0---'-4 _____________ _ D Certified Environmental Impact Report, dated ______________ _ D Other, ______________________ _ Revised 01/06 -CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: KELLY/JRM OFFICE BUILDING -GPA 04-20/ZC 04-15/LCPA 06- 05/CDP 03-03/SDP 03-01 LOCAL FACILITY MANAGEMENT ZONE: 2_ GENERAL PLAN: Planned Industrial/Open Space/Unplanned Area ZONING: Planned Industrial-Qualified Development Overlay/Open Space DEVELOPER'S NAME: Kelly/JRMC Palomar Airport Road I, LLC ADDRESS: 1040 S. Andreasen, Suite 200, Escondido CA 92029 PHONE NO.: (760) ?81-5300 ASSESSOR'S PARCEL NO.: =-21=2'--'-0C---'4--"-0--=-6-'--4--=-0-=---0 _____ _ QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): -=---84=,8=9-'-4..=..;sq"'-'ft=------­ ESTIMATED COMPLETION DATE: -=U=nk=n=o-'-'wn-=---------------- A. City Administrative Facilities: Demand in Square Footage= NIA B. Library:· Demand in Square Footage= NIA C. Wastewater Treatment Capacity (Calculate with J. Sewer) 47EDU D. Park: Demand in Acreage = $.40/sg ft impact fee E. Drainage: Demand in CFS = 16.7 Identify Drainage Basin = C F. Circulation: Demand in ADT = 1 700 G. Fire: Served by Fire Station No. = 4 H. Open Space: Acreage Provided = 1.36 Ac I. Schools: Carlsbad Unified J. Sewer: Demands in EDU 47 Identify Sub Basin = SK K. Water: Demand in GPD = 11187 SAN DIEGO ~:INTY REGIONAL AIRPORT AUTHORITY P.O. BOX 82776, SAN DIEGO, CA 92138-2776 619.400.2400 WWW.SAN.ORG September 12, 2003 Ms. Anne Hysong Associate Planner City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008-7314 Re: San Diego County Regional Airport Authority ALUC Consistency Determination - Kelly/JRM Project Palomar Airport Road I LLC (McClellan-Palomar Airport CLUP) -P AL-03-002, Resolution No. 03-059 Dear Ms. Hysong: This letter is to notify the City of Carlsbad ("City'') of the September 4, 2003, consistency determination that was made by the San Diego County Regional Airport Authority ("Authority''), acting in its capacity as the San Diego County Airport Land Use Commission ("ALUC"), for the referenced project. The ALUC has determined that the proposed project is not consistent with the McClellan-Palomar Airport Comprehensive Land Use Plan ("CLUP"). A copy of Resolution 03-059, approved by the ALUC on September 4, 2003, and memorializing the inconsistency determination, is enclosed for your information. This letter summarizes the ALUC's consistency determination, the facts and findings supporting its determination, and the City's rights and responsibilities with respect to this determination. The ALUC's determination that the Kelly/JRM Palomar Airport Road I LLC project is not consistent with the Airport CLUP was made consistent with the ALUC Policies and the State Aeronautics Act provisions (Cal. Pub. Util. Code §21670-21679.5), and was based on numerous facts and findings, including those summarized below: (1) The proposed project is described by the project sponsor and the City as a three­ story, 45 foot high, 85,000 square foot multi-tenant office building with an entry tower ( architectural feature) that extends to 54 feet high. The building would be located within both the 65-70 decibel ("dB") Community Noise Equivalent Level ("CNEL") noise contour and the 70-75 dB CNEL noise contour. (2) The policies of the McClellan-Palomar Airport CLUP do not allow office uses within the 70-75 dB CNEL noise contour. Therefore, because a portion of the proposed office building is located within the 70-75 dB CNEL noise contour for the Airport, the proposed office building is not consistent with the Airport CLUP. (3) Additionally, the height of all structures must be reviewed by the Federal Aviation Administration ("FAA") consistent with the Federal Aviation Regulation (FAR) Part 77 Guidelines, using the site development plan review procedure. SAN DIEGO INTERNATIONAL AIRPORT Ms. Anne Hysong September 12, 2003 Page2 Any use found to be a "hazard" to navigation by the FAA is not in conformance with the Airport CLUP. The City may request that the.ALUC reconsider its September 4, 2003, determination of inconsistency with respect to the proposed Kelly/JRM Palomar Airport Road I LLC project pursuant to Article 8, Part 8.3, Section 8.30(3)(g) of the Authority's Policies, a copy of which is attached for your information. Any request for reconsideration, however, must be made within thirty (30) days of the ALUC's decision on the application, on or before October 6, 2003. The City may also overrule the ALUC's determination of inconsistency by taking the following mandatory steps: (i) the holding of a public hearing; (ii) the making of specific findings that the action proposed is consistent with the purposes of the State Aeronautics Act; and (iii) the approval of the proposed action by a two-thirds vote of the City's Council. If the City intends to overrule the ALUC inconsistency determination on this matter, the ALUC requests: (i) notification of the proposed overruling; (ii) a copy of any staff report and proposed findings with respect to the proposed overruling; and (iii) that the City include any comments from the ALUC in the public record of any final decision by the City to overrule the ALUC's inconsistency determination. In addition, and importantly, the ALUC requests that if the City decides to overrule the ALUC's finding of inconsistency with respect to the referenced project (in accordance with the legal process described above), that the City require the following as conditions of project approval: (i) that the interior noise levels of the proposed project be attenuated to 50 dB CNEL; (ii) that the City require the project developer to comply with FAA's Part 77 requirements and that the City not approve the project if FAA makes a "hazard" determination; and (iii) that the City require an avigation and noise easement be recorded against the property in favor of the County of San Diego, the proprietor of the Airport. See, Resolution 03-02 lRR, attached. Please contact Mr. Ted Anasis at (619) 400-2478 if you have any questions regarding the issues addressed in this letter. Ms. Anne Hysong September 12, 2003 Page3 Enclosures: Resolution 03-059 Airport Authority Policy Article 8 cc: Floyd Best, Airport Manager, McClellan-Palomar Airport Peter Drinkwater, Director, County Airports Lori Ballance, Gatzke Dillon & Ballance LLP Ron Bolyard, Caltrans -Division of Aeronautics 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 • RESOLUTION NO. __ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OVERRIDDING THE SAN DIEGO COUNTY AIPRORT LAND USE COMMISSION'S DETERMINATION OF NON-CONSISTENCY WITH THE MCCLELLAN-PALOMAR AIRPORT COMPREHENSIVE LAND USE PLAN AND APPROVING THE DEVELOPMNET OF AN 84,894 SQUARE FOOT OFFICE BUILDING ON AN EXISTING INDUSTRIAL LOT LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND AVIARA PARKWAY IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY JRM OFFICE BUILDING CASE NO.: GPA 04-20 WHEREAS, a portion of Parcel "C" and all of Parcel "D" of Parcel Map No. 2993 is located within the Airport Influence Area of the McClellan-Palomar Airport Comprehensive Land Use Plan; and WHEREAS, all development within the Airport Influence Area must adhere to the provisions of the Comprehensive Land Use Plan for the McClellan-Palomar Airport; and WHEREAS, the San Diego County Airport Land Use Commission, represented as the San Diego County Regional Airport Authority, has determined that the office development on said lot is inconsistent with the Noise/Land Use Compatibility Matrix in that a portion of the site is located within the 70-75 dBA Community Noise Equivalent Level (CNEL) noise contour; and WHEREAS, pursuant to the provisions of the Comprehensive Land Use Plan and Public Utilities Code, Section 21676, the City Council of the City of Carlsbad may, with a two-thirds majority vote, elect to override the determination of the Airport Land Use Commission. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 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 1. That all recitations are true and correct. 2. That the project is located within the McClellan-Palomar Airport Influence Area and also within the 70-75 dBa CNEL noise contour. 3. That the City Council finds that the proposed industrial development on Parcel "C" and all of Parcel "D" of Parcel Map No. 2993, as conditioned with internal noise reduction to 50 dBa, Notices of Restrictions, Hold Harmless Agreements, and Avigation easements would minimize the public's exposure to excessive noise within areas around the airport to the greatest extent possible, considering that the development is proposed on a legally created lot and is consistent with the underlying Planned Industrial Zoning. 4. That based upon the above findings, the City Council approves the recommended override, as to noise compatibility only, of the San Diego County Regional Airport Authority's determination on non-consistency with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. 5. The action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: Ill Ill Ill Ill "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." -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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the ___ day of _______ , 2007, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -3- May 17, 2007 Attention: Natalie Dew Kelly/JRM Palomar Airport Road Suite 200 1040 S. Andreason Drive Escondido, CA 92029 PROPOSED MINOR SUBDIVISION NO. MS 06-12, CARLSBAD KELL Y/JRM OFFICE BUILDING A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to conditions that follow in this letter. Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a final parcel map. Engineering Conditions: 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2. This approval is subject to the approval and conditions of GPA 04-20, ZC 04-15, LCPA 06-05, SOP 03-01, CDP 03-03, PIP 03-01. 3. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body and any applicable coastal commission approvals. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City .Engineer. 4. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim 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 tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer'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. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-2730 • FAX (760) 602-8562 @ 5. --Developer-shall-ir-istall-sight-distance cerridms at-all -street-inter-seetiens-and-driveways -in accordance with City Engineering Standards. Fees/Agreements 6. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 7. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the subject property. 8. Developer shall cause property owner to execute, and submit to the City Engineer for recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall: a. Clearly delineate the limits of the drainage course; b. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 9. Developer shall cause property owner to execute and submit to the City Engineer for recordation a notice against the property owners regarding potential odor from the existing sewer trunk main located along Palomar Airport Road. The form of said notice shall be prepared to the satisfaction of the City Engineer. 10. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 11. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 12. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. An on-site retaining wall between the parking stalls and the easterly property line, no higher than 6 vertical exposed feet, may be used to eliminate the need for off-site grading. MS 06-12 7 05/08/2007 ---S-pecific--location-and-design -of-said -alternative design-is-subject-to-the -eity--­ Engineer's and Planning Director's approval. 13. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 14. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's SUSMP. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 15. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 16. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. Identify existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite; MS 06-12 7 05/08/2007 ---d-. Establish-specific-procedt1res·-·for-handling--spills-and-rot1tine-cleant1p:---Special -­ considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-construction runoff rates and velocities from the site will not exceed the pre-construction runoff rates and velocities to the maximum extent practicable. 17. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent BMP's prior to the issuance· of a grading permit or building permit1 or the recordation of a parcel map, whichever occurs first for this Project. Dedications/Improvements 18. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for the drainage, storm drain access, sewer, water, open space and conservation, street and public access (trail) easement and any other public easements shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map or separate recorded document. The proposed public water easement shall be dedicated to Carlsbad Municipal Water District. This easement shall be recorded by separate document and processed by separate application through the City Engineering Department. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Developer shall ensure that all off-site public easements, as ~hown on the tentative parcel map, have been secured. 19. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 20. Developer shall provide the design of all private drainage systems to the satisfaction of the City Engineer. All private drainage systems shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees. 21. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative parcel map. These improvements include, but are not limited to paving, base, sidewalks, curbs and gutters, signing and striping, traffic control, pedestrian trail, grading, clearing and grubbing, relocation of utilities, installation of sewer, water, fire hydrants, street lights, retaining walls and reclaimed water all constructed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: a. Construct 5-foot wide sidewalk along project frontage of Palomar Airport Road. Relocate any signs as needed. Remove the existing Laural Tree Lane driveway approach to Palomar Airport Road and replace with curb, gutter and sidewalk. b. Construct concrete pad along Palomar Airport Road frontage for a future bus stop as shown on the tentative parcel map and as required per North County Transit District. c. Construct curb, gutter, sidewalk, pavement and driveway approach improvements along the Laurel Tree Lane property frontage as shown on the MS 06-12 7 05/08/2007 • • ---1;entative-parc·e1-·map~-·Develop~T shall-provide-off;;s·ite-transitional-pavement and obtain offsite easement for public right-of-way as needed to provide adequate vehicle turns at the cul-de-sac and provide a half street width, plus a minimum additional 12-feet, outside the cul-de-sac. d. Construct a looped public water line system connecting from Laurel Tree Lane to Aviara Parkway including all appurtenances as shown on the tentative parcel map. e. Construct a sewer lateral in Laural Tree Lane as shown on the tentative parcel map. f. Install public pedestrian trail as shown on the tentative parcel map and per City standards. A list of the above shall be placed on an additional map sheet on the Parcel Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 22. Developer shall cause Owner to waive direct access rights for that portion of Parcel 1 fronting Palomar Airport Road. 23. Developer shall extinguish the existing rights-of-way of Laurel Tree Lane that currently traverse along the eastern portion of the property. Easements to be vacated are identified as Items "E, F, I, J and K" of the tentative parcel map. The developer shall provide proof that the private easements have been extinguished. Application(s) for a street and/or easement vacation shall be submitted to the City and approved for the above listed easement(s) that are public. 24. Developer shall preliminarily design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 25. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a .direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. 26. Developer shall pay their fair-share cost of the design and construction of the traffic signal at Laurel Tree Lane and Aviara Parkway. Said cost shall not exceed the maximum amount stipulated under item No. 5 of Exhibit A of the stipulated judgment in City of Carlsbad v. Richard C. Kelly, et. al. (1998) Case No. N 73929-1 of the Superior Court of the State of California for the County of San Diego. Parcel Map Notes 27. Add the following notes to the Parcel Map as non-mapping data: MS 06-12 7 05/08/2007 --a. AII-improvements-are-private1y--owne-d-an-d-areno-b-e-prtvately maintained w1tn111e­ exception of the following: i. Median improvements along the frontage of Palomar Airport Road. ii. Sidewalk along project frontage of Palomar Airport Road. iii. Concrete pad along Palomar Airport Road frontage for future bus stop as required per North County Transit District. iv. Curb, gutter, sidewalk, pavement and driveway approach improvements along the Laurel Tree Lane property frontage and any off-site transitional pavement within the public right-of-way. v. All onsite water line systems located within a public water easement. vi The sewer lateral located within the public right-of-way vii. The public pedestrian trail located within the public access easement. b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. c. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards. d. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. Utilities 28. The Carlsbad Municipal Water District easement identified as File No. 223207 of Official records recorded December 28, 1961 and identified as Item "G" of the Easement Notes on the tentative parcel map shall be vacated. 29. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 30. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 31. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 32. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. MS 06-12 7 05/08/2007 33. The Developer shall install (potable water-and/or -recycled waterservices) and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 34. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 35. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engin~er. Code Reminder 36. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: a. The tentative parcel map shall expire two years from the date on which the City Engineer approved the application. b. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative parcel map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the developer for such review. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, 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 degree of the exaction is in rough proportionality to the impact caused by the project. If you have any questions, you may contact David Rick at (760) 602-2781. David A. Hauser Deputy City Engineer c: David Rick, Assistant Engineer Project Planner, Van Lynch File MS 06-12 7 05/08/2007 ~ : : ! h I I, "I !! I PROPOSED MECHANICAL COOLING TOWER ····-·- I ...... J.1 SITE PLAN SCAtE1•30-0" ,..,,.-....... -. - ;::tf:.--:-1::"-:_• // '/>;!;,;.,(~ \ /---~T-vn\· '-'.J •. ,I ,· " ' ,, ' ; ,,_.::.,t=-\:.~ l ,f·-.. ~ J 1 ' "j f":-,;'.v--_ I ! ·-J · c~) ; I 0 o!::P~l1Tt,tENi ~~t-. . , }- I ' ', '' 1,i ~·; i ['. ' ·L·~-. !.~ . ..._,' '-~ - ~ n,. Submitted Applications CDP 03-03 "1r" ~l.11.~f'Oim .:ii-Met:t:..nmarrt"'J.H& "9 P1A'ffiCl~lR!,l,L,f'El'Mll SOP PIP GPA ·0>-01 0>-01 . ...., Public Service Agencies zc -04-16 --~tui'CIPAl.tl,.l>!ERl))5fF!ICT ll,'1mll,~t1,Nl::IPAl.ll,IO!ERPISTl'!IOT .... ~M'lt>JEGO~•~ LCPA -06-06 ll'Dll'1~errrc::,CAAL.~ IOIOQ.lo CAAi.~ INflEl) (O,JXl,. 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