HomeMy WebLinkAboutGPA 12-01; Kelly Corporate Center; General Plan Amendment (GPA)The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: August 7, 2013
ItemNo. 8
Application complete date: N/A
Project Planner: Van Lynch
Project Engineer: Steve Bobbett
SUBJECT: GPA 12-01/ZC 12-01/LCPA 12-02 -KELLY CORPORATE CENTER-
Request for the recommendation of adoption of a Mitigated Negative Declaration
and a Mitigation Monitoring and Rep01iing Program and a recommendation of
approval of a General Plan Amendment to change the General Plan Land Use
designation from Planned Industrial (PI) and Open Space (OS) to Office (0) and
Open Space (OS), a Zone Change to change the zoning from Planned Indusu·ial,
Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office
(0) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre
site with an existing 50,000 square foot office building and a vacant lot with
approvals for another 50,000 square foot office building located at the southeast
comer of Palomar Anp01i Road and Hidden Valley Road in Local Facilities
Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6991
RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation
Monitoring and Rep01iing Program and ADOPT Planning Commission Resolutions No. 6992,
6993, and 6994 RECOMMENDING APPROVAL of General Plan Amendment 12-01 , Zone
Change 12-01 , and Local Coastal program Amendment 12-02 based on the fmdings and subject
to the conditions contained therein.
II. INTRODUCTION
The project is a request for the recommendation of adoption of a Mitigated Negative Declaration
and a Mitigation Monitoring and Rep01iing Program and a recommendation of approval of a
General Plan Amendment to change the General Plan Land Use designation from Planned
Indusu·ial (PI) and Open Space (OS) to Office (0) and Open Space (OS), a Zone Change to
change the zoning from Planned Indusu·ial, Qualified Development Overlay Zone (P-M-Q) and
Open Space (OS), to Office (0) and Open Space (OS) and a Local Coastal Program Amendment
(LCPA) on a 7.5 acre site with an existing 50,000 square foot office building and vacant lot with
approvals for another 50,000 square foot office building located at the southeast comer of
Palomar Ai1port Road and Hidden Valley Road in Local Facilities Management Zone 5. Since
the subject properties are located in the Mello II segment of the City's Coastal Zone, the LCP A
is requn·ed to change the LCP Land Use designation and zoning designations on the prope1iy
consistent with the proposed General Plan Land Use designation and Zoning changes.
GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER
August 7, 2013
Page 2
III. PROJECT DESCRIPTION AND BACKGROUND
The Kelly Corporate Center project involves a request from the property owner (Kelly Corporate
Center II, and IIA, LLC) to change the General Plan Land Use designation of an existing office
building and vacant lot approved for an office building from Planned Industrial (PI) and Open
Space (OS) to Office (O) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal Program Amendment.
The Office land use designation would continue to allow for office type uses similar to those permitted by the Planned Industrial Land Use and Zoning designations in addition to office uses
that cater to the general public such as medical office uses and related commercial uses. This is
further discussed below in the Land Use and Zoning sections.
The project site is located on the southeast corner of Palomar Airport Road and Hidden Valley
Road. The existing project site consists of three lots including two .75 acre development pads
and one common 6.3 acre lot that contains the driveways, parking and 1.2 acres of Open Space.
The existing two story office building is built on the western development pad and was occupied by the Carlsbad Fish and Wildlife Office that serves all or portions of Los Angeles, Orange, San
Diego, San Bernardino, Riverside, and Imperial counties and the U.S. Army Corp. of Engineers
office. The eastern .75 acre development pad is vacant. To the north of the project is Palomar
Airport Road and the Crossings Golf Course, to the east is an existing office building, to the
south is open space and single family residential upslope from the open space, and to the west is Hidden Valley Road and an existing office building. The other adjacent existing office buildings
are land use designated Planned Industrial and zoned Planned Industrial, Qualified Development
Overlay Zone.
The original office development was approved by Site Development Plan (SDP 97-25) and was
approved by the Planning Commission on August 18, 1999 by Planning Commission Resolution
No. 4602. The eastern undeveloped pad has a valid SDP (SDP 97-25Ax3) and the permit
expiration date is October 5, 2016.
Presently, the General Plan Land Use Element update is also recommending that the Planned
Industrial Land Use designated properties located on the south side of Palomar Airport Road in proximity to Hidden Valley Road and Aviara Parkway be land use designated from Planned Industrial to Office. While not an implementation project associated with the General Plan
update, this request will accomplish a portion of this objective.
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report:
A. General Plan Land Use Element – Office Land Use Designation; B. Office Zone (O) (Carlsbad Municipal Code Chapter 21.27);
C. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP);
D. Commercial/Visitor-Serving Overlay Zone;
E. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay
Zone and the Coastal Resource Protection Overlay Zone; and F. Local Facilities Management Plan Zone 5.
GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER
August 7, 2013
Page 3
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 properties located adjacent to and southerly of Palomar Airport Road are General Plan Land
Use designated Planned Industrial (PI) and Open Space (OS). This application is a request to
change the Planned Industrial Land Use designation of the property located on the southeasterly corner of Palomar Airport Road and Hidden Valley Road to an Office Land Use designation.
The roughly 1.2 acre OS portion of the property is not proposed to change. The office uses
permitted by the Planned Industrial Land Use designation and the Office Land Use designation
are very similar. The primary difference is that the Office land use permits medical uses and
related commercial uses that cater to the general public. The Office Land Use designation is often used to provide a buffer between retail commercial areas and residential development. The
location of the existing development in the Encinas Creek valley is such that there are no
commercial or residential uses directly adjacent. The existing Planned Industrial land uses are
professional office uses or are conditionally permitted uses (gym) and would be compatible with
office uses of the proposed Office land use designation. Palomar Airport Road, a prime arterial, provides primary access to the property with Hidden Valley Road and Aviara Parkway providing
direct access to the properties.
The project complies with all the applicable elements of the General Plan as illustrated in Table
A below:
TABLE A – GENERAL PLAN COMPLIANCE
ELEMENT
USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM
PROPOSED USES & IMPROVEMENTS COMPLY
Land Use A City that provides for the
development of compatible and convenient office and
related commercial uses and
the promotion of economic
development strategies for
Office development.
Office uses within existing and
proposed buildings provide office and related commercial
uses and services and economic
and employment opportunities
to the community.
Yes
Circulation Require new development to
construct roadway
improvements needed to serve
proposed development.
Prior to the issuance of a
building permit for any future
project on this site, the project
applicant shall be required to pay a fair share contribution to
the southbound right turn lane
at Paseo Del Norte and Palomar
Airport Road. This will ensure
that adequate roadway improvements will exist to
serve the project.
Yes
GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER
August 7, 2013
Page 4
TABLE A – GENERAL PLAN COMPLIANCE CONTINUED
ELEMENT
USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM
PROPOSED USES & IMPROVEMENTS COMPLY
Noise To achieve noise compatibility
between office and surrounding land uses.
Existing conditions of approval
of already approved SDP 97-25 et.al. includes noise mitigation
measures (i.e. building
improvements and notice to
owners/tenants) to attenuate
interior noise to an acceptable level (50dbA).
Yes
Public Safety Minimize noise and safety
hazards within areas around
the airport.
The project is consistent with
the ALUCP as discussed in
Section “C” of the staff report, subject to implementation of
already approved mitigation
measures for SDP 97-25 et.al.
Yes
B. Office Zone
The Planned Industrial, Qualified Development Overlay (P-M-Q) zoned portion of the property
is proposed to be rezoned to Office (O). The existing Open Space zoned portion is not proposed
to change. The proposed new Office Land Use designation would be compatible with and implemented by the new Office zoning designation therefore they are consistent. The Office
zone permits professional offices and closely related commercial uses. A Qualified
Development Overly Zone is not required as the Office Zone has a requirement that a Site
Development Plan be processed for every project (CMC 21.27.040) in accordance with the
provisions of the Qualified Development Overly Zone (CMC 21.06).
C. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP)
The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The ALUCP was adopted on March 4, 2010 and all projects within its boundary are required to be reviewed for consistency with its goals and policies. The
ALUCP identifies four types of airport impacts that must be considered for each development:
Noise, Safety, Airspace Protection, and Overflight.
Noise Compatibility
The purpose of the noise compatibility policies are to avoid the establishment of new
incompatible land uses and exposure of the users to levels of aircraft noise that can disrupt the
activities involved. Noise compatibility is evaluated pursuant to the policies and noise contours
as set forth in the ALUCP, Section 3.3 Noise Compatibility Policies for McClellan-Palomar
Airport. References in this staff report will be made to Table III-1 and Exhibit III-2 of that
Section which are incorporated herein by reference. Buildings within this project are located
within two Noise Exposure Ranges: 60 – 65 dB CNEL and 65 – 70 dB CNEL pursuant to
Exhibit III-1 of the ALUCP.
GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER
August 7, 2013
Page 5
The land use category for this site, for purposes of determining noise impacts, includes “office
buildings and medical clinics.” For the area of the project that is exposed to 60 – 65 dB CNEL,
no special noise mitigation is required. For that portion of the site exposed to 65 – 70 dB CNEL,
interior noise levels must be attenuated to 50dB CNEL. Standard construction methods typically achieve an interior noise level of 50dB CNEL. Future projects would need to provide sound
attenuation to meet this requirement.
Additionally, pursuant to Section 2.11.5 of the ALUCP, an Avigation Easement is required for
any project situated on a site lying within a projected 65dB CNEL noise contour. The Avigation Easement is required to be dedicated to the entity that owns the airport. With the prior project
approvals of SDP 97-25, an Avigation easement has already been recorded with the County of
San Diego against the property on November 9, 2000 by Document No. 2000-0609460.
Staff has found that this project complies with all applicable noise policies of the ALUCP.
Airspace Protection Compatibility
The purpose of the Airspace Protection compatibility policies are to ensure that structures and
other uses of the land do not cause hazards to aircraft in flight within the Airport vicinity. Hazards to flight include: Physical obstructions to the navigable airspace; wildlife hazards such
as bird strikes; and land uses that create visual or electronic interference with aircraft navigation
or communication. The airspace protection policies of the ALUCP rely primarily upon
regulations enacted by the FAA and the State of California. Basically, the regulations require
notification of the FAA of any proposed construction that could interfere with aircraft flight patterns. A component of a project containing any structure or objects that may exceed the
height standards defined in the FAA’s Part 77, Subpart C, must submit notification of the
proposal to the FAA. This project is within the boundaries of the notification area pursuant to
Exhibit III-3 of the ALUCP incorporated herein by reference. As such, any future development
project will be conditioned such that an FAA notification and a non-hazard determination are provided prior to the issuance of a building permit. The applicant has provided a determination
of no hazard to air navigation from the FAA for a 36 foot tall building that shows that the
structure does not exceed obstruction standards and would not be a hazard to air navigation.
Staff has determined that this project meets all requirements of the Airspace Protection policies of the ALUCP.
Overflight Compatibility
The purpose of the Overflight compatibility policies of the ALUCP are to help notify people about the presence of overflights near airports so that they can make an informed decision
regarding acquisition or leasing of property, especially residential properties, in the affected area.
The Overflight policies are contained in Section 3.6 and the Notification Area is depicted on
Exhibit III-4 of the ALUCP.
Although this project is within the Airport Overflight Notification Area, it is a non-residential
development and the recordation of an overflight notification is not required. However, a notice
concerning aircraft environmental impacts has been recorded against the property on July 20,
2000 as a condition of the prior project’s approval.
GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER
August 7, 2013
Page 6
Safety Compatibility
The purpose of the Safety compatibility policies are to minimize the risks of an off-airport
aircraft accident or emergency landing to people and property on the ground close to the airport and to people on board an aircraft. Safety criteria relates primarily to “usage intensity” of people
on a site as projected by a particular land use type. “Usage intensity” is defined as the maximum
number of people per acre that can be in a given area at any one time. If a proposed use exceeds
the maximum intensity, then it is considered inconsistent with the safety compatibility policies of
the ALUCP. Six separate safety zones (Zones 1-6) are defined by the ALUCP. Each zone has maximum intensity levels for each zone. Zone 1 is the boundary of the Runway Protection Zone
(RPZ) and is the most restrictive of the safety zones. Increased intensity is permitted with each
higher safety zone with Zone 6 being the least restrictive.
Contained within Section 3.4 of the ALUCP and incorporated herein by reference are Table III-2, Safety Compatibility Land Use Matrix, and Exhibit III-2, the Safety Compatibility Map.
Exhibit III-2 depicts the safety zones for the land surrounding McClellan-Palomar Airport.
Table III-2 is a matrix that sorts land uses by specific categories and defines maximum usage for
each land use category by safety zone.
The project site is contained within safety zones 4 and 6. The proposed uses for this project are
defined by Table III-2 as “Office Buildings: professional services, doctors, financial, civic.” The
ALUCP identifies office and medical uses within Safety Zone 6 as compatible and within Safety
Zone 4 as conditionally compatible with airport uses, provided that the people per acre is limited
to 130 people.
The method for determining usage intensity based on required parking standards are as follows.
First, the parking space demand must be determined for the proposed land uses. For this project,
the office building has a parking demand of 1 parking space per 200 square feet of gross floor
area (which is the medical office parking standard per Section 21.44.020 of the Carlsbad Municipal Code). Next, a Vehicle Occupancy Ratio (average number of people per vehicle) is
determined by using the guidelines provided in Appendix D of the ALUCP. An office use
category has a projected Vehicle Occupancy range of 1.5 to 1.7 average people per vehicle.
Staff uses the more conservative value of 1.7 persons per vehicle. Once the parking demand and the vehicle occupancy ratio are defined, the usage intensity is
determined within the safety zone to ensure compliance with the policies of the ALUCP. A
measurement of usage intensity is shown in Table C:
TABLE C – PROJECT INTENSITY
Airport Use Zone Use Gross Building
Sq. Ft.
Parking Ratio Parking Req'd
People
per Vehicle Ratio
Total
People Per Use Per zone
Zone Acreage
Calculated People Per
Acre
Allowed
People Per Acre
4 Office 100,000 0.005 (1/200) 500 1.7 850 7.5 114 130
GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER
August 7, 2013
Page 7
Based on Required Parking Spaces methodology, this project complies with the safety criteria of
usage intensity of the ALUCP since the calculated People/Acre (114) is less than the Allowed
People/Acre (130). The intensity is assumed over the whole site. The southern portions of the
building sites are located in Safety Zone 6 where there are no intensity restrictions.
D. Commercial/Visitor-Serving Overlay Zone
The project site is located within the Commercial/Visitor-Serving Overlay Zone. Because the
property has been developed or approved for development with Office buildings, which are a permitted use within the proposed Office zone, the project is not subject to the provisions of the
Overlay Zone.
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 proposed LCPA is necessary to change the LCP Land Use designations from
Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS) and to change
the LCP Zoning designations on the property from Planned Industrial (PM) and Open Space (OS) to Office (O) and Open Space (OS). The proposed LCP Land Use and Zoning changes are
consistent with the proposed General Plan Land Use and City Zoning designation changes.
Otherwise, 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 and Zoning changes to the project site from Planned Industrial (PI)/(PM) and Open Space
(OS) to Office (O) and Open Space (OS) are consistent with the policies contained in the Land
Use Plan for the Mello II Segment of the LCP. Since the previous project included 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 property was designated as coastal agricultural land and has paid the agricultural conversion
mitigation fee with the original development of the project. The LCPA for this project was noticed for a State mandated six-week public notice of availability review period, from July 13, 2012 and ending on August 24, 2012. 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. Local Facilities Management Plan Zone 5
A Local Facilities Management Plan (LFMP) has been previously prepared and adopted for Zone
5 pursuant to the requirements of the Growth Management Ordinance, Chapter 21.90 of the
Municipal Code. The project will be in compliance with the required performance standards by satisfying the general and special conditions listed in the LFMZ plan. A portion of the project
site was developed with a 50,000 square foot Office building. The potential increase in office
space is 50,000 square feet with the development of the vacant pad. Facilities impacts are
calculated the same between Industrial professional office and commercial office type uses,
GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER
August 7, 2013
Page 8
except for traffic generation which is greater and for which a mitigation measure is required to be
implemented. All required infrastructure is currently in place or would be required to be
constructed with any future project to be constructed on this property.
The facility demands of the build out of Local Facilities Management Zone 5 are based on a
projection of future development within the zone. No development is proposed at this time and
project specific impacts will be analyzed with a subsequent project. The project site does have
entitlements for a 50,000 professional office building and those impacts were analyzed during
the review of SDP 97-25. Because the uses are very similar, staff does not anticipate any facilities impacts with the proposed land use change.
V. ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection
Ordinance (Title 19 of the Carlsbad Municipal Code), staff has conducted an environmental
impact assessment to determine if the project could have any potentially significant impact on
the environment. The environmental impact assessment identified potentially significant impacts
to greenhouse gasses and transportation and circulation from the development of the site with office land uses. Mitigation measures have been placed as conditions of approval for the project
and will be implemented by the developer prior to the issuance of any future grading or building
permits on the property such that all potentially significant impacts have been mitigated to below
a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative
Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse for public agency review. Comment letters
were received from the Native Americans and Caltrans during the 30-day public review period
from May 24, 2013 to June 25, 2013.
ATTACHMENTS:
1. Planning Commission Resolution No. 6991 (MND)
2. Planning Commission Resolution No. 6992 (GPA)
3. Planning Commission Resolution No. 6993 (ZC) 4. Planning Commission Resolution No. 6994 (LCPA)
5. Location Map
6. Background Data Sheet
7. Disclosure Statement
• N
NOT TO SCALE
Kelly Corporate Center
GPA 12-01 I ZC 12-01 I LCPA 12-02
Revised 01/06
BACKGROUND DATA SHEET
CASE NO: GPA 12-01/ZC 12-01/LCPA 12-02
CASE NAME: KELLY CORPORATE CENTER
APPLICANT: The Allen Group
REQUEST AND LOCATION: General Plan Amendment to change the General Plan Land Use from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS), a
Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay
Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal
Program Amendment on a 7.5 acre site with an existing 60,000 square foot office building and
vacant lot with approvals for another 60,000 square foot office building located at the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5
LEGAL DESCRIPTION: Parcels 1, 2 and 3 of Parcel Map No. 19207, in the City of
Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of
San Diego County, April 9, 2003 as file no. 2003-0402795 of Official Records
APN: 212040-67, 68, and 69 Acres: 7.5 Proposed No. of Lots/Units: 0
GENERAL PLAN AND ZONING
Existing Land Use Designation: Planned Industrial (PI) and Open Space (OS)
Proposed Land Use Designation: Office (O) and Open Space (OS)
Density Allowed: N/A Density Proposed: N/A
Existing Zone: Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open
Space (OS) Proposed Zone: Office (O) and Open Space (OS)
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site P-M-Q P-I Professional Office/Vacant pad/Open
Space
North OS OS Golf Course/Open Space
South R-1-Q Residential Medium (RM) Residential Single Family
East P-M PI Professional Office
West P-M PI Professional Office
LOCAL COASTAL PROGRAM
Coastal Zone: Yes No Local Coastal Program Segment: Mello II
Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No
Local Coastal Program Amendment: Yes No
Existing LCP Land Use Designation: PI/OS Proposed LCP Land Use Designation: O/OS
Existing LCP Zone: P-M/OS Proposed LCP Zone: O/OS
Revised 01/06
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption,
Negative Declaration, issued May 20, 2013
Certified Environmental Impact Report, dated
Other,
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3. NON-PROFIT ORGANIZATION OR TRUST
4.
If any person identified pursuant to (1) or (2) above is 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 ProfitfTrust.__ ______ _ Non ProfitfTrust. _________ _
Title. ____________ _
Address _________ _ Address. ___________ _
Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve {12}
months? ~0 If yes, please indicate person(s): __________ _ Oves
NOTE: Attach additional sheets if necessary.
information is true and correct to th
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
P-1(A) Page 2 of2 Revised 07110