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SDP 97-25Ax3; Kelly Corporate Center; Site Development Plan (SDP)
The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: October 2, 2012 P.C. AGENDA OF: January 30, 2013 Project Planner: Van Lynch Project Engineer: Stephen Bobbett SUBJECT: SDP 97-25(A)x3 – KELLY CORPORATE CENTER – Request for a four – year retroactive extension of a Site Development Plan to construct a 50,000 square foot, two-story multi-tenant office building on a 25.28 acre site generally located adjacent to and south of Palomar Airport Road between Hidden Valley Road and Aviara Parkway in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6943 APPROVING a retroactive four-year time extension of SDP 97-25(A)x2 (from October 6, 2012 to October 5, 2016) based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant has requested a retroactive four-year time extension (from October 6, 2012 to October 5, 2016) of Site Development Plan No. SDP 97-25(A)x2 to allow the construction of a 50,000 square foot, two-story office building located on the south side of Palomar Airport Road between Hidden Valley Road and Aviara Parkway. III. PROJECT DESCRIPTION AND BACKGROUND The 25.28-acre project site is generally located adjacent to and on the south side of Palomar Airport Road between Hidden Valley Road and Aviara Parkway. The site has a Planned Industrial (PI) General Plan land use designation and is zoned Planned Industrial Qualified Development Overlay (P-M-Q). On September 1, 1999 the Planning Commission approved SDP 97-25 and CDP 97-52 for the construction of four (4) two-story multi-tenant office buildings (250,093 square feet) on this site. On March 4, 2009, the Planning Commission granted a four year retroactive extension to October 5, 2012. The project’s original resolution of approval (Resolution No. 4602) included a condition, No 21, which states “Building permits for at least one of the four office buildings must be issued within 24 months of the date of approval or this approval shall expire. Building permits for any remaining buildings shown on the Site Development Plan must be issued within 5 years (by September 1, 2004) of the date on which the Site Development Plan received Planning Commission approval or the Site Development Plan will expire as it pertains to any office buildings not constructed.” During this time frame, two of the approved buildings (Buildings 1 and 3) were constructed. 1 SDP 97-25(A)x3 – KELLY CORPORATE CENTER January 30, 2013 Page 2 On October 6, 2004 a Site Development Plan Extension (SDP 97-25(A)x1) was approved to modify that condition to allow an additional four years (until October 6, 2008) to exercise the permit for the two remaining buildings. During that time period, only one of the two buildings (Building 2a) was constructed. The applicant submitted a second time extension request for the construction of the last remaining office building (Building 2b) on September 30, 2008 and was granted a four year extension that expired on October 5, 2012. The applicant has submitted an application for a third time extension request in a timely manner on September 25, 2012 prior to the permit expiration. The last remaining building to be constructed is a 50,000 square foot, two- story multi-tenant office building, which is architecturally identical (with a reverse floor plan) to Building 2a and located immediately to the east of the existing building. As stated within the letter submitted by the applicant, dated September 3, 2012 (Attachment 3), the applicant is requesting a retroactive four-year time extension due to the adverse market conditions for speculative office space in Carlsbad. Additionally, the applicant has indicated that additional time for the preparation of building plans and processing building permits will be needed prior to the commencement of construction on Building 2b. The project site has been rough graded and all other agency permits have been secured. Since the project still meets the development standards of the zone and the building as approved is architecturally identical (with a reversed floor plan) to the existing office building (2a) adjacent and to the west, staff has no issues with the proposed retroactive four-year time extension and therefore recommends approval of SDP 97-25(A)x3. The applicant is currently processing a request for a General Plan Land Use amendment to change the land use designation from planned Industrial (PI) to Office (O) and a Zone Change from Planned Industrial (PM) to Office (O). This would allow a greater use potential of the buildings for other office and medical type uses. The permitting process may take up to one and a half years as the project is located in the Coastal Zone and requires approval by the California Coastal Commission. IV. ANALYSIS A. The Kelly Corporate Center project continues to be consistent with all applicable plans, policies and regulations described below: 1. Planned Industrial (PI) and Open Space General Plan land Use Designations; 2. Planned Industrial, Qualified Development Overlay Zone (P-M-Q); 3. Site Development Plan findings required by the Qualified Development Overlay Zone, Carlsbad Municipal Code, Chapter 21.06, Section 21.06.020; 4. Comprehensive Land Use Plan for McClellan-Palomar Airport; 5. 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; and 6. Growth Management Ordinance (Local Facilities Management Plan Zone 5). B. The adopted project findings for SDP 97-25(A)x2 which are contained in Planning Commission Resolution No. 6537 and referred to in Planning Commission Resolution No. 6943 still apply to this project (SDP 97-25(A)x3). SDP 97-25(A)x3 – KELLY CORPORATE CENTER January 30, 2013 Page 3 C. The adopted project conditions for SDP 97-25(A)x2, which are contained in Planning Commission Resolution No. 6537, still apply to this project (SDP 97-25(A)x3) with the exception of Condition No. 11 which is replaced by Condition No. 8 in Planning Commission Resolution No. 6943 to retroactively extend SDP 97-25(A)x3 for four years from October 6, 2012 through October 5, 2014. Also, engineering conditions 9 and 10 of Planning Commission Resolution 6943 are new water quality measures added to comply with new current National Pollution Discharge Elimination System regulations as promulgated by the State and Regional Water Quality Control Boards and as adopted in the Carlsbad Municipal Code. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). The City Planner has determined that the potential environmental effects of the project were adequately analyzed by the previously adopted Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program for Kelly Corporate Center – SDP 97-25 and CDP 97-52 as well as the previously adopted subsequent MND for Kelly Corporate Center – SDP 97-25(A) and CDP 97-52(A). No additional environmental review is required. The two-story multi-tenant office building to be constructed has been conditioned to implement all applicable mitigation measures pursuant to the approved Mitigation Monitoring and Reporting Program for the Kelly Corporate Center (SDP 97-25 and CDP 97-52). The approved MND and Mitigation Monitoring and Reporting Program (SDP 97-25 and CDP 97-52) and Subsequent MND (SDP 97-25(A) and CDP 97-52(A)) are on file for review at the Planning Division. ATTACHMENTS: 1. Planning Commission Resolution No. 6943 2. Location Map 3. Letter requesting extension by the applicant dated September 3, 2012 4. Disclosure Statement 5. Background Data Sheet 6. Planning Commission Resolution No. 4602 dated September 1, 1999 (SDP 97-25) 7. Planning Commission Resolution No. 4779 dated June 7, 2000 (SDP 97-25(A)) 8. Planning Commission Resolution No. 5726 dated October 6, 2004 (SDP 97-25(A)x1) 9. Planning Commission Resolution No. 6537 dated March 4, 2009 (SDP 97-25(A)x2) 10. Reduced Exhibits “A” to “X” dated September 1, 1999 L A U R E L T R E E LNTHE CROSSINGS DRAVIARA PYCOLLEGE BLPA L O M A R A I R P O R T RD TOPMAST DRHIDDEN VALLEY RDSDP 97-25(A)x3 Kelly Corporate Center SITE MAPEL CAM REALC A R LSB AD VILL AGE DR CARLSBA D BLL A COSTA AV PALOM AR AIRP ORT R D MELR OSE DRAVIARA PY RAN CHO S AN TA FE RDCOLL EGE BLEL CAMI NO REALSITE Hofman Planning Civil Engineering Fiscal Services Coastal September 3, 2012 Mr. Don Neu Planning Director City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Re: Kelly Corporate Center-SOP 97-25, COP 97-52 Dear Mr. Neu: The above referenced permits will be expiring October 5, 2012. As representative of the owner of Kelly Corporate Center we are requesting approval of an extension to these permits. There are four buildings under this permit, three of which have already been constructed. Adverse market conditions and vacancy rates have prevented the construction of the fourth building. Due to the extent of currently available office space within the City of Carlsbad, we are requesting an additional four year extension to the Site Development Permit and Coastal Development Permit to await improved market conditions. Sincerely, 1341~ Bill Hofman President Cc: Van Lynch Harve Filuk 3152 Lionsheod Avenue • Carlsbad • CA 92010 • (760) 692-4100 • Fox: (760) 692-4105 ~ # .... ~v~ ~ CITY Of DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD 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 any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot 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. 1. 2. P-1(A) 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, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) 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~UV tAvpova.+< Ct"'& \\A, ~ Title Title _____________ _ Address Address II~ 'f) ~~ (A~YH> JkA I S~ fc_:·z..oo y.,t\ ~ l?~ I M '1 ~13t> 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, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, __________ _ Title ___________ _ Address _________ _ Corp/Part K£Hy {)Jt' p ~/(. ~f4" ll1 u.v Title _____________ _ Address II t1 "" e' \ CAt""';" o fUtt I Sw k-'1. 0 0 ~~ r?i~, M 'irl;o Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST 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 Profit/Trust _______ _ Non Profit/Trust. _________ _ Title ___________ _ Title. ____________ _ Address. _________ _ Address ___________ _ 4. 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? D Yes ~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 of my knowledge. Signature of owner/date Signature of applicanUdate '>( P~/)=m"j::----Print or type name of applicant Signature of owner/applicant's agent if applicable/date '1. L~\-<0 Al\t"' Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 Revised 01/06 BACKGROUND DATA SHEET CASE NO: SDP 97-25(A)x3 CASE NAME: KELLY CORPORATE CENTER APPLICANT: Kelly Corporate Center II, LLC and IIA, LLC REQUEST AND LOCATION: Request for a four-year retroactive extension of a Site Development Plan to construct a 50,000 square foot two-story multi-tenant office building on a 25.28 acre site generally located adjacent to and south of Palomar Airport Road between Hidden Valley Road and Aviara Parkway in Local Facilities Management Zone 5. LEGAL DESCRIPTION: Parcels 3 of MS 01-08, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 19207, filed in the Office of the County Recorder of San Diego, April 9, 2003 as file number 2003-0402795 of Official Records. APN: 212-040-69 Acres: 25.28 Proposed No. of Lots/Units: 1 building in vacant lot GENERAL PLAN AND ZONING Existing Land Use Designation: PI Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: P-M-Q Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site P-M-Q PI 3 buildings/1 vacant lot North C-T-Q, OS T-R, OS Legoland Amusement Park and a Golf Course South R-1-Q, OS OS, RM, UA Open Space & Packing Shed East P-M-Q PI Vacant West OS OS Open Space 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 Proposed LCP Land Use Designation: N/A Existing LCP Zone: P-M-Q Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 139 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, N/A Negative Declaration, issued N/A Certified Environmental Impact Report, dated N/A Other, The potential environmental effects of the project were adequately analyzed by the previously adopted Mitigated Negative Declaration for Kelly Corporate Center – SDP 97-25 and CDP 97-52 as well as a previously adopted subsequent Mitigated Negative Declaration for Kelly Corporate Center – SDP 97-25(A) and CDP 97-52(A). No additional environmental review is required. '• 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 PLANNING COMMISSION RESOLUTION NO. 4602 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 97-25 TO ALLOW THE CONSTRUCTION OF FOUR TWO-STORY MULTI-TENANT OFFICE BUILDINGS CONTAINING A TOTAL AREA OF 250,093 SQUARE FEET ON A 25.38 ACRE SITE GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EXTENDING FROM AN AREA WEST OF HIDDEN VALLEY ROAD ON THE WEST TO A VIARA PARKWAY ON THE EAST IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: KELLY CORPORATE CENTER CASE NO.: SDP 97-25 WHEREAS, Kelly Ranch Corporate Center I, LLC , "Developer", has filed a verified application with the City of Carlsbad regarding property owned by Kelly Ranch Corporate Center I, LLC and the Kelly Family Trust 3, "Owner", described as Parcels 1 & 2 of City of Carlsbad Boundary Adjustment No. 494 & Parcel 2 of City of Carlsbad Boundary Adjustment No. 388, excepting therefrom the portion lying easterly of Aviara Parkway ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) "A" -"X" dated September 1, 1999, on file in the Planning Department, KELLY CORPORATE CENTER SDP 97-25 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of September, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. . 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES KELLY CORPORATE CENTER SDP 97-25 based on the following findings and subject to the following conditions: Findin~s: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project design complies with the requirements of the Planned Industrial Zone (P-M). All required building setbacks are provided, lot coverage is well below the maximum permitted, and landscaping in excess of the zone requirements will be provided. The project also complies with the provisions contained in the General Plan as it includes circulation facility improvements needed to accommodate the use, mitigation measures to achieve compliance with the noise standards of the plan and a buffer from sensitive environmental areas as required by the Open Space and Conservation Element. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that all applicable code requirements have been met including the parking and building coverage standards. Five parking spaces over the required number are planned and building coverage is less than half of the maximum permitted. Between 19.4 percent and 20.9 percent of the parking area will be landscaped as compared to the required 10 percent. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that landscaping is proposed to screen the parking areas. Adequate vehicle circulation has been provided to accommodate truck turning movements. Access to the site will be provided by driveways onto Hidden Valley Road and Aviara Parkway. 4. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the project includes the addition of an eastbound right turn lane on Palomar Airport Road at its intersection with Hidden Valley Road as well as an eastbound right turn lane on Palomar Airport Road at its intersection with Aviara Parkway. The project is conditioned to participate in funding improvements to the Palomar Airport Road/El Camino Real intersection PC RESO NO. 4602 -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 5. 6. 7. 8. 9. 10. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan and all City public facility policies and ordinances since: A. B. c. D. The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. All necessary public improvements have been provided or are required as conditions of approval. The Developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 ofthe Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 5. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that, as conditioned the applicant shall record a notice that the property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport. The project is conditionally compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that buildings on the project site will be inside the 65 CNEL noise contour and the proposed land use is a compatible use at this noise level with noise attenuation to an interior level of 50 decibels CNEL. A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset the demand created by employees within Zone 5. That the project is consistent with the City's Landscape Manual, adopted by City Council Resolution No. 90-384. PC RESO NO. 4602 -3- -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. That this project could have a potentially significant negative cumulative traffic impact on the Palomar Airport Road/El Camino Real intersection. However, this project has been conditioned to pay its fair share of the "short-term improvements" thereby, guaranteeing implementation of a mitigation measure that reduces the potential impact to a level of insignificance. 12. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Site Development Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time ofbuilding permit issuance. 3. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 4. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the site plan as approved by the final decision making body. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. 5. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. 6. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. PC RESO NO. 4602 -4- 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 7. 8. 9. 10. 11. 12. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: A. A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset the demand created by employees within Zone 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements oflaw. Approval of SDP 97-25 is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and CDP 97-52. SDP 97-25 is subject to all conditions contained in Planning Commission Resolutions No. 4601 and 4603 for the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and CDP 97-52. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan and Coastal Development Permit by Resolution No. 4602 and 4603 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director prior to building permit issuance. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director prior to building permit issuance. PC RESO NO. 4602 -5- 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 13. 14. 15. 16. 17. 18. 19. 20. An exterior lighting plan including parking areas shall be submitted for Planning Director and U. S. Fish and Wildlife Service approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The maximum height of all light fixtures shall not exceed 30 feet. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project's building, improvement, and grading plans. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. Iflinkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. The developer shall submit and obtain Planning Director approval of a uniform sign program for this development prior to occupancy of any building. The developer is aware that the City is preparing an amendment to the sign requirements of the PC RESO NO. 4602 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. 22. 23. Planned Industrial (P-M) Zone. In approving this project it is the intent of the Planning Commission that the project's uniform sign program be consistent with the sign requirements of the P-M Zone once it is amended. To achieve the desired consistency the sign program shall provide for the following: A. B. c. D. A maximum of one monument sign per building not to exceed an area of 35 square feet. A maximum of one wall sign per building frontage on a street for each lot. No more than one sign per elevation. The maximum sign area for all signs on a lot shall not exceed 200 square feet. An amendment to the uniform sign program can be submitted by the property owner/developer and be approved administratively by the Planning Director provided the proposed amendment causes the uniform sign program to be consistent with the new sign requirements of the P-M Zone as approved by the City Council. Building permits for at least one of the four office buildings must be issued within 24 months of the date on which the Site Development Plan receives Planning Commission approval or this approval shall expire. Building permits for any remaining buildings shown on the Site Development Plan must be issued within 5 years of the date on which the Site Development Plan received Planning Commission approval or the Site Development Plan will expire as it pertains to any office buildings not constructed. Prior to the issuance of building permits the Developer shall grant an open space easement to the City of Carlsbad for those portions of lots adjacent to Encinas Creek as shown on Exhibits "B" and "C" dated September 1, 1999, on file in the Planning Department, Kelly Corporate Center SDP 97-25, to prohibit any encroachment or development except for those improvements shown on Exhibits "A" through "X" dated September 1, 1999. The easement shall specify that routine maintenance of the site area subject to the open space easement which is authorized by the City of Carlsbad, the U.S. Fish and Wildlife Service and the California Department of Fish and Game is a permitted activity within the open space easement. Prior to the issuance of building permits, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for the trail (City hiking and bike path) shown on the Site Development Plan. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall be constructed but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the property owner. PC RESO NO. 4602 -7- 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 24. 25. 26. No roof equipment shall be allowed except for vents and make-up air units necessary to comply with requirements of the uniform codes (building, plumbing, electrical, and fire). Skylights are also permitted. Necessary roof vents and make- up air units shall be painted to match the roof surface which shall be gray in color. The gray roof color shall remain for the life of the project. No roof equipment shall be allowed except for vents and make-up air units necessary to comply with requirements of the uniform codes (building, plumbing, electrical, and fire). Skylights are also permitted. Necessary roof vents and make- up air units shall be painted to match the roof surface which shall be gray in color. The gray roof color shall remain for the life of the project. Prior to the issuance of grading permits, the project site plan shall be revised to include bicycle parking facilities for each building such as bicycle lockers or racks. The required site plan mylar shall reflect this revision. No building permit will be issued unless the building plans incorporate these amenities. En2ineerin2 Conditions 27. 28. 29. 30. 31. Prior to issuance of any building permit, the developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formerly established by the City. The developer shall provide an acceptable means for maintaining the private easements within the site and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the site. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall provide sight distance corridors at all project driveways in accordance with Engineering Standards and shall include the following statement in the site plan and landscape plans: "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. The Developer shall pay his fair share for the "short-term improvements" to the El Camino Real/Palomar Airport Road intersection prior to approval of the final map or issuance of a grading permit, whichever occurs first. The amount shall be PC RESO NO. 4602 -8- 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 determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; an increase in the city-wide traffic impact fee; an increased or new Zone 5 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. Fees/A~reements 32. 33. 34. 35. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. The owner shall execute a hold harmless agreement for geologic failure. This project is located within the boundary of Bridge and Thoroughfare District (B&TD) No. 2, Aviara Parkway/Poinsettia Lane, and will be required to pay a B&TD fee estimated at $260/ ADT. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. Gradinli: 36. 37. 38. 39. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. The developer must submit and receive approval for grading plans in accordance with city codes and standards prior to issuance of a building permit for the project. Prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar drafting film and shall become a permanent record. No grading for private improvements shall occur outside the limits of the project unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the Site Plan or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved Site Plan as PC RESO NO. 4602 -9- 1 determined by the City Engineer and Planning Director. 2 Dedications!Improvements 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 40. 41. 42. 43. 44. 45. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City 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. Hidden Valley Road shall be dedicated by the owner along the project frontage based on a center line to right-of-way width of 68 feet and in conformance with City of Carlsbad Standards. Direct access rights for the project frontage with Hidden Valley Road, Palomar Airport Road and A viara Parkway, except for the project access driveways as shown on the site plan, shall be waived by separate deed document prior to building permit issuance. The drainage system shall be designed to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide 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 approved by the City Engineer. Said plans shall include but not be limited to notifYing prospective owners and tenants of the following: A. B. 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. 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. PC RESO NO. 4602 -10- 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 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 46. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan and the following improvements: A. Full improvements of Hidden Valley Road to Collector Standards along the project frontage and southerly off-site along the easterly right-of-way line to join existing improvements. B. Half street improvements of Palomar Airport Road to Prime Arterial Standards along the project frontage. C. Full improvements to Aviara Parkway to Major Arterial Standards along the project frontage. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. 47. The structural section for the access aisles must be designed 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. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City as part of the building site plan review. 48. The design of all private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. The standard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading permit for this project. 49. Drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not provided, shall be designed and incorporated into the grading/improvement plans for the project. 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, as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the Community Services Director and the City Engineer. PC RESO NO. 4602 -11- -· 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 Water Conditions 50. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/. or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. 51. The Developer shall provide detailed information to the District Engineer regarding water demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer flow in million gallons per day. 52. The entire potable water system, recycled water system and sewer system shall be evaluated in detail by Developer and District Engineer to insure that adequate capacity, pressure and flow demands can be met. 53. All District pipelines, pump stations, pressure reducing stations and appurtenances required for this project by the District shall be within public right-of-way or within easements granted to the District or the City of Carlsbad. 54. Sequentially, the Developer's Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. B. Prepare and submit a colored recycled water use area map and submit this map to the Planning Department for processing and approval by the District Engineer. C. Prior to the preparation of sewer, water and recycled water improvement plans, the Developer shall submit preliminary system layouts to the District Engineer for review, comment and approval. 55. The following note shall be placed on the site plan. "This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the District serving the development has adequate water and sewer capacity available at the time development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy." 56. All potable water and recycled water meters shall be placed within public right of way. 57. A public fire flow system shall be required for this industrial development, and it shall be constructed as a looped pipeline system. General Conditions 58. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so PC RESO NO. 4602 -12- .. 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 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan. CODE REl\fiNDERS The project is subject to all applicable provisions oflocal ordinances, including but not limited to the following: 59. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. 60. Some improvements shown on site plan and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. 61. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 62. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 63. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 64. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 65. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Planning Director. 66. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. 67. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the sign program required for the project and shall require review and approval of the Planning Director prior to installation of such signs. PC RESO NO. 4602 -13- . . . . ' 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 68. The developer shall pay all current fees and deposits required. 69. Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Public Facilities Fee imposed by City Council Policy #17, subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 70. Prior to issuance of a grading or building permit, the property owner shall pay the Master Drainage Fee in accordance with Carlsbad Municipal Code Chapter 15.08. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4602 -14- "• . . 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 • PAS SED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 1st day of September 1999, by the following vote, to wit: AYES: NOES: ABSENT: Chairperson Heineman, Commissioners Compas, L'Heureux, Trigas, and Welshons Commissioners Nielsen and Segall COURTNEY E. FIE:rNEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4602 -15- 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 PLANNING COMMISSION RESOLUTION NO. 4779 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUBSEQUENT MITIGATED NEGATIVE DECLARATION PERMITTING THE DELETION OF A TRAFFIC MITIGATION MEASURE FROM THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM APPROVED BY THE PLANNING COMMISSION ON SEPTEMBER 1, 1999 TO CONSTRUCT FOUR TWO-STORY MULTI-TENANT OFFICE BUILDINGS WITH A TOTAL AREA OF 250,093 SQUARE FEET ON A 25.28 ACRE SITE LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EXTENDING FROM AN AREA WEST OF HIDDEN VALLEY ROAD ON THE WEST TO AVIARA PARKWAY ON THE EAST IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER CASE NO.: SDP 97-25(A)/CDP 97-52(A) WHEREAS, Kelly Ranch Corporate Center I, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Kelly Ranch Corporate Center I, LLC and the Kelly Family Trust, Trust 3, "Owner," described as Parcels 1 & 2 of City of Carlsbad Boundary Adjustment No. 494 & Parcel 2 of City of Carlsbad Boundary Adjustment No. 388, excepting therefrom the portion lying easterly of A viara Parkway ("the Property"); and WHEREAS, a Subsequent Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 7th day of June, 2000, held a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Subsequent Mitigated Negative Declaration. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Subsequent Mitigated Negative Declaration according to Exhibit "ND" dated May 1, 2000, and "PII" dated April 24, 2000 and the Mitigation Monitoring and Reporting Program, attached hereto and made a part hereof, based on the following findings: Findings: 1. 2. 3. 4. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered the Subsequent Mitigated Negative Declaration, the environmental impacts therein identified for this project and said comments thereon, and the Mitigation Monitoring and Reporting Program, on file in the Planning Department, prior to APPROVING the project. Based on the EIA Part II and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment and hereby APPROVES the Subsequent Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program. The Planning Commission does hereby fmd that the Subsequent Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad. The Planning Commission finds that the Subsequent Mitigated Negative Declaration reflects the independent judgment of the Planning Commission of the City of Carlsbad. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the MEIR 93-01 which are appropriate to this project have been incorporated into the project. 22 Conditions: 23 24 25 26 27 28 1. 2. The following mitigation measure contained in the Mitigation Monitoring and Reporting Program adopted by the Planning Commission through Planning Commission Resolution No. 4601 is deleted: "Prior to issuance of a building permit, construction of Cannon Road Reach 2 shall be underway to the satisfaction of the City Engineer." The Developer shall implement, or cause the implementation of all the remammg mitigation measures contained in the attached Kelly Corporate Center Mitigation Monitoring and Reporting Program. PC RESO NO. 4779 -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 PAS SED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of June, 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, Heineman, L'Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: WILLIAM COMP AS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: • ~~ Planning Director PC RESO NO. 4779 -3- City of Carlsbad l@flhblei•i•X§.fili;,t§bl SUBSEQUENT MITIGATED NEGATIVE DECLARATION Project Address/Location: South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to Aviara Parkway on the east. Project Description: Deletion of a traffic mitigation measure requiring the construction of Cannon Road Reach 2 to be underway to the satisfaction of the City Engineer prior to the issuance of a building permit for the approved Kelly Corporate Center which consists of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Subsequent Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Subsequent Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 602-4612. DATED: CASE NO: CASE NAME: MAY 1, 2000 SDP 97-25/CDP 97-52 KELLY CORPORATE CENTER-DELETION OF A TRAFFIC MITIGATION MEASURE PUBLISH DATE: MAY 1, 2000 Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ SUBSEQUENT MITGATED NEGATIVE DECLARATION PURSUANT TO SECTION 15162 OF THE CEQA GUIDELINES (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO: SDP 97-25(A)/CDP 97-52(A) DATE: Aprill7, 2000 1. CASE NAME: Kelly Corporate Center-Deletion of a Traffic Mitigation Measure 2. APPLICANT: Kelly Ranch Corporate Center I, LLC 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2141 Palomar Airport Road, Suite 300, Carlsbad, CA 92008; (760) 929-2900 4. DATE EIA FORM PART I SUBMITTED: =Ja=n=ua=ry..;...=25=,-=2'"""0""""'00"------------- 5. PROJECT DESCRIPTION: On September 1, 1999 the Planning Commission approved a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Site Development Plan and Coastal Development Permit to allow the construction of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. Individual building areas are 72,593 square feet, 50,000 square feet, 50,000 square feet, and 77,500 square feet. A total of 1,006 at grade parking spaces will be provided. The total site area is 25.28 acres. The project site is located on the south side of Palomar Airport Road and extends from an area west of Hidden Valley Road on the west to A viara Parkway on the east. The approval included a mitigation measure requiring that "prior to the issuance of a building permit, construction of Cannon Road Reach 2 shall be underway to the satisfaction of the City Engineer." This proposal is a request to delete this mitigation measure based on the results of an updated transportation analysis. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. OLand Use and Planning ~Transportation/Circulation D Public Services D Population and Housing D Biological Resources Outilities & Service Systems D Geological Problems D Energy & Mineral Resources D Aesthetics Owater 0Hazards D Cultural Resources D Air Quality D Noise D Recreation D Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMP ACT REPORT is required. D I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. C8J Substantial changes occurred with respect to the circumstances under which the project is undertaken which no longer require one of the adopted transportation/circulation mitigation measures to be implemented. Planner Signature Date Date 2 Rev. 03/28/96 e ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 11, Section 15162 requires that when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines on the basis of substantial evidence in the light ofthe whole record, that one or more of several situations has occurred. For this project a revised circulation analysis has been completed for the project based on recent traffic count information and which does not rely on Cannon Road Reach 2 being part of the circulation network. The analysis includes additional projects proposed in the area. The environmental mitigation monitoring checklist approved for the project is attached. All the mitigation measures listed on the checklist still apply with the exception of the Palomar Airport Road/El Camino Real intersection fee which has been deleted based on the City Council repealing the moratorium related to the intersection failure and have been included for information purposes only. Analysis A report titled, "Transportation Analysis for Kelly Corporate Center Prepared for The Kilroy Realty Corporation -March 31, 2000" by Urban Systems Associates has been reviewed and accepted by the Engineering Department. The report analyzes the potential impacts of the Kelly Corporate Center Project on the circulation system. Although observation of the traffic flow on Palomar Airport Road would appear to be negatively impacted, by methods generally accepted statewide, the measurements of the capacity on the roadway are either acceptable or, with construction of additional capacity guaranteed, will be acceptable. For Interstate 5 and Palomar Airport Road, the City Council has previously adopted overriding considerations for the impact to those intersections. 1-5 and Palomar Airport Road are regional roadways and those particular intersections are controlled by Caltrans and not the City. The intersection of Paseo Del Norte (PDN) and Palomar Airport Road, although appearing to not have capacity, does have sufficient capacity. The reason for the apparent failure is the impact of the traffic backing up at the I-5 ramps, and ramp intersections, causing a line of vehicles from 1-5 through the PDN intersection. The current level of service, which is the measure accepted by the City's Growth Management Plan, for the PDN intersection is "C" in the a.m. peak and "C" in the p.m. peak. The lane capacities for Palomar Airport Road are 2,000 vehicles per hour, per lane. With the three lanes in both the eastbound and westbound direction, the capacity for the through lanes would be 12,000 trips per hour, with left-tum lanes having 1,800 vehicles per hour capacity and with the dual left- turn lanes the turn capacity would then be 3,600. Currently, the a.m. peak volume for through lanes at PDN is 3,550 vehicles/hr and for left-turns is 291 vehicles/hr. In the p.m. peak, the current volume is 3,524 vehicles/hr in the through lanes and 354vehicles/hr for left-turns. With the capacity of the through lanes at 12,000 vehicles/hr and the actual volume of traffic at approximately 3,500 vehicles/hr, it is shown that there is capacity at the intersection for the through lanes. Likewise, with a capacity of 3,600 vehicles/hr versus existing peak turns of350 vehicles/hr, capacity is available for additional traffic. At the College Boulevard and Palomar Airport Road intersection, the situation is even better than at the Paseo Del Norte intersection. The level of service in the a.m. peak is "B", with a p.m. level of service "C". The a.m. peak through volume is 2,300 vehicles/hr, and p.m. peak through 3 Rev. 03/28/96 volume 2,900 vehicles/hr. Left-tum volumes are 1,100 vehicles/hr and 339 vehicles/hr, respectively. Again, there is sufficient capacity at this intersection. The next impacted intersection on Palomar Airport Road is at El Camino Real. Currently, the level of service, as measured for growth management, does not comply with standards. The design and funding for construction, of additional tum lanes to meet the standards, is in place and will be constructed within the year. The level of service at El Camino Real and Palomar Airport Road in the a.m. peak is "F", and "E" in the p.m. peak. The main problem for the unacceptable level of service is in the right-tum movements at that intersection. The construction scheduled for this intersection would install a second right-tum lane for the two most critical movements. This will bring the level of service into acceptable ranges. In summary, from an environmental review standpoint, any additional proposed projects that would add traffic to these intersections, and thereby considered impacting the intersections, would not have a significant impact. A finding of insignificant impacts is appropriate. Attachment 4 Rev. 03/28/96 PROJECT NAME: Kelly Corporate Center FILE NUMBERS: SOP 97-25/CDP 97-52 APPROVAL DATE: _____________ CONDITIONAL NEG. DEC.: _____________ _ The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type 1) The Palomar Airport Road at Hidden Valley Road and Palomar Project Airport Road at Aviara Parkway intersections shall be designed with right turn only lanes for the eastbound to southbound right turn. A vehicle storage length of two hundred and fifty feet with transition designed to CAL TRANS specifications is recommended at Aviara Parkway and one hundred and fifty feet with transition at Hidden Valley Road. Fully designed and engineered improvement plans shall be prepared for these conditions for approval by the City Engineer. 2) Mitigation for impacts to southern willow scrub shall be Project mitigated by restoration of this habitat type at a 1 :1 ratio within the southwestern corner of the site as depicted on Figure 4, "Mitigation Location -Kelly Corporate Center'' of the Kelly Corporate Center Riparian Mitigation Plan dated April 21, 1999 prepared by Helix Environmental Planning, Inc. A detailed restoration plan must be developed and approved by the California Department of Fish and Game. The restoration plan must identify a planting plan, including plant palette and seed mixes, and develop success criteria for restoration. A maintenance and monitoring period, usually five years, will be required to assure that the restoration area meets with identified success criteria and restoration goals. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Engineering Planning Shown on Plans Yes Verified Implementation Rema,rk":~s II Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks =Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. m z < :;o 0 z s: m z -t )> r s: e :::! (j) ~ 0 z s: 0 z =i 0 :;o z (j) ("') :I: m ("') " e r (,JJ -t '"tJ IU c.o (!) ~ 0 ...., (11 Mitigation Measure 3) Offsite mitigation for 0.3 acres of riparian woodland shall be achieved through the establishment and placement of initial funds into a non-wasting fund approved by the U.S. Fish and Wildlife Service. This fund would allow for various management activities which benefit wetlands and the least Bell's vireo (Vireo bellii pusillus; vireo) within Encinas Creek to take place in perpetuity. The exact amount of this initial funding shall be determined by the USFWS. This amount, along with fund establishment and the identification of the entity charged with fund management, shall be approved by the USFWS prior to occupancy and written confirmation from USFWS shall be provided to the Planning Director. 4) Prior to grading plan approval areas of the site to be preserved in their existing condition shall be clearly demarcated on the grading plans to the satisfaction of the Planning Director and City Engineer. A habitat protection fence detail approved by the Planning Director and City Engineer shall be included on the grading plan along with the location for its installation. These areas shall be fenced in the field by a qualified biologist who shall also submit to the Planning Director a letter attesting to the accuracy of the fencing location prior to the issuance of a radin ermit. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. Department. or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring T e Shown on Plans Remarks Project Project Planning Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks =Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. m z < ;;o 0 z s: m z :;! r ~-G') ?!i 0 z s: 0 z =i 0 ~ z G') (") :I: m (") ;J:; ~--i "tJ C) (Q (I) 1\,) a 0'1 Mitigation Measure 5) To assure that no direct impacts to the least Bell's vireo occur during project grading, all grading that creates noise in excess of 60 dB Leq at the western property boundary shall occur outside of the vireo breeding season (March 15 -September 15). Alternatively, grading noise levels shall be reduced to below 60 dB Leq by the construction of noise attenuation devices during the breeding season. Grading that creates noise in excess of 60 dB Leq at the western property boundary during the vireo breeding season would be allowed if it can be shown, based on focused surveys by a qualified biologist, that no least Bell's vireos are using habitat in areas where the 60 dB Leq threshold is exceeded. Alternatively, a noise barrier that reduces grading noise to below 60 dB Leq could also be used to reduce impacts to below a level of significance. A noise monitoring program indicating the type of equipment to be used to measure noise levels, the monitoring location, responsible personnel and the frequency of monitoring as its relates to the grading schedule shall be submitted for Planning Director and U.S. Fish and Wildlife Service approval prior to the issuance of a grading permit unless the focused surveys indicate that no least Bell's vireos are using habitat that would be impacted by noise levels exceeding 60 dB Leq. If it is determined that indirect impacts cannot be avoided, "take" would need to be authorized as part of a section 7 consultation with the U.S. Army Corps of Engineers. Explanation of Headings: Type =Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring T Project Monitoring De artment Planning Remarks Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD -Appendix P. m z < ;c 0 z 3: m z > r- ~-G) )> -1 0 z s: 0 z -1 0 2!! z G) 0 :r m 0 " ~--1 "'0 Sl.) (Q (J) (...) a (Jl Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 6) To minimize indirect impacts to Encinas Creek, the Project proposed 50 foot setback shall be revegetated using native upland plant species. This shall be included in the landscape plans for the project which must be approved prior to the approval of a grading plan. Review and approval of the landscape plans for the buffer area by the USFWS is also required prior to grading plan approval. Limited encroachment into the 50 foot setback where access to the site is gained from Aviara Parkway is acceptable to allow for appropriate traffic spacing on Aviara Parkway and is shown on the project plan. 7) An exterior lighting plan including parking areas shall be Project submitted for Planning Director and U.S. Fish and Wildlife Service approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The maximum height of all light fixtures shall not exceed 30 feet. 8) Proposed office buildings shall be noise attenuated to an Project interior level of 50 decibels CNEL based on an acoustical study submitted along with building plans. Concurrent with the submittal of building plans the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects registration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted and approved by the Planning Director prior to building permit issuance. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Planning Planning Planning Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. m z < ;;o 0 z s: m z -1 )> r s: e =i G) )> -1 0 z s: 0 z -1 0 ;;o z G) 0 ::I: m 0 " e c en -1 "'tJ I» cc (I) ,J::o. 0 ..., (.11 Mitigation Measure 9) Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 1 0) Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 11) Prior to the issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. 11) Prior to issuance of a building permit, construction of Cannon Road Reach 2 shall be underway to the satisfaction of the City Engineer. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Mon T Project Verified lm lementation Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks Area for describing status of ongoing mitigation measure, or for other RD • Appendix P. m z < ;:;a 0 z s: m z -1 )> r ~-G) ~ 5 z s: 0 z :::j 0 ;:;a z G) 0 ::I: m 0 " ~--1 .. "'tJ I» cc ('I) c.n a c.n 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 PLANNING COMMISSION RESOLUTION NO. 5726 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FOUR YEAR EXTENSION OF SITE DEVELOPMENT PLAN SDP 97- 25(A) TO CONSTRUCT FOUR OFFICE BUILDINGS ON PROPERTY GENERALLY LOCATED ADJACENT TO AND SOUTH OF PALOMAR AIRPORT ROAD BETWEEN HIDDEN VALLEY ROAD AND A VIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER CASE NO.: SDP 97-25(A)x1 WHEREAS, KELLY CORPORATE CENTER II, LLC, "Developer" and "Owner," has filed a verified application with the City of Carlsbad regarding property described as Parcels 3, and 4 of MS 01-08, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 19207, filed in the Office of the County Recorder of San Diego, April 9, 2003 as file number 2003-0402795 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan Extension as shown on Exhibits "A" -"X" dated September 1, 1999, on file in the Planning Department, KELLY CORPORATE CENTER-SDP 97-25(A)x1 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of October, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Extension. WHEREAS, on September 1, 1999, the Planning Commission approved, SDP 97-25, as described and conditioned in Planning Commission Resolution No. 4602. 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 WHEREAS, on June 7, 2000, the Planning Commission approved, SDP 97- 25(A), a Subsequent Mitigated Negative Declaration deleting a traffic mitigation measure for SDP 97-25, as described and conditioned in Planning Commission Resolution No. 4779. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission APPROVES KELLY CORPORATE CENTER -SDP 97- 25(A)x1 based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for SDP 97-25 and SDP 97-25(A), which are contained in Planning Commission Resolutions No. 4602 and 4779, apply to this extension and are incorporated herein by this reference. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 1. 2. 3. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan. All conditions of approval imposed upon Site Development Plan SDP 97-25 and SDP 97-25(A) as stated in Planning Commission Resolutions No. 4602 and 4779 shall apply as conditions of approval for SDP 97-25(A)x1 and are incorporated by this reference, except Condition No. 21 of Planning Commission Resolution No. 4602 which is replaced by Condition No. 3 below and Conditions No. 4, 11, 18, 22, and 23 which have been fulfilled. This approval shall become null and void if not exercised within 48 months from the date of project approval (October 6, 2004). PC RESO NO. 5726 -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 4. 5. 6. Developer shall apply for and obtain a precise grading permit from the City Engineer prior to issuance of a building permit for the remaining buildings. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall verify and submit proof that the project still has coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity (SDID Number). A current "Storm Water Pollution Prevention Plan (SWPPP)" shall be on file at the city Prior to the issuance of a precise 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 Runoff Management 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. b. c. d. e. f. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 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 to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to building occupant education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. NOTICE Please take NOTICE that approval ofyour project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RESO NO. 5726 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 6th day of October 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, Montgomery, and Segall Chairperson Whitton and Commissioner Heineman R, Vice Chairperson ~'-D!oo.U...~ PLANNING COMMISSION ATTEST: M~~~~& Planning Director PC RESO NO. 5726 -4- 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 PLANNING COMMISSION RESOLUTION NO. 6537 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FOUR YEAR RETROACTIVE EXTENSION OF A SITE DEVELOPMENT PLAN (SDP 97-25(A)x1) TO CONSTRUCT A 50,000 SQUARE FOOT, 2-STORY MULTI-TENANT OFFICE BUILDING ON PROPERTY GENERALLY LOCATED ADJACENT TO AND SOUTH OF PALOMAR AIRPORT ROAD BETWEEN HIDDEN VALLEY ROAD AND A VIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER CASE NO.: SDP 97-25(A)x2 WHEREAS, KELLY CORPORATE CENTER II, LLC, "Developer" and "Owner" has filed a verified application with the City of Carlsbad regarding property described as Parcels 3 of MS 01-08, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 19207, filed in the Office of the County Recorder of San Diego, April 9, 2003 as file number 2003-0402795 of Official Records ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan Extension as shown on Exhibits "A" -"X" dated September 1, 1999, on file in the Planning Department, KELLY CORPORATE CENTER-SDP 97-25(A)X2 as provided by Chapter 21.06/Section 21.53.120 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on 4th day of March, 2009, hold a duly noticed public hearing as prescribed by law to· consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Extension; and WHEREAS, on September 1, 1999, the Planning Commission approved, SDP 97-25, as described and conditioned in Planning Commission Resolution No. 4602; and 1 2 3 4 5 6 7 8 9 10 11 WHEREAS,. on June 7, 2000, the Planning Commission approved, SDP 97- 25(A), Subsequent Mitigated Negative Declaration, deleting a traffic mitigation measure for SDP 97-25, as described and conditioned in Planning Commission Resolution No. 4779; and WHEREAS, on October 6, 2004, the Planning Commission approved, SDP 97- 25(A)x1, as described and conditioned in Planning Commission Resolution No. 5726. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES KELLY CORPORATE CENTER -SDP 97- 12 25(A)x2 based on the following findings and subject to the following conditions: 13 Findings: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. The adopted findings for SDP 97-25(A)x1, which are contained in Planning Commission Resolution No. 5726, apply to this extension and are incorporated herein by this reference. That the Planning Director determined the potential environmental effects of the project were adequately analyzed by the previously adopted Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for Kelly Corporate Center -SDP 97-25 and CDP 97-52 approved at Planning Commission on September 1, 1999, as well as a previously adopted subsequent MND for Kelly Corporate Center-SDP 97-25(A) and CDP 97-52(A}, approved at Planning Commission on June 7, 2000. The construction of the 2-story multi-tenant office building has been conditioned to implement all applicable mitigation measures pursuant to the approved Mitigation Monitoring and Reporting Program for SDP 97-25 and CDP 97-52. No additional environmental review is required. Conditions: 1. Note: Unless otherwise specified herein, all conditions shall be satisfied pnor to building or grading permit issuance, whichever occurs first. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained· according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the PC RESO NO. 6537 -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 2. 3. 4. 5. 6. 7. 8. property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan Extension. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Extension documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall implement, or cause the implementation of, the SDP 97-25 and CDP 97- 52 (Kelly Corporate Center) Project Mitigation Monitoring and Reporting Program as amended by SDP 97-25(A) and CDP 97-52(A). Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan Extension, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even ifthe City's approval is not validated. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of CDP 97-52(A)x2 and is subject to all conditions contained in the administrative approval documents for those other approvals incorporated herein by reference. 9. Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to PC RESO NO. 6537 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a retroactive extension by Resolution No. 6537 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. All the conditions contained in Planning Commission Resolution No. 5726 dated October 6, 2004, for SDP 97-25(A)xl are incorporated herein by reference and remain in effect, except Condition No. 3, 5 and 6 which are superseded by Conditions 11-15 below. This Site Development Plan Extension is granted retroactively from October 6, 2008 to October 5, 2012. Engineering: Grading 12. 13. 14. Developer shall comply with the City's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devises, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Developer shall incorporate Low Impact Design (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PT AF) pursuant to City Engineering Standards. Concurrent with the PT AF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PT AF all to the satisfaction of the City Engineer. PC RESO NO. 6537 -4- 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 15. Developer shall revise and update the Water Quality Technical Report dated July 16, 2004 and submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. Fees/ Agreements 16. Developer shall cause property owner to process, execute and submit a copy to the City Engineer for recordation a City standard Permanent Stormwater Quality best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit whichever occurs first for this Project. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6537 -5- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on March 4, 2009, by the following vote, 3 to wit: 4 5 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery 6 NOES: 7 8 ABSENT: 9 ABSTAIN: 10 11 12 13 14 ATTEST: 15 fl/t 16 17 DONNED 18 Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6537 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6537 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FOUR YEAR RETROACTIVE EXTENSION OF A SITE DEVELOPMENT PLAN (SDP 97-25(A)x1) TO CONSTRUCT A 50,000 SQUARE FOOT, 2-STORY MULTI-TENANT OFFICE BUILDING ON PROPERTY GENERALLY LOCATED ADJACENT TO AND SOUTH OF PALOMAR AIRPORT ROAD BETWEEN HIDDEN VALLEY ROAD AND A VIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER CASE NO.: SDP 97-25(A)x2 WHEREAS, KELLY CORPORATE CENTER II, LLC, "Developer" and "Owner" has filed a verified application with the City of Carlsbad regarding property described as Parcels 3 of MS 01-08, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 19207, filed in the Office of the County Recorder of San Diego, April 9, 2003 as file number 2003-0402795 of Official Records ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan Extension as shown on Exhibits "A" -"X" dated September 1, 1999, on file in the Planning Department, KELLY CORPORATE CENTER-SDP 97-25(A)X2 as provided by Chapter 21.06/Section 21.53.120 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on 4th day of March, 2009, hold a duly noticed public hearing as prescribed by law to· consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Extension; and WHEREAS, on September 1, 1999, the Planning Commission approved, SDP 97-25, as described and conditioned in Planning Commission Resolution No. 4602; and 1 2 3 4 5 6 7 8 9 10 11 WHEREAS,. on June 7, 2000, the Planning Commission approved, SDP 97- 25(A), Subsequent Mitigated Negative Declaration, deleting a traffic mitigation measure for SDP 97-25, as described and conditioned in Planning Commission Resolution No. 4779; and WHEREAS, on October 6, 2004, the Planning Commission approved, SDP 97- 25(A)x1, as described and conditioned in Planning Commission Resolution No. 5726. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES KELLY CORPORATE CENTER -SDP 97- 12 25(A)x2 based on the following findings and subject to the following conditions: 13 Findings: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. The adopted findings for SDP 97-25(A)x1, which are contained in Planning Commission Resolution No. 5726, apply to this extension and are incorporated herein by this reference. That the Planning Director determined the potential environmental effects of the project were adequately analyzed by the previously adopted Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for Kelly Corporate Center -SDP 97-25 and CDP 97-52 approved at Planning Commission on September 1, 1999, as well as a previously adopted subsequent MND for Kelly Corporate Center-SDP 97-25(A) and CDP 97-52(A}, approved at Planning Commission on June 7, 2000. The construction of the 2-story multi-tenant office building has been conditioned to implement all applicable mitigation measures pursuant to the approved Mitigation Monitoring and Reporting Program for SDP 97-25 and CDP 97-52. No additional environmental review is required. Conditions: 1. Note: Unless otherwise specified herein, all conditions shall be satisfied pnor to building or grading permit issuance, whichever occurs first. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained· according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the PC RESO NO. 6537 -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 2. 3. 4. 5. 6. 7. 8. property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan Extension. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Extension documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall implement, or cause the implementation of, the SDP 97-25 and CDP 97- 52 (Kelly Corporate Center) Project Mitigation Monitoring and Reporting Program as amended by SDP 97-25(A) and CDP 97-52(A). Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan Extension, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even ifthe City's approval is not validated. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of CDP 97-52(A)x2 and is subject to all conditions contained in the administrative approval documents for those other approvals incorporated herein by reference. 9. Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to PC RESO NO. 6537 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a retroactive extension by Resolution No. 6537 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. All the conditions contained in Planning Commission Resolution No. 5726 dated October 6, 2004, for SDP 97-25(A)xl are incorporated herein by reference and remain in effect, except Condition No. 3, 5 and 6 which are superseded by Conditions 11-15 below. This Site Development Plan Extension is granted retroactively from October 6, 2008 to October 5, 2012. Engineering: Grading 12. 13. 14. Developer shall comply with the City's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devises, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Developer shall incorporate Low Impact Design (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PT AF) pursuant to City Engineering Standards. Concurrent with the PT AF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PT AF all to the satisfaction of the City Engineer. PC RESO NO. 6537 -4- 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 15. Developer shall revise and update the Water Quality Technical Report dated July 16, 2004 and submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. Fees/ Agreements 16. Developer shall cause property owner to process, execute and submit a copy to the City Engineer for recordation a City standard Permanent Stormwater Quality best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit whichever occurs first for this Project. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6537 -5- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on March 4, 2009, by the following vote, 3 to wit: 4 5 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery 6 NOES: 7 8 ABSENT: 9 ABSTAIN: 10 11 12 13 14 ATTEST: 15 fl/t 16 17 DONNED 18 Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6537 -6- IIOUiliR\'DoiTA CHI'UIIHDS~IIDIMMI &. SSUf 111U'11'E "" 111Af I traY• KELLY INDEX MAP EXISTING fASEIIENTS !£~~~ ~~~-l00III ~~=.a,~ ~~-MrOIIIMIPMal. 110!1QIIo18110)161 ~L~~ ~~~~f!EFERDa) ~.:.,::!w,._ ~:i.~-lD~ ~~£-lO~~~MWJ(-mllliEI.JQIHD :r~."Jru:hw,_TODWI STREET SECTIONS NO SCALE NO!! MTVll£ fASQ!£)(JS ''"'" 1.~~-~S[I'UIT!mi'IOIII «liCrMI'f.lll.EI'OICI!IlDOC.(I .. II).tsan) 4Z.a.-£TM~Ml£.t.!!D'£E!JI7 4J.a-D~IISUJI£E311 ~tsvr!iRIIDCISPEIItO.S.f5115 ~ AEPO:r0fnl.I!BIOC.1llt14 (SEE:L£TIO~"'llf"Ari.!Fl) 52. J[f'W Of P.T.l.lltlllll. II ('S(IL£T101~1'D,.ATW1) 5J.A£P£AJOfP.T.l.lfOIG1l,15.Zl,ltJ4 ('S(ItrT!tii~"E"IIJWl) !!II.IIEPOOOfP.T.l.IIOINil21 (SQ:IITTEJI0£511:Mm:Jj~.l,ll£11) li0.£11$1'.-0flllfRllll'lltllllrll-..m. 11. DSI'.IOtiOflllfRIII'liiUYR-arflll. CORPORATE CENTER NCIIPUJrlM.[ENCtlliii!WC(S ...... 1,2.3,4,1,17,18.11.20.24,25,26, Z7.21.lO.J1,33,.35,31,:r7,J8,J!I,44, 4!,.54,55,.!18,S7,55,66,17,118,ell,70, 71, 72. 7J, 74, t 7!1 LEGAL DESCRIPTION 1. PNICR ltST tf tao VAl.I.£J IICW) THOS(I'OimlfSOI"PM:US ~.ii"I:'C"Off'AII:a.IIIIPIIlml,IIMaT'fOI" ~co.tiiYOfSNII)(Q:),S'WtOfCIUllR!tlo,fUDIMTI£om::£0fMOlMIY ~IILCJST2.!,1V41SfUND.74-2l03250fllfFli:W.IIECOIIlSSIC*IASFWilll Of CDr~F~CJ~ll: r~ COII'UIHCt RmllllED w.Y e.tm AS ru 110. i7-G2TS10 or Off'DJILII£CtRlSOfSNIIl(GOCOl.Nl'l'. z. 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APPUCANT KELlY R.tfiOl CORI'ORATE CENTER I, U.C 065 CX[CIJM DR. ,51[. 850 SAN O£GO , CA. 92121-21:50 (519)550-19:50 BENCHMARK = OCSC!l1PilJif: STO.U.S.C..tC.S."ROCit" l.OCATON NoiD 8J COORClNAlt: N 1,9M,685254 s 6,2-4(1,676.744 REoomED: SAN DIEGO COUNTY CONTROl.IIOOKPG.124,1991 fll:'IAOON: 323619 01\Mt WSL; ~I,~· ,·I~ ~ DETIIIL: CONCRETE SWALE NO SCAI.£ OWNER PARCELS 1 o!c 2 KillYIW«:HCORf'OR,I,TECEKIERI,LlC tl6!1EXrCUTIVEOA . .5J[.850 SAN DECO, CA.. 92121-2\JO {619)550-19JO PARCEL 3 KnLY FNA.Y TRUST, TRUST l 2770SUNNYCRE£KRO. oo..s&D. CA. 92008 VICINITY MAP NOTES = EXJSTINGZ(Hr!G: PRa'OSEDlONINC. """"P\Jit PRCf'OSEDI.AN)USE: ~PARttl.MAIIERS: Nl{AIItllftiB().KW!Y: """' STORllt:RNNS: 00 .t El!CTRICITY: lt:l.£1'HCN:: nREPROTECTION: ZONN; 0fl011W,CE; P-111--0, E-o\ 1!0-W--Q P-M-0, E-A. RD-W-Q P lOS, U.,. RY """' 211-o40-35,48.$4.t~ ZS.26.1C. CITYOI"C~Rt.Sa<l SANDIECOGAS.tEI..ECTRIC """""" CN!I..SIWJ m: DEPART\100 S£CTQI21.5J.2JO;SEEIJioDSCN'E CONCE?T~~t.NI)US£.1.JH)SC'N'EOAR[.IS""Ol.NI\'El.I1'EDAREA. TOPCJfWMI~fi.LVAl!OMS FlNISHSURF"M::EEI..EVA"JION l"i1CH POINT El.EY.O.T1(fol --o-s- -w-- OTY IIII(ING /91KE TRAIL ---, o~"""'" 100 ~-UoUTS r:l -..cl.o.nON --asKr~KIJYCRlA17W"I"F'f<IC!Ir.Jlf?INfl1!$ &!D SITE DATA wr-PAIHTCDWIIff£ Nll.AII!HtllllllCIIR'I': ll.lllfC.. Ttii"AI.AI!Eo\rl W:TOIEIIWID: 1U\IL MlllllllrECl/1: V.OOOC.T. 27,(biC.T. N..l.IIM.U 8I.JIJIC.T. S1.f\QWIC(Cb[ll;; ·, •• n.61XJC.T. IMXIUI 11D1T r:l Prlli'OSEil jn flm_ , .' 11 ~.(2.1) lll."ddllllQII"OF"PIICf'OSEl)ctlt~' 5rT.(l:-!J APPROVED CROSBY MEAD ~~~~~s ~n .P~n.,....•Suro.yo" 151'115G!III:fo--~--too C-be<i.l:follfwuloii2DOII ~).,.-lt\0 SITE 0£VEI.OF'troiEHT PLAN KELLY CORPORATE CENTER U.OYOS.HUI38S 23889£XJ>.12JI7-,- ~~ ""'""" 11=..-;.;;1 ..JNoll7-002 5:\IICADLDO\llmd_Pr:o.•erts\ 1224-00\dwg\awg\ 1224-SP-12 dwg 7/20/2004 3:28:27 PM PST I ; ' I I I ( ~ '§?/&~ ,, GRAQI"G MUT· A"PRE:CIS£"~li'IGI'£NI!IT11L.LIIt~I~""ICftTOll£ 9JILDING~!Tl~»>P.w::tl...4. STCJN !ATfR STN()ARQS a:NSTRI£HtH SITE CA~ HI~ f'RICIUTY. !in:IAl'ERWALITYTEtMHCAI..~(WQTR}rui:PEI'IItAI€NT !M''S NO tof'OCS/STCRY lATER F'ClliJt!CW PREVENI'II»> PUN (SFf'P) REP0n Felt ~1(11 til'"$, Pllf:P.w:II FCft TI-E """""- SCAlE: 1"•30' "' .. ,._ Pp 9.11 ~r r;: ~ ~ ~~ r;: {l ~~ ' "' 0 z >--w w :r "' w w "' NOTE: SEE INDEX MAP ON SHEET NO. EASEMENT IDENTIFICATION l__ ______________________ _ -z..:-z.. _.._;-· 1 \ I I REVISION DESCRIPTION APPHOVED SITE OE\'ELOPt.IENT PLAN KELLY CORPORATE CENTER OTYOIGIN R ~I ~-- ' ll:;;:;j j -';- 5; ----- ,I , __ -fo· =~-,.· ,.-.... ~..:· ~. APPROVED I I I I I ----'/ . 1,-- 1\. I',, I ..._ L '<~~ .... --------- J I ~~-··~ .. =--:m:--~----------;;:~~·······~··~~/( ,-----••lf!U!--~CIItiiTMIIIC:Il0 t"\"T~IIU'WI·I'BI- -~ PUBLIC SERVICE AGENCIES _,. c:AIIII..IIWD l"lHCP.t&. ... ,.,. OIITM:T -.._..~. Uot...-c.tiii.IID.tOI"'HH:PAL*181~COAei'A.~ • ......,, .,. • BK'*' a... oeao tYa •~L~CTM: "-"o-..A c:rTTC.G.IIII..I6M) ICMOI:llto CoiiiUIIWP INfiP ~ e~•na:t PROJECT DATA ~IIICIJa, ........ _ _....... __ _,_ ------..... ---~ ................. ,.._,. -- IIIU.T...:N-.caftlii;UC. -l:le:UI'fle011114.UTI- ... 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