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HomeMy WebLinkAbout2005-02-15; City Council; 17984; Kelly Corporate CenterIO AB# 17,984 MTG. 2/15/05 DEPT. PLN CITY OF CARLSBAD -AGENDA BILL TnLE: KELLY CORPORATE CENTER GPAEC GPA 04-09/ZC 04-05/LCPA 04-08 Environmental Review GPA 04-09 ZC 04-05 LCPA 04-08 CITY ATTY. X X X X RECOMMENDED ACTION: That the Council INTRODUCE Ordinance No. , APPROVING Zone Change ZC 04-05 and ADOPT Resolution No. 2005-046 ADOPTING a Negative Declaration, and APPROVING General Plan Amendment 04-09 and Local Coastal Program Amendment LCPA 04- 08. NS-743 ITEM EXPLANATION: Project application(s) I Administrative I Reviewed by and I To be Reviewed - I I Approvals I Final at Planning I Final at Council Commission On January 5, 2005, the Planning Commission recommended (7-0) approval of the General Plan and Local Coastal Program Amendment (LCP) and Zone Change for properties within the Kelly Corporate Center industrial subdivision, located on the southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway south of Palomar Airport Road. This City initiated application is necessary to correct an existing inconsistency between the General Plan, LCP and Zoning designations. The existing General Plan, LCP and zoning designations are: not consistent with each other; remnants of pyevious development projects; and are not coincident with the existing uses, zoning and existing open space easements. The amendment also revises the Open Space and Conservation Element of the General Plan for consistency. The proposal would change the Residential Medium Density (RM) and Planned Industrial (PI) General Plan designations over roughly 9.5 acres to Open Space (OS). The Residential Density- Multiple with a Qualified Development Overlay (RD-M-Q), Residential Single-family with a Qualified Development Overlay (R-1-Q) and Planned tndustrial (PM) zoning designations are proposed to be changed to Open Space. The LCP land use designation would be changed from RM and PI to OS. ENVIRONMENTAL: The potential environmental impacts due to the proposed land use and zone change were reviewed For potentially significant adverse impacts to the environment pursuant to the California Environmental Quality Act (CEQA). No construction or revisions to the approved development plan are proposed, therefore no impacts to physical features would occur. The proposed change in land use and zoning will bring the General Pian, Zoning and Local Coastal Program into conformance with each other and do not impact the existing approved development. No land within the area of the changes could be further subdivided or developed. Given the above, the proposed land use and zoning designation changes would not produce any significant adverse impacts to the environment. The Planning Director issued a Negative Declaration on October 19, 2004 for a 30-day public review period and no comments were received. I PAGE 2 OF AGENDA BILL NO. 17,984 FISCAL IMPACT: There are no fiscal impacts from the proposed General Plan, Zoning and Local Coastal Program Amendments. EXHIBITS: 1. City Council Ordinance No. NS-743 2. City Council Resolution No. 2005-046 3. Location Map 4. 5. 6. Planning Commission Resolutions No. 5795, 5796, 5797, and 5798 Planning Commission Staff Report, dated January 5,2005 Excerpts of Planning Commission Minutes, dated January 5, 2005. DEPARTMENT CONTACT: Van Lynch, (760) 602.461 3, vlync@ci.carlsbad.ca.us 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 2c 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 04-05, FROM RESIDENTIAL DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT OVERLAY (RD-M-Q), RESIDENTIAL SINGLE- FAMILY WITH A QUALIFIED DEVELOPMENT OVERLAY (R-I- Q), AND PLANNED INDUSTRIAL (PM) TO OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD AND BETWEEN HIDDEN VALLEY ROAD AND AVIARA PARKWAY, SOUTH OF PALOMAR AIRPORT ROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: KELLY CORPORATE CENTER GPAlZC CASE NO.: ZC 04-05 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit “ZC 04-05,” dated January 5, 2005, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5797 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 15th day of February , 2005, and thereafter Ill Ill Ill Ill ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the , 2005, by the following vote, to wit: day of AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- ZC 04-05 - Kelly Corporate Center GPNZC Property From: A. 21 2-040-66-00 P-M-Q/R-l -Q/RD-M-Q B. 21 2-040-67-00 P-M-Q C. 21 2-040-70-00 P-M-Q/E-A Januaw 5.2005 To: P-M-Q/OS P-M-Q/OS P-M-Q/OS EXISTING PROPOSED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE RESIDENTIAL MEDIUM DENSITY (RM) AND PLANNED INDUSTRIAL (PI) GENERAL PLAN DESIGNATIONS TO OPEN SPACE ON ROUGHLY 9.5 ACRES OF PROPERTY WITHIN THE KELLY CORPORATE CENTER INDUSTRIAL SUBDIVISION GENERALLY LOCATED ON THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD AND BETWEEN HIDDEN VALLEY ROAD AND AVIARA PARKWAY, SOUTH OF PALOMAR AIRPORT ROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER GPNZC CASE NO.: GPA 04-091ZC 04-05/LCPA 04-08 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on January 5, 2005, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration, General Plan Amendment, Zone Change and Local Coastal Program Amendment; and WHEREAS, the City Council of the City of Carlsbad, on the 15th day of February , 2005, held a duly noticed public hearing to consider said Negative Declaration, General Plan Amendment and Local Coastal Program Amendment and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the Negative Declaration and/or GPA 04-09/LCPA 04-08; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That all recitations are true and correct. 2. That the City Council approves GPA 04-09/LCPA 04-08 and incorporates the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 5796 and 5798, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. That the application for a Negative Declaration and Local Coastal Program Amendment on property located on the southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway south of Palomar Airport Road are approved as shown in Planning Commission Resolutions No. 5795 and 5798. 3. 6 1 L L C - t r I E S 1c 11 12 13 14 15 'e 17 18 19 20 21 22 23 24 25 26 27 28 4. That the application for a General Plan Amendment to change the land use designation from Residential Medium Density (RM) and Planned Industrial (PI) to Open Space (OS) and an amendment to the Open Space and Conservation Element on property generally located on the southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway south of Palomar Airport Road, as shown in Planning Commission Resolution No. 5796, is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 1 comprised of GPA 01-03, GPA 03-11, GPA 04-05, GPA 04-07, GPA 04-09, GPA 04-14, GPA 04-16, and GPA 04-18. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15th day of February , 2005, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: ABSENT: ATTEST: dd -+6RWWWOOQ, City Clerk (SEAL) -2- EXHIBIT 3 SITE KELLY CORPORATE CENTER GPNZC GPA 04-09/ZC 04-05/LCPA 04-08 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 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5795 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION TO AMEND THE LAND USE AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE GENERAL PLAN, THE ZONING MAP AND THE MELLO I1 SEGMENT OF THE LOCAL COASTAL PROGRAM TO CHANGE THE RESIDENTIAL MEDIUM DENSITY (RM) AND PLANNED INDUSTRIAL (PI) GENERAL PLAN DESIGNATIONS AND THE RESIDENTIAL DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT OVERLAY (RD-M-Q), RESIDENTIAL SINGLE-FAMILY WITH A QUALIFIED DEVELOPMENT OVERLAY (R-1-Q) AND PLANNED INDUSTRIAL (PM) ZONING DESIGNATIONS TO OPEN SPACE ON ROUGHLY 9.5 ACRES OF PROPERTY WITHIN THE KELLY CORPORATE CENTER INDUSTRIAL SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD AND BETWEEN HIDDEN VALLEY ROAD AND AVIARA PARKWAY, SOUTH OF PALOMAR AIRPORT ROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER GPNZC CASE NO.: GPA 04-09/ZC 04-05/LCPA 04-08 I WHEREAS, the City of Carlsbad has filed a verified application with the City of Carlsbad regarding property described as Parcel A of Parcel Map 147 in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2993, filed in the Office of the County Recorder of San Diego, August 23,1974 as file number 74-230326 and 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, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 5th day of January 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and 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, 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 Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 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 hereby RECOMMENDS ADOPTION of the Negative Declaration, Exhibit “ND,” dated October 19, 2004, according to Exhibits “NOI” dated October 19,2004, and “PII” dated October 12,2004, attached hereto and made a part hereof, based on the following findings: Findings: 1. ... ... ... ... ... The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Negative Declaration for KELLY CORPORATE CENTER GPA/ZC - GPA 04-09/ZC /04-05/LCPA 04-08, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Negative Declaration has 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; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PC RES0 NO. 5795 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of January 2005; by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: -1 N. SEGALL, airperson CARLSBAD PLANN~NG COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5795 -3 - / - City of Carlsbad NEGATIVE DECLARATION CASE NAME: KELLY CORPORATE CENTER GPNZC PROJECT LOCATION: The southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway, south of Palomar Airport Road. 212-040-66, 212- CASE NO: GPA 04-09/ZC 04-05LCPA 04-08 040-67,2 12-040-70. PROJECT DESCRIPTION: Request for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment to change the Residential Medium Density (RM) and Planned Industrial (PI) General Plan land use designations to Open Space and change the Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q), Residential Single-family with a Qualified Development Overlay (R-1 -Q), and Planned Industrial (PM) zoning designations to Open Space on roughly 9.5 acres of property within the Kelly Corporate Center industrial subdivision. The amendments are to designate properties as open space that are constrained by topography, biological resources, and previously encumbered by open space easements through previous discretionary approvals (SDP 97-25). The properties are remnant parcels fiom previous development approvals which are being General Plan and Zoned as Open Space for mapping consistency. Surrounding uses are residential to the south and industrial professional office buildings to the north. Most of the open space is within the Encinas Creek drainage. DETERMINATION: 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 (EL4 Part 2) did not identify any potentially significant impacts on the environment, and the City of Carlsbad finds as follows: / The proposed project COULD NOT have a significant effect on the environment. The proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 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. (Negative Declaration applies only to the effects that remained to be addressed). 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. 0 A copy of the initial study (EL4 Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: , pursuant to Citv Council Resolution No. ATTEST: DON NEU Assistant Planning Director @ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us - City of Carlsbad NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CASE NAME: PROJECT LOCATION: KELLY CORPORATE CENTER GPA/ZC The southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway. south of Palomar Aimort Road. CASE NO: GPA 04-09/ ZC 04-05/ LCPA 04-08 PROJECT DESCRIPTION: Request for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment to change the Residential Medium Density (RM) and Planned Industrial (PI) General Plan land use designations to Open Space and change the Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q), Residential Single-family % with a Qualified Development Overlay (R-1-Q), and Planned Industrial (PM) zoning designations to Open Space on roughly 9.5 acres of property within the Kelly Corporate Center industrial subdivision. The amendments are to designate properties as open space that are constrained by topography, biological resources, and previously encumbered by open space easements through previous discretionary approvals (SDP 97-25). The properties are remnant parcels from previous development approvals which are being General Plan and Zoned as Open Space for mapping consistency. Surrounding uses are residential to the south and industrial professional office buildings to the north. Most of the open space is withm the Encinas Creek drainage. J PROPOSED DETERMINATION: 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 (EM Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration 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 30 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approvalladoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. PUBLIC REVIEW PERIOD October 19,2004 to November 18,2004 PUBLISH DATE October 19,2004 1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-4600 FAX (760) 602-8559 9 www.ci.carlsbad.ca.us January 30,2003 13 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: GPA 04-09//ZC 04-05LCPA 04-08' DATE: October 12.2004 BACKGROUND 1. CASE NAME: Kelly Comorate Center GPMZC 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Van Lynch 760-602-46 13 4. PROJECT LOCATION: One lot west and easterly of Hidden Valley Rd to Aviara Parkway and south of Palomar Airport Rd City of Carlsbad, County of San Diego 6. GENERAL PLAN DESIGNATION: Residential Medium Density (RM) and Planned Industrial -M-Q) and ZONING: Residential Multiple Density with a Qualified Development Overlay RD Planned Industrial. 7. 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (Le., permits, financing approval or participation agreements): California Coastal Commission PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUkDING LAND USES: 9, Reauest for a General Plan Amendment. Zone Change, and Local Coastal Proesam Amendment to change the Residential Medium Densitv [RM) and Planned Industrial (PI) General Plan land use designations to Open Suace and change the Residential Densitv-Multiple with a Qualified Development Overlay [RD-M-0) and Planned Industrial [PM) zoning desi.aati0n.s to Open Space on rouvhly 9.5 acres of uropertv within the Kelly Cornorate Center industrial subdivision. The amendments are to designate properties as open space that are constrained by topomaphy, biological resources. and previously encumbered bv open space . easements throuzh previous discretionaiy approvals [ SDP 97-25). The properties are remnant parcels from previous development approvals which are beinv General Plan and Zoned as Open Suace for mapping consistency. Surrounding uses are residential to the south and industrial professional office buildings to the north. Most of the open space is within the Encinas Creek drainage. ' . The uropertv covered by the proposed land use designation change is already subdivided and has no potential of fiuther subdivision, therefore no impacts to the yield of the properties will occur. Since all of the affected properties are already subdivided and no additional development is uroposed with this proiect, no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur. The changes to the zoning and land uses over the developed properties does not preclude the continued conformance with the Mello I1 segment policies. The proposal is consistent with all auulicable policies and regulations and staff has no issues with the proposed land use designation change. 1 Rev. 07/03/02 ~~ 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. 0 Aesthetics 0 Geology/Soils [3 Agricultural Resources HazarddHazardous Materials u Noise 0 Population and Housing 0 Air Quality HydrologylWater Quality 0 Biological Resources 0 Cultural Resources [7 Land Use and Planning [7 Mineral Resources Mandatory Findings of Significance 2 Public Services u Recreation TransportatiodCircuIation c] Utilities & Service Systems / Rev. 07/03/02 I5 DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a sigdcant effect in thls case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a sidicant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 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 Negative Declaration is required, but it must analyze only the effects that remain to be addressed. 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Kd I 3/04 Date 3 Rev. 07/03/02 ,I, ENVIRONMENTAL, IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct,an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. Ths checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with mfomtion to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced dormation sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential qact is not significantly adverse, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is sigdicantly adverse. Based on an “EIA-Part 11”, if a proposed project could have a potentially significant adverse effect on the environment, but &I potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances refluiring a supplement to or supplemental ELR are present and all the mitigation measures required by the prior environmental document have been incorporated into tlvs project, then no additional environmental document is required. When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. . 4 Rev. 07/03/02 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not lunited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than sigmficant; (2) a “Statement of Overriding. Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part I1 analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially sipficant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, whch would otherwise be determined significant. Issues (and Supporting Information Sources). Potentially Significant Impact I. AESTHETICS - Would the project: a) 0 Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? 0 Potentially Less Than No Significant Significant Impact Mitigation Incorporated Unless Impact 0 ow 0 ow 0 0’ ow c) Substantially degrade the existing visual character or quality of the site and its surroundings? 0 ow d) Create a new source of substantial light and glare, whch would adversely affect day or nighttime views in the area? 11. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are sigmfkant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California in assessing impacts on agriculture and farmland.) Would .the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Department of Conservation as an optional model to use I. 0 0 ciw b) Conflict with existing zoning for agricultural use, or a 0 ow Williamson Act contract? 5 Rev. 07103102 If Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Less Than Significant Significant Unless Impact Mitigation No rmpact Incorporated CI 0 IXI c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? III. AIR QUALITY - (Where available, the sigmficance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: 0 0 0 FXI a) Conflict with or obstruct implementation of the applicable air quality plan? 0 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? [XI 17 0 cl [XI- c) Result in a cumulatively considerable net increase of any criteria pollutant for whch the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? 0 17 0 0 0) 0 [XI e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? 0 0 0 IXI b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? 0 c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (includmg but not limited to marsh, vernal pool, coastal, etc.) through direct renioval, filing, hydrological interruption, or other means? 6 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mi tigation Incorporated 0 0 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or .with established native resident or migratory wildlife comdors, or impede the use of native wildlife nursery sites? om e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 UIXI Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? cl 0 u[xI g) Impact tributary areas that are environmentally sensitive? IV. CULTURAL RESOURCES -Would the project: 0 0 nIxI 0 OBI a) Cause a substantial adverse change in the significance of a historical resource as defmed in $15064.5? Cause a substantial adverse change in the significance of an archeological resource pursuant to $ 15064.5? b) cl 0 U[xI 0 nIXI c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? / d) IV. GEOLOGY AND SOILS - Would the project: a) Expose peopIe or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 0 0 I3 [XI-- .. i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? 0 U 0 iii. Seismic-related ground failure, includmg liquefaction? iv. Landslides? 7 0 cl om Rev. 07/03/02 Issues (and Supporting Information Sources). Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Be located on expansive soils, as defined in Table 18 - I-B of the Uniform Building Code (1997), creating substantial risks to life or property? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? JY. HAZARDS AND HAZARDOUS MATERIALS - Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and,. as a result, would it create a significant hazard to the public or environment? For a project wih an airport land use plan, or where such a plan has not been adopted, withm two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project wih the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area'? Potentially Significant Impact 0 0 CI 0 0 0 0 17 o Potentially Less Than Significant Significant Unless Impact Mitigation Incorporated 0 0 0 17 0 0 0 0 / 0 0 0 0 0 cl 0 0 8 Issues (and Supporting Information Sources). Impair implementation of or physically interfere with an adopted emergency response plan or emergency .evacuation plan? Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY - Would the project: Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Impacts to groundwater quality? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? Create or contribute runoff water, whch would exceed the capacity of existing or planned stoimwater drainage systems or provide substantial additional sources of polluted runoff! Otherwise substantially degrade water quality? Place housing withn a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Potentially Significant Impact 0 0 a 0 a 0 0 0 Potentially Less Than Significant Significant Unless Impact Mitigation [ncorporated 0 I7 0 0 0 0 0 0 0 0 0 No Impact IXI. [XI IXI Ki IXI lxl IXI IXI IXI Ix1 9 Rev. 07/03/02 339. Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Less Than No Significant Significant Impact Mitigation Incornorated Unless Impact 0 i) Place wihn 100-year flood hazard area structures, which would impede or redirect flood flows? Expose people or structures to a sipficant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) 0 om 0 k) Inundation by seiche, tsunami, or mudflow? 0 nw 0 1) Increased erosion (sediment) into receiving surface waters. 0 mj Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? 0 ow n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? 0 ow 0 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list'? ow / 0 0 p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Confhct with any applicable land use plan, policy, or regulation of an agency with jurislction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the puqose of avoiding or 0 0 ' mitigating an environmental effect? 0 0 w-- 17 ow 0 0 c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOLXCES - Would the project: nw 0 a) Result in the loss of availability of a known mineral resource that would be of filture value to the region and the residents of the State? 0 b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general pian, specific plan, or other land use plan? Rev. Q7/03/02 673 10 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Less Than Significant Significant Unless Impact Mitigation Incorporated No rmpact X. NOISE - Would the project result in. 0 0 0 a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? 0 b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? 0 0 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 0 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located wih an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 0 0 0 0 f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X. POPULATION AID HOUSING - Would the project: 0 0 a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other mfrastructure)? 0 0 b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 0 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 0 XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of whch could cause siwicant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: 11 Rev. 07l03102 Issues (and Supporting Information Sources). i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION Potentially Significant Impact 0 0 0 0 0 Potentially Significant Unless Mitigation Incornorated 0 0 0 0 0 0 a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? o 0 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) 0 0 Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in capacity ratio on roads, or congestion at intersections)? either the number of vehicle trips, the volume to 1 o 0 b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or hghwa ys? 0 0 0 0 c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in '' location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) 0 0 0 0 0 0 e) Result in inadequate emergency access'? f, Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? LessThan No Significant rmpact Impact nw ow nw ow ow nw c3El 12 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigatian Incorporated XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 0 0 ow Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? 0 0 Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of whch could cause sigruficant environmental effects? 0 0 ow Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? a n ow c 0 0 ow Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? 0 ow i 0 0 ow Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MAVDATORY FINDINGS OF SIGNIFICANCE CI ow Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildhfe species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 17 ow Does the project have qacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) 13 Rev. 07103/02 Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant lmpact impact Unless Impact Mitigation Incorporated 0 om c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 14 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION AESTHETICS: No Impact. The proposed legislative actions do not impact the existing or future development of the industrial. subdivision. No development is proposed with the actions and no adjustments to the existing development are proposed. Therefore no impacts to aesthetics will result. AGRICULTURAL RESOURCES: No Impact. No agricultural resources exist on the property and the proposed land use and zoning designation boundary changes will not increase or reduce the amount of agncultural land. Therefore, no impacts to agricultural resources will occur. The project site is currently under development for industrial (professional office space). AIR QUALITY: No Impact. No additional development is proposed with the land use and zoning designation boundary changes. Therefore no increases in emissions, sources of dust, or objectionable odors will occur. BIOLOGICAL RESOURCE: No Impact. All natural open space areas preserved with the Kelly Corporate Center development will remain and no development or alteration of any areas with biological resources is proposed. Therefore, the proposed land use and zoning designation changes to Open Space will not have an adverse impact on biological resources. CULTURAL RESOURCES: No Impact. No additional grading is proposed with this land use and zoning designation change. The site is already being developed in accordance with the approved subdivision map and, therefore, no impacts to cultural resources would result. GEOLOGY AND SOILS: No impact. No grading is proposed with the land use and zoning designation change and no adjustment to the existing, approved grading plan would result from the proposed change. Therefore, no adverse impacts due to geology or soils will result. / HAZARDS AND HAZARDOUS MATERIALS No Impact. No construction or alteration to the currently approved development is proposed with the land use and zoning designation change and no additional hazards or hazardous materials will result due to the proposal. HYDROLOGY AND WATER QUALITY: No Impact. No construction or alteration to the currently approved development is proposed with the land use and zoning designation change. Therefore no impacts to hydrology or water quality will result. LAND USE AND PLANNING: No Impact. The proposed land use and zoning designation boundary adjustment will bring the zoning, General Plan, and Local Coastal Program designations into conformance and will eliminate the potential for individual lots to have more tlnn one designation. Since the subject property is already subdivided and has no potential for further subdivision, no impact to the industrial or residential yield of the propei-ty will result. Therefore, no adverse impacts to land use and planning will occur due to the proposal. MINERAL RESOURCES: 15 Rev. 07103102 No Impact. No grading is proposed with the land use and zoning designation change and no adjustment to the existing, approved grading plan would result fiom the proposed boundary adjustment. Therefore, no adverse impacts to mineral resources will result. NOISE: No Impact. No construction or adjustment to approved construction documents is proposed with the land use and zoning designation ‘change. No new sources of noise will occur with the land use adjustments. Therefore, no adverse impacts due to noise will result fiom the proposed actions. POPULATION AND HOUSING: No Impact. The subject property is already subdivided and has no potential for hrther subdivision, therefore no impact to the industrial or residential yield of the property will result from the land use and zoning designation change. Given the above, the proposal would not cause any adverse impacts to population and housing. PUBLIC SERVICES: No Impact. The proposal involves no construction and therefore no increase in public service demand would occur with the land use and zoning designation change. Given the above, no adverse impacts to public services would occur. RECREATION: No Impact. recreational demand will occur. Therefore, no adverse impacts to recreation will result from the proposal. No construction is proposed with the land use and zoning designation change and no increase in TRANSPORTATION/TRAFFIC : No Impact. No additional development is proposed with the land use and zoning designation change therefore no increases traffic generation will occur. No hrther subdivision of the subject property is allowed by virtue of the land use change. Given the above, no adverse impacts to transportation or traffic will OCCLU. UTILITY AND SERVICE SYSTEMS: / No Impact. The proposal involves no construction and therefore no increase in utility and service system demand would occur with the land use and zoning designation change. Therefore, no adverse impacts to said services would occur. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning . Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Imuact Report for the City of Carlsbad General Plan Update (MER 93-01). City of Carlsbad Planning Department. March 1994. 16 Rev. 07103102 a9 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. 5796 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD AND BETWEEN HIDDEN VALLEY ROAD AND AVIARA PARKWAY, SOUTH OF PALOMAR AIRPORT ROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER GPNZC CASE NO.: GPA 04-09 WHEREAS, the City of Carlsbad has filed a verified application with the City of Carlsbad regarding property described as Parcel A of Parcel Map 147 in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2993, filed in the Office of the County Recorder of San Diego, August 23,1974 as file number 74-230326 and 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, Ap?l9,2003 as file number 2003-0402795 (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 04-09” dated January 5,2005, attached hereto and on file in the Carlsbad Planning Department KELLY CORPORATE CENTER GPNZC - GPA 04-09 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of January 2005, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 30 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 of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY CORPORATE CENTER GPNZC - GPA 04-09, based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission finds that the project is in conformance with the elements of the City’s General Plan based on the facts set forth in the staff report dated January 5, 2005 including but not limited to the following: that the proposed Open Space land use is compatible with the surrounding land uses in that the adjacent land uses are designated Planned Industrial and Open Space; that the land use change is based on the environmental constraints of the property and is environmentally and topographically appropriate for the site in that the habitat buffer, upland slope, and riparian habitat areas are proposed to be designated as Open Space; that the proposed Open Space areas are consistent with the proposed hard line conservation areas contained within the draft Habitat Management Plan, Figure 28. Conditions: 1. 1 This approval is granted subject to the approval of the Negative Declaration, ZC 04-05, and LCPA 04-08 and is subject to all conditions contained in Planning Commission Resolutions No. 5795, 5797 and 5798 for those other approvals incorporated herein by reference. ... .. ... ... ... ... PC RES0 NO. 5796 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of January 2005; by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: v RE N. SEGAL , Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5796 -3- . .. Properly From: A. 21 2-040-66-00 PI/RM/OS 6. 212-040-67-00 PI C. 21 2-040-70-00 PI/UA GPA 04-09 - Kelly Corporate Center GPNZC January 5,2005 To: PVOS PI/OS PVOS EXISTING / PROPOSED 33 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. 5797 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM RESIDENTIAL DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT OVERLAY (RD-M-Q), RESIDENTIAL SINGLE-FAMILY WITH A QUALIFIED DEVELOPMENT OVERLAY (R- 1 -Q), AND PLANNED INDUSTRIAL (PM) TO OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD AND BETWEEN HIDDEN VALLEY ROAD AND AVIARA PARKWAY, SOUTH OF PALOMAR AIRPORT ROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER GPNZC CASE NO: ZC 04-05 WHEREAS, the City of Carlsbad has filed a verified application with the City of Carlsbad regarding property described as Parcel A of Parcel Map 147 in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2993, filed in the Office of the County Recorder of San Diego, August 23,1974 as file number 74-230326 and Parcey 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 application constitutes a request for a Zone Change as shown on Exhibit “ZC 04-05” dated January 5, 2005, attached hereto and on file in the Planning Department, KELLY CORPORATE CENTER GPNZC - ZC 04-05 as provided by Chapter 2 1.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of January, 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. 34 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 as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY CORPORATE CENTER GPNZC - ZC 04-05 based on the following findings and subject to the following conditions: Findings: 1. That the proposed Zone Change from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q), Residential Single-family with a Qualified Development Overlay (R-1-Q), and Planned Industrial (PM) zoning designations to Open Space is consistent with the goals and policies of the various elements of the General Plan, in that that the proposed Open Space land use is compatible with the surrounding land uses in that the adjacent land uses are designated Planned Industrial and Open Space; that the land use change is based on the environmental constraints of the property and is environmentally and topographically appropriate for the site in that the habitat buffer, upland slope, and riparian habitat areas are proposed to be designated as Open Space. 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad ,General Plan Land Use Element, in that the Open Space zoning designation will implement the Open Space land use designation. 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that the portions of the property that are biologically and topographically constrained, encumbered by open space easements, and shown as hard line conservation area within the draft habitat Management Plan will be designated as Open Space. Conditions: 1. This approval is granted subject to the approval of the Negative Declaration, GPA 04- 09, and LCPA 04-08 and is subject to all conditions contained in Planning Commission Resolutions No. 5795, 5796 and 5798 for those other approvals incorporated herein by reference. ... ... ... ... PC RES0 NO. 5797 -2- 35 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 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 feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 5th day of January 2005, by the following vote, to wit: / AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5797 -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 PLANNING COMMISSION RESOLUTION NO. 5798 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD AND BETWEEN HIDDEN VALLEY ROAD AND AVIARA PARKWAY, SOUTH OF PALOMAR AIRPORT ROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER GPNZC CASE NO: LCPA 04-08 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, the City of Carlsbad, has filed a verified application for an amendment to the Local Coastal Program designations regarding property described as Parcel A of Parcel Map 147 in the City of Carlsbad, County of San Diego, State of California, according to map tdereof no. 2993, filed in the Office of the County Recorder of San Diego, August 23,1974 as file number 74-230326 and 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 Local Coastal Program Amendment as shown on Exhibits “LCPA 04-08” dated January 5, 2005, attached hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 5th day of January 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and 31 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, 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 Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. 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) At the end of the State mandated six week review period, starting on May 20, 2004 and ending on July 1, 2004, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY CORPORATE CENTER GPNZC - LCPA 04-08 based on the following findings: Findings: 1. 2. ... ... ... ... ... / That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I1 segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed Open Space zoning is consistent witb the proposed Open Space General Plan Land Use designation and the project preserves natural and sensitive habitats. That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the City’s General Plan Land Use Map, Open Space and Conservation Map, Zoning Map (as amended), and Mello I1 Implementation (the zoning map) into conformance. PC RES0 NO. 5798 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 5th day of January 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: A /7 CA-KSBAD PLAW-~G COMMISSION ATTEST: n L% DON NEU Assistant Planning Director PC RES0 NO. 5798 -3- 39 LCPA 04-08 - Kelly Corporate Center GPNZC LAND USE Property From: A. 21 2-040-66-00 PVRM 6. 212-040-67-00 PI C. 21 2-040-70-00 PI/UA Januaw 5.2005 To: PI/OS P I/OS PVOS EXISTING PROPOSED LCPA 04-08 - Kelly Corporate Center GPNZC ZONING Property From: A. 21 2-040-66-00 P-M-Q/R-1 -Q/RD-M-Q B. 21 2-040-67-00 P-M-Q C. 21 2-040-70-00 P-M-Q/E-A Januarv 5,2005 To: P-M-Q/OS P-M-Q/OS P-M-Q/OS EXISTING PROPOSED EXHIBIT 5 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: January 5,2005 Application complete date: NIA Project Planner: Van Lynch Project Engineer: NIA SUBJECT: GPA 04-09/ZC 04-05/LCPA 04-08 - KELLY CORPORATE CENTER GPNZC - Request for approval of a Negative Declaration, General Plan Amendment and Local Coastal Program Amendment to change the Residential Medium Density (RM) and Planned Industrial (PI) General Plan designations to Open Space and a Zone Change from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q), Residential Single-family with a Qualified Development Overlay (R- 1 -Q) and Planned Industrial (PM) zoning designations to Open Space on roughly 9.5 acres of property within the Kelly Corporate Center industrial subdivision generally located on the southwest comer of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway, south of Palomar Airport Road, in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5795 RECOMMENDING ADOPTION of the Negative Declaration, and ADOPT Planning Commission Resolutions No. 5796, 5797, and 5798 RECOMMENDING APPROVAL of General Plan Amendment GPA 04-09, Zone Change ZC 04-05 and Local Coastal Program Amendment LCPA 04-08, based upon the findings contained therein. 11. INTRODUCTION The project involves a City-initiated action that would change the General Plan and Local . Coastal Program land use designations and Zoning for properties within the Kelly Corporate Center industrial subdivision to correct an existing General Plan/Zoning inconsistency. The existing General Plan land use and zoning designations are not consistent with each other; remnants of previous development projects; and are not coincident with the existing uses, zoning and existing open space easements. The changes are to redesignate and rezone to open space roughly 9.5 acres that is constrained by topography, biological resources, and that were previously encumbered by open space easements through the previous discretionary approvals of the Kelly Corporate Center project (SDP 97-25). Surrounding uses are residential to the south and industrial professional office buildings to the north. Most of the open space is within the Encinas Creek drainage. The property covered by the proposed land use designation change is already subdivided and has no potential of further subdivision; therefore, no impacts to the yield of the properties will occur. The proposed General Plan boundaries would follow the alignment of existing open space easements within the development. The proposal is consistent with all GPA 04-09/ZC 04-05LCPA 04-08 - KELLY CORPORATE CENTER GPNZC January 5,2005 applicable policies and regulations and staff has no issues with the proposed land use designation change. 111. PROJECT DESCRIPTION AND BACKGROUND The City of Carlsbad is proposing a General Plan Amendment (GPA), Zone Change (ZC), and Local Coastal Program Amendment (LCPA) to change the General Plan land use designations and zoning within the Kelly Corporate industrial subdivision. The proposal would change the RM and PI General Plan designations over roughly 9.5 acres to Open Space (OS). The Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q), Residential Single-family with a Qualified Development Overlay (R-1 -Q) and Planned Industrial (PM) zoning designations are also proposed to be changed to Open Space. The land use designations of the Local Coastal Program would be changed through an accompanying LCPA. The subject property is generally located on the southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway, south of Palomar mort Road. The property was approved for development through the Kelly Corporate Center project (SDP 97-25) and contains four industrial pads with two pads already developed with professional office buildings. No adjustments to the approved development are necessary to implement the proposed General Plan, Zoning, and Local Coastal Program Amendments. No further subdivision of land is possible within the area proposed for the changes and all exactions, including public facilities, have occurred and will not be impacted by the proposed actions. The proposed land use and zoning changes are part of a Citywide effort to bringpe General Plan and Zoning into conformity. Areas within the City where the General Plan and Zoning Maps are not in conformity have been identified and targeted for actions to bring the designations into consistency. Currently, the General Plan and zoning boundaries within the Kelly Corporate Center subdivision are not in conformity and they do not reflect that the property is constrained - by topography (Encinas creek), biological resources (sensitive habitats), and that were previously encumbered by open space easements through the previous discretionary approvals. The Kelly Corporate Center GPNZC is subject to the following regulations: A. General Plan; B. Local Coastal Program; C. Zoning Ordinance; and D. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance). Iv. ANALYSIS The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. 43 GPA 04-09/ZC 04-05LCPA 04-08 - KELLY CORPORATE CENTER GPNZC January 5,2005 Proposed Use and Improvements Retains open space as a result of a development proposal in the Planned Industrial zone. A. General Plan Compliance Yes The Kelly Corporate Center GPNZC is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the land use designation change request are the Land Use and Open Space and Conservation Elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 - GENERAL PLAN COMPLIANCE Element Land Use ~~ ~~~ ~~ ~ Use Classification, Goal, Objective or Program Develop and retain open space in all categories of land use. Land Use Protect and preserves natural resources, fkagile ecological areas, unique natural assets of the community Open Space and Conservation Preserve open spaces in as natural a state as possible. Preserves natural resource areas and significant biological habitats. Yes The proposed land use boundary change does not alter the approved development, thereby continuing to preserve the approved natural open space to the south of the development site. Yes As shown by the above table, the project would ensure conformance with the General Plan. B. Local Coastal Program The subject properties are located in the Mello II segment of the City’s Local Coastal Program (LCP). The LCP consists of two parts - the Land Use Plan and the implementing ordinances. For this portion of the Mello II segment, the implementing ordinances consist of the applicable portions of the Zoning Ordinance. This section addresses only compliance with the Land Use Plan since Zoning Ordinance compliance is discussed in Section C below. The policies of the Mello II Land Use Plan emphasize topics such as preservation of agricultural and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed changes to the RM and PI land use designations to Open Space (OS) are consistent with the policies contained in the Land Use Plan for the Mello 11 segment of the LCP. Since all of the affected properties are already subdivided and no additional development is proposed with this project, no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur. The change to the land uses over the developing properties does not preclude the continued conformance with the Mello 11 segment policies. The GPA 04-09/ZC 04-05LCPA 04-08 - KELLY CORPORATE CENTER GPNZC January 5,2005 land use changes represent the placement of Open Space in lieu of RM and PI land uses over existing open space easements. Given the above, the proposed Kelly Corporate Center GPNZC is consistent with the Mello 11 Land Use Plan of the LCP. C. Zoning Ordinance The proposed Kelly Corporate Center GPNZC must be consistent with the existing Zoning and the existing development. The proposed actions would maintain the PM zoning over the developed portions of the property and place OS over the remainder of the property and make coincident the boundaries of the proposed OS land use designation. The OS zone implements the OS land use designation. As stated above, the area proposed for the land use changes covers the southern portion of the existing Kelly Corporate Center industrial subdivision. There are no lots within the area that could be further subdivided or developed; therefore, the proposed zone change does not affect any hture development in the area. Given the above, the proposed Kelly Corporate Center GPNZC is consistent with the Zoning Ordinance and the existing development. D. Growth Management Ordinance Any request to change the land use of a property must be consistent with the City’s Growth Management Plan. Since the area proposed for the land use change is under development, all public facilities necessary to serve the Kelly Corporate Center development are already in place or are being constructed concurrent with development. Therefore, the propose4 land use change would not have any impacts on public facilities or services. The proposed land use change would not result in any additional development. Given the above, the proposed land use and zone change is consistent with the Growth Management Ordinance. V. ENVIRONMENTAL REVIEW The potential environmental impacts due to the proposed land use and zone change were reviewed for potentially significant adverse impacts to the environment pursuant to the California Environmental Quality Act (CEQA). No construction or revisions to the approved development plan are proposed; therefore, no impacts to physical features would occur. The proposed change in land use and zoning will bring the General Plan, Zoning and Local Coastal Program into conformance with each other and do not impact the existing approved development. No land within the area of the changes could be Mer subdivided or developed. Given the above, the proposed land use and zoning designation changes would not produce any significant adverse impacts to the environment. The Planning Director issued a Negative Declaration on October 19, 2004, for a 30-day public review and no comments were received. ATTACHMENTS: 1. 2. 3. Planning Commission Resolution No. 5795 (Neg. Dec.) Planning Commission Resolution No. 5796 (GPA) Planning Commission Resolution No. 5797 (ZC) GPA 04-09/ZC 04-05LCPA 04-08 - KELLY CORPORATE CENTER GPNZC January 5,2005 Page 5 3. 4. Location Map 5. Background Data Sheet Planning Commission Resolution No. 5798 (LCPA) I KELLY CORPORATE CENTER GPNZC GPA 04-091ZC 04-05lLCPA 04-08 47 BACKGROUND DATA SHEET CASE NO: GPA 04-09/ZC 04-O5/LCPA 04-08 CASE NAME: KELLY CORPORATE CENTER GPA/ZC APPLICANT: City of Carlsbad REQUEST AND LOCATION: Reauest for approval of a Negative Declaration, General Plan Amendment and Local Coastal Program Amendment to chanpe the Residential Medium Density JRM) and Planned Industrial (PI) General Plan designations to Open Space and a Zone Change fi-om Residential Density-Multiple with a Oualified Development Overlay (RD-M-O), Residential Single-family with a Qualified Development Overlay (R- 1-0) and Planned Industrial (PM) zoning designations to Open Space on roughly 9.5 acres of property within the Kelly Corporate Center industrial subdivision generally located on the southwest comer of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway, south of Palomar Airport Road. in Local Facilities Management Zone 5. LEGAL DESCRIPTION: Parcel A of Parcel &Map 147 in the City of Carlsbad. County of San Diego, State of California. according to map thereof no. 2993, filed in the Office of the County Recorder of San Diego, August 23, 1974 as file number 74-230326 and Parcels 3, and 4 of MS 01-08, in the Citv 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. APN: 212-040-66.67, and 70 Acres: 25.28 Proposed No. of LotsNnits: N/A GENERAL PLAN AND ZONING / Land Use Designation: PYRM Density Allowed: N/A Density Proposed: N/A Existing Zone: PM/RDM-O/R-1-7,5OO-Q Proposed Zone: PM/OS Surrounding Zoning, General Plan and Land Use: zoning General Plan Site PM/RDM-Q/R- 1-7300-4 PYRM North PM PI South R-l/EA RLM/RM/UA East PM PI West LC PVOS Current Land Use Office BuildingsNacant -- Vacant ~~ Open SpacePacking House Vacant Open Space PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued October 19,2004 u 0 other, Certified Environmental Impact Report, dated Planning Commission Minutes January 5,2005 Page 1 EXHIBIT 6 Minutes of: PLANNING COMMISSION Time of Meeting: 6:OO P.M. Date of Meeting: January 5,2005 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Planning Commission Chairperson Segall called the Regular Meeting to order at 6:OO p.m. PLEDGE OF ALLEGIANCE Commissioner Montgomery led the pledge of allegiance. ROLL CALL Present: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton Staff Present: Don Neu, Assistant Planning Director Jane Mobaldi, Assistant City Attorney Michele Masterson, Management Analyst Barbara Kennedy, Associate Planner Saima Qureshy, Associate Planner Van Lynch, Senior Planner Mike Grim, Senior Planner David Rick, Assistant Engineer John Maashoff, Associate Engineer Bob Wojcik, Deputy City Engineer - Development Services APPROVAL OF MINUTES MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, to approve the minutes of the Regular Meeting of December 15,2004 as amended. Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton VOTE: 7-0 AYES: NOES: None Chairperson Segall directed everyone’s attention to the slide on the screen to review the procedures the Commission would be following for that evening’s public hearing. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA None. PUBLIC HEARINGS Chairperson Segall opened the public hearing and asked Assistant Planning Director, Don Neu, to introduce the first item. 1. GPA 04-09EC 04-05/LCPA 04-08 - KELLY CORPORATE CENTER GPNZC - Request for approval of a Negative Declaration, General Plan Amendment and Local Coastal Program Amendment to change the Residential Medium Density (RM) and Planned Industrial (PI) General Plan designations to Open Space and a Zone Change from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q), Residential Single-family with a Qualified Development Overlay (R-I -Q) and Planned Industrial (PM) zoning designations to Open Space on roughly 9.5 acres of property Planning Commission Minutes -rage * January 5,2005 within the Kelly Corporate Center industrial subdivision generally located on the southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway, south of Palomar Airport Road, in Local Facilities Management Zone 5. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at 6:OO p.m. on Tuesday, February 15, 2005, to consider a request for approval of a Negative Declaration, General Plan Amendment and Local Coastal Program Amendment to change the Residential Medium Density (RM) and Planned Industrial (PI) General Plan designations to Open Space and a Zone Change from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q), Residential Single-family with a Qualified Development Overlay (R-I -Q) and Planned Industrial (PM) zoning designations to Open Space on roughly 9.5 acres of property within the Kelly Corporate Center industrial subdivision generally located on the southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway, south of Palomar Airport Road, in Local Facilities Management Zone 5 and more particularly described as: Parcel A of Parcel Map 147 in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2993, filed in the Office of the County Recorder of San Diego, August 23, 1974 as file number 74-230326 and 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. NOTE: BECAUSE OF CONSTRUCTION RENOVATION OF THE COUNCIL CHAMBERS AT 1200 CARLSBAD VILLAGE DRIVE, THE ANTICIPATED LOCATION OF THE COUNCIL MEETING WILL BE AT THE SCHULMAN AUDITORIUM, DOVE LIBRARY, 1775 DOVE LANE, CARLSBAD, CALIFORNIA. IF THE CONSTRUCTION IS COMPLETE, THE REGULAR MEETING WILL BE AT THE COUNCIL CHAMBERS AT 1200 CARLSBAD VILLAGE DRIVE. PLEASE CHECK THE AGENDA ON-LINE OR CALL THE ClTY CLERK’S OFFICE TO CONFIRM THE LOCATION OF THE ClTY COUNCIL MEETING: (760) 434-2808. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on Friday, February 11, 2005. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-461 3. If you challenge the Negative Declaration, General Plan Amendment, Zone Change and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 04-09/ZC 04-05/LCPA 04-08 CASE NAME: PUBLISH: February 4,2005 KELLY CORPORATE CENTER GPAlZC CITY OF CARLSBAD CITY COUNCIL SITE I \ I KELLY CORPORATE CENTER GPNZC GPA 04-09/ZC 04-05/LCPA 04-08 53 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: February 04*h, 2005 I certifl (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 04* Day of February, 2005 Jane Olson NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk’s Filing Stamp Proof of Publication of I TE BECAUSE F CONSTRUCTION RE~~~~~~VS AT ANTICIPATED LOCATION OF THE COUkClL MEET- HG WILL BEAT THE SCHULMAN AUDITORIUM, DOVE LIBRARY, 1775 DOVE LANE, CARLSBAD, CALIFORNIA. I I IF THE CONSTRUCTION IS COMPLETE THE REGULAR MEETING WlLL BE AT THE CdUNClL CHAMBERS AT 1200 CARLSBAD VILLAGE DRIVE. PLEASE CHECK THE AGENDA ON-LINE OR CALL THE CITY CLERKS OFF%€ TO CONFIRM THE I LOCATlON OF THE C;$&$NClL MEETING: (760) Those persons wishin to speak on this pro owl cordially the a da invited bill will to attetd be availabk the ublic on Frid;y6a;~;~l~~ headnp. gopies Of I 20Onf you have any questions Lvnch in the Planning Department at( 60) 602-4613. 1 II NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at 6:OO p.m. on Tuesday, February 15, 2005, to consider a request for approval of a Negative Declaration, General Plan Amendment and Local Coastal Program Amendment to change the Residential Medium Density (RM) and Planned Industrial (PI) General Plan designations to Open Space and a Zone Change from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q), Residential Single-family with a Qualified Development Overlay (R-I -Q) and Planned Industrial (PM) zoning designations to Open Space on roughly 9.5 acres of property within the Kelly Corporate Center industrial subdivision generally located on the southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway, south of Palomar Airport Road, in Local Facilities Management Zone 5 and more particularly described as: Parcel A of Parcel Map 147 in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2993, filed in the Office of the County Recorder of San Diego, August 23, 1974 as file number 74-230326 and 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. NOTE: BECAUSE OF CONSTRUCTION RENOVATION OF THE COUNCIL CHAMBERS AT 1200 CARLSBAD VILLAGE DRIVE, THE ANTICIPATED LOCATION OF THE COUNCIL MEETING WILL BE AT THE SCHULMAN AUDITORIUM, DOVE LIBRARY, 1775 DOVE LANE, CARLSBAD, CALIFORNIA. IF THE CONSTRUCTION IS COMPLETEJ THE REGULAR MEETING WILL BE AT THE COUNCIL CHAMBERS AT 1200 CARLSBAD VILLAGE DRIVE. PLEASE CHECK THE AGENDA ON-LINE OR CALL THE CITY CLERK’S OFFICE TO CONFIRM THE LOCATION OF THE CITY COUNCIL MEETING: (760) 434-2808. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on Friday, February 11, 2005. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-461 3. If you challenge the Negative Declaration, General Plan Amendment, Zone Change and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 04-09/ZC 04-05/LCPA 04-08 CASE NAME: KELLY CORPORATE CENTER GPA/ZC PUBLISH: February 4,2005 CITY OF CARLSBAD CITY COUNCIL SITE KELLY CORPORATE CENTER GPNZC GPA 04-09/ZC 04-05/LCPA 04-08 Jam Free Printing . Use Avety@ TEMPLATE 5160@ - www.avery.com 1 -80040-AVERY - @ AVERY@ si6oQ CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 SANMARCOS CA 92069 ENClNlTAS CA 92024 SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD SAN DIEGUITO SCHOOL DlST 701 ENClNlTAS BLVD TIM JOCHEN 1966 OLIVENHAIN RD ENClNlTAS CA 92024 1960 LA COSTA AVE ENClNlTAS CA 92024 CARLSBAD CA 92009 LEUCADIA WASTE WATER DlST OLIVE N HA1 N WATER D I ST CITY OF ENClNlTAS CITY OF SAN MARCOS CITY OF OCEANSIDE 505 S VULCAN AVE 1 CIVIC CENTER DR ENClNlTAS CA 92024 SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 300 NORTH COAST HWY CITY OF VISTA PO BOX 1988 VISTA CA 92085 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SANDIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD RECREATION AD M I N VALLECITOS WATER DlST 201 VALLECITOS DE OR0 SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SANDIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER AWAV-03-008- 1 - ... l.h.&.*... ..... .. I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE B 5201 RUFFIN RD SANDIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 AlTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 .- CITY OF CARLSBAD PROJECT PLANNER VAN LYNCH Smooth Feed Sheets TM ANTHONY & DICKY BONS 25709 HILLCREST AV ESCONDIDO CA 92026-8650 ~AVERY~ Shipping Labels CARLSBAD CHAMBER OF COMMERCE TED OWEN 5934 PRIESTLY DR CARLSBAD CA 92008 CALTRANS DISTRICT 11 BILL FlGGE MAIL ST 50 P 0 BOX 85406 SAN DIEGO CA 92186-5406 Laser 5163@ Smooth Feed SheetsTM REG WATER QUALITY CONTROL BD STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 FEDERAL AVIATION ADMIN WESTERN REG PO BOX 92007 LOSANGELES CA 90009 BARRY BRAYER, AWP-8 U S FISH &WILDLIFE SERVICE LEE ANN CARRANZA 6010 HIDDEN VALLEY ROAD CARLSBAD CA 92009- BUREAU OF INDIAN AFFAIRS RONALD M JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANSPORTATION & HSG AGENCY PATRICIA W NEAL DEPUTY SEC HOUSING SUPERINTENDENT STE 2450 1901 SPINNAKER DR 980 NINTH ST SAN BUENA VENTURA CA 93001 SACRAMENTO CA 95814 CHANNEL ISLANDS NATIONAL PARK DEPARTMENT OF DEFENSE LOS ANGELES DlST ENGINEER PO BOX 2711 LOSANGELES CA 90053 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIR STE 350 901 MARKET ST SAN FRANCISCO CA 94103 mAVERY@ Shipping Labels DEPARTMENT OF ENERGY STE 400 611 RYAN PLAZA DR ARLINGTON TX 7601 1-4005 DEPARTMENT OF FISH & GAME ENVIRONMENTAL SERVICES DIV P 0 BOX 944246 SACRAMENTO CA 94244-2460 Laser 5 163@ DEPARTMENT OF FOOD &AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES RM 100 SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIR COORD P 0 BOX 944246 1220 N ST SACRAMENTO CA 94244-2460 DEPARTMENT OF HOUSING & URBAN DEVE DUNCAN LENT HOWARD, REG ADMIN 450 GOLDEN GATE AV SAN FRANCISCO CA 94102 DEPARTMENT OF TRANSPORTATION RM 5504 1120 N ST SACRAMENTO CA 95814 OFFICE OF PLANNING & RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS PO BOX 3044 SACRAMENTO CA 95812-3044 STATE LANDS COMMISSION DWIGHT SANDERS STE 1005 100 HOWE AV SACRAMENTO CA 95825-8202 ~AVERYB Shipping Labels DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL RM 700 11 0 WEST A ST SAN DIEGO CA 92101 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES, SPR STE J 4665 LAMPSON AVE LOS ALAMITOS CA 90720-5139 SAN FRANCISCO BAY CONSERVATION & DEVMT COMMISSION BILL TRAVIS STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 94111-4704 .- U S BUREAU OF LAND MGMT STE RM W 1834 2800 COTTAGE WAY SACRAMENTO CA 95825 Laser 5163@ Smooth Feed SheetsTM Use ternpiate for 5169 U S BUREAU OF RECLAMATION 2800 COTTAGE WAY SACRAMENTO CA 95825 MI D-PAC I FI C REG ION U S ARMY CORPS OF ENGINEERS LILY ALYEA STE 702 333 MARKET ST SAN FRANCISCO CA 94105-2197 WATER RESOURCES CONTROL BD PO BOX 100 SACRAMENTO CA 95801 TABATA FARMS PO BOX 1338 CARLSBAD CA 9201 8-1 338 LESLIE ESPOSITO 1893 AMELFI DR ENClNlTAS CA 92024 ~AVERYB Shipping Labels U S FISH &WILDLIFE SERVICE 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825-1 888 USDA - RURAL DEVELOPMENT DEPT 41 69 430 "G" ST DAVIS CA 95616 CITY OF ENClNlTAS COMDEV DEPT 505 S VULCAN AV ENClNlTAS CA 92024 SANDAG-EXEC DIRECTOR GARY GALLEGOS STE 800 1 ST INT'L PLAZA 401 "B" ST SAN DIEGO CA 92101 CY RI UMARY GIBSON 12142 ARGYLE DR LOSALAMITOS CA 90702 Laser 5163@ LAKESHORE GARDENS TOM BENSON 7201 AVENIDA ENCINAS CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DR LOSANGELES CA 90069 STATE LANDS COMMISSION MARY GRIGGS STE 100 S 100 HOWE AV SACRAMENTO CA 95825-8202 PERRY A LAMB 890 MERE POINT RD BRUNSWICK ME 04011 COASTAL CONSERVANCY RICHARD RETECKI STE I100 1330 BROADWAY OAKLAND CA 94612 Shipping Labels LANlKAl LANE PARK 6550 PONTO DRIVE CARLSBAD CA 92008 SAN DIEGO GAS & ELECTRIC BEVERLY BLESSANT 8315 CENTURY PARK CT SAN DIEGO CA 92123- COUNTY OF SD SUPERVISOR BILL HORN ART DANELL RM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 S D CO PLANNING & LAND USE DEPT JAON VOKAC 5201 RUFFIN ROAD SAN DIEGO CA 92123 STE B-5 FLOYD ASHBY P 0 BOX 232580 ENClNlTAS CA 92023-2580 Laser 5163@ DALEIDONNA SCHREIBER 7163 ARGONAUTA WAY CARLSBAD CA 92009 CALIFORNIA RESOURCES AGENCIES STE 1311 1416 9TH ST SACRAMENTO CA 95814 MAVERW Shipping Labels GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 SANDAG-LAND USE COMMISS NAN VALERIO STE 800 401 “B” STREET SAN DIEGO CA 92101 BATlQUlTOS LAGOON FOUNDATION JOHN BURNS P 0 BOX 130491 CARLSBAD CA 92009- Laser 5 163@ Jam Free Printing Use Averym TEMPLATE 5160@ BCS PROGRAM L - 2 NEWPORT FINANCIAL CENTER 1303 AVOCADO AVE NEWPORT BEACH CA 92660 ZENOR DAVID %LAURA W 6381 EBB TIDE WAY CARLSBAD CA 92009 SURREY DAVID A&LONNEGREN CAM1 6397 TOPMAST DR CARLSBAD CA 92009 SHEA PATRICK M&JEANNE B 6402 TOPMAST DR CARLSBAD CA 92009 GAMBILL HAROLD&JOAN 6431 MERLIN DR CARLSBAD CA 92009 DALY FAMILY TRUST 02-02-02 6439 MERLIN DR CARLSBAD CA 92009 - www.avery.com 1-800-GO-AVERY - KELLY RANCH CORPORATE CENTER II LLC C/O THE ALLEN GROUP 6005 HIDDEN VALLEY RD #I50 CARLSBAD CA 92009 ROSA FAMILY TRUST 11 -03-95 6378 TOPMAST DR CARLSBAD CA 92009 COLLINS CHARLES G 6377 EBB TIDE WAY CARLSBAD CA 92009 SEABRIGHT CARLSBAD HOMEOWNERS ASSN C/O UDC HOMES 438 CAMINO DEL RIO S #I 12B SAN DIEGO CA 92108 OGG STEVEN S&TAMARA M 979 TURNSTONE RD CARLSBAD CA 92009 CHINN JOAN H 6397 EBB TIDE WAY CARLSBAD CA 92009 LAZO RUBEN P&LESLIE A 983 TURNSTONE RD CARLSBAD -CA 92009 KATYAL ASHOK K&ANJANA TRIGONIS FAMILY TRUST 08-05-03 6406 TOPMAST DR CARLSBAD CA 92009 6420 MERLIN DR CARLSBAD CA 92009 BLOOMQU IST THOMAS H&S HAUNA REVOCABLE LIVING 6435 MERLIN DR CARLSBAD CA 92009 RESH ZEMENICK TRUST 08-03-00 6413 TOPMAST DR TRUS CARLSBAD CA 92009 WOODS JONATHAN C&JANET S 6374 TOPMAST DR CARLSBAD CA 92009 KELLY/JRM-PALOMAR AIRPORT ROAD I L L C 1040 S ANDREASEN DR #200 ESCONDIDO CA 92029 KELLY CORPORATE CENTER II A L NORDAHL CENTER PARTNERS LC WESTMARK DEVELOPMENT CORP 12780 HIGH BLUFF DR #I60 C/O THE ALLEN GROUP SAN DIEGO CA 921 30 6005 HIDDEN VALLEY RD #I50 CARLSBAD CA 92009 1902 WRIGHT PL #200 CARLSBAD CA 92008 www.avery.com AWRY@ 511 1-80040-AERY Jam Free Printing 0 Use Avee TEMPLATE 5160@ - 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