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HomeMy WebLinkAbout2007-03-13; City Council; 18932; The Towers at Bressi RanchCITY OF CARLSBAD - AGENDA BILL AB# 18,932 MTG. 03-13-07 DEPT. PLN THE TOWERS AT BRESSI RANCH CT 06-20/PUD 06-02 DEPT. HEAD \M *& CITYATTY. _£3^ CITYMGR. ~<§V^ RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2007-056 . APPROVING Tentative Subdivision Map (CT 06-20) and Non-Residential Planned Development Permit (PUD 06-02) for the Towers at Bressi Ranch as recommended for adoption and approval by the Planning Commission. ITEM EXPLANATION: Project application(s) CT 06-20 PUD 06-02 PIP 05-24 Administrative Approvals X Reviewed by and Final at Planning Commission To be Reviewed - Final at Council X X On February 7, 2007, the Planning Commission conducted a public hearing for the project. Since the Tentative Subdivision Map and Non-Residential Planned Development Permit are for more than 50 nonresidential airspace condominium units, the Planning Commission has made a recommendation to the City Council for its action. The project site is located on Lots 24 through 28 of Planning Area 4 of the Bressi Ranch Master Plan. The site has a General Plan Land Use designation of PI (Planned Industrial) and is Zoned P-M (Planned Industrial). The development proposal includes a Tentative Tract Map and Non-Residential Planned Development Permit to subdivide a 20.824-acre site with 18 previously approved industrial buildings into 93 nonresidential airspace condominium units and one common area lot. A Planned Industrial Permit (PIP 05-24) for 18 one- and two-story multi-unit industrial buildings totaling 280,531 square feet was approved by the Planning Director on May 31, 2006. Grading and Building Permits have been issued for the project and grading of the site has begun. The proposal to create nonresidential airspace condominium units that do not have direct access from a publicly dedicated street necessitates that a Non-Residential Planned Development Permit be processed subsequently with the proposed Tentative Map (CT 06-20). On February 7, 2007, the Planning Commission voted 7-0 to recommend approval of the project to the City Council. No public comment was made at that time. FISCAL IMPACT: All public infrastructure that is required for this project will be funded and/or constructed by the developer. FOR CITY CLERKS USE ONL Y. COUNCIL ACTION:APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2-CT 06-20/PUD 06-02 - The Towers at Bressi Ranch ENVIRONMENTAL IMPACT: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and Title 19 - Environment. Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the certified Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP 178 (EIR 98-04). dated July 9, 2002. EIR 98-04 evaluates the potential environmental effects of the development and operation of the "Bressi Ranch Master Plan" and associated actions inclusive of the subject planning area reviewed here. The City Council certified EIR 98-04 on July 9, 2002. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to Planning Area 4 have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-04 "Findings of Fact and Statement of Overriding Considerations" applies to all the subsequent projects covered by the Bressi Ranch Master Plan Final Program EIR. The proposed project would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-04 and no further CEQA compliance is required. EIR 98-04 is available for review at the Planning Department. EXHIBITS: 1. City Council Resolution No. 2007-056 2. Location Map 3. Planning Commission Resolutions No. 6239 and 6240 4. Planning Commission Staff Report, dated February 7, 2007 5. Draft Excerpts of Planning Commission Minutes, dated February 7, 2007. DEPARTMENT CONTACT: Jason Goff, (760) 602-4643, jgoff©ci.carlsbad.ca.us 1 RESOLUTION NO. 2007-056 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE 3 TRACT MAP (CT 06-20) AND NONRESIDENTIAL 4 PLANNED DEVELOPMENT PERMIT (PUD 06-02) TO SUBDIVIDE A 20.824-ACRE SITE WITH 18 PREVIOUSLY 5 APPROVED INDUSTRIAL BUILDINGS INTO 93 AIRSPACE NONRESIDENTIAL CONDOMINIUM UNITS AND ONE 6 COMMON AREA LOT GENERALLY LOCATED ALONG THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, EAST 7 OF INNOVATION WAY, AND NORTH OF GATEWAY ROAD IN THE P-M (PLANNED INDUSTRIAL) ZONE, 8 BRESSI RANCH MASTER PLAN, PLANNING AREA 4, AND LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: THE TOWERS AT BRESSI RANCH 10 CASE NO.: CT 06-20/PUD 06-02 11 WHEREAS, pursuant to the provisions of the Municipal Code, the 12 Planning Commission did, on February 7, 2007, hold a duly noticed public hearing as 13 prescribed by law to consider a Tentative Tract Map (CT 06-20) and Non-Residential 14 Planned Development Permit (PUD 06-02); and WHEREAS, the City Council of the City of Carlsbad, on the 13th day 16 of March , 2007, held a duly noticed public hearing to consider said Tentative 17 Tract Map and Non-Residential Planned Development Permit and at that time received 18 recommendations, objections, protests, comments of all persons interested in or 20 opposed to CT 06-20 and PUD 06-02; and 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of 22 the City of Carlsbad as follows: 23 1. That all recitations are true and correct. 24 2. That the recommendation of the Planning Commission for the 25 approval of the Tentative Tract Map (CT 06-20) and Non-Residential Planned Development Permit (PUD 06-02) is approved by the City Council and that the findings 26 and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6239 and 6240, on file with the City Clerk and made a part hereof by 27 reference, are the findings and conditions of the City Council. 28 3 1 3. The action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, 'Time Limits 2 for Judicial Review" shall apply: 3 "NOTICE TO APPLICANT" 4 The time within which judicial review of this decision must be 5 sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by 6 Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than 7 the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision 8 becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended 10 to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his 11 attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the 12 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."13 14 '" 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 22 23 24 '" 25 26 /// 27 /// 28 -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 City Council of the City of Carlsbad on the 13th day of March, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: Council Member Sigafoose ayor ATTEST: EXHIBIT 2 Si PALOMAR AIRPQ^ I I I I \INGCETONAV NOT TO SCALE SITEMAP The Towers at Bressi Ranch CT 06-20/PUD 06-02 EXHIBITS PLANNING COMMISSION RESOLUTION NO. 6239 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 06-02 TO 3 SUBDIVIDE A 20.824-ACRE SITE WITH 18 PREVIOUSLY APPROVED INDUSTRIAL BUILDINGS INTO 93 AIRSPACE 4 NONRESIDENTIAL CONDOMINIUM UNITS AND ONE * COMMON AREA LOT GENERALLY LOCATED ALONG THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, EAST OF 6 INNOVATION WAY, AND NORTH OF GATEWAY ROAD IN THE P-M (PLANNED INDUSTRIAL) ZONE, BRESSI RANCH 7 MASTER PLAN, PLANNING AREA 4, AND LOCAL FACILITIES MANAGEMENT ZONE 17. 8 CASE NAME: THE TOWERS AT BRESSI RANCH 9 CASE NO.: CT 06-20 10 WHEREAS, Ryan Companies US, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Palomar Airport Road, 12 LLC, a Minnesota limited liability company, "Owner," described as 13 Lots 24 though 28, inclusive, of Carlsbad Tract CT 02-15, in 14 the City of Carlsbad, County of San Diego, State of California, _ according to Map thereof No. 14960, filed in the Office of the County Recorder of San Diego County on February 4,2005 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Tentative Tract18 Map as shown on Exhibits "A" - "E" dated February 7, 2007, on file in the Planning 20 Department THE TOWERS AT BRESSI RANCH - CT 06-20, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 7th day of February, 2007, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony £*~J 26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Tentative Tract Map. 28 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. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of CT 06-20 - THE TOWERS AT BRESSI RANCH, based on the following findings and subject to the following conditions: 4 r Findings; g 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 7 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the ° proposed subdivision is designed to comply with the minimum requirements of the 9 General Plan, Title 20, Title 21 and Planning Area 4 of the Bressi Ranch Master Plan (MP 178). 10 2. That the proposed project is compatible with the surrounding future land uses since 11 surrounding properties are designated for Planned Industrial and Residential Medium Density development on the General Plan, in that surrounding properties to the north, east, and west are designated for and/or developed with Planned Industrial land ^3 uses and the surrounding residential properties to the south are sufficiently buffered by landscaping, Gateway Road and 6 foot tall masonry walls. 14 3. That the site is physically suitable for the type and density of the development since the 15 site is adequate in size and shape to accommodate industrial development at the density proposed, in that the project complies with all development standards and public facilities requirements without the need for variances from any of the development 17 standards. 18 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 19 public at large, for access through or use of property within the proposed subdivision, in that concurrent with the recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. 21 5. That the property is not subject to a contract entered into pursuant to the Land 22 Conservation Act of 1965 (Williamson Act). 23 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, hi that the structures are 24 oriented in such a manner which allows for adequate building separation for solar 25 exposure and circulation of air. 25 7. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 27 habitat, in that the proposed subdivision does not alter the physical development of the site. Additionally, the project area is not within a preserve area of the adopted Carlsbad Habitat Management Plan. The project area is a designated development PC RESO NO. 6239 -2- o area in the Bressi Ranch Master Plan (MP 178), which was evaluated in the Final 2 Program EIR 3 8. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has 4 been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 5 System (NPDES) requirements. 7 9. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, and Bressi Ranch Master Plan based on the facts set forth in the staff report dated February 7,2007 including, but not limited to the following: a. Land Use - The proposed office/industrial uses are consistent with the Planned Industrial (PI) General Plan Land Use and Planned Industrial (P-M) Zoning 11 designations for the site. 12 b. Circulation - All roadways and improvements necessary to serve the development exist, and no additional improvements are required. c. Noise - The project is located outside the 60 dBA CNEL noise contour of Palomar Airport, and the buildings have been sound attenuated to meet the 55 15 dBA CNEL interior noise level standards for nonresidential construction. 16 10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 19 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 20 11. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional 22 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 23 public facilities and will mitigate any cumulative impacts created by the project. 12. This project has been conditioned to comply with any requirement approved as part of the 25 Local Facilities Management Plan for Zone 17. 26 13. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that all public roads, water and sewer systems have been constructed or will be constructed concurrently with development of the site. PC RESO NO. 6239 -3- „ 14. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the 2 McClellan-Palomar Airport, dated April 1994, in that the project is located within the Airport Influence Area and Flight Activity Zone and office/industrial/warehouse 3 development is considered to be a low-intensity use which does not involve assemblages of large groups of people. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the r CLUP, the proposed land use is compatible with the airport, in that the project site is located outside the 60 CNEL noise level contour lines, and the outdoor community 6 noise equivalent level (CNEL) is sufficiently attenuated by conventional construction that the indoor noise level is acceptable, and both indoor and outdoor activities associated with the land use may be carried out with essentially no interference from aircraft noise. o 9 15. The Planning Director has determined that: 10 a. The project is a subsequent activity of the Bressi Ranch Master Plan (MP 178) for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and (e)]; and 13 b. This project is consistent with the Bressi Ranch Master Plan cited above; and 14 1 j- c. EIR 98-04 was certified in connection with the Bressi Ranch Master Plan; and 16 d. The project has no new significant environmental effect not analyzed as significant in the prior EIR 98-04; and 17 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 19 16. The Planning Commission has reviewed each of the exactions imposed on the Developer 20 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 21 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 24 the final map. 25 1. if any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 27 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 28 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said PC RESO NO. 6239 -4- 10 conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Tentative Tract Map. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development <- shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. o 4. If any condition for construction of any public improvements or facilities, or the payment 9 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 10 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or 15 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's jo approval is not validated. 20 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision- 21 making body. 22 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 23 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 24 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to 26 that Plan prior to the issuance of building permits. 27 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and PC RESO NO. 6239 -5- facilities will continue to be available until the time of occupancy. A note to this effect 2 shall be placed oh the Final Map. 3 10. Developer shall establish an owner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately address the <- maintenance of all common landscape areas, employee eating areas, and paved access and parking areas. Prior to recordation of the final map the Developer shall 6 provide the Planning Department with a draft copy of the CC&Rs. The approved CC&Rs shall be recorded concurrently with the final map. At a minimum, the CC&Rs shall contain the following provisions: 8 a. General Enforcement by the City. The City shall have the right, but not the 9 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 10 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be 12 transmitted to City within 30 days for the official record. 13 c. Failure of Association to Maintain Common Area Lots and Easements, hi the event that the Association fails to maintain the "Common Area Lots and/or the 14 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give 16 written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required 17 and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to 20 reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs 23 incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to 24 each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said 26 invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full 27 within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of ° the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the PC RESO NO. 6239 -6- generality of the foregoing, in addition to all other rights and remedies available to 2 the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such 3 special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special ,- assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and 6 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 7 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 9 10 f. The required CC&Rs shall assign to a governing board the responsibility for reviewing all proposed tenant improvements for the project to ensure that the number of required parking spaces to accommodate the combined proportions of uses, based on the parking ratios required by Chapter 21.44 of the Carlsbad Municipal Code, does not exceed 942 spaces. 13 Prior to submitting building plans for tenant improvements to the City of 14 Carlsbad Building Department, the governing board shall be required to approve the tenant improvement plans for purposes of assuring an adequate distribution of parking spaces. 16 h. The location and size of all employee eating areas, parking areas, and 17 landscaped areas within the project as shown on Exhibits "B" and "C" shall not be altered, reduced, fenced, or divided to preclude the equal use by all ° owners/employees of the site. 19 All roof appurtenances, including air conditioners, shall be architecturally 20 integrated and concealed from view and sound buffered from adjacent properties and streets consistent with Building Department Policy No. 80-6, and to the satisfaction of the Directors of Community Development and 22 Planning. 23 11. Prior to the recordation of the Final Map, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real 24 Estate which is in conformance with the City-approved documents and exhibits. 25 12. This approval is granted subject to the approval of PUD 06-02 and is subject to all 25 conditions contained in Planning Commission Resolution No. 6240 for those other approvals incorporated herein by reference. 27 13. This project shall comply with all conditions required as part of the Planned 28 Industrial Permit (PD? 05-24) approval dated May 31,2006. PC RESO NO. 6239 -7- 13 14. Developer shall submit to the City a Notice of Restriction to be filed in the office of the 2 County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a 3 Tentative Tract Map and Non-residential Planned Development permit by Resolutions No. 6239 and 6240 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all ,- conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record 6 an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 15. A joint use parking agreement shall be submitted for review and approval by the Planning Director, City Engineer, and City Attorney. The agreement shall provide 9 for the following: 10 A. The sharing in perpetuity of all parking and access aisles/driveways onsite, and between all the uses proposed for the Towers at Bressi Ranch project. ,2 B. The agreement shall not be modified without the prior written approval of the Planning Director, City Engineer, and City Attorney. 13 C. A copy of the joint use parking agreement shall be recorded in the Office of 14 the County Recorder and copies filed with the Planning Director concurrently with the recordation of the Final Map. J. <J 16 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 17 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 18 Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 20 17. All roof appurtenances, including air conditioners, shall be architecturally integrated and 21 concealed from view and sound buffered from adjacent properties and streets consistent with Building Department Policy No. 80-6, and to the satisfaction of the Directors of 22 Community Development and Planning. 23 18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 24 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 25 approved plan. ?}£ 19. All lighting shall be designed to reflect downward and avoid any impacts on adjacent 27 homes or property. 28 20. Developer shall construct, install, and stripe not less than 942 parking spaces, as shown on Exhibits "B" and "C". PC RESO NO. 6239 -8- , 21. Tenant Improvements for this project are only permitted if the parking provided 2 complies with City ordinance parking requirements (C.M.C. Chapter 21.44) for the proposed mix of uses (office/manufacturing/warehousing). This condition shall be 3 included in the Notice of Restriction per Condition No. 12 of this permit approval level.4 <- 22. The developer shall submit and obtain Planning Director approval of a sign program for the project showing conformance with the City of Carlsbad Sign 6 Ordinance. All signs shall be constructed and installed in accordance with the approved sign program. 7 Engineering:8 9 General 10 23. Project shall comply with all Engineering conditions of PIP 05-24, which are incorporated by reference.11 •, 2 24. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all 13 the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner 14 among the owners of the properties within the subdivision. 25. There shall be one Final Map recorded for this project. 16 26. Developer shall cause Owner to waive direct access rights on the Final Map for all lots 17 abutting Innovation Way and Gateway Road except for approved locations. I Q 27. Developer shall execute and record a City Standard Water Quality Facilities Maintenance Agreement prior to the approval of final map. 20 28. Developer shall cause property owner to apply for and obtain reapportionment of the assessments imposed on the subject project in accordance with law governing the associated Assessment District 2002-01 (Poinsettia Lane East), or the assessments must be paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the City Engineer with the 23 application for the final map. 24 Final Map 29. Developer shall show on Final Map the net developable acres for each parcel. 26 30. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: 27 A. All improvements are privately owned and are to be privately maintained with the exception of the following: PC RESO NO. 6239 -9- 1. Public water main, fire hydrants and appurtenances. 2 2. Public sewer mains and access holes. 3 Sewer and Water 4 - 31. The Developer shall design and construct public sewer facilities within public right-of- way or within minimum 20-feet wide easements granted to the City of Carlsbad. At the 6 discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 7 32. The Developer shall design and construct public sewer facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public 9 facilities shall be reflected on public improvement plans. 10 33. The requirement to provide a separate water service for each separate ownership unit within a building structure is waived in accordance with Development Services 11 Policy Directive No. 2. Developer shall record a deed restriction or other such j2 document as approved by the District Engineer and the City Attorney, notifying owners that multiple ownership units are served by a single water meter. 13 Code Reminders 14 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 16 34. The tentative map shall expire twenty-four (24) months from the date this tentative map 17 approval becomes final. 1R 35. Approval of this request shall not excuse compliance with all applicable sections of the i n Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 20 36. The project shall comply with the latest non-residential disabled access requirements 21 pursuant to Title 24 of the State Building Code. 22 37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 23 Code Section 18.04.320. 24 38. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 26 39. Developer shall pay park-in-lieu fees to the City, prior to the approval of the building 27 permit as required by Chapter 20.44 of the Carlsbad Municipal Code. 28 PC RESO NO. 6239 -10- 1 NOTICE 2 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 A "fees/exactions." 5 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 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 g annul their imposition. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this 11 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of February, 2007, by the following vote, to wit: 16 AYES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas Montgomery, Segall and Whitton 1R NOES: 19 ABSENT: 20 ABSTAIN:21 22 23 „ JULIE feAKER, Chairperson24 CARLSB»£LANNING COMMISSION 25 26 ATTEST: 27 28 DONNEU Assistant Planning Director PC RESO NO. 6239 -11- 1 PLANNING COMMISSION RESOLUTION NO. 6240 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NONRESIDENTIAL PLANNED 4 DEVELOPMENT PERMIT TO SUBDIVIDE A 20.824-ACRE <- SITE WITH 18 PREVIOUSLY APPROVED INDUSTRIAL BUILDINGS INTO 93 AIRSPACE NONRESIDENTIAL 6 CONDOMINIUM UNITS AND ONE COMMON AREA LOT GENERALLY LOCATED ALONG THE SOUTH SIDE OF 7 PALOMAR AIRPORT ROAD, EAST OF INNOVATION WAY, AND NORTH OF GATEWAY ROAD IN THE P-M (PLANNED 8 INDUSTRIAL) ZONE, BRESSI RANCH MASTER PLAN, 9 PLANNING AREA 4, AND LOCAL FACILITIES MANAGEMENT ZONE 17. 10 CASE NAME: THE TOWERS AT BRESSI RANCH CASE NO.: PUD 06-02 11 : 12 WHEREAS, Ryan Companies US, Inc., "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by Palomar Airport Road, 14 LLC, a Minnesota limited liability company, "Owner," described as 15 Lots 24 though 28, inclusive, of Carlsbad Tract CT 02-15, in 15 the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14960, filed in the Office of the 17 County Recorder of San Diego County on February 4,2005 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Non-Residential 20 Planned Development Permit as shown on Exhibits "A" - "E" dated February 7, 2007, on file 21 in the Planning Department, THE TOWERS AT BRESSI RANCH - PUD 06-02, as provided 23 by Chapter 21.47 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on the 7th day of February, 2007, 25 hold a duly noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 28 relating to the Non-Residential Planned Development Permit. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 " ,- B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PUD 06-02 - THE TOWERS AT BRESSI 6 RANCH, based on the following findings and subject to the following conditions: Findings: 1. The granting of this permit will not adversely affect and will be consistent with the code, Q the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies in that the proposed project is consistent with the 10 Planned Industrial (PI) General Plan Land Use designation and all development standards of the Planned Industrial (P-M) Zone and Title 20 and 21 regulations 11 governing subdivisions and the design of nonresidential planned developments. 12 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well-being of the neighborhood and the community in that the proposed nonresidential planned development will be 14 located on an existing P-M zoned lot. The project will be compatible with the surrounding industrial uses and the McClellan-Palomar Airport, and will provide opportunities for individual ownership of units and employment of local residents. 3. Such use will not be detrimental to the health, safety, or general welfare of persons 17 residing or working in the vicinity, or injurious to property or improvements in the vicinity in that the project meets all applicable city standards and ordinances, including the McClellan-Palomar Airport Comprehensive Land Use Plan, and all public facilities and services will be extended to the site. Adequate access to the site will be provided via Palomar Airport Road, Gateway Road, Innovation Way and 20 Colt Place. The subdivision includes all necessary features to be compatible with surrounding development. The nonresidential planned development will not pose a 21 safety hazard to the occupants of the industrial zone. 99^ 4. In granting a nonresidential planned development permit, the City Council, Planning Commission or Planning Director may modify the plan or impose such conditions as it deems necessary to protect the public health, safety, and general welfare. 24 5. The Planning Commission has reviewed each of the exactions imposed on the Developer 25 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 27 " 28 PC RESO NO. 6240 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 the Final Map. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be - implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 6 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 7 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval of this Non-Residential Planned Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non-Residential Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. 13 Any proposed development different from this approval, shall require an amendment to this approval. 14 ^ 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and ~~ representatives, from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees incurred by the City arising, 23 directly or indirectly, from (a) City's approval and issuance of this Non-Residential Planned Development Permit, (b) City's approval or issuance of any permit or action, 24 whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by 26 the facility of electromagnetic fields or other energy waves or emissions. 27 6. This approval is granted subject to the approval of CT 06-20 and is subject to all conditions contained in Planning Commission Resolution No. 6239 for those other approvals incorporated herein by reference. PC RESO NO. 6240 -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 7. This project shall comply with all conditions required as part of the Planned Industrial Permit (PIP 05-24) approval dated May 31,2006. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of February, 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas, Montgomery, Segall and Whitton , Chairperson PLANNING COMMISSION DON NEU Assistant Planning Director PC RESO NO. 6240 -4- The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: February 7, 2007 Application complete date: Project Planner: Project Engineer: November 6, 2006 Jason Goff Glen Van Peski SUBJECT: CT 06-20/PUD 06-02 - THE TOWERS AT BRESSI RANCH - Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and a recommendation of approval for a Tentative Tract Map and Nonresidential Planned Development Permit to subdivide a 20.824-acre site with 18 previously approved industrial buildings into 93 nonresidential airspace condominium units and one common area lot generally located along the south side of Palomar Airport Road, east of Innovation Way and north of Gateway Road in the P-M (Planned Industrial) Zone, Bressi Ranch Master Plan, Planning Area 4, and Local Facilities Management Zone 17. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6239 and 6240 RECOMMENDING APPROVAL of CT 06-20 and PUD 06-02 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The development proposal is a request for approval of a Tentative Tract Map and Nonresidential Planned Development Permit to subdivide a 20.824-acre site with 18 previously approved industrial buildings into 93 nonresidential airspace condominium units and one common area lot. At over 50 units the project requires City Council approval. The project site is located on Lots 24 through 28 of Planning Area 4 within the Bressi Ranch Master Plan, has a General Plan Land Use designation of PI (Planned Industrial) and is Zoned P-M (Planned Industrial). As conditioned, the project is consistent with the City of Carlsbad General Plan, the Bressi Ranch Master Plan, the relevant zoning regulations of the Carlsbad Municipal Code, the Airport Land Use Compatibility Plan (CLUP) for McClellan-Palomar Airport, and the Zone 17 Local Facilities Master Plan. III. PROJECT DESCRIPTION AND BACKGROUND The project involves subdividing 18 previously approved industrial buildings into 93 nonresidential airspace condominium units and one 20.824-acre common lot. The project site occupies Lots 24 through 28 of Carlsbad Tract 02-15 located within Planning Area 4 of the Bressi Ranch Master Plan. A Planned Industrial Permit (PIP 05-24) for 18 one- and two-story multi-unit industrial buildings totaling 280,531 square feet was approved by the Planning Director on May 31, 2006. Required parking spaces, employee eating areas, loading/delivery areas and refuse collection areas were reviewed as part of the Planned Industrial Permit approval. o 3 a CT 06-20/PUD 06-02 - THE TOWERS AT BRESSI RANCH February 7, 2007 Page 2 A lot consolidation of Lots 24 through 28 has occurred by means of a Lot Line Adjustment and was recorded on December 8, 2006 thus creating a single 20.824-acre lot. Grading permits were issued on October 25, 2005 and construction of the site has since commenced. Environmental compliance was established through a determination of prior compliance with the Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP 178 (EIR 98-04), which was approved by the Planning Commission (Resolution 5201) on June 5, 2002 and certified by the City Council (Resolution 2002-205) on July 9, 2002. The airspace subdivision will include 30 single-story units ranging in size from 1,565 square feet to 4,323 square feet, and 63 two-story (mezzanine) units ranging in size from 1,776 square feet to 3,998 square feet, for a total building area of 280,531 square feet. The subdivision of the buildings into airspace condominiums will allow for individual ownership of units, and provide opportunities for office, research and development, light manufacturing, warehousing and all other uses identified in Section 21.34 of the Carlsbad Municipal Code (P-M Zone). An owners association will be formed as a condition of approval for the purposes of maintaining all common areas. The project site is located within the boundaries of the McClellan-Palomar Airport Influence Area/Flight Activity Zone, and therefore is subject to the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP). IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Planned Industrial (PI) General Plan Land Use designation; B. Bressi Ranch Master Plan, Planning Area 4 (MP 178); C. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34); D. Subdivision Ordinance (C.M.C. Title 20); E. Non-Residential Planned Development (C.M.C. Chapter 21.47); F. Parking Ordinance (C.M.C. Chapter 21.44); G. McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP); and H. Growth Management Ordinance (C.M.C. Chapter 21.90) and Local Facilities Management Plan (Zone 17). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The project site is located within Planning Area 4 of the Bressi Ranch Master Plan and has a General Plan Land Use designation of Planned Industrial (PI), which allows for manufacturing, warehousing, storage, research and development, office, and utility uses. The Bressi Ranch Master Plan was found to comply with the applicable General Plan Goals, Objectives and Policies. The project is in conformance with the Master Plan and is therefore CT 06-20/PUD 06-02 - THE TOWERS AT BRESSI RANCH February 7, 2007 Page 3 also in compliance with the General Plan. General Plan as outlined in Table-A below: The project complies with the Elements of the TABLE A - GENERAL PLAN COMPLIANCE ELEMENT Land Use Noise Circulation Parks Public Safety USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Site is designated for industrial uses. Utilize noise standards contained in the Noise Guidelines Manual. Require new development to construct roadway improvements needed to serve proposed development. Payment of nonresidential park fee. Provision of emergency water systems and all- weather access roads. PROPOSED USES & IMPROVEMENTS Industrial/office/warehouse buildings. The project is located outside the 60 dBA CNEL noise contour of Palomar Airport, and the buildings have been sound attenuated to meet the 55 dBA CNEL interior noise level standards for nonresidential construction. All roadways and improvements necessary to serve the development exist, and no additional improvements are required. The project was previously conditioned to pay the non- residential park fee with the approval of PIP 05-24. All necessary water mains, fire hydrants and appurtenances must be installed prior to occupancy of any building and all-weather access roads must be maintained throughout construction. COMPLIANCE Yes Yes Yes Yes Yes B. Bressi Ranch Master Plan, Planning Area 4 (MP 178) Unless otherwise modified by the Bressi Ranch Master Plan, all development within Planning Area 4 shall comply with the development standards of the Planned Industrial (P-M) Zone (C.M.C. 21.34). The previously approved Planned Industrial Permit (PIP 05-24) implemented the general design guidelines of the Master Plan. The proposed subdivision does not alter the previously approved project in any way other than to subdivide buildings into nonresidential airspace condominium CT 06-20/PUD 06-02 - THE TOWERS AT BRESSI RANCH February 7, 2007 Page 4 units for purposes of individual ownership. The project, as conditioned, is consistent with all elements of the Bressi Ranch Master Plan (MP 178). C. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34) The proposed project does not alter the previously approved building designs or site plan created by the Planned Industrial Permit (PIP 05-24) other than to subdivide 18 buildings into 93 nonresidential airspace condominium units for purposes of individual ownership and one common lot. The condominiums will provide opportunities for office, research and development, light manufacturing, warehousing and all other uses identified in Section 21.34 of the Carlsbad Municipal Code (P-M Zone). The project is also consistent with the one-acre minimum lot size requirement of the P-M Zone by proposing a single lot of 20.824 acres in size. D. Subdivision Ordinance (C.M.C. Title 20) The Engineering Department has reviewed the proposed tentative map and has concluded that the subdivision, as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. Palomar Airport Road, Gateway Road, Innovation Way, and Colt Place are all publicly dedicated roadways and no additional improvements or dedications of streets are required. All infrastructure improvements including frontage and project-related roadways and the extension of existing drainage and sewer facilities are being installed concurrent with development. General utility and access easements and water/reclaimed water easements will be dedicated with recordation of the final map. E. Non-Residential Planned Development (C.M.C. Chapter 21.47) The intent and purpose of the Non-Residential Planned Development regulations are to: 1. Ensure that nonresidential projects develop in accordance with the General Plan and applicable specific plans; 2. Provide for nonresidential projects which are compatible with surrounding developments; 3. Provide a method to approve separate ownership of units within multiple-unit buildings; and 4. Provide for conversion of existing developments to condominiums. The proposal to create nonresidential airspace condominium units that do not have direct access from a publicly dedicated street necessitates that a Non-Residential Planned Development Permit be processed to supplement the proposed Tentative Map (CT 06-20). The 93 nonresidential airspace condominium units will share common driveway access, parking areas, landscaping, and outdoor eating areas which will be commonly maintained by an owners association. The project complies with the General Plan, Zoning and Planning Area 4 of the Bressi Ranch Master Plan as addressed above. The subdivision, by nature of the industrial/office/warehouse uses, will not be detrimental to the health, safety or welfare of the surrounding occupants of the area and the industrial/office/warehouse use is similar to adjacent uses. No modifications to the development standards are required to protect public health, safety, and general welfare. There are no size or configuration standards for nonresidential planned development units beyond those CT 06-20/PUD 06-02 - THE TOWERS AT BRESSI RANCH February 7, 2007 PageS imposed as a part of the permit, except that they shall be reasonable as to the intended use and relation to the project. The units range in size from 1,565 square feet to 4,323 square feet and are reasonably sized to accommodate the intended PM Zones uses. F. Parking Ordinance (C.M.C. Chapter 21.44) Parking for the approved Planned Industrial Permit (PIP 05-24) was based on a proportional mix of office, light manufacturing, and warehousing type uses. A general parking ratio of 3.4/1000 (or 1 space per 294 sq. ft. of gross floor area) was applied to the overall project resulting in 942 required parking spaces. Through the tenant improvement process, parking numbers and allocations are tracked to ensure that an adequate distribution of parking occurs throughout the project, and that the sum total of uses will not exceed the 942 parking spaces provided. The proposed project will result in 93 nonresidential airspace condominium units with opportunities for individual ownership. In order to ensure that the number of required parking spaces accommodate the combined proportions of uses, based on the parking ratios required by Chapter 21.44 of the Carlsbad Municipal Code, and do not exceed the 942 total spaces, Covenants, Conditions and Restrictions (CC&Rs) are required which assign to a governing board the responsibility for reviewing all proposed tenant improvements. The governing board is required, prior to an applicant submitting building plans for tenant improvements to the City of Carlsbad Building Department, to approve the tenant improvement plans for purposes of assuring that an adequate distribution of parking spaces exists throughout the project. The project, as conditioned, is consistent with the parking standards outlined in Chapter 21.44 of the Carlsbad Municipal Code. G. McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP) The project is located within the boundaries of the McClellan-Palomar Airport Influence Area and Flight Activity Zone and thus is subject to the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP). Because the project site is located outside the 60 CNEL noise level contour lines, and office/industrial/warehouse development is considered to be a low-intensity development that does not involve assemblages of large groups of people, the project is considered consistent with the CLUP. H. Growth Management (C.M.C. Chapter 21.90) and Local Facilities Management Zone 17 The proposed project is located within Local Facilities Management Zone 17 in the southeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table-C below. Table C - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks IMPACTS N/A N/A 155EDU N/A COMPLIANCE Yes Yes Yes Yes CT 06-20/PUD 06-02 - THE TOWERS AT BRESSI RANCH February 7, 2007 Page 6 Table C - GROWTH MANAGEMENT COMPLIANCE CONTINUED STANDARD Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS 68 CFS (Basin D) 1,822 ADT Stations 2 and 5 N/A N/A 155EDU 64,061 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes V.ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and Title 19 - Environment. Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the certified Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP 178 (EIR 98-04), dated July 9, 2002. EIR 98-04 evaluates the potential environmental effects of the development and operation of the "Bressi Ranch Master Plan" and associated actions inclusive of the subject planning area reviewed here. The City Council certified EIR 98-04 on July 9, 2002. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to Planning Area 4 have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-04 "Findings of Fact and Statement of Overriding Considerations" applies to all the subsequent projects covered by the Bressi Ranch Master Plan Final Program EIR. The proposed project would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-04 and no further CEQA compliance is required. EIR 98-04 is available for review at the Planning Department. ATTACHMENTS; 1. Planning Commission Resolution No. 6239 (CT 06-20) 2. Planning Commission Resolution No. 6240 (PUD 06-02) 3. Location Map 4. Local Facilities Impact Assessment Form 5. Background Data Sheet 6. Disclosure Statement 7. Reduced Exhibits 8. Exhibits "A" - "E" dated February 7, 2007 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: The Towers at Bressi Ranch - CT 06-2Q/PUD 06-02 LOCAL FACILITY MANAGEMENT ZONE: 17 GENERAL PLAN: PI (Planned Industrial) ZONING: P-M (Planned Industrial) DEVELOPER'S NAME: Ryan Company US. Inc. ADDRESS: 9171 Towne Centre Dr., Suite 460. San Diego. CA 92122 PHONE NO.: 858-812-7910 ASSESSOR'S PARCEL NO.: 213-262-01 through-05 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 20.824 acres A. City Administrative Facilities: Demand in Square Footage = NA B. Library: Demand in Square Footage = NA C. Wastewater Treatment Capacity (Calculate with J. Sewer) 155 EDU D. Park: Demand in Acreage = NA E. Drainage: Demand in CFS = 68 CFS Identify Drainage Basin = Basin "D" (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 1.822 APT (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 2 and 5 H. Open Space: Acreage Provided = NA I. Schools: NA (Demands to be determined by staff) J. Sewer: Demands in EDU 155 EDU Identify Sub Basin = 17A (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 64.061 GPP BACKGROUND DATA SHEET CASE NO: CT 06-20/PUD 06-02 CASE NAME: The Towers at Bressi Ranch APPLICANT: Ryan Companies US, Inc. REQUEST AND LOCATION: Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and a recommendation of approval for a Tentative Tract Map and Nonresidential Planned Development Permit to subdivide a 20.824-acre site with 18 previously approved industrial buildings into 93 airspace nonresidential condominium units and one common area lot generally located along the south side of Palomar Airport Road, east of Innovation Way and north of Gateway Road in the P-M (Planned Industrial) Zone, Bressi Ranch Master Plan, Planning Area 4, and Local Facilities Management Zone 17. LEGAL DESCRIPTION: Lots 24 through 28. inclusive, of Carlsbad Tract CT 02-15, in the City of Carlsbad, County of San Diego, State of California, According to Map thereof No. 14960, filed in the Office of the County Recorder of San Diego County on February 4, 2005. APN: 213-262-01 thru-05 Acres: 20.83 Proposed No. of Lots/Units: 1 lot GENERAL PLAN AND ZONING Existing Land Use Designation: PI (Planned Industrial) Proposed Land Use Designation: NA Density Allowed: NA Density Proposed: NA Existing Zone: P-M (Planned Industrial) Proposed Zone: NA Surrounding Zoning, General Plan and Land Use: General Plan Current Land Use Site PC (P-M in MP 178) PI Industrial North PC (P-M in MP 178) PI Industrial South PC (RD-M/C-2/CF in MP 178) RM/RMH/RH/L/CF SF Residential East PC (P-M in MP 178) PI Vacant West PC (P-M in MP 178) PI Vacant PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 155 EDU ENVIRONMENTAL IMPACT ASSESSMENT Certified Environmental Impact Report (EIR 98-04), dated July 9, 2002. Revised 01/06 &( Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. Th'e following"information MUST be"disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. - Note: . . Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, .corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." .Agents may sign this document; however, the legal name' and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) . . Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application, if the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. £A separate page may be attached if necessary.) Corp/Part Title Address 2. OWNER (Not the uwi ,=. oOWNER (Not the Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares, IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE. INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be. attached if necessary.) Person. Title Corp/Part Title At- Address Address CA FAX sun 30 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust list the names and addresses of ANY person serving as an officepu-or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust M/A^ - - . Non Profit/Trust - Title Title Address Address 4. Have you had more than $250 worth Of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes X No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge,a I .rf——"—~-^ \ a ' i ' ___ | !\ Signature of owner/date a SWijfat applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if appiicable/date Print or type name of owner/applicant's agent H:ADMlN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 9002-I-S-80 ossvs 3\ WWW.RYANCOMPANIES.COM RYAN COiMPANIES US, INC. 9171 Towne Centre Drive, Suite 460 San Diego, CA 92122 858-812-7910 tel 858-812-7930 fax BUILDING LASTING RELATIONSHIPS September 1, 2006 City of Carlsbad Planning Dept. 1635 Faraday Avenue Carlsbad, CA 92028 Re: Disclosure Statement for The Towers at Bressi Ranch/Ryan Companies US, Inc. 1) Applicant: Palomar Airport Road LLC a. LLC b. Owners: i. Ryan Companies US, Inc.: 50% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 ii. James R. Ryan: 10.6% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 iii. Patrick G. Ryan: 10.6% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 iv. Timothy M. Gray: 5.3% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 v. John Strittmatter: 13.5% 1 North Central, Ste. 1300 Phoenix, AZ 85004-4418 vi. Matthew Reid: 10% 9171 Towne Centre Dr., Ste. 460 San Diego, CA 92122 2) Owner: Palomar Airport Road LLC a. LLC b. Owners: i. Ryan Companies US, Inc.: 50% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 ii. James R. Ryan: 10.6% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 BYAIf BUILDING LASTING RELATIONSHIPS iii. Patrick G. Ryan: 10.6% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 iv. Timothy M. Gray: 5.3% 50 South Tenth St., Ste. 300 Minneapolis, MN 55403-2012 v. John Strittmatter: 13.5% 1 North Central, Ste. 1300 Phoenix, AZ 85004-4418 vi. Matthew Reid: 10% 9171 Towne Centre Dr., Ste. 460 San Diego, CA 92122 CM O I (OO OCM I CO O 11 QCQ iil 0< ml iliii Q.< LJ o ,-f•< ^ I CNO I COO O OCN I CO O I— O Q_ < 2 Q-rsi(nCrtjjj —'^1 <Q?5§! LL.(^|?ro< £ iin s » M3 M II*" * iiss e| ;; iiuiiii oCM I (Oo o -flff -"fcr "- ~13 <i8 3 Wl 9 T* o „ « 05 ;g o ^j en : ^a B.. ! 3^5 in 9 r» i i 1 4 !* 4 , x' o 5 <s co2 /•"IV "O ct O 1 .' • 1 ~*'3 "s SI' 9r 61 < 7? ! = o ^-z.S •' 3 i« 3 S /> ^ i•i| \ * 3 ! -18- -9 N 3 * 4 I .. MS m I I ;, L-^™J Planning Commission Minutes February 7,2007 L/IV J*\l I Page 3 EXHIBITS 3. CT 06-20/PUD 06-02 - THE TOWERS AT BRESSI RANCH - Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and a recommendation of approval for a Tentative Tract Map and Nonresidential Planned Development Permit to subdivide a 20.824- acre site with 18 previously approved industrial buildings into 93 nonresidential airspace condominium units and one common area lot generally located along the south side of Palomar Airport Road, east of Innovation Way and north of Gateway Road in the P-M (Planned Industrial) Zone, Bressi Ranch Master Plan, Planning Area 4, and Local Facilities Management Zone 17. Mr. Neu stated Items 1 and 3 would normally be heard in a public hearing context; however, the projects appear to be minor and routine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as consent items, including the errata sheets, if any. Staff would be available to respond to questions if the Commission or someone from the public wished to pull either of the items. Chairperson Baker asked if any members of the Planning Commission wished to pull Agenda Item 1 or 3. Chairperson Baker asked if any member of the audience wished to address Agenda Item 1 or 3; seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6235 approving CUP 96-16x1 based upon the findings and subject to the conditions contained therein and that the Planning Commission adopt Planning Commission Resolutions No. 6239 and 6240 recommending approval of CT 06-20 and PUD 06-02 based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Baker, Commissioners Cardosa, Montgomery, Dominguez, Douglas, Segall, and Whitton NOES: None 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 This space is for the County Clerk's Filing Stamp Proof of Publication of 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: March 03rd, 2007 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 05th, Day of March, 2007 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, be-cause your interest may Be alCity Council of the City of Ca.... _________ .. ________ ___ ....... .._a public hearing at the Council Chambers, 1200Carlsbad Village ,Drive, Carlsbad.Califomia, at 6:00p.m. on Tuesday, March 13, 2007, to consider a re-quest for approval of a Tentative Tract Map andNon-residential Planned Development Permit to sub-divide a 20.824-acre site with 1 8 previously approvedindustrial buildings into 93 non-residential airspacecondominium units and one common area lot gener-ally located along the south side of Palomar AirportRoad, east of Innovation Way and north of GatewayRoad in the P-M (Planned industrial) Zone, BressiRanch Master Plan, Planning Area 4, and Local Fa-cilities Management Zone 17 and more particularlydescribed as: Lot 24 through 28, inclusive, of Carlsbad Tract CT02-15, in theuity of Carlsbad, County of San Diego,State of California, according to Map thereof No.14960, filed in the 6ffice of the County Recorder ofSan Diego County on February 4,2005. Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copiesof the agenda bill will be available on and after March2.2007. If you have any questions, please call JasonGoff in the Planning Department af (760) 602-4643. The time within which you may judicially challengethis Carlsbad Tentative Tract Map and/or Non-residential Planned Development Permit, if ap-proved, is established by state law and/or city ordi-nance, and is very short. If you challenge the Carls-bad Tentative Tract Map and/or Non-residentialPlanned Development Permit in court, you may belimited to raising only those issues you or someoneelse raised at the public hearing described in this no-tice or in written correspondence delivered to the Cityof Carlsbad. Attn: City Clerk's Office, 1200 CarlsbadVillage Drive, Carlsbad, CA 92008, at or prior to thepublic hearing. CASE FILE: CT06-20/PUD 06-02 • CASE NAME: THE TOWERS AT BRESSI RANCH PUBLISH: March 3, 2007 NCT 2033836 CITY OF CARLSBADCITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, {DATE}, to consider a request for approval of a Tentative Tract Map and Non-residential Planned Development Permit to subdivide a 20.824-acre site with 18 previously approved industrial buildings into 93 non- residential airspace condominium units and one common area lot generally located along the south side of Palomar Airport Road, east of Innovation Way and north of Gateway Road in the P-M (Planned Industrial) Zone, Bressi Ranch Master Plan, Planning Area 4, and Local Facilities Management Zone 17 and more particularly described as: Lot 24 through 28, inclusive, of Carlsbad Tract CT 02-15, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14960, filed in the Office of the County Recorder of San Diego County on February 4, 2005. 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 and after {DATE}. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. The time within which you may judicially challenge this Carlsbad Tentative Tract Map and/or Non-residential Planned Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Carlsbad Tentative Tract Map and/or Non-residential Planned Development Permit 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's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CT 06-20/PUD 06-02 CASE NAME: THE TOWERS AT BRESSI RANCH PUBLISH: {DATE} CITY OF CARLSBAD CITY COUNCIL ' I' I '.'I ._.I I I I I I I I PMF:pneu-piv ' ' K* III ^ WOT TO SCALE SITEMAP The Towers at Bressi Ranch CT 06-20/PUD 06-02 Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 PETER DRINKWATER DIR OF AIRPORTS COUNTY OF SAN DIEGO 1960 JOE CROSSONDR ELCAJON CA 92020-1236 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 SCOTT MALLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER DAVID HAUSER CITY OF CARLSBAD PROJECT PLANNER JASON GOFF RYAN COMPANIES US, INC 9171 TOWNE CENTRE DR STE 460 SAN DIEGO CA 92122 02/20/2007 .DQI.C .11.1:3 AW AH3AV-O9-008-1 ~~.J~. -A, ®091S • ••» •* — i •% Art i •*•»/"•*•« a\ Rec#: 1 APN: 209-050-25-00 COUNTY OF SAN DIEGO SFT CARLSBAU LUC 6519EBARZLN PARADISE VALLEY, AZ 85253-1874 LBA INDUSTRIAL FUND-HOLDING CO I 2235 FARADAY AVE O CARLSBAD, CA 92008-7215 INC LEAFS INVESTMENTS L P 1333 CAMINO DEL RIO S 310 SAN DIEGO, CA 92108-3520 TWOROGER BRENDA 8799 BALBOA AVE 270 SAN DIEGO, CA 92123-1542 SHAW INVESTMENT CO 160 NEWPORT CENTER DR 250 NEWPORT BEACH, CA 92660-6968 CALIFORNIA BUTCHERS FUND 1330 PARK CENTER DR VISTA, CA 92081-8300 PACIFIC STARR ESSEX-CARLSBAD L L C 650 SIERRA MADRE VILLA AVE 100 PASADENA, CA 91107-2013 BASILE PETER A 08-16-99 1520GLORIETTABLVD CORONADO, CA 92118-2911 CARDER INVESTMENT PROPERTIES L L C 1314 S PACIFIC ST OCEANS IDE, CA 92054-4990 KING ROBERT LEE & CHRISTOPHER C & CHRISTOPHER C 17 27TH AVE VENICE, CA 90291-4304 MANZANO FAMILY TRUST 6201 ALVERTON DR CARLSBAD, CA 92009-3061 BENSON FAMILY TRUST 01-26-01 2550 DISCOVERY RD CARLSBAD, CA 92009-3062 MATAS STEVEN A 2554 DISCOVERY RD CARLSBAD, CA 92009-3062 SAJONAS EFREN E & OFELIA F 2558 DISCOVERY RD CARLSBAD, CA 92009-3062 SCHAFER MARTIN P & ROBIN C 2562 DISCOVERY RD CARLSBAD, CA 92009-3062 MELL MICHAEL & WENDY 2566 DISCOVERY RD CARLSBAD, CA 92009-3062 HETTICH JOACHIM F X 2570 DISCOVERY RD CARLSBAD, CA 92009-3062 NGUYEN CHRISTOPHER V & TRAN THUY K & TRAN THUY K 2574 DISCOVERY RD CARLSBAD, CA 92009-3062 KLEIN JEFFREY 2578 DISCOVERY RD CARLSBAD, CA 92009-3062 Rec#: 2' - • '.' ORELLANA MIRNA E 2582 DISCOVERY RD CARLSBAD, CA 92009-3062 GARRETT RICHARD E & CHRISTY M 6202 TOPIARY ST CARLSBAD, CA 92009-3063 BURLINGAME JANNIES S 6206 TOPIARY ST CARLSBAD, CA 92009-3063 YOUNG JOHN M & CAROL A 6210 TOPIARY ST CARLSBAD, CA 92009-3063 HAISHA LAITH T 6214 TOPIARY ST CARLSBAD, CA 92009-3063 LUNDIN DAVID & JUDITH A 6218 TOPIARY ST CARLSBAD, CA 92009-3063 OBERGFELL JOSEPH & ELIZABETH K 6222 TOPIARY ST CARLSBAD, CA 92009-3063 LEJBETTbK THOMAS A & DIANE M 6226 TOPIARY ST CARLSBAD, CA 92009-3063 WRONSKI CHRISTOPHER G 2585 DISCOVERY RD CARLSBAD, CA 92009-3062 KIM YOUNG I & YOUNG H & YOUNG H 2581 DISCOVERY RD CARLSBAD, CA 92009-3062 KiM MICHAEL B 2577 DISCOVERY RD CARLSBAD, CA 92009-3062 QUACH TUAN M & HUYNH DAISY A & HUYNH DAISY A 2573 DISCOVERY RD CARLSBAD, CA 92009-3062 WEISS JOSEPH H 2569 DISCOVERY RD CARLSBAD, CA 92009-3062 MUSGROVE MICHAEL E & RANDI R 2565 DISCOVERY RD CARLSBAD, CA 92009-3062 KARL RANDALL S & DORRIT H 2561 DISCOVERY RD CARLSBAD, CA 92009-3062 DEROSALES LEDESMA L 2557 DISCOVERY RD CARLSBAD, CA 92009-3062 BENHOUHOU REDA M & ERIN C 2553 DISCOVERY RD CARLSBAD, CA 92009-3062 PARKER DANE A & DIANA O 2556 INGLETON AVE CARLSBAD, CA 92009-3060 LINGENFELTER CHARLES 2560 INGLETON AVE CARLSBAD, CA 92009-3060 LE JOSEPH QUANG MY & NHU HANG 2564 INGLETON AVE CARLSBAD, CA 92009-3060 Rec#- MELLET FRANCOIS & CAROLYN D 2568 INGLETON AVE CARLSBAD, CA 92009-3060 Rec-'f '• A"N: ,H3-1?0-4u-0 WEBB ROBERT L & CARMEN 2572 INGLETON AVE CARLSBAD, CA 92009-3060 GLADSTEIN FAMILY TRUST 2576 INGLETON AVE CARLSBAD, CA 92009-3060 FORD FAMILY TRUST 2580 INGLETON AVE CARLSBAD, CA 92009-3060 SHARIF ALFRED G & JANET K 2584 INGLETON AVE CARLSBAD, CA 92009-3060 JOHNSON JODI M G 2588 INGLETON AVE CARLSBAD, CA 92009-3060 NELSON CHRIS J & MARY M 2587 INGLETON AVE CARLSBAD, CA 92009-3060 SHARIF S J TRUST 2583 INGLETON AVE CARLSBAD, CA 92009-3060 DEYO ROBERT W & NGUYEN KIMANH T & NGUYEN KIMANH T 2579 INGLETON AVE CARLSBAD, CA 92009-3060 JOHNSON STEVEN J & ANNE M 2575 INGLETON AVE CARLSBAD, CA 92009-3060 BARRUETTO JOSE G & ANNETTE M 2571 INGLETON AVE CARLSBAD, CA 92009-3060 GARCIA JAMEa rt & ANIKA M 2567 INGLETON AVE CARLSBAD, CA 92009-3060 BRESSI HOLDING L L C 9619 CHESAPEAKE DR 103 SAN DIEGO, CA 92123-1394 SHEPHERD PAUL t & DONNA M 2631 HANCOCK CIR CARLSBAD, CA 92009-3052 WARREN NANCY 2633 HANCOCK CIR CARLSBAD, CA 92009-3052 GODINA PEDRO 2635 HANCOCK CIR CARLSBAD, CA 92009-3052 KIM HENRY Y & JENNIFER C 2637 HANCOCK CIR CARLSBAD, CA 92009-3052 KIRILLOV ALEXEY 2639 HANCOCK CIR CARLSBAD, CA 92009-3052 CLARK BRYAN P & TARA J 2641 HANCOCK CIR CARLSBAD, CA 92009-3052 BYRNE MICHELLE 2643 HANCOCK CIR CARLSBAD, CA 92009-3052 LE-NGUYEN TRUST 2645 HANCOCK CIR CARLSBAD, CA 92009-3052 CARDONA BLANCA 2647 HANCOCK CIR CARLSBAD, CA 92009-3052 CHANDARL1S ROSALINDA 2649 HANCOCK CIR CARLSBAD, CA 92009-3052 ARAIN SOFIA 2632 HANCOCK CIR CARLSBAD, CA 92009-3052 WAYNICK KELLEY 2634 HANCOCK CIR CARLSBAD, CA 92009-3052 SANCHEZ ERNESTO & ANA P 2636 HANCOCK CIR CARLSBAD, CA 92009-3052 ESPINOZA ROSA 2638 HANCOCK CIR CARLSBAD, CA 92009-3052 DI1ORIO PETER J 2640 HANCOCK CIR CARLSBAD, CA 92009-3052 CHIANG SHIRLEY 2642 HANCOCK CIR CARLSBAD, CA 92009-3052 LEHMAN SHANNA 2644 HANCOCK CIR CARLSBAD, CA 92009-3052 JONES KIMBERLY D 2646 HANCOCK CIR CARLSBAD, CA 92009-3052 MAKTINEZ MARLENE v 2648 HANCOCK CIR CARLSBAD, CA 92009-3052 MERCADO LUIS 2650 HANCOCK CIR CARLSBAD, CA 92009-3052 SEO BYOUNG 2670 ALAMEDA CIR CARLSBAD, CA 92009-3051 FERNANDEZ ARTHUR 2672 ALAMEDA CIR CARLSBAD, CA 92009-3051 NEAL DARYL & ALBRIGHT NATASHA & ALBRIGHT NATASHA 2674 ALAMEDA CIR CARLSBAD, CA 92009-3051 KING DANA M & HANNAH D 2676 ALAMEDA CIR CARLSBAD, CA 92009-3051 KIM HYUNG-KWAN 2678 ALAMEDA CIR CARLSBAD, CA 92009-3051 BAEK SEUNG HO & CHANG SEOK MEE 2680 ALAMEDA CIR CARLSBAD, CA 92009-3051 CALVERLEY RUSSEL J 2682 ALAMEDA CIR CARLSBAD, CA 92009-3051 Rec#: 8- t - v ; : '. DEHAVEN JESSICA E 2684 ALAMEDA CIR CARLSBAD, CA 92009-3051 JOHNSON JACI M 2686 ALAMEDA CIR CARLSBAD, CA 92009-3051 BLESSMAN DAWN 2688 ALAMEDA CIR CARLSBAD, CA 92009-3051 TELLEZ MIRIAM 2675 ALAMEDA CIR CARLSBAD, CA 92009-3051 HUGHES JEREMY J & JAMIE J & JAMIE J 2673 ALAMEDA CIR CARLSBAD, CA 92009-3051 Ren?': GC ?'-..': .-'. HARRIS JAMES A & GRANDE DENISE M 2675 ALAMEDA CIR CARLSBAD, CA 92009-3051 SU HONG & CAi LING 2677 ALAMEDA CIR CARLSBAD, CA 92009-3051 SILVA JOAO C & ROSALVA N 2679 ALAMEDA CIR CARLSBAD, CA 92009-3051 GROVE HARRY A JR & SHANNON 2681 ALAMEDA CIR CARLSBAD, CA 92009-3051 PHAM LONli uuOC 2683 ALAMEDA CIR CARLSBAD, CA 92009-3051 MANGIAPANE LEONARDO 2685 ALAMEDA CIR CARLSBAD, CA 92009-3051 WOLICKI ALICE F 2687 ALAMEDA CIR CARLSBAD, CA 92009-3051 FELLOWS SUSAN M 2689 ALAMEDA CIR CARLSBAD, CA 92009-3051 OKAWA SOICHIRO & YOKO 6229 SHAMROCK PL CARLSBAD, CA 92009-3055 GOMEZ CYNTHIA L 6231 SHAMROCK PL CARLSBAD, CA 92009-3055 Rec#: £•; -••.•:' ;~" —-04- ZAMAN SHAFIQ 6233 SHAMROCK PL CARLSBAD, CA 92009-3055 COCHRAN CATHLEEN J TRUST 6235 SHAMROCK PL CARLSBAD, CA 92009-3055 H-c:?: t'-> AFixi: 2'c-, MEZA VERNAE 6237 SHAMROCK PL CARLSBAD, CA 92009-3055 SULEJMANI GENTI 6239 SHAMROCK PL CARLSBAD, CA 92009-3055 •^--.•:.•: 100 APN: 213-1.*.-04- MOERSCH JEREMIAH 6241 SHAMROCK PL CARLSBAD, CA 92009-3055 PHAM VY 6243 SHAMROCK PL CARLSBAD, CA 92009-3055 BAILY LAURA 6245 SHAMROCK PL CARLSBAD, CA 92009-3055 RUTHERFORD THERESA 07-24-05 6247 SHAMROCK PL CARLSBAD, CA 92009-3055 DIEPBINH&L1EUCHINH 6205 SHAMROCK PL CARLSBAD, CA 92009-3055 ALCANTAR THOMAS & SUSANA 6207 SHAMROCK PL CARLSBAD, CA 92009-3055 MAO YUEN HUI & YAN LIN RONG 6209 SHAMROCK PL CARLSBAD, CA 92009-3055 KIPNIS KIM A 6211 SHAMROCK PL CARLSBAD, CA 92009-3055 HAUSE BRENDAN S 6213 SHAMROCK PL CARLSBAD, CA 92009-3055 GUAJARDO-PERE2 LUIS S 6215 SHAMROCK PL CARLSBAD, CA 92009-3055 WAGNER WENDY L 6217 SHAMROCK PL CARLSBAD, CA 92009-3055 CARRILLO FRANCISCO A & MANZO ROSA E & MANZO ROSA E 6219 SHAMROCK PL CARLSBAD, CA 92009-3055 ENGERER LORELEI 6221 SHAMROCK PL CARLSBAD, CA 92009-3055 MCCONNELL BRIAN & SUGIMOTO KELLY & SUGIMOTO KELLY 6223 SHAMROCK PL CARLSBAD, CA 92009-3055 NGUYEN NANCY 2668 LEIGHTON CIR CARLSBAD, CA 92009-3053 SNIVELY NICHOLAS J & ERINN D 2670 LEIGHTON CIR CARLSBAD, CA 92009-3053 HSU ALICE W 2672 LEIGHTON CIR CARLSBAD, CA 92009-3053 FINN FRANCIS J & CATHERINE L 2674 LEIGHTON CIR CARLSBAD, CA 92009-3053 DORMANESH RYAN M 2676 LEIGHTON CIR CARLSBAD, CA 92009-3053 TANTOD BINDI S 2678 LEIGHTON CIR CARLSBAD, CA 92009-3053 EAKIN KEVIN B & OLIVIA L 2680 LEIGHTON CIR CARLSBAD, CA 92009-3053 ZOBITZ SUZANNE M 2682 LEIGHTON CIR CARLSBAD, CA 92009-3053 DONOGHUE ANDREW 2684 LEIGHTON CIR CARLSBAD, CA 92009-3053 ARROYO JULIETA M 2686 LEIGHTON CIR CARLSBAD, CA 92009-3053 CUELLAR SUSANA M 2669 LEIGHTON C!R CARLSBAD, CA 92009-3053 LIVINGSTON STEVEN J 2671 LEIGHTON CIR CARLSBAD, CA 92009-3053 PADILLA JAVIER B & YUNG YANNA 2673 LEIGHTON CIR CARLSBAD, CA 92009-3053 KUWABARA SHIHO 2675 LEIGHTON CIR CARLSBAD, CA 92009-3053 PARK JONG WHA 2677 LEIGHTON CIR CARLSBAD, CA 92009-3053 HA SANDY 2679 LEIGHTON CIR CARLSBAD, CA 92009-3053 COBIAN SILVIA 2681 LEIGHTON CIR CARLSBAD, CA 92009-3053 ALAM ZEYN & KHANAM SHRIN & KHANAM SHRIN 2683 LEIGHTON CIR CARLSBAD, CA 92009-3053 EPUNAJOHNC 2685 LEIGHTON CIR CARLSBAD, CA 92009-3053 ABADILLA GABRIEL 2687 LEIGHTON CIR CARLSBAD, CA 92009-3053 MARTIN SCHUYLER J III & MELISSA 6203 LIBERTY PL CARLSBAD, CA 92009-3054 COTTO MARIA C 6205 LIBERTY PL CARLSBAD, CA 92009-3054 KIM SHARON 6207 LIBERTY PL CARLSBAD, CA 92009-3054 JACINTO CODY B & VANESSA N 6209 LIBERTY PL CARLSBAD, CA 92009-3054 STRONG MICHAEL D 6211 LIBERTY PL CARLSBAD, CA 92009-3054 GERTZKI RUDOLPH A & HEATHER M 6213 LIBERTY PL CARLSBAD, CA 92009-3054 GONZALEZ JAVIER & RODRIGUEZ YOLANDA & RODRIGUEZ YOLANDA 6215 LIBERTY PL CARLSBAD, CA 92009-3054 CHUNG JOON W 6217 LIBERTY PL CARLSBAD, CA 92009-3054 WHENNEN MARK W & ASAKO 6221 LIBERTY PL CARLSBAD, CA 92009-3054 --•: ,i13-130-C't)-42 SANCHEZ LISA C 6206 LIBERTY PL CARLSBAD, CA 92009-3054 VU CHAD 6210 LIBERTY PL CARLSBAD, CA P2009-3054 YEE JOHNNY 6214 LIBERTY PL CARLSBAD, CA 92009-3054 PETERSON RICHARD & SACHIKO 6218 LIBERTY PL CARLSBAD, CA 92009-3054 SCIORTINO FRANCESCA C 6222 LIBERTY PL CARLSBAD, CA 92009-3054 LEDESMA ROBERT D & VANESSA N & VANESSA N 6219 LIBERTY PL CARLSBAD, CA 92009-3054 DAVIES STEVEN J & SHELLEY J 6204 LIBERTY PL CARLSBAD, CA 92009-3054 MILLIRONELSAA 6208 LIBERTY PL CARLSBAD, CA 92009-3054 JONES CASSANDRA R 6212 LIBERTY PL CARLSBAD, CA 92009-3054 POTASHOV VLADIMIR V 6216 LIBERTY PL CARLSBAD, CA 92009-3054 FOGARTYJEFFREYP 6220 LIBERTY PL CARLSBAD, CA 92009-3054 TRADER JOES CO POBOX 5049 MONROVIA, CA 91017-7149 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, {DATE}, to consider a request for approval of a Tentative Tract Map and Non-residential Planned Development Permit to subdivide a 20.824-acre site with 18 previously approved industrial buildings into 93 non- residential airspace condominium units and one common area lot generally located along the south side of Palomar Airport Road, east of Innovation Way and north of Gateway Road in the P-M (Planned Industrial) Zone, Bressi Ranch Master Plan, Planning Area 4, and Local Facilities Management Zone 17 and more particularly described as: Lot 24 through 28, inclusive, of Carlsbad Tract CT 02-15, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14960, filed in the Office of the County Recorder of San Diego County on February 4, 2005. 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 and after {DATE}. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. The time within which you may judicially challenge this Carlsbad Tentative Tract Map and/or Non-residential Planned Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Carlsbad Tentative Tract Map and/or Non-residential Planned Development Permit 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's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CT 06-20/PUD 06-02 CASE NAME: THE TOWERS AT BRESSI RANCH PUBLISH: {DATE} CITY OF CARLSBAD CITY COUNCIL w PALOMARAIRPOR^ NOT TO SCALE SITE MAP The Towers at Bressi Ranch CT 06-20/PUD 06-02 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 This space is for the County Clerk's Filing Stamp Proof of Publication of 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: March O3'd, 2007 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 05th , Day of March, 2007 jug. Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING JNOTICE is HEREBY GIVEN to you, be-V cause your interest may be affected, that theCity Council of the City of Carlsbad will holda public hearing at the Council Chambers, 1200Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, March 13, 2007, to consider a re-quest for approval of a Tentative Tract Map andNon-residential Planned Development Permit to sub-divide a 20.824-acre site with 18 previously approvedindustrial buildings into 93 non-residential airspacecondominium units and one common area lot gener-ally located along the south side of Palomar AirportRoad, east of Innovation Way and north of GatewayRoad in the P-M (Planned industrial) Zone, BressiRanch Master Plan, Planning Area 4, and Local Fa-cilities Management Zone 17 and more particularlydescribed as: Lot 24 through 28, inclusive, of Carlsbad Tract CT02-15, in thepity of Carlsbad, County of San Diego,State of California, according to Map thereof No.14960, filed in the Office of the County Recorder ofSan Diego County on February 4,2005. Those persons wishing to speak on thiscordially invited to attend the public hea...._. _-,of the agenda bill will be available on and after March2,2007. If you have any questions, please call JasonSoff in the Planning Department at (760) 602-4643. The time within which you may judicially challengethis Carlsbad Tentative Tract Map and/or Non-residential Planned Development Permit, if ap-proved, is established by state law and/or city ordi-nance, and is very short. If you challenge the Carls-bad Tentative Tract Map and/or Non-residentialPlanned Development Permit in court, you may belimited to raising only those issues you or someoneelse raised at the public hearing described in this no-tice or in written correspondence delivered to the Cityof Carlsbad. Attn: City Clerk's Office, 1200 CarlsbadVillage Drive, Carlsbad, CA 92008, at or prior to thepublic hearing. CASE FILE: CT 06-20/PUD 06-02 • CASE NAME: THE TOWERS AT BRESSI RANCH PUBLISH: March 3, 2007 NCT 2033836 CITY OF CARLSBADCITYCOUN'-11JNCIL The Towers at Bressi RanchCT 06-20/PUD 06-02 Location MapGATEWAY RDTOWN GARDEN RDINNOVATION WYALICANTE RDALLEY X TOPIARY STINGLETON AVALLEY Y COLT PLVILLAGE GREEN DRDISCOVERY RD GATEWAY RDEL FUERTE STPALOMAR AIRPORT RDTOWN GARDEN RDL O K E R A V W E S T PARADISE RDALICANTE RDTOPIARY STINNOVATION WYALLEY X VILLAGE GREEN DRCO TTA GE D R INGLETON AVALLEY Y COLT PLDARTINGTON WYALLEY BB DISCOVERY RDGARDEN HOUSE RDC A M P B EL L P L ALLEY T FINNILA PLS HA M R O CK P L DOLPHIN CT0800400FeetCT 06-20/ PUD 06-02The Towers at Bressi RanchExistingCommercial CenterFutureBressi RanchCommercial CenterBressi Ranch PA 420.82 AC Council Consideration• Tentative Subdivision Map (CT 06-20) and Non-Residential Planned Development Permit (PUD 06-02) to subdivide a 20.82-acre site with 18 previously approved industrial office buildings into 93 nonresidential airspace condominium units and one common area lot. Project Background• The project site and architecture was previously approved administratively by the Planning Director on May 31, 2006 through a Planned Industrial Permit (PIP 05-24).• Grading and Building Permits for the project have been issued, and construction of the site has commenced. Project Consistency• General Plan• Bressi Ranch Master Plan• Subdivision Ordinance (C.M.C. Title 20)• Zoning Ordinance (C.M.C. Title 21)• McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP)• Growth Management•CEQA Planning Commission Action• On February 7, 2007, the Planning Commission conducted a public hearing for the project.• No public comment was made at that time.• The Planning Commission voted 7-0 to recommend approval of the project to the City Council. Recommendation• City Council adopt Resolution No. 2007-056, approving Tentative Subdivision Map (CT 06-20) and Non-Residential Planned Development Permit (PUD 06-02) for the Towers at Bressi Ranch as recommended for adoption and approval by the Planning Commission.