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HomeMy WebLinkAbout2013-09-10; City Council; 21365; Kelly Corporate Center GPA 12-01 ZC 12-01CITY OF CARLSBAD - AGENDA BILL 11 AB# MTG. DEPT. 21.365 9/10/13 CED KELLY CORPORATE CENTER GPA 12-01/ZC 12-01/LCPA 12-02 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hoid a public hearing and: a. INTRODUCE Ordinance No. CS-228 APPROVING a Zone Change (12-01); and b. ADOPT Resolution No. 2013-228 . APPROVING the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment (GPA 12-01); and Local Coastal Program Amendment (LCPA 12-02). ITEM EXPLANATION: On August 7, 2013, the Planning Commission conducted a public hearing for the Kelly Corporate Center project; which is located on the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. The project is a request for approval of a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) and Open Space (OS) to Office (0) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (0) and Open Space (OS) and a Local Coastal Program Amendment (LCPA) on a 7.5 acre site which is currently developed with an existing 50,000 square foot office building and vacant lot with approvals for another 50,000 square foot office building. The Office land use designation would continue to allow for office type uses similar to those permitted by the Planned Industrial Land Use and Zoning designations in addition to office uses that cater to the general public such as medical office uses and related commercial uses. Project Planning Commission City Council Coastal Commission Mitigated Negative Declaration RA X GPA 12-01 RA X ** ZC 12-01 RA X ** LCPA 12-02 RA X • RA = Recommended adoption/approval X = Final City decision-making authority • = Requires Coastal Commission approval ** = Will not become effective until the Coastal Commission approves LCPA 12-02 DEPARTMENT CONTACT: Van Lynch 760-602-4613 van.lvnch@carlsbadca.ROv FOR CITY CLERKS USE ONLY. V COUNCIL ACTION: APPROVED k CONTINUEDTO DATE SPECIFIC • DENIED • CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Poge 2 On August 7, 2013, the Planning Commission adopted (7-0) Planning Commission Resolutions No. 6991, 6992, 6993, and 6994, recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of the General Plan Amendment (GPA 12-01), Zone Change (ZC 12-01), and Local Coastal Program Amendment (LCPA 12-02). No one spoke in opposition of the project. FISCAL IMPACT: No fiscal impacts have been identified. ENVIRONMENTAL IMPACT; Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19 of the Carlsbad Municipal Code), staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to greenhouse gasses and transportation and circulation from the development ofthe site with office land uses. Mitigation measures have been placed as conditions of approval for the project and will be implemented by the developer prior to the issuance of any future grading or building permits on the property such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was published in the newspaper and sent to the State Clearinghouse for public agency review. Comment letters were received from the Native Americans and Caltrans during the 30-day public review period from May 24, 2013 to June 25, 2013. EXHIBITS: 1. City Council Ordinance No. CS-228 (ZC 12-01) 2. City Council Resolution No. 2013-228 (MND/GPA 12-01/LCPA 12-02) 3. Planning Commission Resolutions No. 6991, 6992, 6993, and 6994, dated August 7, 2013 4. Planning Commission Staff Report, dated August 7, 2013 5. Excerpts of Planning Commission Minutes, dated August 7, 2013. 3 EXHIBIT 1 ORDINANCE NO. CS-228 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 2 CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM PLANNED INDUSTRIAL, QUALIFIED 4 DEVELOPMENT OVERLAY ZONE (P-M-Q) AND OPEN SPACE (OS) TO OFFICE (0) AND OPEN SPACE (OS) ON PROPERTY GENERALLY 5 LOCATED AT THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT ZONES. 7 CASE NAME: KELLY CORPORATE CENTER CASE NO.: ZC 12-01 6 9 10 The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council did on the 10*^ day of September, 2013, hold a duly 11 noticed public hearing as prescribed by law to consider said request; and 12 WHEREAS, said application constitutes a request for a Zone Change as shown on 13 Exhibit "ZC 12-01 - KELLY CORPORATE CENTER,'' dated August 7, 2013, attached hereto and 14 made a part hereof; and 15 WHEREAS at said public hearing, upon hearing and considering all testimony and 16 17 arguments, if any, of all persons desiring to be heard, said City Council considered all factors 18 relating to the "ZC 12-01 - KELLY CORPORATE CENTER. 1^ NOW, THEREFORE, the City Council of the City of CaHsbad does ordain as follows: SECTION 1: That section 21.50.030 of the Carlsbad Municipal Code, being the zoning map, is ar^ended as shown on the map marked "ZC 12-01 - KELLY CORPORATE CENTER," 24 dated August 7, 2013, attached hereto and made a part hereof. 25 26 27 28 -1- 20 21 22 23 SECTION 11: That the findings and conditions of the Planning Commission in 2 Planning Commission Resolution No. 6993 shall also constitute the findings and conditions of 3 the City Council. 4 ^ EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days ^ after its adoption, but not until Local Coastal Program Amendment LCPA 12-02 is approved by 7 the California Coastal Commission, and the City Clerk shall certify to the adoption of this 8 ordinance and cause it to be published at least once in a publication of general circulation In the 9 City of Carlsbad within fifteen days after its adoption. {Notwitiistanding tiie preceding, this 10 ordinance sfiall not be effective witiiin ttie City's Coastal Zone until approved by the California 11 Coastal Connmission.) 12 13 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council 14 on the 10^^ day of September, 2013, and thereafter. 15 /// /// /// /// /// 16 17 18 19 20 21 /// III III III III 22 23 24 25 26 27 /// 28 -2- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of ^ Carlsbad on the day of 2013, by the following vote, to wit: AYES: NOES: ABSENT: 3 4 5 6 7 ABSTAIN: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk (SEAL) •3- Exhibit "ZC 12-01 August?, 2013 ZC 12-01 Kelly Corporate Center C-T-Q OS ;H0 P-M-Q OS R-l-Q P-M-Q OS RD-M-Q EXISTING C-T-Q OS R-l-Q \ RD-M-Q R-1-IOOOO-Qv PROPOSED Related Case File No(s): GPA 12-01 / LCPA 12-02 Zoning Designation Changes Property From: To: A. 212-040-67-00 P-M-Q/OS 0/OS B. 212-040-68-00 P-M-Q 0 C. 212-040-69-00 P-M-Q 0 (fi 1 FXHIRIT 7 RESOLUTION NO. 2013-228 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING: 1) A MITIGATED NEGATIVE 3 DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, 2) AN AMENDMENT TO THE GENERAL PLAN TO 4 CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM PLANNED INDUSTRIAL (PI) AND OPEN SPACE (OS) TO OFFICE (0) AND OPEN SPACE (OS), AND 3) A LOCAL COASTAL PROGRAM AMENDMENT ON A 7.5 ACRE SITE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN 7 VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER 8 CASE NO.: GPA 12-01/ZC 12-01/LCPA 12-02 9 10 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 12 Commission did, on August 7, 2013, hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as referenced in Planning Commission Resolution No. 6991, General Plan Amendment 12-01, according to Exhibit "GPA 12-01" attached to Planning Commission Resolution No. 6992, and Local Coastal Program Amendment 12-02 according to Exhibit "LCPA 12-02" attached to 13 14 15 16 17 Planning Commission Resolution No. 6994, and 19 WHEREAS, the City Council of the City of CaHsbad, on the ^^^^ day of 20 September ^ 2013, held a duly noticed public hearing to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment and Local Coastal Program Amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 21 22 23 24 25 2g relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 27 Program, General Plan Amendment and Local Coastal Program Amendment. 28 16 17 18 19 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of CaHsbad as follows: 1. That the above recitations are true and correct. 1 2 3 4 5 2. That the recommendation of the Planning Commission for the adoption 6 of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and the approval of a General Plan Amendment (GPA 12-01) and Local Coastal Program Amendment (LCPA 12-02) are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6991, 6992 and 6994, on file with the City Clerk, are incorporated herein by reference, and are the findings and conditions of 7 8 9 10 11 ^2 the City Council 13 3. That the application for a General Plan Amendment to the Land Use Map 14 ofthe General Plan and Local Coastal Program Amendment to change the land use designations •^^ from Planned Industrial (Pl) and Open Space (OS) to Office (0) and Open Space (OS) and the zoning from Planned Industrial, Qualified Development OveHay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS), on property generally located at the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5, as shown in Planning Commission Resolutions No. 6992 and 6994, is hereby accepted and 21 approved, and shall be effective no sooner than thirty days after its adoption. 22 4. That the approval of GPA 12-01 shall not be effective until LCPA 12-02 is approved by the California Coastal Commission and the California Coastal Commission's 24 approval becomes effective. 25 " 26 /// 27 28 12 13 16 17 18 19 20 21 24 25 26 27 28 5. That the approval of LCPA 12-02 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. "NOTICE TO APPLICANT" 6 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of CaHsbad by CaHsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a 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 10 extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written 11 request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of CaHsbad, 1200 CaHsbad Village Drive, CaHsbad, CA. 92008. /// 14 /// 15 /// /// /// /// /// /// 22 /// 23 /// /// /// /// 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 ofthe City Council ofthe City of Carlsbad on the 10*^ day of September, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, Ci Exhibit "GPA 12-01 August?, 2013 GPA 12-01 Kelly Corporate Center EXISTING TR J 8 i PI PI OS PROPOSED Related Case File No(s): ZC 12-01 / LCPA 12-02 General Plan Land Use Designation Changes Property From: To: A. 212-040-67-00 Pl/OS 0/OS B. 212-040-68-00 PI 0 C. 212-040-69-00 PI 0 Exhibit "LCPA 12-02' August?, 2013 LCPA 12-02 (Land Use) Kelly Corporate Center TR OS EXISTING TR OS PI I / PI PI OS OS ^^^^^ ^^^^^^ RH PROPOSED Related Case File No(s): GPA 12-01 / ZC 12-01 LCPA Land Use Designation Changes Property From: To: A. 212-040-67-00 Pl/OS 0/OS B. 212-040-68-00 PI 0 C. 212-040-69-00 PI 0 IZ Exhibit "LCPA 12-02" August?, 2013 LCPA 12-02 (Zoning) Kelly Corporate Center \ V 01 OS C-T-Q \% J P-M-Q UJ f « ^^0^^ li / os^«**^ P-M-Q /::•:/ OS r OS R-1-Q ^^^R-i.^.tboW-Q^'^ EXISTING PROPOSED Related Case File No(s): GPA 12-01 / ZC 12-01 LCPA Zoning Designation Changes Property From: To: A. 212-040-67-00 P-M-Q/OS o/os B. 212-040-68-00 P-M-Q 0 C. 212-040-69-00 P-M-Q 0 \3 5 EXHIBIT 3 ^ PLANNING COMMISSION RESOLUTION NO. 6991 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM PLANNED INDUSTRIAL (PI) AND 6 OPEN SPACE (OS) TO OFFICE (0) AND OPEN SPACE (OS), A ZONE CHANGE TO CHANGE THE ZONING FROM 7 PLANNED INDUSTRIAL, QUALIFIED DEVELOPMENT OVERLAY ZONE (P-M-Q) AND OPEN SPACE (OS), TO ^ OFFICE (O) AND OPEN SPACE (OS) AND A LOCAL COASTAL PROGRAM AMENDMENT ON A 7.5 ACRE SITE WITH AN EXISTING 50,000 SQUARE FOOT OFFICE 10 BUILDING AND VACANT LOT WITH APPROVALS FOR ANOTHER 50,000 SQUARE FOOT OFFICE BUILDING 11 LOCATED AT THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. 13 CASE NAME: KELLY CORPORATE CENTER CASEJiOj GPA 12-01/ZC 12-01/LCPA 12-02 14 " 15 the City of Carlsbad regarding property owned by Kelly Corporate Center, LLC & IIA, LLC, 9 12 19 WHEREAS, The Allen Group, "Developer," has filed a verified application with 17 "Ovmer," described as 18 Parcels 1, 2 and 3 of Parcel Map No. 19207, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 2Q 2003 as file no. 2003-0402795 of Official Records 21 ("the Property"); and 22 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 23 Reporting Program was prepared in conjunction v^th said project; and 24 WHEREAS, the Planning Commission did on August 7, 2013, hold a duly 25 noticed public hearing as prescribed by law to consider said request; and 26 " 2y WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors 1 2 3 4 5 5 A) That the foregoing recitations are true and correct 8 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 7 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 9 "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part 10 hereof, based on the following findings: 11 Findings: 12 1. The Planning Commission of the City of Carlsbad does hereby fmd: 13 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration 14 and Mitigation Monitoring and Reporting Program for Kelly Corporate Center - GPA 12-01/ZC 12-01/LCPA 12-02, the environmental impacts therein 1^ identified for this project and any comments thereon prior to J g RECOMMENDING APPROVAL ofthe project; and 17 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the Califomia 18 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 19 ^ 2Q c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 21 based on the EIA and comments thereon, there is no substantial evidence the 22 project will have a significant effect on the environment. Conditions: 23 24 Developer shall implement, or cause the implementation of the Kelly Corporate Center - 25 GPA 12-01/ZC 12-01/LCPA 12-02 Project Mitigation Monitoring and Reporting Program. Specifically, the mitigation measures associated with the land use change 2^ and zone change shall be required to be implemented by the developer prior to the 2y issuance of any future grading or building permits on the property. 28 PC RESO NO. 6991 -2- 7 8 9 10 11 12 15 16 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on August 7, 2013, by the following vote, to wit: AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Schumacher, 5 Commissioner Scully and Commissioner Segall NOES: ABSENT: ABSTAIN: KERRY K. SIEKMANN, ChairperW 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: L2I 17 DON NEU City Planner 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6991 <^l5rfe> CITY OF ^ CARLSBAD Community & Economic Development www.caHsbadca.gov MITIGATED NEGATIVE DECLARATION CASE NAME: Kellv Corporate Center CASE NO: GPA 12-01/ZCA 12-01/LCPA 12-02 PROJECT LOCATION: Southeast corner of Palomar Airport Road and Hidden Vallev Road. Carlsbad. San Diego PROJECT DESCRIPTION: A request for a General Plan Amendment, Zone Change, and Local Coastal Program (LCP) Amendment to change the General Plan and Local Coastal Program Land Use designation from Planned Industrial (PI) to Office (0) and to change the Zoning and LCP Zoning from Planned Industrial (P-M) to Office (0) on 7.5 acres of land located on the southeast corner of Palomar Airport Road and Hidden Valley Road In Local Facilities Management Zone 5. The site consists of two .75 acre development pads with a common 6.0 acre site that includes parking, associated access and parking driveways and site landscaping. The western pad has been developed with a 48,000 square foot office building. The second easterly pad has been graded and is vacant and has approvals (SDP 97-25) for a similar office building. The site is located adjacent to and southerly of Palomar Airport Road. To the east is an existing three story office building and to the south is Encinas Creek that has been land use designated open space and has existing open space easements for the preservation and maintenance of the open space. To the west is Hidden Valley Road with an office building located on the west side of the road. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: ^ Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. I I The proposed project MAY have "potentially significant Impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed In an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the eaHier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). I I Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPAa REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are Imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: [CLICK HERE datei , pursuant to fCLICK HERE Administrative Approval. PC/CC Resolution No., or CC Ordinance No.l ATTEST: DON NEU City Planner Pianning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax 17 V (CARLSBAD Community & Economic Development www.caHsbadca.gov NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Kellv Corporate Center CASE NO: GPA 12-01/ZC 12-01/LCPA 12-02 PROJECT LOCATION: Southeast corner of Palomar Airport Road and Hidden Vallev Road. CaHsbad. San Diego Countv PROJECT DESCRIPTION: A request for a General Plan Amendment, Zone Change, and Local Coastal Program (LCP) Amendment to change the General Plan and Local Coastal Program Land Use designation from Planned Industrial (PI) to Office (O) and to change the Zoning and LCP Zoning from Planned Industrial (P-M) to Office (O) on 7.5 acres of land located on the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. The site consists of two .75 acre development pads with a common 6.0 acre site that includes parking, associated access and parking driveways and site landscaping. The western pad has been developed with a 48,000 square foot office building. The second easterly pad has been graded and is vacant and has approvals (SDP 97-25(A)) for a similar office building. The site is located adjacent to and southerly of Palomar Airport Road. To the east is an existing three story office buiiding and to the south is Encinas Creek that has been land use designated open space and has existing open space easements for the preservation and maintenance of the open space. To the west is Hidden Valley Road with an office building located on the west side ofthe road. PROPOSED DETERMINATION: The City of CaHsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of CaHsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy ofthe initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, CaHsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant Planning Division \^ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Division within 30 days ofthe date ofthis notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Division at (760) 602-4613. PUBUC REVIEW PERIOD Mav 24. 2013 - June 13. 2013 PUBUSH DATE Mav 24. 2013 ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DIVISION) CASE NO: OPA 12-01/ZC ll^l/LCFA 12-02 DATE: Mav 8.2013 BACKGROUND 1. CASE NAME: Kellv Corporate Certo- 2, LEAD AGENCY NAME AND ADDRESS: Citv ofCarlsbad. 1635 Faradav Avenue. Carisbad CA. 92008 _ ^ . 3, CONTACT PERSON AND PHONE NUMBER: Yml^mh,.(7m 6mrM\3 4, PROJECTLOCATION: Southeast comer of Palomar Airport Road and Hidden Vallev Road 5, PROJECT SPONSOR'S NAME AND ADDRESS: The Allen Group. 11943 El Camino ReaL Suite 200. San Diego CA, 92130 ....... ^ ^ ^ . 6, GENERAL PLAN DESIGNATION: Existing Planned Industrial (Pll Proposed Office (O) z ZONING: ExiMiiig Planned fii^isii^ai ^ mmm Bm^mmm mmm 2m (P-m^i^ Proposed Office (Q) -.^ 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): Califomia Coastal CommiMon (LCPA> ,,— 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: A request for a Gener^ Plan Am^dment^ Zone Change, and Loc^ Coastal Program (LCP) Amendment to chm^ the General Pl^ and Local C^tal Program Land Use d^igpatipn from Planned Industrial (Pn to Office (O^ and to change the Zoning and LCP Zoning from Planned Industrial (P.MTl to Office (Q^ on 7.S acrts of land located on the southeast comer of Faiomar Airpc»t Road and Hidden Vallev Road In Local Facilities Maim^ment Zone 5. The 7*5 Sit^ consists of two .75 acre development oads vxith a cornmpn 6.0 acre site that includes parking. associated access and paricing drivevyavs and site landscaping. The western pad has J^fin developed with a 48.000 square foc^ office bmlding. The second easterly pad has been md/ej and Is vacant and has approvals (SDP 97-251 fbr a similar offlce building. The site is lom^d adjacent to and southerly of Palomar AinxMt Road. To the east ts ^ existing toe storv ofSce building and to the south is aicit^ Creek that has been land use cfestgnated open space and has existing open space easements the preservation and maltttenance of the open space. To th^ west is Hidden Vallev Road with an office building located on the west side ofthe road. Zo GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summaiy of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by die checklist on the following pages. n Aesthetics • Agricultural and Forestry Resources • Air Quality n Biological Resources • Cultural Resources • Geology/Soils ^ Greenhouse Gas Emissions • Population and Housing • Hazards/Hazardous Materials • Public Services • Hydrology/Water Quality • Recreation • Land Use and Planning • Mineral Resources • Noise 13 Transportation/Traffic n Utilities & Service Systems • Mandatory Findings Significance of Rev. 10/18/10 21 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I I I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earUer analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. r~l I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earUer ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. -zaO City Planner's Signature Date Rev. 10/18/10 2^ GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER ENVIRQNMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like tbe one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mhigated Negative Declaration may be prepared. Rev. 10/18/10 ^3 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER • An EIR must be prepared if 'Totentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures tiiat reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for thc significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce tiie adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to detemiine the level of significance for a potentially adverse effect, or determine the effectiveness ofa mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and tiie proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation InooTporaled Less Than Significant Impact No Impact • p. X • • • X D X D Q D ^ a-d) No Impacts. The site is located in the Encinas Creek valley and will not impact scenic vistas. The present land use, zoning and development entitlements allow for the development of an office building on the currently graded and vacant development pad. The proposed project would allow for office uses similarly to tiie existing professional office uses ofthe Planned Industrial Zone and similar to what is developed on either side ofthe vacant site. Rev. 10/18/10 25 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER II. AGRICULTURAL AND FOREST RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the Califoraia Department of Conservation as an optional model to use in assessing impacts on agriculture and l&rmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the Califomia Air Resources Board.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricuhural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • U M • • • • • a-e) No Impacts. The project site consists of one developed and one previously graded lot proposed to be land use designated and zoned for office uses. The site does not contain forest land, prime farmland, unique farmland, or farmland of statewide importance. The site has not been recently used for farmland. The subject site is not encumbered by any Williamson Act contracts. The project would not resuh in otiier changes to the environment that would result in the conversion of farmland to non-agricultural uses. Given the existing development ofthe property, surrounding office development, and lack of existing agricultural uses, it is unlikely that agricultural operations would be viable at this location. Any future development of the site would not adversely affect agricultural resources. No impact assessed. Rev. 10/18/10 2U> GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER III. AIR QUALITY - (Where available, tiie significance criteria established by the applicable air quality management or air pollution control distrtct may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact • • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact O ED D IS S f 1 I I j—j Q Q o •: il i t ftrp LJ 121 a) No Impact. The project site is located in tiie San Diego Air Basin which is a state non-attainment area for ozone (63) and for respirable particulate matter (less than or equal to 10 microns in diaraeter (PMjo)) and fine particulate matter (equal to 2.5 microns in diameter ((PM 2.5)).. The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particulariy for ozone in inland foothill areas, requires that a plan be developed outiining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other Califomia non-attainment areas having serious ozone problems and used to create the Califomia State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9* through lO"" in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996 and subsequently approved the San Diego Plan (SIP revision) in 2007. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER Section 15125(d) of tiie State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of tiie RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The Califomia Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions in the regional air quality plan and will in no way conflict with or obstruct implementation of the regional plan. b) Less Than Significant Impact The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site fi-om 2008 through September 2012, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 1 day (September 26, 2008) during the 4-year period) and for the state 8-hour standard for ozone (a total of 12 days during the 5 year period). No other violations of any air quality standards have been recorded during the 5-year time period. Long-term emissions associated with travel to and fi-om the project will be minimal. Although air pollutant emissions would be associated with the project, they would neitiier result in the violation of any ^r quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively cQnsiderable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to tiie CEQA Guidelines Section 15064(h)(3), tiie proposed project's incremental contribution to the cumulative effect is not cumulatively considerable. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) No Impact. The site is presently an office building and vacant graded development pad that does not generate objectionable odors. The proposed use of the site as an Office use would also not generate objectionable odors as the allowed uses are primarily office uses. The construction of the proposed project could generate fumes fi-om the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetiand habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact • • • Potentially Significant Unless Mitigation Incorporated D D Less Than Significant No Impact Impact o • CD CD CD K • • a-f) No Impacts. The project site consists of one developed and one previously graded lot proposed to be land use designated and zoned for office uses and does not contain any flora or fauna. The southerly adjacent open space preserve will not be impacted by the General Plan designation change as it will remain an open space preserve pursuant to the previous mitigated negative declaration for SDP 97-25. 10 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER V. CULTURAL RESOURCES - Would tiie project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantia adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directiy or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a n • m • • o • m • o m a-d) No Impact. The project site consists of one developed and one previously graded lot proposed to be land use designated and zoned for office uses. The General Plan designation change fi-om Planned Industrial to Office will not impact any cultural resource because a mitigation program from SDP 97-25 was implemented for the previous grading ofthe site. No cultural impacts will occur as resuh of the change in land use. As requested by the local Native American tribe, cultural resource reconnaissance is requested to ensure no cultural resources are impacted during fiiture constmction projects. Cultural Resource measures are included (See MMRP Cultural 1 and Cultural 2) to provide archeological monitoring, recovery and curation. 11 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER VL GEOLOGY AND SOILS - Would tiie project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a resuh of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Section 1802.3.2 of the Califoraia Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • o o o o • • • • • • • • m o 2S a-e) No Impacts. The project site consists of one developed and one previously graded lot proposed to be land use designated and zoned for office use which has been graded pursuant to the recommendations of the Geotechnical Investigation for SDP 97-25, dated April 1997, by Robert Prater Associates and the grading standards of the City of Carlsbad. 12 Rev. 10/18/10 3( GPA 12.01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER VII. GREENHOUSE GAS EMISSIONS project: Would tiie Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated a) Generate greenhouse gas emissions, either directly or indirectly, tiiat may have a significant impact on tiie environment? O Less Than Significant No Impact Impact b) Conflict witii an applicable plan, policy or regulation Q adopted for tiie purposes of reducing tiie emissions of greenhouse gases? PavW. LOW CKbon Fuel Standards and boA EPA En^g' f'^'r aS^tion to implementation of Mitigation existing project design features such as n^^^^i^ie W Sri Center Medioal Offlces, March 25, 2013, Measure GHG-1, Estimrted Annual Era-'^'T *^^H £11,291.74 tons compared to Hoftnan Planning and E»f neering C02e en^^^^ ^:^'fj;^e^'°em^.sio«s from business as usual by 51.0 business as usual. A reduction of this size would ™>'« emissions would be less than signiflcant. percent which will meet and .f^ST^'^dS^^ retT;h'^^?l"«-^^^^ GHG-1: Water active grading sites a minimum of two times daily. Water unpaved roads a minimum of two times daily. Replace ground cover in disturbed ^eas as soon as p^^^^^^ ^ ^^^^^^ Architectural coatings applied to ^^f^^^jf.^''^'^ ^" ^ Organic Gas (ROG) limitations of SDAPCD Rule 67.0. Provide long term bicycle parking. Provide shower/changing facilities. a) b) c) d) e) f) 13 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER VIII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a resuh, would it create a significant hazard to the public or environment? Potentially Significant Impact e) For a project within an airport land use plan, or |^ •u/Viprft Qiir.h a nian has not been adoDted. within two For a project withm an airport land use pian, where such a plan has not been adopted, within two miles ofa public airport or public use airport, would the project resuh in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would tiie project resuh in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation pian? • • Potentially Significant Unless Less Than Mitigafion Significant No Incorporated Impact Impact • O: ,n M • • • • m h) Expose people or structures to a significant risk of ioss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a-d) and f-h) No Impact. The project site consists of one developed and one previously graded lot proposed to be land use designated and zoned for office uses and the sites do not contain nor are they adjacent to any hazardous materials. The change in use would not change tiie surrounding environment nor would tbe existing environment impact the site as an Office General Plan Land Use designation. e) Less Than Significant Impact. The site developed as either industrial or professional office uses would be consistent witii tbe McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The project FAR would be .29 where .64 is determined to be compatible. The maximum lot coverage is 70% where the existing approved project is currentiy permitted at 15%. 14 Rev. 10/18/10 33 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER IX. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattem ofthe site or area, including through the alteration of the course of a streara or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattem ofthe site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surfece runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as m^ped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area stmctures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a resuh of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • Q • •: o D, •: m • • • M • • D K • • U M • • H CD CD D K • r—l r—i fry 15 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER a-j) No Impact. The project site consists of one developed and one previously graded lot proposed to be land use designated and zoned for office uses and the proposed land use designation change would not impact tiie existing drainage facilities. Federal, state and local agencies have established goals and objectives for storm water quality in the region. There is no constmction proposed as part of tiie proposal and any fiiture development will have to comply witii all federal, state and local permits including tiie Stormwater Management Plan (SWMP) required under the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (WPO) (Section 67.871), the City of Carlsbad's Standard Urban Storm Water Mitigation Plan, the National Pollution Discharge Elimination System (NPDES) ftom tiie Regional Water Quality Control Board (RWQCB), and tfie projects previous "Hydraulic Analysis of Encinas Creek for Kelly Corporate Center," dated November 7, 1997, Crosby Mead, Benton & Associates and "Preliminary Drainage Report Kelly Corporate Center," dated November 7, 1997, Crosby Mead, Benton & Associates. 16 Rev. 10/18/10 3b> GPA 12-01/ZC 12-OlA.CPA 12-02 KELLY CORPORATE CENTER X. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for tiie purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Potenfially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact O D • X O: • o X o o n M a-c) No Impact. The proposed professional office land use designation and ftiture professional office building project is compatible v»rith the existing and surrounding uses. The project does not physically divide an established community. The proposed project does not conflict with any existing or proposed land use plans or policies ofthe City of Carisbad as the existing professional office building is consistent with either the existing or proposed land use designation as most of tiie permitted office type uses are the same. The proposed Office land use designation is consistent with the City ofCarlsbad General Plan in tiiat it will allow office, professional and related commercial uses that are compatible with existing surrounding office and planned industrial uses. A Local Coastal Program Amendment will be processed to reflect tiie land use and zoning changes. The previously graded project site is compatible with the City ofCarlsbad Habitat Management Plan as determined by the previous entitiement for SDP 97-25(A). 17 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER XI. MINERAL RESOURCES - Would tiie project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) ResuU in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact •n n rvl • m a-b) No Impact The project site consists of one developed and one previously graded lot proposed to be land use designated and zoned for office uses. Based on the 1994 Final Master Environmental Impact Report for the City of Carisbad General Plan Update there is no indication that the subject property contains any known mineral resources that would be of future value to the region or tiie residents of the State. No impact assessed. 18 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER XII. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourae vibration or groundbourae noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • Kl P • • O • • O • 13 O M a-f) Less than significant impacts. The project site consists of one developed and one previously graded lot proposed to be land use designated and zoned for office uses. Changing the land use designation will not: create any noise levels in excess of standards; generate any excessive groundboume vibration or noise levels; or, generate any permanent increase in ambient noise levels in the project vicinity. The project area is within the McClellan Palomar Airport Land Use Compatibility Plan and is located within the 60 to 65 dB CNEL noise contour and is categorized as a compatible use and therefore will not have any noise impacts. Standard construction methods will sufficiently attenuate exterior noise levels to an acceptable interior community noise equivalent level ( 50 CNEL). Any office located within the 65 to 70 dB CNEL noise contour must be sound attenuated to 50 dB CNEL interior noise level. A notice of potential noise impacts from airport operations has previously been recorded against the property. 19 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER XIII. POPULATION AND HOUSING - Would tiie project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastmcture)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • M O • a-c) No Impacts. The project site consists of one developed and one previously graded lot proposed to be land use designated and zoned for office uses. The land use change will not induce any substantial growth because there is no development proposed. All lots have been previously subdivided and approved by Parcel Map 19207. The project will not displace any existing housing as none exists or necessitate tiie construction of replacement housing. The project also will not displace any people therefore no impact is assessed. 20 Rev. 10/18/10 3^ GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER XrV. PUBLIC SERVICES a) Would the project resuh in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the constmction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant No Incorporated Intact Impact i) Fire protection? • O: X ii) Police protection? • • • X iii) Schools? o • • X iv) Parks? o: • a X v) Other public facilities? |""" 1 • X a) No Impacts. The project site consists of one developed and one previously graded lot proposed to be land use designated and zoned for office uses and the use is in compliance with tiie City of Carlsbad's Growtii Management Plan and is not exceeding the development projections anticipated for the site or the southwest quadrant. There is no change to impacts of public facilities as the change in land use does not change the impacts associated with development of office buildings. As a resuh there will be no impact on any of the public services or facilities. 21 Rev. 10/18/10 40 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational fecilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated Ixss Than Significant Impact O O No Impact • M a&b) No Impact. The project does not include a component that would increase demand for regional or neighborhood parks (such as a residential development). Future projects will be conditioned witii future entitlements to pay a park fee. The proposed project does not propose construction or expansion of recreational facilities. As a result, no impact will occur. 22 Rev. 10/18/10 Hi GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER XVI. TRANSPORTATION/TRAFFIC - Would tiie project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Resuh in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict witii adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact o • • • • • • • n H • • • • o m a M O M • El a) Potentially Significant Unless Mitigation Incorporated. The Traffic Impact Analysis for the Carlsbad Medical Offices, Urban Systems Associate, Inc., December 17, 2012 states that once all buildings are occupied with medical office the project will generate 2,840 net new Average Daily Trips (ADT's) and 273 net new peak hour trips resulting in a total of 4,800 trips and 528 peak hour trips. The traffic generated will primarily utilize Palomar Airport Road, Aviara Parkway and Hidden Valley Road. Existing traffic on these arterials are 42,108 ADT for Palomar Airport Road, 4,021 ADT for Hidden Valley Road and 13,112 for Aviara Parkway. All street segments are currentiy at a level of service of A. The 2012 peak hour level of service at the arterial intersection(s) impacted by the project is C or greater. Neither the street segment nor the intersections will be impacted significantly enough by the project traffic to lower the level of service grade. While the increase in traffic from the proposed project may be slightly noticeable, tiie street system has been designed and sized to accommodate traffic from the project and cumulative development in the City ofCarlsbad. Street segment and intersection levels of service are expected to be within the Growth Management Program requirements of Level of service "D" during tiie peak hours so that no street segment or intersection miti^tion is needed or recommended. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to tiie existing traffic load and capacity ofthe street system. The project will provide the following mitigation which results in an acceptable level of service of "D" or better during both peak hours: 23 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER T-l. At the build-out Year 2030 volumes, tfie project's peak hour traffic will contribute to a Level of Service (LOS) E at tfie intersection of PAR and Paseo del Norte (PDN), which is higher tiian tiie city's requirement of LOS D or better. In order to mitigate for this potential impact, a dedicated right-tum lane needs to be constmcted from eastbound PAR to soutiibound PDN. The project will be required to pay a proportional fair share contribution towards tiie construction of tiie right-turn lane. b) Less Than Significant Impact. SANDAG acting as tiie County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part ofthe regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: LOS Rancho Santa Fe Road "A-D" El Camino Real "A-D" Palomar Airport Road "A-D" SR 78 "F" The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if tiiat was tiie LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS 'T" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement ofthe CMP acceptable Level of Service (LOS) "E" standard assumes implementation ofthe adopted CMP strategies. Based on the design capacities of the designated roads and highway and implementation ofthe CMP strategies, they will fiinction at acceptable level(s) of service in tiie short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan, McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic pattems or resuh in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, tiierefore, would not resuh in design hazards. The proposed project is consistent witfi the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) No Impact. The project is near public transportation. The project is required to install bike racks pursuant to the Green Building Code. 24 Rev. 10/18/10 U3 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER XVII. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or resuh in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or resuh in the constmction of new storm water drainage facilities or expansion of existing facilities, the constmction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project fix>m existing entitiements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact • • • • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • n Kl CD K • m • o m a-g) No Impacts. The future office development as a resuU of a land use change will be required to comply with all Regional Water Quality Confrol Board Requirements. In addition, the Zone 5 LFMP anticipated that the project site would be developed with mdustrial/professional office uses and wastewater treatment facilities were planned and designed to accommodate indusfrial/professional office uses on these sites. All public facilities. Including water facilities, wastewater freatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. Therefore, the project will not resuh in development that will result in a significant need to expand or consfruct new water facility supplies, wastewater treatment or storm water drainage facilities. Existing waste disposal services are adequate to serve the proposed office uses as a resuU of a land use change without exceeding landfill capacity. In addition, any proposed development will be required to comply with all federal, state, and local statues and regulations related to solid waste. No impact assessed. 25 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER XVIIL MANDATORY FINDINGS OF SIGNIFICANCE a) Does tfie project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantia] adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • X P • P • O K P a) No Impacts. The proposed project will not degrade the quality of the environment. Tbe project site does not contain any sensitive fish or wildlife species. Therefore, the project will not reduce the habitat of a fish or wildlife species. The project site consists of one existing 48,000 square foot office building and one development pad for another office building. The project is for a land use and zoning change from planned Industrial to Office. The existing site is used for professional office uses and the change in land use will be a very subtie difference in the use of the property. The development site is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal community. The project is a land use change and therefore will not threaten a plant or animal community. In addition, there are no historic sfructures on the site and there are no known cultural resources on the site. The project will not result in the elimination of any important examples of Califomia History or prehistory. b.) Less Than Significant Impact. San Diego Association of Govemments (SANDAG) projects regional growth for the greater San Diego area and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All ofthe City's development standards and regulations are consistent with tiie region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, fraffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure tiiat development within the City will not result in a significant cumulatively considerable impact. There are two regional Issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would confribute to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, air quality would be essentially tiie same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and 26 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, tiiat these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. Witii regard to any other potenfial impacts associated with the project, City standards and regulations will ensure that development ofthe site will not resuh in any significant cumulatively considerable impacts. c) Less Than Significant Impact. San Diego Association of Govemments (SANDAG) projects regional growth for the greater San Diego area and local general plan land use policies are incorporated into SANDACJ projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All ofthe City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, Including grading standards, water quality and drainage standard, fraffic standards, habitat and cultural resource protection regulations, and public facility standards ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within tiie City of Carlsbad has tiie potential to have a cumulatively considerable impact on. Those issues are Green House Gas emissions and regional cfrculation. As described above, the project would not contribute to a cumulatively considerable potential net increase in emissions with the mitigation measures proposed. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Afrport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with tiie City's growtii projections, and therefore, tiie cumulative impacts from the project to the regional circulation system are less than significant. 27 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER XVin. EARLIER ANALYSES Eariier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an eariier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) EarliCT analyses used. Identify eariier analyses and state where tiiey are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mhigation measures. For effects tiiat are "Less Than Significant witii Mitigation Incorporated," describe the mitigation measures, vMch were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 28 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City ofCarlsbad Planning Division located at 1635 Faraday Avenue, Carlsbad, Califoraia, 92008. 1. Final Master Environmental Impact Report for tiie City of Carlsbad General Plan Update (MEIR 93-01). City ofCarlsbad Planning Division. March 1994. 2, Carlsbad General Plan, City of Carlsbad Planning Division, dated March 1994. 3, City ofCarlsbad Municipal Code, Title 21 Zoning, City of Carisbad Planning Division, as updated. 4. Habitat Management Plan for Natural Communities in the City ofCarlsbad, City of Carlsbad Planning Division, final approval dated November 2004. 5. Estimated Annual Emissions for the Kelly Corporate Center Medical Offices, March 25, 2013, Hofinan Planning and Engineering. 6, Traffic Impact Analysis for Carlsbad Medical Offices, December 17,2012, Urban Systems Associates, Inc. 29 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER LIST OF MITIGATING MEASURES (IF APPLICABLE) Green House Gas-1 The project shall implement the Green House Gas reduction measures as identified in the report titied Estimated Annual Emissions for the Kelly Corporate Center Medical Offices, March 25, 2013, Hofinan Planning & Engineering. g) Water active grading sites a minimum of two times daily. h) Water impaved roads a minimum of two times daily. i) Replace ground cover in disturbed areas as soon as possible. j) Architectural coatings applied to interior and exterior surfaces will be required to meet the Reactive Organic Gas (ROG) limhations of San Diego Air Pollution Control Disfrict Rule 67.0. k) Provide long term bicycle parking. ^ I) Provide shower/changing facilities. Transportation-1. Developer shall, prior to building permh issuance, pay a proportional fair share conttibution towards the consfruction of a dedicated right-turn lane from eastbound Palomar Airport Road to soutiibound Paseo del Norte to the satisfiaction ofthe City Engineer. If constraction of the right-turn lane is incorporated into the City's Traffic Impact Fee (TIF) program, the payment of TIF will satisfy this condrtion. Cultural-1 -. Prior to tfie commencement of ground-disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground-disturbing activities. The qualified archaeologist shall be on-site during all grading, frenching, and other ground-disttirbing activities unless otherwise agreed upon by the archaeologist and city staff. The City shall verify tiiat the archaeological monitor has been retained prior to tiie issuance ofa grading permh. In the event any potential cultural resource is uncovered during the course of the project consfruction, ground- disturbing activhies in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redfrect grading/frenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the confractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or otfier appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing tiie appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of tiie CEQA Guidelines shall be followed. Recovered artifect materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repattiated to the appropriate Native American Tribe(s), as specified in the pre- excavation ^cement. If any human remains are discovered, all construction activity in the immediate area of tfie discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to Califomia Health and Safety Section 7050.5. Should the Medical Examiner determine tiie human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CULTURAL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery ofthe Native American remains and may recommend to the City of Carlsbad, and the project confractor, actions for freating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation niay include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The project contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. Cultural-2 - Prior to the commencement of ground disturbing activities, tiie project developer shall retain the services of a Native American monitor. The purpose of this monitormg will be to allow for tribal observation of frenching excavation including formalized procedures for tiie freatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. The City shall verify that the Native American monitor has been retained prior to the issuance of a grading permit. Prior to implementation ofthe monitoring, a pre-excavation agreement shall be developed between tiie appropriate Native 30 Rev. 10/18/10 GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER American Tribe and the developer. The Native American representative(s) shall attend the pre-grading meeting with the connectors to explain the requfrements ofthe program. The Native American monitor shall be on-site during all grading, frenching, and other ground-disttjrbing activities unless otherwise agreed upon by the monitor and cify staff. Noise - Any office located within the 65 to 70 dB CNEL noise contour must be sound attenuated to 50 dB CNEL interior noise level. 31 Rev. 10/18/10 56> GPA 12-01/ZC 12-01/LCPA 12-02 KELLY CORPORATE CENTER APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 32 Rev. 10/18/10 Page 1 of 3 PROJECTNAME: Kellv Corporate Center APPROVAL DATE: FILE NUMBERS: GPA 12-01/ZC12-01/LCPA12-02 The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks GHG-1 The project shall implement the Green House Gas reduction measures as identified in the report titled Estimated Annual Emissions for the Kelly Corporate Center Medical Offices, March 25, 2013, Hofman Planning and Engineering. a) Water active grading sites a minimum of two times daily. b) Water unpaved roads a minimum of two times daily. c) Replace ground cover in disturbed areas as soon as possible. d) Architectural coatings applied to interior and exterior surfaces will be required to meet the Reactive Organic Gas (ROG) limitations of San Diego Air Pollution Control District Rule 67.0. e) Provide long term bicycle parking. f) Provide shower/changing facilities. Project Planning/Engineering Inspection Yes Traffic -1. Developer shall, prior to building permit issuance, pay a proportional fair share contribution towards the construction of a dedicated right-turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte to the satisfaction of the City Engineer. If construction of the right-turn lane is incorporated into the City's Traffic Impact Fee (TIF) program, the payment of TIF will satisfy this condition. Project Engineering No Cultural-1 -. Prior to the commencement of ground-disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground-disturbing activities. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and city staff. The City shall verify that the archaeological monitor has been retained prior to the issuance of a grading permit. In the event Project Planning/Engineering Inspection No Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 2 of 3 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks any potential cultural resource is uncovered during the course of the project construction, ground-disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance ofthe finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifact materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre- excavation agreement. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CULTURAL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carisbad, and the Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated, c T*f Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. ^ . Remarks = Area for describing status of ongoing mitigation measure, or for other infonnation. \^ RD - Appendix P. Page 3 of 3 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks project contractor, actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The project contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. Cultural-2 - Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Native American monitor. The purpose ofthis monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. The City shall verify that the Native American monitor has been retained prior to the issuance of a grading permit. Prior to implementation ofthe monitoring, a pre- excavation agreement shall be developed between the appropriate Native American Tribe and the developer. The Native American representative(s) shall attend the pre-grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the monitor and city staff. Noise - Any office located within the 65 to 70 dB CNEL noise contour must be sound attenuated to 50 dB CNEL interior noise level. Project Planning/Building No Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other infonnation. RD - Appendix P. PLANNING COMMISSION RESOLUTION NO. 6992 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO 4 CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM PLANNED INDUSTRIAL (PI) AND OPEN SPACE (OS) 5 TO OFFICE (O) AND OPEN SPACE (OS) ON 7.5 ACRES OF PROPERTY GENERALLY LOCATED AT THE SOUTHEAST 6 CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT 7 ZONE 5. CASE NAME: KELLY CORPORATE CENTER 8 CASE NO: GPA 12-01 ^ WHEREAS, The Allen Group, "Developer," has filed a verified application with the City of Carlsbad regarding property ovmed by Kelly Corporate Center, LLC & IIA, LLC, "Owner," described as 12 Parcels 1, 2 and 3 of Parcel Map No. 19207, in the City of 13 Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 14 2003 as file no. 2003-0402795 of Official Records 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a General Plan 17 Amendment as shown on Exhibit "GPA 12-01" dated August 7, 2013, attached hereto and on file in the Carlsbad Planning Division, KELLY CORPORATE CENTER - GPA 12-01, as provided in Govemment Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 7, 2013, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 2^ relating to the General Plan Amendment. 27 28 J-'i^ 18 19 20 21 22 23 24 25 ^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 11 21 Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. 3 4 .. B) That based on the evidence presented at the public hearing, the Conmiission 5 RECOMMENDS APPROVAL of KELLY CORPORATE CENTER - GPA 12-01, based on the following findings and subject to following conditions: 6 • 7 Findings: 1. The Planning Commission finds that the project, as conditioned herein, is in 8 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated August 7,2013, including, but not limited to the following: 9 Land Use: The project proposes a General Plan Amendment from Planned 1^ Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS) to allow for the development of office uses that cater to the general public, medical office and related commercial uses. The proposed Office Land Use designation would be ^2 compatible with adjacent Planned Industrial and Open Space land uses and promote the General Plan Land Use goal to provide for land uses which through 1^ their arrangement, location, and size, support and enhance the employment and economic viability of the community. 14 Circulation: The proposed Office Land Use designation would not result in any 15 unavoidable adverse traffic impacts to the area. Future development of Parcel 3 within the project area will implement identified traffic mitigation measures for 16 traffic impacts to Paseo Del Norte at Palomar Airport Road. The project is consistent with the applicable policies and programs of the General Plan. 17 Open Space and Conservation: The project will continue to preserve the adjacent 18 Open Space lot to the south consistent with the adopted Habitat Management Plan. 19 2. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated March 4, 2010, in that a notice concerning aircraft noise and an avigation easement have previously been recorded against the property consistent with the ALUCP. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the 22 ALUCP, the proposed land use is compatible with the airport, in that the project is within the 60 - 70dB CNEL range and typical building construction methods will 23 attenuate interior noise levels to the required 50 dB CNEL and Office uses are a conditionally compatible use at an intensity level equal to or less than 130 persons 24 per acre. The presently approved project developed with medical office uses would develop at an intensity of 114 persons per acre. 25 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 26 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 27 degree of the exaction is in rough proportionality to the impact caused by the project - „ PC RESO NO. 6992 -2-Zo ^ Conditions: General: 3 Note: Unless otherwise specified herein, all conditions shall be satisfied pnor to the issuance of 4 any grading permit or building permit on the subject property. 5 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 6 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 7 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 8 ] property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval of this General Plan Amendment. 11 ^ ^ 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make them intemally consistent and in conformity with the final action on the project. 12 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 15 4. If any conditions for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this 16 Project are challenged, this approval shall be suspended as provided in Govemment Code Section 66020. If any such condition is determined to be invalid, this approval shall be 1 ^ invalid unless the City Council determines that the project without the condition complies ^ g with all requirements of law. 5. Developer shall implement, or cause the implementation of, the Keiley Corporate 19 Center Project Mitigation Monitoring and Reporting Program. The mitigation measures shall be required to be implemented by the developer prior to the issuance of grading or building permits on the property. 21 6. 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 2^ and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, 24 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 25 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 26 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 27 approval is not validated. 2g PC RESO NO. 6992 -3- g-p 20 22 ^ ^ This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 This approval is granted subject to the approval of the Kelly Corporate Center 4 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 12-01 and LCPA 12-02 and is subject to all conditions contained in Planning 5 Commission Resolutions No. 6991, 6993 and 6994 for those other approvals incorporated herein by reference. 6 9. Building permits will not be issued for this project unless the local agency providing 7 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 8 time of the application for the building permit, and that water and sewer capacity and ^ facilities will continue to be available until the time of occupancy. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning IJ Commission of the City of Carlsbad, Califomia, held on August 7, 2013, by the following vote, 12 to wit: 13 AYES: Chairperson Siekmann, Conmiissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Schumacher, 14 Commissioner Scully and Commissioner Segall 15 NOES: 16 17 18 19 ABSENT: ABSTAIN: LTTEST: 20 KERRY K. SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION 21 " 22 23 DON NEU City Plarmer 25 26 27 PC RESO NO. 6992 -4-2o 1 PLANNING COMMISSION RESOLUTION NO. 6993 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A ZONE CHANGE FROM PLANNED INDUSTRIAL, QUALIFIED DEVELOPMENT OVERLAY ZONE (P-M-Q) AND OPEN SPACE (OS) TO OFFICE (O) AND OPEN SPACE (OS) ON 7.5 ACRES OF PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: KELLY CORPORATE CENTER CASE NO: ZC 12-01 8 9 10 11 12 13 14 15 16 17 18 19 20 2j Ordinance, EXHIBIT "X" dated August 7, 2013, and attached hereto KELLY CORPORATE 22 CENTER - ZC 12-01; and 23 WHEREAS, the Planning Commission did on August 7, 2013, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Zone Change, 28 WHEREAS, The Allen Group, "Developer," has filed a verified application with the City of Carlsbad regarding property ovmed by Kelly Corporate Center, LLC & IIA, LLC, "Ovmer," described as Parcels 1, 2 and 3 of Parcel Map No. 19207, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 2003 as file no. 2003-0402795 of Official Records ("the property"); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 12-01" dated August 7, 2013, attached hereto and on file in the Planning Division, KELLY CORPORATE CENTER - ZC 12-01, as provided by Chapter 21.52 ofthe Carlsbad Mimicipal Code; and WHEREAS, the proposed Zone Change is set forth in the draft City Council ^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 17 18 25 26 27 28 Commission as follows: A) That the foregoing recitations are tme and correct. 3 4 B) That based on the evidence presented at the public hearing, the Commission 5 RECOMMENDS APPROVAL of KELLY CORPORATE CENTER - ZC 12-01, based on the following fmdings and subject to the following conditions: 6 " 7 Findings: 1. That the proposed Zone Change from Planned Industrial, Qualified development 8 Overlay Zone (P-M-Q) and Open Space (OS) to Office (O) and Open Space (OS) is consistent with the goals and policies of the various elements of the General Plan, in that ^ the Office (O) zone implements the Office (O) General Plan Land Use designation. 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by Califomia state law and the City of Carlsbad General Plan Land Use Element, in that the Office zone implements the proposed Office General Plan Land 12 Use designation. 13 3. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent vydth sound planning principles in that the proposed location is 14 necessary and desirable to provide office and medical services to the community, which will contribute to the well-being of the community. The proposed uses will 15 not be detrimental to the health, safety, or welfare of persons working or living in the vicinity, or injurious to property or improvements in the vicinity in that 16 adequate separation of uses is proposed. 4. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the I g degree of the exaction is in rough proportionality to the impact caused by the project. 20 Conditions: 21 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 22 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 23 future building permits; deny, revoke, or further condition all certificates of occupancy issued imder the authority of approvals herein granted; record a notice of violation on the 24 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Zone Change. PC RESO NO. 6993 -2- ^ 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Zone Change documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development shall 2 occur substantially as shovm on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 5 regulations in effect at the time of building permit issuance. 6 4. If any condition for constmction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 7 are challenged, this approval shall be suspended as provided in Goverrmient Code Section 66020. If any such condition is determined to be invalid, this approval shall be 8 invalid unless the City Council determines that the project without the condition complies ^ with all requirements of law. JQ 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 J J representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly 12 or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 13 in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including wdthout limitation, any and all 14 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 15 been concluded and continues even if the City's approval is not validated. ^6 6. This approval is granted subject to the approval of the Kelly Corporate Center Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 12-01 and LCPA 12-02 and is subject to all conditions contained in Plarming Jg Commission Resolutions No. 6991, 6992 and 6994 for those other approvals incorporated herein by reference. 19 Developer shall implement, or cause the implementation of, the Kelly Corporate Center 20 Project Mitigation Monitoring and Reporting Program. The mitigation measures shall be required to be implemented phor to the issuance of a grading permit or building 21 permit on the property. 22 23 24 25 26 27 28 PC RESO NO. 6993 9 10 11 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on August 7, 2013, by the following vote, to wit: 4 AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Schumacher, 5 Commissioner Scully and Commissioner Segall 6 NOES: 7 ABSENT: 8 ABSTAIN: 12 KERRY K. SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION 13 " 14 ATTEST: DON NEU City Planner PC RESO NO. 6993 -4- {/I, 5 ^ PLANNING COMMISSION RESOLUTION NO. 6994 ^ A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD 4 LOCAL COASTAL PROGRAM TO CHANGE THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM LAND USE PLAN FROM PLANNED INDUSTRIAL (PI) AND ^ OPEN SPACE (OS) TO OFFICE (O) AND OPEN SPACE (OS) AND ZONING MAP FROM PLANNED INDUSTRIAL, 7 QUALIFIED DEVELOPMENT OVERLAY ZONE (P-M-Q) AND OPEN SPACE (OS), TO OFFICE (O) AND OPEN SPACE 8 (OS) ON 7.5 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: KELLY CORPORATE CENTER 11 CASE NO: LCPA 12-02 9 10 WHEREAS, Califomia State law requires that the Local Coastal Program 13 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, The Allen Group, "Developer," has filed a verified application with the City of Carlsbad regarding property ovmed by Kelly Corporate Center, LLC & IIA, LLC, 14 15 16 J y "Owner," described as 18 Parcels 1, 2 and 3 of Parcel Map No. 19207, in the City of Carlsbad, County of San Diego, State of California, filed in the 19 Office of the County Recorder of San Diego County, April 9, 2Q 2003 as file no. 2003-0402795 of Official Records 21 ("the Property"); and 22 WHEREAS, said verified application constitutes a request for a Local Coastal ^•^ Program Amendment as shovm on Exhibit "LCPA 12-02" dated August 7, 2013, attached hereto, as provided in Public Resources Code Section 30514 and Section 13551 of Califomia Code of Regulations Title 14, Division 5.5; and WHEREAS, the Plarming Commission did on August 7, 2013, hold a duly 24 25 26 27 2g noticed public hearing as prescribed by law to consider said request; and (p3 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period 1 2 3 4 5 5 for any amendment to the Local Coastal Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ^ Commission of the City of Carlsbad, as follows: 9 A) That the foregoing recitations are tme and correct. 10 B) At the end of the State-mandated six-week review period, starting on July 13, 11 2012 and ending on August 24, 2012, staff shall present to the City Council a j2 summary of the comments received. j3 C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY CORPORATE CENTER - LCPA 14 12-02, based on the following findings, and subject to the following conditions: ^5 Findings: ' That the proposed Local Coastal Prograrri Amendment meets the requirements of, and is J y in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by 18 this amendment, in that the proposed Local Coastal Program Office (O) and Open Space (OS) land use designations and Office (O) and Open Space (OS) zoning 19 designations are consistent with the proposed Office (O) and Open Space (OS) 2Q General Plan Land Use designation and the Office (O) and Open Space (OS) zoning designations; the project will not impact Environmentally Sensitive Habitat Areas 21 and has previously protected the adjacent Open Space with conservations easements and management requirements and the payment of Agricultural Conversion 22 Mitigation Fees have previously been collected with prior development for the funding of other agricultural programs. 2^ ^. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the property's LCP Land Use and Zoning designations into 25 consistency with the City's proposed General Plan Land Use and Zoning designations. 26 27 28 PC RESO NO. 6994 -2- {^t| ^ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, held on August 7,2013, by the following vote, to wit: 3 AYES: Chairperson Siekmaim, Commissioner Anderson, Commissioner 4 Black, Commissioner L'Heureux, Commissioner Schumacher, ^ Commissioner Scully and Commissioner Segall 6 NOES 7 ABSENT: ABSTAIN 8 9 10 11 12 15 16 KERRY K. SIEKMANN, Chairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 17 DON NEU City Planner 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6994 EXHIBIT 4 The City of Garlsbad Plaiming Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: August 7,2013 Project Planner: Van Lynch Project Engineer: Steve Bobbett SUBJECT: I. GPA 12-01/ZC 12-01/LCPA 12-02 - KELLY CORPORATE CENTER - Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to change the General Plan Land Use designation from Plarmed Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS), a Zone Change to change the zoning from Plaimed Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 50,000 square foot office building and a vacant lot with approvals for another 50,000 square foot office building located at the southeast comer of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. RECOMMENDATION That the Plarming Commission ADOPT Plarming Commission Resolution No. 6991 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Conmiission Resolutions No. 6992, 6993, and 6994 RECOMMENDING APPROVAL of General Plan Amendment 12-01, Zone Change 12-01, and Local Coastal program Amendment 12-02 based on the findings and subject to the conditions contained therein. n. INTRODUCTION The project is a request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal Program Amendment (LCPA) on a 7.5 acre site with an existing 50,000 square foot office building and vacant lot with approvals for another 50,000 square foot office building located at the southeast comer of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. Since the subject properties are located in the Mello II segment of the City's Coastal Zone, the LCPA is required to change the LCP Land Use designation and zoning designations on the property consistent with the proposed General Plan Land Use designation and Zoning changes. GPA 12-01/ZC 12-01/LCPA 12-02 - KELLY CORPORATE CENTER August 7, 2013 Page 2 • III. PROJECT DESCRIPTION AND BACKGROUND The Kelly Corporate Center project involves a request fi'om the property ovmer (Kelly Corporate Center II, and IIA, LLC) to change the General Plan Land Use designation of an existing office building and vacant lot approved for an office building from Planned Industrial (PI) and Open Space (OS) to Office (0) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal Program Amendment. The Office land use designation would continue to allow for office type uses similar to those permitted by the Plarmed Industrial Land Use and Zoning designations in addition to office uses that cater to the general public such as medical office uses and related commercial uses. This is further discussed below in the Land Use and Zoning sections. The project site is located on the southeast comer of Palomar Airport Road and Hidden Valley Road. The existing project site consists of three lots including two .75 acre development pads and one common 6.3 acre lot that contains the driveways, parking and 1.2 acres of Open Space. The existing two story office building is built on the westem development pad and was occupied by the Carlsbad Fish and Wildlife Office that serves all or portions of Los Angeles, Orange, San Diego, San Bemardino, Riverside, and Imperial counties and the U.S. Army Corp. of Engineers office. The eastem .75 acre development pad is vacant. To the north of the project is Palomar Airport Road and the Crossings Golf Course, to the east is an existing office building, to the south is open space and single family residential upslope from the open space, and to the west is Hidden Valley Road and an existing office building. Tlie other adjacent existing office buildings are land use designated Plarmed Industrial and zoned Plarmed Industrial, Qualified Development Overlay Zone. The original office development was approved by Site Development Plan (SDP 97-25) and was approved by the Planning Commission on August 18, 1999 by Planning Commission Resolution No. 4602. The eastem undeveloped pad has a valid SDP (SDP 97-25Ax3) and the permit expiration date is October 5, 2016. Presently, the General Plan Land Use Element update is also recommending that the Plarmed Industrial Land Use designated properties located on the south side of Palomar Airport Road in proximity to Hidden Valley Road and Aviara Parkway be land use designated from Planned Industrial to Office. While not an implementation project associated with the General Plan update, this request will accomplish a portion of this objective. IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. General Plan Land Use Element - Office Land Use Designation; B. Office Zone (O) (Carlsbad Municipal Code Chapter 21.27); C. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); D. Commercial/Visitor-Serving Overlay Zone; E. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone and the Coastal Resource Protection Overlay Zone; and F. Local Facilities Management Plan Zone 5. GPA 12-01/ZC 12-01/LCPA 12-02 - KELLY CORPORATE CENTER August 7, 2013 Page 3 The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The properties located adjacent to and southerly of Palomar Airport Road are General Plan Land Use designated Planned Industrial (PI) and Open Space (OS). This application is a request to change the Planned Industrial Land Use designation of the property located on the southeasterly comer of Palomar Airport Road and Hidden Valley Road to an Office Land Use designation. The roughly 1.2 acre OS portion of the property is not proposed to change. The office uses permitted by the Plarmed Industrial Land Use designation and the Office Land Use designation are very similar. The primary difference is that the Office land use permits medical uses and related commercial uses that cater to the general public. The Office Land Use designation is often used to provide a buffer between retail commercial areas and residential development. The location of the existing development in the Encinas Creek valley is such that there are no commercial or residential uses directly adjacent. The existing Planned Industrial land uses are professional office uses or are conditionally permitted uses (gym) and would be compatible with office uses of the proposed Office land use designation. Palomar Airport Road, a prime arterial, provides primary access to the property with Hidden Valley Road and Aviara Parkway providing direct access to the properties. The project complies with all the applicable elements of the General Plan as illustrated in Table A below: TABLE A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use A City that provides for the development of compatible and convenient office and related commercial uses and the promotion of economic development strategies for Office development. Office uses within existing and proposed buildings provide office and related commercial uses and services and economic and employment opportunities to the community. Yes Circulation Require new development to constmct roadway improvements needed to serve proposed development. Prior to the issuance of a building permit for any future project on this site, the project applicant shall be required to pay a fair share contribution to the southbound right tum lane at Paseo Del Norte and Palomar Airport Road. This will ensure that adequate roadway improvements will exist to serve the project. Yes GPA 12-01/ZC 12-01/LCPA 12-02 - KELLY CORPORATE CENTER August 7, 2013 Page 4 . TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Noise To achieve noise compatibility between office and surrounding land uses. Existing conditions of approval of already approved SDP 97-25 et.al. includes noise mitigation measures (i.e. building improvements and notice to ovmers/tenants) to attenuate interior noise to an acceptable level (50dbA). Yes Public Safety Minimize noise and safety hazards within areas around the airport. The project is consistent with the ALUCP as discussed in Section "C" of the staff report, subject to implementation of already approved mitigation measures for SDP 97-25 et.al. Yes B. Office Zone The Planned Industrial, Qualified Development Overlay (P-M-Q) zoned portion of the property is proposed to be rezoned to Office (O). The existing Open Space zoned portion is not proposed to change. The proposed new Office Land Use designation would be compatible with and implemented by the new Office zoning designation therefore they are consistent. The Office zone permits professional offices and closely related commercial uses. A Qualified Development Overly Zone is not required as the Office Zone has a requirement that a Site Development Plan be processed for every project (CMC 21.27.040) in accordance with the provisions of the Qualified Development Overly Zone (CMC 21.06). C. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The ALUCP was adopted on March 4, 2010 and all projects within its boundary are required to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of airport impacts that must be considered for each development: Noise, Safety, Airspace Protection, and Overflight. Noise Compatibility The purpose of the noise compatibility policies are to avoid the establishment of new incompatible land uses and exposure of the users to levels of aircraft noise that can dismpt the activities involved. Noise compatibility is evaluated pursuant to the policies and noise contours as set forth in the ALUCP, Section 3.3 Noise Compatibility Policies for McClellan-Palomar Airport. References in this staff report v^ll be made to Table III-l and Exhibit III-2 of that Section which are incorporated herein by reference. Buildings within this project are located within two Noise Exposure Ranges: 60 - 65 dB CNEL and 65 - 70 dB CNEL pursuant to Exhibit III-l ofthe ALUCP. GPA 12-01/ZC 12-01/LCPA 12-02 - KELLY CORPORATE CENTER August 7, 2013 Page 5 The land use category for this site, for purposes of determining noise impacts, includes "office buildings and medical clinics." For the area of the project that is exposed to 60 - 65 dB CNEL, no special noise mitigation is required. For that portion of the site exposed to 65 - 70 dB CNEL, interior noise levels must be attenuated to 50dB CNEL. Standard constmction methods typically achieve an interior noise level of 50dB CNEL. Future projects would need to provide sound attenuation to meet this requirement. Additionally, pursuant to Section 2.11.5 of the ALUCP, an Avigation Easement is required for any project situated on a site lying within a projected 65dB CNEL noise contour. The Avigation Easement is required to be dedicated to the entity that owns the airport. With the prior project approvals of SDP 97-25, an Avigation easement has already been recorded with the County of San Diego against the property on November 9, 2000 by Document No. 2000-0609460. Staff has found that this project complies with all applicable noise policies ofthe ALUCP. Airspace Protection Compatibility The purpose of the Airspace Protection compatibility policies are to ensure that stmctures and other uses of the land do not cause hazards to aircraft in flight within the Airport vicinity. Hazards to flight include: Physical obstmctions to the navigable airspace; wildlife hazards such as bird strikes; and land uses that create visual or electronic interference with aircraft navigation or communication. The airspace protection policies of the ALUCP rely primarily upon regulations enacted by the FAA and the State of Califomia. Basically, the regulations require notification of the FAA of any proposed construction that could interfere with aircraft flight pattems. A component of a project containing any stmcture or objects that may exceed the height standards defined in the FAA's Part 77, Subpart C, must submit notification of the proposal to the FAA. This project is within the boundaries of the notification area pursuant to Exhibit III-3 of the ALUCP incorporated herein by reference. As such, any future development project will be conditioned such that an FAA notification and a non-hazard determination are provided prior to the issuance of a building permit. The applicant has provided a determination of no hazard to air navigation from the FAA for a 36 foot tall building that shows that the stmcture does not exceed obstmction standards and would not be a hazard to air navigation. Staff has determined that this project meets all requirements of the Airspace Protection policies ofthe ALUCP. Overflight Compatibility The purpose of the Overflight compatibility policies of the ALUCP are to help notify people about the presence of overflights near airports so that they can make an informed decision regarding acquisition or leasing of property, especially residential properties, in the affected area. The Overflight policies are contained in Section 3.6 and the Notification Area is depicted on Exhibit III-4 of the ALUCP. Although this project is within the Airport Overflight Notification Area, it is a non-residential development and the recordation of an overflight notification is not required. However, a notice conceming aircraft environmental impacts has been recorded against the property on July 20, 2000 as a condition of the prior project's approval. GPA 12-01/ZC 12-01/LCPA 12-02 - KELLY CORPORATE CENTER August 7, 2013 Page 6 : Safety Compatibility The purpose of the Safety compatibility policies are to minimize the risks of an off-airport aircraft accident or emergency landing to people and property on the ground close to the airport and to people on board an aircraft. Safety criteria relates primarily to "usage intensity" of people on a site as projected by a particular land use type. "Usage intensity" is defined as the maximum number of people per acre that can be in a given area at any one time. If a proposed use exceeds the maximum intensity, then it is considered inconsistent with the safety compatibility policies of the ALUCP. Six separate safety zones (Zones 1-6) are defined by the ALUCP. Each zone has maximum intensity levels for each zone. Zone 1 is the boimdary of the Runway Protection Zone (RPZ) and is the most restrictive of the safety zones. Increased intensity is permitted with each higher safety zone with Zone 6 being the least restrictive. Contained within Section 3.4 of the ALUCP and incorporated herein by reference are Table III- 2, Safety Compatibility Land Use Matrix, and Exhibit III-2, the Safety Compatibility Map. Exhibit III-2 depicts the safety zones for the land surrounding McClellan-Palomar Airport. Table III-2 is a matrix that sorts land uses by specific categories and defines maximum usage for each land use category by safety zone. The project site is contained within safety zones 4 and 6. The proposed uses for this project are defined by Table III-2 as "Office Buildings: professional services, doctors, financial, civic." The ALUCP identifies office and medical uses within Safety Zone 6 as compatible and within Safety Zone 4 as conditionally compatible with airport uses, provided that the people per acre is limited to 130 people. The method for determining usage intensity based on required parking standards are as follows. First, the parking space demand must be determined for the proposed land uses. For this project, the office building has a parking demand of 1 parking space per 200 square feet of gross floor area (which is the medical office parking standard per Section 21.44.020 of the Carlsbad Municipal Code). Next, a Vehicle Occupancy Ratio (average number of people per vehicle) is determined by using the guidelines provided in Appendix D of the ALUCP. An office use category has a projected Vehicle Occupancy range of 1.5 to 1.7 ayerage people per vehicle. Staff uses the more conservative value of 1.7 persons per vehicle. Once the parking demand and the vehicle occupancy ratio are defined, the usage intensity is determined within the safety zone to ensure compliance with the policies of the ALUCP. A measurement of usage intensity is shovm in Table C: TABLE C - PROJECT INTENSITY Airport Use Zone Use Gross Building Sq. Ft. Parking Ratio Parking Req'd People per Vehicle Ratio Total People Per Use Per zone Zone Acreage Calculated People Per Acre Allowed People Per Acre 4 Office 100,000 0.005 (1/200) 500 1.7 850 7.5 114 130 GPA 12-01/ZC 12-01/LCPA 12-02 - KELLY CORPORATE CENTER August 7, 2013 Page 7 Based on Required Parking Spaces methodology, this project complies with the safety criteria of usage intensity ofthe ALUCP since the calculated People/Acre (114) is less than the Allowed People/Acre (130). The intensity is assumed over the whole site. The southem portions of the building sites are located in Safety Zone 6 where there are no intensity restrictions. D. Commercial/Visitor-Serving Overlay Zone The project site is located within the Commercial/Visitor-Serving Overlay Zone. Because the property has been developed or approved for development with Office buildings, which are a permitted use within the proposed Office zone, the project is not subject to the provisions ofthe Overlay Zone. E. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone and the Coastal Resource Protection Overlay Zone The subject property is located in the Mello II Segment of the City's Local Coastal Program (LCP). The proposed LCPA is necessary to change the LCP Land Use designations from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS) and to change the LCP Zoning designations on the property fi"om Planned Industrial (PM) and Open Space (OS) to Office (O) and Open Space (OS). The proposed LCP Land Use and Zoning changes are consistent with the proposed General Plan Land Use and City Zoning designation changes. Otherwise, the policies of the Mello II Land Use Plan emphasize topics such as preservation of agricultural and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed LCP Land Use and Zoning changes to the project site from Planned Industrial (PI)/(PM) and Open Space (OS) to Office (O) and Open Space (OS) are consistent with the policies contained in the Land Use Plan for the Mello II Segment of the LCP. Since the previous project included preservation ofthe Encinas Creek area and associated habitat buffer area, no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur. The property was designated as coastal agricultural land and has paid the agricultural conversion mitigation fee with the original development of the project. The LCPA for this project was noticed for a State mandated six-week public notice of availability review period, from July 13, 2012 and ending on August 24, 2012. No comments were received during the comment period. The project is within the appeal jurisdiction of the Califomia Coastal Commission as it is with 100 feet of a wetland. Given the above, the proposed project is consistent with the Mello II Segment ofthe LCP. F. Local Facilities Management Plan Zone 5 A Local Facilities Management Plan (LFMP) has been previously prepared and adopted for Zone 5 pursuant to the requirements of the Growth Management Ordinance, Chapter 21.90 of the Municipal Code. The project will be in compliance with the required performance standards by satisfying the general and special conditions listed in the LFMZ plan. A portion of the project site was developed with a 50,000 square foot Office building. The potential increase in office space is 50,000 square feet with the development of the vacant pad. Facilities impacts are calculated the same between Industrial professional office and commercial office type uses. GPA 12-01/ZC 12-01/LCPA 12-02 - KELLY CORPORATE CENTER August 7, 2013 Page 8 except for traffic generation which is greater and for which a mitigation measure is required to be implemented. All required infrastmcture is currently in place or would be required to be constmcted with any fiiture project to be constmcted on this property. The facility demands of the build out of Local Facilities Management Zone 5 are based on a projection of future development vwthin the zone. No development is proposed at this time and project specific impacts will be analyzed with a subsequent project. The project site does have entitlements for a 50,000 professional office building and those impacts were analyzed during the review of SDP 97-25. Because the uses are very similar, staff does not anticipate any facilities impacts with the proposed land use change. V. ENVIRONMENTAL REVIEW Pursuant to the Califomia Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19 of the Carlsbad Municipal Code), staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the enyironment. The environmental impact assessment identified potentially significant impacts to greenhouse gasses and transportation and circulation from the development of the site with office land uses. Mitigation measures have been placed as conditions of approval for the project and will be implemented by the developer prior to the issuance of any future grading or building permits on the property such that all potentially significant impacts have been mitigated to below a level of significance. Consequentiy, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse for public agency review. Comment letters were received firom the Native Americans and Caltrans during the 30-day public review period from May 24, 2013 to June 25, 2013. ATTACHMENTS: 1. Planning Commission Resolution No. 6991 (MND) 2. Planning Commission Resolution No. 6992 (OPA) 3. Planning Commission Resolution No. 6993 (ZC) 4. Planning Commission Resolution No. 6994 (LCPA) 5. Location Map 6. Background Data Sheet 7. Disclosure Statement BACKGROUND DATA SHEET CASE NO: GPA 12-01/ZC 12-01/LCPA 12-02 CASE NAME: KELLY CORPORATE CENTER APPLICANT: The Allen Group REQUEST AND LOCATION: General Plan Amendment to change the General Plan Land Use from Planned Industrial (?D and Open Space (OS) to Office CO) and Open Space (OS), a Zone Change to change the zoning fi'om Planned Industrial. Ougdified Development Overlay Zone (P-M-0) and Open Space (0S\ to Office (O) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 60.000 square foot office building and vacant lot with approvals for another 60,000 square foot office building located at the southeast comer of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5 LEGAL DESCRIPTION: Parcels 1. 2 and 3 of Parcel Map No. 19207. in the City of Carlsbad. County of San Diego. State of Califomia, filed in the Office of the County Recorder of San Diego County. April 9, 2003 as file no. 2003-0402795 of Official Records APN: 212040-67. 68. and 69 Acres: Proposed No. of Lots/Units: 0 GENERAL PLAN AND ZONING Existing Land Use Designation: Planned Industrial (PD and Open Space (OS) Proposed Land Use Designation: Office (O) and Open Space (OS) Density Allowed: N/A Density Proposed: N/A Existing Zone: Plarmed Industrial, Oualified Development Overlay Zone (P-M-Q) and Open Space (OS) Proposed Zone: Office (O) and Open Space (OS) Surrounding Zoning, General Plan and Land Use: Site East West Zoning General Plan Current Land Use P-M-Q P-I Professional Office/Vacant pad/Open Space OS OS Golf Course/Open Space R-l-Q Residential Medium (RM) Residential Single Family P-M PI Professional Office P-M PI Professional Office LOCAL COASTAL PROGRAM Coastal Zone: ^ Yes Q No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: ^ Yes Q No Coastal Development Permit: Q Yes ^ No Local Coastal Program Amendment: ^ Yes Q No Existing LCP Land Use Designation: PI/OS Proposed LCP Land Use Designation: 0/OS Existing LCP Zone: P-M/OS Proposed LCP Zone: 0/OS Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT I I Categorical Exemption, Negative Declaration, issued May 20, 2013 I I Certified Environmental Impact Report, dated I I Other, Revised 01/06 ' ^ ^ GITY ®f CML^M) RIWMiilV'INiiMDA WdilyMii «wl WIS p0r[ m« \±/ Hie IsisMiib^ tf!i^^ ipiB|r to disdOBeii at lha Miiae of s^pi^teaiQii MdNn^. 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(A sepaiaii |i»a®a niay tea attaioiiiad if naoaasaFy ) Peroon GomUPati tie^l^rsC^+ p4y^^, ^iiieil pot flla </ ' PiHswida Ito MMiaJII?!. LESAL naaaaa aiMl addraaaas of paraona haior^ ai^ owviaial# liiitaisMt in tia ^ism^v^ invahd. Alao, pcovida Ito nalyro of tto legal owiiaif!al# ^.a., patitnanOiip, tanaata in ooaiiniaii, non-fioit, eoipoFalion, ^.). If tia ownai^ lnneMaa a istimsfa^. qf„^^Miaaiiali|^. in^uda Ito nannaa.. Uttaa. addii^aaa of s« liiMdiiiala ownMfi^ iton 1M of ttia dliiiwes. IT m ll!)l@l\^i©yALS mm mmi -wm mk ©F TNt ^fiiy^s^. PLEASE imnQAfE mm-pm^Ji^^mM ^ TNE ^AQE ^smjmi. If a iMife^^^^iiaiBad etiBaiaMima. iliioltida tto nffiviaa^ IHHett. and addfesaas of tto Gorpoisala oAteafv. (A aq^Mala paga nnay to a^MStod if naeasaary.) Addreaa 1m CUU iK6 tlm^)k^'^^ Page 1 of 2 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary ofthe. Non Proflt/Trust Non Profit/Trust Title Title Address Address Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes L^No If yes, please Indicate person(s): NOTE: Attach additional sheets If necessary. I certify thafall the above Information Is true and correct to thei)est of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicanf s agent p-1 (A) Page 2 of 2 Revised 07/10 "77 EXHIBIT 5 Planning Commission Minutes August 7,2013 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Siekmann asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 2. SDP 12-06/PUD 13-01/CUP 190fC) - COTTAGE ROW APARTMENTS - Request for the approval of a Conditional Use Permit amendment CUP 190(C) to rescind Conditional Use Permit CUP 190(B), and the approval of a Site Development Plan SDP 12-06 and Planned Development Permit PUD 13-01 to altow for the existing 24 apartment units to remain onsite and be made available for rent to the general public on property generally located at 1400 Flametree Lane in Local Facilities Management Zone 20. The project is exempt from the provisions of CEQA per the General Rule [CEQA Guidelines Section 15061(b)(3)]. 3. GPA 12-01/ZC 12-01/LCPA 12-02 - KELLY CORPORATE CENTER - Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 50,000 square foot office building and a vacant lot with approvals for another 50,000 square foot office building located at the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. Mr. Neu stated Agenda Items 2 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 a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Items 2 or 3. Chairperson Siekmann asked if any member of the audience wished to address Agenda Items 2 or 3. A gentleman stated he wished to speak on Agenda Item 2. Chairperson Siekmann pulled Agenda Item 2 from the consent items. Chairperson Siekmann opened and closed public testimony on Agenda Item 3. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission approve Agenda Item 3 including the errata sheet dated August 7, 2013. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. PROOF OF PUBLICATION (2010 & 2011 CCP.) This space is for the County Clerk's Filing Stamp 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 UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper 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: August 31"*, 2013 Proof of Publication of I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 03'^/dav^ptember, 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING ^NOTICE IS HEREBY GIVEN to you, because,your irt-Fterest may be affected, that the City. Council of thfe City of Carlsbad will hold a public hearing at the Coun-cil Chambers, 1200 Carlsbad Village Drive, Carlsba^, California, at 6:00 p.m. on Tuesday,.September 10, 2013, to con-sider adoption of a Mitigated Negative Declaration and a Miti-gation Monitoring and Reporting Program anci approval of a General Plan Amendment to change the Genera^ Plan Land Use designation from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS), a.Zone Change to change the zoning from Planned Industrial, Qual fied Development (DverIt-Zone (P-M-Q) and Open Space (OS), to Office (O) and OP-Space (OS) and a Local Coastal Progrgm^Amendment^on a acre site with an existing 50,000 square foot office building and; vacant lot with approvals for another 50,000 square foot offic buiiding located at the southeast corner ofP°}°]^°l'„^^l^' Road and Hidden Valley Road In Local Facilities Manageme Zone 5 and more particularly described as: Parcels 1, 2 and 3 of Parcel Map No. ^19207, jn the City of Carlsbad, Countv of San Diego, State^of California, filed in the Office of the County Recorder of San Diego County, April 9, 2003 as file no. 2003-0402795 of Official Records Whereas, on August 7, 2013 the City of Carlsbad Pl.anning Cori-mission voted 7-0 to recommend adoption of a Mitigated Negf: tive Declaration and a Mitigation Monitoring and Rejportins Program and recommend approval of a General Plan Amen* ment to Change the General Plan Land Use designation from Planned Industrial (PI) and Open Space (OS) to Office (0),arm Open Space (OS), a Zone Change to change the zoning froril Planned Industrial, Qualified Development Overlay Zon^ Q) and Open Space (OS), to Office (O) and Open Space (OS) a^ a Local Coastal Program Amendment on a 7.5 acre site with m existing 50,000 square foot office building and a vacant lot mm approvals for another 50,000 square foot office building locot^ at the southeast corner of Palomar Airport Roqd and Hidd«) Valley Road in Local Facilities Management Zone 5. r Those persons wishing to speak on this proposal are cordially i.i|-vited to attend the public hearing. Copies of the agenda biH wjl be available on and after September 6, 2013. If. you have ar^ questions, please contact Van Lynch in the Planning Division <|t (760) 602-4613 or van.lynch@carlsbadca.gov . ^ If you challenge the General Plan Amendment, Zone Chansg and/or Local Coastal Program Amendment in court, you may ^ limited to raising only those issues you or sonneqne else raised dt the public hearing described in this notice or m written corre-spondence delivered tothe City of Carlsbad, Attn: City Clerk^^ Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at 0r prior to the public hearing. J CASE FILE- GPA 12-01/ZC 12-01/LCPA 11-04 CASE NAME: KELLY CORPORATE CENTER CITY OF CARLSBAD/CITY COUNCIL PUb: 8/31/13 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, September 10, 2013, to consider adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (Pl) and Open Space (OS) to Office (O) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (0) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 50,000 square foot office building and a vacant lot with approvals for another 50,000 square foot office building located at the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5 and more particularly described as: Parcels 1, 2 and 3 of Parcel Map No. 19207, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 2003 as file no. 2003-0402795 of Official Records Whereas, on August 7, 2013 the City of Carlsbad Planning Commission voted 7-0 to recommend adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and recommend approval of a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (Pl) and Open Space (OS) to Office (O) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 50,000 square foot office building and a vacant lot with approvals for another 50,000 square foot office building located at the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. 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 September 6, 2013. If you have any questions, please contact Van Lynch in the Planning Division at (760) 602-4613 or van.lynch@carlsbadca.gov. If you challenge the General Plan Amendment, Zone Change and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 12-01/ZC 12-01/LCPA 11-04 CASE NAME: KELLY CORPORATE CENTER PUBLISH: August 31, 2013 CITY OF CARLSBAD/CITY COUNCIL N NOT TO SCALE SITE MAP Kelly Corporate Center GPA 12-01 /ZC 12-01 / LCPA 12-02 f I t I r I Hidn-dod (Moqaj d| jai^Aaj CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRia 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 ap suas • SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN I960 LA COSTA AV CARLSBAD CA 92009 CITYOF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 I ®09iS ®AM3AV iiJeqeS aj; ' J9|ed e saijDB^ SBI ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URB/ STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 310 5510 OVERU\NDAV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT UND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 :iTY OFCARLSBAD •UBLIC WORKS/ENGINEERING DEPT- ROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 I AaaAV-OD-008-l. i UiO^•^iaAe'MMM BARONA GROUP OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 r MjLdn-<iod pjoqaj a| jai^A^j j dp ui^e dini|3ei{ ej f zai|day BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 ap suas • f I I I ®09l.S ®AM3AV lueqeS aj zas BUSINESS, TRANS & HSG AGENCY 915 CAPITOL MALL #3508 SACRAMENTO CA 958144801 JOASTAL COMMISSION Sl 75751 ^EGOCA 92108 OA DEPT OF TRANSPORTATION DISTRICT 11 - DIVISION OF PWNNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET. MS-240 SANDIEGCCA 92110 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 DEPT OF DEFENSE LOS ANGELES DIST ENG POBOX 2711 LOS ANGELES CA 90053 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 DEPT OF ENERGY STE 400 611 RYAN PLZ DR ARLINGTON TX 760114005 COUNTYOF SD SUPERVISOR RM 335 1600 PACIFIC SANDIEGCCA 92101 DEPT OF FISH & GAME ENV SERV DIV POBOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 N ST SACRAMENTO CA 95814 DEPT OF JUSTICE DEPT OF ATTY GEN RM 700 110 WEST A ST SAN DIEGO CA 92101 DEPT OF FORESTRY ENVCOORD POBOX 944246 SACRAMENTO CA 942442460 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE. 811 LOS ANGELES CA 90017 FEDERAL ENERGY REGULATORY COMMISSION 1001ST ST, STE 2300 SAN FRANCISCO CA 941053084 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 UMPSON AVE LOS ALAMITOS CA 907205139 SANDAG MECJOR STEW 1ST INI^ir^Of SlEGOCA 92101 STATE LANDS COMMISSION STE 1005 100 HOWEAV SACRAMENTO CA 958258202 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SCtfOUNTY PL^II||||g& STE31( 5^f0^RlAHD AVE SANDIEGCCA 921231239 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL17 SAN FRANCISCO CA 94103 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SDGE 8315 CENTURY PARK CT SANDIEGCCA 92123 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECUU CA 92590 US FISH&WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 f iM^fipa dn-doj asodxa ..... e jaded psdi AM3AV-OD-d08-|. UiosvUaAe'MMM I widn-dod pjoqaj a| jai^A^j j ep «!|B ajni|3ei| B zaiidau )uaiU36jeq3 ap suas • ®09I.S ®Ad3AV iueqeS a| zas 4a|ad e saipej, sawar WATER RESOURCES CONTROL BOARD POBOX 100 SACRAMENTO CA 95801 f »i96p3 dn-dod dsodxa { Aa3AV-OD-008-|. I midn-dod pjoqaj a| jaiaAaj juauia6jBqD f I ap UIJ.B ajni|3ei| B| B zai|dat{ ^"^^ ' ®09I.S @Ail3AV IMeqeB a| za ja|9d B sd|pB^ sawe CURRENT RESIDENT 1 LEGOLAND DR CARLSBAD, CA 92008-4610 CURRENT RESIDENT 6010 HIDDEN VALLEY RD CARLSBAD, CA 92011-4213 CURRENT RESIDENT 1000 AVIARA DR CARLSBAD, CA 92011-4218 CURRENT RESIDENT 6421 TOPMAST DR CARLSBAD, CA 92011-1253 CURRENT RESIDENT 6417 TOPMAST DR CARLSBAD, CA 92011-1253 CURRENT RESIDENT 6413 TOPMAST DR CARLSBAD, CA 92011-1253 CURRENT RESIDENT 6409 TOPMAST DR CARLSBAD, CA 92011-1253 CURRENT RESIDENT 6405 TOPMAST DR CARLSBAD, CA 92011-1253 CURRENT RESIDENT 6406 TOPMAST DR CARLSBAD, CA 92011-1264 CURRENT RESIDENT 6410 TOPMAST DR CARLSBAD, CA 92011-1264 CURRENT RESIDENT 6405 EBB TIDE ST CARLSBAD, CA 92011-1263 CURRENT RESIDENT 6401 EBB TIDE ST CARLSBAD, CA 92011-1263 CURRENT RESIDENT 1213 BOWSPRIT WAY CARLSBAD, CA 92011-1259 CURRENT RESIDENT 1209 BOWSPRIT WAY CARLSBAD, CA 92011-1259 CURRENT RESIDENT 1205 BOWSPRIT WAY CARLSBAD, CA 92011-1259 CURRENT RESIDENT 1201 BOWSPRIT WAY CARLSBAD, CA 92011-1259 CURRENT RESIDENT 6414 TOPMAST DR CARLSBAD, CA 92011-1255 CURRENT RESIDENT 6418 TOPMAST DR CARLSBAD, CA 92011-1255 CURRENT RESIDENT 1200 SPAR CT CARLSBAD, CA 92011-2500 CURRENT RESIDENT 1204 SPAR CT CARLSBAD, CA 92011-2500 CURRENT RESIDENT 1208 SPAR CT CARLSBAD, CA 92011-2500 CURRENT RESIDENT 1212 SPAR CT CARLSBAD, CA 92011-2500 CURRENT RESIDENT 1216 SPAR CT CARLSBAD, CA 92011-2500 CURRENT RESIDENT 6429 TOPMAST DR CARLSBAD, CA 92011-1265 CURRENT RESIDENT 6425 TOPMAST DR CARLSBAD, CA 92011-1265 f wia6p3 dn-dow asodva i CURRENT RESIDENT 6401 TOPMAST DR CARLSBAD, CA 92011-1253 AM3AV-O9-008-L uio3-/jaAe-/\AM/vv I wxdn-dod pJoqaj a| jafaAaj I ep uj^B ajni|3Bii B( B zaiiday :(uauia6jBi|3 ap suas T ®09I.S @Aa3AV IMBqaB a| z€ ja|9d B sd|pB| sawe CURRENT RESIDENT 6397 TOPMAST DR CARLSBAD, CA 92011-1257 CURRENT RESIDENT 6370 TOPMAST DR CARLSBAD, CA 92011-1256 CURRENT RESIDENT 6374 TOPMAST DR CARLSBAD, CA 92011-1256 CURRENT RESIDENT 6378 TOPMAST DR CARLSBAD, CA 92011-1256 CURRENT RESIDENT 63 82 TOPMAST DR CARLSBAD, CA 92011-1256 CURRENT RESIDENT 6386 TOPMAST DR CARLSBAD, CA 92011-1256 CURRENT RESIDENT 6390 TOPMAST DR CARLSBAD, CA 92011-1256 CURRENT RESIDENT 6394 TOPMAST DR CARLSBAD, CA 92011-1256 CURRENT RESIDENT 6398 TOPMAST DR CARLSBAD, CA 92011-1256 CURRENT RESIDENT 6402 TOPMAST DR CARLSBTU^, CA 92011-1264 CURRENT RESIDENT 6397 EBB TIDE ST CARLSBAD, CA 92011-1261 CURRENT RESIDENT 6393 EBB TIDE ST CARLSBAD, CA 92011-1261 CURRENT RESIDENT 63 89 EBB TIDE ST CARLSBAD, CA 92011-1261 CURRENT RESIDENT 63 85 EBB TIDE ST CARLSBAD, CA 92011-1261 CURRENT RESIDENT 6381 EBB TIDE ST CARLSBAD, CA 92011-1261 CURRENT RESIDENT 6377 EBB TIDE ST CARLSBAD, CA 92011-1261 46 Printed *** .a6D3 dn-rinj Easy Peel® Labels Use Avery® Template 5160® j Feed Paper Bend along line to { expose Pop-up Edge™ ' LEGOLAND CALIFORNIA L L C LF PO BOX 543185 DALLAS, TX 75354-3185 AVERY® 516( JONATHAN C & JANET WOODS 5103 ANETTA DR MIDLAND, TX 79703-6700 JAMES S UKEGAWA 4218 SKYLINE RD CARLSBAD, CA 92008-3 642 KELLY CORPORATE CENTER ALL 6005 HIDDEN VALLEY RD 150 CARLSBAD, CA 92011-4228 JOHN W & KATHLEEN PROVINE 1096 GOLDENEYE VW CARLSBAD, CA 92011-1226 RAY A & MARITES PILI 1092 GOLDENEYE VW CARLSBAD, CA 92011-1226 HEENE FAMILY 1088 GOLDENEYE VW CARLSBAD, CA 92011-1226 2010 SCHEIDECKER 1084 GOLDENEYE VW CARLSBAD, CA 92011-1226 DEBRAH L BEEKMAN 1080 GOLDENEYE VW CARLSBAD, CA 92011-1226 CATHEY L GREENFIELD 1076 GOLDENEYE VW CARLSBAD, CA 92011-1226 JEFF & AMY BENSON 1072 GOLDENEYE VW CARLSBAD, CA 92011-1226 1226 DENNIS 1064 GOLDENEYE VW CARLSBAD, CA 92011-1226 MICHAEL B & MARY ODONNELL 6454 MERLIN DR CARLSBAD, CA 92011-1211 MARK Sc LYNN ERWIN 1062 GOLDENEYE VW CARLSBAD, CA 92011-1224 ADAM S & JENNIFER GOLDSTEIN 1060 GOLDENEYE VW CARLSBAD, CA 92011-1224 LARRY & AILENE TANG 1053 GOLDENEYE VW CARLSBAD, CA 92011-1225 STEVEN P DELANEY 1057 GOLDENEYE VW CARLSBAD, CA 92011-1225 MATTHEW R & BETH DRISCOLL 1061 GOLDENEYE VW CARLSBAD, CA 92011-1225 LEWINGER 1065 GOLDENEYE VW CARLSBAD, CA 92011-1225 JAMES F BUTZ 1069 GOLDENEYE VW CARLSBAD, CA 92011-1225 DECEDENTS SCHERER 1073 GOLDENEYE VW CARLSBAD, CA 92011-1225 ALAN M Sc MEGAN NORDIN 1077 GOLDENEYE VW CARLSBAD, CA 92011-1225 OMORI 1081 GOLDENEYE VW CARLSBAD, CA 92011-1225 JERRY BRUCKS 1085 GOLDENEYE VW CARLSBAD, CA 92011-1225 HELENE TIN 6488 KITE PL CARLSBAD, CA 92011-1210 Etiquettes facHes d peter Reniloy a la harhiira afin #la I I Easy Peel® Ubels Use Avery® Template 5160® • Feed Paper Bend along line to > expose Pop-up Edge™ J AVERY® 516C GREGG J BLUNDELL 6484 KITE PL CARLSBAD, CA 92011-1210 QUINTANA 6482 KITE PL CARLSBAD, CA 92011-1210 KEVIN M Sc EMILY BACA 6483 KITE PL CARLSBAD, CA 92011-1210 DAVID ZHENG 1054 TURNSTONE RD CARLSBAD, CA 92011-1220 HERBERT STONE 1050 TURNSTONE RD CARLSBAD, CA 92011-1220 HALL *B* 6450 MERLIN DR CARLSBAD, CA 92011-1211 GEORGE Sc MADELINE BRDLI *B* 6442 MERLIN DR CARLSBAD, CA 92011-1211 CRAWFORD 6438 MERLIN DR CARLSBAD, CA 92011-1211 GERARD H & FRANKYE FILTEAU 6432 MERLIN DR CARLSBAD, CA 92011-1211 SCOTT J Sc MAUREEN KUBE 6426 MERLIN DR CARLSBAD, CA 92011-1211 KIM K Sc LENORE TRIGONIS 6420 MERLIN DR CARLSBAD, CA 92011-1211 TODD Sc HOLKO 6416 MERLIN DR CARLSBAD, CA 92011-1211 WILLIAM A Sc TRACY ARSENAULT 6412 MERLIN DR CARLSBAD, CA 92011-1211 JEFFREY S Sc KARI TONTINI 6408 MERLIN DR CARLSBAD, CA 92011-1211 MARK Sc TAMMY HUS SIN 6404 MERLIN DR CARLSBAD, CA 92011-1211 CHRIS DONG 6400 MERLIN DR CARLSBAD, CA 92011-1211 BODDEN 6403 MERLIN DR CARLSBAD, CA 92011-1212 MARK 0 Sc CATHERINE PICTON 6407 MERLIN DR CARLSBAD, CA 92011-1212 ALLEN Sc DEBORAH RIVERS 6411 MERLIN DR CARLSBAD, CA 92 011-1212 RAGLAND 6415 MERLIN DR CARLSBAD, CA 92011-1212 JAMES M Sc KAITLIN SMALLWOOD 6419 MERLIN DR CARLSBAD, CA 92011-1212 BELLINGER 6423 MERLIN DR CARLSBAD, CA 92011-1212 JEFFREY B Sc MARY YEAROUS 6427 MERLIN DR CARLSBAD, CA 92011-1212 HAROLD Sc JOAN GAMBILL 6431 MERLIN DR CARLSBAD, CA 92011-1212 THOMAS H & S BLOOMQUIST 643 5 MERLIN DR CARLSBAD, CA 92011-1212 DENISE FULKERSON 6443 MERLIN DR CARLSBAD, CA 92011-1212 JOE MILLER 1054 SNIPE CT CARLSBAD, CA 92011-1214 ROBERT O Sc LINDA SANDERS 1050 SNIPE CT CARLSBAD, CA 92011-1214 PATRICK J Sc SUSAN DILLON 1055 SNIPE CT CARLSBAD, CA 92011-1214 RONALD J & MARIE CHRISTOPHEI 1059 SNIPE CT CARLSBAD, CA 92011-1214 Etiquettes faciles h peler Reoliez k la hachure afin de ! Easy Peel® Labels Use Avery® Template 5160® • Feed Paper Bend along line to { expose Pop-up Edge™ j AVERY® 5160® THOMAS Sc HEATHER FRINCKE 6451 MERLIN DR CARLSBAD, CA 92011-1213 REMINGTON 6455 MERLIN DR CARLSBAD, CA 92011-1213 DAVID NORDQUIST 6421 TOPMAST DR CARLSBAD, CA 92011-1253 J E Sc L SOUNART *B* 6417 TOPMAST DR CARLSBAD, CA 92011-1253 RESH ZEMENICK 6413 TOPMAST DR CARLSBAD, CA 92011-1253 OK DAHl^i^PRISC 6409 ^ CA^HfeAD, CA 921 ALOK TOMAR 6405 TOPMAST DR CARLSBAD, CA 92011-1253 ASHOK K Sc ANJANA KATYAL 6406 TOPMAST DR CARLSBAD, CA 92011-1264 CHRISTOPHER K BUSCH 6410 TOPMAST DR CARLSBAD, CA 92011-1264 MARGARET E SKIBA 6405 EBB TIDE ST CARLSBAD, CA 92011-1263 CELESTINO J Sc CHRISTINE GAETi 6401 EBB TIDE ST CARLSBAD, CA 92011-1263 DEAN Sc LINDA SAUER 1213 BOWSPRIT WAY CARLSBAD, CA 92011-1259 SUZANNE MARTZ 1209 BOWSPRIT WAY CARLSBAD, CA 92011-1259 JAMES M Sc CAROL SEMAN 1205 BOWSPRIT WAY CARLSBAD, CA 92011-1259 LAURIE BATTER 1201 BOWSPRIT WAY CARLSBAD, CA 92011-1259 STEVEN V Sc CATHERINE BOWEN 6414 TOPMAST DR CARLSBAD, CA 92011-1255 JOHN T Sc JEAN KIM 6418 TOPMAST DR CARLSBAD, CA 92011-1255 CARLOS R Sc LINDA CHONG 1200 SPAR CT CARLSBAD, CA 92011-2500 ITZHAKI 1204 SPAR CT CARLSBAD, CA 92011-2500 SMUTZ 1208 SPAR CT CARLSBAD, CA 92011-2500 GRAF 1212 SPAR CT CARLSBAD, CA 92011-2500 HECKER 1216 SPAR CT CARLSBAD, CA 92011-2500 RANDAL W JOE 6429 TOPMAST DR CARLSBAD, CA 92011-1265 GARY LEAF 6425 TOPMAST DR CARLSBAD, CA 92011-1265 TRACY K SIDDALL 6401 TOPMAST DR CARLSBAD, CA 92011-1253 SURREY 6397 TOPMAST DR CARLSBAD, CA 92011-1257 DARYL R Sc RAQUEL BI BENS 6370 TOPMAST DR CARLSBAD, CA 92011-1256 ROSA 637 8 TOPMAST DR CARLSBAD, CA 92011-1256 JAMES Sc D BABCOCK 63 82 TOPMAST DR CARLSBAD, CA 92011-1256 C DYMOTT 6390 TOPMAST DR CARLSBAD, CA 92011-1256 Etiauettes faciles a neler Repliez h la hadiure afin de | vwvw.avery.com Easy Peel® Ubels Use Avery® Template 5160® I i i I • Feed Paper Bend along line to > expose Pop-up Edge™ j AVERY® 5160<^ DEBONT 63 94 TOPMAST DR CARLSBAD, CA 92011-1256 MARK Sc PATRICIA HAARER 6398 TOPMAST DR CARLSBAD, CA 92011-1256 TIMOTHY C Sc VICKI DURIE 6402 TOPMAST DR CARLSBAD, CA 92011-1264 JOAN H CHINN 63 97 EBB TIDE ST CARLSBAD, CA 92011-1261 HALL *M* 6393 EBB TIDE ST CARLSBAD, CA 92011-1261 HONG Sc EUNICE JEON 63 89 EBB TIDE ST CARLSBAD, CA 92011-1261 PHARES 6385 EBB TIDE ST CARLSBAD, CA 92011-1261 DAVID S Sc LAURA ZENOR 63 81 EBB TIDE ST CARLSBAD, CA 92011-1261 HERBERT HIRSHFIELD PO BOX 131450 CARLSBAD, CA 92013-1450 BRENNAN PO BOX 2663 CARLSBAD, CA 92018-2663 SALTAIRE AT CARLSBAD HOMEOV 2146 ENCINITAS BLVD 102 ENCINITAS, CA 92024-4371 KELLYJRM-PALOMAR AIRPORT ROAI 33 0 ENCINITAS BLVD 201 ENCINITAS, CA 92024-8705 CHERRY Sc REX MIYAKE PO BOX 33 88 RANCHO SANTA , CA 92067-3388 SEABRIGHT CARLSBAD HOMEOWNE 438 CAMINO DEL RIO 112B SAN DIEGO, CA 92108-3546 KELLY CORPORATE CENTER ALL 533 0 CARROLL CANYON RD 200 SAN DIEGO, CA 92121-3758 KELLY CORPORATE CENTER LLC T. 5330 CARROLL CANYON RD 200 SAN DIEGO, CA 92121-3758 KUEMMERLE 43 851 VIA MONTALBAN TEMECULA, CA 92592-3983 COTTAGE ROW CARLSBAD LLC PO BOX 2194 NEWPORT BEACH, CA 92659-1194 iWNI WALTON OF GREENLAW KELLY CC 4440 VON KARMAN AVE 350 NEWPORT BEACH, CA 92660-208 DALY 4016 CALLE ISABELLA SAN CLEMENTE, CA 92672-4508 *** 112 Printed *** Etiquettes faciles a peler I Renliay h la harhiim afin ria ! Kelly Corporate Center GPA 12-01/ZC 12-01/LCPA 12-02 Location Map General Plan Amendment Zone Change Airport Safety Zones Airport Safety Zones Airport Noise Contours 60 65 70 Airport Noise Contours Mitigated Negative Declaration •Greenhouse Gas Emissions •Cultural Resources •Noise •Traffic –Palomar Airport Road and Paseo Del Norte Recommendation City Council introduce Ordinance CS-228 (ZC 12-01) and City Council adopt Resolution 2013- 228 (GPA 12 -01 and LCPA 12-02)