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HomeMy WebLinkAbout2023-05-16; City Council; ; An Appeal of a Planning Commission Decision to Approve a Site Development Plan for a 164,833 Square-Foot Research and Development Building in the Carlsbad Oaks North BusiCA Review _RK_ Meeting Date: May 16, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Eric Lardy, City Planner eric.lardy@carlsbadca.gov, 442-339-2712 Subject: An Appeal of a Planning Commission Decision to Approve a Site Development Plan for a 164,833 Square-Foot Research and Development Building in the Carlsbad Oaks North Business Park District: 2 Recommended Action Hold a public hearing and: 1.Adopt a resolution denying the appeal and upholding a decision of the Planning Commission to approve a site development plan for the development of a 164,833 square-foot, 48-foot-tall research and development building, a 21-foot tall, three-level parking structure and a pedestrian bridge across Whiptail Loop for IONIS Pharmaceuticals, located on a 8.37-acre vacant site, on the north side of Whiptail Loop, comprising Lots 21 and 22 (Assessor Parcel Numbers 209-120-23-00 and 209-120-24-00 and within local Facilities Management Zone 16) of the Carlsbad Oaks North Specific Plan, SP 211(C) Executive Summary The City Council is being asked to deny an appeal and uphold a ruling by the Planning Commission. The Planning Commission conducted a public hearing on March 1, 2023, to review and approve discretionary actions for the following project: •A research and development building (164,833-square-foot & 48-foot-tall) •326 surface parking stalls and 100 stalls in a three-level parking structure (21-foot tall) •Pedestrian bridge that spans across Whiptail Loop. The development is proposed on a vacant 8.37-acre site within the Carlsbad Oaks North Specific Plan on the north side of Whiptail Loop. The Planning Commission voted 4-0, (with Commissioners Lafferty and Stine absent and one vacancy) to approve the site development plan for the project. The decision included an environmental finding that the potential environmental effects of the project were adequately analyzed as part of Program Environmental Impact Report 98-08, which was prepared for the Carlsbad Oaks North Specific Plan 211 and approved by the City Council (Exhibit 7). May 16, 2023 Item #5 Page 1 of 48 An appeal was filed on March 13, 2023, by the Supporters Alliance for Environmental Responsibility. As outlined in Carlsbad Municipal Code Chapter 21.54, an appeal of a Planning Commission decision shall be presented to the City Council, which may affirm, modify or reverse the decision of the Planning Commission as supported by substantial evidence as it deems appropriate. Staff recommend that the appeal be denied and the Planning Commission’s decision to approve the project be upheld for the reasons explained below. Explanation & Analysis Background The proposed project is for a 414-acre planned industrial development in the northeast quadrant of the city consisting of office and light industrial uses, as well as an assisted living community. The project applicant, IONIS Pharmaceuticals, currently occupies two buildings within the Oaks North Business Park. The Carlsbad Oaks North Specific Plan and associated environmental impact report established requirements and regulations for industrial lots surrounded by open space and established mitigation measures and conditions for development within the site. The property is designated planned industrial in the General Plan and the Zoning Ordinance. In the Carlsbad Oaks North Specific Plan, a minor site development plan is required for light industrial buildings up to 35 feet in height. If the building exceeds 45 feet, a site development plan with approval by the Planning Commission is required as stated in Carlsbad Municipal Code Chapter 21.06. (Refer to the Planning Commission Staff Report, dated March 1, 2023, Exhibit 2, for additional information on the project’s scope, scale and design.) Issues cited in appeal The appeal was filed on March 13, 2023, by Lozeau Drury LLP on behalf of the Supporters Alliance for Environmental Responsibility (Exhibit 3). Carlsbad Municipal Code 21.54.140 outlines the procedures for appeal of a Planning Commission decision and requires applicants to file such an appeal within 10 calendar days of the action. Due to the 10-day appeal date falling on a weekend, the appeal was determined timely and accepted. A notice of determination was filed with the County Clerk on March 9, 2023 (Exhibit 4). The appeal states: The Planning Commission violated the California Environmental Quality Act (“CEQA”) by finding that the Project is within the scope of the 2002 Carlsbad Oaks North Specific Plan EIR and that the CEQA requires no further environmental analysis or documentation for the project. Rather, new information available since 2002 demonstrates that the project will have impacts not considered in the 2002 EIR and that mitigation measures for the Project’s impacts that were unavailable/ infeasible in 2002 are now feasible. Therefore, the City Must prepare an EIR or negative declaration for the project. City staff and the City Attorney’s Office disagree with the appellant’s premise. The California Environmental Quality Act is implemented in both state law as well as guidelines adopted by the Secretary for the California Natural Resources Agency. State law, through Public Resources Code Section 21166, establishes rules for when a city can require additional environmental documents, such as a new environmental impact report, and cannot require one be prepared May 16, 2023 Item #5 Page 2 of 48 unless substantial changes to the project, circumstances in which the project is being undertaken, or if new information is available. Section 15162 in the CEQA guidelines sets forth findings that should be used if an environmental impact report has been prepared for this project or a subsequent project, and Section 15168 sets forth the methodology to use a program environmental impact report for private development projects. The Planning Commission’s decision to approve findings relying upon the previous environmental impact report was documented with a checklist that evaluated all CEQA topic areas and applicable mitigation measures to the project and is included as an exhibit to the Planning Commission staff report attached as Exhibit 2. None of the standards included in these state guidelines limit or restrict a city’s ability to rely on a certified environmental impact report due to the age of the document. The appeal does not raise any specific issues related to the standards of when a new environmental impact report could be required. Further, there is no evidence that there are any changes to the project or circumstances, and no new information was presented during the Planning Commission’s review and public hearing, or with the filed appeal. The Community Development Department therefore recommends that the appeal be denied and the decision to approve the project be upheld. Standard of review for appeals The City Council is being asked to consider an appeal of an approval of the site development plan and a determination that Program Environmental Impact Report 98-08 of the Carlsbad Oaks North Specific Plan 211 is adequate without modification and that no additional environmental review is required. Carlsbad Municipal Code Section 21.54.150(c) outlines the procedures for appeals of Planning Commission decisions and the city planner’s CEQA determinations and states: Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the planning commission in that the decision was not supported by the facts presented to the planning commission prior to the decision being appealed; or that there was not a fair and impartial hearing. Section 21.54.150(c) goes on to state that the City Council’s consideration is “de novo” (that is, “like new”) but limits the consideration to “only the evidence presented to the Planning Commission for consideration in the determination or decision being appealed.” That means the City Council’s consideration on the appeal is confined to only the issues presented to the Planning Commission that were also raised in the appeal. Any matters that were presented to the Planning Commission but that were not specified in the appeal are considered to have been approved correctly and supported by substantial evidence. None of the public record submitted to the Planning Commission or in the submitted written appeal provide any documentation that the grounds for an appeal as outlined in the Carlsbad Municipal Code have been met. May 16, 2023 Item #5 Page 3 of 48 The City Council may uphold, modify or overturn the Planning Commission’s and the city planner’s decision. To overturn the appeal, Carlsbad Municipal Code Section 21.54.150 requires the City Council to make written findings supporting the grounds for appeal, which are limited to the following: “… that there was an error or abuse of discretion on the part of the planning commission in that the decision was not supported by the facts presented to the planning commission prior to the decision being appealed; or that there was not a fair and impartial hearing.” The decision of the City Council on this matter is final. Community Engagement The proposed project is subject to City Council Policy No. 84, Development Project Public Involvement Policy. An enhanced stakeholder outreach meeting was held by the applicant at the site on July 6, 2022. No members of the public attended the meeting and no comment letters were received by the city or the applicant at that time. The Planning Commission hearing on March 1, 2023, was a noticed public hearing and subject to the Brown Act, the state’s open meeting law. Staff published the notice for this requirement in the San Diego Union Tribune and on the city’s website on February 17, 2023. No public testimony was provided at the hearing. Two letters were received; one from the preserve manager of the Center for Natural Lands Management, who commented on the impacts to the development adjacent to the habitat preserve, and one from the Supporters Alliance for Environmental Responsibility, who questioned the on the adequacy of the environmental analysis. Neither commentor attended the hearing. These letters are included as Exhibit 4, which also includes a letter the project’s applicant sent the city in response to the appeal. Mitigation measures included in Program Environmental Impact Report 98-08 for the Carlsbad Oaks North Specific Plan reduce edge effects, or impacts, of the properties adjacent to the preserve. These mitigation measures apply to all projects in the plan area and include use of low-pressure sodium lamps as well as fencing and signage to reduce intrusion into the open space areas. Staff published a notice of public hearing in the San Diego Union Tribune and on the city’s website on May 6, 2023. Fiscal Analysis There is no direct fiscal impact from this item. Options Staff recommend the City Council deny the appeal and uphold the decision. The City Council may uphold, modify, or overturn the Planning Commission’s and the city planner’s decision. However, that decision must be based upon evidence that was provided to the Planning Commission and raised in the appeal. May 16, 2023 Item #5 Page 4 of 48 Next Steps If the City Council denies the appeal, approving the project, the decision is final. Staff will work with the applicant to implement all project conditions and mitigation measures in the Environmental Impact Report for the Carlsbad Oaks North Specific Plan. The applicant will be required to finalize ministerial actions, such as building permit, grading permit, and landscape plan review and can proceed with construction was all permits are issued. Environmental Evaluation In accordance with the California Environmental Quality Act guidelines, Program Environmental Impact Report 98-08 for the Carlsbad Oaks North Specific Plan (Planning Case Nos. EIR 98- 08/GPA 97-05/ZC 97-05/SP 211/LFMP 89-16(A)/CT 97-13/HDP 97-10/PIP 02-02/SUP 97-07), State Clearinghouse No. 2000051057 (Exhibit 6), was certified as complete by the City Council on October 8, 2002 (Exhibit 7 - City Council Resolution No. 2002-298). When taking subsequent discretionary actions for which a program environmental impact report has been certified, the lead agency is required to determine if subsequent activities are within the scope of the prior environmental analysis and/or review any changed circumstances or new information to determine whether any of the circumstances in CEQA Guidelines sections 15162 and 15168 require additional environmental review. The program EIR for Specific Plan 211 evaluated all land development anticipated through the application of policies and regulations, and as logical parts of a long-term plan. In keeping with CEQA Guidelines sections 15162 and 15168, the request to construct a 164,833-square-foot, 48-foot-tall light industrial building, three-story parking structure and bridge across Whiptail Loop is within the scope of the of the previously certified program EIR. The project would not result in new or more severe impacts beyond those addressed in the final program EIR and would not meet any other standards requiring further environmental review pursuant to state guidelines Sections 15162 and 15168. No further analysis, public review or environmental documentation is required. Please see Exhibit 6 for additional information. Exhibits 1. City Council resolution 2. March 1, 2023, Planning Commission Staff Report (on file in the Office of the City Clerk) 3. Appeal 4. Correspondence received 5. California Environmental Quality Act notice of determination 6. Environmental Impact Report 98-08 (on file in the Office of the City Clerk) 7. City Council Resolution 2002-298 approving Environmental Impact Report 98-08 May 16, 2023 Item #5 Page 5 of 48 RESOLUTION NO. 2023-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING A DECISION OF THE PLANNING COMMISSION TO APPROVE A SITE DEVELOPMENT PLAN FOR THE DEVELOPMENT OF A 164,833-SQUARE-FOOT, 48-FOOT-TALL RESEARCH AND DEVELOPMENT BUILDING, A 21-FOOT-TALL, THREE-LEVEL PARKING STRUCTURE AND A PEDESTRIAN BRIDGE ACROSS WHIPTAIL LOOP FOR IONIS PHARMACEUTICALS, LOCATED ON A 8.37-ACRE VACANT SITE, ON THE NORTH SIDE OF WHIPTAIL LOOP, COMPRISING LOTS 21 AND 22 (ASSESSOR PARCEL NUMBERS 209-120-23-00 AND 209-120-24-00 AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 16) OF THE CARLSBAD OAKS NORTH SPECIFIC PLAN, SP 211(() WHEREAS, the City Council of the City of Carlsbad, California has determined that IONIS Pharmaceuticals, Inc., "Applicant/Owner," has filed a verified application with the City of Carlsbad described as: LOTS 21 AND 22 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP THEREOF NO. 16145, RECORDED AS DOCUMENT NO. 2016-7000438, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016. ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) "A" -"Ill" dated March 1, 2023, on file in the Planning Division, SDP 2021-0029 (DEV2021- 0141) -IONIS LOTS 21 & 22, as provided by Chapters 21.06, 21.34, 21.44 and Title 20 of the Carlsbad Municipal Code and the Carlsbad Oaks North Specific Plan SP 211((); and WHEREAS, the Planning Commission did, on March 1, 2023, hold a duly noticed public hearing as prescribed by law to consider the applicant's request and adopted Planning Commission Resolution 7472;and WHEREAS, at said hearing the Planning Commission voted 4-0, with two Commissioners Absent and one vacancy, to approve the site development plan application for the project; and WHEREAS, on March 13, 2023, the appellant, Lozeau Drury, LLP on behalf of the Supporters Alliance for Environmental Responsibility, timely filed an appeal with the city as provided in accordance with Chapter 21.54 of the Carlsbad Municipal Code; and Exhibit 1 May 16, 2023 Item #5 Page 6 of 48 WHEREAS, Program Environmental Impact Report EIR 98-08, State Clearinghouse No. 2000051057 (Planning Case Nos. EIR 98-08/GPA 97-05/ZC 97-05/SP 211/LFMP 89-16(A)/CT 97-13/HDP 97-10/PIP 02-02/SUP 97-07), was prepared and the City Council certified it on Oct. 8, 2002, for the Carlsbad Oaks North Specific Plan SP 211; and WHEREAS, Pursuant to the California Environmental Quality Act, (CEOA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the CEOA Guidelines), sections 15162 through 15164 set forth the criteria for determining the appropriate additional environmental documentation, if any, to be completed when there is a previously-certified environmental impact report (EIR) covering the project for which a subsequent discretionary action is required; and WHEREAS, there is no "new information of substantial importance" in keeping with CEOA Guidelines Section 15162(a)(3), and the potential environmental effects of the project were adequately analyzed by the previously-certified Program Environmental Impact Report EIR 98-08 for the Carlsbad Oaks North Specific Plan SP 211 (City Council Resolution No. 2002-298), Therefore, the previously­ certified EIR is adequate without modification and no additional environmental review is required; and WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider the appeal of the Planning Commission's decision to approve the project's site development plan; 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 relating to the appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the appeal of the Planning Commission's decision is denied, that all other matters not specified in the appeal have been supported by substantial evidence with findings and approved by the Planning Commission, and that the findings and conditions contained in Planning Commission No. 7472 on file in the Office of the City Clerk and incorporated herein by reference and as "Attachment A", are the findings and conditions of the City Council. 3.That this action is the final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply. May 16, 2023 Item #5 Page 7 of 48 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of May, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor L,sHERRY �erk �-- ( SEAL) May 16, 2023 Item #5 Page 8 of 48 l A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN FOR THE DEVELOPMENT OF A 164,833-SQUARE-FOOT, 48-FOOT-TALL RESEARCH AND DEVELOPMENT BUILDING, A 21-FOOT-TALL, THREE- LEVEL PARKING STRUCTURE AND A PEDESTRIAN BRIDGE ACROSS WHIPTAIL LOOP. THE VACANT 8.37-ACRE SITE COMPRISES LOTS 21 AND 22 OF THE CARLSBAD OAKS NORTH SPECIFIC PLAN SP 211(C), ON THE NORTH SIDE OF WHIPTAIL LOOP, ASSESSOR PARCEL NUMBERS 209-120- 23-00 AND 209-120-24-00 AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: IONIS LOTS 21 & 22 CASE NO: SDP 2021-0029 (DEV2021-0141) WHEREAS, IONIS Pharmaceuticals, Inc., “Applicant/Owner,” has filed a verified application with the City of Carlsbad described as LOTS 21 AND 22 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP THEREOF NO. 16145, RECORDED AS DOCUMENT NO. 2016-7000438, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A” – “III” dated March 1, 2023, on file in the Planning Division, SDP 2021-0029 (DEV2021-0141) – IONIS LOTS 21 & 22, as provided by Chapters 21.06, 21.34, 21.44 and Title 20 of the Carlsbad Municipal Code and the Carlsbad Oaks North Specific Plan SP 211(C); and WHEREAS, the Planning Commission did, on March 1, 2023, 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 persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan; WHEREAS, a Program Environmental Impact Report EIR 98-08, State Clearinghouse No. 2000051057 (Planning Case Nos. EIR 98-08/GPA 97-05/ZC 97-05/SP 211/LFMP 89-16(A)/CT 97-13/HDP PLANNING COMMISSION RESOLUTION NO. 7472 Exhibit 1 Attachment A May 16, 2023 Item #5 Page 9 of 48 - 2 - 97-10/PIP 02-02/SUP 97-07), was prepared and the City Council certified it on Oct. 8, 2002, for the Carlsbad Oaks North Specific Plan SP 211; and WHEREAS, Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Sections 15162 through 15164 set forth the criteria for determining the appropriate additional environmental documentation, if any, to be completed when there is a previously-certified environmental impact report (EIR) covering the project for which a subsequent discretionary action is required; and WHEREAS, there is no "new information of substantial importance" pursuant to CEQA Guidelines Section 15162(a)(3), and the potential environmental effects of the project were adequately analyzed by the previously-certified PROGRAM ENVIRONMENTAL IMPACT REPORT EIR 98-08 for the CARLSBAD OAKS NORTH SPECIFIC PLAN SP 211 (City Council Resolution No. 2002-298), Therefore, the previously-certified EIR is adequate without modification and no additional environmental review is required; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES of SDP 2021-0029 (DEV2021-0141) – IONIS LOTS 21 & 22, based on the following findings and subject to the following conditions: Findings: Site Development Plan, SDP 2021-0029 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposal to construct a 48-foot-tall, three-story, 164,833-square-foot biomedical research and development building (R&D) and a 21-foot-tall, three-level parking structure on a vacant 8.37-acre site on the north side of Whiptail Loop (APNs 209-120-23 and 209-120-24), is consistent with the General Plan, Oaks North Specific Plan 211(C), as well as Titles 20 and 21 of the Carlsbad Municipal Code (CMC). Specifically, the biomedical R&D building is a permitted use pursuant to SP 211(C) and the project complies with public facilities, access, setbacks, height, employee eating areas, wall heights, parking requirements and the May 16, 2023 Item #5 Page 10 of 48 - 3 - architectural guidelines. As the proposed R&D building is proposed to be developed on two lots, the project is conditioned to consolidate Lots 21 and 22 of Map No. 16145 into one lot, consistent with CMC Title 20. Pursuant to CMC Section 21.34.070.A.2(b),the increase in building height from 35 to 48 feet can be supported as the setbacks have been increased at a ratio of one horizontal foot for every one foot of vertical construction beyond 35 feet (i.e., an increased setback of 13 feet). Consistent with CMC Section 21.34.070.A.2(b), the increased setback area is landscaped. In addition, the 48-foot-tall building will not adversely affect the surrounding properties and will not be unduly disproportional to other buildings in the area. Pursuant to CMC Section 21.44.020, a total of 549 spaces are required based on a parking ratio of one parking space per 300 square feet of building area. Pursuant to a Parking Study prepared by Urban Systems for the project (February 2023), a minimum of 217 parking spaces are recommended based on a parking ratio of 1.316 parking space per 1,000 square feet of building area. The details of the request include the added provision of 426 total parking spaces, which exceeds the recommendations of the February 2023 Parking Study. The City Planner, through the authority granted by CMC Section 21.44.040 (B) has reviewed the study from the qualified traffic engineer and has determined that a reduction is justified based on hourly parking demand. Due to the special conditions referred to in the February 2023 Parking Study, and considering the availability, if any, of public transportation within convenient walking distance, the reduced amount of parking will be adequate for the activities served, and that the reduction will not contribute to traffic congestion, circulation problems, traffic safety, or impair the efficiency of on-street parking. Peak parking demand does not occur frequently enough to justify building more parking. In addition, all roadways necessary to serve the development exist and only minor modifications are needed to the existing frontage improvements along the Whiptail Loop to provide access to the development. Furthermore, the proposed pedestrian bridge across Whiptail Loop complies with the minimum Engineering and Fire Department standards and will provide safe and efficient access between the IONIS campus properties. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the Carlsbad Oaks North Specific Plan SP 211(C) was approved to be developed with a 414-acre light industrial park. SP 211(C) identified 23 industrial lots, three open space lots, and one lot for an employee picnic area that would serve the industrial business park. The project consists of the construction of a 48-foot-tall, three-story, 164,833-square-foot biomedical R&D building and a 21-foot-tall, three-level parking structure on Lots 21 and 22 of SP 211(C). The project site is 8.37 acres and located on the north side of Whiptail Loop. The site is bordered by light industrial buildings south, east and west and open space to the north. The proposed 164,833-square-foot R&D building and three-level parking structure is compatible with the surrounding similar land uses. Specifically, the R&D building is terraced to follow the existing step in topography between Lots 21 and 22 of SP 211(C) and the proposed colors, materials and architectural features are well-coordinated with the exiting IONIS May 16, 2023 Item #5 Page 11 of 48 - 4 - buildings to the south, complementary to the site and its surroundings and would enhance the appearance of the surrounding light industrial park. The parking structure will be partially screened with a berm as viewed from the open space parcel to the north and a green screen will further soften the views. No evidence has been submitted or discovered that would suggest that the proposed project would cause any material depreciation in appearance or detriment in value to the surrounding neighborhood. In addition, the proposed project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 1,319 Average Daily Trips (ADT) generated by the project. The project complies with all minimum development standards pursuant to SP 211(C), in that the setbacks have been increased 13 feet to accommodate the additional building height and the Parking Analysis prepared by Urban Systems (February 2023) provides the evidence to support the applicant’s request to reduce the required number of parking stalls onsite from 549 to 426 spaces. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the lots were approved as part of a 23-lot light industrial subdivision pursuant to SP 211(C) and the project is consistent with the Carlsbad Oaks North Specific Plan’s Development Standards and Design Guidelines and the Planned Industrial (P-M) Zone. Adequate onsite circulation is provided with the proposed two (2) driveway off Whiptail Loop. The biomedical R&D building complies with the development standards pursuant to SP 211(C) and CMC Chapter 21.34 in that the setbacks have been increased to accommodate the additional building height and a Parking Analysis (Urban Systems, February 2023) has been submitted to support the request to reduce the minimum required number of parking stalls from 549 to 426 spaces. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that pursuant to CMC Section 21.34.070.A.2(b), the required setbacks have been increased by 13 feet to accommodate the additional increase in building height from 35 to 48 feet, the additional setback area is landscaped and the Parking Analysis prepared by Urban Systems (February 2023) provides the justification to support the request to reduce the required number of parking stalls onsite from 549 to 426 spaces in that a minimum of 217 parking spaces are recommended. In addition, the retaining walls onsite do not exceed 42 inches in height in the front yard setback or six feet in height outside of the front yard setback. Adequate vehicle circulation has been provided to accommodate truck turning movements and emergency vehicle access. The proposed 60-foot- wide fire buffer has been approved by the Fire Department and the landscaping proposed around the perimeter of the property and within the 60-foot-wide fire buffer is consistent with the requirements of the city’s Landscape Design Manual. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the site has frontage along Whiptail Loop to the south. Primary access to the site would be provided by two private driveways off Whiptail Loop. Pursuant to the Local Mobility Analysis prepared by Urban Systems (December 2022), Whiptail Loop, which is fully improved, can adequately handle the 1,319 Average Daily Trips (ADT) generated by the project and the ADTs fall within the scope of the circulation analysis prepared for the Program Environmental Impact Report for the Carlsbad Oaks North Specific Plan, EIR 98- 08. In addition, the internal traffic circulation and the 16’-11”-tall pedestrian bridge across May 16, 2023 Item #5 Page 12 of 48 - 5 - Whiptail Loop comply with the minimum Land Development Engineering and Fire Department standards. Pursuant to CMC Section 21.34.070.A.2(b), building height above 45 feet may be permitted through the approval of a Site Development Plan provided the following additional findings are made: 6. The project complies with CMC Section 21.34.070.A.2(c) in that the required front, side and rear yard setbacks have been increased at a ratio of one horizontal foot for every one foot of vertical construction beyond 35 feet. As 35 feet is the permitted height and a 48-foot-tall building is proposed on the lower building pad, the setbacks have been increased by 13 feet and the increased setback area is landscaped. 7. The allowed height protrusions as described in 21.46.020 do not exceed the height authorized by the decision making authority in that a 48-foot-tall building with allowable architectural projections up to 60 feet is proposed on the lower building pad and roof equipment is necessary. The proposed 60-foot-tall roof screen is an allowable architectural projection since it does not provide useable floor area, does not adversely impact the adjacent properties and is necessary to ensure the building’s design excellence. In addition, the roof equipment is centrally-located on the roof and setback from the edge of the building to minimize the visual impacts associated with the additional height for the roof screen. 8. The height of the building will not adversely affect the surrounding properties in that the proposed 48-foot-tall, three-story, 164,833-square-foot biomedical R&D building has been designed to follow the existing step in topography thus minimizing the grading and visual impacts as viewed from the open space to the north and light industrial buildings to the south, east and west. The portion of the building which exceeds the building height is setback 135 feet from the front property line, 164 feet from the nearest side property line and 190 feet from the rear property line. The building incorporates enhanced architectural features and will be softened with landscaping proposed around the perimeter of the site and in the parking lot. The pad elevation of the adjacent building to the east is approximately 20 feet higher than the upper building pad and 36 feet higher than the lower building pad of the proposed R&D building. The light industrial buildings located on the adjacent parcel to the west are located a minimum of 20 feet below the subject site. The building on the south side of Whiptail Loop is developed with the IONIS employee conference center. As the setbacks have been increased 13 feet as required, the building is setback a significant distance from the adjacent property lines and the adjacent properties are located a minimum of 20 feet above or below the project site, the surrounding properties will not be adversely impacted. 9. The building will not be unduly disproportional to other buildings in the area in that the three (3) light industrial buildings on the adjacent lot to the west (Pacific Vista Commerce Center, Lot 23 of SP 211C) total 411,000 square feet and are 38-feet-tall with allowable architectural projections up to 43 feet. As the building to the west also exceeded the 35-foot maximum building height by three feet, the required setbacks were also increased by three feet. The building to the east, is 37,578 square feet, two stories in height and located on a building pad approximately 20 feet higher in elevation than the upper building pad of the subject site and 36 feet higher than the lower building pad, where the 48-foot-tall section of the building is proposed. The existing IONIS R&D building located off Whiptail Loop at 2855 Gazelle Court is approximately 173,000 square feet in size. In addition, the project site comprises two of the 23 May 16, 2023 Item #5 Page 13 of 48 - 6 - light industrial lots created as part of the SP 211(C). As such, the proposed 164,833-square-foot, 48-foot-tall building is not unduly disproportional to other buildings in the area. McClellan Palomar Airport Land Use Compatibility Plan 10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that pursuant to Exhibit III-2 of the ALUCP (Safety Compatibility Policy Map), the site is located within Safety Zone 6, the Traffic Pattern Zone. Light industrial buildings such as the proposed biomedical R&D building are considered to be compatible land uses within Safety Zone 6. At the tallest point, the proposed 48-foot-tall building, including the architectural projections up to 60 feet, is at 478 AMSL, which is below the Federal Aviation Regulation (FAR) Part 77 obstruction surface of 548 feet AMSL established at the project site and pursuant to SP 211(C). In addition, pursuant to Exhibit III-1 of the ALUCP, the project is located outside of the 60 dB CNEL noise contour, but within the Overflight Notification area pursuant to Exhibit III-6. As such, the project will be conditioned to require the recordation of an Overflight Notification Notice. Therefore, the project is consistent with SP 211(C) and the McClellan-Palomar ALUCP. California Environmental Quality Act 11. Record and Basis for Action. The Planning Commission has considered the full record before it, which includes the Record of Proceedings. Furthermore, the recitals set forth above are found to be true and correct and material to this resolution; and are incorporated herein by reference. 12. Compliance with CEQA. Pursuant to CEQA Guidelines sections 15162, this project is covered by a previously-certified Program Environmental Impact Report EIR 98-08, State Clearinghouse No. 2000051057 (Planning Case Nos. EIR 98-08/GPA 97-05/ZC 97-05/SP 211/LFMP 89-16(A)/CT 97- 13/HDP 97-10/PIP 02-02/SUP 97-07), that was prepared and the City Council certified it on Oct. 8, 2002, for the Carlsbad Oaks North Specific Plan SP 211. The effects of the project were examined in the previously-certified EIR and all feasible mitigation measures developed in the EIR are incorporated into the appropriate entitlements to ensure that the mitigations measures will be implemented. a. There are no substantial changes proposed in the project which will require major revisions of the certified EIR. b. There are no substantial changes with respect to the circumstances under which the project is undertaken which will require major revisions of the certified EIR. c. There is no new information of substantial importance, which was not known at the time the EIR was certified by the City Council on October 8, 2022 pursuant to City Council Resolution No. 2002-298. d. The Planning Commission considered the EIR and all significant impacts and mitigation measures in the certified EIR, and considered all written and oral communications from the public regarding the environmental analysis, and found that (1) The project falls under the scope of the certified EIR; (2) All significant impacts were adequately addressed in the certified EIR; (3) The project would not make a considerable contribution to a new significant cumulative impact; and (4) None of the triggers for subsequent/supplemental EIRs in CEQA apply. The project is, therefore, determined to within the scope of the certified EIR and the certified EIR satisfies all requirements of CEQA for this later activity. May 16, 2023 Item #5 Page 14 of 48 - 7 - e. The custodian of the documents and other materials which constitute the record of proceedings upon which this decision is based is the Office of the City Clerk of the City of Carlsbad, 1200 Village Drive, Carlsbad, CA 92008. f. The Planning Commission directs the City Planner to file the notice of determination required by Public Resources Code section 21152(a) within five days after project approval. General 13. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated March 1, 2023, including, but not limited to the following: a. Land Use & Community Design – The project site is identified as Lots 21 and 22 of the Oaks North Specific Plan, SP 211(C). The proposed project includes a request to develop an 8.73-acre property designated PI in the General Plan with a 164,833-square-foot, 48- foot-tall, three-story R&D building, a 21-foot-tall, three-level parking structure and a pedestrian bridge across Whiptail Loop. A majority of the light industrial park is developed with light industrial building such as the proposed R&D building. The site can be adequately served by existing utilities and is convenient to public transit located along El Camino Real, Faraday Avenue and Melrose Drive. The proposed office building will provide employment opportunities for residents who live within proximity to the site and will enhance the city’s position as a premier regional employment center. The building use and design is compatible with the existing light industrial buildings to the south, east and west. The site is suitable for the proposed light industrial development as the building setbacks have been increased to comply with CMC Section 21.34.070. Specifically, the maximum allowable building height in the P-M zone is 35 feet. As the applicant is proposing a 48-foot-tall building, the setbacks are required to be increased one foot for every foot of height above 35 feet. Therefore, the required front, side and rear yard setbacks have been increased by 13 feet. Further, views of the parking structure from the north are softened through the use of berms and a green screen to allow vines to grow up the screen. In addition, the building design steps with the topography to limit the grading and retaining wall heights and reduce the visual impacts. A total of 549 parking spaces are required and 426 parking spaces are proposed. Pursuant to a Parking Study prepared for the proposed project (Urban Systems, February 2023), a minimum of 217 parking spaces are recommended for Lots 21 and 22 of SP 211(C). As 426 spaces are provided onsite, adequate parking is provided. b Mobility – The proposed project has been designed to meet all circulation requirements, including vehicular and Fire access. In addition, the applicant would be required to pay any applicable traffic impact fees, prior to building permit issuance, which would go toward future road improvements. Pursuant to the Local Mobility Analysis prepared by Urban Systems Associates, Inc. (December 2022), the average daily trips (ADTs) generated by the project, 1,319 ADTs, falls within the scope of what was analyzed pursuant to EIR 98-08 and no new significant impacts have been identified. A May 16, 2023 Item #5 Page 15 of 48 - 8 - Transportation Demand Management Plan (Urban Systems, October 2022) has also been prepared for the proposed project. c. Public Safety – The proposed structural improvements would be required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements, including fire sprinklers and a minimum 60-foot-wide fire buffer around the perimeter of the buildings. Two bioretention basins and a storm water vault are proposed in between the building and parking lots and Whiptail Loop to treat the stormwater before entering the storm drain system. Furthermore, the project has been conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. d. Noise – The project site is located approximately 1.1 miles northeast of McClellan Palomar Airport and is subject to the McClellan Palomar Airport Land Use Compatibility Plan (ALUCP). The project is consistent with the noise policies in the ALUCP in that 1) the proposed light industrial R&D building is located outside of the 60 dB CNEL noise contour and thus is not impacted by airport noise; and 2) the site is within the Overflight Notification area pursuant to Exhibit III-6. As a result, the project is conditioned to require the recordation of an Overflight Notification Notice. 14. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 16 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 16 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 15. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 16. 16. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 17. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. May 16, 2023 Item #5 Page 16 of 48 - 9 - Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading permit, or building permit, whichever comes first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city’s approval of this Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and issuance of this Site Development Plan, (b) city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city’s approval is not validated. 6. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final May 16, 2023 Item #5 Page 17 of 48 - 10 - decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Grading Permit. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 12. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax, subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 16, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13. Prior to the issuance of the grading permit, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 14. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. May 16, 2023 Item #5 Page 18 of 48 - 11 - 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 18. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the City Planner. 19. Prior to the issuance of grading permit, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan- Palomar Airport, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #2 on file in the Planning Division). 20. A construction change to the landscape plan approved in association with DWG # 514-7L (SDP 2018-0012) to address the changes to the landscaping in association with the construction of the pedestrian bridge on APN 209-120-27-00 shall be approved prior to issuance of the grading permit, to the satisfaction of the City Planner. 21. The approval of SDP 2021-0029 is granted subject to the Program EIR for the Oaks North Specific Plan SP 211. (EIR 98-08, SCH No. 2000051057), and all project features and mitigation measures contained therein. The applicant shall implement or cause the implementation of the Final EIR MMRP, pursuant to Planning Commission Resolution No. 5244 and pursuant to Section V.H of SP 211(C), which is incorporated herein by reference as though fully set forth herein. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit, whichever occurs first. General 22. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 23. This project is approved upon the express condition that building permits will not be issued for the development of the subject property unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue May 16, 2023 Item #5 Page 19 of 48 - 12 - to be available until time of occupancy. 24. The developer shall complete processing of an adjustment plat for the lot line adjustment between lot 21 and lot 22 as shown on the site development plan. Developer shall pay processing fees per the city’s latest fee schedule. 25. Developer shall include rain gutters on the building plans subject to the city engineer’s review and approval. Developer shall install rain gutters in accordance with said plans. 26. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 27. Prior to building permit issuance, developer shall show all transportation demand management infrastructure measures on the building plans. 28. Prior to building permit issuance, the developer shall show an updated title report reflecting the adjustment plat and certificate of compliance. Fees/Agreements 29. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city’s standard form Geologic Failure Hold Harmless Agreement. 30. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 31. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 32. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private pedestrian bridge located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city’s latest fee schedule. 33. Developer shall implement Transportation Demand Management strategies per Carlsbad Municipal Code section 18.51. Prior to building permit issuance, the Developer shall have a consultation with city staff regarding submittal of the final TDM Plan. Prior to occupancy, the Developer shall submit a final Tier 3 Transportation Demand Management Plan to the satisfaction of the Engineering Manager. 34. Prior to building permit issuance, the developer shall include all transportation demand management infrastructure measures, in accordance with the project’s Transportation Demand Management Plan, in the building plan set to the satisfaction of the Engineering Manager. Items include, but not limited to: a) Secure bike parking b) Outdoor bike racks with shared bikes. May 16, 2023 Item #5 Page 20 of 48 - 13 - c) Designated parking space for car/vanpools, in addition of Cal Green requirements, along signage and striping. d) Showers and lockers e) Basketball/badminton court, half basketball court and a fitness center f) Bicycle and pedestrian connections and wayfinding g) Passenger loading zone 35. Prior to occupancy, all infrastructure measures shall be installed and approved by the Engineering Manager. Grading 36. Based upon a review of the proposed grading and the grading quantities shown on the site plan a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. 37. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. 38. Developer shall prepare and submit a separate grading plan and an addendum to the Storm Water Management Plan for Ionis Pharmaceuticals Conference Center (Parcel 1, Map 21705) to incorporate the improvements depicted on the site plan, including but not limited to: proposed sidewalk, pedestrian ramp, retaining wall, storm drain, biofiltration basin revision and implementation of trash capture. Developer shall pay all applicable fees per the city’s latest fee schedule. 39. Improvements of the private pedestrian bridge depicted on the site plan shall be conveyed on the grading plans for the site improvements or by separate document. The developer shall prepare and submit plans and technical studies/reports as required by the engineering manager of land development engineering, post security and pay all applicable plan review and permit fees per the city’s latest fee schedule. Storm Water Quality 40. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. May 16, 2023 Item #5 Page 21 of 48 - 14 - 41. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 42. This project is subject to ‘Priority Development Project’ requirements and Trash Capture requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule. 43. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 44. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 45. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 46. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Demolition of Existing Sewer and Water Laterals B. Sewer Laterals C. Water Laterals D. Driveway E. Pedestrian Ramps F. AC Grind & Overlay Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 47. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access May 16, 2023 Item #5 Page 22 of 48 - 15 - through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. 48. Developer shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low- maintenance design features to the satisfaction of the city engineer. Utilities 49. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. 50. Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 51. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 52. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 53. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 54. The developer shall apply for a provisional source control permit with Encinas Wastewater District for any conveyance of flows from this development other than wastewater. Prior to the issuance of a grading permit, the developer shall comply with all conditions and pay all fees required by the Encinas Wastewater District to obtain the provisional source control permit. 55. This project is approved for 105 equivalent dwelling unit (EDUs) for sewer generation. Any future tenant improvement permit applications subsequent to this approval shall include a sewer study and/or plumbing calculations to demonstrate that the 105 EDU is not exceeded. If the tenant improvements exceed the 105 EDU sewer generation, the project may be subject to public infrastructure improvements, including but not limited to upsizing the impacted downstream sewer mains and modifying the sewer pump facilities. In addition, an amendment to SDP 2021-0029 may be required. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: May 16, 2023 Item #5 Page 23 of 48 - 16 - 56. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 57. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 16 as required by Carlsbad Municipal Code Section 21.90.050. 58. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 59. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 60. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 61. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to the Building Division. 62. Any signs proposed for this development shall at a minimum be designed in conformance with the city’s Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 63. Developer acknowledges that the project is required to comply with the city’s greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11 – CALGreen), as amended from time to time. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. 64. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 65. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. May 16, 2023 Item #5 Page 24 of 48 May 16, 2023 Item #5 Page 25 of 48 66 . Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. AYES: Commissioners Kamenjarin, Meenes, Merz, and Sabellico NAYS: ABSENT: Commissioners Lafferty and Stine ABSTAIN: v~~ PETER MERZ, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY CITY PLANNER -17 - Exhibit 2 March 1, 2023 Planning Commission Staff Report (on file in the Office of the City Clerk) May 16, 2023 Item #5 Page 26 of 48 Exhibit 3 May 16, 2023 Item #5 Page 27 of 48 RECEIVED C cicy Df MAR 1-3 2023 AP ~EAL FORM Deve/ol!_ment Services P-27 Planning Division Carlsb2 cl CITY OF CARLSBAD 1635 Faraday Avenue (442) 339-2610 ITY CLERK'S OFFICE www.carlsbadca.gov Date of Decision you are appealing~: 0~3~/~0~1/=2~3 ______________________ _ Subject of the Appeal: BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple applications, (such as a Coastal Development Permit, Planned Unit Development, Minor Conditional Use Permit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here. Please see fee schedule for the current fee. Planning Commission approval of Site Development Plan for IONIS LOTS 21 & 22 SOP 2021-0029 (DEV2021-0141) Reason(s) for the Appeal: PLEASE NOTE: The appeal shall specifically state the reason(s) for the appeal. Failure to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information (attached). Please attach additional sheets or exhibits if necessary. The Planning Commission violated the California Environmental Quality Act ("CEQA") by finding that the Project is within the scope of the 2002 Carlsbad Oaks North Specific Plan EIR and that CEOA requires no further environmental analysis or documentation for the Project. Rather, new information available since 2002 demonstrates that the Project will have impacts not considered in the 2002 EIR and that mitigation measures for the Project's impacts that were unavailable/infeasible in 2002 are now feasible. Therefore, the City must prepare an EIR or negative declaration for the Project. NAME (Print): Brian Flynn on behalf of Supporters Alliance for Environmental Responsibility (SAFER) MAILING ADDRESS: LOZEAU DRURY LLP, 1939 Harrison Street, Suite 150 CITY, STATE, ZIP: Oakland, California 94612 TELEPHONE: (510) 836-4200 EMAIL ADDRESS: brian@lozeaudrury.com SIGNATURE: DATE: 3/7/23 P-27 Page 1 of 1 Rev. 3/22 May 16, 2023 Item #5 Page 28 of 48 VIA EMAIL Peter Merz, Chair T 510.836.4200 F 510.836.4205 Bill Kamenjarin, Commissioner Alicia Lafferty, Commissioner Roy Meenes, Commissioner Joseph Stine, Commissioner Kevin Sabellico, Commissioner Carolyn Luna, Commissioner Planning Commission City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Emai I: planning@carlsbadca.gov 1939 Harrison Street, Ste. 150 Oakland, CA 94612 March l , 2023 www.lozeaudrury.com rebecca@lozeaudrury.com Re: Comment on SDP 2021-0029 (DEV2021-0141) -IONIS LOTS 21 & 22; March 1, 2023 Planning Commission Agenda Item 1 Dear Chair Merz and Honorable Members of the Planning Commission: I am writing on behalf of Supporters Alliance for Environmental Responsibility ("SAFER") regarding SPD 2021-0029 (DEV2021-0141) -JONIS LOTS 21 & 22, including all actions related or referring to the proposed development of a 164,833-square-foot research and development building, located at the north side of Whiptail Loop, Lots 21 and 22 (Assessor Parcel Numbers 209-120-23-00 and 209-120-24-00) in the City of Carlsbad (the "Project"), listed as Item 1 on the Planning Commission's March 1, 2023 Agenda. The City's reliance on the 2022 Carlsbad Oaks North Specific Plan EIR for the Project violates the California Environmental Quality Act ("CEQA"). The 2002 EIR is out of date and did not analyze the impacts of this project. A project-specific EIR is required to analyze and mitigate the Project's environmental impacts. SAFER therefore requests that the Planning Commission decline to approve the Project at this time and, instead, direct city staff to prepare an EIR for the Project and circulate the Draft EIR for public review and comment in accordance with CEQA prior to any approval. Sincerely, /ft-- Rebecca L. Davis March 1, 2023 VIA EMAIL Peter Merz, Chair Bill Kamenjarin, Commissioner Alicia Lafferty, Commissioner Roy Meenes, Commissioner Joseph Stine, Commissioner Kevin Sabellico, Commissioner Carolyn Luna, Commissioner Planning Commission City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Email: planning@carlsbadca.gov Re: Comment on SDP 2021-0029 (DEV2021-0141) – IONIS LOTS 21 & 22; March 1, 2023 Planning Commission Agenda Item 1 Dear Chair Merz and Honorable Members of the Planning Commission: I am writing on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) regarding SPD 2021-0029 (DEV2021-0141) - IONIS LOTS 21 & 22, including all actions related or referring to the proposed development of a 164,833-square-foot research and development building, located at the north side of Whiptail Loop, Lots 21 and 22 (Assessor Parcel Numbers 209-120-23-00 and 209-120-24-00) in the City of Carlsbad (the “Project”), listed as Item 1 on the Planning Commission’s March 1, 2023 Agenda. The City’s reliance on the 2022 Carlsbad Oaks North Specific Plan EIR for the Project violates the California Environmental Quality Act (“CEQA”). The 2002 EIR is out of date and did not analyze the impacts of this project. A project-specific EIR is required to analyze and mitigate the Project’s environmental impacts. SAFER therefore requests that the Planning Commission decline to approve the Project at this time and, instead, direct city staff to prepare an EIR for the Project and circulate the Draft EIR for public review and comment in accordance with CEQA prior to any approval. Sincerely, Rebecca L. Davis Exhibit 4 May 16, 2023 Item #5 Page 29 of 48 T 510.836.4200 F 510.836.4205 1939 Harrison Street, Ste. 150 Oakland, CA 94612 www.lozeaudrury.com rebecca@lozeaudrury.com /1 I------. From:Brooke Dekker To:Planning Subject:SDP 2021-0029 (DEV2021-0141) – IONIS LOTS 21 & 22 2023-3-1 (S034) Date:Wednesday, February 22, 2023 5:31:05 PM Attachments:Letter to Carlsbad Planning Commission SDP 2021-0029 (DEV2021-0141) – IONIS LOTS 21 & 22 Final.docx Hi, I would like to add comments to the agenda in response to the proposed development (SDP 2021-0029 (DEV2021-0141) – IONIS LOTS 21 & 22) for the meeting on March 1, 2023. I am the preserve manager for the adjacent Habitat Conservation Area,Carlsbad Oaks North (S034), which is west and north to the development. Attached ismy letter of comments regarding the development. Please let me know if you have any questions or concerns. Thanks, Brooke -- Brooke Prentice-Dekker Preserve Manager Center for Natural Lands Management CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. May 16, 2023 Item #5 Page 30 of 48 February 22, 2023 City of Carlsbad Planning Commission Council Chamber Carlsbad, CA 92008 RE: Public Hearings: SDP 2021-0029 (DEV2021-0141) – IONIS LOTS 21 & 22 Dear City of Carlsbad Planning Commission, The Center for Natural Lands Management owns and manages the Habitat Conservation Area (HCA), Carlsbad Oaks North Preserve (S034) north and west of the of the property for the proposed development SDP 2021-0029 (DEV2021-0141) – IONIS LOTS 21 & 22. We would like to voice some of our concerns regarding this development as it relates to the HCA which was established for the benefit of threatened and endangered species affected by prior development in the vicinity: • Increased noise pollution from the construction of this project, as well as noise pollution that will continue as long as the structure stands. This could be harmful to wildlife within the HCA. • Increased light pollution during construction and once completed that could affect wildlife within the HCA. • Increased human activity, which could lead to trespassing into the HCA from the building and parking structure, as well as the bridge that will connect to Whiptail. This would affect wildlife and negatively impact the habitat within the HCA. • Potential damage to the habitat of the HCA during and after the construction of the development. Although the HCA is marked with signage to prevent trespassing, there is no fence which prevents people from entering. Please consider these concerns when determining the aspects of construction and development of this proposed project. Regards, Brooke Prentice-Dekker Preserve Manager, San Diego bdekker@cnlm.org May 16, 2023 Item #5 Page 31 of 48 Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law One America Plaza 600 West Broadway, 27th Floor | San Diego, CA 92101-0903 Telephone: 619.233.1155 | Facsimile: 619.233.1158 www.allenmatkins.com Jeffrey A. Chine E-mail: jchine@allenmatkins.com Direct Dial: 6192351525 File Number: 392487.00002/4884-3843-0305.7 Los Angeles | Orange County | San Diego | Century City | San Francisco Allen Matkins Via Electronic Mail - clerk@carlsbadca.gov May 9, 2023 Carlsbad City Council c/o City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: May 16, 2023 City Council Hearing; Ionis Pharmaceuticals - Response to Appeal of Site Development Plan 2021-0029 (DEV2021-0141) Honorable Mayor Blackburn and City Council Members: This firm represents Ionis Pharmaceuticals, Inc. in connection with its proposed research and development project (“Project”) located on the north side of Whiptail Loop, Assessor’s Parcel Numbers 209-120-23 and -24. We appreciate the opportunity to respond to the appeal submitted by Supporters Alliance for Environmental Responsibility (“SAFER”) on March 7, 2023, challenging the Planning Commission’s CEQA determination for the Project Site Development Plan 2021-0029 (DEV2021-0141). SAFER’s appeal consists of a single page without any information or evidence as to why the Planning Commission’s CEQA determination was inadequate. The Planning Commission found that the Project is consistent with the Carlsbad Oaks North Specific Plan Environmental Impact Report (“EIR”) and thus no further environmental review is required. SAFER challenges this determination, alleging that “new information available since 2002 demonstrates that the Project will have impacts not considered in the 2002 EIR and that mitigation measures for the Project’s impacts that were unavailable/infeasible in 2002 are now feasible. Therefore, the City must prepare an EIR or negative declaration for the Project.”1 Yet, the appellant failed to provide the allegedly “new information” or articulate what “new” mitigation measures are now supposedly feasible. SAFER’s appeal presents only a conclusory assertion that error has occurred. Thus, SAFER has failed to “establish by substantial evidence” that the Planning Commission’s decision was erroneous, as required by the Carlsbad Municipal Code (“CMC”).2 Moreover, as the CMC limits an appellant to the claims and evidence in the 1 SAFER Appeal. 2 CMC, § 21.54.150(b). May 16, 2023 Item #5 Page 32 of 48 Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law May 9, 2023 Page 2 appeal as submitted, SAFER is barred from presenting new evidence at this stage. Thus, SAFER has failed to carry its burden and its appeal must be denied. By way of background, the CMC sets out the following requirements for appeals of Planning Commission determinations: The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for the decision or determination exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the planning commission in that the decision was not supported by the facts presented to the planning commission prior to the decision being appealed; or that there was not a fair and impartial hearing.3 The City’s Appeal Form P-27 emphasizes that an appeal “shall specifically state the reason(s) for the appeal” and “[f]ailure to specify a reason may result in denial of [the] appeal.” Further, an appellant is “limited to the grounds stated [in the appeal form] when presenting [their] appeal.”4 SAFER’s appeal is a hollow “form letter” we understand it sends to object to dozens of projects proposed in the greater San Diego County area. The appeal is a form of spam. It contains no substance whatsoever, and does not apprise the City or the applicant of the supposed defects in CEQA compliance. The sole purpose of the letter is to leverage concessions from the applicant under threat of processing delays and potential litigation. Unfortunately, such objectionable behavior adds unnecessary cost to development projects and needlessly consumes limited City resources, including staff time and that of the City Council. We urge the City Council to summarily deny the appeal. Very truly yours, Jeffrey A. Chine JAC 3 CMC, § 21.54.150(b). 4 See CMC, § 21.54.150(c). May 16, 2023 Item #5 Page 33 of 48 Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law May 9, 2023 Page 3 cc: Sherry Freisinger, City Clerk Via Email-clerk@carlsbadca.gov Cindie K. McMahon, City Attorney Via Email-smcmahon007@adelphia.net Ronald Kemp, Senior Assistant City Attorney Via Email-ronald.kemp@carlsbadca.gov Eric Lardy, City Planner Via Email-eric.lardy@carlsbadca.gov Shannon Harker, Project Planner Via Email-shannon.harker@carlsbadca.gov Mallorie Klemens, Ionis Pharmaceuticals, Inc.-Via Email-MKlemens@ionisph.com Ben Wilson, Project Management Advisors, Inc. Via Email-benw@pmainc.com May 16, 2023 Item #5 Page 34 of 48 Exhibit 5 May 16, 2023 Item #5 Page 35 of 48 ., .. ,,, State of California -Department of Fish and Wildlife 2023 ENVIRONMENTAL FILING FEE CASH RECEIPT DFW 753.5a (Rev. 01/01/23) ~reViously DFG 753.5a - SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY. LEAD AGENCY Ll;:AD AGENCY EMAIL CITY OF CARLSBAD PLANNING DIVISION COUNTY/STATE AGENCY OF FILING SAN DIEGO P.ROJECTTITLE IONIS LOTS 21 & 22 --City 'of Carlsbad MAR 14 2023 Planning Division REQEIPT NUMBER:· 37-03/09/2023-0148 STATE CLEARING HOUSE NUMBER(/f applicable) 2000051057 DATE 03/09/2023 DOCUMENT NUMSER 2023-NOD-0028 PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER IONIS PHARMACEUTICALS ·760-931-2200 PROJECT APPLICANT ADDRESS ' CITY STATE ZIP CODE 2855 G,I\ZELLE CT. PROJECT APPLICANT(Check appropriate.box) D Lo.cal Public Agency D School District CHECK APPLICABLE FEES: t!I Environment~! Impact Report {EIR) D Mitigated/Negative Declaration (MND)/(ND) CARLSBAD D Other Special District · 0 Certified Regulatory Program (CRP) document -payment due directly to CDFW D Exempt from fee D Notice of Exemption {attach) D · CDFW No Effect Determination (attach) D _Fee previously paid {attach previously issued cash receipt copy) D Water Right Application or Petition Fee(State Water Resources Control Board only) · ~ County documentary handling fe·e D Oth'er CA 0 State Agency $3,839.25 $ .$2,764.00 . $ $1,305.25 $ $850.00 $ '$ $ PAYMENT METtiOll □Cash □ Cr~dit Kl Check D Other TOTAL RECEIVED $ AGENCY OF FILING PRINTED NAME AND TITLE 92010 Ix] Private Entity 3,839,25 a.po 0.00 o.oo 50.00 0.00 3,889.25 X San Diego County Cl'erk, JULIE ANN SAN JUAN, Depu~y' Payment ORIGINAL -PROJE9T APPLl~ANT COPY -CDFW/ASB COPY -LEAD AGENCY COPY -COUNTY CLERK DFW752.5A(Rev. 0101202?) May 16, 2023 Item #5 Page 36 of 48 . FILED . Mar 09, 2023 03:24 PM JORDAN Z. MARKS SAN DIEGO COUNTY CLERK File # 2023-000170 SAN DIEGO COUNTY CLERK CEOA FILING COVER SHEET State Receipt# 37030920230148 Document# 2023-NOD-28 THIS SPACE FOR CLERK'S USE ONLY · Complete and attach this form to each CEQA Notice filed with the County Clerk TYPE OR PRINT CLEARLY Project-Title IONIS LOTS 21 & 22 Check Document being Filed: (!) Environmental Impact_ Report (EIR) . o Mitigated Negative Declaration (MND) or Negative Declaration (ND) Q Notice of Exemption (NOE) Q Other (Pl~ase fill in type):. FILED IN THE OFFICE OF THE SAN DIEGO COUNTY CLERK ON _M_a_rc_h_9_, 2_0_2-'3, ____ _ Posted March 9, 2023 Removed _____ _ . Returned to agency on _________ _ DEPUTY _________ ~---- FIiing fees are due at the time a Notice of Determination/Exemption is flied with our office.For rriore Information on filing fees and No Effect Determinations, please refer to California Code of Regulations, Title 14, section 753,5. May 16, 2023 Item #5 Page 37 of 48 2023-NOD-28 Page 2 of 3 Notice of Determination To: State Clearinghouse https:/ /ceqanet.opr.ca.gov/ Assessor/Recorder/County Clerk Attn: Fish and Wildlife Notices 1600· Pacific Highway, Suite 260 San Diego, CA 92101 -,. MS: A-33 From: CITY OF CARLSBAD , Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 · (442) 339-2600 Project No: SDP 2021-0029 (DEV 2021-0141) Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.· · IONIS Lots 21 & 22 Project Title 2000051057 Shannon Harker, Senior Planner (442) 339-2621 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Assessor Parcel Numbers 209-120-23-00 and 209-120-24-00, Carlsbad, CA 92010 (San Diego County) Project Location (include County) Name of Appl_icant: IONIS Pharmaceuticals Applicant's Address: 2855 Gazelle Ct., Carlsbad, CA 92010 · Applicant's Telephone Number: (760) 931-2200 Project Description: 'A 164,833-square-foot. 48-foot-tall research and development building, a 21- foot-tall, three-level parking structure and a pedestrian bridge across Whiptail Loop. The vacant 8.37-acre site comprises Lots 21 and 22 of the Carlsbad Oaks North Specific Plan SP 211(Cl. on the north side of Whlptail Loop. Assessor Parcel Numbers 209-120-23-00 and 209-120-24-00. On October 81 2002, the City of Carlsbad certified a Final Program Environmental Impact Report EIR 98- 08) (State Clearinghouse No. 2000051057) for the Carlsbad Oaks North Business.Park Specific Plan SP 211 and related discretionary permits. The City of Carlsbad, after considering the public comments received and the evidence and testimony befo're it, determined the request to construct a 164,833-sguare-foot. 48-foot-tall · light industrial-buiiding, three-story parking structure· and . bridge acros·s Whlpta'il-Loop Is within the scope of the of the previously-certified Final Prograf!l EIR for SP 211, which evafuated all land development anticipated through the application of policies, regulations, and as logical parts of a long- term plan. The project would riot result in new or more severe impacts beyond those addressed in the Final PEIR and would not meet any other standards requiring further environmental review pursuant to state CEQA Guidelines sections 15162 and 15168. No further analysis. public review or environmental documentation is required. This is to advise that the City of Carlsbad, as a Responsible Agency, has approved the above described project on March 1, 2023, and has made the following determination regarding the above described project. 1. The project will not have a·significant effect on the environment. 2. [gl A Program Environmental Impact Report (EIR) was previously prepared for this project pursuant to the provisions of CEQA (SCH No. 2000051057). D A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. Revised 04/19 May 16, 2023 Item #5 Page 38 of 48 20 3-NOD-28 Page 3 of 3 D This project was reviewed previously and a(n) EIR was prepared pursuant to the provisions of CEQA 3. Mitigation measures were made a condition of the approval of the project in accordance with the previously certified Program EIR. 4. A mitigation reporting or monitoring plan was adopted for this project in accordance with the previously certified Program EIR. 5. Pursuant to the provisions of the California Environmental Quality Act (CEQA-Public Resources Code, Section.21083 et. seq.) Guidelines Section 15162 and 15164, and as demonstrated by the substantial evidence contained in the administrative record, the project activities [['.gj are D are not] covered by and within the scope of the project approved by a previously certified Program EIR, the· prev·ious certified Program EIR [['.gj does D does not] adequately describe the project for purposes of CEQA, and therefore, n_o further environmental documentation is required .. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. . ERIC LARDY, City Planner Date Date received for filing at OPR: Revised 04/19 May 16, 2023 Item #5 Page 39 of 48 JORDAN Z. MARKS Assessor/Recorder/County Clerk 1600 Pacific Highway Suite 260 P. 0. Box 121750, San Diego, CA 92112-1750 Tel. (619) 237-0502 Fax (619) 557-4155 www.sdarcc.gov Payment CHECK PAYMENT #330124 Total Payments Filing San Diego County Transaction#: Receipt#: Cashier Date: 7020052 2023082982 03/09/2023 Cashier Location: SD 111111111111 1111 111111 11111 111111111111111111 . Print Date: 03/09/2023 3:25 pm Payment Summary Total Fees: Total Payments: Balance: $3,889.25 $3,889.25 $0.00 $3,889.25 $3,889.25 CEQA-NOD FILE#: 2023-000170 Date: 03/09/2023 3:24PM State Receipt# 37-03/09/2023-0148 Pages:3 Fees: Fish & Wildlife County Administrative Fee Fees: Fish & Wildlife Environmental Impact Report Total Fees Due: Grand Total -All Documents: $50.00 $3,839.25 $3,889.25 $3,889.25 Page 1 of 1 Exhibit 6 Environmental Impact Report 98-08 (on file in the Office of the City Clerk) May 16, 2023 Item #5 Page 40 of 48 Exhibit 7 May 16, 2023 Item #5 Page 41 of 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 follows: RESOLUTION NO. 2002-298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING PROGRAM ENVIRONMENTAL IMPACT REPORT 98-08, APPROVING CANDIDATE FINDINGS OF FACT, THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A GENERAL PLAN AMENDMENT, ZONE CHANGE, CARLSBAD OAKS NORTH SPECIFIC PLAN, CARLSBAD AIRPORT BUSINESS CENTER SPECIFIC PLAN AMENDMENT, AND ZONE 16 LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT FOR THE CARLSBAD OAKS NORTH SPECIFIC PLAN PROJECT GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN EL CAMINO REAL AND THE CITY'S EASTERN BOUNDARY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: CARLSBAD OAKS NORTH SPECIFIC PLAN CASE NO.: EIR 98-08/GPA 97-05/ZC 97-05/SP 211/SP 200(8)/LFMP 16(A) The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, on August 21, 2002, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Program Environmental Impact Report (EIR 98-08), General Plan Amendment (GPA 97-05), Zone Change (ZC 97-05), Carlsbad Oaks North Specific Plan (SP 211 ). Carlsbad Airport Business Center Specific 19 20 Plan Amendment (SP 200(B)), Zone 16 Local Facilities Management Plan Amendment 21 (LFMP 16(A)}, CT 97-13, HOP 97-10, PIP 02-02, and SUP 97-07, and adopted Planning 22 Commission Resolutions No. 5244, 5245, 5246, 5247, 5275 and 5248 respectively, 23 recommending to the City Council that EIR 98-08, GPA 97-05, ZC 97-05, SP 211, SP 24 200(B), and LFMP 16(A); and 25 26 27 WHEREAS, the City Council of the City of Carlsbad, did on the 8th day of October, 2002, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to EIR 98-08, GPA 97-05, ZC 97-05, SP 211, SP 28 200(8), and LFMP 16(A); and Page I of Resolution No. 2002-298 May 16, 2023 Item #5 Page 42 of 48 WHEREAS, an Environmental Impact Report was prepared and submitted 2 to the State Clearinghouse and a Notice of Completion filed, published, and mailed to 3 responsible agencies and interested parties providing a 45 day review period. All 4 5 6 7 8 comments received from that review period are contained in the Final Program EIR as well as the responses to comments; and WHEREAS, the recommendation of the Planning Commission for the approval of the Carlsbad Airport Business Center Specific Plan (SP 200(8)) is approved 9 and that the findings and conditions of the Planning Commission contained in Planning 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Commission Resolution No. 5275, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council and Ordinance No. NS-647 shall be adopted according to law except as modified herein; and WHEREAS, City of Vista has objected that Carlsbad is not requiring physical intersection improvements or paying to Vista a sum of money to pay for a portion of those improvements in the city of Vista to two intersections: Faraday/Melrose and Sycamore/Melrose (the "Two Intersections"). While the Program EIR indicates these intersections will be adversely impacted by project traffic, the identified mitigation measure is the physical improvement of the two intersections. As set forth in the Candidate Findings, as these two intersections are not in the City of Carlsbad, but rather are surface street and circulation element facilities in the City of Vista, the specific finding of California Environmental Quality Act ("CEQA") Section 21081(a)(2) is appropriate as to the actual physical mitigation and that sections states: "(2) Those changes [the physical mitigation] or alterations are within the 25 responsibility and jurisdiction of another public agency [City of Vista] and have been, or can and should be, adopted by that other agency." [Parenthetical added] 26 27 28 WHEREAS, the City of Carlsbad has no jurisdiction or authority to undertake or cause physical public street improvements in the City of Vista; and Page 2 of Resolution No. 2002-298 May 16, 2023 Item #5 Page 43 of 48 1 WHEREAS, Carlsbad's jurisdictional authority and police power is limited to 2 its incorporated city limits. Conversely, the City of Vista has the legal authority and duty 3 to design, improve and plan for its surface street improvements as part of its Circulation 4 5 6 7 8 Element of its General Plan, and has done so when it caused to be constructed the Two Intersections in the existing design and configuration; and WHEREAS, the road segments were intended to be connected to future Faraday and Melrose road segments in the City of Carlsbad and thereby complete an 9 integrated regional or inter-city road network to handle regional traffic patterns; and 10 WHEREAS, Section 21081(a)(2) was intended as an alternative finding, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 recognizing that lead agencies have only jurisdiction and authority which is limited to their boundaries; and WHEREAS, it is an express statutory alternative to requiring physical mitigation under the precise circumstances outlined here. The City of Vista has the responsibility for adequately designing and improving its circulation and other surface streets, taking into account the surrounding long standing land uses elsewhere in the region and that responsibility should not be transferred to the lead agency; and WHEREAS, Vista, apparently did not exercise that responsibility to fully improve or design the Two Intersections so as to accommodate the projected future regional traffic loads it; and WHEREAS, Vista had the present ability to condition projects within its jurisdiction to construct and pay for needed and anticipated traffic circulation improvements and invited and planned for them as evidenced by Vista's constructing Faraday and Melrose to the very City limits of Carlsbad; and WHEREAS, the identified mitigation (improvement of the Two Intersections) is (1) outside the jurisdiction of Carlsbad, (2) within the jurisdiction of Vista, Page 3 of Resolution No. 2002-298 May 16, 2023 Item #5 Page 44 of 48 1 and (3) can or should be undertaken by Vista as part of its public street network and 2 General Plan Circulation Element; and 3 4 5 6 7 WHEREAS, to conclude otherwise, would be to delay, frustrate, delete or otherwise interfere with governmental duties and powers Vista exercises within its own city limits, while the cities around Vista, including Carlsbad, undertake to adequately size and design the public street intersections within its own city to handle both existing and future traffic patterns created by the interconnecting regional road network; and 8 9 10 11 WHEREAS, Vista's request for money .to improve the Two Intersections does not relieve it of its responsibility to design, improve and fund traffic circulation improvements within its jurisdiction which should have been exercised previously for 12 those projects which have generated traffic both in Vista and Carlsbad and regionally; 13 and 14 15 16 17 WHEREAS, the request for money will not relieve or eliminate any adverse environmental impacts until and unless the improvements are constructed; and WHEREAS. Vista has previously approved numerous projects within its 18 jurisdiction that have generated traffic in Carlsbad and throughout the region without 19 mitigation conditions in those other jurisdictions, 20 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of 21 Carlsbad, California, as follows: 22 23 24 25 26 27 28 1. 2. That the above recitations are true and correct. That the Environmental Impact Report (EIR 98-08) on the above referenced project is certified and that the Candidate Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 5244, on file with the City Clerk and incorporated Page 4 of Resolution No. 2002-298 May 16, 2023 Item #5 Page 45 of 48 herein by reference, are the findings and conditions of the City Council except as 2 modified below. 3 4 5 6 7 8 3. That the recommendation of the Planning Commission for the approval of the General Plan Amendment (GPA 97-05) as shown in Planning Commission Resolution No. 5245, is hereby accepted, approved in concept and shall be formally approved in connection with General Plan Amendments GPA 98-03, and GPA 01-13. 9 4. That the recommendation of the Planning Commission for the 10 approval of the Zone Change (ZC 97-05) is approved and that the findings and 11 12 13 14 15 16 17 18 conditions of the Planning Commission contained in Planning Commission Resolution No. 5246, on file with the City Clerk and incorporated herein by reference, as the findings and conditions of the City Council and Ordinance No. NS-645 shall be adopted according to law. (a) Condition: This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFO No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the 19 annexation is completed. The City Manager is authorized to extend the 60 days, for a 20 21 22 23 24 25 26 27 28 period deemed necessary, upon a showing of good cause. (b) Revisions: The following revisions shall be incorporated into the final draft of the Specific Plan: (1) Second "unnumbered" page of Specific Plan under owner: Delete Escondido Serenas Development, Inc. (2) Page 111-22: § G, Item 1a. Line 4 shall be revised to read as follows: " ... one (secondary) permanent ground sign, not to exceed 12 feet in length and 4 feet in height, will be ... " Page 5 of Resolution No. 2002-298 May 16, 2023 Item #5 Page 46 of 48 5. The Two Intersections are outside the City limits of Carlsbad and 2 therefore, under CEQA Section 21081 (a)(3), the identified mitigation (improvement of the 3 Two Intersections) is not feasible for Carlsbad because of lack of jurisdiction in the City 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 of Vista and limitations on the exercise of governmental authority and police power to its own incorporated area and recognizing the fact that CEQA does not grant additional police power or jurisdiction, the improvement of the Two Intersections is beyond the authority of Carlsbad and hence infeasible within the meaning of CEQA. 6. The Findings of Fact and Statement of Overriding Considerations attached to Planning Commission Resolution No. 5244 are incorporated except as modified herein. The Statement of Overriding Considerations beginning a page 62 recognize that the EIR identifies several significant environmental impacts that are not being mitigated and the City of Carlsbad sets forth the specific overriding economic, legal, social and other benefits of the project that outweigh the identified unmitigated significant effects on the environment associated with the project. The Statement of Overriding Considerations set forth in the Final Program EIR are hereby supplemented to make it clear that the Statement of Overriding Considerations is adopted with regard to, and applies to, the Two Intersections and the inability to cause the identified mitigation of 20 Two Intersections in addition to the other identified unmitigated significant effects. This 21 22 23 24 25 26 27 28 clarification is made on an alternative basis under CEQA Section 21081(b), in addition to and not in substitution of the prior finding under CEQA Section 21081(a)(2). 7. That the recommendation of the Planning Commission for the approval of the Zone 16 Local Facilities Management Plan Amendment (LFMP 16(A)) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 5248, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. Page 6 of Resolution No. 2002-298 May 16, 2023 Item #5 Page 47 of 48 1 8. This action is final the date this resolution is adopted by the City 2 Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for 3 Judicial Review" shall apply: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "NOTICE TO APPLICANT' "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 Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial 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 of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is 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 request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. II II II II II fl fl If II Page 7 of Resolution No. 2002-298 May 16, 2023 Item #5 Page 48 of 48 1 // 2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City 3 Council of the City of Carlsbad on the 8th day of October 2002, by the following vote, to 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 wit: AYES: NOES: ABSENT: GLAU ATTEST: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall None None ~~ 1n ~ LOR INM.WOQD, City Clerk (SEAL) Page 8 of Resolution No. 2002-298 From: Sent: To: Cc: Subject: Attachments: Dear City Clerk, Ail RecelVe -Agenda Item i § Nelson, Shelley <snelson@allenmatkins.com > For the Information of the: Tuesday, May 16, 202312:11 PM -ifrlf.;'~OUNCJ,L j City Clerk Dat~CJ'-✓_cc 7 City Clerk; Cindie McMahon; Ronald Kemp; Eric Lardy; Shann~t~19'ar~~fv1 -DCM {3)_ MKlemens@ionisph.com; benw@pmainc.com; Chine, Jeffrey May 16, 2023 City Council Hearing; lonis Pharmaceuticals -Further Response to Appeal of Site Development Plan 2021 -0029 (DEV2021-0141) 5-16-23 Letter to City Council re Appeal-with Exhibit.pdf Attached is correspondence from Jeffrey Chine regarding the above-referenced matter, for your records. Kind regards, Shelley Shelley Nelson I Legal Secretary for Jeffrey A. Chine, Michael C. Pruter, Geoffrey K. Stauffer, and Lauren E. Palmer Direct (619) 235-1555 x32238 I snelson@allenmatkins.com Allen Matkins Leck Gamble Mallory & Natsis LLP One America Plaza, 600 West Broadway, 27th Floor San Diego, CA 92101-0903 Allen Matkins Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you. CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Allen Matkins Via Electronic Mail -clerk@carlsbadca.gov May 16, 2023 Carlsbad City Council c/o City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law One America Plaza 600 West Broadway, 27"' Floor I San Diego, CA 92101-0903 Telephone: 619.233.1155 I Facsimile: 619.233.1158 www.allenmatkins.com Jeffrey A. Chine E-mail: jchine@allenmatkins.com Direct Dial: 6192351525 File Number: 392487.00002/4878-03 l 6-4260. l Re: May 16, 2023 City Council Hearing; Ionis Pharmaceuticals -Further Response to Appeal of Site Development Plan 2021-0029 (DEV2021- 0141) Honorable Mayor Blackbum and City Council Members: This firm represents Ionis Pharmaceuticals, Inc. in connection with its proposed research and development project ("Project") located on the north side of Whiptail Loop, Assessor's Parcel Numbers 209-120-23 and -24. We previously sent a letter, dated May 9th, objecting to the appeal submitted by Supporters Alliance for Environmental Responsibility ("SAFER") on March 7, 2023, challenging the Planning Commission's CEQA determination for the Project Site Development Plan 2021-0029 (DEV202 l-O 141 ). SAFER has just submitted new information to the City in support of its appeal, in direct violation of the Municipal Code. Both the letter from SAFER's attorney dated May 12th and the attached exhibit include information not provided to the City or the applicant in a timely manner, and importantly, not provided to the Planning Commission in connection with its consideration of the Project. The Municipal Code prohibits an appellant from creating new arguments and producing new evidence after the Planning Commission's review of a development project. SAFER's strategy is to ambush the City and applicant by manufacturing evidence after the fact, in clear contravention of the City's rules. Therefore, all materials submitted by SAFER on May 12th should be deemed inadmissible and not considered in the appeal. Even if the materials had been timely submitted, SAFER's arguments lack merit. Included herewith is a detailed response to the untimely claims made by SAFER from RECON Environmental, Inc., which we request be included in the administrative record for the Project. Los Angeles I Orange County I San Diego I Century City I San Francisco Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law May 16, 2023 Page 2 We urge the City Council to summarily deny the appeal. Very truly yours, {},(!?/ Jeffrey A. Chine JAC cc: Sherry Preisinger, City Clerk Via Email-clerk@carlsbadca.gov Cindie K. McMahon, City Attorney Via Email-Cindie.McMahon@carlsbadca.gov Ronald Kemp, Senior Assistant City Attorney Via Email-ronald.kemp@carlsbadca.gov Eric Lardy, City Planner Via Email-eric.lardy@carlsbadca.gov Shannon Harker, Project Planner Via Email-shannon.harker@carlsbadca.gov Mallorie Klemens, Ionis Pharmaceuticals, Inc.-Via Email-MKlemens@ionisph.com Ben Wilson, Project Management Advisors, Inc. Via Email-benw@pmainc.com REC ON An Employee-Owned Company May 16, 2023 Mr. Jeffrey A. Chine Partner Allen Matkins 600 West Broadway, 27th Floor San Diego, CA 92101-0903 Reference: Response to SAFER Appeal for Ion is Lot 21 and Lot 22 (RECON No. 9867) Dear Mr. Chine: RECON Environmental, Inc. (RECON) has reviewed the correspondence submitted by Lozeau Drury LLP on behalf of the Supporters Alliance For Environmental Responsibility (SAFER) in support of their appeal regarding the lonis Lot 21 and Lot 22 project dated May 12, 2023. We offer the following responses. I. The project is not exempt from further CEQA review because new mitigation measures are available to address air quality impacts since certification of the 2002 Specific Plan EIR. . The comment claims that the availability of Tier 4 construction equipment standards as a mitigation measure qualifies as new information. The comment further identifies available mitigation measures that could be applied to the project. A project-specific Air Quality Analysis has been prepared by RECON. The project site has already been mass graded and no further mass grading, blasting, or rock crushing activities are required. The Air Quality Analysis demonstrates that construction of the proposed project would not result in e~issions that exceed the applicable thresholds. The analysis modeled default construction equipment engine tiers. The use of Tier 4 construction equipment and other measures identified in the comment letter would further reduce emissions from what was modeled in the Air Quality Analysis, however, because emissions would be less than the applicable thresholds, these additional measures would not be required as mitigation. All construction activities would comply with current SbAPCD Rules and Regulations, CARB regulations, and EPA emission standards. Additionally, as detailed in the Air Quality Ana lysis, the project would implement construction best management practices and would be conducted in accordance with CARB regulations. Specifically, the project would implement the following Best Available Control Technology for Toxics (T-BACT) measures during construction: • The construction fleet shall use any combination of diesel catalytic converters, diesel oxidation catalysts, diesel particu late filters and/or utilize CARB/U.S. EPA Engine Certification Tier 3 or better, or other equivalent methods approved by the CARB. • The engine size of construction equipment sha ll be the minimum size suitable for the required job. • Construction equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications. 3111 Camino del Rio North, Suite 600, San Diego, CA 92108-5726 I 619.308.9333 I reconenvironmental.com SAN DIEGO I BAY AREA I TUCSON Mr. Jeffrey A. Chine Page 2 May 16, 2023 • Per CARB's Airborne Toxic Control Measures 13 (California Code of Regulations Chapter 10 Section 2485), the applicant shall not allow idling time to exceed 5 minutes unless more time is required per engine manufacturers' specifications or for safety reasons. These measures are required per regulatory compliance and would not be considered mitigation measures. Because construction-related emissions would be less than the applicable thresholds and the project would implement all T-BACT measures as required by CARB, construction-related air quality impacts would be less than significant. 11. The project requires a new EIR and Statement of Overriding Considerations due to the remaining significant and unavoidable impacts. The comment claims that "even though air quality impact were found significant and unavoidable in the 2002 EIR and the City adopted a statement of overriding considerations at the time, the City cannot adopt one statement of overriding considerations for a prior, more general EIR, and then avoid future political accountability by approving later, more specific projects with significant unavoidable impacts pursuant to the prior EIR and statement of overriding considerations." As it relates to air quality impacts, the project-specific Air Quality Analysis prepared for the current project demonstrates that the project would not result in any significant air quality impacts. 111. The Exemption Checklist's Analysis of the Project's Energy Impacts is Inadequate. Sincerely, The 2002 EIR did not address energy impacts in detail. The comment claims that the Exemption Checklist does not provide the necessary analysis to determine the significance of energy impacts. A Climate Action Plan Consistency Checklist has been prepared for the project. It demonstrates how the project would reduce energy consumption. Additionally, the project would be constructed in accordance with 2022 Title 24 energy code requirements, which are increasingly strict over previous code requirements, and would be served by SDG&E which is increasing renewable energy in accordance with Renewables Portfolio Standard (RPS) requirements. ~~- Jesska Fleming d Senior Technical Specialist Noise, Air Quality, Greenhouse Gas From: Sent: To: Faviola Medina . 5 Tuesda , Ma 16, 2023 9:38 AM All Receive -Agend_a Item #_ · I yk y For the Information of the: City C er CITY COUNCIL Subject: :W: CC Hea:ing-Item No. 5, additional correspondence rec''tlate}J&.12-) CA ✓ cc~ 1mage001.g1f; Recon_Memo_SAFER_Appeal_Comments.pdf CM _ACM-✓-DCM (3) _ Attachments: Follow Up Flag: Flag Status: Follow up Flagged From: Shannon Harker <Shannon.Werneke@carlsbadca.gov> Date: May 16, 2023 at 8:56:56 AM PDT To: Kaylin McCauley <kaylin.mccauley@carlsbadca.gov> Cc: Eric Lardy <Eric.Lardy@carlsbadca.gov>, Tammy Cloud-McMinn <Tammy.McMinn@carlsbadca.gov> Subject: CC Hearing-Item No. ~, additional correspondence rec'd Hi Kaylin, Attached please find a letter we received this morning from IONIS' environmental consultant. It is a response to the letter received from the appellant yesterday. Please distribute to City Council and post online. Thank you! s n Cl 111,V\,O 111, SHANNON HARKER Senior Planner Community Development Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov 442-339-2621 I shannon.harker@carlsbadca.gov Development or Planning-related Inquiries The Planning Team is here to assist you with resources online, by phone (442) 339-2610, by email planning@carlsbadca.gov, or in-person by appointment. Appointment-Based Submittals Appointments for new projects can be made online. Application Resubmittals Please contact your planner directly to schedule a resubmittal drop-off appointment. Faceb'ook I Twitter I You Tube I Flickr I Pinterest I Enews 1 REC O N An Employee-Owned Company May 15, 2023 Mr. Jon Ohlson Senior Associate /Project Executive DGA 2550 Fifth Avenue, Suite 115 San Diego, California 92103 Reference: Response to SAFER Appeal for lonis Lot 21 and Lot 22 (REC ON No. 9867) .. Dear Mr. Ohlson: RECON Environmental, Inc. (RECON) has reviewed the correspondence submitted by Lozeau Drury LLP on behalf of the Supporters Alliance For Environmental Responsibility (SAFER) in support of their appeal regarding the lion is Lot 21 and Lot 22 project dated May 12, 2023. We offer the following responses. I. The project is not exempt from further CEQA review because new mitigation measures are available to address air quality impacts since certification of the 2002 Specific Plan EIR. The comment claims that the availability of Tier 4 construction equipment standards as a mitigation measure qualifies as new information. The comment further identifies available mitigation measures that could be applied to the project. A project-specific Air Quality Analysis has been prepared by RECON. The project site has already been mass graded and no further mass grading, blasting, or rock crushing activities are required. The Air Quality Analysis demonstrates that construction of the proposed project would not result in emissions that exceed the applicable thresholds. The analysis modeled default construction equipment engine tiers. The use of Tier 4 construction equipment and other measures identified in the comment letter would further reduce emissions from what was modeled in the Air Quality Analysis, however, because emissions would be less than the applicable thresholds, these additional measures would not be required as mitigation. All construction activities would comply with current SDAPCD Rules and Regulations, CARB regulations, and EPA emission standards. Additionally, as detailed in the Air Quality Analysis, the project would implement construction best management practices and would be conducted in accordance with CARB regulations. Specifically, the project would implement the following Best Available Control Technology for Toxics (T-BACT) measures during construction: • The construction fleet shall use any combination of diesel catalytic converters, diesel oxidation catalysts, diesel particulate filters and/or utilize CARB/U.S. EPA Engine Certification Tier 3 or better, or other equivalent methods approved by the CARB. • The engine size of construction equipment shall be the minimum size suitable for the required job. • Construction equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications. 3111 Camino del Rio North, Suite 600, San Diego, CA 92108-5726 I 619.308.9333 I reconenvironmental.com SAN DIEGO I BAY AREA I TUCSON Mr. Jon Ohlson Page 2 May 15, 2023 • Per CARB's Airborne Toxic Control Measures 13 (California Code of Regulations Chapter 10 Section 2485), the applicant shall not allow idling time to exceed 5 minutes unless more time is required per engine manufacturers' specifications or for safety reasons. These measures are required per regulatory compliance and would not be considered mitigation measures. Because construction-related emissions would be less than the applicable thresholds and the project would implement all T-BACT measures as required by CARB, construction-related air quality impacts would be less than significant. II. The project requires a new EIR and Statement of Overriding Considerations due to the remaining significant and unavoidable impacts. The comment claims that "even though air quality impact were found significant and unavoidable in the 2002 EIR and the City adopted a statement of overriding considerations at the time, the City cannot adopt one statement of overriding considerations for a prior, more general EIR, and then avoid future political accountability by approving later, more specific projects with significant unavoidable impacts pursuant to the prior EIR and statement of overriding considerations." As it relates to air quality impacts, the project-specific Air Quality Analysis prepared for the current project demonstrates that the project would not result in any significant air quality impacts. Ill. The Exemption Checklist's Analysis of the Project's Energy Impacts is Inadequate. Sincerely, The 2002 EIR did not address energy impacts in detail. The comment claims that the Exemption Checklist does not provide the necessary analysis to determine the significance of energy impacts. A Climate Action Plan Consistency Checklist has been prepared for the project. It demonstrates how the project would reduce energy consumption. Additionally, the project would be constructed in accordance with 2022 Title 24 energy code requirements, which are increasingly strict over previous code requirements, and would be served by SbG&E which is increasing renewable energy in accordance with Renewables Portfolio Standard (RPS) requirements. ~¼~ Jessica Fleming {) Senior Technical Specialist Noise, Air Quality, Greenhouse Gas From: Sent: To: Subject: Attachments: Follow Up Flag: Due By: Flag Status: Brian Flynn <brian@lozeaudrury.com> Friday, May 12, 2023 1 :40 PM Council Internet Email; City Clerk All Receive -Agenda Item # ..S For the Information of the: Li I f CUOM~f'. J OateJ t<a'Z?ety cc ~ CM_ACM_✓_DCM {3)_ ..J SAFER Appeal Comment_ IONIS Lots 21 & 22 ($DP 2021-0029; DEV2021-0141) 2023.05.12 SAFER Appeal Comment_lONIS Lots 21_22 (SDP 2021-0029; DEV2021-0141).pdf Follow up Monday, May 15, 2023 8:30 AM Flagged Dear Mayor Blackburn, Mayor Pro Tern Bhat-Patel, Honorable City Council Members, and Ms. Freisinger, Please find attached correspondence submitted on behalf of the Supporters Alliance For Environmental Responsibility (SAFER) in support of their appeal regarding the IONIS Lot 21 & 22 Project (SDP 2021-0029; DEV2021-0141) to be heard at the City Council's May 16 meeting. Acknowledgement of this email and attachment would be greatly appreciated. Thank you, Brian B. Flynn Lozeau I Drury LLP 1939 Harrison Street, Suite 150 Oakland, California 94612 (510) 836-4200 (510) 836-4205 (fax) brian@lozeaudrury.com CAUTION: Do not open attachments or click on links unless 1 nize the sender and know the content i BYE-MAIL May 12, 2023 Keith Blackbum, Mayor T 510.836.4200 F 510.836.4205 Priya Bhat-Patel, Mayor Pro Tern Melanie Burkholder, Council Member Carolyn Luna, Council Member Teresa Acosta, Council Member City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 council@carlsbadca.gov Re: SAFER Appeal 1939 Harrison Street, Ste. 150 Oakland. CA 94612 www.lozeaudrury.com brian@lozeaudrury.com Sherry Preisinger, City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 clerk@carlsbadca.gov JONIS Lots 21 & 22 (SDP 2021-0029; DEV2021-0141) Carlsbad City Council May 16, 2023 Meeting Dear Mayor Blackbum, Mayor Pro Tern Bhat-Patel, and Honorable City Council Members: This correspondence is submitted on behalf of the Supporters Alliance For Environmental Responsibility ("SAFER") in support of their appeal regarding the IONIS Lot 21 & 22 Project (SDP 2021-0029; DEV2021-0141), which proposes the development of a 164,833- square-foot, 48-foot-tall, three-story R&D building and a 21-foot-tall, three-level parking structure on an 8.37-acre site on the north side of Whiptail Loop ("Project"). On March 1, 2023, the Carlsbad Planning Commission approved the Project, finding that the Project was covered by the 2002 Carlsbad Oaks North Specific Plan Environmental Impact Report ("2002 Oaks North Specific Plan EIR") and, as a result, no additional environmental review of the Project was required under the California Environmental Quality Act ("CEQA"). However, where new mitigation measures are available to reduce a project's significant impacts, CEQA requires the additional environmental review and the preparation of an environmental impact report ("EIR") or negative declaration. · As discussed below, since the City's certification of the Oaks North Specific Plan EIR in 2002, new mitigation measures have become available to reduce the significant impacts identified in the 2002 EIR, specifically measures to address significant air quality impacts. Therefore, the Planning Commission's decision to forego further environmental review of the Project was in error and an EIR or negative declaration is required for the Project. SAFER SAFER Appeal Comment IONIS Lots 21 & 22 (SDP 2021-0029; DEV2021-0141) May 12, 2023 Page 2 of 9 respectfully requests that the City Council correct the Planning Commission's error by granting SAFER's appeal and ensuring that the Project complies with CEQA prior to approval. PROJECT DESCRIPTION AND BACKGROUND In 2002, the City certified the Oaks North Specific Plan EIR, which serves as a program EIR for the Oaks North Business Park, a 414-acre industrial park with 23 industrial lots, 3 open space lots, 1 lot for employee picnic area, and a maximum of 1,921,000 square feet of light industrial/business park uses. As the EIR explained, "[A] Program EIR is appropriate for a series of actions that can be characterized as one large project, are related geographically, and as logical parts in the chain of contemplated actions in connection with issuance of rules, regulations or plans .... When future discretionary actions related to the Specific Plan, roadways, or sewer are proposed, the City will examine the action to determine whether the effects were fully analyzed in the Program EIR, in accordance with CEQA Guidelines Section 15162." (2002 Oaks North Specific Plan EIR, p. 1-2.) The Oaks North Specific Plan EIR found significant and unavoidable environmental impacts to traffic, air quality, biological resources. (Id. at pp. 2-5 to 2-8, 2-13.) Since certification of the 2002 Oaks North Specific Plan EIR, the lots of been terraced and graded and a majority of the lots are developed and in-use. The Project applicant, IONIS Pharmaceuticals, proposes the construction of a 164,833 square-foot, 48-foot-tall, three-story R&D building and a 21-foot-tall, three-level parking structure on a 8.37-acre site comprised of two of the undeveloped lots (Lots 21 and 22) of the Oak North Business Park. Construction of the Project is expected to occur over an approximately 18-month period. For CEQA review of the Project, the City prepared a "Statement of Reasons for Streamlined Review and Exemption from Additional Environmental Review Checklist Pursuant to CEQA Guidelines§ 15168" ("Exemption Checklist"). The Exemption Checklist concluded that the Project is within the scope of the 2002 North Oaks Specific Plan EIR and that no further environmental review of the Project was required under CEQA. LEGAL STANDARD The 2002 Oaks North Specific Plan EIR serves as a program EIR for the Oaks North Business Park. For program EIRs, "later activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared." (14 CCR§ 15168(c).) A program EIR may only serve "to the extent that it contemplates and adequately analyzes the potential environmental impacts of the project." (Sierra Nevada Conservation v. County of El Dorado (2012) 202 Cal.App.4th 1156, 1171 [ quoting Citizens for Responsible Equitable Envtl. Dev. v. City of San Diego Redevelopment Agency (2005) 134 Cal.App.4th 598, 615].) No new environmental document for a project is required if the project is "within the scope" of the program EIR. (14 CCR§ 15168(c)(2).) Whether a project is "within the scope" of the program EIR is determined by whether a subsequent EIR is required under Guidelines section 15162. (Id.) SAFER Appeal Comment IONIS Lots 21 & 22 (SDP 2021-0029; DEV2021-0141) May 12, 2023 Page 3 of 9 Pursuant to Guidelines sections 15162(a) and 15168( c ), a project is not within the scope of a previous program EIR where: (1) Substantial changes ate proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) · New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. If a later project is outside the scope of the program, then it is treated as a separate project and the lead agency must prepare an initial study to determine "whether the later project may cause significant effects on the environment that were not examined in the prior environmental impact report." (PRC§ 21094(c); see Sierra Club v. County of Sonoma (1992) 6 Cal.App.4th 1307, 1320-21.) If there is a fair argument that the Project may result in new significant impacts, the agency must prepare an EIR, which can "tier" off the program EIR. (PRC§ 21094; 14 CCR§ 15168(c)(l).) The tiered EIR may "incorporate by reference the discussion in any prior [EIR] and[] concentrate on the environmental effects which (a) are capable of being mitigated, or (b) were not analyzed as significant effects on the environment in the prior [EIR]" (PRC§ 21068.5.) Furthermore, when a "first tier" EIR admits significant and unavoidable environmental impacts, a subsequent project with the same significant and unavoidable impacts requires its own EIR and statement of overriding considerations prior to approval. ( Communities for a Better Envt. v. Cal. Res. Agency (2002) 103 Cal.App.4th 98, 122-25.) SAFER Appeal Comment IONIS Lots 21 & 22 (SDP 2021-0029; DEV2021-0141) May 12, 2023 Page 4 of 9 DISCUSSION I. The Project Is Not Exempt From Further CEQA Review Because New Mitigation Measures Are Available to Address Air Quality Impacts Since Certification of the 2002 Specific Plan EIR. The City can only exempt the Project from further CEQA review if the Project is "within the scope" of the 2002 Oaks North Specific Plan EIR, as determined by the criteria of Guidelines section 15162. (14 CCR § 15168( c )(2).) Pursuant to Guidelines section 15162, the Project is not within the scope of the 2002 EIR where new information since the certification of the 2002 EIR demonstrates that mitigation measures "which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure." (14 CCR § l 5 l 62(a)(3)(D).) The 2002 Oaks North Specific Plan EIR concluded that that implementation of the specific plan would have significant and unavoidable air quality impacts. (2002 EIR, pp. 2-6, 2- 8.) Specifically, the 2002 EIR concluded that construction emissions ofNOx and PMIO and operational emissions of CO, ROG, NOx and PMl0 would be significant and unavoidable. (Id.) The 2002 EIR also concluded that the cumulative air quality impact on the region would be significant and unavoidable. (2002 EIR, p. 2-24.) For these significant and unavoidable impacts, the 2002 EIR required two mitigation measures: AQ-1. During the clearing, grading, earth moving or excavation on the project site, the following measures shall be implemented: • Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures; • Maintain equipment engines in proper tune; • Seed and water until vegetation cover is grown; • Spread soil binders; • Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pickup by the wind; • Street kweeping, should silt be carried over to adjacent public thoroughfares; • Use water trucks or sprinkler systems to keep all areas where vehicles move dirt enough to prevent dust raised when leaving the site; • Wet down areas in the late morning and after work is completed for the day; • Use of low sulfur fuel (0.5% by weight) for construction equipment; • Soil erosion measures; • Water exposed surfaces two times per day; • Reduce speeds on unpaved roads to 15 mph or less; and • Water haul roads two times per day . SAFER Appeal Comment IONIS Lots 21 & 22 (SDP 2021-0029; DEV2021-0141) May 12, 2023 Page 5 of 9 AQ3. The following measures shall be implemented as feasible for all subsequent development projects within the project area as identified in the City of Carlsbad General Plan Final Master Environmental Impact Report: • • • • • • • Provide within the proposed development, a commercial site designated to serve the commercial needs of the occupants of the business park. Development within Carlsbad Oaks North shall provide traffic control devices along all roadway segments and at intersections and interconnect and synchronize the operation of traffic signals along arterial streets, whenever feasible. Development and businesses within Carlsbad Oaks North shall encourage commuter usage of busses, carpools and vanpools. Provide, whenever possible, incentives for car pooling, flex-time, shortened work weeks, and telecommunications and other means of reducing vehicular miles traveled. Develop and implement employer incentive programs to encourage the placement of strategic bicycle storage lockers, and the construction of safe and convenient bicycle facilities. Development within Carlsbad Oaks North shall provide shade trees to reduce building heating ( cooling) needs. Development within Carlsbad Oaks North shall use energy efficient low- sodillln parking lot lights. Development within Carlsbad Oaks North shall use light colored roof materials to reflect heat. (2002 EIR, pp. 2-6 to 2-8.) Even though the City's Exemption Checklist for the Project admits that the above measures may not reduce the Project's impacts to less than significant, the Exemption Checklist astoundingly concludes that "[t]here are no feasible mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project." (Exemption Checklist, pp. 10-11.) The Checklist misstates the legal standard. The question is not whether the 2002 EIR only found certain mitigation measures to be infeasible, but whether new information since the certification of the 2002 EIR demonstrates the availability of "considerably different" mitigation measures OR now- feasible mitigation measures. (14 CCR§ 15162(a)(3)(C)-(D).) More importantly, the Checklist ignores that over the 20+ years since the 2002 EIR was certified, numerous mitigation measures are now available. For example, the Exemption Checklist notes that, since 2022, "the EPA adopted new tiers of emission standards for nonroad equipment. To meet new Tier 4 emission standards, engine manufacturers produce new engines with advanced emission control technologies and maintenance intervals to reduce diesel exhaust." (Exemption Checklist, p. 10.) However, the SAFER Appeal Comment IONIS Lots 21 & 22 (SDP 2021-0029; DEV2021-0141) May 12, 2023 Page 6 of 9 Exemption Checklist fails to disclose that there is no requirement that the Project's construction equipment meet the Tier 4 standards. In 2004, the EPA adopted regulations phasing in progressively heightened emissions standards for heavy-duty construction equipment, specifically aimed at reducing emissions of NOx and PM, with Tier 4 standards taking effect in 2008. (69 Fed. Reg. 38958.) Notably, the EPA rules only apply to manufacturers and importers of the equipment, not to the equipment's users. (Id.) In other words, unless the City expressly requires the Project to utilize Tier 4 equipment, the Project is free to utilize lower standard equipment with greater emtssions of NOx and PM. The availability of Tier 4 standards as a mitigation measure for the Project's air quality impacts qualifies as new information that could not have been known at the time the 2002 Oaks North Specific Plan EIR was certified, since they were not announced until 2004 and not phased in until 2008. Requiring Tier 4 equipment is not only currently feasible, but it is also considerably different from the mitigation measures in the 2002 EIR, which did not have any standards for construction engines except that they be kept "in proper tune." Due to the availability of this new mitigation, the Project is not within the scope of the 2002 EIR pursuant to Guidelines sections 15162 and 15168. Unless this mitigation is applied to the Project, CEQA requires an initial study, followed by an EIR or negative declaration that can tier from the 2002 EIR where applicable. SAFER has also retained air quality experts Matt Hagemann, P.O., C.Hg., and Paul E. Rosenfeld, Ph.D., of the Soil/Water/Air Protection Enterprise ("SW APE") to review the Project. · SW APE' s comment is attached hereto as Exhibit A. SW APE identified numerous feasible mitigation measures, including and in addition to Tier 4 equipment, that could be applied to the Project. SW APE' s suggested mitigation measures include: Diesel nonroad vehicles on site for more than 10 total days shall have either (1) engines that meet EPA on road emissions standards or (2) emission control technology verified by EPA or CARB to reduce PM emissions by a minimum of 85% Diesel generators on site for more than 10 total days shall be equipped with emission . control technology verified by EPA or CARB to reduce PM emissions by a minimum of 85%. Diesel nonroad construction equipment on site for more than 10 total days shall have either (1) engines meeting EPA Tier 4 nonroad emissions standards or (2) emission control technology verified by EPA or CARB for use with nonroad engines to reduce PM emissions by a minimum of 85% for engines for 50 hp and greater and by a minimum of 20% for engines less than 50 hp. Emission control technology shall be operated, maintained, and serviced as recommended by the emission control technology manufacturer. The construction contractor shall maintain a list of all diesel vehicles, construction equipment, and generators to be used on site. The list shall include the following: SAFER Appeal Comment IONIS Lots 21 & 22 (SDP 2021-0029; DEV2021-0141) May 12, 2023 Page 7 of 9 1. Contractor and subcontractor name and address, plus contact person responsible for the vehicles or equipment. 11. Equipment type, equipment manufacturer, equipment serial number, engine manufacturer, engine model year, engine certification (Tier rating), horsepower, engine serial number, and expected fuel usage and hours of operation. iii. For the emission control technology installed: technology type, serial number, make, model, manufacturer, EP A/CARB verification number/level, and installation date and hour-meter reading on installation date. The contractor shall establish generator sites and truck-staging zones for vehicles waiting to load or unload material on site. Such zones shall be located where diesel emissions have the least impact on abutters, the general public, and especially sensitive receptors such as hospitals, schools, daycare facilities, elderly housing, and convalescent facilities. The contractor shall maintain a monthly report that, for each on road diesel vehicle, nonroad construction equipment, or generator onsite, includes: 1. Hour-meter readings on arrival on-site, the first and last day of every month, and on off-site date. ii. Any problems with the equipment or emission controls. iii. Certified copies of fuel deliveries for the time period that identify: 1. Source of supply 2. Quantity of fuel 3. Quantity of fuel, including sulfur content (percent by weight) (Ex. A, pp. 3-4.) The feasibility of these measures is demonstrated by the fact that they are all included in the Southern California Association of Governments' recent 2020 Connect SoCal Program EIR. (Ex. A, p. 3.) Unless these measures are applied to the Project, the Project is outside the scope of the 2002 EIR and CEQA requires an initial study, followed by an EIR or negative declaration that can tier from the 2002 EIR where applicable. II. The Project Requires a New EIR and Statement of Overriding Considerations Due to the Remaining Significant and Unavoidable Impacts. In addition to the requirement for a new EIR due to the availability of new mitigation measures, an EIR is also required for the Project due to impacts that remain significant and unavoidable. When a prior EIR, such as the 2002 Oaks North Specific Plan EIR, admits significant and unavoidable impacts, a later project requires its own EIR and statement of overriding considerations for any impacts that remain significant and unavoidable. (Communities for a Better Envt., supra, 103 Cal.App.4th at 124-25.) The 2002 Oaks North Specific Plan EIR found significant and unavoidable impacts to air quality, biological resources, and traffic. (Oaks North Specific Plan, pp. 2-5 to 2-8, 2-13.) For the Project's air quality impacts, the Exemption Checklist concluded that "not all impacts may be reduced to less than significant levels." (Exemption Checklist, p. 11.) Even though air quality SAFER Appeal Comment IONIS Lots 21 & 22 (SDP 2021-0029; DEV2021-0141) May 12, 2023 Page 8 of 9 impacts were found significant and unavoidable in the 2002 EIR and the City adopted a statement of overriding considerations at that time, the City cannot "adopt one statement of overriding considerations for a prior, more general EIR, and then avoid future political accountability by approving later, more specific projects with significant unavoidable impacts pursuant to the prior EIR and statement of overriding considerations." ( Communities for a Better Envt., supra, 103 Cal.App.4th at 124.) Therefore, the Project requires its own EIR and statement of overriding considerations to ensure that the City "go on the record and explain specifically why they are approving the later project despite its significant unavoidable impacts." (Id. at 125.) III. The Exemption Checklist's Analysis of the Project's Energy Impacts Is Inadequate .. The 2002 Oaks North Specific Plan EIR did not address energy use impacts in any detail. The EIR's Initial Study merely concluded, "This project does not conflict with any adopted energy conservation plans nor use nonrenewable resources in a wasteful and inefficient manner." (2002 EIR Initial Study, p. 13.) The Exemption Checklist merely notes that the Project will comply with eh City's Climate Action Plan ("CAP") and concludes, "The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR." (Exemption Checklist, p. 17.) The Exemption Checklist does not provide the necessary analysis to determine whether the Project would result in wasteful, inefficient, or unnecessary consumption of energy resources and, therefore, cannot be relied upon to conclude that energy impacts are less than significant Energy conservation under CEQA is defined as the "wise and efficient use of energy." (CEQA Guidelines, App. F, § I.) The "wise and efficient use of energy" is achieved by "(1) decreasing overall per capita energy consumption, (2) decreasing reliance on fossil fuels such as coal, natural gas and oil, and (3) increasing reliance on renewable energy resources." (Id.) In order to assess the Project's energy impacts, CEQA requires that the City undertake "an investigation into renewable energy options that might be available or appropriate." (California Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th 173, 213.) Even where an agency has concluded that a project's impacts on energy resources would be less than significant, a lead agency must still analyze implementation of all "renewable energy options that might have been available or appropriate for [a] project." (League to Save Lake Tahoe v. County of Placer (2022) 75 Cal.App.5th 63 , 166-67.) A lead agency's failure to consider implementation of all feasible renewable energy proposals raised during the environmental review process constitutes a "prejudicial error." (Id. at 168.) Despite CEQA's requirement to consider all renewable energy options, the Exemption Checklist fails to evaluate any alternative energy options and merely relies on compliance with the City's CAP. However, mere compliance with existing regulations does not constitute an adequate analysis of energy impacts. (League to Save Lake Tahoe, supra, 75 Cal.App.5th at 165; Ukiah Citizens for Safety First v. City of Ukiah (2016) 248 Cal. App. 4th 256, 264-65; California SAFER Appeal Comment IONIS Lots 21 & 22 (SDP 2021-0029; DEV2021-0141) May 12, 2023 Page 9 of 9 Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th 173, 209-13.) As such, the Checklist's energy analysis is inadequate and its conclusion that the Project's energy impacts will be less than significant is unsupported. The Project's energy analysis should be updated in an EIR to consider the implementation of all feasible renewable energy features. CONCLUSION For the above reasons, SAFER respectfully requests that the City Council grant the appeal and direct staff to prepare an initial study followed by an EIR or negative declaration, which can tier from the 2002 Oaks North Specific Plan as applicable. Sincerely, Brian B. Flynn Lozeau Drury LLP EXHIBIT A I SWA p E I Technical Consultation, Data Analysis and Litigation Support for the Environment March 17, 2023 Brian Flynn Lozeau I Drury LLP 1939 Harrison Street, Suite 150 Oakland, CA 94618 Subject: Comments on the IONIS Lots 21 & 22 Project Dear Mr. Flynn, 2656 29th Street, Suite 201 Santa Monica, CA 90405 Matt Hagemann, P.G, C.Hg. (949) 887-9013 mhagemann@swape.com Paul E. Rosenfeld, PhD (310) 795-2335 prosenfeld@swape.com We have reviewed the March 2023 Exemption ("Exemption") for the IONIS Lots 21 & 22 Project ("Project") as well as the August 2002 Final Environmental Impact Report ("FEIR") for the Carlsbad Oaks North Specific Plan, located in the City of Carlsbad ("City"). The Project proposes to construct a 164,833- square-foot ("SF") research building and a three-level parking structure on the 8.37-acre site. Our review concludes that the Exemption fails to adequately evaluate the Project's air quality impacts. As a result, emissions and health risk impacts associated with construction and operation of the proposed Project are underestimated and inadequately addressed. A subsequent EIR should be prepared to adequately assess and mitigate the potential air quality impacts that the project may have on the environment. Air Quality Incorrect Reliance on CEQA Guidelines§ 15162 The Exemption claims that no further review is required for the Project pursuant to CEQA Guidelines§ 15162. Specifically, the Exemption claims: "The proposed Project is a "later activity" of the Program EIR. Section 4 of this CEQA Analysis provides an assessment of the Project's environmental impacts relative to what was analyzed in the Program EIR. As described in Section 4, the Project, does not result in environmental effects that were not previously examined. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, no subsequent or supplemental EIR is required. In accordance with CEQA Guidelines Section 15168(c)(2), the city can "approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required" (p. 4). However, according to CEQA Guidelines § 15162: "(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: [ ... ] (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative." According to section (D), a subsequent EIR should be prepared if there are mitigation measures that are considerably different from those analyzed in the previous EIR that would substantially reduce one or more significant effects on the environment. Here, regarding applicable mitigation measures, the Exemption states: "The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a 164,833-SF, 48-foot-tall light industrial building, three-story parking structure and bridge across Whiptail Loop is within the scope of the previously certified Program EIR, and there would be no additional impacts to air quality beyond those analyzed in the Program EIR. The following environmental conditions of approval would apply to the Project to implement requirements of the Program EIR Mitigation Measures: AQ-1 AQ-3" (p. 11). 2 Review of mitigation measures AQ-1 and AQ-3 demonstrates that there are additional mitigation meas ures that could be implemented tofurther reduce the Project 's significant air quality impacts (p. 10, 37). The measures outlined in the following section titled "Feasible Mitigation M eas ures Available to Reduce Emissions" were developed after the 2002 FEIR w as adopted and should be incorporat ed in a subsequent EIR pursuant to CEQA Guidelines§ 15162. Mitigation Feasible Mitigation Measures Available to Reduce Emissions The Exemption states that 2002 FEI R's analys is dem onstrates that the Project w ould res ult in potentially significa nt air quality impacts that should be mitigated further (p. 9, 10). To reduce the Project's emissions, we identified several mitigat ion measures that are applica ble t o the proposed Project. We recommend consideratio n of SCAG's 2020 RTP/SCS PEI R's Air Quality Project Level M itigation M easures ("PMM-AQ-1") as described below: 1 SCAG RTP /SCS 2020-2045 , Air Quality Project Level M itigation Measures -PMM-AQ-1: In accordance w ith provisions of sections 15091(a)(2) and 15126.4(a)(l)(B) of the State CEQA Guidelines, a Lead Agency for a proj ect can and should consider mitigation measures to reduce substantial adverse effects related t o violat ing air quality standards. Such measures may include the following or other comparable measures identified by the Lead Agency: c) Cover trucks when hauling dirt. f) Minimize unnecessary vehicular and machinery activities. j) Require contractors to assemble a comprehensive inventory list (i.e., make, model, engine year, horsepower, emission rates) of all heavy-duty off-road (portable and mobile) equipment (SO horsepower and greater) that could be used an aggregate of 40 or more hours for the construction project. Prepare a plan for approval by the applicable air district demonstrating achievement of the applicable percent reduction for a (ARB-approved fleet. I) Minimize idling time to 5 minutes-saves fuel and reduces emissions. n) Utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators. p) As appropriate require that portable engines and portable engine-driven equipment units used at the project work site, with the exception of on-road and off-road motor vehicles, obtain CARB Portable Equipment Registration with the state or a local district permit. Arrange appropriate consultations with the CARB or the District to determine registration and permitting requirements prior to equipment operation at the site. q) Require projects within 500 feet of residences, hospitals, or schools to use Tier 4 equipment for all engines above 50 horsepower (hp) unless the individual project can demonstrate that Tier 4 engines would not be required to mitigate emissions below sign ificance thresholds. 1 "4.0 Mitigation Measures." Connect SoCal Program Environmental Impact Report Addendum #1, September 2020, available at: https://scag.ca.gov/sites/main/files/file- attachments/fpeir connectsocal addendum 4 mitigationmeasures.pdf?1606004420, p. 4.0-2 -4.0-10; 4.0-19 - 4.0-23; See also: "Certified Final Connect SoCaJ Program Environmental Impact Report." Southern California Association of Governments (SCAG), May 2020, available at: https://scag.ca .gov/peir. 3 r) Projects located within the South Coast Air Basin should consider applying for South Coast AQMD "SOON" funds which provides funds to applicable fleets for the purchase of commercially available low-emission heavy- duty engines to achieve near-term reduction of NOx emissions from in-use off-road diesel vehicles. s) Projects located within AB 617 communities should review the applicable Community Emissions Reduction Plan (CERP) for additional mitigation that can be applied to individual projects. t) Where applicable, projects should provide information about air quality related programs to schools, including the Environmental Justice Community Partnerships (EJCP), Clean Air Ranger Education (CARE), and Why Air Quality Matters programs. u) Projects should work with local cities and counties to install adequate signage that prohibits truck idling in certain locations (e.g., near schools and sensitive receptors). y) Projects that will introduce sensitive receptors within 500 feet of freeways and other sources should consider installing high efficiency of enhanced filtration units, such as Minimum Efficiency Reporting Value (MERV) 13 or better. Installation of enhanced filtration units can be verified during occupancy inspection prior to the issuance of an occupancy permit. z) Develop an ongoing monitoring, inspection, and maintenance program for the MERV filters. aa) Consult the SCAG Environmental Justice Toolbox for potential measures to address impacts to low-income and/or minority communities. bb) The following criteria related to diesel emissions shall be implemented on by individual project sponsors as appropriate and feasible: -Diesel non road vehicles on site for more than 10 total days shall have either (1) engines that meet EPA on road emissions standards or (2) emission control technology verified by EPA or CARB to reduce PM emissions by a minimum of 85% Diesel generators on site for more than 10 total days shall be equipped with emission control technology verified by EPA or CARB to reduce PM emissions by a minimum of 85%. Non road diesel engines on site shall be Tier 2 or higher. Diesel non road construction equipment on site for more than 10 total days shall have either (1) engines meeting EPA Tier 4 non road emissions standards or (2) emission control technology verified by EPA or CARB for use with non road engines to reduce PM emissions by a minimum of 85% for engines for 50 hp and greater and by a minimum of 20% for engines less than 50 hp. Emission control technology shall be operated, maintained, and serviced as recommended by the emission control technology manufacturer. The construction contractor shall maintain a list of all diesel vehicles, construction equipment, and generators to be used on site. The list shall include the following: i. Contractor and subcontractor name and address, plus contact person responsible for the vehicles or equipment. ii. Equipment type, equipment manufacturer, equipment serial number, engine manufacturer, engine model year, engine certification (Tier rating), horsepower, engine serial number, and expected fuel usage and hours of operation. iii. For the emission control technology installed: technology type, serial number, make, model, manufacturer, EPA/CARB verification number/level, and installation date and hour-meter reading on installation date. The contractor shall establish generator sites and truck-staging zones for vehicles waiting to load or unload material on site. Such zones shall be located where diesel emissions have the least impact on abutters, the general public, and especially sensitive receptors such as hospitals, schools, daycare facilities, elderly housing, and convalescent facilities. The contractor shall maintain a monthly report that, for each on road diesel vehicle, non road construction equipment, or generator onsite, includes: i. Hour-meter readings on arrival on-site, the first and last day of every month, and on off-site date. ii. Any problems with the equipment or emission controls. iii. Certified copies of fuel deliveries for the time period that identify: 4 1. Source of supply 2. Quantity of fuel 3. Quantity of fuel, including sulfur content (percent by weight) These measures offer a cost-effective, feasible way to incorporate lower-emitting design features into the proposed Project, which subsequently, reduce emissions released during Project constru ction. Furthermore, as it is policy of the State that eligible renewable energy resources and zero-carbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045, we emphasize the applicability of incorporating solar power system into the Project design. Until the feasibility of incorporating on-site renewable energy production is considered, the Project should not be approved. A subsequent EIR should be prepared to include all feasible mitigation measures, as well as include an updated air quality analysis to ensure the mitigation measures will effectively reduce emissions. The EIR should also demonstrate a commitment to the implementation of these measures prior to Project approval, to ensure that the Project's significant emissions are reduced to the maximum extent possible. Disclaimer SWAPE has received limited discovery regarding this project. Additional information may become available in the future; thus, we retain the right to revise or amend this report when additional information becomes available. Our professional services have been performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable environmental consultants practicing in this or similar localities at the time of service. No other warranty, expressed or implied, is made as to ttie scope of work, work methodologies and protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties. Sincerely, -~ire /1-u-iz~c--- Matt Hagemann, P.G., C.Hg. Paul E. Rosenfeld, Ph.D. 5 Attachment A: Matt Hagemann CV Attachment B: Paul Rosenfeld CV 6 lswAPEI Technical Consultation, Data Analysis and Litigation Support for the Environment Matthew F. Hagemann, P.G., C.Hg., QSD, QSP Education: Attachment A 2656 29th Street, Suite 201 Santa Monica, CA 90405 Matt Hagemann, P.G, C.Hg. (949) 887-9013 mhagemann@swape.com Geologic and Hydrogeologic Characterization Investigation and Remediation Strategies Litigation Support and Testifying Expert Industrial Stormwater Compliance CEQAReview M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA, 1984. B:A. Degree, Geology, Humboldt State University, Arcata, CA, 1982. Professional Certifications: California Professional Geologist California Certified Hydro geologist Qualified SWPPP Developer and Practitioner Professional Experience: Matt has 30 years of experience in environmental policy, contaminant assessment and remediation, stormwater compliance, and CEQA review. He spent nine years with the U.S. EPA in the RCRA and Superfund programs and served as EPA's Senior Science Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of the assessment of seven major military facilities undergoing base closure. He led numerous enforcement actions under provisions of the Resource Conservation and Recovery Act (RCRA) and directed efforts to improve hydrogeologic characterization and water quality monitoring. For the past 15 years, as a founding partner with SW APE, Matt has developed extensive client relationships and has managed complex projects that include consultation as an expert witness and a regulatory specialist, and a manager of projects ranging from industrial stormwater compliance to CEQA review of impacts from hazardous waste, air quality and greenhouse gas emissions. Positions Matt has held include: • Founding Partner, Soil/Water/ Air Protection Enterprise (SW APE) (2003 -present); • Geology Instructor, Golden West College, 2010 -2104, 2017; • Senior Environmental Analyst, Komex H20 Science, Inc. (2000 --2003); • Executive Director, Orange Coast Watch (2001-2004); • Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989- 1998); • Hydrogeologist, National Park Service, Water Resources Division (1998-2000); • Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 - 1998); • Instructor, College of Marin, Department of Science (1990-1995); • Geologist, U.S. Forest Service (1986 -1998); and • Geologist, Dames & Moore (1984-1986). Senior Regulatory and Litigation Support Analyst: With SW APE, Matt's responsibilities have included: • Lead analyst and testifying expert in the review of over 300 environmental impact reports and negative declarations since 2003 under CEQA that identify significant issues with regard to hazardous waste, water resources, water quality, air quality, greenhouse gas emissions, and geologic hazards. Make recommendations for additional mitigation measures to lead agencies at the local and county level to include additional characterization of health risks and implementation of protective measures to reduce worker exposure to hazards from toxins and Valley Fever. • Stormwater analysis, sampling and best management practice evaluation at more than 100 industrial facilities. • Expert witness on numerous cases including, for example, perfluorooctanoic acid (PFOA) contamination of groundwater, MTBE litigation, air toxins at hazards at a school, CERCLA compliance in assessment and remediation, and industrial storrnwater contamination. • Technical assistance and litigation support for vapor intrusion concerns. • Lead analyst and testifying expert in the review of environmental issues in license applications for large solar power plants before the California Energy Commission.· • Manager of a project to evaluate numerous formerly used military sites in the western U.S. • Manager of a comprehensive evaluation of potential sources of perchlorate contamination in Southern California drinking water wells. • Manager and designated expert for litigation support under provisions of Proposition 65 in the review of releases of gasoline to sources drinking water at major refineries and hundreds of gas stations throughout California. With Komex H20 Science Inc., Matt's duties included the following: • Senior author of a report on the extent of perchlorate contamination that was used in testimony by the former U.S. EPA Administrator and General Counsel. • Senior researcher in the development of a comprehensive, eleclrnnically interactive chronology of MTBE use, research, and regulation. • Senior researcher in the development of a comprehensive, electronically interactive chronology of perchlorate use, research, and regulation. • Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking water treatment, results of which were published in newspapers nationwide and in testimony against provisions of an energy bill that would limit liability for oil companies. • Research to support litigation to restore drinking water supplies that have been contaminated by MTBE in California and New York. 2 • Expert witness testimony in a case of oil production-related contamination in Mississippi. • Lead author for a multi-volume remedial investigation report for an operating school in Los Angeles that met strict regulatory requirements and rigorous deadlines. • Development of strategic approaches for cleanup of contaminated sites in consultation with clients and regulators. Executive Director: As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange County beaches from multiple sources of contamination including urban runoff and the discharge of wastewater. In reporting to a Board of Directors that included representatives from leading Orange County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the development of countywide water quality permits for the control of urban runoff and permits for the discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council. Hydrogeology: As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army Airfield, and Sacramento Army Depot. Specific activities were as follows: • Led efforts to model groundwater flow and contaminant transport, ensured adequacy of monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and groundwater. • Initiated a regional program for evaluation of groundwater sampling practices and laboratory analysis at military bases. • Identified emerging issues, wrote technical guidance, and assisted in policy and regulation development through work on four national U.S. EPA workgroups, including the Superfund Groundwater Technical Forum and the Federal Facilities Forum. At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and published by the State of Hawaii and County of Maui. As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included the following: • Received an EPA Bronze Medal for his contribution to the development of national guidance for the protection of drinking water. • Managed the Sole Source Aquifer Program and protected the drinking water of two communities through designation under the Safe Drinking Water Act. He prepared geologic reports, conducted 3 public hearings, and responded to public comments from residents who were very concerned about the impact of designation. • Reviewed a number of Environmental Impact Statements for planned major developments, including large hazardous and solid waste disposal facilities, mine reclamation, and water transfer. Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows: • Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements. • Reviewed and wrote "part B" permits for the disposal of hazardous waste. • Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed the basis for significant enforcement actions that were developed in close coordination with U.S. EPA legal counsel. • Wrote contract specifications and supervised contractor's investigations of waste sites. With the National Park Service, Matt directed service-wide investigations of contaminant sources to prevent degradation of water quality, including the following tasks: • Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the Clean Water Act to control military, mining, and landfill contaminants. • Conducted watershed-scale investigations of contaminants at parks, including Yellowstone and Olympic National Park. • Identified high-levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on appropriate response actions under CERCLA. • Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a national workgroup. • Developed a program to conduct environmental compliance audits of all National Parks while serving on a national workgroup. • Co-authored two papers on the potential for water contamination from the operation of personal watercraft and snowmobiles, these papers serving as the basis for the development of nation- wide policy on the use of these vehicles in-National Parks. • Contributed to the Federal Multi-Agency Source Water Agreement under the Clean Water Action Plan. Policy: Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection Agency, Region 9. Activities included the following: • Advised the Regional Administrator and senior management on emerging issues such as the potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking water supplies. • Shaped EPA' s national response to these threats by serving on workgroups and by contributing to guidance, including the Office of Research and Development publication, Oxygenates in Water: Critical Information and Research Needs. • Improved the technical training of EP A's scientific and engineering staff. • Earned an EPA Bronze Medal for representing the region's 300 scientists and engineers in negotiations with the Administrator and senior management to better integrate scientific 4 principles into the policy-making process. • Established national protocol for the peer review of scientific documents. Geology: With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific activities were as follows: • Mapped geology in the field, and used aerial photographic interpretation and mathematical models to determine slope stability. • Coordinated his research with community members who were concerned with natural resource protection. • Characterized the geology of an aquifer that serves as the sole source of drinking water for the city of Medford, Oregon. As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern Oregon. Duties included the following: • Supervised year-long effort for soil and groundwater sampling. • Conducted aquifer tests. • Investigated active faults beneath sites proposed for hazardous waste disposal. Teaching: From 1990 to 1998, Matt taught at least one course per semester at the comrimnity college and university levels: • At San Francisco State University, held an adjunct faculty position and taught courses in environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater contamination. • Served as a committee member for graduate and undergraduate students. • Taught courses in environmental geology and oceanography at the College of Marin. Matt is currently a part time geology instructor at Golden West College in Huntington Beach, California where he taught from 2010 to 2014 and in 2017. Invited Testimony, Reports, Papers and Presentations: Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public Environmental Law Conference, Eugene, Oregon. Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S. EPA Region 9, San Francisco, California. Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and Public Participation. Brownfields 2005, Denver, Coloradao. Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las Vegas, NV (served on conference organizing committee). 5 Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at schools in Southern California, Los Angeles. Brown, A, Farrow, J., Gray, A and Hagemann, M., 2004. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to the Ground Water and Environmental Law Conference, National Groundwater Association. Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Phoenix, AZ (served on conference organizing committee). Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy of Sciences, Irvine, CA Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a tribal EPA meeting, Pechanga, CA Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a meeting of tribal repesentatives, Parker, AZ. Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter-Tribal Meeting, Torres Martinez Tribe. Hagemann, M.F ., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant. Invited presentation to the U.S. EPA Region 9. Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited presentation to the California Assembly Natural Resources Committee. Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental Journalists. Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater (and Who Will Pay). Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and State Underground Storage Tank Program managers. 6 Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MIBE in Groundwater. Unpublished report. Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water. Unpublished report. Hagemann, M.F., 2001. Estimated Costs to Address MIBE Releases from Leaking Underground Storage Tanks. Unpublished report. Hagemann, M.F., and VanMouwerik, M., 1999. Potential W a t e r Quality Concerns Related to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report. VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water ResourcesDivision, National Park Service, Technical Report. Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright Society Biannual Meeting, Asheville, North Carolina. Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada. Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City. Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui, October 1996. Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air and Waste Management Association Publication VIP-61. Hagemann, M.F., 1994. Groundwater Characterization and Cleanup at Closing Military Bases in California. Proceedings, California Groundwater Resources Association Meeting. Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of Groundwater. Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL- contarninated Groundwater. California Groundwater Resources Association Meeting. 7 Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of Prevention ... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35. Other Experience: Selected as subject matter expert for the California Professional Geologist licensing examinations, 2009-2011. 8 Technical Consultation, Data Analysis and Litigation Support for the Environment Paul Rosenfeld, Ph.D. Principal Environmental Chemist Education Attachment B SOIL WATER AIR PROTECTION ENTERPRISE 2656 29th Street, Suite 201 Santa Monica, California 90405 Attn: Paul Rosenfeld, Ph.D. Mobil: (310) 795-2335 Office: (310) 452-5555 Fax: (310) 452-5550 Email: prosenfeld(ti)swape.com Chemical Fate and Transport & Air Dispersion Modeling Risk Assessment & Remediation Specialist Ph.D. So il Chemistry, University of Washington, 1999. Disse1iation on volatile organic compound filtration. M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics. B.A. Environmental Studies, U.C. Santa Barbara, 1991 . Focus on wastewater treatment. Professional Experience Dr. Rosenfeld has over 25 years of experience conducting environmental investigations and risk assessments for evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr. Rosenfeld has evaluated and modeled emissions from oil spills, landfills, boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, industrial, military and agricultural sources, unconventional oil drilling operations, and locomotive and construction engines. His project experience ranges from monitoring and modeling of pollution sources to evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities. Dr. Rosenfeld has also successfully modeled exposure to contaminants distributed by water systems and via vapor intrusion. Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents, pesticides, radioactive waste, dioxins and furans, semi-and volatile organic compounds, PCBs, P AHs, creosote, perchlorate, asbestos, per-and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance impacts and technologies for abatement of odorous emissions. As a principal scientist at SW APE, Dr. Rosenfeld directs air dispersion modeling and exposure assessments. He has served as an expe1i witness and testified about pollution sources causing nuisance and/or personal injury at sites and has testified as an expert witness on numerous cases involving exposure to soil, water and air contaminants from industrial, railroad, agricultural, and military sources. Paul E. Rosenfeld, Ph.D. Page 1 of 12 October 2022 Professional History: Soil Water Air Protection Enterprise (SW APE); 2003 to present; Principal and Founding Partner UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher) UCLA School of Public Health; 2003 to 2006; Adjunct Professor UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator UCLA Institute of the Environment, 2001-2002; Research Associate Komex H2O Science, 2001 to 2003; Senior Remediation Scientist National Groundwater Association, 2002-2004; Lecturer San Diego State University, 1999-2001; Adjunct Professor Anteon Corp., San Diego, 2000-2001; Remediation Project Manager Ogden (now Amee), San Diego, 2000-2000; Remediation Project Manager Bechtel, San Diego, California, 1999-2000; Risk Assessor King County, Seattle, 1996-1999; Scientist James River Corp., Washington, 1995-96; Scientist Big Creek Lumber, Davenport, California, 1995; Scientist Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist Publications: Rosenfeld P. E., Spaeth K., Hallman R., Bressler R., Smith, G ., (2022) Cancer Risk and Diesel Exhaust Exposure Among Railroad Workers. Water Air Soil Pollution. 233, 171. Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48 Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property Value. Journal of Real Estate Research. 27(3):321-342 Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C., (2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632. Rosenfeld, P.E. & Feng, L. (2011 ). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing. Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing. Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL. Procedia Environmental Sciences. 113-125. Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal of Environmental Health. 73(6), 34-46. Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing. Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing. Paul E. Rosenfeld, Ph.D. Page 2 of 12 October 2022 Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air Pollution, 123 (17), 319-327. Tam L. K .. , Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid Concentrations Of · Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255. Tam L. K .. , Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527- 000530. Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near a Former Wood Treatment Facility. Environmental Research. l 05, 194-197. Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357. Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater, Compost And The Urban Environment. Water Science & Technology 55(5), 335-344. Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food, Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science and Technology. 49(9), 171-178. Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor-Quality-Wheel Classification Scheme For The Urban Environment. Water Environment Federation's Technical Exhibition and Conference (WEFTEC) 2004. New Orleans, October 2-6, 2004. Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities, and the Land Application ofBiosolids. Water Science and Technology. 49(9), 193-199. Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science and Technology, 49( 9), 171-178. Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from Windrows, Static Pile and Bio filter. Water Environment Research. 76( 4), 310-315. Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management Board Public Affairs Office, Publications Clearinghouse (MS--6), Sacramento, CA Publication #442-02-008. Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water Soil and Air Pollution. 127(1-4), 173-191. Rosenfeld, P.E., and Hemy C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal of Environmental Quality. 29, 1662-1668. Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor emissions and microbial activity. Water Environment Research. 73(4), 363-367. Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and Biosolids Odorants. Water Environment Research, 73, 388-393. Paul E. Rosenfeld, Ph.D. Page 3 of 12 October 2022 Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor. Water Environment Research. 131(1-4), 247-262. Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and distributed by the City of Redmond, Washington State. Rosenfeld, P. E .. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2). Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users Network, 7(1). Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources. Rosenfeld, P. E. {1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters thesis reprinted by the Sierra County Economic Council. Siell"a County, California. Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses OfBiogas In The First And Third World. Bachelors Thesis. University of California. · Presentations: Rosenfeld, P.E., "The science for Perfluorinated Chemicals (PFAS): What makes remediation so hard?" Law Seminars International, (May 9-10, 2018) 800 Fifth Avenue, Suite 101 Seattle, WA. Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile organic emissions from multiple natural gas wells in Decatur, TX. 44th · Western Regional Meeting, American Chemical Socie'ty. Lecture conducted from Santa Clara, CA. Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom-Stack, T.; Sahai, R.K.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water. Urban Environmental Pollution. Lecture conducted from Boston, MA. Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom-Stack, T.; Sahai, R.K.; La, M.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis, Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA. Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS) Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting, Lecture conducted from Tuscon, AZ. Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United States" Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting. Lecture conducted from Tuscon, AZ. Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air Pollution XVII: Proceedings of the Seventeenth International Conference on Modeling, Monitoring and Management of Air Pollution. Lecture conducted from Tallinn, Estonia. Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing Facility. The 23rd Annual International Conferences on Soils Sediment and Water. Platfonn lecture conducted from University of Massachusetts, Amherst MA. Paul E. Rosenfeld, Ph.D. Page 4 of 12 October 2022 Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium-Contaminated Water Into A Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld, P. E. (October 15-18, 2007). Some1ville Community Exposure To Contaminants From Wood Treatment Facility Emissions. The 23rd Annual Imernational Conferences on Soils Sediment and Water. Lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3- Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting. Lecture conducted from San Diego, CA. Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala, Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA. Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 -25, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on Halogenated Persistent Organic Pollutants -DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia Hotel in Oslo Norway. Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. APHA 134 Annual Meeting & Exposition. Lecture conducted from Boston Massachusetts. Paul Rosenfeld Ph.D. (October 24-25, 2005) .. Fate, Transport and Persistence of PFOA and Related Chemicals. Mealey's C8!PFOA. Science, Risk & Litigation Coriference. Lecture conducted from The Rittenhouse Hotel, Philadelphia, PA. Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Coriference. Lecture conducted from Hilton Hotel, Irvine California. Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California. Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey 's Groundwater Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California. Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals. International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from Sheraton Oceanfront Hotel, Virginia Beach, Virginia. Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland. Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and Environmental Law Coriference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland. Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois. Paul E. Rosenfeld, Ph.D. Page 5 of 12 October 2022 Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust. Lecture conducted from Phoenix Arizona. Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River. }vfeeting of tribal representatives. Lecture conducted from Parker, AZ. Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners. Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento, California. Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL. Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21 , 2003) Understanding Historical Use, Chemical Properties, Toxicity and Regulat01y Guidance of 1,4 Dioxane. National Ground!vater Association. Southwest Focus Conference. Water Supply and Emerging Contaminants .. Lecture conducted from Hyatt Regency Phoenix Arizona. Paul Rosenfeld, Ph.D. (Februaiy 6-7, 2003). Underground Storage Tank Litigation and Remediation. California CUP A Forum. Lecture conducted from Marriott Hotel, Anaheim California. Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA Underground Storage Tank Roundtable. Lecture conducted from Sacramento California. Rosenfeld, P.E. and Suffet, M. (October 7-10, 2002). Understanding Odor from Compost, Wastewater and Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain. Rosenfeld, P.E. and Suffet, M. (October 7-10, 2002). Using High Carbon Wood Ash to Control Compost Odor. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain. Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration. Northwest Biosolids 1vfanagement Association. Lecture conducted from Vancouver Washington .. Rosenfeld, P.E. and Grey, M.A. (November 11-14, 2002). Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from Indianapolis, Maiyland. Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water Environment Federation. Lecture conducted from Anaheim California. Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted from Ocean Shores, California. Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recove1y Association. Lecture conducted from Sacramento California. Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur _Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids A1anagement Conference Proceedings. Lecture conducted from Bellevue Washington. Rosenfeld, P.E.; and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil Science Society of America. Lecture conducted from Salt Lake City Utah. Paul E. Rosenfeld, Ph.D. Page 6 of 12 October 2022 Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington. Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from Biosolids Application To Forest Soil. Biofest Lecture conducted from Lake Chelan, Washington. Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998}. Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington. Rosenfeld, P.E., C.L. Henry, R. B. Hanison, and R. Dills. (1997). Comparison of Odor Emissions From Three Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim California. Teaching Experience: UCLA Depaiiment of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science 100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on the health effects of environmental contaminants. National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage tanks. National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1, 2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites. California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design. UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation Technologies focusing on Groundwater Remediation. University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry, Organic Soil Amendments, and Soil Stability. U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10. Academic Grants Awarded: California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment. Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001. Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University. Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000. King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on voe emissions. 1998. Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of polymers and ash on VOC emissions from biosolids. 1997. Paul E. Rosenfeld, Ph.D. Page 7 of 12 October 2022 James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered Poplar trees with resistance to round-up. 1996. United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the Tahoe National Forest. 1995. Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts in West Indies. 1993 Deposition and/or Trial Testimony: In the Superior Comi of the State of California, County of San Bernardino Billy Wildrick, Plaintiff vs. BNSF Railway Company Case No. CIVDSl 711810 Rosenfeld Deposition 10-17-2022 In the State Court of Bibb County, State of Georgia Richard Hutcherson, Plaintiff vs Norfolk Southern Railway Company Case No. 10-SCCV-092007 Rosenfeld Deposition 10-6-2022 In the Civil District Court of the Parish of Orleans, State of Louisiana Millard Clark, Plaintiff vs. Dixie Carriers, Inc. et al. Case No. 2020-03891 Rosenfeld Deposition 9-15-2022 In The Circuit Court of Livingston County, State of Missouri, Circuit Civil Division Shirley Ralls, Plaintiff vs. Canadian Pacific Railway and Soo Line Railroad Case No. 18-LV-CC0020 Rosenfeld Deposition 9-7-2022 In The Circuit Cowi of the 13th Judicial Circuit Court, Hillsborough County, Florida Civil Division Jonny C. Daniels, Plaintiff vs. CSX Transportation Inc. Case No. 20-CA-5502 Rosenfeld Deposition 9-1-2022 In The Circuit Cowi of St. Louis County, State of Missouri Kieth Luke et. al. Plaintiff vs. Monsanto Company et. al. CaseNo.19SL-CC03191 Rosenfeld Deposition 8-25-2022 In The Circuit Court of the 13th Judicial Circuit Court, Hillsborough County, Florida Civil Division Jeffery S. Lamotte, Pl~intiffvs. CSX Transportation Inc. Case No. NO. 20-CA-0049 Rosenfeld Deposition 8-22-2022 In State of Minnesota District Cowi, County of St. Louis Sixth Judicial District Greg Bean, Plaintiff vs. Soo Line Railroad Company Case No. 69-DU-CV-21-760 Rosenfeld Deposition 8-17-2022 In United States District Cowi Western District of Washington at Tacoma, Washington John D. Fitzgerald Plaintiff vs. BNSF Case No. 3:21-cv-05288-RJB Rosenfeld Deposition 8-11-2022 Paul E. Rosenfeld, Ph.D. Page 8 of 12 October 2022 In Circuit Court of the Sixth Judicial Circuit, Macon Illinois Rocky Bennyhoff Plaintiffvs. Norfolk Southern Case No. 20-L-56 Rosenfeld Deposition 8-3-2022 In Court of Common Pleas, Hamilton County Ohio Joe Briggins Plaintiff vs. CSX Case No. A2004464 Rosenfeld Deposition 6-17-2022 In the Superior Comi of the State of California, County of Kern George LaFazia vs. BNSF Railway Company. Case No. BCV-19-103087 Rosenfeld Deposition 5-17-2022 In the Circuit Comi of Cook County Illinois Bobby Earles vs. Penn Central et. al. Case No. 2020-L-000550 Rosenfeld Deposition 4-16-2022 In United States District Comi Easter District of Florida Albert Hartman Plaintiff vs. Illinois Central Case No. 2:20-cv-1633 Rosenfeld Deposition 4-4-2022 In the Circuit Court of the 4th Judicial Circuit, in and For Duval County, Florida Barbara Steele vs. CSX Transportation Case No.16-219-Ca-008796 Rosenfeld Deposition 3-15-2022 In United States District Court Easter District of New York Romano et al. vs. Nmihrup Grumman Corporation Case No. 16-cv-5760 Rosenfeld Deposition 3-10-2022 In the Circuit Comi of Cook County Illinois Linda Benjamin vs. Illinois Central Case No. No. 2019 L 007599 Rosenfeld Deposition 1-26-2022 In the Circuit Court of Cook County Illinois Donald Smith vs. Illinois Central Case No. No. 2019 L 003426 Rosenfeld Deposition 1-24-2022 In the Circuit Court of Cook County Illinois Jan Holeman vs. BNSF Case No. 2019 L 000675 Rosenfeld Deposition 1-18-2022 In the State Court of Bibb County State of Georgia Dwayne B. Garrett vs. Norfolk Southern Case No. 20-SCCV-091232 Rosenfeld Deposition 11-10-2021 Paul E. Rosenfeld, Ph.D. Page 9 of 12 October 2022 In the Circuit Court of Cook County Illinois Joseph Ruepke vs. BNSF Case No. 2019 L 007730 Rosenfeld Deposition 11-5-2021 In the United States District Court For the District of Nebraska Steven Gillett vs. BNSF Case No. 4:20-cv-03120 Rosenfeld Deposition 10-28-2021 In the Montana Thi1ieenth District Court of Yellowstone County James Eadus vs. Soo Line Railroad and BNSF Case No. DV 19-1056 Rosenfeld Deposition 10-21-2021 In the Circuit Comi Of The Twentieth Judicial Circuit, St Clair County, Illinois Ma1iha Custer et al.cvs. Cerro Flow Products, Inc. Case No. 0i9-L-2295 Rosenfeld Deposition 5-14-2021 Trial October 8-4-2021 In the Circuit Court of Cook County Illinois Joseph Rafferty vs. Consolidated Rail Corporation and National Railroad Passenger Corporation d/b/a AMTRAK, Case No. 18-L-6845 Rosenfeld Deposition 6-28-2021 In the United States District Comi For the Northern District of Illinois Theresa Romcoe vs. No1iheast Illinois Regional Commuter Railroad Corporation d/b/a METRA Rail Case No. 17-cv-8517 · Rosenfeld Deposition 5-25-2021 In the Superior Comi of the State of Arizona In and For the Cunty of Maricopa Mary Tryon et al. vs. The City of Pheonix v. Cox Cactus Farm, L.L.C., Utah Shelter Systems, Inc. Case No. CV20127-094749 Rosenfeld Deposition 5-7~2021 In the United States District Comi for the Eastern District of Texas Beaumont Division Robinson, Jeremy et al vs. CNA Insurance Company et al. Case No. 1:17-cv-000508 Rosenfeld Deposition 3-25-2021 In the Superior Court of the State of California, County of San Bernardino Gary Garner, Personal Representative for the Estate of Melvin Garner vs. BNSF Railway Company. Case No. 1720288 Rosenfeld Deposition 2-23-2021 In the Superior Court of the State of California, County of Los Angeles, Spring Street Courthouse Benny M Rodriguez vs. Union Pacific Railroad, A Corporation, et al. Case No. 18STCV01162 Rosenfeld Deposition 12-23-2020 In the Circuit Court of Jackson County, Missouri Karen Cornwell, Plaintiff, vs. Marathon Petroleum, LP, Defendant. Case No. 1716-CV10006 Rosenfeld Deposition 8-30-2019 Paul E. Rosenfeld, Ph.D. Page 10 of 12 October 2022 In the United States District Court For The District of New Jersey Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant. Case No. 2:l 7-cv-01624-ES-SCM Rosenfeld Deposition 6-7-2019 In the United States District Comt of Southern District of Texas. Galveston Division MIT Carla Maersk vs. Conti 168., Schiffahrts-Gl\ffiH & Co. Bulker KG MS "Conti Perdido" Defendant. Case No. 3:15-CV-00106 consolidated with 3:15-CV-00237 Rosenfeld Deposition 5-9-2019 In The Superior Court of the State of California In And For The County Of Los Angeles -Santa Monica Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants Case No. BC615636 Rosenfeld Deposition 1-26-2019 In The Superior Court of the State of California In And For The County Of Los Angeles -Santa Monica The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants Case No. BC646857 Rosenfeld Deposition 10-6-2018; Trial 3-7-19 In United States District Court For The District of Colorado Bells et al. Plaintiffs vs. The 3M Company et al., Defendants Case No. l:16-cv-02531-RBJ Rosenfeld Deposition 3-15-2018 and 4-3-2018 In The District Court Of Regan County, Texas, l 12tl1 Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No. 1923 Rosenfeld Deposition 11-17-2017 In The Superior Court of the State of California In And For The County Of Contra Costa Simons et al., Plaintifs vs. Chevron Corporation, et al., Defendants Cause No. Cl2-01481 Rosenfeld Deposition 11-20-2017 In The Circuit Comi Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295 Rosenfeld Deposition 8-23-2017 In United States District Court For The Southern District of Mississippi Guy Manuel vs. The BP Exploration et al., Defendants Case No. l:19-cv-00315-RHW Rosenfeld Deposition 4-22-2020 In The Superior Court of the State of California, For The County of Los Angeles Warm Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC Case No. LC102019 (c/w BC582154) Rosenfeld Deposition 8-16-2017, Trail 8-28-2018 In the Northern District Court of Mississippi, Greenville Division Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants Case No. 4: l 6-cv-52-Dl\ffi-JVM Rosenfeld Deposition July 2017 Paul E. Rosenfeld, Ph.D. Page 11 of 12 October 2022 In The Superior Court of the State of Washington, County of Snohomish Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants Case No. 13-2-03987-5 Rosenfeld Deposition, February 2017 Trial March 201 7 In The Superior Court of the State of California, County of Alameda Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants Case No. RG1471 l l 15 Rosenfeld Deposition September 2015 In The Iowa District Comi In And For Poweshiek County Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants Case No. LALA002187 Rosenfeld Deposition August 2015 In The Circuit Comi of Ohio County, West Virginia Robert Andrews, et al. v. Antero, et al. Civil Action No. 14-C-30000 Rosenfeld Deposition June 2015 In The Iowa District Court for Muscatine County Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant Case No. 4980 Rosenfeld Deposition May 2015 In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant. Case No. CACE07030358 (26) Rosenfeld Deposition December 2014 In the County Court of Dallas County Texas Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant. Case No. cc-11-01650-E Rosenfeld Deposition: March and September 2013 Rosenfeld Trial April 2014 In the Court of Common Pleas of Tuscarawas County Ohio John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants Case No. 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987) Rosenfeld Deposition October 2012 In the United States District Court for the Middle District of Alabama, No1ihem Division James K. Benefield, et al., Plaintiffs, vs. International Paper Company, Defendant. Civil Action No. 2:09-cv-232-WHA-TFM Rosenfeld Deposition July 2010, June 2011 In the Circuit Court of Jefferson County Alabama Jaeanette Moss Anthony, et al., Plaintiffs, vs. Drummond Company Inc., et al., Defendants Civil Action No. CV 2008-2076 Rosenfeld Deposition September 2010 In the United States District Court, Western District Lafayette Division Ackle et al., Plaintiffs, vs. Citgo Petroleum Corporation, et al., Defendants. Case No. 2:07CV1052 Rosenfeld Deposition July 2009 Paul E. Rosenfeld, Ph.D. Page 12 of 12 October 2022 IONIS LOTS 21 & 22 Eric Lardy, City Planner Community Development Department May 16, 2023 SDP 2021-0029 1 { City of Carlsbad PROCEDURES 1.Public Hearing opened 2.Staff Presentation 3.City Council questions on staff presentation 4.Applicant presentation (10 Min) 5.City Council opportunity to ask questions on application 6.Appellant presentation (10 Min) 7.Staff Response to Appeal 8.Applicant Response to Appeal (if necessary) 9.City Council opportunity to ask questions on appeal 10.Public testimony opened 11.Input from public 12.Staff, Applicant, and Appellant response (if necessary) 13.Public testimony closed 14.City Council discussion 15.City Council vote 16.Public hearing closed {city of Carlsbad BACKGROUND Carlsbad Oaks North Business Park Specific Plan EIR 98-08 certified by the City Council in 2002 414-acre planned industrial development Specific Plan, Tentative Tract Map, Hillside Development Permit, Habitat Management Plan Permit 27-lot subdivision -23 light industrial lots -4 open space lots (135 acres) 3 {city of Carlsbad 4 SITE DEVELOPMENT PLAN 164,833 SF, 48’-tall R&D building Three-level parking structure Pedestrian bridge across Whiptail Loop to connect to existing IONIS campus ---/ ''--- ' -----------------. ' 5 RESEARCH & DEVELOPMENT BUILDING SOUTH AND WEST ELEVATIONS 48’ 32’ {city of Carlsbad •March 1, 2023: Planning Commission approves Site Development Plan and consistency with Certified EIR •March 13, 2023: Appeal filed by Supporters Alliance for Environmental Responsibility APPEAL TIMELINE 6 ( City of Carlsbad IONIS LOTS 21 & 22 Eric Lardy, City Planner Community Development Department May 16, 2023 SDP 2021-0029 7 { City of Carlsbad APPEAL PROCEDURES 88 •This appeal is de novo, meaning that the matter is being heard “anew” The City Council shall consider only the evidence presented to the Planning Commission prior to the decision •The burden of proof is on the appellant to establish substantial evidence •Grounds are limited to if there was an error or abuse of discretion or that the decision was not supported by the facts •City Council may uphold, uphold in part, or reverse the decision that is subject of the appeal. Appeal Procedures {city of Carlsbad •March 13, 2023: Appeal filed by Supporters Alliance for Environmental Responsibility, appeal states: •The Planning Commission violated the California Environmental Quality Act (“CEQA”) by finding that the Project is within the scope of the 2002 Carlsbad Oaks North Specific Plan EIR and that CEQA requires no further environmental analysis or documentation for the project. Rather, new information available since 2002 demonstrates that the project will have impacts not considered in the 2002 EIR and that mitigation measures for the Project’s impacts that were unavailable/ infeasible in 2002 are now feasible. Therefore, the City must prepare an EIR or negative declaration for the project. DETAILS OF APPEAL APPLICATION 9 ( City of Carlsbad EIR 98-08 examined the impacts associated with the development of an industrial park, including the proposed lots. CEQA Sections 15162 and 15168 establish procedures for when a new environmental document can be required. Project conditioned to comply with mitigation measures. No specific issues, changed circumstances or new information were raised in the appeal application or at the Planning Commission hearing. ENVIRONMENTAL REVIEW 10 D P10nnQCJ hw,bi:,I 1.01, ~ Alrolcry U"' lotE jooe p:iga 1-2) 0 ml nlligt, cJ-Wo, 0 Sawot ~~=nl""[wdhPcdonOniioi erl(i'\lolll) Eat119 ""'°' lo! 9 on'v ,r not "'9d fc.-"""" itolionl "OO<'l""-"'10'>CI trol --,J o cor<lrhonoloi:.,rovol•.h<roOOOOiSOI'/ Not~ orrsne FarCXlOf A-..erue CC<'OTTUC 0<1<>:,Wo,j9 to 0,oo \\1:7i refat to larrtatt.'e M~ '1'-13 tcr more datdl { City of Carlsbad A letter was received from appellant on May 12, 2023 with additional information Carlsbad Municipal Code States, “the City Council shall consider only the evidence presented to the Planning Commission for consideration in the determination or decision being appealed.” CMC 21.54.150(c) ENVIRONMENTAL REVIEW 11 { City of Carlsbad The standard under CEQA [15162 (a)(3)(D)]: Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. New air quality measures required for regulatory compliance and the air quality impacts are found to be less than significant for this project Applicant also prepared a Climate Action Plan Checklist ENVIRONMENTAL REVIEW 12 { City of Carlsbad RECOMMENDED ACTION Adopt the City Council Resolution denying the appeal and upholding a decision of the Planning Commission to approve a Site Development Plan for the development of a 164,833 square-foot, 48-foot-tall research and development building, a 21-foot tall, three-level parking structure and a pedestrian bridge across Whiptail Loop for IONIS Pharmaceuticals. IONIS LOTS 21 & 22 13 ( City of Carlsbad