HomeMy WebLinkAboutAV 06-04; Kelly JRM Office Building; Administrative Variance (AV)O CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
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APPLICATIONS APPLIED FOR: (CHE
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Coastal Development Permit
Conditional Use Permit
Condominium Permit
Environmental Impact Assessment
General Plan Amendment
Hillside Development Permit
Local Coastal Program Amendment
Master Plan
Minor Conditional Use Permit
Non-Residential Planned Development
Planned Development Permit
ECK BOXES)
(FOR
DEPARTMENT
USE ONLY)
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Planned Industrial Permit
Planning Commission Determination
Precise Development Plan
Redevelopment Permit
| I Site Development Plan
Special Use Permit
Specific Plan
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Obtain from Engineering Department
Tentative Tract Map
I I Variance
I I Zone Change
List other applications not specified
(FOR
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ASSESSOR PARCEL NO(S).: ^
PROJECT NAME: ^^V xrO-k, _T . 0
BRIEF DESCRIPTION OF PROJECT:^S^-^ UL \JJ!^^\U(^(
5) OWNER NAME (Print or Type)
MAILING ADDRESS
CITY AND STATE ZIP TELEPHONE
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE DATE
6) APPLICANT NAME (Print or Type)
MAILING ADDRESS
CITY AND STATE ZIP TELEPHONE
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE
CORRECT TO THE BEST OF MY KNOWLEDGE.
THE
AND
SIGNATURE DATE
7) BRIEF LEGAL DESCRIPTION
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 14 Rev. 03/06 PAGE 1 OF 5
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8) LOCATION OF PROJECT:
ON THE
BETWEEN
STREET ADDRESS
SIDE OF
(NORTH, SOUTH, EAST, WEST)
AND
(NAME OF STREET)
9)
10)
13)
16)
LOCAL FACILITIES MANAGEMENT ZONE
PROPOSED NUMBER OF LOTS
TYPE OF SUBDIVISION
PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED IND OFFICE/
SQUARE FOOTAGE
17) PROPOSED INCREASE
INADT
20) EXISTING GENERAL
PLAN
23) PROPOSED ZONING
(NAME OF STREET)
(NAME OF STREET)
12) PROPOSED NUMBER
OF RESIDENTIAL UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
PLAN DESIGNATION
24) HABITAT IMPACTS
IF YES, ASSIGN HMP#
25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO ENTRY FOR THIS PURPOSE
SIGNATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
FEE REQUIRED RECEIVED
CITY OF CARLSBAD
DAT^S^MT^APPLICATION RECEIVED
RECEIVED BY:
Form 14 Rev. 03/06 PAGE 2 OF 5
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CITY OF CARLSBAD
. LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECKBOXES)
(FOR DEPARTMENT
USE ONLY)
n Master Plan
Q Specific Plan
D Precise Development Plan
Q Tentative Tract Map
|~) Planned Development Permit
n Non-Residential Planned
Development
EH Condominium Permit
Q Special Use Permit
[~] Redevelopment Permit
Q tentative-Parcel Mop
Obtain From Engineering Department
Administrative Variance
Administrative Permit - 2nd
Dwelling Unit
Ofe-Of
D General Plan Amendment
n Local Coastal Plan
Amendment
P3 Site Development Plan
d Zone Change
CJ Conditional Use Permit
Q Hillside Development Permit
Environmental Impact
Assessment
Q Variance
^J2 Planned Industrial Permit
IJjjjJl Coastal Development Permjf
Q Planning Commission
Determination
D List other applications not
specified
(FOR DEPARTMEt
USE ONLY)
2) ASSESSOR PARCEL NO(S).:
3) PROJECT NAME: Kl5LLy / Jfttt
4) BRIEF DESCRIPTION OF PROJECT:
Lcee>y
5) OWNER NAME (Print or Type)
HSU.)/ /JE M fift LfrMAft AV^lpb^T f^AOX^ LUfa
6) APPLICANT NAME (Print or Type)
MAILING ADDRESS MAILING ADDRESS
CiTY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHOr
5AM
1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUEAND CORRECT mjCHE BEST OF MY
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF 1
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE A
CORRECT TO THE BEST OF MY KNOWLEDGE.
DATE SIGNATURE DATE
7). BRIEF LEGAL DESCRIPTION A of
^A PROPOSED PRO JECT REQUIRING MULTIPLE APPLICAT1ONS.BE FILED/'MUSTBE'SUBWllTTED PR10RTO 3:30 P.M.
8) LOCATION OF PROJECT:
o
ON THE
BETWEEN
(NORTH. SOUTH, EAST, WEST)
(NAME OF STREET) T
STREET ADDRESS
SIDE OF
AND
O
(NAME OF STREET)
LA11P.&U
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
1 0) PROPOSED NUMBER OF LOTS
13) TYPE OF SUBDIVISION
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
1 9) GROSS SITE ACREAGE
22) EXISTING ZONING
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED
SQUARE FOOTAGE
17) PROPOSED INCREASE IN
ADT
20) EXISTING GENERAL
PLAN
23) PROPOSED ZONING
12) PROPOSED NUMBER OF
RESIDENTIAL UNITS
1 5) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
PLAN DESIGNATION
24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CI1
STAFFS-PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBEF
TO-HtfSPHCT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE
TQf ENTW FOR THIS PURPOSE
IT UFOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
FEE REQUIRED RECEIVhD
JAN 3 02003
CITY OF CARLSBAD
DATE STAMP A ION RECEIVE
RECEIVED BY:
DATE FEE PAID RECEIPT NO.
JUSTIFICATION FOR VARIANCE
By law a Variance may be approved only if certain facts are found to exist. Please read these requirements
carefully and explain how the proposed project meets each of these facts. Use additional sheets if
necessary.
1. Explain why there are exceptional or extraordinary circumstances or conditions applicable to the
property or to the intended use that do not apply generally to the other property or class of use in the
vicinity and zone:
SEE ATTACHED
2. Explain why such variance is necessary for the preservation and enjoyment of a substantial property
right possessed by other property in the same vicinity and zone but which is denied to the property in
question:
SEE ATTACHED
3. Explain why the granting of such variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located:
SEE ATTACHED
4. Explain why the granting of such variance will not adversely affect the comprehensive general plan:
SEE ATTACHED
FormS Revised 04/04 Page 4 of 4
1. Explain why there are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended use that do not apply
generally to other properties or class of use in the same vicinity and zone.
The parcel is heavily encumbered by utility easements including a 150-foot wide SDG&E
transmission corridor and a parallel Carlsbad Municipal Water District easement that run
diagonally through the site. These easements limit building location flexibility. In
addition, the property has been subject to two separate conservation actions taken to
address protection of the same habitat feature. The first action was a known conservation
easement recorded against the subject property as a condition to the Coastal Development
Permit (6-89-127) issued by the California Coastal Commission in 1989 in conjunction
with use of the site as a soils disposal site for the City of Carlsbad's widening of Palomar
Airport Road. At the time of permit conditioning for the recordation of this easement the
regulatory staff recognized and explicitly intended the easement "to be recognized in any
future permit applications for ultimate development of the site". In addition, subsequent
guidance was provided by the Wildlife Agencies regarding the conditions under which
maintenance of a BMP bio-swale within the buffer on the adjacent Pacifica (now
Biltmore) property could be performed. This guidance should be directly applicable to
the Kelly/JRM project. Site design and layout, pro forma development, and feasibility
analyses have been developed based on these elements as well as City standards.
However, with the adoption of the Carlsbad HMP and during review of an environmental
document for an office-building project on the site, the Wildlife Agencies requested the
expansion of the buffer easement to 100-feet. This expansion would result in the loss of
16% to 24% of the site yield. Given existing constraints of utility easements,
reconfiguration of the site to gain back some loss was determined to be impractical. As a
result, a long process of working with the City, Developer, and Wildlife Agencies has
been undertaken to attempt to minimize the additional impacts of the HMP driven
requests of the Wildlife Agencies on the project. While not fully successful in defending
the originally adopted 50-foot easement, a compromise resulting in the widening the
buffer to 70-feet along Encinas Creek was worked out and documented in an email dated
January 4, 2006 and confirmed by the Wildlife Agencies on January 4, 2006 via e-mail.
On February 15, 2006 the City sent a letter as a follow up to the agreement confirming
that given the site constraints of the HMP buffer expansion and the utility easements, the
conditions support an issuance of an Administrative Variance ant that the City would
support and intends to issue such a variance.
2. Explain why such a variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other property in the same
vicinity and zone but which is denied to the property in question:
The property is a highly constrained piece of land due to the presence of utility corridors,
the creek constraints, and public right-of-way losses over time due to the expansion of
Aviara Parkway and Palomar Airport Road. While these constraints were known at the
time of initiation of development approval processing, they severely restricted flexibility
in site design. The property was well into the process for entitlement of an office-
building at the time the demand for an expansion of the buffer easement was made by
Wildlife Agencies based on the City's NCCP/HCP adoption and federal permit issuance.
The request for additional buffer setback hit the property hard for two reasons. First, the
request for expansion of the buffer was unanticipated given the site regulatory history.
As indicated above, the existing conservation easement deed restriction that was recorded
against the subject property as a condition to the Coastal Development Permit (6-89-127)
with a specifically, statement and intent for the easement to serve for "any future permit
applications for ultimate development of the site". Further, the 50-foot buffer was
consistent with the present buffer requirements for Army Corps permit and CDFG
streambed alteration agreement for the Laurel Tree Lane crossing earlier in 2005. The
establishment of this buffer, the approval of the stockpile permit and footprint, and the
source of the fill soil was conducted through the normal City of Carlsbad discretionary
approval processes and through the Coastal Commission Coastal Development Permit
process. The buffer was a legally adopted and recorded land-use action taken prior to the
adoption of the HMP and it has an explicit purpose for future development setback. As a
result, the applicability of new buffer standards under the HMP are not necessarily
appropriate. Because of the long-regulatory history and prior conservation easement
recordation, the circumstances here are very unique and are not likely to be widespread in
the City.
Second, the highly constrained nature of the site, with existing utilities made a more
flexible design response to the new constraint of expanding the conservation easement
along Encinas Creek impractical and an AV has become a critical component to
absorbing the new constraint.
3. Explain why granting such a variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located:
The proposed variance is a request to encroach within landscape setbacks along Aviara
Parkway and Palomar Airport Road as necessary to absorb parking displaced by the
widening of the Encinas Creek buffer. The encroachment into the Aviara Parkway
landscape setback would be to accommodate parking. The encroachment along Palomar
Airport Road would be to accommodate the required movement of the office-building to
accommodate parking reconfiguration. For the Palomar Airport Road encroachment, the
buffer reduction would result in a reduction to 50 feet, of a 60-foot building height driven
setback requirement. The landscape buffer between Palomar Airport Road and the
building already includes mounded topography that will reduce building mass. Adding to
this reduction of massing, the adjacent development is proposed to be set well back from
the roadway and the development across Palomar Airport Road is the Municipal Golf
Course. As a result, the enclosed urban corridor perception that is intended to be
avoided, will not be generated in the area.
%*•»'
None of the requested variance elements would adversely affect public health, safety, or
property rights. The project itself further provides benefits in the form of tax-base,
participation in public infrastructure development, and development of a public
recreation trail.
4. Explain why granting such a variance will adversely affect the
comprehensive general plan:
The proposed easement has no material consequence on the proposed general plan
elements. The variance is not a request for reduction in traffic, open space, or utility
standards, but rather a change in landscape setback standards driven by a requirement to
provide a differing configuration of green-space on site that is driven by site constraints
and Wildlife Agency and HMP objectives for conservation planning.
Merkel & Associates, Inc.
5434 Ruffin Road, San Diego, CA 92123
Tel: 858/560-5465 • Fax: 858/560-7779
e-mail: associates@merkelinc.com
May 25,2006
M&A #03-107-01
Van Lynch
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
Re: SDP-03-01 Kelly/JRM OFFICE BUILDING ADMINISTRATIVE VARIANCE
Dear Van,
This letter is a follow up on the Kelly/JRM Office Building Administrative Variance Request for
encroachments into the landscape setback areas along Palomar Airport Road and Aviara Parkway. Per our
prior discussions and correspondence, I am making this submittal on behalf of JRMC Real Estate for an
administrative variance. Attached, please find the following materials.
1. A completed Land Use Review Application Form
2. Completed Variance Justification Form
3. Property Owners List and Addressed Labels
Because this application is a modification of an existing submittal, some of the materials already on file
with the City have been omitted from this package.
I am also submitting some of the background correspondence addressing the AV, setback variance
requested, and terms of the agreement supporting the settled buffer expansion from 50 feet to 70 feet. This
includes:
1. My January3, 2006 email summary of the points of agreement regarding the buffer width
negotiations
2. Wildlife Agency January 4,2006 email concurring with the buffer width agreement
3. Your February 15,2006 letter of intent for the City to issue an Administrative Variance to
implement the buffer modification
4. JRMC email of February 15,2006 confirming receipt of the returned Land Use Review
application form to proceed with the AV process.
Please review this material and accept the information as submitted as a formal request for an
Administrative Variance. If you require anything further, please contract me.
Sincerely,
Keith W. Merkel
Principal Consultant
Attachments
o
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
LAND USE REVIEW
June 12, 2006
TO: Van Lynch - Senior Planner
FROM: David Rick - Assistant Engineer
COMPLETENESS REVIEW
PROJECT ID: AV 06-04 KELLY/JRM
The Engineering Department has completed its review of the above referenced project for
application completeness and has determined that the application and plans submitted for this
project are complete and suitable for continued review. Engineering staff does not have
any comments or conditions to add to the project.
If you or the applicant has any questions regarding the above, please either see or call me at
extension2781.
Rick
Assistant Engineer - Engineering Development Services
H:\LIBRARY\ENGWVPDATA\MISC\COMPREV
CARLSBAD FIRE DEPARTMENT
Fire Prevention Division
Land Use Review Report
PROJECT NAME: Kelly/JRM Palomar Airport
Date: 06/26/06
Project number: AV 06-04
Staff Planner: V. Lynch Engineer:
Project conditions: (Note: The following identifies specific conditions necessary to achieve
Fire Department approval.)
Fire Department has no comments or conditions regarding this application.
GR
Keith W. Merkel C
From: Keith W. Merkel
Sent: Tuesday, January 03, 2006 5:47 PM
To: Ben Prater (E-mail); David Mayer (E-mail); David Zoutendyk (E-mail); Nancy Frost (E-mail);
Van Lynch (E-mail)
Cc: Kathy Rogers; Jamie McCann (E-mail)
Subject: Kelly/JRM Buffer WE ARE DONE!! - SORTA
PROP-IMPROV-SHI
FT.pdf
Hi All,
This e-mail is to follow-up on the long and painful Encinas Creek buffer width issues.
After much anguish, mutual intimidation, and fist pounding we have a solution that meets
with everyone's approval. I thank you all for sticking with it and being responsive and
flexible. David Z. has indicated that he will respond to this email as a concurrence from
the Wildlife Agencies confirming that with the components incorporated herein, the City
and WAs have reached agreement on the buffer through the required coordination under the
HMP and Implementing Agreement. I would like to request the City and JRM to also
acknowledge their concurrence with this solution as well as each party has differing
committments to the plan.
The mutual acceptances will allow the City to proceed forward with the finalization of the
CEQA document and calendaring of the project for hearing. They will also provide JRM the
assurances necessary to proceed with the required implementation coordination and buffer
enhancements with the adjacent 24-Hour Fitness project.
To summarize the agreement, I offer the following points of understanding:
1} Except as modified by this agreement, the buffer improvements will be implemented as
outlined in the Enhanced Buffer alternative presented in the Final Wetland
Mitigation/Buffer Plan (concept plan 7/18/05, final plan 11/15/05) .
2) The Encinas Creek buffer will be expanded from 50-feet to 70-feet along the Kelly/JRM
segment of the creek (see attached file PROP-IMPROV-SHIFT.PDF.
3) M&A shall modify the buffer plan to develop appropriate grades within the 20-foot
expansion area and shall relocate the trail to the outer 15 feet of the expanded buffer.
The area from which the trail is relocated and the non-trail portions of the expanded
buffer are to be restored to coastal sage scrub as part of the enhanced buffer design.
4) No maintenance of the bioswale within the buffer will be allowed. As such, drain inlet
filters and development side filter maintenance will be required.
5) The buffer expansion has been accomplished through some encroachments into the Aviara
and the Palomar Airport Road setbacks as shown on the attached PDF. These have been
reviewed by Van and Don Neu and are approvable at the Planning Director level, however
some of the buffer grading will need to be tied out to accomodate the development shift.
6) M&A will provide the City with revised responses to the WA's CEQA comment letter that
is reflective of the agreement reached. This letter will be copied to the WAs.
We intend to commence implementation of the Encinas Creek buffer and wetland restoration
work by mid-January as it is critical path to the 24-Hour Fitness project. For this
reason, please respond to this e-mail at your earliest convenience.
Again, I want to thank everyone for your tremendous efforts.
Keith
"I***"'
SHIFT BUILDING LOCATION BACK BEHIND THE50'SETBACK SOUTH ON SAME BEARING ASWESTERL Y WA LL OU TL IfJE
Keith W. Merkel Q O
From: Benjamin_Frater@fws.gov
Sent: Wednesday, January 04, 2006 3:44 PM
To: Keith W. Merkel
Cc: David_Zoutendyk@fws.gov; NFrost@dfg.ca.gov
Subject: Re: FW: Kelly/JRM Buffer WE ARE DONE!! - SORTA
PROP-IMPROV-SHI
FT.pdf
Keith,
I've just discussed the most recent proposal with Nancy Frost, and both
Wildlife Agencies are willing to accept the 70' buffer with mitigating
conditions you have outlined below. However, we would like to note that
the attached figure did not have a scale on it, so it we were unable to
determine if the new design reflects the 70' buffer. We are assuming it
does, and though we are encouraging you to move forward with the project at
this time, we would like to have a figure with a scale on it for our files.
This should wrap it up. Thanks.
Ben
Benjamin Frater
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
6010 Hidden Valley Road
Carlsbad, California 92011
(760) 431-9440 x310
"Keith W. Merkel"
<KMerkel@merkelin
c.com> To
<Benj amin_Frater@fws.gov>,
01/04/2006 12:05 <david_zoutendyk@fws.gov>
PM cc
Subj ect
FW: Kelly/JRM Buffer WE ARE DONE!!
- SORTA
Original Message
From: Keith W. Merkel
Sent: Tuesday, January 03, 2006 5:47 PM
To: Ben Frater (E-mail); David Mayer (E-mail); David Zoutendyk (E-mail);
Nancy Frost (E-mail); Van Lynch (E-mail)
Cc: Kathy Rogers; Jamie McCann (E-mail)
1
Subject: Kelly/ JRM Buffer Wfi^ARE DONE!! - SORTA
Hi All,
This e-mail is to follow-up on the long and painful Encinas Creek buffer
width issues. After much anguish, mutual intimidation, and fist pounding
we have a solution that meets with everyone's approval. I thank you all
for sticking with it and being responsive and flexible. David Z. has
indicated that he will respond to this email as a concurrence from the
Wildlife Agencies confirming that with the components incorporated herein,
the City and WAs have reached agreement on the buffer through the required
coordination under the HMP and Implementing Agreement. I would like to
request the City and JRM to also acknowledge their concurrence with this
solution as well as each party has differing committments to the plan.
The mutual acceptances will allow the City to proceed forward with the
finalization of the CEQA document and calendaring of the project for
hearing. They will also provide JRM the assurances necessary to proceed
with the required implementation coordination and buffer enhancements with
the adjacent 24-Hour Fitness project.
To summarize the agreement, I offer the following points of understanding:
1) Except as modified by this agreement, the buffer improvements will be
implemented as outlined in the Enhanced Buffer alternative presented in the
Final Wetland Mitigation/Buffer Plan (concept plan 7/18/05, final plan
11/15/05) .
2) The Encinas Creek buffer will be expanded from 50-feet to 70-feet along
the Kelly/JRM segment of the creek (see attached file
PROP-IMPROV-SHIFT . PDF.
3) M&A shall modify the buffer plan to develop appropriate grades within
the 20-foot expansion area and shall relocate the trail to the outer 15
feet of the expanded buffer. The area from which the trail is relocated
and the non-trail portions of the expanded buffer are to be restored to
coastal sage scrub as part of the enhanced buffer design.
4) No maintenance of the bioswale within the buffer will be allowed. As
such, drain inlet filters and development side filter maintenance will be
required.
5) The buffer expansion has been accomplished through some encroachments
into the Aviara and the Palomar Airport Road setbacks as shown on the
attached PDF. These have been reviewed by Van and Don Neu and are
approvable at the Planning Director level, however some of the buffer
grading will need to be tied out to accomodate the development shift.
6) M&A will provide the City with revised responses to the WA ' s CEQA
comment letter that is reflective of the agreement reached. This letter
will be copied to the WAs.
We intend to commence implementation of the Encinas Creek buffer and
wetland restoration work by mid-January as it is critical path to the
24-Hour Fitness project. For this reason, please respond to this e-mail at
your earliest convenience.
Again, I want to thank everyone for your tremendous efforts.
Keith
(See attached file: PROP-IMPROV-SHIFT.pdf)
Page 1 of 1
Keith W. Merkel
From: Jamie [Jamie@jrmcre.com]
Sent: Wednesday, February 15, 2006 4:43 PM
To: Keith W. Merkel; 'Van Lynch1
Subject: RE: Land Use Review application form
Thank you both very much - it will be great to get this behind us - upon which we'll finally be able to resume
with Smith Consulting Architects what is a very nice class A building. Thank you again. Jamie
James R. McCann
JRMC Real Estate, Inc.
1040 Andreasen Drive, Suite 200
Escondido, CA. 92029
(760)781-5300
(760) 78 1-5333 fax.
jamie@jrmcre.com
5/25/2006
City of Carlsbad
Planning Department
February 15, 2006
Merkel and Associates, Inc.
5434 Ruffin Road
San Diego, CA 92123
RE: SDP 03-01 - KELLY/JRM OFFICE BUILDING
Dear Keith,
As indicated in our prior e-mails and discussions between you, me, and Don Neu (Assistant
Planning Director), the City supports and intends to issue an Administrative Variance (AV) for
reduced setback standards on the Kelly/JRM Office Building project (SDP 03-01) due to the
HMP buffer expansion along Encinas Creek from the 50-foot buffer that was previously
recorded as a conservation easement in this area and because of the SDG&E easement
constraints on the project site. This AV is necessary to accommodate the resolution reached
between the City, Wildlife Agencies, and Project Proponent regarding the Encinas Creek
Buffer and associated improvements.
This AV would allow for a building setback reduction along Palomar Airport Road from 60 feet
to approximately 50 feet and a parking lot setback reduction along Aviara Parkway to
approximately 45 feet. As we have discussed, the project applicant must submit an application
for the AV to the Planning Department. The site plan (with setback dimensions labeled) that
you have previously provided and which I have attached to this letter will serve as the principal
exhibit for the application. I have recently provided you the application materials for the AV
including the application and a copy of the Land Use Review Application previously submitted
so that the AV request may be added to the list of project applications.
Once we receive an application, the City will circulate a public notice for a 10-day period and
will act on the application within approximately 5 to 10 days thereafter. Based on the factual
circumstances on the project site, we do not see any reason why the AV would not be
approved.
I hope this letter addresses your questions. Please let me know if you have any other
questions and I look forward to receiving your application for the AV shortly.
VAN £YNCH
Senior Planner
c: file
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
City of Carlsbad
Planning Department
June 13, 2006
Kelly/JRM Palomar Airport Road I, LLC
Suite 200
1040 South Andreasen
Escondido CA 92029
SUBJECT: AV 06-04 - KELLY/JRM OFFICE BUILDING
The Planning Director has completed a review of your application for an Administrative
Variance, AV 06-04 on the southeast corner of Palomar Airport Road and Aviara Parkway to
reduce the required setbacks on Palomar Airport Road from 60 feet to 50 feet, Aviara Parkway
setback from 60 feet to 47 feet and the interior side yard from 20 feet to 10 feet. After careful
consideration of the circumstances surrounding this request, the Planning Director has
determined that the four findings required for granting an Administrative Variance can be made
and therefore, APPROVES this request based on the following findings and conditions.
Findings:
1. There are exceptional or extraordinary circumstances or conditions applicable to the
property or to the intended use that do not apply generally to the other property or class
of use in the same vicinity and zone because the property is encumbered by
Carlsbad Municipal Water District and a 150-foot wide SDG&E transmission
corridor which runs diagonally through the southwestern quarter of the site. The
development of the site is also restricted by a 70 foot riparian buffer from the
creek on the southern portion of the property. Other properties in the vicinity
encumbered by the transmission corridor were adequate in size to not be
significantly impacted by the transmission corridor. The riparian setback is larger
than those of the up and downstream projects.
2. The requested variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone but which is
denied to the property in question because other properties in the vicinity have been
approved for three story office buildings with similar intensity of development.
3. The granting of this variance would not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the property is
located because the project would maintain the minimum development setbacks
for the project site. The Planned Industrial (PM) zone allows buildings to increase
their building height with a proportionate increase in all setbacks. The project
proposes to increase the building height by ten feet which would result in an
increase in all required setbacks by 10 feet. The 10 foot setback reduction from
60 feet to 50 feet along Palomar Airport Road would still maintain the minimum 50
foot setback required by the PM Zone. In addition, the building design is such
that a 60 foot average setback is maintained from Palomar Airport Road. The
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
OPWCEAV 06-04 - KELLY/JRM OPPfCE BUILDING
June 13, 2006
Page 2
i-street side yard reduction from 60 feet to 50 feet and the interior setback from 20
feet to 10 for the parking areas would also maintain the minimum required of the
PM zone.
4. The granting of this variance will not adversely affect the comprehensive General Plan
because the property will be developed with a corporate office building consistent
with the Planned Industrial Land Use designation.
Conditions:
1. Approval is granted for AV 06-04 as shown on Exhibit "A" dated June 12, 2006, on file in
the Planning Department and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
This decision may be appealed by you or any member of the public to the Planning Commission
within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning
Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $550.00 plus notice
costs. The filing of such appeal within such time limit shall stay the effective date of the order of
the Planning Director until such time as a final decision on the appeal is reached. If you have
any questions regarding this matter, please feel free to contact Van Lynch at (760) 602-4613.
DON NEU
Assistant Planning Director
DN:VL:bd
c: David Rick
Data Entry
File Copy
FILE COPY
City of Carlsbad
Planning Department
NOTICE OF REQUEST FOR ADMINISTRATIVE VARIANCE
Notice is hereby given that an Administrative Variance has been applied for to allow a reduction
of the street side yard setback from the minimum required 60 feet to 30 feet and interior side
yard setback from the minimum required 20 feet to 10 feet on property generally located on the
southeast corner of Palomar Airport Road and Aviara Parkway, Carlsbad, California, and more
particularly described as:
A portion of Parcel C and all of Parcel D of Parcel Map No. 2993
filed in the Office of the County Recorder of San Diego County,
August 23, 1974 as File No. 74-230326, O.R., and a portion of
Parcel 2 of Certificate of Compliance filed in the Office of the
County Recorder of San Diego County, February 15, 1990 as File
No. 90-085876 O.R. all being in the City of Carlsbad, County of
San Diego, State of California. (APN 212-040-64-00)
The Administrative Variance request is for the reduction of street and side yard setbacks due to
the increased setback requirement for a habitat buffer from the adjacent creek and open space. If
you have any objections to the granting of this variance or wish to have an informal hearing to
discuss the requested variance, please notify the Planning Department, 1635 Faraday Avenue,
Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any
questions, please call Van Lynch (e-mail vlync@ci.carlsbad.ca.us) in the Planning Department at
(760)602-4613.
CASE NO.:AV 06-04
CASE NAME: KELLY/JRM OFFICE BUILDING
DATE:JUNE 1,2006
CITY OF CARLSBAD
PLANNING DEPARTMENT
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
SHIFT BUILDING LOCATION BACK BEHIND THE
50' SETBACK SOUTH ON SAME BEARING ASWESTERLY WALL OUTLINE
SCALE (FEET)
EXISTING 50^-7
CONSERVATION
EASEMENT--
ADMINISTRATIVE VAR ANCE SETBACKS
300 foot project site buffer
| | parcel boundary (label = APN#)
= 200'
300 Foot Radius Map for Administrative Variance
Merkel & Associates, Incr