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Home My WebLink AboutGPA 12-01; Kelly Corporate Center; General Plan Amendment (GPA) (3)~<~~·· ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Administrative Permit 0 Coastal Development Permit (*) 0 Minor 0 Conditional Use Permit (*) 0 Minor 0 Extension 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Hillside Development Permit (*) D Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Permit 0 Tentative Tract Map 0 Variance 0 Administrative (FOR DEPT. USE ONLY) Legislative Permits ~ General Plan Amendment [] Local Coastal Program Amendment (*) D Master Plan 0Amendment D Specific Plan 0 Amendment [] Zone Change (*) D Zone Code Amendment List other applications not specified D D D (*) = eligible for 25% discount f---L.~---lt.....,...:........:.t NOTE: A PROPOSED PROJECT REQUIRING MULTlPLE APPLICA110NS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICA TlON MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 212-040-67, 212-040-68, 212-040-69 PROJECT NAME: Kelly Corporate Center Z~&Oleu @fi- BRIEF DESCRIPTION OF PROJECT: Application to amend the current zoning and land use designations to allow medical use. BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: 6010 Hidden Valley Road, Carlsbad ON THE: South SIDE OF (NORTH, SOUTH, EAST, WEST) BETWEEN Hidden Valley Road AND (NAME OF STREET) P-1 STREET ADDRESS Palomar Airport Road (NAME OF STREET) Aviara Parkway Page 1 of 5 (NAME OF STREET) t)~...j I ;1-. 0 \<1 ·-t?Wo~e~ Revised 07/10 OWNER NAME (Print): Kelly Corporate Center II, LLC & IIA, LLC MAILING ADDRESS: 11943 El Camino Real, Ste. CITY, STATE, ZIP: 200 ---------------------------TELEPHONE: San Diego, CA 92130 EMAIL ADDRESS: hfiluk@allengroup.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATIO IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDG ~ /su!D. DATE APPLICANT NAME (Print): The Allen Group ----------------------MAILING ADDRESS: 11943 El Camino Real, Ste. 200 CITY, STATE, ZIP: San Diego, CA 92130 TELEPHONE: 858-764-6800 ----------------------------EMAIL ADDRESS: hfiluk@allengroup.com ~ (3ol /1 DATE APPLICANT'S REPRESENTATIVE (Print): Hofman Planning & Engineering ----------------------------------------------------------MAILING ADDRESS: 3152 lionshead Avenue CITY, STATE, ZIP: Carlsbad, CA 92010 ----------------------------------------------------------------------TELEPHONE: 760-692-4100 EMAIL ADDRESS: bhofman@hofmanplanning.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~E fkj ... _. £;:B, ?.dt IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IMJE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON E TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAN AND I D ANY SUCCES RS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of 5 JUN 2 6 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: I ~ Revised 07/10 City of Carlsbad Faraday Center Faraday Cashiering 001 1319701-1 07/16/2013 32 Tue, Jul 16, 2013 02:16PM Receipt Ref Nbr: R1319701-1/0017 PERMITS -PERMITS Tran Ref Nbr: .131970101 0017 0018 Trans/Rcpt#: R0096004 SET #: GPA12001 Amount: Item Subtotal: Item Tot a 1: 1 @ $72.68 $72.68 $72.68 ITEM(S) TOTAL: $72.68 Check (Chk# 002135) $72.68 Total Received: $72.68 Have a nice day! **************CUSTOMER COPY************* c City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111 ~111111111~ 111111111111111111111111111~ 11111111 Applicant: ALLEN GROUP THE Description Amount GPA12001 72.68 Receipt Number: R0096004 Transaction ID: R0096004 Transaction Date: 07/16/2013 Pay Type Method Description Amount Payment Check 2135 72.68 Transaction Amount: 72.68 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllllllll~lllllllllllllllgllllllllllllllllllllllllll~llll Applicant: ALLEN GROUP THE Description tN /A) 'f> Ft!!f5 GPA12001 Amount 2,151.50 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0095125 Transaction ID: R0095125 Transaction Date: 05/20/2013 Pay Type Method Description Amount Payment Check 15 2,151.50 Transaction Amount: 2,151.50 ~------------ 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 l~l~liiiiiiiiiiiiiiiUI Applicant: THE ALLEN GROUP Description Amount ZC120001 4,996.30 Receipt Number: R0090116 Transaction ID: R0090116 Transaction Date: 06/25/2012 Pay Type Method Description Amount Payment Check 4,996.30 Transaction Amount: 4,996.30 City of Carlsbad Faraday Center Faraday Cashiering 001 1217701-2 06/25/2012 98 Mon. Jun 25, 2012 04:34 Pt1 i··:' pt Ref Nbr: R1217701-2/0067 PERMITS -PERMITS Tran Ref Nbr: 121770102 0067 0076 Trans/Rep+#: R0090116 SET #: ?: !001 Amount. Item Subtota 1 · Item Total: PERMITS -PERMITS 1 @ $4,996.30 $4,996.30 $4,996.30 Tran Ref Nbr: 121770102 0067 0077 T~~ns/Rcpt#: R0090117 .;d #: L-fPA0408A L.Cf'A12-D~ Amount : 1 @ $4,391 . , Item Subtotal: $4,391.25 Item Total: $4,391.25 P~KMITS -PERMITS Trar PP.f Nbr: 121770102 0067 0078 Tr;;: . :cpt#: R0090118 St: " . 8flM408A ~M~ I nt: 1 r; $5, 777 . 00 Subtotal : $5, 7 77.00 . Ldm Total: $5,777.00 :TEM(S) TOTAL: $15,164.55 Check (Chk# 000005283: $15,138.00 Credit Card (Auth# 0205U7) $26.55 Total Received: $i5,164.55 Have a nice day! **************CUSTOMER COPY********'**** c City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111/I~IIIIU~IIImllll/1111111 Applicant: THE ALLEN GROUP Description Amount LCPA0408A 4,391.25 Receipt Number: R0090117 Transaction ID: R0090117 Transaction Date: 06/25/2012 Pay Type Method Description Amount Payment Check 4,391.25 Transaction Amount: 4,391.25 0 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111~1111111~1~ I~ II m111111111111~1111~ Ill Applicant: THE ALLEN GROUP Description Amount GPA0409A 5,777.00 Receipt Number: R0090118 Transaction ID: R0090118 Transaction Date: 06/25/2012 Pay Type Method Description Amount Payment Check 5,777.00 Transaction Amount: 5,777.00 c II Hofman Planning & Engineering TRANSMITTAL To: From: Shay Even Company: City of Carlsbad, Planning Dept. D For Your Information Address: Faraday Ave. D For Your Approval Phone: X For Your Review Date: June 19, 2012 D As Requested Project: Kelly Corporate Center Delivery: Hand Delivery SUBJECT: Kelly Corporate Center-Land Use and Zoning Change Attached are the following items: Copies Date Description Pages 1 6-19-12 Form P-1 Land Use Review Application 2 1 6-19-12 Form P-1 (A) Disclosure Statement 2 1 6-19-12 Form P-1 (B) Project Description 1 1 6-5-12 Form P-1 (C) Hazardous Waste Statement 1 1 6-5-12 Form P-1 (D) EIA Information 4 1 6-19-12 Form P-1 (E) Time Limits on Discretionary Projects 1 2 6-12-12 Title Report 1 4-30-12 Public Notice Package (59 labels) 4 6-19-12 200 scale exhibit 2 6-19-12 500 scale exhibit 1 5-11-12 Conceptual Site Plan 1 6-12-12 Check #5283 for $15,138.00 Feel free to contact me if you have any questions. Hofman Planning & Engineering Shay Even Assistant Planner Tel: (760) 692-4019 Direct Fax: (760) 692-4105 Email: seven@hofmanplanning.com 526 RECEIVED JUN 2 6 2012 CITY OF CARLSBAD PLANNING DIVISION 1 1 1 1 3152 Lionshead A venue · Carlsbad · CA · 9201 0 · 7 60-692-41 00 · Fax 7 60-692-41 05 )....~ 'l u 1· A I "i L N GROlJP From: Shay Even [mailto:seven@hofmanplanning.com] Sent: Monday, June 11, 2012 2:11 PM To: Harve Filuk Cc: 'Bill Hofman' Subject: Kelly Corporate -Zone Change Hi Harve, Page 2 of2 Below is a breakdown of the fees for submittal. I received the noticing package from Title Pro, and I will be preparing the exhibit this week. Please let me know when we can expect the submittal fees so I can have everything ready to go. Zone Change 6,233.00 Less 25% for Multiple Applications -1,558.25 TOTAL FEE 4,674.75 Local Coastal Program Amendment 5,855.00 Less 25% for Multiple Applications -1,463.75 TOTAL FEE 4,391.25 General Plan Amendment 5, 777.00 TOTAL FEE 5,777.00 I Notice Fee TOTAL FEES FOR SUBMITTAL: 115,138.00 I We've moved! Please note our new building number below. Shay Even, Assistant Planner HOFMAN PLANNING & ENGINEERING 3156 Lionshead Avenue, Ste. 1 • carlsbad • CA • 92010 760-692-4019 Direct· 760-692-4100 General 760-692-4105 Fax www.hofmanplanning.com 6/12/2012 ;I'' DISCLOSURE STATEMENT P·1(A) Dcrclqqmcnc Scnjccs ~' ~ CITY OF ,........, ..... .,. 1ii5 F .... Avtmwe CARlSBAD (711) Ml..tilG www.cwlsOacilca.Jov Applicanl's statement CiK' cMc~Gaure of certain ownership internts CiHl all applications which wil r..-. t.titcretionafy action on the part of the City CCHJilCU CiK' aAY appGiAted Board, Commission GM' Convniteee. The folowtng informlltiGn .IIWII be disciGiec:l at the time of application submittal. Your project canoot be reviewed unti lhia inf~ is oompleted. Pie .. print. Nata: ......... Ia ........ "My lnGMcitulll, "'"'·~.joint ventlft, ~ ucill ctul,.....,.... ~. ~ ..... truat. receiver, ....... In.,._,""'...., ....... ,.,-ceunty, ~ ~. dH'tct ar ahr pGIIIUCIIIIUbGII"AIIOn arMY other lfOUP ar ~ IICtinQ u a unit • AgeBta NY lip INa document; howeVer, the legal name and entity of the ippllcent anct pn:tperty awner mutt 1M~ !*ow. 1. APPLICANT (Not the appflcaftt's agent) Provide the COIIPLITE, LIML MmH and aGciirHMs of 61.1. pei'IQnl having a tMncillllnterelltln ... applcatien. If the applicant .,... ..... " gr MI1Atqbip, inck.acde tie namn, tillel, --..... d al ~ CMR4ng men llan 10% of h ..... tf NO IHOIVIDUALS OWN MORE THAN 1K OF THe SHARES, PLEASE INOtCATE NON-APPLICAILE (NIA) IN THE SPACE BELOW. If a FM"*'Y-ewnr' CijQilHilltlcim. lnclwcde the name., titles, and adcitreues of lle corpc;nte ~. (A separate page may be attached If necessary.) Peraon CGrp/Part Al '& D~( !?f 1\t t'\. + Bt~ 1 /..,(..G. 2. JI0-1(A) Tille Title ~'f"Y Atldress Address uqcr; e Ct&~ i )t 0 ~\ .sv.: fc.-.'l.-~0 .stl"" OitGo1 lAc\ ti~t~o OWNER (Not the owner's agent) J ProviGie the CQMPLETE, LEGAL names and adc!tresMS of 6&.1. persons having any ownership Interest In the prCDpelty lnvQiveGt. AIIG, proWte tM nMire of tie legal GWNnhlp <I.e., pMner8hlp, tenants In CQfMlQA, AGn-protit, CGrpei)latian, etc.). Jf the ownership inGiuciiH a G'MlPA"'iiii • wlMQbio, lnclwde the names, .... addresses of aM inctfviGIUtlll QWIUng more .,_ 10% of the shares. IF NO IHOMOUALS OWN MORE THAN 10% Of THE SHARES, PLEAS£ INOtCA TE NON-APPLICABLE (NIA) IN THE SPACE BELOW. ~f a ~ CQRiMiM'JIIk.m, Include tM names, titles, and acifdlltSMI of the C011*8le GMcerl. (A separate P11P may be altilehed tf neGellaty.) Person CGrp/Pirt ~/y koYf()Y(Jf!c(Ltt.fwti, U.C... r• r•~~o~~~~~~----------- Address Address "&f'-1; e L ~k i b () fktt I ~; k-'WD I Sq ""-Q '<10 I CA '}'l..t; 0 Pqe1Df2 Revllecl 07/10 3. NON-PROFIT ORGANIZATION OR TRUST 4. If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfiUTrust Non ProfiUTrust. _________ _ Title ___________ _ Title _____________ _ Address. __________ _ Address. ____________ _ Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? ~0 If yes, please indicate person(s): ___________ _ Oves NOTE: Attach additional sheets if necessary. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 «~i ~ CITY OF CARLSBAD - HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): I!] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: The Allen Group Address: 11943 El Camino Real, Ste. 200 San Diego, CA 92130 Phone Number: 858-764-6800 ·------------------------- Address of Site: 6010 Hidden Valley Road PROPERTY OWNER Name: Kelly Corporate Center II, LLC & Kelly Corporate Center IIA, LLC Address: 11943 El Camino Real, Ste. 200 San Diego, CA 92130 Phone Number: __ 8_58_-7_6_4-6_8_00 _____ _ Local Agency (City and County): __ Ca_r_lsb_a_d_, Sa_n _Di_eg;;...o ________________ _ Assessor's book, page, and parcel number: 212-040-67, 212-040-68, 212-040-69 Specify list(s): __________________________ _ Regulatory Identification Number: _______________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 07/10 - ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 6--2J=--:?&f~ (To be completed by City) Application Number(s): ..l.o6~~~~..:...__1:....:2::...-o-=....:..,( f-/i="'-=c...~tc...:"Z..::...-o=-...!..,( h'-'t,~o::::....::c~p,.!...!~~/..!::'2.---::.....;:.o...:z.=---------/ General Information 1. Name of project: Kelly Corporate Center Zone Change 2. Name of developer or project sponsor: _T_h_e_A_II_en_G_ro_u_P ______________ _ Address: 11943 El Camino Real, Ste. 200 City, State, Zip Code: _s_a_n_D_ie_g_o_, _cA_92_1_3_o __________________ _ PhoneNumber: _s_ss_-_76_4_-_6s_o_o ______________________ _ 3. Name of person to be contacted concerning this project: Hofman Planning & Engineering Address: 3152 Lionshead Ave. (Bill Hofman) City, State, Zip Code: _c_a_r_ls_ba_d_,_c_A_9_2_01_o ___________________ _ Phone Number: 760-692-4100 ---------------------------- 4. Address of Project: 6010 Hidden Valley Road, Carlsbad (and adjacent vacant property) Assessor's Parcel Number: 212-040-67, 212-040-68, 212-040-69 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: General Plan Amendment, Zone Change, Local Coastal Program Amendment 6. Existing General Plan Land Use Designation: _P_I ----------------- 7. Existing zoning district: _P_-_M_-_o ______________________ _ 8. Existing land use(s): _c_o_m_m_e_rc_ia_l _____________________ _ 9. Proposed use of site (Project for which this form is filed): -------------- Proposed change of land use designations to Office. Project Description 10. Site size: 7.42 Acres 11. Proposed Building square footage: _T_B_D ___________________ _ 12: Number of floors of construction: _T_BD ____________________ _ 13. Amount of off-street parking provided: _T_B_D __________________ _ 14. Associated projects: --------------------------- P-1(0) Page 2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: ----------- N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: --------- 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: --------------------- Application to amend current land use and zoning designations to Office. P-1(0) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D ~ alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 ~ roads. 22. Change in pattern, scale or character of general area of project. 0 [[! 23. Significant amounts of solid waste or litter. D !Kl 24. Change in dust, ash, smoke, fumes or odors in vicinity. D ~ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or 0 ~ alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 0 IKl 27. Site on filled land or on slope of 10 percent or more. D IKl 28. Use of disposal of potentially hazardous materials, such as toxic substances, D ~ flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 ~ etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D ~ 31. Relationship to a larger project or series of projects. D 1K] Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my kn~nd bel~ Date: l..tJ -'5 -I 2.. Signature: ---'~'>E-~""'---~----'~...L::....------- For: P-1(D) Page 4 of4 Revised 07/10 d~j: ""'~q j ~ CITY OF CARLSBAD - TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call ~0. / / Applicant Signature: ~ Staff Signature: u~J Lvvtb Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 First American Title 1. Commercial Commitment Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 1 First American Title Insurance Company National Commercial Services June 12, 2012 Shay Even Hofman Planning 3152 Lionshead Avenue Carlsbad, CA 92010 Phone: (760)692-4019 Fax: (760)692-4105 Customer Reference: Title Officer: Phone: Order Number: Property: 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 212-040-67, 212-040-68 & 212-040-69 Ralph Snyder/ Vince Tocco (858)410-3886 NCS-547893-SD 6010 Hidden Valley Road, Carlsbad, CA Attached please find the following item(s): Commitment Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! First American Title Insurance Company First American Title ,-------- First American Title Form No. 1068-2 ALTA Plain Language Commitment First American Title INFORMATION Commitment No.: NCS-547893-SD Page Number: 2 The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Agreement to Issue Policy Schedule A 1. 2. 3. 4. Commitment Date Policies to be Issued, Amounts and Proposed Insured Interest in the Land and Owner Description of the Land Schedule B-1 -Requirements Schedule B-2 -Exceptions Conditions First American Title YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Page 3 4 4 4 4 First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 3 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. First American Title First American Title Form No. 1068-2 Commitment No.: NCS-547893-SD Page Number: 4 ALTA Plain Language Commitment SCHEDULE A 1. Commitment Date: June 05, 2012 at 7:30A.M. 2. Policy or Policies to be issued: Amount (A) ALTA Standard Owner Policy-2006 $To Be Determined Proposed Insured: To Be Determined (B) ALTA Extended Loan Policy-2006 $To Be Determined Proposed Insured: To Be Determined 3. (A) The estate or interest in the land described in this Commitment is: Fee Simple as to Parcels A, A1, Band B1, an easement as to Parcels A2, A3, B2 and B3. (B) Title to said estate or interest at the date hereof is vested in: Kelly Corporate Center II A, LLC, a California limited liability company, as to Parcel A; and Kelly Corporate Center II, L.L.C., a Delaware limited liability company, as to Parcel B 4. The land referred to in this Commitment is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Parcel A: Parcel 2 of Parcel Map No. 19207, in the City of the Carlsbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, April 9, 2003 as Instrument No. 2003-0402795 of Official Records. Parcel A1: An undivided fifty percent (50%) interest, as tenants-in-common, in and to Parcel 1 of Parcel Map No. 19207 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 2003, as Instrument No. 2003-0402795 of Official Records. Parcel A2: A non-exclusive easement for pedestrian and vehicular access, ingress and egress over Parcel 4 of Parcel Map No. 19207 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 2003, as Instrument No. 2003- 0402795 of Official Records, as created by, and subject to the terms of that certain Declaration of Reciprocal Access Easement and Drainage Easement recorded April 9, 2003 as Instrument No. 2003-0402797 of Official Records. Parcel A3: First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 5 A non-exclusive easement for vehicular parking, ingress and egress over Parcel 1 of Parcel Map 19207 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 2003, as Instrument No. 2003-0402795 of Official Records, as created by, and subject to the terms of that certain Declaration of Parking Easement recorded April 9, 2003 as Instrument No. 2003-0402798 of Official Records. Parcel B: Parcel 3 of Parcel Map No. 19207, in the City of the Carlsbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, April 9, 2003 as Instrument No. 2003-0402795 of Official Records. Parcel B1: An undivided fifty percent (50%) interest, as tenants-in-common, in and to Parcel 1 of Parcel Map No. 19207 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 2003, as Instrument No. 2003-0402795 of Official Records. Parcel B2: A non-exclusive easement for pedestrian and vehicular access, ingress and egress over Parcel 4 of Parcel Map No. 19207 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 2003, as Instrument No. 2003- 0402795 of Official Records, as created by, and subject to the terms of that certain Declaration of Reciprocal Access Easement and Drainage Easement recorded April 9, 2003 as Instrument No. 2003-0402797 of Official Records. Parcel B3: A non-exclusive easement for vehicular parking, ingress and egress over Parcel 1 of Parcel Map 19207 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 9, 2003, as Instrument No. 2003-0402795 of Official Records, as created by, and subject to the terms of that certain Declaration of Parking Easement recorded April 9, 2003 as Instrument No. 2003-0402798 of Official Records. APN: 212-040-67-00, 212-040-68-00 and 212-040-69-00 First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 6 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): 39 and 40 (F) Other: None (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: None The following additional requirements, as indicated by "X", must be met: [X] (H) Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form( as provided by company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [] (I) An ALTA/ACSM survey of recent date, which complies with the current minimum standard detail requirements for ALTA/ACSM land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [X] (J) The following LLC documentation is required: First American Title (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 7 [) (K) The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [] (L) The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [X] (M) Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [] (P) Potential.additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [] (Q) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. [] (R) The Company's "Indemnity Agreement I" must be executed by the appropriate parties. [] (S) Financial statements from the appropriate parties must be submitted to the Company for review. [] (T) A copy of the construction contract must be submitted to the Company for review. [] (U) An inspection of the land must be performed by the Company for verification of the phase of construction. First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 8 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. General and special taxes and assessments for the fiscal year 2012-2013, a lien not yet due or payable. 2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 91-236959 of Official Records. 3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 3, as disclosed by Notice of Special Tax Lien recorded April 26, 1994 as Instrument No. 94-277976 of Official Records. An Annexation Map No. 1 of Community Facilities District No. 3 of Carlsbad Unified School District, recorded May 16, 1995 as Instrument No. 95-205176 of Official Records. An Amended Annexation Map No. 1 to boundaries of Community Facilities District No. 3, recorded June 16, 1995 as Instrument No. 95-254037. 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 5. Water rights, claims or title to water, whether or not shown by the public records. 6. An easement for public road and incidental purposes, recorded October 5, 1899 in Book 280, Page 292 of Deeds. In Favor of: Affects: San Diego County The route or location of said easement cannot be determined from the record. The location of the easement cannot be determined from record information. 7. An easement for the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof and incidental purposes, recorded August 16, 1960 as Instrument No. 165716 of Official Records. In Favor of: Affects: The County of San Diego Parcel 1 Said grantor, does hereby waive all claim for compensation for any and all damages on account of the location, establishment and construction of said highway. First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 9 8. Abutter's rights of ingress and egress to or from Palomar Airport Road, per Road Survey Map No. 1534, existing and future widening, with the exception of public street openings designated on parcel a of Parcel Map No. 2993, adjacent thereto have been relinquished in the document recorded August 23, 1974 as Instrument No. 230327 of Official Records. 9. The terms and provisions contained in the document entitled "Future Improvement Agreement" recorded August 23, 1974 as Instrument No. 74-230328 of Official Records. 10. The terms and provisions contained in the document entitled "Future Improvement Agreement" recorded August 23, 1974 as Instrument No. 230329 of Official Records. 11. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded November 8, 1982 as Instrument No. 82-343970 of Official Records. 12. The fact that said land lies within the Assessment District No. 86-1 Palomar Airport Road City of Carlsbad, as disclosed by instrument recorded January 29, 1986 as Instrument No. 86-37400, July 7, 1988 as Instrument No. 88-329466, and July 7, 1988 as Instrument No. 88-329467, all of Official Records. 13. An easement for open space and incidental purposes, recorded August 25, 1988 as Instrument Nos. 88-426568 and 88-426569, both of Official Records. In Favor of: The City of Carlsbad Affects: Parcel 1 14. An easement for the privilege and right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for the construction and maintenance thereof and incidental purposes, recorded August 25, 1988 as Instrument Nos. 88-426572 of Official Records. In Favor of: The City of Carlsbad Affects: Parcel 1 15. An easement for installation, construction, maintenance, repair, replacement, reconstruction and inspection of an enclosed or unenclosed flood drainage channel and all structures incidental thereto, and for the flowage of any waters in, over, upon or through said channel, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of said easement and right-of-way by the grantee, its successors or assigns and incidental purposes, recorded August 25, 1988 as Instrument No. 88- 426573 of Official Records. In Favor of: Affects: The City of Carlsbad Parcel 1 16. Covenants, conditions, restrictions and easements in the document recorded July 10, 1989 as Instrument No. 89-362401 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604( c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 17. The terms and provisions contained in the document entitled "Memorandum of Contribution and Acquisition Agreement" recorded May 2, 1997 as Instrument No. 1997-0205446 of Official Records. First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 10 18. A resolution of the City Council of the City of Carlsbad, California, Overruling and Denying Protests and Establishing Bridge and thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane) to finance the costs of major public improvements in said City, recorded July 22, 1997 as Instrument No. 97-349124 of Official Records. 19. An easement for public utilities and incidental purposes, recorded December 9, 1998 as Instrument No. 98-798577 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company A portion of said land The location of the easement cannot be determined from record information. 20. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 13, 1999 as Instrument No. 99-807418 of Official Records. 21. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 13, 1999 as Instrument No. 99-807419 of Official Records. 22. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded July 20, 2000 as Instrument No. 00-383929 of Official Records. 23. The terms and provisions contained in the document entitled "Notice Concerning Aircraft Environmental Impacts Case No. SDP-97-25/CDP 97-52" recorded July 20, 2000 as Instrument No. 00-383930 of Official Records. 24. The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Aviara Parkway Transportation Corridor(s) Case No. SDP 97-25/CDP 97-52" recorded July 20, 2000 as Instrument No. 00-383931 of Official Records. 25. The terms, provisions and easement(s) contained in the document entitled "Aircraft Operations, Sound, Airspace and Avigation Easement Deed Case No. SDP-97-25/CDP 97-52" recorded November 9, 2000 as Instrument No. 00-609460 of Official Records. 26. An easement for public drainage and incidental purposes, recorded August 20, 2002 as Instrument No. 02-704505 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation Parcel 1 27. An easement for public drainage and incidental purposes, recorded February 13, 2003 as Instrument No. 03-171105 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation Parcel 1 28. An easement for public utility and access and incidental purposes, recorded February 13, 2003 as Instrument No. 03-171106 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation Parcell 29. An easement for public utility and access and incidental purposes, recorded February 13, 2003 as Instrument No. 03-171107 of Official Records. In Favor of: Affects: First American Title City of Carlsbad, a Municipal Corporation Parcel 1 ------------- First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 11 30. An easement for open space and incidental purposes, recorded February 13, 2003 as Instrument No. 03-171108 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation Parcel 1 31. Abutter's rights of ingress and egress to or from a portion Hidden Valley Road have been relinquished in the document recorded February 13, 2003 as Instrument No. 03-171111 of Official Records. Affects Parcel 1 of Parcel Map No. 19207 32. An easement for public trail and incidental purposes, recorded February 13, 2003 as Instrument No. 03-171112 of Official Records. In Favor of: Affects: City of Carlsbad, a Municipal Corporation Parcel 1 33. An easement shown or dedicated on the map filed or recorded April 09, 2003 as Parcel Map No. 19207 of Parcel Maps For: Sight Distance Corridors and Future water easement per separate document and incidental purposes. (Affects Parcel 1 of Parcel Map No. 19207) 34. The terms and provisions contained in the document entitled "Declaration Regarding Maintenance of Retention Basin and Drainage Channel and Open Space Area" recorded April 9, 2003 as Instrument No. 03-402796 of Official Records. 35. The terms, provisions and easement(s) contained in the document entitled "Declaration of Reciprocal Access Easement and Drainage Easement" recorded April 09, 2003 as Instrument No. 03-402797 of Official Records. 36. The terms, provisions and easement(s) contained in the document entitled "Declaration of Parking Easement" recorded April 09, 2003 as Instrument No. 03-402798 of Official Records. 37. Covenants, conditions, restrictions and easements in the document recorded April 9, 2003 as Instrument No. 03-402799 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national origin, source of income (as defined in California Government Code 12955(p)), to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 38. Rights of parties in possession. The Following Matters Affect Parcel A: 39. A deed of trust to secure an original indebtedness of $11,600,000.00 recorded January 30, 2004 as Instrument No. 04-0075749 of Official Records. Dated: January 30, 2004 Trustor: Kelly Corporate Center II A, LLC, a California limited liability company Trustee: First American Title Insurance Company Beneficiary: General Electric Capital Business Asset Funding Corporation First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 12 A document entitled "Assignment of Rents and Leases" recorded January 30, 2004 as Instrument No. 04-0075750 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust. 40. A financing statement recorded January 30, 2004 as Instrument No. 04-0075751 of Official Records. Debtor: Kelly Corporate Center II A, LLC Secured party: General Electric Capital Business Asset Funding Corporation A continuation statement was recorded September 26, 2008 as Instrument No. 2008-0509675 of Official Records. First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment INFORMATIONAL NOTES Commitment No.: NCS-547893-SD Page Number: 13 1. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $0.00, INACTIVE Second Installment: $0.00, INACTIVE Tax Rate Area: 09018 APN: 212-040-67-00 (Affects Parcels A1 and 81) 2. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $55,039.43, PAID Second Installment: $55,039.43, PAID Tax Rate Area: 09018 APN: 212-040-68-00 (Portion of Community Facilities District included) (Affects Parcel A) 3. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $5,092.39, PAID Second Installment: $5,092.39, PAID Tax Rate Area: 09018 APN: 212-040-69-00 (Affects Parcel B) 4. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 6010 Hidden Valley Road, Carlsbad, California. (Affects Parcel A and the Westerly portion of Parcels A1/B1) 5. The property covered by this report is vacant land. (Affects Parcel Band the Easterly portion of Parcels A1/B1) 6. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 7. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 14 The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment 1. DEFINITIONS CONDITIONS Commitment No.: NCS-547893-SD Page Number: 15 (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b )"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B-Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section One or eliminate with our written consent any Exceptions shown in Schedule B-Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment ~ I First American Title -..,..~.!iF Privacy Information We Are Committed to Safeguarding Customer Information Commitment No.: NCS-547893-SD Page Number: 16 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to non public personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non public personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personalmformation with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web s1tes. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. F1rstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responstbly when we use information about a consumer in our business. We Will obey the laws governmg the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. '" Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 17 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B First American Title First American Title Form No. 1068-2 Commitment No.: NCS-547893-SD Page Number: 18 ALTA Plain Language Commitment This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or ~xpenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 19 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: l. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 20 (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: l. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. 3. 4. 5. 6. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) thi9t are created, allowed, or agreed to by you (b) thi9t are known to you, but not to us, on the Policy Date--unless they appeared in the public records (c) thilt result in no loss to you (d) that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment EXCLUSIONS Commitment No.: NCS-547893-SD Page Number: 21 In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use e. land division d. improvements on the land f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, S.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; '(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14or16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that a rise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment (i) the occupancy, use, or enjoyment of the Land; Commitment No.: NCS-54 7893-SD Page Number: 22 (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. First American Title First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-547893-SD Page Number: 23 (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. First American Title E.Cst J. Dronenburg, Jr0 COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 *Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 *Fax (619)557-4155 Transaction#: 304351520130930 Deputy: DHERNAN2 CITY OF CARLSBAD OCT 02 2013 ( Location: COUNTY ADMINISTRATION BUILDING 30-Sep-2013 08:21 PLANNINbOtPARTMENT FEES: 2,156.25 Qty of 1 Fish & Game Neg Dec (1800) for Ref# 20130158 50.00 Qty of 1 Fish and Game Filing Fee for Ref# 2013 0790 ------ 2,206.25 TOTAL DUE PAYMENTS: 2,206.25 Check ------ 2,206.25 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property V a1ues * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents State of California-The Resources~cy DEPARTMENT OF FISH AND WILDLIFE 2013 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD PLANNING DIVISION COUNTYISTATEAGENCY OF FILING SAN DIEGO PROJECTTITLE KELLY CORPORATE CENTER PROJECT APPLICANT NAME THE ALLEN GROUP PROJECT APPLICANT ADDRESS 11943 EL CAMINO REAL, SUITE 200 PROJECT APPLICANT (Check appropriate box): Cl local Public Agency Cl School District CHECK APPLICABLE FEES: · Cl Environmental Impact Report 12J Negative Declaration CITY SAN DIEGO Cl Other Special District Cl Application Fee Water Diversion (State Water Resources Control Board Only) Cl Projects Subject to Certified Regulatory Program 12J County Administrative Fee Cl Project that is exempt from fees Cl Notice of Exemption Cl DFG No Effect Determination (Form Attached) l1 3 0 1 5 8 Cl Other------------------- PAYMENT METHOD: Cl Cash Cl Credit IZl Check CJ Other CHK# 73 SIGNATURE x ON. Hernandez RECEIPT# SD2013 0790 STATE CLEARING HOUSE#(Ifapplicabte) 2013051068 STATE CA Cl State Agency $2,995.25 $2,156.25 $850.00 $1,018.50 $50.00 $ $ $ $ $ DATE 09/30/2013 DOCUMENT NUMBER *20130158* PHONE NUMBER 858-764-6800 ZIP CODE 92130 12) Private Entity $2,156.25 $50.00 $ _______ _ TOTALRECEIVED $ ____ $_2_,2_0_6_.2_5_ I TITLE Deputy __ j II IIIII IIIII IIIII IIIII IIIII IIIII 11111111111111 1111 ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7108) Notice of Det't!rmination To: Office of Planning and Research PO Box 3044 From: CITY OF CARLSBAD Planning Division Sacramento, CA 95812-3044 1635 Faraday Avenue ~ 0 [L ~ liD Carlsbad, CA 92008 fmreli!J ~.llt-~~Ciall SD County Clerk Attn: James Scott 1600 Pacific Highway, Suite 260 PO Box 121750 San Diego, CA 92101 (760) 602-4600 SEP302013 130158 ON. Hernande~ Project No: GPA 12-01/ZC 12-01/lCPA 12-02 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Keily Corporate Center Project Title 2013051068 City of Carlsbad, Van lynch State Clearinghouse No. Lead Agency, Contact Person City of Carlsbad, San Diego County Project Location (include County) Name of Applicant: The Allen Group Applicant's Address: 11943 El Camino Real, Suite 200, San Diego, CA 92130 Applicant's Telephone Number: (858) 764-6800 (760) 602-4613 Telephone Number Project Description: General Plan Amendment to change the General Plan Land Use from Planned Industrial (PI) and Open Space (OS) to Office (0) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (0) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 50,000 square foot office building and vacant lot with approvals for an-other 50,000 square foot office building located at the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5 This is to advise that the City of Carlsbad has approved the above described project on September 10, 2013, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment. 2. 0 An Environmental Impact Report (EIR) was prepared for this project pursuant to the provisions ofCEQA. ~ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 0 This project was reviewed previously and a(n) Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Negative Declaration with comments and responses and record of project pp oval is availa le to the General Public at THE CITY OF CARLSBAD. -IJ DON NEU, City Planner Date Date received for filing at OPR: Revised 05/13 /~" «~J,:> CITY OF ~CARLSBAD Community & Economic Development www.carlsbadca.gov MITIGATED NEGATIVE DECLARATION CASE NAME: Kelly Corporate Center CASE NO: GPA 12-01/ZCA 12-01/LCPA 12-02 PROJECT LOCATION: Southeast corner. of Palomar Airport Road and Hidden Valley Road, Carlsbad, San Diego PROJECT DESCRIPTION: A request for a General Plan Amendment, Zone Change, and Local Coastal Program (LCP) Amendment to change the General Plan and Local Coastal Program Land Use designation from Planned Industrial (PI) to Office (O) and to change the Zoning and LCP Zoning from Planned Industrial (P-M) to Office (O) on 7.5 acres of land located on the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. The site consists of two .75 acre development pads with a common 6.0 acre site that includes parking, associated access and parking driveways and site landscaping. The western pad has been developed with a 50,000 square foot office building. The second easterly pad has been graded and is vacant and has approvals (SOP 97-25) for a similar office building. The site is located adjacent to and southerly of Palomar Airport Road. To the east is an existing three story office building and to the south is Encinas Creek that has been land use designated open space and has existing open space easements for the preservation and maintenance of the open space. To the west is Hidden Valley Road with an office building located on the west side of the road. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: 1:8] Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. 0 The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). D Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: September 10, 2013, pursuant to City Council Resolution 2013-228 & City Council Ordinance CS- ATIEST[22t FILED IN THE OFFICE OF THE COUNTY CLERK San Diego County on _S_E_P _3 0_201_3 ---- ooN NEU Posted SFP j 0 2013 Removed. ______ _ City Planner Retumedto~on . . . . Deputy uN. R ...... ~e,....,.rn--a-nd~e-z-- Piannmg DIVISIOn 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax tr Cl Lr'J .:r 'i-b r"' ...n r'- c(J m Cl Cl Cl 3to 3~5 ~ Tot" '"'o>t<.qc .~ Fel·S L $ ~~tl ___ _ 11.1 !Se·,-,..-r6,---·--California Coastal Commission r=1 · Attn: Kanani Brown r"' fstreet: A;,tiVa Suite 103 Cl I or PO Box No. r--'ciir:·siiii.i:z1i' 7575 Metropolitan Drive San Diego, CA 92108-4402 ; If ' •• • Complete Items 1, 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: California Coastal Commission Attn: Kanani Brown Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type 0 Certified Mall 0Reglstered 0 Insured Mall 0 Express Mall 0 Return Receipt for Merchandise 0 C.O.D. 2. Article Number (fransfer from service label) 7011 2970 0003 8761 4509 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1li40! «~A')>, C I T Y 0 F ~CARLSBAD oFILE Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, August 7, 2013, to consider a request for the following: CASE NAME: GPA 12-01/ZC 12-01/LCPA 12-02-KELLY CORPORATE CENTER PUBLISH DATE: July 26, 2013 DESCRIPTION: Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 60,000 square foot office building and a vacant lot with approvals for another 60,000 square foot office building located at the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php?view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Van Lynch in the Planning Division at (760) 602-4613, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION @ Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax SITE MAP • N NOT TO SCALE Kelly Corporate Center GPA 12-01 I ZC 12-01 I LCPA 12-02 09 ··. ... . . @ SHT 2 ~ .$~~ ~NECOR <:,1~ '1!~·\'0 !>'1.~ • OF 097-215970 " . t:· ·,.r-ft.~9 • • • b~e.A:.-N15'13'13'W • ''"\'$ ...• 11.55 DETAIL "C" SCALE: 1"-100' @ SHT 1 SAN DIEGg COUNlY ASSESSORS MAP BOOK 212 PAGE 04 SHT 1 Of 2 A A S81 •34'51"E 9.01 DETAIL •a- t-O StALE SHT 1 ~VMefV~"~NI&~esmhso~lf W.Y NOT CMY WITH LOCAL SlBlMSION OR BUILDINGiUafDINA'NCEs. SHT 3 ..... oM ..... 0.1"1 DETAIL *'A• NO SCALE 1• OPEN SPACE 2* PAR 2 0.75 AC PER PM 19207 3* PAR 3 0.75 AC PER PM 19207 4*NOACCESS 5* TRAIL ESMT &• NO ACCESS 212-04 SHT 1 OF 2 Ol/16/lf)f/11ift} i .... ~.. ..., 1,. lt7!HI.. 12 IIG 11 IT t7 41 i '• .. 1101 31 II 11DZ 50 ll ~tl~ 98 4653 57 ft. 88 22 5I _,10-55 88 10007 5.3 Is 1'!, 98 78 41 .,.~. 99 4618 ~51 58 gg 1513 41 8Qa81 00 1630 81 PG 22 00 111 481155 82-85 00 1957 60 PO 23 01 1 56 (l.'i ~v 02 4754 \7~~ 88 02 2115 63&65 67-70 04 1115 66 =N 05 4702 68 .~,1' 05 5578 50 ~ 5 06 279 25 71&72 08 1129 MAP 823 -RHO AGUA HEOIOOOA -POR LOT G -MM51lf ROS 5715,8846,13466,15061.17 412 I 09 <:» :z ; @5 25 I ~ ~ i § ~ ; I I ~ ~ ~ ~ >-~ ~ ~ I !!! i ::I §! ~ U) I .... I ~ I i ~ sa i5 fPI'ROX LOC STEWART RO WD ~ SHT 1 d ~ ~ SHT 1 ~ SHT 2 MAP 12903-CARLSBAD TCT NO 85-17 ROS 5715,10019,13415,13466,16781 SAN OEGO COOtHY ~·s MAP ~ 212-04 SHT 2 OF 2 1" :;:: 400' 05/08/2013 JGO j 1ka.r ~h2 fi¥1 AAG From: 212-()1() IC HA_NC-,_~::3 /IlK PRIC1I APN IEWAPN l1i' fl!T/IG ~I ~ lD.:S 01 05 72 11#4 02 06 1HRIJ og 78 f74 05 'fA~ 89 47JS Ill? SAlEk 89 ~791 STWID o:Jk04 ST rP k 89 tJJ9 tO k 11 061HRIJtf '11HRIJ J7 92 ~It 05 SAlEk 92 48!U STWID 05 PlR 111-10 !J8 2 AG PR = AGRICUL TIJRAL PRESERVE 1• SDG&E lRANSMISSION ~ SHT 1 2• NO ACCESS CTRL lf10377 NSP CARLSBAD CT 09-03 (ALL PARCELS) _j 09 i I I :1 il 25 ~ I @ SHT 2 ~ i5 li i i i i i ~ I ;!! a ~ e ,.. ~ a lr BOWSPRIT~WA Y ~ I @ sa ~ SHT 2 ~ ... . ~ ...... ~ ::; i 1• ~ ~ "' I -z CD • en en -~ CT1 C'\J ~ c\.i ... 0 U::i ' 0 CT1 ~ c i rt) !l! J ::11 Q) sa ;;:, ,_ ;: ,_. C/) UJ 0 ~ CD I fB <A ~~ ... ,. OPEN SPACE <;: ,.. ::; ~ 0.81 AC @; ......... 37 (20) iii ,.. o.SS'Ac -) ··--....,. I-J j .. _)/ / /f SAH DIEGO COONJY ASSESSOl'S .YAP ~ 212-21 \' / SHT 1 OF 3 - , .. = 100' fJnMr 11/JI/IIfltk .HI Ftrllff: 211-()4() CHANGES IJJ( PRIOR AIW IEWNW Ill' QJrNtJ 1/D I 1IIIU 1J '"' 16 - 6i) SHT 1 1• OPEN SPACE M~P 13482-CITY OF CARLSBAD TCT 95-05 EMERALD RIDGE EAST_j ~ SHT 1 64.01 et !8 8 ® 0 ~ >-w ~ ~ <( > ---\ z 0 w -u 0 ~ 0 )> t-1 :I: (/) --i @ 0 :::0 SHT 2 56 68 152.~ ® !e ~ OPEN SPACE ~ fl.} ~ 5.36 AC @; 5 1J/J.t2 11 ® 168.75 12 @) 164.69 13 @ 159.73 14 @) 154.92 15 @) 158.15 16 @ @ SHT 1 SAN DIEGO COUNTY ASSESSOR'S MAP ~ 212-21 SHT 2 OF 3 1 " = 1 oo· ~~/ /)rMJ; 01. "" ' "'"""~ HI Fnm: 212-IHD CHANGES IJJ( PRlr1i N'N NEWAPN l1i' wrNI. 211 1 1HRI.I18 1998 76 ~ SHT 1 &J 7 88.96 ~ 24 ~ ® ~ 115..15 ~~ 23 ~::! ,__ @ (/) 109.89 ~ ~~ ~ &I ~ 101.99 ~ ~ !8 1'8 MAP 13482-CITY OF CARLSBAD TCT 95-05 EMERALD RIDGE EAS:J I I ~ I :£ < c ~ 1:5 I ~ ~ I {Q ; §i 6j SHT 2 ~ ..... 11 :;;; ~ 7. A.C ¢·03 m ~ SHT 1 SEE DETAIL •a" DETAIL "8 .. SCALE 1''=50' @ SHT 2 @ SHT 1 ~ 132.11 AC MATCH UNE "A" ~ 10.ai(AC OPEN SPACE fi12:1 ~ cii2J ~ SHT 2 Drurnr. 08/ft/97 Q~ rue FrtJm: 21HJJ2 ICHAN<~E~ fiLl( Plilf(R APN N!WAPN m cur NO 100 ()/ 1HRIJ 12 98 2 0Jd:05 IJ gg !(HI $a!~ ,., gg f2U I( SAil[ 1: gg 4114 STOP 14 "lfs'J SH 14:2 07 85 1* PRIVATE ST 2* ROCKEFELLER CT ... -... -· .. -.. MAT'CH.i..iNE"=A;.·.-... -... -... -... SHT~. .,·-···-···-···-···-···-···-----··'"-···-··· MAP 13408-CARLSBAD TCT 94-09 CARLSBAD RANCH UNITS 2 & 3 ROS 16331 _ _j 09 SHT 2 c® SAN DIEGO COUNlY ASSESSOR'S MAP BOOK 212 PAGE 04 SHT 1 OF 2 •A!J"!l~~ ~-NE COR s1G "" \6 r;,'l.~ • OF 097-215970 '\a--' "'·· • "R=25 • ~; .":"'""14.47 • . ~~o>.f:.-N15.13'13"W '<s · 11.55 63 SHT 1 @ 9.20 AC @ SHT 1 A 581 •34'51"E 9.01 DETAIL •e- 1'«> SCALE THIS IMP WAS PREPARED FORASSEss.Bif PURPOSESON..Y. NO~~ ASSIIIED FOR THE NXIJRN:f OF THE DATA SHOWN. ASSESSOR'S P~ W.Y NOT COI.A..Y WITH LOCAL SlEDIVISION OR BUILDING ORDINANCES. SHT 4 SHT 3 DETAIL ~A .. 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II m1z 3D • ~ .. u 50 'SSTWI'fpl: 98 4653 57 =r. 18 22 58 -111)-55 18 10007 53 sfR~J 98 78 41 ~~.&:· 99 4618 ..ea:51 58 99 1513 41 &Oa61 00 1630 61 PG22 00 111 ~55 62-65 00 1957 60 PG 23 01 1 56 ~~ 02 4754 ~~ 66 02 2115 63&65 67-70 04 1115 66 f'1 Ft: 05 4702 66 05 5576 50 p~~5 06 279 25 714:72 08 1129 MAP 823 -RHO AGUA HEDII:WDA -P'JR LOT G -MM511f ROS 5715,8846,13466,15061,17 412 I ~ ! @5 !i I ~ j!: • i u j i ~ I c I ~ ;§ ~ ~ I c l5 ~ I sa ~ ~ ~ ,..: g I !Z • m ~ I If i ~ =-sa j!: 09 Uill ~ SHT 1 I 2 @ OPEN •. 10.25 AC :SPACE :. ~1;. tt, ~ " ~ ..c. ~ ~ SHT 2 ® l.41 AC @ MAP 12903-CARLSBAD TCT NO 85-17 ROS 5715,10019,13415,13466,16781 SAN DEGO COJNTY A~'S YAP ~ 212-04 SHT 2 OF 2 1" = 400' 05/08/2013 JGD j lbwl: 02AJ6h2 8r AAG Fftlfll: 212-(H(} C.HAN<:"'ES BIJ( PRJai APN IEWAPN YR WTNO CUI j.svB lD. :S 01 05 72 71# 02 06 1HRtJ 09 7B 974 05 'fA"&! 89 47J5 fXlDffs06 S4AE ... 89 4791 STIID 034'04 ST r1' 4' 89 2JJ9 tO 111 061HRIJtl 12 1HRtJ J7 92 , 05 S4AEI 92 4894 STIID 05 Pal2t1-10 98 2 AG PR = AGRICUL 1URAL PRESERVE 1• SDG&:E TRANSMISSION ~ SHT 1 2• NO ACCESS CTRL #10377 NSP CARLSBAD CT 09-03 (ALL PARCELS) _j 09 >= ~ (ij SHT 2 11 @ 7.38 AC 31~-()i I SEE DETAIL "a"_/' I- I DETAIL "8" SCALE 1 "=50' N89'58'15"vt 892.06 ~ SHT 2 4t 132.11 AC ~ SHT 1 ~ 10.~AC OPEN SPACE MATCH UNE "A.. , d/ \9V SHT 2 DETAIL ''A" -SCALE 1"=50' 0r(IWII: 08/11/97 BY: f?JO From: 211-022 rr'HANC~ES 8IJ( PRJOR APN N£WAPN '1R CUT NO tOO 01 THRIJ 12 98 2 OJ&:OS IJ 99 1041 08. 12& ~~ 99 1214 -OfG-29 ,., S!Wf .t 99 4714 STOP 14 PG IJ 07 85 SHTS 1.t2 1* PRIVATE ST 2* ROCKEFELLER CT @5 SHT 1 ···-···-···-···-···-···-···-----···-·~·-··· ; F I } I MAP 13408-CARLSBAD TCT 94-09 CARLSBAD RANCH UNITS 2 & 3 ROS 16331 _ _j I ! it @5 I fa m ~ i I 5 z: i I I I ~ Cll ~ t!5 I ~ ~ I ra ~ ~ ,...: ! ~ I ~ I I ~ ~ .t ® 9 SHT 2 i! ~ 42 ~ 41 ®~@ 62.94 . 46 ! 47 @ ~Q 7 ~ @ SHT 2 !2ill \IV flO POR 62 LOT 62 ASSESSED ON PG 18 SHT 2 @ SHT 1 ~~ ~~ i ~~ a @ SHT 3 18 SAN DIEGO COUNTY ASSESSCR'S MAP SHT 1 OF 2 ~ 212-18 \ l ' 1·· = 1oo· P'·_.._/ 01/07/1998 JHH / tJtnn; OJ/t$/1197/Jx HI Frtim: 212-IHO CHANGES ll.K FRDIAI'fl IEWAPN tiD Dt1WIJJ2 1• OPEN SPACE 2• NO ACCESS WI Cl/7/1/(J tl91 91 MAP 13405-CARLSBAD TCT NO 95-03 EMERALD RIDGE WEST _j L2ill ~ SHT 1 L2ill ~ SHT 2 6ij SHT 1 14 @) 156.07 : 13 : @)~ 15UO" 12 : @)~ 1~7.-19 : POR 62 {3o) a.OO'Ac OPEN SPACE ~ cg ~ 4 ~ M ...( ~ 1* 1* 1* REMAINDER OF LOT 62 SHOWN ON PG 18 SHT 1 @ SHT 2 ffi SHT 1 SAN DIEGO COUNTY ASSESSM'S MAP ~ 212-18 . i SHT 2 OF 2 ~ 1" = 100' . 04/20/2012 SM J Drwn: OJ/15/1997/h "" from: 212-(H() IC""HAN<""ES 8tJ( PRIOR N'N NEJN'N )ll WTNG 181 017HRJJJJ 1997 97 1* OPEN SPACE MAP 13405-CARLSBAD TCT NO 95-03 EMERALD RIDGE WEST _j 09 ~ 5 >-I i i j i ~ I iS a = e ~ a :rl I !i I .. @ I !a E SHT 2 = ~ ~ ,..: ~ "' I co i C'l C'l -m (T) N ~ c'\.i q-~ U:i 0 (T) I c:: i ttl !!! ""') :II Cl.l !a ::I ,_ ~ Eft__-. -----------sAT 2 --------- ,_. {/) lLJ 0 ~ m ~ m \ft OPEN SPACE ~ 0.81 AC 37 (20) o.SS'Ac ·• @ SHT 1 ···-· ..,. ·' )J i ;\ .. / If SAN DIEGO COUNTY ASSESSOR'S YAP ~ 212-21 SHT 1 OF 3 , .. = 100' I)Mr 12/JI/If!ll/N .HI ,,. 211-040 r'HANC"" ES 1/U( PRIOR NW ftONW Ill' iaJr MJ 210 I RtiU 2J ~-" - 1• OPEN SPACE MAP 13482-CITY OF CARLSBAD TCT 95-05 EMERALD RIDGE EAST_j ~ I ~ CD I !i ~ i Ia m SHT 1 ~ i ~ ~ l5 z: ~ ::. ~ SHT 2 Cl 0::: >-w ...J ...J <( > -.... !i: 68 152.J9 ® N88 64.01 ~ 8 !8rn:i\ €J 56 OPEN SPACE 2:} ~ 5.36 AC @j 5 1.18.12 11 @) 168.75 159.7J 14 @) 154.92 15 @) 158.15 16 @ @ SHT 1 ~ lR ~ ~8 f<i~ ;: ~~ iii ~ ~ ~ !8 ~ SAN DIEGO eotJITY 'S MAP t 212-~1 SHT 2 DF 3 · 1" = oo· ~v Dtrltln: 01 ..... ... ·~ .JIH m· 212-fHD CHAN~ ~ES /lJ( PRKR N'N NfW/APN l1i' CIITNtJ 211 1 /ttv 18 1998 76 I I J I I L 'I" / 80 @ SHT 1 @r 7 .•· --/_/./ 88.96 23 ,__ @ C/) 1()9.89 22 @ 101.99 MAP 13482-CITY OF CARLSBAD TCT 95-05 EMERALD RIDGE EAS~ PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your lrj-u ~ terest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the .., Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Wednesday, August 7, 2013, to consider the following: San Dieg 1) SOP 01-04(A) -LA COSTA TOWN SQUARE -Request for ap-proval of a Site Development Plan Amendment (SOP 01-04(A)) to allow for the provision of common par king facilities in lieu of -------------------------:-=-::-:-:~-::~= individual use parking requirements and approve on 8.3 percent P.O . Box 120191, San Die~ parking reduction within the La Costa Town Square shopping center generally located on the northeasterly corner of La Costa Avenue and Rancho Santo Fe Rood in Neighborhood 13A of the AFFIDAVIT O f p h~ Costa Moster Plan and in Local Facilities Management zone STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, declar es under penalty of perj ury under the laws of the State of Cali fornia: That s he ts a resident of the Coun ty of Sa n Diego: That she tsandatall times herein mentioned was a citizen of the Umted States, over the age of twenty-one years, and that he is not a party to, nor mterested m the above entitled matter; that he is Chief Clerk for the publisher of The San Diego Union-Tribune-North County a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and whtch newspaper ts published for the dissemination of local news and mtelhgence of . a general character, and which newspaper at all the .umes herem mentioned had and still has a bona fide subscnptton bst of paymg subscribers, and which newspaper has been estabbshed, pnnted and published at regular intervals in the said City of San Otego, County of San Diego, for a period exceeding one year next precedmg the date of publication of the notice hereinafter referred to, and whtch newspaper ts not devoted to nor published for the mterests, entertamment or instruction of a particular class, profession, trade, .calhng, race, or denomination, or any number of same; that the. nottce of whtch the annexed is a printed copy. has been published m satd newspaper m accordance with the instructions of the person(s) requestmg pubhcattOn, and not in any supplement thereof on the following dates, to wtt: Chief Clerk f or the Publisher Jane Allshouse On this 26t\ day of July, 2013 The project is exempt from the California Environmental Quali-ty Act. 2) SOP 12-06/PUO 13-01/CUP 190(C) -COTTAGE ROW APART-MENTS -The project is exempt from the provisions of CEQA per the General Rule and a request for the approval of a Condi-tional Use Permit amendment CUP 190(C) to revoke Condition- al Use Permit CUP 190(B), and the approval of a Site Develop-ment Plan SOP 12-06 and Planned Development Permit PUD 13- 01 to allow for the existing 24 apartment units to remain onsite and be made available for rent to the general public on property generally located at 1400 Flometree Lane in Local Facilities Management Zone 20. The project is exempt from the California Environmental Quali- ty Act. 3) GPA 12-Gl/ZC 12-01/LCPA 12-G2-KELLY CORPORATE CEN- TER-Request for the recommendation of adoption of a Mitigat-ed Negative Declaration and a Mitigation Monitoring and Re- porting Program and a recommendation of approval of a Gener-al Plan Amendment to change the General Plan Land Use desig-nation from Planned Industrial (PI) and Open Space (OS) to Of-fice (0) and Open Space (OS), a Zone Change to change the zon-ing from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (0) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 60,000 square foot office building and a vacant lot with approvals for another 60,000 square foot office building located at the southeast corner of Palomar Airport Rood and Hidden Valley Road in Local Facilities Management Zones. Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19 of the Carlsbad Municipal Code), staff has conducted on environmen-tal impact assessment, which identified potentially significant impacts. Mitigation measures have been placed as conditions of approval for the project and the City Planner has issued a No- tice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), which was previously published in the newspaper for public re-view. If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the pub- lic hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hear- ing. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular busi- ness hours from 7:30 am to 5:30 pm Monday through Thursday ond8:00omto5:00pm Friday. Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://carlsbad.granicus.comNiewP ublisher.php?vlew id=6 on or after the Friday prior to the hear-ing dote. If you hove any questions, please call the Planning Di-vision at (760) 602-4600. PUBLISH: August 26,2013 10763274 CITY OF CARLSBAD PLANNING DIVISION ........ ------------ ATTACtiPBIT •1• I HEREBY CERTIFY THAT THE PROPERTY 0\f'MERS UST AND LABELS SUSMilTED TO · THE CITY OF CARLSBAD, ON THIS DATE REPRESENT l]:E lATEST AVAt~ INFORMATION FROM THE EQUAliZED ASSESSOR"S ROLES. cff-luw df1tt~ 5/'3;(1? APPLICATION NAME AND NUMBER f@m,l U?M>D H.A 1£5' ~T(;{i G t1t r "2--o r DATE: 7-r6-l] _______________ .... STATE OF CALIFORNIA GOVERNOR'S OFFICE a/PLANNING AND RESEARCH STATE CLEARINGHOUSE AND PLANNING UNIT EDMUND G. BROWN JR. KEN ALEX DIRECfOR GOVERNOR June 25, 2013 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: GPA 12-01/ZC 12-01/LCPA 12-02-Kelly Corporate Center SCH#: 2013051068 Dear Van Lynch: CITY OF CARLSBAD JUN 2 7 20J3 PlANNING DEPARTMENT The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that" reviewed your document. The review period closed on June 24, 2013, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future coiTespondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carTied out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Director, State Clearinghouse Enclosures cc: Resources Agency 1400 lOth Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov SCH# 2013051068 Document Details Re- State Clearinghouse DatJIWase Project Title GPA 12-01/ZC 12-01/LCPA 12-02-Kelly Corporate Center Lead Agency Carlsbad, City of Type Neg Negative Declaration {)e§cription _ Areguest for a_ General Plan Amendment, Zone Change~ and Local Coastal Program (LCP) Amendment to change the General Plan and Local Coastal Program Land Use designation from Planned Industrial (PI) to Office (0) and to change the Zoning and LCP Zoning from Planned Industrial (P-M) to Office (0) on 7.5 acres of land located on the southeast corner of Palomar Airport Road and Hidden Valley Road in Local FacilitiesManagement Zone 5. The 7.5-acre site consists of two .75 acre development pads with a common 6.0 acre site that includes parking, associated access and parking driveways and site landscaping. The western pad has been developed with a 48,000 sf office building. The second easterly pad has been graded and is vacant and has approvals (SOP 97-25) for a similar office building. The site is located adjacent to and southerly of Palomar Airport Road. To the east is an existing three story office building and to the south is Encinas Creek that has been land use designated open space and has existing open space easements for the preservation and maintenance of the open space. To the west is Hidden Valley Road with an office building located on the west side of the road. Lead Agency Contact Name Agency Phone email Address City Van Lynch City of Carlsbad 760 602 4613 1635 Faraday Avenue Carlsbad Fax State CA Zip 92008 Project Location County City Region Lat!Long Cross Streets Parcel No. Township Proximity to: San Diego Carlsbad 33° 7' 22" N I 11 r 18' 17" W Palomar Airport Road & Hidden Valley Road 212-040-67, 68, 69 Range Section Base Highways 1-5 Airports Railways Waterways Schools Land Use Project Issues Reviewing Agencies McClellan I Palomar NCTD Pacific Ocean Carlsbad USD 48,000 Professional Office Building and vacant office pad/Planned Industrial Traffic/Circulation Caltrans, Division of Aeronautics; California Coastal Commission; Department of Fish and Wildlife, Region 5; Department of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 11; Regional Water Quality Control Board, Region 9; Native American Heritage Commission; Public Utilities Commission; Resources Agency Date Received 05/24/2013 Start of Review 05/24/2013 End of Review 06/24/2013 STATE OF CALIFORNIA-BUSINESS TRANSPORT, a-"'ANP~H""'O...,.US'""'IN""'G""'AG,...E=NC.._.Y ______ __,,.__ __ _....E,..DMUND"""""~G ..... BR..,O=WN..,.,.,..Jr,._,G"'-"ov=em!.!..llo!!.or DEPARTMENT OF TRANSPORTATION DISTRICT 11, DIVISION OF PLANNING 4050 TAYLOR ST, M.S. 240 SANDIEGO, CA 92110 PHONE (619) 688-6960 Flex your power! FAX (619) 688-4299 Be energy efficient! TTY 711 www.dot.ca.gov o\'7~ ~\'?-~' \} JUN 19 2Gi3 June 19, 2013 Mr. Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Mr. Lynch: ("' 11-SD-5 PM47.02 Kelly Corporate Center MND I SCH #2013051068 The California Department of Transportation (Caltrans) appreciates the opportunity to review the Mitigated Negative Declaration (MND) and Traffic Impact Study (TIS) for the proposed Kelly Corporate Center (SCH #2013051068). Caltrans has the following comments: • The TIS does not address the potential impacts to the I-5 and Palomar Airport Road interchange. Figure 4-2, page 4-4 identifies that 30% of traffic goes westward toward the I-5 and Palomar Airport Road interchange. The project will generate 2,840 new Average Daily Trips (ADTs). All freeway entrance and exit ramps where the proposed project will add over . 50 peak-hour trips should.be analyzed. • The project will generate 2,840 ADTs with 14 AM and 273 PM peak hour trips. Please clarify why the AM peak hour trips are so low compared to the PM peak hour trips. If you have any questions, please contact Leila .Ibrahim of the Development Review Branch at (619) 688-6802. . STRONG, Branch Chief Development Review Branch ur.n.zt,~n.n.R i.n1.nrn11P.c: m.nhill:t'\J nrrncu::! r!n_lifflrnin" a FILE /rJ/1-!t.£6 ·7}3 /13 NOTIC-F PUBLIC HEARING-CITY o4nsBAD Response must be received by: July 24, 2013 Public Hearing Date: £.!A~u:E.us~t....t.7....:.:20~1!..:3~------------------------------- Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE, CARLSBAD, CALIFORNIA, 92008 Public Hearing Time: ~6.~·0~0-l!!!.m!!!:..... --------------------------------- Project Title: GPA 12-01/ZC 12-01/LCPA 12-02-Kelly Corporate Center Lead Agency: CITY OF CARLSBAD-PLANNING Contact Person: ..!V..!:!an!U=L~vn~c~h!__ ____________ _ Street Address: 1635 FARADAY A VENUE Phone: ~(7~6:.l!OL) 6~0~2:..::-4~6~1~3-------------- City: CARLSBAD Zip: 92008 County: ~SAN~~D~I~EG=O __________ _ PROJECT LOCATION~ County: SAN DIEGO City/Nearest Community: ~C:!..ITY~..:::O~F~C~ARL~~s~B~AD~-------- Cross Streets: Palomar Airport Road & Hidden Valley Road Total Acres: ..!..7.:.:;.5~---------------- Assessor' s Parcel No. 212-040-67, 68 & 69-00 Section: N/ A Twp. N/ A Range: N/ A Base: N/ A CAgua Hedionda Spanish Land Grant) Within 2 Miles: State Hwy #: I-5 Waterways: ~P~ac!:!.!i~fi~c....::O=:..:c::!:e~a~n ____________________ _ Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: ~C:!:!:ar~ls:!.!:b:::oa,._d_,.U~m~· fi~1e<>Od,__ __________ _ ENVIRONMENTAL DOCUMENT: SCH# 2013051068 CEQA: D NOP D Supplement/Subsequent D Early Cons D EIR (Prior SCH No.)------------- [8J Neg Dec 0 Other:------------------0 DraftEIR LOCAL ACTION TYPE: Ooeneral Plan Update 0 [8JGeneral Plan Amendment 0 0General Plan Element 0 Ozone Code Amendment 0 DEVELOPMENT TYPE: Specific Plan Master Plan Planned Unit Development Site Plan 0Residential: Units ---------- [8JOffice: Sq. Ft. _ _,4""'8 "'"00""0'--------- 0commercial: Sq. Ft.---------- 0Industrial: Sq. Ft.---------- 0Recreational: PROJECT ISSUES DISCUSSED IN DOCUMENT: OAestheticNisual 0 Flood Plain/Flooding 0Agricultural Land 0 Forest Land/Fire Hazard 0Air Quality D Geological/Seismic 0Archaeological!Historical 0 Minerals Ocoastal Zone IZI Noise 0Drainage/ Absorption D Population/Housing Balance 0Economic/Jobs D Public Services/Facilities 0Fiscal D Recreation/Parks Present Land Use/Zoning/General Plan Use [8J Rezone 0 UsePermit 0 Land Division (Subdivision, Parcel Map, Tract Map, etc.) Acres------ Acres 7.5 Acres _____ _ Acres _____ _ 0 Schools/Universities D Septic Systems D Sewer Capacity D Soil Erosion/Compaction/Grading D Solid Waste D Toxic/Hazardous l:8l Traffic/Circulation D Vegetation 0 Annexation 0 Redevelopment 0 Coastal Permit 0 Other: Local Coastal Program Amendment (LCP A) 0 Water Quality D Water Supply/Ground Water 0 Wetland/Riparian D Wildlife 0 Growth Inducing 0 Land Use 0 Cumulative Effect D Other: Office building, vacant office development pad and parking lot/Planned Industrial (P-M)/Planned Industrial (PI) Project Description: A General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) and Open Space (OS) to Office (0) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (0) and Open Space (OS) and a Local Coastal Program Amendment (LCPA) on a 7.5 acre site with an existing 48,000 square foot office building and vacant lot with approvals for another 60,000 square foot office building. Change in use would allow commercial and medical related office uses as opposed to corporate only office uses. Mail notice to: San Diego County Clerk of the Board of Supervisors, Public Notice Hearings, Mailstop A-45, Room 402, 1600 Pacific Highway, San Diego, CA 92101 Where documents are located for Public Review: Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008 April2011 ' . 4~A. CITY OF VcARLSBAD Community & Economic Development www.carlsbadca.gov [? 0 [1 [;; f]) CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Kelly Corporate Center GPA 12-01/ZC 12-01/LCPA 12-02 Ernest .I Dronen~urg. Jr . Recorder Count) Clerk JUN 1 0 2013 J.Scott BY ___ --==:-=o: DEPUTY Southeast corner of Palomar Airport Road and Hidden Valley Road, Carlsbad, San Diego County PROJECT DESCRIPTION: A request for a General Plan Amendment, Zone Change, and Local Coastal Program (LCP) Amendment to change the General Plan and Local Coastal Program Land Use designation from Planned Industrial (PI) to Office (O) and to change the Zoning and LCP Zoning from Planned Industrial (P-M) to Office (0) on 7.5 acres of land located on the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. The site consists. of two . 75 acre development pads with a common 6.0 acre site that includes parking, associated access and parking driveways and site landscaping. The western pad has been developed with a 48,000 square foot office building. The second easterly pad has been graded and is vacant and has approvals (SOP 97-25(A)) for a similar office building. The site is located adjacent to and southerly of Palomar Airport Road. To the east is an existing three story office building and to the south is Encinas Creek that has been land use designated open space and has existing open space easements for the preservation and maintenance of the open space. To the west is Hidden Valley Road with an office building located on the west side of the road. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ' .... effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Division within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Division at (760) 602-4613. PUBLIC REVIEW PERIOD PUBLISH DATE May 24, 2013-June 13, 2013 May 24,2013 ·• ' ~ " . JUN 1 0 2013 JUN 1 0 2DH .. 1U t 1 0 7CH .IU I 1 r, · , ·, J. Scott • N NOT TO SCALE Kelly Corporate Center GPA 12-01 I ZC 12-01 I LCPA 12-02 E.st J. Dronenburg, J .. COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 *Fax (619) 557-4056 www .sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 *Fax (619)557-4155 Transaction#: 296448120130610 Deputy: JSCOTT1 Location: COUNTY ADMINISTRATION BUILDING 1 0-Jun-20 13 11 :55 FEES: 50.00 Qty of 1 Fish and Game Filing Fee 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents • Complete items 1, 2, Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: California Coastal Commission Attn: Kanani Brown Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 Is delivery address different from If YES, enter delivery address below: CJ No 3. Service "JYpe CJ Certified Mall CJ Registered CJ Insured Mall [J Express Mall [J Ret\lm Receipt for Merchandise CJ c:o.o. 7010 2780 DODO 8476 9991 e PROOF OF PUBLICATION {2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: May 24th, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This 24th May, 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising e This space is for the County Clerk's Filing Stamp CITY OF CARLSBAD MAY 2 9 2013 PLANNING DEPARI MENT:! : ··' Proof of Publication of (I NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Kelly Corporate Center .. 'CASE NO: GPA 12.01/ZC 12.01/LCP.A 12-02 . PROJICT LOCATION: Southeast corMr of Palomar AirPOrt Road and Hidden Valley Road,1carlsbad, San Diego County · PROJECT DESCRIPTION: A request for a General Plan Amendment, Zone Change, and Local Coastal Pro9ram .(LCP) Amendment to c:han;e.the General Plan and LOc:al Coastal Pro-gram'Land Lllie.,dfslv.IIQtlon from Planned lndustriQI (P.Il to Of- flee COl and ft C!h~·tie. . Zoning and LCP Zoning from.Pianned Industrial CII'MJ to Ice (0) on 7.5 acres of land•IOcated on the southea$1, ,cofn11r of CJiomar Airport Road and Hld~n Valley Road In Local' Facilities Management Zone 5. Tne site consists of two .75 acre "developMent POds with a commOI'I 6.0 acre site that includes ~hig, ossoclated access and POrJ<ing drlvewcws and site landSctJI)Ing. The western Pad has been'tleveloped With a .48,000 square foot office building. The second I!CSterlv pad has been graded and is vacant and has approvals (SOP ?7~25(A) l for a similar office bulfdlng. The site is located Qdjocent to 'and southerly of Palomar AirPOrt Road. To the east Is an existing three story office building and to the south is Ei.nC:inas Creek that has been land use des!!mated open space and .has existing open space easements· for ~ preservation and mnintenan~ of the open space. To the west Is Hidden Valley Road with an office building located on the WEISt side of the road. PROPOSED . .,.TiiRMINATION: The City of Carlsbad has conducted an enVIronmental review of the above.detc:rlbed prot-ect pursuant to the Guidelines for Implementation of the Califor- nia Enviroramentar Quality Act CCEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a resvlt of said review, the initial study (EIA Part 2) identified pOtentiallY sig-nificant effeCts on the environment, but (1) reviSions In the proj-ect plans ot ProPOSalS rnade by, or agreed to by, the applicant before the propOsed negative declaration and lnltiOI' ~udy are released fOr PVbllc .re'/lew would avoid the E!ffects or mitigate the effects to a POint where clearly no significant effect on the environment would occur, and (2) there is no substantial evi-dence In light of the whole record before the City that the project •as revised" may have a significant effect on the environment. Therefore, a Mltlgatecl Negative Declaration will be recom- mended for adoption by the CitY of Carlsbad City Council. A copy of the inltlol.study (E lA Part 2l documenting reasons to sUPPOrt the proPOISed Mitigated Negative Declaration Is on file In the Plannlnv Dlvfslon. l635 Faraday Avenue, Carlsbad, Cali-fornia 92Q08, Comll'ltnts from the PUblic are lnv.lfed., Pursuant to Section 15204 Qf tttt'CEQA Guidelines, In reviewing_ Mitigated Negative Oeclafatt~, persons and public agencies .should fo-cus on the pr~ ndlng that the proJect will not llove a sig-nificant effeCt on thi fnvlronment. If persons and public agen-cies Ql!lieve that the,P,olect may have a significant effect, they should: (1) ldentlfY.~·sPeclflc effect; (2) explain why they be- lieve the eff~ wo6kt. . :.CC.ur; and (3) explain why they believe the effect WQI.It~.1al~c:ant. Please submit comments In writing to the P .... 'blvfston within 30 days of the date of this notice. · ·;.,,,, ' . The pr~ p,Jec:t Cllld .iti9ated Negative Declaration are · subject to::vlew. and· eipprovaVad®tlon by the City Council. Addltionot· licboflc:ft will be Issued when those public hear-ings are· .· · ultdj:J If vou have any questions, please call Van LYnch In the Planm"' Division at (760) 602-4613. PUBLIC REVIEW PERIOD May 24,2013 ·June 13,2013 PUBLISH DATE May 24,2013 J ATTACHMENT "2" CERTIFICATION OF POSTING I certify that the "Notice of Project Application" has been posted at a conspicuous location on the site on B-\-\2_. (DATE) SIGNATURE: ~~ PRINT NAME: 8rm \ L. Eve.n \ PROJECT NAME: Kcl"=\ Cp(\=!1~ C.u)\e;r PROJECT NUMBER: QPA rZ.-0\l ZC... \2-0\1 Lc...Pf\ \2-()2._ LOCATION: '6o~to.~\\\ Q.D!Def ()q ~crrcs-'A<f~A Rd. ~ \\\OOtf\ \{ (l\\w Rei . \ RETURN TO: \j OJ\ L\\(\cJ\ (Planner) P-21 CITY OF CARLSBAD PLANNING DIVISION 1635 Faraday Avenue Carlsbad, CA 92008-7314 Page 4 of6 Revised 0711 0 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 13th, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This 1 th a , 012 Jane Allshouse NORTH COUNTY TIMES Legal Advertising This space is fe,e County Clerk's Filing Stamp --CITY 0FCARLS8AO JUI 1-···n·t·· ·-. t.u I. PLANNING DEP!irl I MENT -----_J Proof of Publication of -~ fll.ll.K<.t:mK<& ,.TO INTERESTED PARTIES: Please. be advtsed that the City, of Clll1sbad Is considering text amendments to Its Local Coastal Program (LCP) as summarized below. l'hM -ndment Is being proposed by The Allen Group (property owner) and Is CUI'I'IIntly under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment The Planning Commission hearing Is expected to take place in Fall 2012, and will be duly noticed. The City Council hearing Is expected to take place In Fall 2012, and will be duly noticed. · Copies of the LCP amendment are available for review .at the follig kica- tions: (1) Carlsbad Planning Division, 1~ Farada~ Ave. nU~~r, (2}· Clerk's Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Ubraij; : 5 Dove Lane; (4) Georgina Cole Library, 1250 Cirlsbad VHiaga Drive; arid''l5) the Cal· ifomia Coastal Commission, 7575 Metropolnan Drive, Suite 103, !!an Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 12-G2-KELLY CORPORATE CENTER PROPOSED The City's Zoning Ordinance is the implementing ordinance for the City's Local Coutaf Program. Accordingly, this Local Coastal Program Amendment is nec;r 8IAIY to ·ensure consistency between its proposed amended Zoning Ordl· ,.,_and its Local ~tal Program. This specific Zone Code Amendment Is .,.flllows: A Local Coastal Program Amendment to amend the Local Coastal Progtam Land Use and Zoning maps to be consistent with the General Plan lll1d ZOOing MIDa to address an associated General Plan Amendment and Zone Change en l .• acres of land located on the southeasterly corner of Palomar Airport Ad lid ~n Valley Rd. to change the Planned Industrial (PI} and Open Space (08) ltnd use designation to Office and Open Space (OS portion does not ~); a Zone Change to change the Planned Industrial (PM) and Open $ploi (OS) zoning designations to Office (0) and Open Space (OS) (OS por~ llan does not change). If you have any questions, please call Van Lynch in the Planning Division at (780) 602-4813. Written comments should be sent to the P~ning Division at 1635 'Farsday Avenue, Carlsbad, California 92008. • -~ "-· : •.. J"UBLISH DATE: July 13, 2012 nct 2318518 The CoaiNews Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 13. 2012 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of California on this pth of July 2012. \ L~ C.(_) CITY OF CARLSBAD PlANNING OEPAH 1 MENi! , ___________________ f Space above for County Clerk's Filing Stamp CITY OF CARLSBAD · . PUBLIC NOTICE TO INTERESTED PARTIES: Please be advised that the City of ·Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. This amendment is being proposed by The Allen· Group · (property owner) lind is currently urlder review. This notice hereby opens a six week review periOd after which the. P.lanning Commission and City Council will consider .U comments and act on the proposed amendment The PlannilllJ Commission hearing is expected to take place in Fall 2012, and will,be duly noticed. The City CounCil hearing is expected to take place in Fall 2012, and will be duly noticed. • Copies of the LCP amendment are available for review at the fol· lowing locations: (1) Carlsbad Planning Division, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Cartebad VUiage Drive; (3). Carlsbad Main Library, 1n5 Dova Lane; (4) Georgina. Cole Library, 1250. Carlsbad Village Drive; and (5) the California Coastal Commission, 7575 Mfiltropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 12-D2-KELLY CORPORATE CENTER --Pile-Z1:1N1li.CI'A1wi dl i! ·The City's Zoning Ordinance Is the implementing ordinance !or the City's Local Coastal Pro9ram. Acoordlngty, .lhla Local CQaatal Program Amendment Is necassary to en8Ure conllstency ~ its proposed amended Zoning Ordinance aoc:t its Loc:al Coastal Program. This specific Zone COde Amendment Ia as follows: A Loeal Coastal Program Amendment to aMend ~'l.ocal 'Coeatal Program Land Use and Zoning maps to be ~ with the General Plan and Zoning Maps to addr8618 an astOC'iated General Plan Amendment and Zone Change on 7.5 acres of land loCated on the southeasterly corner of Palomar Airport Rd and Hidden Valley Rd. )o change tht~ Planned Industrial (1'1) and Open Space (OS) lend use designation to.Offlce and Open Space (OS pljf1fon does nat change); a Zone Change. to change til!!. Planned Industrial (PM) and Open Specs (OS) zoning deslqilitlofis to OHice~O) end Open Space (OS) (OS portion c!oes IIC)I change). H you have any questions, please call Van Lynch in the P!annlng Division at (760) 602-4613. Written corilments should be sent to the Planning Division at 1635 Faraday Avtinue,. Garlsba<l, Califomia 92008. 0711312012 CN 13704 California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 • Complete items 1, 3. Also complete Item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 921 08-4402 D. Is If YES, enter delivery address below: 3. Service Type ;s(oertmed Mall [J Express Mall [J Registered ;s::aetum Receipt for Merchandise [J Insured Mall [J C.O.D. 4. Restricted Delivery? (Extra Fee) 2. 7010 2780 DODD 8476 8673 (~~CITY OF ¥CARLSBAD FILE COPY 7 ·I/· I.;> Community & Economic Development PUBLIC NOTICE www.carlsbadca.gov TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. This amendment is being proposed by The Allen Group (property owner) and is currently under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in Fall 2012, and will be duly noticed. The City Council hearing is expected to take place in Fall 2012, and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning Division, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 12-02-KELLY CORPORATE CENTER The City's Zoning Ordinance is the implementing ordinance for the City's Local Coastal Program. Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Zoning Ordinance and its Local Coastal Program. This specific Zone Code Amendment is as follows: A Local Coastal Program Amendment to amend the Local Coastal Program Land Use and Zoning maps to be consistent with the General Plan and Zoning Maps to address an associated General Plan Amendment and Zone Change on 7.5 acres of land located on the southeasterly corner of Palomar Airport Rd and Hidden Valley Rd. to change the Planned Industrial (PI) and Open Space (OS) land use designation to Office and Open Space (OS portion does not change); a Zone Change to change the Planned Industrial (PM) and Open Space (OS) zoning designations to Office (0) and Open Space (OS) (OS portion does not change). If you have any questions, please call Van Lynch in the Planning Division at (760) 602-4613. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008. PUBLISH DATE: July 13, 2012 • · · .. Planning Division ~~~-~~~~------~~-----------------------------------------------. :. · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® GPA 12-01 TR PI OS TR OS Exhibit "GPA 12-01" August XX, 2012 DRAFT Kelly Corporate Center PI RH EXISTING PROPOSED Related Case File No(s): ZC 12-01 I LCPA 12-02 General Plan Land Use Designation Changes Property From: To: A. 212-040-67-00 PI/OS 0/0S B. 212-040-68-00 PI 0 C. 212-040-69-00 PI 0 -. e (~CITY OF FILE COPY 7·/0·/.;> ~CARLSBAD Community & Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: Kelly Corporate Center PROJECT NUMBER: GPA 12-01/ ZC 12-01/ LCPA 12-02 This early public notice is to let you know that a development application for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment project within your neighborhood has been submitted to the City of Carlsbad on June 26, 2012. The project application is undergoing its initial review by the City. LOCATION: Three properties located on the southeasterly corner of Palomar Airport Rd and Hidden Valley Rd. Please see attached graphic showing the properties. PROJECT DESCRIPTION: The application is for a General Plan Amendment, Zone Change and Local Coastal Program Amendment to change the General Plan Land Use designation and Zoning from Planned Industrial to Office. The 7.5 acres site is presently developed with one office building and a vacant pad with approvals to develop another 60,000 square foot office building. The office zone establishes regulations for the development of professional offices and closely related commercial uses. This zone is intended for exclusive office use but limited commercial may be permitted in certain circumstances. This zone may be utilized as a buffer between higher intensity commercial uses and residential development. For a list of uses allowed in the Office Zone, please visit the City's website: http://www.carlsbadca.gov/cityhall/codes/Pages Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Van Lynch, Senior Planner at van.lynch@carlsbadca.gov, (760) 602-4613, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. I · · · .. Planning Division ~~-~~~--------------------------------------------------------S.:. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® City of Carlsbad Kelly Corporate Center GPA 12-01 I ZC 12-01 I LCPA 12-02 N A 0 150 300 600 900 --il::==::::i·----=========:::1 Feet Map created by the City of Carlsbad GIS. Portions of the DERIVED PRODUCT contain geographic information copyrighted by SanG IS. All Rights Reserved --------·-- KELLY CORPORATE CENTER AMENDMENT TO LAND USE AND ZONING DESIGNATIONS j ! LAND USE: OS ZONE: OS LAND USE: TR ZONE: C-T-Q LAND USE: PI ZONE: P-M-Q Hofman LAND USE: OS ZONE: OS LAND USE: OS ZONE: OS PALOMAR AIRPORT ROAD LAND USE: RM/OS ZONE:R-1-Q Planning + Engineering LAND USE: OS ZONE: OS LAND USE: PI/OS ZONE:EA LAND USE: PI ZONE: P-M-Q SCALE: 1' = 200', [7:77l Proposed GPA from PI to 0 L.22_J Proposed ZC from P-M-Q to 0-Q PROPERTY OWNER: Kelly Corporate Center II, LLC Kelly Corporate Center IIA, LLC APN: 212-040-67, 212-040-68, 212-040-69 RECEIVED !"" 'J 6 'it' I') .,..' :, L t:.;J;.,. CITY OF CARLSBAD PLANNING DIVISION 06/20/2012 PAGE 1 of 1 ----------- • CERTIFICATION I RONALD COGSWELL/ TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINES THE NAMES, ADDRESSES AND- PARCEL NUMBERS OF ALL PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON THE LATEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY WITHIN THE AREA DESCRIBED AND REQUESTED BY YOU THE CLIENT, THE REQUIRED RADIUS MEASURED FROM THE EXTERIOR BOUNDARIES OF THE PROPERTY REQUESTED AND DESCRIBED AS APN:212 -040-67,68, & 69 600FT. RADIUS. RONALD COGSWELL I TITLE PRO SYSTEMS ,(~~ C IT Y 0 F e ~CARLSBAD Community & Economic Development www.carlsbadca.gov MITIGATED NEGATIVE DECLARATION CASE NAME: Kelly Corporate Center CASE NO: GPA 12-01/ZCA 12-01/LCPA 12-02 PROJECT LOCATION: Southeast corner of Palomar Airport Road and Hidden Valley Road, Carlsbad, San Diego PROJECT DESCRIPTION: A request for a General Plan Amendment, Zone Change, and Local Coastal Program (LCP) Amendment to change the General Plan and Local Coastal Program Land Use designation from Planned Industrial (PI) to Office (0) and to change the Zoning and LCP Zoning from Planned Industrial (P-M) to Office (O) on 7.5 acres of land located on the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. The site consists of two .75 acre development pads with a common 6.0 acre site that includes parking, associated access and parking driveways and site landscaping. The western pad has been developed with a 50,000 square foot office building. The second easterly pad has been graded and is vacant and has approvals (SDP 97-25) for a similar office building. The site is located adjacent to and southerly of Palomar Airport Road. To the east is an existing three story office building and to the south is Encinas Creek that has been land use designated open space and has existing open space easements for the preservation and maintenance of the open space. To the west is Hidden Valley Road with an office building located on the west side of the road. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: 1:8:1 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. 0 The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). 0 Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: September 10, 2013, pursuant to City Council Resolution 2013-228 & City Council Ordinance CS- ATIEST[2~ DON NEU City Planner Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax ~ (.!~ C I TV 0 F • CARLSBAD • Memorandum July 16, 2012 To: From: SENIOR PLANNER VAN LYNCH Associate Engineer -Frank Jimeno fJ www.carlsbadca.gov Re: GPA 12-01/ZC 12-01/LCPA 12-02: KELLY CORPORATE CENTER Engineering Department staff has completed a review of the above-referenced project for application completeness. The application submitted is currently incomplete and unsuitable for further review due to the following incomplete item: The two existing buildings were originally approved and constructed for multi-tenant office uses. The traffic generation used in the "Transportation Analysis for Kelly Corporate Center" for SDP 97-25 was a rate of20 ADT/1,000 sq. ft. of building area. Since the "Brief Project Description" states that the purpose of the land use and zone change is to "allow medical use", a traffic generation rate of 50 ADT/1,000 sq. ft. would need to be used, and the impact of the increased traffic generation would have to be analyzed. Please specify the extent of the proposed medical use, indicate the increase in traffic generation, and analyze its impact on the traffic circulation. Should you or the applicant have any questions please contact me at (760) 602-2758. c: Engineering Manager -Land Development Engineering Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JUNE 26, 2012 PROJECT NO(S): GPA 04-09(A)/ZC 12-01/LCPA 04-0S(A) REVIEW NO: 1 ------i PROJECT TITLE: KELLY CORPORATE CENTER APPLICANT: HOFMAN PLANNING & ENGINEERING/BILL HOFMAN ----------------~ TO: [8J Land Development Engineering-Terie Rowley D Police Department -J. Sasway [8J Fire Department-Greg Ryan D Building Department-Will Foss D Recreation-Mark Steyaert D Public Works Department (Streets)-Nick Roque D Water/Sewer District D Landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 7/16/12. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application 11Complete" for processing. please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: __________________________ _ Signature Date PLANS ATIACHED Review & Comment 03/10 ----------------------- «~~ CITY OF ~CARLSBAD Community & Economic Development October 2, 2013 Deborah Lee San Diego Coast District California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 SUBMITTAL: CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT (LCPA): 2-13 Dear Ms. Lee, www.carlsbadca.gov Please find enclosed the second City of Carlsbad LCPA package for the 2013 calendar year. The LCPA batch involves the following projects: CUP Code Amendments LCPA 09-02 Shannon Werneke 760-602-4621 Sign Ordinance Amendment LCPA 11-04 Chris DeCerbo 760-602-4611 Kelly Corporate Center LCPA 12-02 Van Lynch 760-602-4613 Please process this application as the second Local Coastal Program Amendment for the City of Carlsbad for the 2013 calendar year. If you have any questions, or require additional information, please feel free to contact me at (760} 602-4620, or the project planner(s) at the numbers provided. Sincerely, KEVIN POINTER Associate Planner enc c: ~ • Chris DeCerbo, Principal Planner David de Cordova, Principal Planner Kathy Dodson, Community & Economic Development Director Van Lynch, Senior Planner Don Neu, City Planner Shannon Werneke, Associate Planner Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8559 fax REPLY TO A TIENTION OF Office of the Chief Regulatory Division Mr. Van Lynch DEPARTMENT OF THE ARMY Los Angeles District Corps of Engineers Regulatory Division-Carlsbad Field Office 5900 La Place Court, Suite 100 Carlsbad, CA 92008 September 26, 2013 City of Carlsbad Planning Division 1200 Carlsbad Village Drive Carlsbad, California 92008 CITY OF CARLSBAD; SEP 30 2013 \ PLMNIN60EPARTMENI SUBJECT: Information regarding requirement for Department of the Army Permit Dear Mr. Lynch: This is in response to information received regarding Kelly Corporate Center. Based on the information you have provided, we are unable to determine if the proposed work would be regulated under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. Please review your project and determine if you need a permit. Applications and additional information are available on our website http://www .spl. usace.army .mil/Missions/Regulatory /PermitProcess.aspx. If you have any questions, please contact Shari Johnson of my staff at 760-602-4829 or via e-mail at Shari.J ohnson@usace.army .mil. Sincerely, Therese 0. Bradford Chief, South Coast Branch .4f~A._ CITY OF VcARLSBAD Community & Economic Development PLANNING COMMISSION NOTICE OF DECISION August 8, 2013 Bill Hofman Hofman Planning and Engineering 3152 Lionshead Av Carlsbad CA 92010 SUBJECT: GPA 12-01/ZC 12-01/LCPA 12-02-KELLY CORPORATE CENTER M~d 0{011!:> FILE COP'r www.carlsbadca.gov At the August 7, 2013 Planning Commission meeting, your application was considered. The Commission voted 7-0 to recommend adoption/recommend approval of your request. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please contact your project planner Van Lynch at (760) 602-4613 or van.lynch@carlsbadca.gov. Sincerely, (L~ DON NEU, AICP City Planner DN:VL:bd c: Data Entry File enc: Planning Commission Resolutions No. 6991, 6992, 6993 and 6994 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 . . Aif~_A. C I T Y 0 F VcARLSBAD Community&: Economic Development June 26, 2013 The Allen Group 11943 El Camino Real, Ste 200 San Diego CA 92130 SUBJECT: GPA 12-01-KELLY CORPORATE CENTER www.carlsbadca.gov Your application has been tentatively scheduled for a hearing by the Planning Commission on August 7, 2013. However, for this to occur, you must submit the additional items listed below. If the required items are not received by July 16, 2013, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners, including all forms of interval ownership, within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List -a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. C) Mailing Labels-If the number of owners within the 600 foot radius is 1,000 or greater, a display advertisement in two papers of general circulation will be placed in lieu of direct mailing and labels will not be required to be submitted. If the number of owners within the 600 foot radius is less than 1,000, please submit two (2) separate sets of mailing labels of the property owners within a 600 foot radius and occupants within a 100 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Labels should be prepared in ALL CAPS using block or sans serif typeface. A sample label is as follows: ACCEPTABLE MRS JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 • . Planning Division ~-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 .. e GPA 12-01-KELLY CORPORATE CENTER June 26, 2013 Page 2 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. E) Fee-a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. In the case of ownership list that is l,OOO or greater, the fee is equal to the current cost of publishing an l/8 page ad in two newspapers of general circulation. Cash, check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, Senior Planner VL:fn Attachment c: Hofman Planning and Engineering, 3156 Lionshead Av., Suite 1, Carlsbad CA 92010 File .. I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER GPA 12-01-KELLY CORPORATE CENTER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: __________________________ __ DATE:------------------------- RECEIVED BY DATE:------------------------- SAN DIEGO caNTY REGIONAL AIRPORT AUTHORITY P.O. BOX 82776. SAN DIEGO. CA 92138-2776 619.400.2400 'w''w''w'.SAN.ORG June 24, 2013 Mr. Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 ClTY OF CARLSBAD JUN 25 2013 PlANN'NG DEPARTMENT Re: Airport Land Use Commission Consistency Determination-6010 Hidden Valley Road, City of Carlsbad; General Plan Amendment and Zone Reclassification from Industrial to Office Land Use Designation; APN 212-040-67, 212-040-68, & 212-040-69; McClellan-Palomar Airport-Airport Land Use Compatibility Plan-PAL-13-001; Resolution No. 2013-0011 ALUC Dear Mr. Lynch: This letter is to notify the City of Carlsbad ("City") of the June 6, 2013, consistency determination that was made by the San Diego County Regional Airport Authority ("Authority" or "SDCRAA"), acting in its capacity as the San Diego County Airport Land Use Commission ("ALUC"), for the referenced project. The ALUC has determined that the proposed project is conditionally consistent with the McClellan-Palomar Airport-Airport Land Use Compatibility Plan ("ALUCP"). A copy of Resolution 2013-0011 ALUC, approved by the ALUC on June 6, 2013, and memorializing the consistency determination, is enclosed for your information. The ALUC's determination that the general plan amendment and zone reclassification from industrial to office land use designation with the McClellan-Palomar Airport-Airport Land Use Compatibility Plan is conditionally consistent with the McClellan-Palomar ALUCP was made consistent with the ALUC Policies and the State Aeronautics Act provisions (Cal. Pub. Util. Code §21670-21679.5), and was based on numerous facts and findings, including those summarized below: (1) The proposed project involves a general plan amendment and zone reclassification to change the land use designation of a property from industrial to office use without actual construction proposed. (2) The proposed project is located within the 60-65 and 65-70 decibel Community Noise Equivalent Level (dB CNEL) noise contours. The ALUCP identifies office land uses located within the 60- 65 dB CNEL noise contour as compatible and within the 65-70 dB CNEL noise contour as conditionally compatible with airport uses, provided that the offices are sound attenuated to 50 dB CNEL interior noise level. The ALUCP requires that an avigation easement for aircraft noise be recorded with the County Recorder for any office within the 65-70 dB CNEL noise contour. Therefore, as a condition of project approval, any offices within the 65-70 dB CNEL noise contour must be sound attenuated to 50 dB CNEL interior noise level and an avigation easement must be recorded with the County Recorder. (3) The proposed project is in compliance with the ALUCP airspace protection surfaces because a determination of no hazard to air navigation has been issued by the FAA for the maximum height permitted by local agency regulations. SAN DIEGO INTERNATIONAL AIRPORT Mr. Lynch Page2 (4) The proposed project is located within Safety Zones 4 and 6. The ALUCP identifies office uses located within Safety Zone 6 as compatible and within Safety Zone 4 as conditionally compatible with airport uses, provided that the people per acre is limited to 130 people, or 260 people with risk reduction measures incorporated into project design. Therefore, as a condition of project approval, any offices within Safety Zone 4 must be limited to 130 people per acre, or 260 people per acre with risk reduction measures incorporated into project design. (5) The proposed project is located within the overflight notification area. The ALUCP requires recordation of an overflight notification with the County Recorder only for new residential land uses. (6) Therefore, if the proposed project contains the above-required conditions, the proposed project would be consistent with the McClellan-Palomar Airport ALUCP. (7) This Board action is not a "project" as defined by the California Environmental Quality Act (CEQA) Pub. Res. Code Section 21065; and is not a "development" as defined by the California Coastal Act Pub. Res. Code Section 30106. Please contact Mr. Ed Gowens at (619) 400-2244 if you have any questions regarding the issues addressed in this letter. ~~ Thelia F. Bowens President/CEO TFB/EG Enclosures: Resolution 2013-0011 ALUC c" · Amy Gonzalez, SDCR.A, General Ccunsel Ron Bolyard, Caltrans, Division of Aeronautics Chris Schmidt, Caltrans, District 11 RESOLUTION NO. 2013-0011 ALUC A RESOLUTION OF THE AIRPORT LAND USE COMMISSION FOR SAN DIEGO COUNTY, MAKING A DETERMINATION THAT THE PROPOSED PROJECT: GENERAL PLAN AMENDMENT AND ZONE RECLASSIFICATION FROM INDUSTRIAL TO OFFICE LAND USE DESIGNATION AT 6010 HIDDEN VALLEY ROAD, CITY OF CARLSBAD, IS CONDITIONALLY CONSISTENT WITH THE MCCLELLAN-PALOMAR AIRPORT -AIRPORT LAND USE COMPATIBILITY PLAN. WHEREAS, the Board of the San Diego County Regional Airport Authority, acting in its capacity as the Airport Land Use Commission (ALUC) for San Diego County, pursuant to Section 21670.3 of the Public Utilities Code, was requested by the City of Carlsbad to determine the consistency of a proposed development project: General Plan Amendment and Zone Reclassification from Industrial to Office Land Use Designation at 601 0 Hidden Valley Road, City of Carlsbad, which is located within the Airport Influence Area (AlA) for the McClellan-Palomar Airport-Airport Land Use Compatibility Plan (ALUCP), originally adopted and amended in 2010 and 2011; and WHEREAS, the plans submitted to the ALUC for the proposed project indicate that it would involve a general plan amendment and zone reclassification to change the land use designation of a property from industrial to office use without actual construction proposed; and WHEREAS, the proposed project would be located within the 60-65 and 65-70 decibel Community Noise Equivalent Level (dB CNEL) noise contours, and the ALUCP identifies office uses located within the 60-65 dB CNEL noise contour as compatible with airport uses and within the 65-70 dB CNEL noise contour as conditionally compatible with airport uses, provided that the offices are sound attenuated to 50 dB CNEL interior noise level, and that an avigation easement is recorded with the County Recorder; and WHEREAS, the proposed project is in compliance with the ALUCP airspace protection surfaces because a determination of no hazard to air navigation has been issued by the Federal Aviation Administration (FAA) for the maximum height permitted by local agency regulations; and Resolution No. 2013-0011 ALUC Page 2 of4 WHEREAS, the proposed project is located within Safety Zones 4 and 6, and the ALUCP identifies office uses located within Safety Zone 6 as compatible and within Safety Zone 4 as conditionally compatible with airport uses, provided that the people per acre is limited to 130 people, or 260 people with risk reduction measures incorporated into project design; and WHEREAS, the proposed project is located within the overflight notification area, but does not propose any new residential land uses; and WHEREAS, the ALUC has considered the information provided by staff, including information in the staff report and other relevant material regarding the project; and WHEREAS, the ALUC has provided an opportunity for the City of Carlsbad and interested members of the public to present information regarding this matter; NOW, THEREFORE, BE IT RESOLVED that the ALUC determines that the proposed project: General Plan Amendment and Zone Reclassification from Industrial to Office Land Use Designation at 6010 Hidden Valley Road, City of Carlsbad, is conditionally consistent with the McClellan-Palomar Airport ALUCP, which was originally adopted and amended in 2010 and 2011, based upon the following facts and findings: (1) The proposed project involves a general plan amendment and zone reclassification to change the land use designation of a property from industrial to office use without actual construction proposed. (2) The proposed project is located within the 60-65 and 65-70 decibel Community Noise Equivalent Level (dB CNEL) noise contours. The ALUCP identifies office land uses located within the 60-65 dB CNEL noise contour as compatible and within the 65-70 dB CNEL noise contour as conditionally compatible with airport uses, provided that the offices are sound attenuated to 50 dB CNEL interior noise level. The ALUCP requires that an avigation easement for aircraft noise be recorded with the County Recorder for any office within the 65-70 dB CNEL noise contour. Therefore, as a condition of project approval, any offices within the 65-70 dB CNEL noise contour must be sound attenuated to 50 dB CNEL interior noise level and an avigation easement must be recorded with the County Recorder. . ' Resolution No. 2013-0011 ALUC Page 3 of4 (3) The proposed project is in compliance with the ALUCP airspace protection surfaces because a determination of no hazard to air navigation has been issued by the FAA for the maximum height permitted by local agency regulations. (4) The proposed project is located within Safety Zones 4 and 6. The ALUCP identifies office uses located within Safety Zone 6 as compatible and within Safety Zone 4 as conditionally compatible with airport uses, provided that the people per acre is limited to 130 people, or 260 people with risk reduction measures incorporated into project design. Therefore, as a condition of project approval, any offices within Safety Zone 4 must be limited to 130 people per acre, or 260 people per acre with risk reduction measures incorporated into project design. (5) The proposed project is located within the overflight notification area. The ALUCP requires recordation of an overflight notification with the County Recorder only for new residential land uses. (6) Therefore, if the proposed project contains the above-required conditions, the proposed project would be consistent with the McClellan-Palomar Airport ALUCP. BE IT FURTHER RESOLVED that this ALUC determination is not a "project" as defined by the California Environmental Quality Act (CEQA), Pub. Res. Code Section 21065, and is not a "development" as defined by the California Coastal Act, Pub. Res. Code Section 301 06. Resolution No. 2013-0011 ALUC Page 4 of4 PASSED, ADOPTED AND APPROVED by the ALUC for San Diego County at a regular meeting this 6th day of June, 2013, by the following vote: AYES: Commissioners: NOES: Commissioners: Alvarez, Boland, Cox, Desmond, Gleason, Hubbs, Robinson, Sessom, Smisek None ABSENT: Commissioners: None APPROVED AS TO FORM: :5~~ BRETON K. LOBNER GENERAL COUNSEL ATTEST: TONY R. RUSSELL DIREC R, CORPORATE SERVICES/ AUTHORITY CLERK _.if~.h.. CITY OF VcARLSBAD Community&: Economic Development July 16, 2013 www.carlsbadca.gov Bill Hofman Hofman Planning and Engineering 3152 lionshead Ave Carlsbad CA 92010 SUBJECT: GPA 12-01/ZC 12-01/LCPA 12-02-KELLY CORPORATE CENTER The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, July 24, 2013, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on July 29, 2013. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Van Lynch at (760) 602- 4613. DON NEU, AICP City Planner DN:Vl:bd c: File Copy Project Engineer Harve Filuk, Allen Group, 11943 El Camino Real Suite 200, San Diego CA 92130 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® (~CITY OF ~~CARLSBAD Community & Economic Development June 26, 2013 Leila Ibrahim Department of Transportation District 11, Division of Planning 4050 Taylor St, M.S.240 San Diego CA 92110 RE: KELLY CORPORATE CENTER-GPA 12-01 Dear Ms. Ibrahim: • t'-\o.~ \~ ~.t>/Q\D /13 FILE COPY www.carlsbadca.gov Please find enclosed a copy of the additional traffic analysis and explanation of trip generation and trip distribution requested for the Kelly Corporate Center project in Carlsbad. This project is a General Plan Amendment for an existing building and a vacant pad approved for Professional Office uses to be changed from Professional Office to Medical Office uses. The existing building and entitlements were previousiy analyzed and therefore only the change in uses is being considered. If you have any questions regarding the attached, please feel free to c~ntact myself at (760) 602-4613 or at van.lynch@carlsbadca.gov or Steve Bobbett, Associate Engineer, at (760) 602-2747 or steve.bobbett@carlabadca.gov. Sincerely, Van Lynch Senior Planner Enclosure C: Steve Bobbett Associate Engineer (w/o enclosure) file · · · ·. Planning Division ~~·-----~----------------------------------------------------. 1635 Faraday Avenue, Carlsba_d, CA 92008-7314 T 760-602-4600 F 760-602-8559 DEPARTMENT OF TRANSPORTATION DISTRICT II, DIVISION OF PLANNING 4050 TAYLOR ST, M.S. 240 SAN DIEGO, CA 92110 CITY OF CARLSBAD PHONE (619) 688-6960 Flex your power! FAX (619) 688-4299 Be energy efficient! TTY 711 www.dot.ca.gov ~ PLAit.oi'MlG otJ-~AI~ I MENT! June 19, 2013 Mr. Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Mr. Lynch: , ________________ ; 11-SD-5 PM47.02 Kelly Corporate Center MND I SCH #20 13051068 The California Department of Transportation (Caltrans) appreciates the opportunity to review the Mitigated Negative Declaration (MND) and Traffic Impact Study (TIS) for the proposed Kelly Corporate Center (SCH #2013051068). Caltrans has the following comments: • The TIS does not address the potential impacts to the I-5 and Palomar Airport Road interchange. Figure 4-2, page 4-4 identifies that 30% of traffic goes westward toward the 1-5 and Palomar Airport Road interchange. The project will generate 2,840 new Average Daily Trips (ADTs). All freeway entrance and exit ramps where the proposed project will add over 50 peak-hour trips should be analyzed. • The project will generate 2,840 ADTs with 14 AM and 273 PM peak hour trips. Please clarify why the AM peak hour trips are so low compared to the PM peak hour trips. If you have any questions, please contact Leila Ibrahim of the Development Review Branch at (619) 688-6802. STRONG, Branch Chief Development Review Branch "Caltrans improves mobility across California" SAN DIEGO ceNTY REGIONAL AIRPORT AUTHORITY P.O. BOX 82776, SAN DIEGO, CA 92138-2776 619.400.2400 'vl'vl'vi.SAN.ORG May 16, 2013 Mr. Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Re: Airport Land Use Commission Consistency Determination MAY 1 7 2013 6010 Hidden Valley Road; General Plan Amendment and Zone Reclassification from Industrial to Office Land Use Designation, City of Carlsbad; APN 212-040-67, 212-040-68, and 212-040-69 Dear Mr. Lynch: As the Airport Land Use Commission (ALUC) for San Diego County, the San Diego County Regional Airport Authority acknowledges receipt of an application for a determination of consistency for the project described above. This project is located within the Airport Influence Area (AlA) for the McClellan-Palomar Airport --Airport Land Use Compatibility Plan (ALUCP). ALUC staff has reviewed your application and accompanying materials and has determined that it meets our requirements to complete a consistency determination. ALUC staff will proceed with review of the project and report its findings to the Airport Authority Board, acting as the ALUC, to issue a determination of consistency with the ALUCP within 60 days of the date of this letter. You will receive notice of the Airport Authority Board hearing which will consider your project. If you have any questions, please contact Ed Gowens at (619) 400-2244 or egowens@san.org. Angela Jamison Manager Airport Planning cc: Amy Gonzalez -SDCRAA, General Counsel Ron Bolyard -Caltrans, Division of Aeronautics Chris Schmidt -Caltrans, District 11 SAN DIEGO INTERNATIONAL AIRPORT Van Lynch From: Sent: To: Cc: Subject: Harve Filuk <hfiluk@allengroup.com> Thursday, May 16, 2013 4:42PM Van Lynch Shay Even (seven@hofmanplanning.com) RE: Scan Data from XC-27E366 The applicant is Allen Development Partners LLC. Let me know if you need anything else. From: Van Lynch Sent: Tuesday, May 14, 2013 11:46 AM To: Harve Filuk Cc: Shay Even (seven@hofmanplanning.com) Subject: FW: Scan Data from XC-27E366 Harve, I hate to bother you with this, but I need to get the owners and applicants info the same on some documents. On the project application we have Kelly Corp Center II LLC and IIA LLC as the owner (which appears good and correct). On the application we also have The Allen Group as the project Applicant. On the disclosure statement, we have the Applicant as Allen Development Partners LLC. I need to have you clarify who the "Applicant" is for the project. If it is Allen Development Partners, LLC, then the disclosure statement is ok. If it is The Allen Group, please complete the attached Pl(A) form (first page only as the second signature page, if it does not change, is ok). Also, if you redo the Pl(A} form, please also add I lA, LLC to the Owner section. I've attached copies of everything in case you need to review the submitted forms. Please let me know if you have any questions. This is not a rush and you have plenty of time and this will not slow down the process at all. I can slip sheet this into the report up until mid-July, but please don't forget! Thanks! Van Lynch Senior Planner 1635 Faraday Av Carlsbad CA 92008 T (760) 602-4613 van.lynch@carlsbadca.gov www.carlsbadca.gov ~ <(·: ~CIT"< Of CARLSBAD 1 AVtJ~ s/J./13 e q{f~.A.. C I T Y 0 F • FiLE CGr.l ~17CARLSBAD Community & Economic Development May 1, 2013 www.carlsbadca.gov The Allen Group 11943 El Camino Real, Ste 200 San Diego CA 92130 SUBJECT: GPA 12-01-KELLY CORPORATE CENTER-CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA} APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: 0 The project is subject to the provisions of CEQA. Based on the City's analysis of the proposed project, the following CEQA documentation/process is required for the project (fees effective January 1, 2012): 0 A NEGATIVE DECLARATION (ND) will be prepared for the project pursuant to the provisions of CEQA. Please submit the Environmental Impact Assessment Fee of $2151.50 for the continued processing of the CEQA documentation. A MITIGATED NEGATIVE DECLARATION (MND) will be prepared for the project pursuant to the provisions of CEQA. Please submit the Environmental Impact Assessment Fee of $2151.50 for the continued processing of the CEQA documentation. 0 An ENVIRONMENTAL IMPACT REPORT· (EIR) is required to analyze the project's environmental effects. Please submit the Environmental Impact Report Base Fee of $18,824 for the continued processing of the CEQA documentation. In addition, a fully burdened hourly rate will be assessed after the first 160 hours charged by the assigned project planner or after the first 40 hours charged by the assigned project engineer. For additional information related to this CEQA applicability/process determination, please contact the project planner, Van Lynch, at (760) 602-4613 or van.lynch@carlsbadca.gov. Sincerely, CL~ DON NEU, AICP City Planner DN:VL:bd c: Hofman Planning and Engineering, 3152 Lionshead Av., Carlsbad CA 92010 Chris DeCerbo File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® _4~~ CITY OF VcARLSBAD • Community & Economic Development Monday, April 29, 2013 Angela Jamison San Diego County Regional Airport Authority P.O. Box 82776 San Diego, CA 92138-2776 RE: GPA 12-01-KELLY CORPORATE CENTER Dear Ms. Jamison, • LJ FILE www.carlsbadca.gov Please find enclosed an application for Determination of Consistency with the McClellan Palomar Airport Land Use Compatibility Plan. The Kelly Corporate Center project site is located on the southeast corner of Palomar Airport and Hidden Valley Road in the city of Carlsbad. The proposed project consists of a General Plan Land Use amendment from Planned Industrial to Office. The site is presently developed with one 48,000 sq. ft. professional office building and there is another vacant pad for another similar sized office building. The proposed land use change would expand the allowed uses of the building to permit medical uses and other office uses serving the public. The office building developed under the Planned Industrial Land Use designation presently only allows professional offices not catering to the general public. The City is also working on a comprehensive land use update, and there will be similar requests for other buildings along the Palomar Airport Road corridor in the near future. Please find attached the submittal requirements for the Determination of Consistency. If you have any questions regarding the application or project, please feel free to contact me at (760) 602-4613 or by email at van.lynch@carlsabdca.gov. Sincerely, J~ VAN LYNCH Senior Planner c: File enc Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 e SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY Airport Land Use Commission · P. 0. Box 82776 ·San Diego, California 92138-2776 APPLICATION FOR DETERMINATION OF CONSISTENCY Project Address: 6010 Hidden Valley Road, Carlsbad, CA 92011 Assessor's Parcel Number(s): 212-040-67-00, 212-04068-00, and 212~040-69-00 Jurisdiction: Carlsbad Jurisdiction Project Manager: _V_a_n_L..:..y_nc_h ________ _ Address: 1635 Faraday Avenue, Carlsbad, CA 92008 Telephone number: (760) 602-4613 Fax number: _nl_a ___________ _ Email address: van.lynch@carlsbadca.gov Brief Project Description: Request for a General Plan Land Use Amendment and Zone Change from Planned Industrial to Office. One pad is developed with a 48,000 square foot building and one vacant pad exists for the development of another 48,000 square foot building. Land Use change only, no development. Height ofbuilding(s) above grade: ~Maximum feet above mean sea level: 110 Lot coverage:~% Total square footage of building space: 96,000 Area of property in square feet: _32--:6....:.,7_0~0..---__ _ Date project was deemed complete per Government Code: July 17, 2012 Floor Area Ratio: _.2_9 ___ _ Attach the following documents to this. application: (1) Property deed or title report listing current owner of record (2) Assessor's parcel map page showing property (3) FAR Part 77 determination of hazard (if applicable) (4) Project site plans with floor plans and dimensioned elevations The San Diego County Regional Airport Authority, acting in its capacity as the local Airport Land Use Commission (ALUC), reserves its right to request additional information and documents regarding any proposed project submitted for a consistency determination. The submittal shall not be deemed complete by the Authority until such time as all required documents and information, as determined by Authority staff, have been submitted and reviewed for completeness. Any determination rendered by the Authority is limited to the project plans and description submitted with this application and is not transferable to any revision ofthis or any similar, future project involving any change in the use, area, or height of structures as depicted and described therein. Any changes in these project characteristics subsequent to Authority review but before decision-making consideration by the local jurisdiction must be resubmitted via new application to the Authority for a new determination of consistency. As representative of the local jurisdiction named above, I hereby certify that I understand the foregoing statements and further that this application and attached documents constitute a true and correct statement of facts to the best of my knowledge. Project Manager Signature: L}AJ lyi\J j___ BELOW FORST AFF USE ONLY AlA--------------AAOZ limit __ _ CNEL (dB): outside 60 60-65 65-70 70-75 75-80 80+ Date: -i-HI----=-~-1-J'l j,t....:..l.=..":> __ I RPZ F AZ APZ zone ---Max Elev AMSL ------ Latitude ---___ "North Longitude o __ _ 0 ___ "West FAA Notification Required? Y I N USMC Review Letter? Y I N • Mail Processing Cen~ Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 260 I Meacham Boulevard Fort Worth, TX 76137 Issued Date: I 0/25/2012 Shay Even Hofman Planning & Engineering 3156 Lionshead Ave., Ste I Carlsbad, CA 9201 0 Aeronautical Study No. 2012-AWP-7741-0E **DETERMINATION OF NO HAZARD TO AIR NAVIGATION** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code ofFederal Regulations, part 77, concerning: Structure: Location: Latitude: Longitude: Heights: Building Kelly Corporate Center Carlsbad, CA 33-07-22.51N NAD 83 117-18-17.79W 76 feet site elevation (SE) 36 feet above ground level (AGL) 112 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is( are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Page 1 of3 Any failure or malfunction that 1-more than thirty (30) minutes and affe. top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOT AM) can be issued. As soon as the normal operation is restored, notify the same number. This aeronautical study included evaluation of a structure that exists at this time. Action will be taken to ensure aeronautical charts are updated to reflect the most current coordinates, elevation and height as indicated in the case description. If we can be of further assistance, please contact our office at (817) 321-7760. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 20 12-A WP-7741-0E. Signature Control No: 174924517-175764457 Joan Tengowski Technician Attachment(s) Map(s) Page 2 of3 (DNE) -PO Map for ASN 2012-AWP-7741-· Page 3 of3 ..df~A_ C I T Y 0 F VcARLSBAD Planning Division October 2, 2012 The Allen Group 11943 El Camino Real, Ste 200 San Diego CA 92130 • SUBJECT: 1st REVIEW FOR SOP 97-25Ax3/CDP 97-52Ax3-KELLY CORPORATE CENTER www.carlsbadca.gov Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your request for a Site Development Plan and Coastal Development Permit extension, applications no. SOP 97- 25Ax3/CDP 97-52Ax3, as to its completeness for processing. The application will be concurrently processed with the permit applications for the General Plan Amendment (GPA 12-01), Zone Change (ZC 12-01) and Local Coastal Program Amendment (LCPA 12-02). These other applications are presently incomplete, as submitted. Please be advised that the quasi-judicial applications (SDP/CDP) are required to remain incomplete until the legislative actions are approved by City Council. Staff will continue to concurrently process and take the development applications to the decision-making bodies together and in an order by which the applications can be decided upon. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, September 25, 2012, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Van Lynch, at (760) 602-4613, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:VL:bd c: Hofman Planning and Engineering, 3152 Lionshead Av., Carlsbad CA 92010 Don Neu, City Planner Steve Bobbett, Associate Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 Steve Bobbett From: Sent: To: Subject: Follow Up Flag: Flag Status: From: Bryan Jones Frank Jimeno Monday, October 01, 2012 10:39 AM Steve Bobbett FW: Kelly Corporate Center Traffic Impact Study Follow up Flagged Sent: Tuesday, September 04, 2012 10:11 AM To: hfiluk@allengroup.com; bhofman@hofmanplanning.com; andy@urbansystems.net Cc: Frank Jimeno; Glen Van Peski; Van Lynch Subject: Kelly Corporate Center Traffic Impact Study We appreciate meeting with Harve Filuk (The Allen Group), Bill Hofman (Hofman Planning & Engineering), and Andrew Schlaefli (Urban Systems Associates) last week regarding the Kelly Corporate Center change in land use from industrial/general office to medical office. For consistency purposes with other similar projects a traffic impact study will be required. However, we can focus its number of intersections and roadway segments so that it is not a $50,000 TIS. This project already has a traffic impact study (even though it is older) so I would like to do a more focused TIS. This would require that the applicant agree to paying fees at intersections not studied based on other TIS's done in the area. Frank Jimeno can work with Andrew to develop a distribution from this project and compare with analysis from other TIS for impacts to fair share mitigation. I would like to do a cumulative scenario looking at the intersection of Palomar Airport Road/Hidden Valley Road in the AM and PM peaks along with roadway segment analysis showing ADT trips on Hidden Valley Road and entering/exiting on the private roadway onto Aviarra Parkway so we can see a project trip distribution. While Andrew made a very compelling case for "cumulative rates from the City of San Diego" this is not what the City of Carlsbad utilizes for traffic impact studies or fees. Consistency is important. Therefore the 50 KSF for medical office will need to be used and 20 KSF for general office. Please utilize gross square footage of 50,000 rather than net of 48,000 SF. You can have creditfor the existing occupied general office building. C1 j I 0 f CARlSBAD Bryan D. Jones, TE, PTP, AICP Deputy Director Transportation Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov 1 rage 1 or 1 Andy ------------------ From: Sent: To: Cc: Subject: Bryan Jones [Bryan.Jones@carlsbadca.gov] Tuesday, September 04, 2012 10:11 AM hfiluk@allengroup.com; bhofman@hofmanplanning.com; andy@urbansystems.net Frank Jimeno; Glen Van Peski; Van Lynch Kelly Corporate Center Traffic Impact Study Follow Up Flag: Follow up Flag Status: Red We appreciate meeting with Harve Filuk (The Allen Group), Bill Hofman (Hofman Planning & Engineering), and Andrew Schlaefli (Urban Systems Associates) last week regarding the Kelly Corporate Center change in land use from industrial/general office to medical office. For consistency purposes with other similar projects a traffic impact study will be required. However, we can focus its number of intersections and roadway segments so that it is not a $50,000 TIS. This project already has a traffic impact study (even though it is older) so I would like to do a more focused TIS. This would require that the applicant agree to paying fees at intersections not studied based on other TIS's done in the area. Frank Jimeno can work with Andrew to develop a distribution from this project and compare with analysis from other TIS for impacts to fair share mitigation. I would like to do a cumulative scenario looking at the intersection of Palomar Airport Road/Hidden Valley Road in the AM and PM peaks along with roadway segment analysis showing ADT trips on Hidden Valley Road and entering/exiting on the private roadway onto Aviarra Parkway so we can see a project trip distribution. While Andrew made a very compelling case for "cumulative rates from the City of San Diego" this is not what the City of Carlsbad utilizes for traffic impact studies or fees. Consistency is important. Therefore the 50 KSF for medical office will need to be used and 20 KSF for general office. Please utilize gross square footage of 50,000 rather than net of 48,000 SF. You can have credit for the existing occupied general office building. C l T Y C1 f CARLSBAD 1 ( Bryan D. Jones, TE, PTP, AICP Deputy Director Transportation Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov P: 760-602-2431 F: 760-602-8562 E: bryan.jones@carlsbadca.gov 9/4/2012 f\2\·cl; c\ 'l 11 '1j i~ _4t~A_ CITY OF VcARLSBAD FILE COPY Planning Division July 17, 2012 www.carlsbadca.gov The Allen Group 11943 El Camino Real, Ste 200 San Diego CA 92130 SUBJECT: 1st REVIEW FOR GPA 12-01/ZC 12-01/LCPA 12-02-KELLY CORPORATE CENTER Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your General Plan Amendment, Zone Change, and Local Coastal program Amendment, applications no. GPA 12-01, ZC 12-01, and LCPA 12-02, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: {1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, June 26, 2012, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Van Lynch, at {760) 602-4613, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Frank Jimeno, Associate Engineer, at (760) 602-2758. • Fire Department: Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:VL:bd c: Hofman Planning and Engineering, 3152 Lionshead Av., Carlsbad CA 92010 Don Neu, City Planner Frank Jimeno, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® GPA 12-01/ZC 12-01/LCPA 12~-KELLY CORPORATE CENTER July 17, 2012 Pa e 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Engineering: 1. The two existing buildings were originally approved and constructed for multi-tenant office uses. The traffic generation used in the "Transportation Analysis for Kelly Corporate Center" for SDP 97-25 was a rate of 20 ADT/1,000 sq. ft. of building area. Since the "Brief Project Description" states that the purpose of the land use and zone change is to "allow medical use", a traffic generation rate of SO ADT /1,000 sq. ft. would need to be used, and the impact of the increased traffic generation would have to be analyzed. Please prepare a traffic impact analysis using this traffic generation rate. 2. Please specify the extent of the proposed medical use, indicate the increase in traffic generation, and analyze its impact on the traffic circulation. Should you have any questions please contact Frank Jimeno at (760) 602-2758. ISSUES OF CONCERN Planning: 1. The Zone Change would allow for medical uses within the existing buildings. The existing buildings were designed as office uses which have a lower parking generation rate (1 space/250 sq. ft.) than medical uses (1 space/200 sq. ft.). Medical office uses would generate more required parking than is presently available on site. If the intent is to convert the existing buildings to medical uses, please consider the requirement for more parking to accommodate medical uses. 2. Please submit a request to the FAA for a Part 77, Objects Affecting Navigable Airspace, determination. This will be needed for the submittal of the project for review by the Airport Land Use Commission for consistency with the ALUCP. 3. The SDP 97-25x2 is set to expire on October 5, 2012. Please consider the application of an extension if the project is to be pursued.