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HomeMy WebLinkAboutSDP 97-25A; Kelly Corporate Center; Site Development Plan (SDP)«~,I ~ 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 (FOR DEPT. USE ONLY) Legislative Permits D Administrative Permit D General Plan Amendment ~ Coastal Development Permit(*) D Minor ~t 5dJ\x3 Extension D Local Coastal Program Amendment (*) D Conditional Use Permit (*) D Minor D Extension D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit (*) D Planned Development Permit D Minor D Residential D Non-Residential D Planned Industrial Permit D Planning Commission Determination ~ Site Development Plan Extension D Special Use Permit D Tentative Tract Map D Variance D Administrative D Master Plan 0Amendment D Specific Plan D Amendment D Zone Change (*) D Zone Code Amendment List other applications not specified D ~~~5Ax3 D D (*) = eligible for 25% discount (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITIED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION 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 BRIEF DESCRIPTION OF PROJECT: Extension of SOP 97-25 and COP 97-52 BRIEF LEGAL DESCRIPTION: Parcels 3 of MS 01-08, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 19207, filed in the Office of the County Recorder of San Diego, April9, 2003 as file number 2003-0402795 of Official Records. LOCATION OF PROJECT: 6010 Hidden Valley Road, Carlsbad ON THE: South (NORTH, SOUTH, EAST, WEST) BETWEEN Hidden Valley Road (NAME OF STREET) SIDE OF AND STREET ADDRESS Palomar Airport Road (NAME OF STREET) Aviara Parkway (NAME OF STREET) OWNER NAME (Print): Kelly Corporate II, LLC & IIA, LLC -------------------------MAILING ADDRESS: 11943 El Camino Real, Ste. 200 CITY, STATE, ZIP: San Diego, CA 92130 TELEPHONE: 858-764-6800 EMAIL ADDRESS: hfiluk@allengroup.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS UE AN~C RRECT TO THE BEST OF MY KNOWLEDG~. qfl3/l~ SIGNATURE DATE APPLICANT NAME (P 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 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT L THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST. F MY KNOWLE E. q;/3/Jt 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. 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. 1/VIJE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON T E TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND tND ANY SUCCE ORS IN INTEREST. FOR CITY USE ONLY P-1 Paae 2 of 5 RECEIVED SEP 2 5 ZOl2 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 07/1 0 ; . .• City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 IIIMIIIIII ~ 1~1 ~I~ I~ llllllllllllllllll~ Ill Applicant: ALLEN GROUP Set Id: 8000003494 I Tmp set/Initialized Projects Description Amount CDP9752AX3 1,476.75 SDP9725AX3 1,685.50 Total: 3,162.25 Receipt Number: R0091417 Transaction ID: T000114409 Transaction Date: 09/25/2012 Pay Type Method Description Amount Payment Check 3,162.25 Transaction Amount: 3,162.25 City of Carlsbad Faraday Center Faraday Cashiering 001 1226901-2 09/25/2012 98 Tue, Sep 25, 2012 10:45 AM Receipt Ref Nbr: R1226901-2/0018 PERMITS -PERMITS Tran Ref Nbr: 122690102 0018 0018 Trans/Rcpt#: T000114409 SET #: S000003494 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 5294) Cash Total Received: Have a nice day! 1 @ $3,162.25 $3,162.25 $3,162.25 $3,162.25 $3,154.25 $8.00 $3,162.25 **************CUSTOMER COPY************* .. CARLSBAD DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MY§! be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached If necessary.) Person Corp/Part'U...~l\1 U>v-pDY'«!C. U"'\fy l\A, ~ Title Title. ____________ _ Address Address 114'1) ~ CA~tH> !k~t. J s,.; lc---u>o 54t\ t?\~~ I M q ~I.Jt> OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part ~Uy C!>r p 6YI./(. ~i'r 111 t.L"' Title Title. ____________ _ Address _________ _ Address II '1 C:f') e! \ C4 ""-;" t> ~ I SIM k-'1. 0 c ~&K'\ Oi~ 1 011-qr-r;o Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profitrrrust Non Profitrrrust.__ _______ _ Title __________ _ Title. ____________ _ Address. _________ _ Address ___________ _ 4. 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 Yes ~No If yes, please Indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicanUdate Print or type name of applicant Print ~r1 type name o;wner X lr/)vu// (/~- Signature of owner/applicant's agent if applicable/date '~-L~\-:0 A\\t(\ Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 .. • RECEIVED AUG 2 2 2008 CITY OF CARLSBAD City of Carlsb~~INGDEPr IQGUhiln!lnS.iiil,:td.ll DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, lEGAL names and addresses of &:.b persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all indlvfduals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation. Include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Title. __________ _ Address. _________ _ 2. OWNER (Not the owner's agent} Corp/Part Kelly Corporate Center II, LLC Title Applicant Address 11943 El Camino Real, Suite 200 San Diego. CA 92130 Provide the COMPLETE. lEGAL names and addresses of ALL persons having any ownership· interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760} 602·4600 • FAX (760) 602-8559 • WW\V.Ci.carlsbad.ca.us @ 3. NON-PROFIT ORGANtZA TION OR TRUST If any person Identified pursuant to (1) or (2} above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non ProfiVfrust Non ProfiVfrust. ________ _ Title Title. ____________ _ Address. _________ _ Address---------------------- 4. 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 Yes ~No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets If necessary. 1 certify that all the above information is true and correct to the best of my knowledge. ~/15/o~ Signature of owner/date ~eoe~ort .kcJ~ Af_W;;tJ Print or type name of applicant H:ADMIN\COUNTER\OISCLOSURE STATEMENT 12106 Page 2 of2 e e CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT. USE ONLY) (FOR DEPT. USE ONLY) 0 Administrative Permit D Planned Development Permit D Administrative Variance D Planned Industrial Permit ~ Coastal Development Permit CDPf1?2A~~ D Planning Commission ~ Determination D Conditional Use Permit D Precise Development Plan D Condominium Permit D Redevelopment Permit D Environmental Impact Assessment N Site Development Plan q7-zs-j.')(·. D General Plan Amendment D Special Use Permit D Habitat Management Plan Permit D Specific Plan D Hillside Development Permit D +eRtati'>•e PaFGel Map Obtain from Engineering Department D Local Coastal Program Amendment D Tentative Tract Map D Master Plan D Variance D Minor Conditional Use Permit D Zone Change D Non-Residential Planned Development 0 List other applications not specified 2) ASSESSOR PARCEL NO(S).: t/2 -Q 'tO-b h 3) PROJECT NAME: i<E"u..."f CI>R A?~ C-t::=:U"f c::a:<. 4) BRIEF DESCRIPTION OF PROJECT: E.2CT'Ebl6 abl OF ~lf:>'"OUC-:> $Qp 5) OWNER NAME (Print or Type) EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION S TRUE A CORRECT TO THE BEST OF MY KNOWLEDGE. CfiJ/oV DATE 6) APPLICANT NAME (Print or Type) ~ LAJ.J Ga.AU a.:: CITY AND STATE ZIP TELEPHONE ~ D4eD& CA 9:2.1.3CJ ~-~9'..;>- EMAILADDRESS: ~K \...@ S£A-<5P. I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BES OF MY KNOWLEDGE. ~~~~~~~-r-~t~og NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M. Form 14 Rev. 03/08 PAGE 1 OF 4 ~ 7) BRIEF LEGAL DESCRIPTION 8) LOCATION OF PROJECT: ON THE SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) 9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. 1 0) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY Form 14 Rev. 03/08 RECEIVED AUG 2 2 2008 CITY OF CARLSBAD DATE l?tAt\tNN:fH(G.AlD~CEIVED RECEIVED BY: PAGE 2 OF 4 f "' 7) BRIEF LEGAL DESCRIPTION 8) LOCATION OF PROJECT: STREET ADDRESS ON THE SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) 9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. 1 0) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICAN NOTICE OF R ICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: Form 14 Rev. 03/08 PAGE 2 OF 4 ... 3. NON-PROFIT ORGANJZA TION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of At£! 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. ___________ _ 4. 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? D Yes D No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12106 Page 2 of2 r ... ._: ·Ci) CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT. USE ONLY) (FOR DEPT. USE ONLY) D Administrative Permit D Planned Development Permit D Administrative Variance 0 Planned Industrial Permit ~ Coastal Development Permit CPP~152A~ 0 Planning Commission Determination D Conditional Use Permit 0 Precise Development Plan D Condominium Permit 0 Redevelopment Permit D Environmental Impact Assessment ~ Site Development Plan q7-zs-4)(·. z D General Plan Amendment 0 Special Use Permit D Habitat Management Plan Permit 0 Specific Plan D Hillside Development Permit D +eAtati\le Paroel Ma~ Obtain from Engineering Department D Local Coastal Program Amendment D Tentative Tract Map D Master Plan D Variance D Minor Conditional Use Permit D Zone Change D Non-Residential Planned Development 0 List other applications not //_ specified _f_ 2) ASSESSOR PARCEL NO(S).: Z/2-fJ4o-66 ;/2./J.ri-fO~ooh l2(')L/() 70?0 3) 4) 5) OWNER NAME (Print or Type) V' 6) APPLICANT NAME (Print or Type) ~ LAJ...) GaALJ " , $0P ~ t.:: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE CITY AND STATE ZIP ~ Dlez;& CA 92.1~ TELEPHONE ~-79~- 7 EMAILADDRESS: ~K \.-@ SGd..-W. I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BES OF MY KNOWLEDGE. ~~~--~~~~~~~~~~?~og NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M. Form 14 Rev. 03/08 PAGE 1 OF 4 f • 7) BRIEF LEGAL DESCRIPTION 8) LOCATION OF PROJECT: ON THE SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) 9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. 1 0) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY Form 14 Rev. 03/08 RECEIVED AUG 2 2 2008 CITY OF CARLSBAD DATE ~NN:fH~~CEIVED RECEIVED BY: PAGE 2 OF 4 Kelly Corporate Center II, LLC Allen Development of Southern California, LLC 11943 El Camino Real, Suite 200 San Diego, CA 92130 Allen Capital Partners, LLC 11943 El Camino Real, Suite 200 San Diego, CA 92130 Kelly Corporate Center I, LLC 11943 El Camino Real, Suite 200 San Diego, CA 92130 Robert P. Kelly Trustee of Trust C FBO Irene Hendricks P.O. Box 862 Rancho Santa Fe, CA 92067 R.P. Kelly & K.R. Kelly Trustees of The Kelly Family Trust UDT I 0/27/82 2770 Sunny Creek Road Carlsbad, CA 92008 r---------- Kelly Corporate Center I, LLC Carroll R. and Alice L. Kelly TR IIA FBO Irene K. Hendricks P.O. Box 862 Rancho Santa Fe, CA 92067 Carroll R. and Alice L. Kelly TR liE FBO Danica A. Kelly C/o Richard Kelly-65334 Swalley Road Bend, OR 97701 Carroll R. and Alice L. Kelly TR IIF FBO Katrina L. Kelly P.O. Box428 Cardiff, CA 92007 Carroll R. and Alice L. Kelly TR IIG FBO Colleen L. Kelly 408 Playa Blanca Encinitas, CA 92024 Carroll R. and Alice L. Kelly TR IIH FBO Sara S. Kelly 2770 Sunny Creek Rd. Carlsbad, CA 92008 Carroll R. and Alice L. Kelly TR III FBO Donna M. Kelly 1 0972 Trees ide Lane Escondido, CA 92026 Carroll R. and Alice L. Kelly TR IlK FBO Richard J. Hanson 181 0 Kelly St. Oceanside, CA 92054 Carroll R. and Alice L. Kelly TRIlL FBO Robert D. DiFiglia 2770 Sunny Creek Rd. Carlsbad, CA 92008 Carroll R. and Alice L. Kelly TR liM FBO Tressa DiFiglia 2770 Sunny Creek Rd. Carlsbad, CA 92008 ' . • R.P. Kelly & K.R. Kelly Trustees of The Kelly Family Trust UDT 10/27/82 2770 Sunny Creek Road Carlsbad, CA 92008 Allen Development of Southern California, LLC 11943 El Camino Real, Suite 200 San Diego, CA 92130 Allen Capital Partners, LLC 11943 El Camino Real, Suite 200 San Diego, CA 92130 -· e landArner1 Commonwealth The Allen Group 11943 El Camino Real #200 San Diego, CA 92130 Attn: Harve Filuk Your Reference No: Kelly Building Commonwealth Land Title Company 750 "B" Street Suite 3000 San Diego, CA 92101 Phone: (619) 233-3000 Our File No: 11451211 -609 -611L Senior Commercial Title Officer: Katherine I. Leicht (kleicht@landam.com) Phone: (619) 230-6346 Fax: (619) 233-3846 Property Address: 1000 Aviara Parkway, City of Carlsbad, California PRELIMINARY REPORT Dated as of October 16, 2008 at 7:30a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit 8 of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report (Revised 11-17-06) Page 1 ----------------~------ File No: 11451211 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Loan 2006 Policy (6-17-06) The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE as to Parcel(s) 1; AN EASEMENT more fully described below as to Parcel(s) 2 Title to said estate or interest at the date hereof is vested in: Kelly Corporate Center II C, LLC, a Delaware Limited Liability Company The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 File No: 11451211 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel 1: 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. 03-0402795 of Official Records. Parcel 2: A non-exclusive easement for pedestrian and vehicular access, ingress and egress over 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. 03-0402795 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. 03-0402797 of Official Records. Assessor's Parcel Number: 212-040-70-00 Page 3 File No: 11451211 SCHEDULE B -Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 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 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. Page 4 File No: 11451211 SCHEDULE B -Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2008 -2009. 1st Installment: Penalty: 2nd Installment: Penalty (including cost): Land Value Improvement Value: Exemption: Code Area: Assessment No.: $86,572.69 (Open) This amount is valid until December 10, after which penalties apply $8,657.27 Due with installment amount if paid after December 10 $86,572.69 (Open) This amount is valid until April 10, after which penalties apply $8,667.27 Due with installment amount if paid after April 10 $862,298.00 $15,269,400.00 $-0- 09018 212-040-70-00 B. The lien of any special assessment or tax resulting from the inclusion of the property in a special assessment district or Mello-Roos Community Facilities District, which may exist by virtue of assessment maps or notices filed and/or recorded by any such district. Assessments, if any, arising from such assessment districts may be collected with the regular real property taxes. C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Water rights, claims or title to water, whether or not shown by the public records. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: San Diego County public road October 5, 1899 in Book 280 Page 292 of Deeds The exact location and/or extent of said easement is not disclosed in the public records. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities August 14, 1957 in Book 6706 Page 514 of Official Records A portion of the herein described property Page 5 File No: 11451211 4. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of Survey. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Carlsbad Municipal Water District, a Municipal Corporation pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for power transmission and communication purposes, at such locations and elevations, upon, along, over and under the hereinafter described right of way as grantee may now or hereafter deem convenient and necessary from time to time, together with the right of ingress thereto and egress therefrom December 28, 1961 as Instrument No. 223207 of Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 6. A 13' future street opening shown on Parcel Map No. 2993. 7. 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. 74-230327 of Official Records. 8. The matters contained in a document entitled "Future Improvement Agreement" recorded August 23, 1974 as Instrument No. 74-230328 of Official Records. Reference is made to said document for full particulars. 9. The matters contained in a document entitled "Future Improvement Agreement" recorded August 23, 1974 as Instrument No. 74-230329 of Official Records. Reference is made to said document for full particulars. 10. The matters contained in a document entitled "Payment of a Public Facilities Fees" recorded November 8, 1982 as Instrument No. 82-343970 of Official Records. Reference is made to said document for full particulars. 11. 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- 037400, July 7, 1988 as Instrument No. 88-329466, and July 7, 1988 as Instrument No. 88- 329467, all of Official Records. Page 6 File No: 11451211 12. An easement for the document Granted to: Purpose: Recorded: Affects: purpose shown below and rights incidental thereto as set forth in a The City of Carlsbad open space August 25, 1988 as Instrument No. 88-426568 and 88-426569 both of Official Records A portion of the herein described property 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: The City of Carlsbad public utilities August 25, 1988 as Instrument No. 88-426573 of Official Records A portion of the herein described property 14. Covenants, conditions and restrictions as set forth in the document Recorded: July 10, 1989 as Instrument No. 89-362401 of Official Records This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. 15. The fact that said land lies within the boundaries of Community Facilities District No. 1 City of Carlsbad, as disclosed by Instrument recorded December 19, 1990 as Instrument No. 90- 0674118 of Official Records. A Notice of Special Tax lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records. 16. The fact that said land lies within the boundaries of Community Facilities District No. 2, as disclosed by Instrument recorded October 7, 1992 as Instrument No. 1992-0637693 and 1992- 0637694, both of Official Records. 17. The fact that said land lies within the Community Facilities District No. 3, as disclosed by Instrument recorded February 9, 1994 as Instrument No. 1994-0090630 of Official Records. Notice of Special Tax Lien Community Facilities District No. 3 of the Carlsbad Unified School District was recorded April 26, 1994 as Instrument No. 1994-0277976 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. 1995-0205176 of Official Records. An Amended Annexation Map NO. 1 to Boundaries of Community Facilities District No. 3, recorded June 16, 1995 as Instrument No. 1995-0254037 of Official Records. 18. The matters contained in a document entitled "Agreement Between Landowners Regarding Hidden Valley Road" recorded March 6, 1995 as Instrument No. 95-0094517 of Official Records. Reference is made to said document for full particulars. Page 7 File No: 11451211 19. The matters contained in a document entitled "Reimbursement Agreement" recorded September 14, 1995 as Instrument No. 95-0410925 of Official Records. Reference is made to said document for full particulars. 20. 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 coasts of major public improvements in said City, recorded July 22, 1997 as Instrument No. 1997-0349124 of Official Records. 21. The fact that said land lies within the boundaries of Community Facilities District No. 3, as disclosed by Instrument recorded August 20, 1997 as Instrument No. 1997-0403172 of Official Records. 22. An easement for the document Granted to: Purpose: Recorded: Affects: purpose shown below and rights incidental thereto as set forth in a City of Carlsbad, a Municipal Corporation drainage purposes December 9, 1998 as Instrument No. 98-0798577 of Official Records A portion of the herein described property 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: San Diego Gas and Electric Company public utilities December 9, 1998 as Instrument No. 98-0798577 of Official Records The exact location and/or extent of said easement is not disclosed in the public records. 24. The matters contained in a document entitled "Hold Harmless Agreement Geological Failure" recorded December 13, 1999 as Instrument No. 99-0807418 of Official Records. Reference is made to said document for full particulars. 25. The matters contained in a document entitled "Hold Harmless Agreement Drainage" recorded December 13, 1999 as Instrument No. 99-0807419 of Official Records. Reference is made to said document for full particulars. 26. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded July 20, 2000 as Instrument No. 00-0383929 of Official Records. Reference is made to said document for full particulars. Page 8 File No: 11451211 27. The matters contained in a document entitled "Notice Concerning Aircraft Environmental Impacts Case No. SDP-97-25/CDP 97-52" recorded July 20, 2000 as Instrument No. 00- 0383930 of Official Records. Reference is made to said document for full particulars. 28. The matters contained in a 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. 00-0383931 of Official Records. Reference is made to said document for full particulars. 29. The matters contained in a 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. 00-0609460 of Official Records. Reference is made to said document for full particulars. 30. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad, a Municipal Corporation public drainage February 13, 2003 as Instrument No. 03-0171105 of Official Records A portion of said land 31. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: 32. An easement for the document Granted to: Purpose: Recorded: Affects: City of Carlsbad, a Municipal Corporation public utility and access purposes February 13, 2003 as Instrument No. 03-0171106 of Official Records A portion of said land purpose shown below and rights incidental thereto as set forth in a City of Carlsbad, a Municipal Corporation public utility and access February 13, 2003 as Instrument No. 03-0171108 of Official Records A portion of said land 33. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad, a Municipal Corporation public utility and access February 13, 2003 as Instrument No. 03-0171109 of Official Records A portion of said land Page 9 File No: 11451211 34. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad, a Municipal Corporation relinquishment and waiver of access rights February 13, 2003 as Instrument No. 03-0171110 of Official Records A portion of said land 35. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: 36. An easement for the document Granted to: Purpose: Recorded: Affects: City of Carlsbad, a Municipal Corporation public trail February 13, 2003 as Instrument No. 03-0171112 of Official Records A portion of said land purpose shown below and rights incidental thereto as set forth in a City of Carlsbad, a Municipal Corporation public street and public utility purposes February 13, 2003 as Instrument No. 03-0171113 of Official Records A portion of said land 37. Any interest in said land of the party named below as disclosed by a Notice of Non- responsi bi I ity Executed by: Meissner Jacquet Management Services Recorded: March 10, 2003 as Instrument No. 03-0265707 of Official Records 38. The matters contained in a document entitled "Declaration Regarding Maintenance of Retention Basin and Drainage Channel and Open Space Area" recorded April 9, 2003 as Instrument No. 03-0402796 of Official Records. Reference is made to said document for full particulars. 39. The matters contained in a document entitled "Declaration of Reciprocal Access Easement and Drainage Easement" recorded April 9, 2003 as Instrument No. 03-0402797 of Official Records. Reference is made to said document for full particulars. 40. Covenants, conditions and restrictions as set forth in the document Recorded: April 9, 2003 as Instrument No. 03-0402799 of Official Records This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Page 10 File No: 11451211 Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 41. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: Loan No.: $15,500,000.00 January 20, 2006 Kelly Corporate Center II C, LLC, a Delaware limited liability company PRLAP, Inc., a North Carolina Corporation Bank of America, N.A., a National Banking Association January 31, 2006 as Instrument No. 2006-0070773 of Official Records Not Set Out 42. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Kelly Corporate Center II, LLC, a Delaware limited liability company Business Real Estate Brokerage Company, a California Corporation, dba Grubb & Ellis/BRE Commercial Subordination, Nondisturbance and Attornment Agreement January 31, 2006 as Instrument No. 2006-0070774 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An agreement upon the prov1s1ons contained therein, which states that said lease is subordinate to the agreement entitled: Deed of Trust Recorded: By Agreement Recorded: And re-recorded: January 31, 2006 as Instrument No. 2006-0070773 of Official Records January 31, 2006 as Instrument No. 2006-0070774 of Official Records May 25, 2006 as Instrument No. 2006-0372189 of Official Records 43. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Kelly Corporate Center II, LLC, a Delaware limited liability company Merrill Lynch, Pierce, Fenner & Smith Incorporated, a Delaware Corporation Subordination, Nondisturbance and Attornment Agreement June 22, 2006 as Instrument No. 2006-0441339 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Page 11 File No: 11451211 An agreement upon the prov1s1ons contained therein, which states that said lease is subordinate to the agreement entitled: Deed of Trust Recorded: By Agreement Recorded: January 31, 2006 as Instrument No. 2006-0070773 of Official Records June 22, 2006 as Instrument No. 2006-0441339 of Official Records 44. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Kelly Corporate Center II, LLC, a Delaware limited liability company Comerica Bank, a Michigan Banking Corporation Subordination, Nondisturbance and Attornment Agreement June 29, 2006 as Instrument No. 2006-0461105 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An agreement upon the prov1s1ons contained therein, which states that said lease is subordinate to the agreement entitled: Deed of Trust Recorded: By Agreement Recorded: January 31, 2006 as Instrument No. 2006-0070773 of Official Records June 29, 2006 as Instrument No. 2006-0461105 of Official Records 45. Any claims for mechanic's liens on said land that may be recorded, by reason of a work of improvement that is disclosed by the document shown below Document: Recorded: Construction Deed of Trust Assignment of Rents and Leases, Security Agreement and Fixture Filing January 31, 2006 as Instrument No. 2006-0070773 of Official Records 46. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. 47. Any rights, interests or claims of the parties in possession of said land, including but not limited to those based on an unrecorded agreement, contract or lease. This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together with all supplements, assignments and amendments, before any policy of title insurance will be issued. 48. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. Page 12 File No: 11451211 49. 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. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 13 File No: 11451211 REQUIREMENTS SECTION: REQ N0.1: The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties Buyers/Sellers REQ N0.2: The Company will require that it be provided with the following with respect to the limited liability company named below: A. A current copy of the formation document certified by the appropriate state official; B. A copy of the LLC Agreement and any amendments thereto; and c. A certified copy of form LLC-5, if the form has been filed with the California Secretary of State. Limited Liability Company: Kelly Corporate Center II c, LLC, a Delaware limited liability company REQ N0.3 :The Company will require that the attached "Owner's Information Statement" be completed by the owner of the estate described or referred to in Schedule A immediately prior to the close of this transaction and be returned to us. The purposes of the Owner's Information Statement is to provide the Company with certain information that cannot necessarily be ascertained by making a physical inspection of the land. Page 14 File No: 11451211 INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank of California 445 South Figueroa Street Los Angeles, CA 90071-1655 Phone (800) 218-6466 ABA # 122-000-496 Credit To: Commonwealth Land Title Company -Commercial Services Account #9100511654 RE: 11451211 -988 -K8L PLEASE INDICATE COMMONWEALTH LAND TITLE COMPANY ESCROW OR TITLE ORDER NUMBER NOTE NO. 3: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. NOTE NO. 4. The charge for a policy of title insurance, when issued through this title order, will be based on the Short Term Rate. NOTE NO. 5. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. Page 15 File No: 11451211 NOTE NO.6. The following information will be included in the CLTA Form 116 or ALTA Form 22- 06 Endorsement to be issued pursuant to this order: There is located on said land: Commercial/industrial property Known as: 1000 Aviara Parkway, City of Carlsbad, California NOTE NO. 7. There are no conveyances affecting said land recorded within 24 months of the date of this report. NOTE NO. 8. THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Typist: 968 Date Typed: October 24, 2008 Page 16 Exhibit B (Revised 11-17-06) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 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 or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (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 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 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 claim, which arises out of the transaction vesting in the insured the estate of interest insured by this 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. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I 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 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 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. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 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 ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division 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. File No: 11451211 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, 8.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. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1% of Policy Amount or $2,500 (whichever is less) 1% of Policy Amount or $5,000 (whichever is less) 1% of Policy Amount or $5,000 (whichever is less) 1% of Policy Amount or $2,500 (whichever is less) Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 AMERICAN LAND TITLE ASSOCIATION 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: • land use • improvements on the land • land division • 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 notice of exercising the right appears in the public records on the Policy Date • 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: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date --unless they appeared in the public records • that result in no loss to you • 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: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA 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 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 File No: 11451211 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 (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 to 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 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 or 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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: 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 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 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. 2006 ALTA LOAN POLICY (06-17-06) 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 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. File No: 11451211 (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). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that 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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 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) 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 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 File No: 11451211 (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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions: 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 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 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. 2006 ALTA OWNER'S POLICY (06-17-06) 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 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(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 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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that 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. File No: 11451211 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) 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 areas 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 s 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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 (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); 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 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. 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 limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy. ~-, landArnerica • Commonwealth Commonwealth Land Title Company 750 "B" Street Suite 3000 San Diego, CA 92101 Phone: (619) 233-3000 Fax: (619) 233-7341 File No: 11451211 Notice to Customers You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one- to-four-dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Financial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company of California, Inc. Fidelity National Loan Portfolio Services Ticor Title Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4 You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: r..~ LandAmeri • Commonwealth Commonwealth Land Title Company 750 "B" Street Suite 3000 San Diego, CA 92101 Phone: (619) 233-3000 Fax: (619) 233-7341 File No: 11451211 Notice to Customers You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one- to-four-dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Financial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company of California, Inc. Fidelity National Loan Portfolio Services Ticor Title Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4. You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: • 212-04 SHT 1 OF 2 STATE OF CALIFORNIA COUNTY OF To: the Company Re: Title Order 11451211 OWNER'S INFORMATION STATEMENT } ss The undersigned, first being duly sworn, deposes and says: 1). That I/we are the owner(s) ofthat certain real property located in the County of San Diego described in the report referenced above: That the land is improved by a: 0 Single Family residence: 0 one to four family residence 0 Apartment building 0 Office building 0 Commercial building 0 Combination office and commercial building 0 Industrial building 0 2). That there have been no repairs, work of improvement or materials furnished to the premises within the last 12 months, except That the work of improvement or repairs, if any: 0 Started on ----------------------0 Was completed on _______ _ 0 Will be completed on __________ __ 3). There are no unpaid bills for labor of material because of any improvements or repairs made to the above premises; except 4). That there is no one in possession of or has access to the premises other than: 0 the undersigned 0 tenants based only on month-to-month rental agreements 0 lessees based upon existing leases, copies of which are attached hereto* 0 5). That no person(s) other those mentioned above have any rights, easements, licenses, or agreements allowing them to use, encroach on, or travel over said real property except ----------------------------- (enter "none" if such is true) 6). That the undersigned has not received any supplemental tax bill which is unpaid. 7). That this declaration is given for the purpose of inducing the Company and Commonwealth Land Title Insurance Company to issue its policy(ies) of title insurance under the above referenced title order which may provide coverage as to the items mentioned above and that the statements made herein are true and correct of my/our knowledge. Owner's Intonnation Statement (11/02) .. *Declarant(s), please remember to attach copies. Executed under penalty of perjury on the ____ day of _________ , 2 __ Signature Owner's lnfonnation Statement (11/02) Signature e ~, landAmerica • Commonwealth The Allen Group 11943 El Camino Real #200 San Diego, CA 92130 Attn: Harve Filuke Your Reference No: Kelly Bldg Site Lot3 Commonwealth Land Title Company 750 "B" Street Suite 3000 San Diego, CA 92101 Phone: {619) 233-3000 Our File No: 11465543 -609 -611L Senior Commercial Title Officer: Katherine I. Leicht {kleicht@landam.com) Phone: {619) 230-6346 Fax: {619) 233-3846 Property Address: Aviara Parkway, Carlsbad, California PRELIMINARY REPORT Dated as of October 31, 2008 at 7:30a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report {and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report (Revised 11-17-06) Page 1 File No: 11465543 SCHEDULE A The form of policy of title insurance contemplated by this report is: CLTA Standard Loan ALTA Loan 2006 Policy (6-17-06) The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE as to Parcels A and A-1; AN EASEMENT more fully described below as to Parcels A-2 and A-3 Title to said estate or interest at the date hereof is vested in: Kelly Corporate Center II, LLC, a Delaware limited liability company The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 File No: 11465543 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL A: Parcel 3 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 said 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 19207, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of said 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 19207, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of said 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: 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 said 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. Assessor's Parcel Number: 212-040-069 Page 3 File No: 11465543 SCHEDULE B -Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 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 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. Page 4 File No: 11465543 SCHEDULE B -Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2008 -2009 1st Installment: $4,807.02 (open) This amount is valid until December 10, after Penalty: 2nd Installment: Penalty (including cost): Exemption: Code Area: Assessment No.: which penalties apply $480.70 Due with installment amount if paid after December 10 $4,807.02 This amount is valid until April 10, after which penalties apply $490.70 Due with installment amount if paid after April 10 $none 09018 212-040-069 B. The lien of any special assessment or tax resulting from the inclusion of the property in a special assessment district or Mello-Roos Community Facilities District, which may exist by virtue of assessment maps or notices filed and/or recorded by any such district. Assessments, if any, arising from such assessment districts may be collected with the regular real property taxes. C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Water rights, claims or title to water, whether or not shown by the public records. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: San Diego County public road October 5, 1899 in Book 280, page 292 of Deeds said land more particularly described therein The exact location and/or extent of said easement is not disclosed in the public records. 3. 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: County of San Diego Affects: 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. 4. Abutter's rights of ingress and egress to or from Palomar Airport Road per Road Survey Map 1534, existing and future widening with the exception of public street openings designated Parcel A of Parcel Map 2993, adjacent thereto have been relinquished in the document recorded August 23, 1974 as Instrument No. 230327 of Official Records. 5. The terms and provisions contained in the document entitled "Future Improvement Agreement" recorded August 23, 1974 as Instrument No. 74-230328 of Official Records. Page 5 File No: 11465543 6. The terms and provisions contained in the document entitled "Future Improvement Agreement" recorded August 23, 1974 as Instrument No. 74-230329 of Official Records. 7. The terms and provisions contained in the document entitled "Agreement Between Developer- owner and the City of Carlsbad for the Payment of a Public Facilities Fee" recorded November 8, 1982 as Instrument No. 82-343970 of Official Records. 8. The fact that said land lies within the Assessment District 86-1 Palomar Airport Road 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 of Official Records. 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad open space August 25, 1988 as Instrument Nos. 88-426568 and 88-426569 of Official Records portion of Parcel 1 10. 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 No. 88-426572 of Official Records. In favor of: City of Carlsbad Affects: Parcel 1 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad installation, construction, maintenance, repair, replacement, reconstruction, and inspection of an enclosed or unenclosed food drainage channel and all structures incidental thereto and 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 August 25, 1988 as Instrument No. 88-426573 of Official Records portion of Parcel 1 12. 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. 13. A resolution of the City Council of the City of Carlsbad Overruling and Denying Protests and Establishing Bridge and Thoroughfare District 2 (Aviara Parkway-Poinsettia Lane) to finance the costs of major public improvements in said city, recorded July 22, 1997 as Instrument No. 1997-349124 of Official Records. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: San Diego Gas & Electric Company public utilities December 9, 1998 as Instrument No. 1998-0798577 of Official Records said land more particularly described therein Page 6 File No: 11465543 The exact location and/or extent of said easement is not disclosed in the public records. 15. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 13, 1999 as Instrument No. 1999-807418 of Official Records. 16. The terms and provrsrons contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 13, 1999 as Instrument No. 1999-807419 of Official Records. 17. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded July 20, 2000 as Instrument No. 2000-383929 of Official Records. 18. The terms and provisions contained in the document entitled "Notice Concerning Aircraft Environmental Impacts Cases SDP 97-25/CDP 97-52" recorded July 20, 2000 as Instrument No. 2000-383930 of Official Records. 19. 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 Case SDP 97-24/CDP 97-52" recorded July 20, 2000 as Instrument No. 2000-383931 of Official Records. 20. The terms and provisions contained in the document entitled "Aircraft Operations, Sound, Airspace and Avigation Easement Deed Case SDP 97-24/CDP 97-52" recorded November 9, 2000 as Instrument No. 2000-609460 of Official Records. 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad public drainage August 20, 2002 as Instrument No. 2002-704505 of Official Records portion of Parcel 1 22. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad public drainage February 13, 2003 as Instrument No. 2003-171105 of Official Records portion of Parcel 1 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad public utilities February 13, 2003 as Instrument No. 2003-171106 of Official Records portion of Parcel 1 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad public utilities February 13, 2003 as Instrument No. 2003-171107 of Official Records portion of Parcel 1 Page 7 File No: 11465543 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad open space February 13, 2003 as Instrument No. 2003-171108 of Official Records portion of Parcel 1 26. Abutter's rights of ingress and egress to or from a portion of Hidden Valley Road have been relinquished in the document recorded February 13, 2003 as Instrument No. 2003-171111 of Official Records. Said matter affects Parcel 1 of Parcel Map 19207 27. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: City of Carlsbad public trail February 13, 2003 as Instrument No. 2003-171112 of Official Records portion of Parcel 1 28. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map: Parcel Map 19207 Purpose: sight distance corridors Affects: shown on said map 29. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map: Parcel Map 19207 Purpose: future water easement per separate document Affects: shown on said map 30. Various matters including, but not limited to, requirements for developing or improving the land, proposed easements, covenants, conditions, restrictions and provisions set forth on Parcel Map No. 19207 Recorded: April 9, 2003 as Instrument No. 2003-402795 of Official Records 31. 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. 2003-402796 of Official Records. 32. The terms and provisions contained in the document entitled "Declaration of Reciprocal Access Easement and Drainage Easement" recorded April 9, 2003 as Instrument No. 2003-402797 of Official Records. 33. The terms and provisions contained in the document entitled "Declaration of Parking Easement" recorded April 9, 2003 as Instrument No. 2003-402798 of Official Records. 34. Covenants, conditions and restrictions as set forth in the document Recorded: April 9, 2003 as Instrument No. 2003-402799 of Official Records This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Page 8 File No: 11465543 Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 35. Easements and rights of way for road and public utilities, and appurtenances thereto, as reserved and conveyed by various deeds of record. Affects: Parcels A2 and A3 36. We find no open deeds of trust. Escrow please confirm before closing. 37. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. An inspection of said land has been ordered, which may result in additional exceptions. 38. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. 39. 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. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 9 File No: 11465543 REQUIREMENTS SECTION: REQ N0.1: The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties Buyers/Sellers REQ N0.2: The Company will require that it be provided with the following with respect to the limited liability company named below: A. A current copy of the formation document certified by the appropriate state official; B. A copy of the LLC Agreement and any amendments thereto; and C. A certified copy of form LLC-5, if the form has been filed with the California Secretary of State. Limited Liability Company: Kelly Corporate Center II, LLC, a Delaware limited liability company REQ N0.3: The Company will require that it be provided with the following with respect to the limited liability company named below: A. A current copy of the formation document certified by the appropriate state official; B. A copy of the LLC Agreement and any amendments thereto; and C. A certified copy of form LLC-5, if the form has been filed with the California Secretary of State. Limited Liability Company: Allen Development of Southern California, LLC, a General Partnership REQ N0.4: This company reserves the right to make additional requirements and exceptions upon the review of documentation requested or submitted for the completion of the proposed transaction. REQ N0.5: The Company will require that the attached "Owner's Information Statement" be completed by the owner of the estate described or referred to in Schedule A immediately prior to the close of this transaction and be returned to us. The purposes of the Owner's Information Statement is to provide the Company with certain information that cannot necessarily be ascertained by making a physical inspection of the land. Page 10 File No: 11465543 INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank of California 445 South Figueroa Street Los Angeles, CA 90071-1655 Phone (800) 218-6466 ABA # 122-000-496 Credit To: Commonwealth Land Title Company-Commercial Services Account #9100511654 RE: 11465543 - PLEASE INDICATE COMMONWEALTH LAND TITLE COMPANY ESCROW OR TITLE ORDER NUMBER NOTE NO. 3: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. NOTE NO. 4: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days have elapsed. If taxes have been paid through an impound account or if a copy of the cancelled check can be provided to us, this requirement can be waived. Page 11 File No: 11465543 NOTE NO. 5: There are no conveyances affecting said land recorded within 24 months of the date of this report. Typist: tb2 Date Typed: November 12, 2008 Page 12 Exhibit B (Revised 11-17-06) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 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 or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (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 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 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 claim, which arises out of the transaction vesting in the insured the estate of interest insured by this 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. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I 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 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 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. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 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 ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division 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. File No: 11465543 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, 8.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. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount Our Maximum Dollar Limit of Liability 1% of Policy Amount or $2,500 $10,000 (whichever is less) 1% of Policy Amount or $5,000 $25,000 (whichever is less) 1% of Policy Amount or $5,000 $25,000 (whichever is less) 1% of Policy Amount or $2,500 $5,000 (whichever is less) AMERICAN LAND TITLE ASSOCIATION 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: • land use • improvements on the land • land division • 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 notice of exercising the right appears in the public records on the Policy Date • 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: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date --unless they appeared in the public records • that result in no loss to you • 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: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA 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 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 File No: 11465543 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 (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 to 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 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 or 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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: 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 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 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. 2006 ALTA LOAN POLICY (06-17-06) 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 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. File No: 11465543 (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). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that 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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 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) 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 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 File No: 11465543 (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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions: 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 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 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. 2006 ALTA OWNER'S POLICY (06-17-06) 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 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(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 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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that 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. File No: 11465543 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) 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 areas 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 s 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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 (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); 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 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. 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 limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy. r..~ landAmerica • Commonwealth Commonwealth Land Title Company 750 "B" Street Suite 3000 San Diego, CA 92101 Phone: (619) 233-3000 Fax: (619) 233-7341 File No: 11465543 Notice to Customers You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one- to-four-dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Financial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company of California, Inc. Fidelity National Loan Portfolio Services Ticor Title Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4 You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: ~ ~ landAmerica • Commonwealth Commonwealth Land Title Company 750 "B" Street Suite 3000 San Diego, CA 92101 Phone: (619) 233-3000 Fax: (619) 233-7341 File No: 11465543 Notice to Customers You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one- to-four-dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Financial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company of California, Inc. Fidelity National Loan Portfolio Services Ticor Title Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4. You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al.1 Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: 09 c® SAN DIEGO COUNTY ASSESSOR'S MAP @ SHT 2 BOCI< 212 PAGE 04 SHT 1 OF 2 DETAIL "C" SCALE: 1 "-1 00' @ SHT 1 SHT 1 DETAIL ·e-I'D SCALE @ SHT 2 1 • OPEN SPACE 2" PAR 2 0.75 AC PER PM 19207 3" PAR 3 0.75 AC PER PM 19207 4' NO ACCESS 5' TRAIL ESMT 6• NO ActESS 212-04 SHT 1 OF 2 OK/16/2007 tf!li 'CHANGES IILI'I CX.D JT o40 .JI IB~ ~.l,l!r.r ,.,. ~H/ lf "(II f7 .,,. 112 I'll 11 17 17 .. II 1101 31 II 110Z .10 •• u !50 SliP 98 4653 57 I .1'3 !'o 18 22 l5ll -110-"'18 10007 53 l.J;'f e. 18 71 41 !"ST'iPK 99 41111 ~51 59 99 1513 41 -~ 100 1630 61 PG22 00 111 48Jt55 82-115 00 1957 110 PG 23 01 1 56 s:r~~ 02 4754 631166 m,• 03 4751 63&65 67-70 04 1115 66 ilirlf..f; 05 4702 50 p'd'~s 06 279 25 71&72 06 1129 MAP 823 -RHO AGUA HEDilJIOA -P'JR LOT G -1445 llf ROS 5715,8846,13466,15061,17412 STATE OF CALIFORNIA COUNTY OF To: the Company Re: Title Order 11465543 OWNER'S INFORMATION STATEMENT } ss The undersigned, first being duly sworn, deposes and says: 1 ). That I/ we are the owner( s) of that certain real property located in the County of San Diego described in the report referenced above: That the land is improved by a: 0 Single Family residence: Done to four family residence 0 Apartment building 0 Office building 0 Commercial building 0 Combination office and commercial building 0 Industrial building 0 2). That there have been no repairs, work of improvement or materials furnished to the premises within the last 12 months, except That the work of improvement or repairs, if any: 0 Started on _________ _ 0 Was completed on _______ _ 0 Will be completed on _____ _ 3 ). There are no unpaid bills for labor of material because of any improvements or repairs made to the above premises; except 4). That there is no one in possession of or has access to the premises other than: 0 the undersigned 0 tenants based only on month-to-month rental agreements 0 lessees based upon existing leases, copies of which are attached hereto* 0 5). That no person(s) other those mentioned above have any rights, easements, licenses, or agreements allowing them to use, encroach on, or travel over said real property except--------------- (enter "none" if such is true) 6). That the undersigned has not received any supplemental tax bill which is unpaid. 7). That this declaration is given for the purpose of inducing the Company and Commonwealth Land Title Insurance Company to issue its policy(ies) of title insurance under the above referenced title order which may provide coverage as to the items mentioned above and that the statements made herein are true and correct of my/our knowledge. Owner's Information Statement (11/02) • *Declarant(s), please remember to attach copies. Executed under penalty of perjury on the ____ day of _________ , 2 __ Signature Owner's Information Statement (11/02) Signature " City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11m11 1111111111111~111111111111~ Applicant: MARK LANGAN SMITH CONSULTING Description A,mount CDP9752AX2 5,508.75 6005 HIDDEN VALLEY RD CBAD Receipt Number: R0071546 Transaction ID: R0071546 Transaction Date: 08/22/2008 Pay Type Method Description Amount Payment Check 5,508.75 Transaction Amount: 5,508.75 .. City of Carlsbad Faraday Center ' ..... Faraday Cashiering 001 0823501-2 08/22/2008 32 Fri Aug22,2008 04:01 PM PERMITS-PERMITS $5,508.75 Tran Nbr: 082350102 0023 0023 Trans/Rcpt#: R0071546 SET#: CDP9752AX2 ITEM(S): TOTAL: Check (Chk# 000005177) Total Received: Have a nice day! $5,508.75 $5,508.75 $5,508.l5 **************CUSTOMER COPY************* • • CITY OF CARLSBAD • LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) USE ONLY) 0 Administrative Permit -2nd 0 Planned Industrial Permit Dwelling Unit D Administrative Variance D Planning Commission Determination 0 Coastal Development Permit D Precise Development Plan D Conditional Use Permit D Redevelopment Permit D Condominium Permit D Site Development Plan \ 00 Environmental Impact D Special Use Permit Assessment D General Plan Amendment D Specific Plan 0 Hillside Development Permit D =FeR:t:e:t:i•t'e PeFeel Me1=1 Obtain from Engineering Department D Local Coastal Plan Amendment D Tentative Tract Map 0 Master Plan 0 Variance 0 Non-Residential Planned D Zone Change Development 0 Planned Development Permit 0 List other applications not specified 2) ASSESSOR PARCEL NO(S).: ~2~1~2~-~0~4~0_-~3~5~,~4~8~,_5~4~&~5~5~~~~~~~~~~~~~~ 3) PROJECT NAME: Kelly Corporate Center (?J?P Cl7·s?5/C..DP <f]. si?) 4) BRIEF DESCRIPTION OF PROJECT: Traffic study/environmental revisioBs to traffic mitigation 5) OWNER NAME (Print orType) Kelly Ranch Corporate Center I, LLC MAILING ADDRESS 2141 Palomar Airport Road, Suite 300 CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 (760) 929-2900 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL -THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1-l'i-t:O DATE 6) APPLICANT NAME (Print or Type) Kelly Ranch Corporate Center I, LLC MAILING ADDRESS 2141 Palomar Airport Road, Ste. 300 CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 (760) 929-2900 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT 0 THE BEST OF MY WLEDGE. /-/7-t:>O DATE 7) BRIEF LEGAL DESCRIPTION Parcel "D" and a portion of Parcel "C" of Parcel Map No. 2993, City of Carlsbad, County of San Diego, State of California NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M. Form 16 PAGE 1 OF 2 8) LOCATION OF PROJECT: • ON THE!~ _s_o~u=t_h~~~~~==~ (NORTH, SOUTH, EAST, WEST) BETWEEN !Hidden Valley Road area west of (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 5 NA STREET ADDRESS SIDE OF I Palomar Airport Road (NAME OF STREET) AND !Aviara Parkway (NAME OF STREET) 1 0) PROPOSED NUMBER OF LOTS 1!111 NUMBER OF EXISTING 11 0 12) PROPOSED NUMBER OF ~~ ~ RESIDENTIAL UNITS u___j RESIDENTIAL UNITS lJL_j 13) TYPE OF SUBDIVISION ~14) PROPOSED IND OFFICE/ GJ15) PROPOSED COMM G:J of SQUARE FOOTAGE A SQUARE FOOTAGE 16) PERCENT AGE OF PROPOSED ~17) PROPOSEDINCREASEIN ~ 18) PROPOSED SEWER bJ PROJECT IN OPEN SPACE A ADT 0 USAGE IN EDU 19) GROSS SITE ACREAGE ~20) EXISTING GENERAL GJ21) PROPOSED GENERAL [;] 8 PLAN I PLAN DESIGNATION 22) EXISTING ZONING [;:;] 23) PROPOSED ZONING GJ Q 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY OR THIS PURPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED DATE FEE PAID Form 16 J~.N 1.. ~ 2000 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: I~ RECEIPT NO. PAGE 2 OF 2 • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: KELLY CORP CTR I LLC Description Amount SDP97025 46.20 6925 05/'10/··oo ooo1 01 02 Receipt Number: R0012183 C-PRMT Transaction Date: 05/10/2000 Pay Type Method Description Amount Payment Check 1155 46.20 Transaction Amount: 46.20 (~~CITY OF • FILE COPY 1·1~·13 ~CARLSBAD 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, January 30, 2013, to consider a request for the following: CASE NAME: SDP 97-25(A}x3-Kelly Corporate Center PUBLISH DATE: January 18, 2013 DESCRIPTION: Request for a four -year retroactive extension of a Site Development Plan to construct a 50,000 square foot, two-story multi-tenant office building on a 25.28 acre site generally located adjacent to and south of Palomar Airport Road between Hidden Valley Road and Aviara Parkway 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://www.carlsbadca.gov/cityhall/meetings/Pages/meeting-videos.aspx 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 ~T~·~ Planning Division ~:' · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® • 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 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type [] Certified Mall D Registered D Insured Mail D Express Mall D Return Receipt for Merchandise 0 C.O.D. 2. Article Number (Transfer from service label) 7011 2970 0003 8761 4646 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) CITY OF CARLSBAD This J,·,. I NOTICE< IS HEREBY GIVEN to you, because your in- tere.y be affected, that the Planning Commission oft of Carlsbad will hold a public hearing at the Coun Chambers, 1200 Carlsbad Village-Drive, Cnrl;bad, California, at 6:00 p.m. on Wednesday, January 30, 2013, to consider the. following: ll SOP 97-25{A)x3 ·KELLY CORPORATE CENTER-Request for a four -year retroactive extension of a Site Development P on to construct a 50,000 square foot, two-story multi-tenant of- fice building on a 25.28 pcre site generally located adjacent to and south of Palomar Airport Road between Hidden Valley Road and Aviara Parkway in Local Facilities Management Zone .5. STATE OF CALIFORNIA County of San Diego PLANNING DEPARTMENT JAN 2 3 2013 l. I am a citizen of the United State~mot-"!S"""'P':znot?~r--• -1 of the County aforesaid: I am over the age of j eighteen years and not a party to or interested in Tne City Planner has determined that the potential environmen-tal effects of the project were adequately analyzed by the previ- ously adopted Mitigated Negative Declaration CMNDJ and the Mitigation Monitoring and Reporting Program for Kelly Corpo- rate Center-SOP 97-25 and COP 97-52 as well as the previously adopted subsequent MND for Kelly Corporate Center-SOP 97- 25(AJ and COP 97-52{A). No additional environmental review is required. 1. \ ' I 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: January 18th, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This 1 y January 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising ' ''2) COP 12-25/ HMP 13-01 ·NORTH BATIQUITOS SEWER LIFT ' STATION FORCE MAIN REPAIR-Request for approval of a post-emergency Coastal Development Permit and Habitat Man- agement Plan Permit to: 1) install approximately 65 lineal feet of 14-inch sewer force main pipe below grade; 2) insta.ll a mani-fold system including valves and appurtenances above grade; and 3) abandon in place approximately 50 lineal feet of 14-inch sewer force main pipe below grade at the North Batiquitos Sew- er Lift Station (NBSLS), located at 7382' Gabbiano Lane, on the north side of Batiquitos Lagoon, in the East Batiquitos Lagoon/Hunt Properties Segment of the Local Coastal Program and within Local Facilities Management Zone 19. The project is exempt from the California Environmental Quali- ty Act. This project is located within the appeal area and the decision may be appealed to the California Coastal Commission. \\ " \~\·\ \\ < \ ( ' ·, ~\ \ < J ) Jl"--~~\ ' /'·+\ \\ GE '·~-~ 'j \\ '~~\lj .. \\. ~~ \\ &"l•<H.urc& l~a.o-o~ 3) RP 12-28-RAIL YARD LOFTS-Request for a recommenda- tion of approval of a Maier Review Permit to allow for the con- struction of a four-unit residential condominium development project on the property located at 2685 State Street in Land Use District 4 of the Village Review Zone. The project is exempt from the California Environmental Quali- ty Act. If you challenge these projects in court, you may be limited to raising only tllose 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 and8:00amto5:00pm Friday. Those persons wishing to speak on these proposals ore cordially invited to attend the public hearing. ·copies of the staff reports will be available online at http://corlsbod.granicus.comNiewPu blisher.php?view id=6 on or after the Friday prior to the hear- ing date. If you nove any questions, please call the Planning Di-vision at (760) 602-4600. PUBLISH:Januory 18,2013 10707935 CITY OF CARLSBAD PLANNING DIVISION " N~tice of Deterlination To: Office of Planning and Research From: CITY OF CARLSBAD P.O. Box 3044 Planning Department Sacramento, CA 958I2-3044 1635 Faraday Ave ----,2-2-.2~~ (F 0 [1 [g [Q) Carlsbad, CA ~ <..r~<S' SD County Clerk DavidButler,Recorder/CountyCierk (760) -4600~ · ~ Attn: Anthony J. Consul ~ Mail Stop A-33 APR 1 5 2009 , . ~ 1 I600 Pacific Highway BY L~ Kestan \~ i. r :;-~ S5J San Diego, CA 92I 0 I ~EPUTY \~, . ~ ProJect No: SDP 97-25(A)x2/~ 97-52(A)x2 / ~ Filing of Notice of Determination in compliance with Section 21108 or 21152"~'t.~.::t~Itfi~(t::>/ Resources Code. ~.-~ ' KELLY CORPORATE CENTER Project Title NIA City of Carlsbad, (760) 602-4625 State Clearinghouse No. Lead Agency, Contact Person Telephone Number South of Palomar Airport Road in between Aviara Parkway and Hidden Valley Road in the City of Carlsbad, County of San Diego Project Locations (include County) Name of Applicant: Kelly Corporate Center II, LLC Applicant's Address: II943 El Camino Real, Suite 200 San Diego, CA 92I30 Applicant's Telephone Number: (858) 764-6800 Project Description: Request for a determination that the project is within the scope of the previously adopted Mitigated Negative Declaration (MND) (SOP 97-25 & COP 97-52) and Subsequent Mitigated Negative Declaration (SDP 97-25(A) & COP 97-52(A)), and that the previously adopted MND and subsequent MND adequately describes the activity for the purposes of CEQA; and approval of a Site Development Plan Extension (SDP 97-25(A)x2) and Coastal Development Permit Extension (COP 97-52(A)x2) to allow for the construction of a 50,000 square foot, two-story office building, within Local Facilities Management Zone 5. This is to advise that the City of Carlsbad has approved the above described project on March 4, 2009, and has made the following determination regarding the above described project. I. The project will not have a significant effect on the environment 2. A Mitigated Negative Declaration and Subsequent Mitigated Declaration was prepared for this project pursuant to the provisions of CEQ A. 3. Mitigation measures were made a condition ofthe approval of the project. 4. A mitigation reporting or monitoring plan was previously adopted for this project. 5. A statement of Overriding Considerations was previously adopted for this project. 6. Findings were made pursuant to the provisions of CEQ A. This is to certify that the final Mitigated Negative Declaration (SDP 97-25 & CDP 97-52) and Subsequent Mitigated Negative Declaration (SDP 97-25(A) & CDP 97-52(A)) with comments and responses and record of project approval is available to the General Public at THE CITY OF CRLSBAD. ~ ?1w Lj /J-02 DON NEU, Planning Director Date Date received for filing at OPR: Revised December 2004 -l E:D IN THE OFFICE OF fHE COUNTY CLERK r )'Ago ~ounty on _.---A_h( 1 o .=LU"'"C"J-:-..,.,..,...-- r. 1 APR 1..§_ ~~Removed MAi 1} 2tltJ 'ettl 1 rl t agencv nn MA i 1 9 20( 3 Jeputy -~~·-Kesi an ____ _ ' STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT 93707 DFG 753.5a (6·91) \_ ead Agency: (' J: T.. C, D. X \::.,\:i)..(\ Date: b • \?.. · CO Cour~ tate Agency of Filing: _0 ___ =:::;:. __ "()...!· =-----------:·\-'-\.~:_\ ___ Document No.: 0CO~ i \ Project Title: \t..R \ \.\~ 0 nr-\)0\'c:.L"ti ~'\ Project Applicant Name: ________________________ Phone Number: _____ _ Project Applicant Address: ------------------------------------------------ Project Applicant (check appropriate box): CHECK APPLICABLE FEES: ( ) Environmental Impact Report ( ) Negative Declaration Local Public Agency 0 State Agency 0 School District 0 Other Special District 0 Private Entity 0 $850.00 $ $1,250.00 $ ( ) Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ( ) Projects Subject to Certified Regulatory Programs $850.00 $ ( ) County Administrative Fee $25.00 $ ( ...y-Project that is exempt from fees ~ ('~ECEIVED Signature and title of person receiving payment : __ ---'0\b'J..., .. ~. ===-~"".r'-'"'=""·?..."""">-.... -~''-'):1;""·---'M"'-"\.'-'i\ ______________ _ $_...,.!?5~·----- FIRST COPY-PROJECT APPLICANT SECOND COPY-DFG/FASB THIRD COPY-LEAD AGENCY FOURTH COPY-COUNTY /STATE AGENCY OF FILING N~t~ce Of neterlination To: D Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812 County Clerk County of San Diego Mailstop 833, Attn: MITA PO Box 121750 SanDiego,CA 92112-1750 0 0 03 1 1 CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 (760) 602-46p ~ ~ ~ lED Gregory J. Smith, Recorder/County Clerk JUN 12 2000 tlA BV DEPUTY Project No: SDP 97-25(A)/CDP 97-52(A) Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Kelly Corporate Center Project Title N/A City of Carlsbad, Don Neu (760) 602-4612 State Clearinghouse No. Lead Agency, Contact Person Telephone Number South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to A viara Parkway on the east in the City of Carlsbad, County of San Diego Project Locations (include County) Project Description: Approval of a Subsequent Mitigated Negative Declaration to delete a traffic mitigation mesure from the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SDP 97-25 and CDP 97-52 This is to advise that the City of Carlsbad has approved the above described project on June 7, 2000, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the envi\onment. 2. A Negative Declaration was prepared for tllis project pursuant to the provisions of CEQ A. 3. Mitigation measures were made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Subsequent Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. I . Date Date received for filing at OPR: Revised October 1989 e e City of Carlsbad I Q filII II I ;t. I •l§ ·fl j I; .t§ ill SUBSEQUENT MITIGATED NEGATIVE DECLARATION Project Address/Location: South side of Palomar Airport Road extending from an area west ofHidden Valley Road on the west to Aviara Parkway on the east. Project Description: Deletion of a traffic mitigation measure requiring the construction of Cannon Road Reach 2 to be underway to the satisfaction of the City Engineer prior to the issuance of a building permit for the approved Kelly Corporate Center which consists of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. 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, 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 ofthe whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Subsequent Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Subsequent Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 602-4612. DATED: CASE NO: CASE NAME: PUBLISH DATE: ~viA Y 1, 2000 SDP 97-25/CDP 97-52 KELLY CORPORATE CENTER-DELETION OF A TRAFFIC MITIGATION MEASURE MAY 1, 2000 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 (!) .. . DN:cs CALIFORNIA DEPARTMENT OF FISH AND GAME PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATION OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (Include County): Kelly Corporate Center (SDP 97-25(A)/CDP 97-52(A)/South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to A viara Parkway on the east in the City of Carlsbad, County of San Diego. N arne and Address of Applicant: Kevin A. Noell Kelly Ranch Corporate Center I, LLC Ste 300 2141 Palomar Airport Road Carlsbad, CA 92008 Project Description: Approval of a Subsequent Mitigated Negative Declaration to delete a traffic mitigation measure from the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SDP 97-25 and CDP 97-52. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the complete Environmental Initial Study, the City of Carlsbad Planning Department finds that the proposed project will not encroach upon wildlife habitat area, will have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into the proposed project which would affect fish or wildlife. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 ofthe Fish and Game Code. Section 711.4, Fish and Game Code DFG: 1/91 MIC~ Planning Director Lead Agency: CITY OF CARLSBAD nate: ---"'(p4/_r5=--~/'--=o--=o'-------, I . .. • State of California-The Resources ncy DEPARTMENT OF FISH AND GAME 2009 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECT TITLE KELLY CORPORATE CENTER PROJECT APPLICANT NAME KELLY CORPORATE CENTER II LLC PROJECT APPLICANT ADDRESS 11943 EL CAMINO REAL, SUITE 200 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs 12J County Administrative Fee 0 Project that is exempt from fees 0 Notice of Exemption I2J DFG No Effect Determination {Form Attached) 0 Other------------------- PAYMENT METHOD: 0 Cash 0 Credit 12J Check 0 Other_5_1_8_7 ___ _ SIGNATURE X L. Kesian RECEIPT# SD2009 000343 STATE CLEARING HOUSE#(ttapplicabte) STATE CA 0 state Agency $2,768.25 $ $1,993.00 $ $850.00 $ $941.25 $ $50.00 $ DATE 04-16-2009 DOCUMENT NUMBER 090099 PHONE NUMBER 858-764-6800 ZIP CODE 92130 12J Private Entity $50.00 $ ______ _ TOTALRECEIVED $ _____ $_5_0_.0_0 II 111111111111111 1111111111111 ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY-LEAO AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) ' . • DEPARTMENT OF FISH AND GAME ' State of California-The Resour ency 2009 ENVIRONMENTAL FILING FEE CASH RECEIPT - SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTYISTATEAGENCY OF FILING SAN DIEGO PROJECT TITLE KELLY CORPORATE CENTER PROJECT APPLICANT NAME KELLY CORPORATE CENTER II LLC PROJECT APPLICANT ADDRESS 11943 EL CAMINO REAL, SUITE 200 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration CITY SAN DIEGO 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs IZI County Administrative Fee 0 Project that is exempt from fees 0 Notice of Exemption 1Z1 DFG No Effect Determination (Form Attached) 0 Other------------------- PAYMENT METHOD: 0 Cash 0 Credit 1Z1 Check 0 Other 5187 ------ SIGNA1URE L. Kesian RECEIPT# SD2009 000343 STATE CLEARING HOUSE#(ffapplicableJ STATE CA 0 State Agency $2,768.25 $ $1,993.00 $ $850.00 $ $941.25 $ $50.00 $ DATE 04-16-2009 DOCUMENT NUMBER 090099 PHONE NUMBER 858-764-6800 ZIP CODE 92130 1Z1 Private Entity $50.00 $ ______ _ TOTALRECEIVED $ _____ $_5_0_.0_0 111111111111111111111111111111 ORIGINAL-PROJECT APPLICANT COPY -DFG/ASB COPY-LEAD AGENCY COPY -COUNTY CLERK FG 753.5a (Rev. 7/08) I N~tic~ ofDete.ftination To: Office of Planning and Research From: P.O. Box 3044 {ji ~ [1. @ [Q) Sacramento,CA 95812-3044 ·"'dB 1 R ·rd IC SD County Clerk Attn: Anthony J. Consul Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 Dan ut er, eco er ounty Clerk APR 1 5 Z009 L. Kesian DEPUlY BY. CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 Project No: SDP 97-25(A)x2/CDP 97-52(A)x2 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. · KELLY CORPORATE CENTER Project Title N/A City of Carlsbad, Shelley Estey bar (760) 602-4625 State Clearinghouse No. Lead Agency, Contact Person Telephone Number South of Palomar Airport Road in between A viara Parkway and Hidden Valley Road in the City of Carlsbad, County of San Diego Project Locations (include County) Name of Applicant: Kelly Corporate Center II, LLC Applicant's Address: 11943 El Camino Real, Suite 200 San Diego, CA 921 30 Applicant's Telephone Number: (858) 764-6800 Project Description: Request for a determination that the project is within the scope of the previously adopted Mitigated Negative Declaration (MND) (SDP 97-25 & CDP 97-52) and Subsequent Mitigated Negative Declaration (SDP 97-25(A) & CDP 97-52(A)), and that the previously adopted MND and subsequent MND adequately describes the activity for the purposes of CEQA; and approval of a Site Development Plan Extension (SDP 97-25(A)x2) and Coastal Development Permit Extension (CDP 97-52(A)x2) to allow for the construction of a 50,000 square foot, two-story office building, within Local Facilities Management Zone 5. This is to advise that the City of Carlsbad has approved the abo;ve described project on March 4, 2009, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. A Mitigated Negative Declaration and Subsequent Mitigated Declaration was prepared for this project 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 previously adopted for this project. 5. A statement of Overriding Considerations was previously adopted for this project. 6. Findings were made pursuant to the provisions of CEQ A. This is to certify that the final Mitigated Negative Declaration (SDP 97-25 & CDP 97-52) and Subsequent Mitigated Negative Declaration (SDP 97-25(A) & CDP 97-52(A)) with comments and responses and record of project approval is available to the General Public at THE CITY OF C SBAD. '! .EI) IN THE OFFICE OF THE COUNTY CLERK 'an Di .(!') ~ount on APR 1 6 ZOCJ L/- DON NEU, Planning Director ~L-Removed Date Date received for filing at OPR: · ·eturned 1 ~genril',;n Jeputy -~esian Revised December 2004 ' STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT 93707 DFG 753.5a (6-91) '\_ ead~ency: c.i r._. Co.s-\:=,\:i)\,(\ Date: b' \?....·co CountY.) tate Agency of Filing: _o ___ c::::::. __ u..::· ~----------"''-'~'\:....~~'-· ---Document No.: oco~ i I Project Title: \Le \\.\ ls 0 Dt' \)'f) \'C:\._"Th Q..\--'( Project Applicant Name:------------------------Phone Number: _____ _ Project Applicant Address:------------------------------------ Project Applicant (check appropriate box): Local Public Agency D State Agency D School District D Other Special District D Private Entity D CHECK APPLICABLE FEES: ( ) Environmental Impact Report ( ) Negative Declaration ( ) Application Fee Water Diversion (State Water Resources Control Board Only) ( ) Projects Subject to Certified Regulatory Programs ( ) County Administrative Fee ( ...)-" Project that is exempt from fees $850.00 $ $1,250.00 $ $850.00 $ $850.00 $ $25.00 $ ¥-, ~ ('~ECEIVED Signature and title of person receiving payment : __ ---JV~ \~~ 1 =-"}.:>:\~-"'l..>=-'-=~:',_~~-'~~~-'>~~\J~i\--------------- $_...!>..0....:;_. · ___ _ FIRST COPY-PROJECT APPLICANT SECOND COPY-OFG/FASB THIRD COPY-LEAD AGENCY FOURTH COPY-COUNTY /STATE AGENCY OF FlUNG I To: D Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812 County Clerk County of San Diego Mailstop 833, Attn: MITA PO Box 121750 San Diego, CA 92112-1750 ~·. 0 0 03 11 CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 (760) 602-46p n IL ~ ~r» Gwgory J. Smith, Recorder/County Clerk JUN 12 2000 tll' SV DEPUTY Project No: SDP 97-25(A)/CDP 97-52(A) Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Kelly Corporate Center Project Title NIA City of Carlsbad, Don Neu (760) 602-4612 State Clearinghouse No. Lead Agency, Contact Person Telephone Number South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to A viara Parkway on the east in the City of Carlsbad, County of San Diego Project Locations (include County) Project Description: Approval of a Subsequent Mitigated Negative Declaration to delete a traffic mitigation mesure from the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SDP 97-25 and CDP 97-52 This is to advise that the City of Carlsbad has approved the above described project on June 7, 2000, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the envi~onment. 2. A Negative Declaration was prepared for tllis project pursuant to the provisions of CEQ A. 3. Mitigation measures were made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings were made pursuant to the provisions ofCEQA. This is to certify that the final Subsequent Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. MICHAEL J. HOLZ ILLE , Plannmg Director Date Date received for filing at OPR: Revised October 1989 e City e of Carlsbad •ue•;•;••·'·'•'4~i'l''·'4''' SUBSEQUENT MITIGATED NEGATIVE DECLARATION Project Address/Location: · South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to Aviara Parkway on the east. Project Description: Deletion of a traffic mitigation measure requiring the construction of Cannon Road Reach 2 to be underway to the satisfaction of the City Engineer prior to the issuance of a building permit for the approved Kelly Corporate Center which consists of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. 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, 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 Subsequent Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Subsequent Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 602-4612. DATED: CASE NO: CASE NAME: PUBLISH DATE: MAY 1, 2000 SDP 97-25/CDP 97-52 KELLY CORPORATE CENTER-DELETION OF A TRAFFIC MITIGATION MEASURE MAY 1,2000 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ J DN:cs CALIFORNIA DEPARTMENT OF FISH AND GAME PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATION OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (Include County): Kelly Corporate Center (SDP 97-25(A)/CDP 97-52(A)/South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to A viara Parkway on the east in the City of Carlsbad, County of San Diego. Name and Address of Applicant: Kevin A. Noell Kelly Ranch Corporate Center I, LLC Ste 300 2141 Palomar Airport Road Carlsbad, CA 92008 Project Description: Approval of a Subsequent Mitigated Negative Declaration to delete a traffic mitigation measure from the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SDP 97-25 and CDP 97-52. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the complete Environmental Initial Study, the City of Carlsbad Planning Department finds that the proposed project will not encroach upon wildlife habitat area, will have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into the proposed project which would affect fish or wildlife. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 ofthe Fish and Game Code. Section 711.4, Fish and Game Code DFG: 1/91 MIC~~ Planning Director Lead Agency: CITY OF CARLSBAD Date: -~w4/_15~/c....=:o~o:..__ ___ _ I I e David L. Butler COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ···~----------·----.. ·----.--· ----------·---·-·---------~--- ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 Tel. (619) 236-3771 *Fax (619) 557-4056 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 *Fax (619)557-4155 Transaction#: 200841220090416 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 16-Apr-2009 11 :26 FEES: 50.00 Qty of 1 Fee Notice of Exemption for Ref# NOD: 090099, RCT: 000343 ------ 50.00 TOTAL DUE ---·-----------~---- PAYMENTS: 50.00 Check 50.00 TENDERED We are taking appointments to obtain a marriage license. Call today to schedule your appointment. For our Downtown office: (619)237-0502. San Marcos & Chula Vista office: (858)505-6197. Kearny Mesa office Saturdays only (858)505-6197. 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 BRANCH OFFICES AVAILABLE TO SERVE YOU Monday through Friday 8:00a.m.-5:00p.m. CHULA VISTA 590 Third A venue Chula Vista, CA 91910-2646 (619) 498-2277 Saturdays at the Kearny Mesa Office 9:00a.m.-3:00p.m. ELCAJON 200 South Magnolia Avenue El Cajon, CA 92020-3316 (619) 401-5750 KEARNY MESA 9225 Clairemont Mesa Blvd. San Diego, CA 92123-1211 (858) 505-6226 SAN MARCOS 141 East Carmel Street San Marcos, CA 92078-4309 (760) 940-6858 ' STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (6-91) '\ ead~ency: C,\ L. C.o..s\s-.,\:~ Date: b • \£__· C0 CountY.' tate Agency of Filing:o c::::::. D -\'!_\ Document No.: oc:o~ t I ----------~~------------------------------ ProjectTitle: \i_.e\L~ Q.ns--~Q~C)._\9._ ~ \; Project Applicant Name: ----------------------------------------------Phone Number: __________ __,.1111~- Project Applicant Address: ---------------------------------------------------------------------• Project Applicant (check appropriate box): Local Public Agency 0 State Agency 0 School District 0 Other Special District 0 Private Entity 0 CHECK APPLICABLE FEES: ( ) Environmental Impact Report $850.00 $ ( ) Negative Declaration $1,250.00 $ ( ) Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ( ) Projects Subject to Certified Regulatory Programs $850.00 $ ( ) County Administrative Fee $25.00 $ ( ..f"' Project that is exempt from fees ~~~~ECEIVED Signature and title of person receiving payment : ____ __]~b'.:;J....,~=-'~!Uo.~.o..~~-.A.J>LJ.~-------------------- $ _ _..,Q1_,__· ---- FIRST COPY-PROJECT APPLICANT SECOND COPY·DFG(FASB THIRD COPY-LEAD AGENCY FOURTH COPY-COUNTY /STATE AGENCY OF FILING ... . .. • 0 0 03 11 • N ot;ce of Determination ·-. .. 00 18 1[1~. /. ;; .. ..:,_ To: D /<. ' II: . Office ofPlanning and Reseafdh 1'\l'tFrom: ' . ' "'\. (.\)\)\} P.O. Box 3044 ('· \SU pt-,~Wtt~i Sacramento, CA 95812 \~ "-"~~~~~:o\ \~~~ Catlsbad County Clerk County of San Diego Mailstop 833, Attn: MITA PO Box 121750 San Diego, CA 92112-1750 \,' ~ r ',: ,,.. ,. CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 (760) 602-46p D 1b ~ 10) Gregory J. Smtth, Recorder/County CliNk JUN 12 2000 BV-~UI\~.;;_-'"I!;iDE!IPUTYi?fV Project No: SDP 97-25(A)/CDP 97-52(A) Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Kelly Corporate Center Project Title N/A City of Carlsbad, Don Neu (760) 602-4612 State Clearinghouse No. Lead Agency, Contact Person Telephone Number South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to A viara Parkway on the east in the City of Carlsbad, County of San Diego Project Locations (include County) Project Description: Approval of a Subsequent Mitigated Negative Declaration to delete a traffic mitigation mesure from the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SDP 97-25 and CDP 97-52 This is to advise that the City of Carlsbad has approved the above described project on June 7, 2000, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment. 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQ A. 3. Mitigation measures were made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings were made pursuant to the provisions ofCEQA. This is to certify that the final Subsequent Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. MIC~ector tP/ ,~Joo r . Date Date received for filing at OPR: Revised October 1989 , ' . r---·--------------------------------~ I FILED lN THE OFFICE OF THE COUNTY CLERK j SAN DIEGO COUNTY ON JUN 1 2 2000 I' PO.STED JUN 1 t 2900 REMOVED JUL 1 2 2000 RETURNED TO AGENCY ON JUL 1 2 zBBB DEPUTY ~ ) • • • e Cit of SUBSEQUENT MITIGATED NEGATIVE DECLARATION Project Address/Location: South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to A viara Parkway on the east. Project Description: Deletion of a traffic mitigation measure requiring the construction of Cannon Road Reach 2 to be underway to the satisfaction of the City Engineer prior to the issuance of a building permit for the approved Kelly Corporate Center which consists of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. 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, 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 Subsequent Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Subsequent Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 602-4612. DATED: CASE NO: CASE NAME: MAY 1,2000 SDP 97-25/CDP 97-52 KELLY CORPORATE CENTER-DELETION OF A TRAFFIC MITIGATION MEASURE PUBLISH DATE: MAY 1, 2000 MICHAELiHZLER Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 (i} DN:cs • CALIFORNIA DEPARTMENT OF FISH AND GAME PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATION OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (Include County): Kelly Corporate Center (SDP 97-25(A)/CDP 97-52(A)/South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to A viara Parkway on the east in the City of Carlsbad, County of San Diego. N arne and Address of Applicant: Kevin A. Noell Kelly Ranch Corporate Center I, LLC Ste 300 2141 Palomar Airport Road Carlsbad, CA 92008 Project Description: Approval of a Subsequent Mitigated Negative Declaration to delete a traffic mitigation measure from the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SDP 97-25 and CDP 97-52. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the complete Environmental Initial Study, the City of Carlsbad Planning Department finds that the proposed project will not encroach upon wildlife habitat area, will have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into the proposed project which would affect fish or wildlife. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Section 711.4, Fish and Game Code DFG: 1/91 MIC~ Planning Director Lead Agency: CITY OF CARLSBAD Date: -~&4/____;'7~/--=:o--""o'---------- 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 limes- 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: February 20~,2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California Jane Allshouse NORTH COUNTY TIMES Legal Advertising This space is for t.ounty Clerk's Filing Stamp Proof of Publication of I/ .... "'' "\,, ..:~ ! ' SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 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 Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 Is delivery address different from Item 1 ? If YES, enter delivery address below: 3. Service Type ~ertlfled Mall 0 Registered 0 Insured Mail 0 Express Mall ~eturn Receipt for Merchandls oc.o.o. 4. Restricted Delivery? (Extra Fee) 7005 1820 0003 5372 5565 2. Article Number (Transfer from setV/ce labeQ i I m tlq Return Receipt I I ILil 1...0 l::ri IT1 CJ CJ CJ :; l(l9 (c ~ul }·J .:.:ue R~:-")~um 1-1-~:;-_;lrt =(:!e (Endocsement FL>qu1:ed) ·--·· . -· ·-----1 ----·-·-· ------~ CJ -------------1 ru Restncted U•olicerJ "ae tO (Endorsemem Rcq•Jiced) Postmark Here 3-13·CR .-=1 Total Posta~e s, FAA~ <+: C..DP'11-5;)V\:)x .~~l)e.dsio"''h\bFA U'l g sent To California Coastal Commission ~""'--siriieCAjiCr\ia:: Suite 103 orPOBoxNo. 7575 M t r D . cit}r;siaie::z,f3.;:: e ropo 1tan nve ,_ __ San Diego, CA 92108-4402 ( ' City e FILE COPY 3·13·09 of Carlsbad IQ611J,JI,t.i•i§·iiill,t§iil NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON: March 12. 2009 Application#: CDP 97-52(A)x2 Case Name: KELLY CORPORATE CENTER Applicant: Kelly Corporate Center II. LLC Address: Phone: 11943 El Camino ReaL Suite 200 San Diego. CA 92130 (858) 764-6800 Filing Date: :....;A=u..,_gu=s=t-=2=2,_. =20=0=8=--------- Decision Date: :..:cM.:..::a:..:..;rC:..:.h.:....1_,_.,2=-=2:.::0c.:0.:.9 _______ _ Agent (if different): Smith Consulting Address: 1220 El Camino ReaL Suite 200 San Diego. CA 92130 Phone: (858) 793-4777 Project Description: A retroactive four-year Coastal Development Permit Extension to allow for the construction of a 50.000 square foot. two-story multi-tenant office building on a 25.28 acre site. Project Location: South of Palomar Airport Road between Hidden Valley Road and Aviara Parkway ACTION: 0 APPROVED r8J APPROVED WITH CONDITIONS 0 DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: ~ NOT APPEALABLE TO THE COASTAL COMMISSION. 0 APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: -Location Map to CCC for non-appealable COPs -Staff Report to CCC for appealable COPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (7~0) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ t . ,r; ·""" ,.,, d1lt (. ' ·: ~ ' -~ , , ~ "J..n i ... <· 1', • ·~·. , .. SITE MAP • N ' NOT TO SCALE KELLY CORPORATE CENTER EXTENSION COP 97 -52(A)x2 ---. \ . ( DATE: e • Fl~.~y City of Carlsbad •:arnnntn.M•X4·t•a•;.cgnw ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT NOTICE OF PENDING DECISION February 18, 2009 APPLICATION NUMBER: CDP 97 -52(A)x2 PROJECT DESCRIPTION: A request for a retroactive four-year time extension of CDP 97- 52(A)x1 (from October 6, 2008 to October 5, 2012). LOCATION: the south side of Palomar Airport Road between Hidden Valley Road and Aviara Parkway. APN 212-040-69-00 The proposed development is located within the Coastal Zone. No formal public hearing is required for this application, and a public hearing will only be held upon written request, within 15 working days from the date of this notice. Failure to request a hearing may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The Planning Director will determine this application 15 working days after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the Planning Director, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Shelley Esteybar, at the City of Carlsbad Planning Department, (760) 602-4625, Monday through Thursday-7:30a.m.-5:30p.m., or 8:00a.m.-5:00p.m. Friday. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) NOTI.F PUBLIC HEARING COUNTY.ERK Mail to: County Clerk, County of San Diego, Mailstop 833, PO Box 121750, San Diego, C 2112 Response must be res;eived by: ·-"-"'""-1-='-="-"-"- Public Hearing Date: June 7 2000 /. Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CALIFORNIA 92008 Public Hearing Time: _6"":"'0-"'0~.m~. ________________________ ___;__11""1'1,........~.,....,.~~~~ Project Title: Kell Co orate Center-Deletion of a Traffic Miti ation Measure Lead Agency: CITY OF CARLSBAD-PLANNING Contact Person: _ _j!lQJ~~--~~~~!!!!i!..--~--- Street Address: 1635 FARADAY AVENUE Phone: "-'(7"""6~0)1-6"-'0=2'----4,_,6=1=2 ________________ _ City: CARLSBAD Zip: 92008 County: SAN DIEGO COUNTY PROJECT LOCATION: County: SAN DIEGO COUNTY City/Nearest Community: ~C""IT'--'Y~O"'-F__,C"'-ARL~""S""'B'-!..cA"'=D::.__ _____________ _ Cross Streets: Palomar Ah:port Road/Hidden Valley Road Total Acres: ----=2'-"'5.,..2'-"8'------------- Assessor's Parcel No. 212-040-35,48,54, &55 Section: __ Twp. __ Range:_ Base:--------- Within 2 Miles: State Hwy #: Waterways: Pacific Ocean, Agua Hedionda Lagoon. Batiquitos Lagoon Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Pacific Rim Elementarv ENVIRONMENTAL DOCUMENT: CEQA: 0 NOP D Supplement/Subsequent 0 Early Cons D EIR (Prior SCH No.)-------------0 Neg Dec iZj Other: Subsequent Mitigated Negative Deciaration 0 DraftEIR LOCAL ACTION TYPE: 0General Plan Update D 0General Plan Amendment D 0General Plan Element D Ozone Code Amendment D DEVELOPMENT TYPE: 0Residential: Units Specific Plan Master Plan Planned Unit Development Site Plan [81office: Sq. Ft. -=25..,0""0=9"'-3 _____ _ Ocommercial: Sq. Ft.---------- 0Industrial: Sq. Ft.---------- 0Recreational: PROJECT ISSUES DISCUSSED IN DOCUMENT: 0AestheticNisual D Flood Plain/Flooding 0Agricultural Land D Forest Land/Fire Hazard 0Air Quality D Geological/Seismic 0Archaeological/Historical D Minerals Oco::stal Zone D Noise 0Drainage/ Absorption D Population/Housing Balance 0Economic/Jobs D Public Services/Facilities 0Fiscal D Recreation/Parks Present Land Use/Zoning/General Plan Use D Rezone D UsePermit D Land Division (Subdivision, Parcel Map, Tract Map, etc.) Acres _____ _ Acres 25.28 Acres _____ _ Acres------ D Schools/Universities D Septic Systems D Sewer Capacity D Soil Erosion/Compaction/Grading n Solid Waste ..._, D Toxic/Hazardous ~ Traffic/Circulation D Vegetation D Annexation D Redevelopment D Coastal Permit ~ Other: Deletion of a traffic mitigation measure D Water Quality D Water Supply/Ground Water D Wetland/Riparian D Wildlife D Growth Tnrlncing D Land Use D Cumulative Effect D Other: Vacant!P-M-Q (Planned Industrial, Qualified Development Overlay Zone)/ PI (Planned Industrial) Project Description: On September 1, 1999 the Planning Commission approved a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Site Development Plan and Coastal Development Permit to allow the construction of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. The approval included a mitigation measure requiring that "prior to the issuance of a building permit, construction of Cannon Road Reach 2 shall be underway to the satisfaction of the City Engineer." This proposal is ~o delete this mitigation measure based on the results of an updated transportation analysis. Where documents are located for Public Review: Community Development Center, 1635 Faraday Avenue, Carlsbad, CA 92008 February 2000 f' e City • FILE COPY of Carlsbad lijFJ,JIJI,J.i•J§.fllllel§eJI NOTICE OF PUBLIC HEARING COMPLETE DATE: November 10, 1998 DESCRIPTION: Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Site Development Plan and Coastal Development Permit to construct four two-story multi-tenant office buildings with a total area of 250,093 square feet, with at-grade parking, on a 25.28 acre site. LOCATION: This project is within the City of Carlsbad's Coastal Zone located on the south side of Palomar Airport Road extending from an area west ofHidden Valley Road on the west to Aviara Parkway on the east, in the Coastal Zone and Local Facilities Management Zone 5. ASSESSOR'S PARCEL NUMBER: 212-040-35 APPLICANT: Kelly Corporate Center 4365 Executive Drive, Ste. 850 San Diego, CA 92121 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on June 7, 2000 at 6:00 p.m. Persons 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. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies ofthe staff report will be available on or after June 1, 2000. If you have any questions, or would like to be notified of the decision, please contact Don Neu at the City of Carlsbad Planning Department, Monday through Thursday 7:30a.m. to 5:30p.m., Friday 8:00 a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602- 4612. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 (!) • KELLY CORPORATE CENTER SOP 97 -25(A)/CDP 97 -52(A) ' I ' . NAY-04-2000 THU 09:23 AM~ITY OF CARLSBAD FAX NO. • 602 8559 P. 03 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 ~~----. ---- - ----~,.... APPLICANT Of\ ~LICANT'S REPRESENTATIV~ BY:-~U.:id: DATE:.y-. .?)' /;tJrf!ovO I I RECEIVED BY DATE: __________________ _ e City e of Carlsbad lijfhhh'·'·'•*4·i''"'''"' SUBSEQUENT MITIGATED NEGATIVE DECLARATION Project Address/Location: South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to Aviara Parkway on the east. Project Description: Deletion of a traffic mitigation measure requiring the construction of Cannon Road Reach 2 to be underway to the satisfaction of the City Engineer prior to the issuance of a building permit for the approved Kelly Corporate Center which consists of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. 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, 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 Subsequent Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Subsequent Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 602-4612. DATED: CASE NO: CASE NAME: PUBLISH DATE: MAY 1, 2000 SDP 97-25/CDP 97-52 KELLY CORPORATE CENTER-DELETION OF A TRAFFIC MITIGATION MEASURE MAY 1,2000 Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 (!) • SUBSEQUENT MITGATED NEGATIVE DECLARATION PURSUANT TO SECTION 15162 OF THE CEQA GUIDELINES (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO: SDP 97-25/CDP 97-52 DATE: April17. 2000 1. CASE NAME: Kelly Corporate Center-Deletion of a Traffic Mitigation Measure 2. APPLICANT: Kelly Ranch Corporate Center I, LLC 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2141 Palomar Airport Road. Suite 300, Carlsbad. CA 92008; (760) 929-2900 4. DATE EIA FORM PART I SUBMITTED: ::..::Ja=n=ua=rv---=25"--'-'-=2-=00"""0'------------ 5. PROJECT DESCRIPTION: On September 1, 1999 the Planning Commission approved a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Site Development Plan and Coastal Development Permit to allow the construction of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. Individual building areas are 72,593 square feet, 50,000 square feet, 50,000 square feet, and 77,500 square feet. A total of 1,006 at grade parking spaces will be provided. The total site area is 25.28 acres. The project site is located on the south side of Palomar Airport Road and extends from an area west of Hidden Valley Road on the west to Aviara Parkway on the east. The approval included a mitigation measure requiring that "prior to the issuance of a building permit, construction of Cannon Road Reach 2 shall be underway to the satisfaction of the City Engineer." This proposal is a request to delete this mitigation measure based on the results of an updated transportation analysis. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. D Land Use and Planning [8J Transportation/Circulation D Public Services D Population and Housing D Biological Resources D Utilities & Service Systems D Geological Problems D Energy & Mineral Resources D Aesthetics Owater 0Hazards D Cultural Resources D Air Quality 0Noise D Recreation D Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 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. A Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. [gl Substantial changes occurred with respect to the circumstances under which the project is undertaken which no longer require one of the adopted transportation/circulation mitigation measures to be implemented. Planner Signature Date Date 2 Rev. 03/28/96 e ENVIRONMENTAL IMP ACTS STATE CEQA GUIDELINES, Chapter 3, Article 11, Section 15162 requires that when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines on the basis of substantial evidence in the light of the whole record, that one or more of several situations has occurred. For this project a revised circulation analysis has been completed for the project based on recent traffic count information. The analysis includes additional projects proposed in the area. The environmental mitigation monitoring checklist approved for the project is attached. All the mitigation measures listed on the checklist still apply and have been included for information purposes only. Analysis A report titled, "Transportation Analysis for Kelly Corporate Center Prepared for The Kilroy Realty Corporation -March 31, 2000" by Urban Systems Associates has been reviewed and accepted by the Engineering Department. The report analyzes the potential impacts of the Kelly Corporate Center Project on the circulation system. Although observation of the traffic flow on Palomar Airport Road would appear to be negatively impacted, by methods generally accepted statewide, the measurements of the capacity on the roadway are either acceptable or, with construction of additional capacity guaranteed, will be acceptable. For Interstate 5 and Palomar Airport Road, the City Council has previously adopted overriding considerations for the impact to those intersections. I-5 and Palomar Airport Road are regional roadways and those particular intersections are controlled by Caltrans and not the City. The intersection of Paseo Del Norte (PDN) and Palomar Airport Road, although appearing to not have capacity, does have sufficient capacity. The reason for the apparent failure is the impact of the traffic backing up at the I-5 ramps, and ramp intersections, causing a line of vehicles from I-5 through the PDN intersection. The current level of service, which is the measure accepted by the City's Growth Management Plan, for the PDN intersection is "C" in the a.m. peak and "C" in the p.m. peak. The lane capacities for Palomar Airport Road are 2,000 vehicles per hour, per lane. With the three lanes in both the eastbound and westbound direction, the capacity for the through lanes would be 12,000 trips per hour, with left-tum lanes having 1,800 vehicles per hour capacity and with the dual left- tum lanes the turn capacity would then be 3,600. Currently, the a.m. peak volume for through lanes at PDN is 3,550 vehicles/hr and for left-turns is 291 vehicles/hr. In the p.m. peak, the current volume is 3,524 vehicles/hr in the through lanes and 354vehicles/hr for left-turns. With the capacity ofthe through lanes at 12,000 vehicles/hr and the actual volume of traffic at approximately 3,500 vehicles/hr, it is shown that there is capacity at the intersection for the through lanes. Likewise, with a capacity of 3,600 vehicles/hr versus existing peak turns of 350 vehicles/hr, capacity is available for additional traffic. At the College Boulevard and Palomar Airport Road intersection, the situation is even better than at the Paseo Del Norte intersection. The level of service in the a.m. peak is "B", with a p.m. level of service "C". The a.m. peak through volume is 2,300 vehicles/hr, and p.m. peak through volume 2,900 vehicles/hr. Left-tum volumes are 1,100 vehicles/hr and 339 vehicles/hr, respectively. Again, there is sufficient capacity at this intersection. 3 Rev. 03/28/96 The next impacted intersection on Palomar Airport Road is at El Camino Real. Currently, the level of service, as measured for growth management, does not comply with standards. The design and funding for construction, of additional turn lanes to meet the standards, is in place and will be constructed within the year. The level of service at El Camino Real and Palomar Airport Road in the a.m. peak is "F", and "E" in the p.m. peak. The main problem for the unacceptable level of service is in the right-tum movements at that intersection. The construction scheduled for this intersection would install a second right-tum lane for the two most critical movements. This will bring the level of service into acceptable ranges. In summary, from an environmental review standpoint, any additional proposed projects that would add traffic to these intersections, and thereby considered impacting the intersections, would not have a significant impact. A finding of insignificant impacts is appropriate. Attachment 4 Rev. 03/28/96 PROJECT NAME: Kelly Corporate Center FILE NUMBERS: SOP 97-25/CDP 97-52 APPROVAL DATE:. _____________ CONDITIONAL NEG. DEC.:. _____________ _ The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bi113180 (Public Resources Code Section 21081.6). Mitigation Measure . 1) The Palomar Airport Road at Hidden Valley Road and Palomar Airport Road at Aviara Parkway intersections shall be designed with right turn only lanes for the eastbound to southbound right turn. A vehicle storage length of two hundred and fifty feet with transition designed to CAL TRANS specifications is recommended at Aviara Parkway and one hundred and fifty feet with transition at Hidden Valley Road. Fully designed and engineered improvement plans shall be prepared for these conditions for approval by the City Engineer. 2) The Developer shall pay his fair share for the "short- term improvements" to the El Camino Real/Palomar Airport Road intersection prior to the issuance of any building permits. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; and increased or new Zone 5 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Type Project Project Monitoring Shown on Verified Remarks Department Plans Implementation Engineering Yes Engineering Verified Implementation= When mitigation measure has been implemented. this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. m z ~ :;o 0 z 3: m z ~ I 3: ' :::! 0 z 3: 0 z =i 0 ~ z Q 0 :I: m 0 " c • "tJ )> Q m 0 "T1 c.n Mitigation Measure Monitoring Type 3} Mitigation for impacts to southern willow scrub shall be Project mitigated by restoration of this habitat type at a 1 :1 ratio within the southwestern corner of the site as depicted on Figure 4, "Mitigation Location -Kelly Corporate Center'' of the Kelly Corporate Center Riparian Mitigation Plan dated April 21, 1999 prepared by Helix Environmental Planning, Inc. A detailed restoration plan must be developed and approved by the California Department of Fish and Game. The restoration plan must identify a planting plan, including plant palette and seed mixes, and develop success criteria for restoration.. A maintenance and monitoring period, usually five years, will be required to assure that the restoration area meets with identified success criteria and restoration goals. 4} Offsite mitigation for 0.3 acres of riparian woodland shall be Project achieved through the establishment and placement of initial funds into a non-wasting fund approved by the U.S. Fish and Wildlife Service. This fund would allow for various management activities which benefit wetlands and the least Bell's vireo (Vireo bellii pusillus; vireo) within Encinas Creek to take place in perpetuity. The exact amount of this initial funding shall be determined by the USFWS. This amount, along with fund establishment and the identification of the entity charged with fund management, shall be approved by the USFWS prior to occupancy and written confirmation from USFWS shall be provided to the Planning Director. 5) Prior to grading plan approval areas of the site to be preserved Project in their existing condition shall be clearly demarcated on the grading plans to the satisfaction of the Planning Director and City Engineer. A habitat protection fence detail approved by the Planning Director and City Engineer shall be included on the grading plan along with the location for its installation. These ar~as shall be fenced in the field by a qualified biologist who shall also submit to the Planning Director a letter attesting . to the accuracy of the fencing location prior to the issuance of a grading permit. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Planning Planning Shown on Plans Verified Implementation Remarks Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area tor describing status of ongoing mitigation measure, or for other information. RD -Appendix P. m z ~ :;o 0 z s:: m z ~ r s:: 4 -1 0 z s:: 0 z =i 0 :;o z G') 0 J: m 0 " r • "1J )> G') m 1\) 0 "Tl CJ1 Mitigation Measure Monitoring Type 6) To assure that no direct impacts to the least Bell's vireo Project occur during project grading, all grading that creates noise in excess of 60 dB Leq at the western property boundary shall occur outside of the vireo breeding season {March 15 -September 15). Alternatively, grading noise levels shall be reduced to below 60 dB Leq by the construction of noise attenuation devices during the breeding season. Grading that creates noise in excess of 60 dB Leq at the western property boundary during the vireo breeding season would be allowed if it can be shown, based on focused surveys by a qualified biologist, that no least Bell's vireos are using habitat in areas where the 60 dB Leq threshold is exceeded. Alternatively, a noise barrier that reduces grading noise to below 60 dB Leq could also be used to reduce impacts to below a level of significance. A noise monitoring· program indicating the type of equipment to be used to measure noise levels, the monitoring location, responsible personnel and the frequency of monitoring as its relates to the grading schedule shall be submitted for Planning Director and U.S. Fish and Wildlife Service approval prior to the issuance of a grading permit unless the focused surveys indicate that no least Bell's vireos are using habitat that would be impacted by noise levels exceeding 60 dB Leq. If it is determined that indirect impacts cannot be avoided, "take" would need to be authorized as part of a section 7 consultation with the U.S. Army Corps of Engineers. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Oept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Shown on Plans Verified Implementation Remarks Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. m z ~ ;;o 0 z 3: m z )! r- 3: • ~ 0 z 3: 0 z =i 0 ~ z G) 0 :I: m 0 " c tn e ., )> G) m w 0 -n 01 Mitigation Measure Monitoring Tvoe 7) To minimize indirect impacts to Encinas Creek, the Project proposed 50 foot setback shall be revegetated using native upland plant species. This shall be included in the landscape plans for the project which must be approved prior to the approval of a grading pian. Review and approval of the landscape plans for the buffer area by the USFWS is also required prior to grading plan approval. limited encroachment into the 50 foot setback where access to the site is gained from Aviara Parkway is acceptable to allow for appropriate traffic spacing on Aviara Parkway and is shown on the project plan. 8) An exterior lighting plan including parking areas shall be Project submitted for Planning Director and U.S. Fish and Wildlife Service approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The maximum height of all light fixtures shall not exceed 30 feet. 9) Proposed office buildings shall be noise attenuated to an Project interior level of 50 decibels CNEL based on an acoustical study submitted ·along with building plans. Concurrent with the submittal of building plans the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects registration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted and approved by the Planning Director prior to building permit issuance. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Deoartment Planning Planning Planning Shown on Plans Verified Implementation Remarks Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. m z ~ ::0 0 z s:: m z ~ I s:: ' ::! 0 z s:: 0 z -t 0 ~ z (i) 0 ::I: m 0 " c ' "'0 )> (i) m ~ 0 ., c.n Mitigation Measure 1 0) Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 11 ) Prior to the issuance of building permits the Developer shall prepare and record a Notice that this prop~rty is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 12) Prior to the issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Type Project Monitoring Shown on Verified Remarks De~artment Plans Implementation Planning Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. • m z ~ :;o 0 z 3: m z ;! r- 3: • ::! 0 z 3: 0 z =t 0 ~ z Ci) 0 J: m 0 " c C/) e "C > Ci) m U1 0 , U1 • City • of Carlsbad I@ ta"" I·*· I •*4 ·t• a I I ·*4 ·'I SUBSEQUENT MITIGATED NEGATIVE DECLARATION Project Address/Location: South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to Aviara Parkway on the east. Project Description: Deletion of a traffic mitigation measure requiring the construction of Cannon Road Reach 2 to be underway to the satisfaction of the City Engineer prior to the issuance of a building permit for the approved Kelly Corporate Center which consists of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. review of the above described project of the California Environmental Quality Act and City of Carlsbad. As a result of said review, the significant effects on the environment, but (1) by, or agreed to by, the applicant before the are released for public review would avoid the clearly no significant effect on the environment •u'"'·"'"''"' in light of the whole record before the City ., ...... .., .... ,.. effect on the environment. Therefore, a hereby issued for the subject project. Justification Declaration with supportive documents is on file Carlsbad, California 92008. Comments from in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 602-4612. DATED: MAY 1, 2000 CASE NO: SDP 97-25/CDP 97-52 CASE NAME: KELLY CORPORATE CENTER-DELETION OF A TRAFFIC MITIGATION MEASURE PUBLISH DATE: MAY 1, 2000 MICHAEL J. HOLZMILLER Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 (!) ENVIRONMENTAL IMP ACT ASSESSMENT FORM -PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: ________________ _ DATE RECEIVED: -------------------(To be complete by stajj) BACKGROUND 1. CASENAME: Kelly Corporate Center (SDP 97-25/CDP 97-52) 2. APPLICANT: Kelly Ranch Corporate Center I, LLC 3. ADDRESSANDPHONENUMBEROFAPPLICANT: 2141 Palomar Airport Road, Suite 309, Carl~bad, CA 92008 (760) 929-2900 4. PROJECT DESCRIPTION: New Mitigated Negative Declaration to reflect traffic study revisions which will replace Cannon Road Reach II traffic impact mitigation (completion date undetermined) with: 1) the connection of Faraday Avenue to Cannon Road/I-S (currently under construction) and 2) Aviara Parkway south of Palomar Airport Road (currently under construction as of January 15, 2000) SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. 0 Land Use and Planning 0 Transportation/Circulation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems 0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics D Water D Hazards 0 Cultural Resources 0 Air Quality D Noise 0 Recreation 0 Mandatory Findings of Significance Rev. 03/28/96 'ENVIRONMENTAL IM,CTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to. or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 2 Rev. 03/28/96 • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: ( 1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards. and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect. or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. .., .) Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental doeiimenis may-be referredto and attacfzid) I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace ex1stmg housing? ( housing, ) especially affordable III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( h) Expansive soils? ( i) Unique geologic or physical features? ( ) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) 4 Potentially Significant Impact D D D D D D D 0 0 D D 0 0 0 D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D D D D D D D D Less Than Significan t Impact D D D D D D D 0 D 0 0 0 0 0 D 0 D 0 0 No Impact Rev. 03/28/96 Issues (and Supporting lnfonna! Sources): (Supplemental documents may be referred to and attacheti} .... .. . . c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body? ( ) e) Changes in currents, or the course or direction of water movements? ( ) f) Changes in the quantity of ground waters, either through direct additions or withdrawals. or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? ( ) h) Impacts to groundwater quality? ( i) Substantial reduction in the amount of groundwater other.vise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. fann equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ( ) g) RaiL waterborne or air traffic impacts? ( ) 5 Potentially Significant Impact D D D D D D D D D D D D D 0 D 0 D 0 .. tentially Significant Unless Mitigation Incorporated D D D D D 0 D D 0 D D D D D D D D D Less Than Significan t Impact D 0 D D D 0 D 0 0 0 0 0 0 0 0 0 0 0 No Impact Rev. 03/28/96 VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? ( ) b) Locally designated species (e.g. heritage trees)? ( ) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? ( ) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazards? ( ) d) Exposure of people to existing soutces of potential health hazards? ( ) e) Increase fire hazard in areas with flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( b) Exposure of people to severe noise levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect upon. or result in a need for new or altered govemmeut services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( c) Schools? ( 6 Potentially Significant Impact D D D D D D D D D D 0 0 0 0 0 0 0 0 .. tentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 Less Than Significan t Impact 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 No Impact Rev. 03/28/96 ·Issues (and Supporting Infonnln Sources): Potentially .otentially Less Than No (Supplemental documents may._be r_eferr:efi to a~d attached} Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated d) Maintenance of public facilities, including roads? D D D ~ ( ) e) Other governmental services? ( ) D D D ~ XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ( ) D D 0 1&1 b) Communications systems? ( ) D D 0 ~ c) Local or regional water treatment or distribution D D 0 ~ facilities? ( ) d) Sewer or septic tanks? ( 0 D 0 ~ e) Stann water drainage? ( ) 0 D 0 ~ f) Solid waste disposal? ( ) 0 D 0 ~ g) Local or regional water supplies? ( ) 0 D 0 ~ XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? D D D ~ ( ) b) Have a demonstrate negative aesthetic effect? 0 D 0 ~ ( ) c) Create light or glare? ( ) D D D ~ XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) D D D ~ b) Disturb archaeological resources? ( ) 0 0 D ~ c) Affect historical resources? ( 0 D 0 ~ d) Have the potential to cause a physical change which D D D ~ would affect unique ethnic cultural values? ( ) e) Restrict existing religious or sacred uses within the D 0 0 ~ potential impact area? ( XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional 0 0 D parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? D 0 D ( ) 7 Rev. 03/28/96 ~~u;;~;~~foJZ~~:!n~~~Je~:~;J:irUiariqq~~ Potentially .. tentially Less Than No Significant gnificant Significan Impact Impact Unless t Impact XVI. a) b) c) XVII. Mitigation Incorporated MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the 0 0 0 quality of the environment, substantially reduce the habitat of a fish or wildlife species. cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually 0 0 D limited, but cumulatively considerable? ("Cumulatively considerable., means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will 0 0 0 cause the substantial adverse effects on human beings, either directly or indirectly? EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering. program EIR. or other CEQA process. one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(J)(D). In this case a discussion should identify the follow·ing on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available forreview. Amended Mitigated Negative Declaration for SDP 97-25 (attached), on file at the Carlsbad Planning Department b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards. and state whether such effects were addressed by mitigation measures based on the earlier analysis. Sections I-V and VII-XVII were within the scope and adequately analyzed in the Amended c) ~h:Miltit)ncfu~%teP.eFor effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Sections VII. a & b, Section X. b and Section XVI.a of the EIA Part II for the above mentioned ~mended Mitigated Negative Declaration lists effects that are "Less than Significant with Mitigation Incorporated". Please see the Amended Mitigated Negative Declaration (attached) for a description of the mitigation measures 8 Rev. 03/28/96 e DISCUSSION OF ENVIRONMENTAL EVALUATION Please use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated." The City has adopted a "Statement of Overriding Consideration" with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide. reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout. a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin'·, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan. therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR. including this project, therefore. no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections 9 Rev. 03/28/96 ·are projected to fail the cts adopted Growth Management perfotlnce standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approvaL Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic. therefore. the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. LIST OF MITIGATING MEASURES CIF APPLICABLE) Previous traffic mitigation did not anticipate delays which have prevented commencement of Cannon Road Reach II construction. Under the revised traffic study, Cannon Road between Lego Drive and Faraday Avenue is considered completed by Year 2005, and Faraday Avenue from Cannon Road to the current Faraday roadway end is also assumed to be completed, since these roadways are currently under construction. Aviara Parkway between Palomar Airport Road and Poinsettia Lane is also assumed to be completed since this segment is currently under construction ATTACH MITIGATION MONITORING PROGRAM CIF APPLICABLE) Attached 10 Rev. 03/28/96 --. ,._ -· ---------------------------------- PARTIEIA for Traffic Mitigation Revisions KELLY CORPORATE CENTER I. LAND USE PLANNING a-e) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration!EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). II. POPULATION AND HOUSING a-c) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration!EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). III. GEOLOGIC PROBLEMS a -i) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration!EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). IV. WATER a-i) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration!EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). V. AIR QUALITY a-d) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration!EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). VI. TRANSPORTATION/CIRCULATION a) No impact. Per the attached "alternative analysis" (Urban Systems; January 6, 2000), the proposed revisions to the traffic mitigation for the Kelly Corporate Center will not result in increased vehicle trips or traffic congestion. No impacts 1 -.. are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). b) No impact. The proposed revisions to the traffic mitigation for the Kelly Corporate Center will not result in hazards to safety from design features. The circulation system will include standard provisions for transportation systems so that there will be no increased traffic hazards to motor vehicles, bicyclists or pedestrians. c) No impact. The proposed traffic mitigation revisions will provide for adequate emergency access. The circulation system will be reviewed by all pertinent City departments to ensure that there will be no impacts to any emergency response procedures or evacuation plans. d) No impact. Parking for the project will be sufficient. Parking will be provided as required by the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). e) No impact. The project will not result in hazards or barriers for pedestrians or bicyclists. The circulation system will include standard provisions for transportation systems so that there will be no increased traffic hazards to motor vehicles, bicyclists or pedestrians. f) No impact. The proposed project will conform with adopted policies supporting alternative transportation. g) No impact. Although the site is within the McClellan-Palomar Airport influence area, as shown by the previous EIA Part II and Mitigated Negative Declaration (attached) prepared for the Kelly Corporate Center, no impacts to railroad, airport or waterborne traffic are anticipated. The site and proposed traffic mitigation are outside of the railroad influence area, so no impacts to or from the railroad will result. No waterborne traffic occurs in the vicinity. VII. BIOLOGICAL RESOURCES a-e) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). 2 -.. • VIII. ENERGY AND MINERAL RESOURCES a-c) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). XI. HAZARDS a-e) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). X. NOISE a-b) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). XI. PUBLIC SERVICES a-e) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). XII. UTILITIES AND SERVICES SYSTEMS a-g) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). XIII. AESTHETICS a-c) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). XIV. CULTURALRESOURCES a-e) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). 3 -.. RECREATION a-b) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). XVI. MANDATORY FINDINGS OF SIGNIFICANCE a-c) No impact. No impacts are anticipated beyond those already addressed in the Amended Mitigated Negative Declaration/EIA Part II for the approved Site Development Plan and Coastal Development Permit (SDP 97-25/CDP 97-52). 4 l September 1, 1999 TO: PLANNING COMMISSION FROM: Planning Department and Engineering Department ERATTA SHEET FOR THE KELLY CORPORATE CENTER PROJECT-SDP 97- 25/CDP 97-52 Planning Department and Engineering Department staff is recommending that the following revisions be made to the proposed Planning Commission Resolutions, the Amended Mitigated Negative Declaration, and the Mitigation Monitoring and Reporting Program as indicated below: 1. Finding Number 4 of Planning Commission Resolution Number 4602 shall be revised to read as follows: That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the project includes the addition of an eastbound right turn lane on Palomar Airport Road at its intersection with Hidden Valley Road as well as an eastbound right turn lane on Palomar Airport Road at its intersection with Aviara Parkway. The project is conditioned to participate in funding improvements to the Palomar Airport Road/El Camino Real intersection. 2. The following condition shall be added to Planning Commission Resolution 4602 in the section containing Planning Conditions and the remaining conditions renumbered as necessary: No roof equipment shall be allowed except for vents and make-up air units necessary to comply with requirements of the uniform codes (building, plumbing, electrical, and fire). Skylights are also permitted. Necessary roof vents and make- up air units shall be painted to match the roof surface which shall be gray in color. The gray roof color shall remain for the life of the project. 3. Condition Number 20 of Planning Commission Resolution No. 4602 shall be revised to read as follows: The developer shall submit and obtain Planning Director approval of an uniform sign program for this development prior to occupancy of any building. The developer is aware that the City is preparing an amendment to the sign requirements of the Planned Industrial (P-M) Zone. In approving this project it is the intent of the Planning Commission that the project's uniform sign program be consistent with the sign requirements of the P-M Zone once it is amended. To achieve the desired consistency the sign program shall provide for the following: A. A maximum of one monument sign per building not to exceed an area of 35 square feet. ' • ... B. A maximum of one wall sign per street frontage for each lot. C. The maximum sign area for all signs on a lot shall not exceed 200 square feet. D. An amendment to the uniform sign program can be submitted by the property owner/developer and be approved administratively by the Planning Director provided the proposed amendment causes the uniform sign program to be consistent with the new sign requirements of the P-M Zone as approved by the City Council. 4. Condition number 5 of Planning Commission Resolution Number 4603 shall be revised to read as follows: If a grading permit is required, all grading activities are prohibited from March 15th to September 15th for the least Bell's Vireo breeding season unless written approval of the City Engineer and the responsible wildlife agencies (CDFG/USFWS) is obtained. Grading activities are therefore, allowed during a portion of the "rainy season". All erosion control and revegetation measures must be implemented to the satisfaction of the City Engineer prior to grading. 5. The following text shall be inserted into page 13 of the Environmental Impact Assessment Form Part II dated May 5, 1999 at the end of the "Transportation/Circulation" section: The Urban Systems Associates study titled, "Transportation Analysis for Kelly Corporate Center", dated March 1, 1999 included an assumption that Cannon Road would be constructed from its current western terminus to El Camino Real (Reaches 1 & 2). Due to recent events it has been determined that Reach 2 of Cannon Road may not be complete prior to the project opening. Therefore, to provide adequate mitigation in the event Reach 2 of Cannon Road is not complete prior to the project opening the Engineering Department is proposing the addition of the following traffic mitigation measure: 3) "Prior to issuance of a building permit, construction of Cannon Road Reach 2 shall be underway to the satisfaction of the City Engineer." The proposed mitigation measure is not a new item in that the traffic study assumed the improvement would be in place. It primarily addresses the issue of timing between the opening of the project and the completion of Cannon Road. The availability of Cannon Road will permit persons working in the business parks north of Palomar Airport Road to utilize that new roadway thereby freeing up capacity on Palomar Airport Road which would be available for vehicle trips generated by the Kelly Corporate Center Project. 6. The following condition shall be added to the Mitigation Monitoring and Reporting Program: ( \ • "Prior to issuance of a building permit, construction of Cannon Road Reach 2 shall be underway to the satisfaction of the City Engineer." 7. Planning Commission Resolution Number 4601 shall be revised as follows: A. The following should be inserted at line 22: WHEREAS, the Transportation Analysis for the project included an assumption that Cannon Road Reaches 1 and 2 would be constructed prior to the opening of the project and it has become apparent recently that Reach 2 may not be complete as previously assumed in the study, additional background information and a condition of approval has been added to the Environmental Impacts Assessment Form-Part II and the Mitigation Monitoring and Reporting Program to address this timing issue. e e City of Carlsbad IQFI,IIII.t.i•A§.fiill•l§lll AMENDED MITIGATED NEGATIVE DECLARATION Project Address/Location: South side of Palomar Airport Road extending from an area west ofHidden Valley Road on the west to Aviara Parkway on the east Project Description: A Site Development Development Plan and Coastal Development Permit to construct four two-story multi-tenant office buildings with a total area of 250,093 square feet. Individual building areas are 72,593 square feet, 50,000 square feet, 50,000 square feet, and 77,500 square feet. A total of 1,006 at grade parking spaces will be provided. The total site area is 25.28 acres. 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, 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 is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 438-1161, extension 4446. DATED: AUGUST 6, 1999 CASE NO: SDP 97-25/CDP 97-52 CASE NAME: KELLY CORPORATE CENTER PUBLISH DATE: AUGUST 6, 1999 Planning Director 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ('i) ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO: SDP 97-25/CDP 97-52 DATE: May 5, 1999 1. CASENAME: ~K~e~lly~C~o~ro~o~r~at~e~C~e~n~te~r---------------------------------------- 2. APPLICANT: Kelly Ranch Corporate Center I, LLC 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4365 Executive Drive, Suite 850. San Diego. CA 92121 4. DATE EIA FORM PART I SUBMITTED: ""N=ov..:..:e=m=b=er'-'1..._.7~19:....:;9..:._7 _________ __ 5. PROJECT DESCRIPTION: A Site Development Plan and Coastal Development Permit to construct four two-story multi-tenant office buildings with a total building area of 250.093 square feet. Individual building areas are 72.593 square feet. 50.000 square feet. 50.000 square feet, and 77.500 square feet. A total of 1.006 at grade parking spaces will be provided. The total site area is 25.28 acres. The project site is located on the south side of Palomar Airport Road and extends from an area west of Hidden Valley Road on the west to A viara Parkway on the east. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. D Land Use and Planning [8:1 Transportation/Circulation D Public Services D Population and Housing [8:1 Biological Resources D Utilities & Service Systems D Geological Problems D Energy & Mineral Resources D Aesthetics Owater 0Hazards [8J Cultural Resources [8:1 Air Quality [8JNoise D Recreation D Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ~ I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 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. A Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01 ), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. 7-Z7-9Cf Planner Signature Date PI~ Date 2 Rev. 03/28/96 e ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; ( 4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (#1:Pgs 5.6-1-5.6-18) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#1:Pgs 5.6-1-5.6-18) c) Be incompatible with existing land use in the vicinity? (#1:Pgs 5.6-1-5.6-18) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#1:Pgs 5.6-1-5.6-18) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#1:Pgs 5.6-1-5.6-18) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#1:Pgs 5.5-1-5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#1:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housing? (#1:Pgs 5.5-1-5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#1:Pgs 5.1-1-5.1-15; #7) b) Seismic ground shaking? ((#1:Pgs 5.1-1-5.1-15; #7) c) Seismic ground failure, including liquefaction? ((#1:Pgs 5.1-1-5".1.15; #7) d) Seiche, tsunami, or volcanic hazard? ( # 1 :Pgs 5.1-1 - 5.1-15;#2: Pgs III-112-III-118; #7) e) Landslides or mudflows? (#1:Pgs 5.1-1-5.1-15; #7 f) Erosion, changes m topography or unstable soil conditions from excavation, grading, or fill? (#1 :Pgs 5.1-1-5.1-15; #7) g) Subsidence ofthe land? (#1:Pgs 5.1-1-5.1-15; #7) h) Expansive soils? (#1:Pgs 5.1-1-5.1-15; #7) i) Unique geologic or physical features? (#1:Pgs 5.1-1 - 5.1-15; #7) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#1:Pgs 5.2-1-5.2- 11; #8; #9) b) Exposure of people or property to water related hazards such as flooding? ((#1 :Pgs 5.2-1 -5. 2-11; #8; #9) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ((#1:Pgs 5.2-1-5. 2-11; #8; #9) 5 Potentially Significant Impact D D D D D D D D D D D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D D D D D D D D D Less Than No Significant Impact Impact D D D D D D D D D D D D D D D D D D D D Rev. 03/28/96 Issues (and Supporting Information Sources). Potentially Significant Impact d) Changes in the amount of surface water in any water D body? ((#1:Pgs 5.2-1-5. 2-11; #8; #9) e) Changes in currents, or the course or direction of water D movements? ((#1:Pgs 5.2-1-5.2-11; #8; #9) f) Changes in the quantity of ground waters, either D through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ((#1:Pgs 5.2-1-5.2-11; #8; #9) g) Altered direction or rate of flow of groundwater? D ((#l:Pgs 5.2-1-5. 2-11; #8; #9) h) Impacts to groundwater quality? ((#l:Pgs 5.2-1 -5. 2-D 11; #8; #9) i) Substantial reduction in the amount of groundwater D otherwise available for public water supplies? ((#1 :Pgs 5.2-1-5.2-11; #8; #9) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#1 :Pgs 5.3- 1 -5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 -5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? ((#l:Pgs 5.3-1-5.3-12) d) Create objectionable odors? ((#1:Pgs 5.3-1-5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#1 :Pgs 5.7-1 -5.7.22; #5; #6) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1-5.7.22; #5) c) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-1-5.7.22; #5) d) Insufficient parking capacity on-site or off-site? (#1:Pgs 5.7-1-5.7.22; #2: Pgs III-58-III-69) e) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-1-5.7.22; #5) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-1-5.7.22; #5) g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 - 5.7.22; #5) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants,. fish, insects, animals, and birds? (#l:Pgs 5.4-1-5.4-24; #2; #3) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-1-5.4-24; #2; #3) 6 D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D D D D D D D Less Than No Significant Impact Impact D D D D D D D D D D D D D D D Rev. 03/28/96 e Issues (and Supporting Information Sources). c) Locally designated natural commumtles (e.g. oak forest, coastal habitat, etc.)? (#1:Pgs 5.4-1-5.4-24; #2; #3) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#1:Pgs 5.4-1-5.4-24; #2: Pgs III-37-III-58; #3) e) Wildlife dispersal or migration corridors? (#1:Pgs 5.4-1 -5.4-24; #2; #3) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#1:Pgs 5.12.1-1-5.12.1-5 & 5.13-1-5.13-9) b) Use non-renewable resources in a wasteful and inefficient manner? (#1:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 -5.13-9) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#1:Pgs 5.12.1-1 -5.12.1-5 & 5.13-1-5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#1:Pgs 5.10.1-1-5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#1:Pgs 5.10.1-1 - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#1:Pgs 5.10.1-1-5.10.1-5) d) Exposure of people to existing sources of potential health hazards? (#1:Pgs 5.10.1-1-5.10.1-5) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#1:Pgs 5.10.1-1-5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#1:Pgs 5.9-1 -5.9- 15) b) Exposure ofpeople to severe noise levels? (#1:Pgs 5.9- 1 -5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#1:Pgs 5.12.5-1-5.12.5-6) b) Police protection? (#1:Pgs 5.12.6-1-5.12.6-4) c) Schools? (#1:Pgs 5.12.7.1-5.12.7-5) d) Maintenance of public facilities, including roads? (#1, pgs 5.12.1-1-5.12.8-7) e) Other governmental services? (#1:Pgs 5.12.1-1 - 5.12.8-7) 7 Potentially Significant Impact D D D D D D D D D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated ~ D D D D D D D D D ~ D D D D D Less Than Significant Impact D D D D D D D D D D D D D D D D D D No Impact D D [gJ Rev. 03/28/96 e Issues (and Supporting Information Sources). XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13-1-5.13-9)' b) Communications systems? (#1; pgs 5.12.1-1-5.12.8-7) c) Local or regional water treatment or distribution facilities? (#1 :Pgs 5.12.2-l -5.12.3-7) d) Sewer or septic tanks? (#l:Pgs 5.12.3-1-5.12.3-7) e) Storm water drainage? (#I :Pg 5.2-8) f) Solid waste disposal? (#l:Pgs 5.12.4-1-5.12.4-3) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1-5.11-5) b) Have a demonstrate negative aesthetic effect? ( # 1 :Pgs 5.11-1-5.11-5) c) Create light or glare? (#l:Pgs 5.11-1-5.11-5) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l:Pgs 5.8-1 -5.8- 10) b) Disturb archaeological resources? (#l:Pgs 5.8-1 -5.8- 10; #4) c) Affect historical resources? (#1 :Pgs 5.8-1 -5.8-10) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ( # 1 :Pgs 5.8-1 -5.8-10) e) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-1-5.8-10) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? ( # 1 :Pgs 5.12.8-1-5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 8 Potentially Significant Impact D D D D D D D D D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D D D D D D Less Than Significant Impact D D D D D D D D D D D D D D D D D D No Impact D Rev. 03/28/96 e Issues (and Supporting Information Sources). b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? 9 e Potentially Potentially Significant Significant Impact Unless D Mitigation Incorporated D D Less Than No Significant Impact Impact D D D Rev. 03/28/96 XVII. EARLIER ANALYSES. Earlier analysis of this proposed multi-tenant office building project has been completed through the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (MEIR 93-01). The MEIR is cited as source #1 in the preceding checklist. This proposal is consistent with the applicable portions of the General Plan and is considered a project that was described in MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 93-01 which are appropriate to the project have been incorporated into this project. The project incorporates additional mitigation measures identified in site specific technical studies prepared to evaluate potential impacts and feasibility of the proposal as it relates to biological resources, archaeological resources, transportation system impacts, geotechnical feasibility, hydrology/drainage and that no additional significant unmitigated impacts beyond those identified by the Program EIR will result from this project. The following environmental evaluation briefly explains the basis for this determination along with identifying the source documents which support the environmental determination. 10 Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The project site is approximately 25.28 acres in size and is located on the south side of Palomar Airport Road and extends from an area west of Hidden Valley Road on the west to A viara Parkway on the east. The project consists of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. Individual building areas are 72,593 square feet, 50,000 square feet, 50,000 square feet, and 77,500 square feet. A total of 1,006 at grade parking spaces will be provided. The project includes detention basins adjacent to Palomar Airport Road. Routine maintenance of the basins will occur to maintain their function. The site has historically been used for agriculture and is bordered or bisected by roadways. Encinas Creek runs through the southern and western areas of the project site. The property contains four vegetation commumttes. These include southern willow scrub, coastal and valley freshwater marsh, eucalyptus woodland, and ruderal vegetation. The areas of the site proposed to be developed are relatively level and range from a low of 66 feet in the northwest comer to 83 feet in the northeast comer. 11 Rev. 03/28/96 .---------~---------------------------------~ --------------- II. ENVIRONMENTAL ANALYSIS B. Environmental Impact Discussion v. a) AIR QUALITY The implementation of projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design ofthe project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all projects within the scope of the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. a) TRANSPORTATION/CIRCULATION The implementation ofprojects that fall within the scope of and are included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation 12 Rev. 03/28/96 strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification ofFinal Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all projects that fall within the scope of the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. A study by Urban Systems Associates titled "Transportation Analysis for Kelly Corporate Center", dated March 1, 1999 has been accepted by the Engineering Department. The study concluded that no significant traffic impacts should result from the project as a multi-tenant office site, and no additional cumulative circulation mitigation measures should be needed beyond those identified in the City of Carlsbad Master EIR and the LFMP Zone 13 Traffic Environmental Review. The study recommends the following which is included on the project plans: 1) The Palomar Airport Road at Hidden Valley Road and Palomar Airport Road at A viara Parkway intersections shall be designed with right turn only lanes for the eastbound to southbound right turn. A vehicle storage length of two hundred and fifty feet with transition designed to CAL TRANS specifications is recommended at A viara Parkway and one hundred and fifty feet with transition at Hidden Valley Road. Fully designed and engineered improvement plans shall be prepared for these conditions for approval by the City Engineer. Since the time traffic count information was obtained for the project's traffic analysis the city received the annual growth management traffic monitoring report. This project could have a potentially significant negative cumulative traffic impact on the Palomar Airport Road!El Camino Real intersection. However, this project has been conditioned to pay its fair share of the "short-term improvements" thereby, guaranteeing implementation of a mitigation measure that reduces the potential impact to a level of insignificance. The following is the required mitigation measure: 2) The Developer shall pay his fair share for the "short-term improvements" to the El Camino Real/Palomar Airport Road intersection prior to the issuance of any building permits. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; and increased or new Zone 5 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. VII. a, c. & d) BIOLOGICAL RESOURCES A report titled, "Kelly Corporate Center Biological Resources Report", dated August 4, 1998 and "Kelly Corporate Center Riparian Mitigation Plan", dated April 21, 1999 both by Helix Environmental Planning, Inc. have been prepared for the project. The determination of the 13 Rev. 03/28/96 biologist in surveying the site is that four vegetation communities are found on the property. These include southern willow scrub, coastal and valley freshwater marsh, eucalyptus woodland, and ruderal vegetation. No species listed as threatened or endangered were observed or are expected to occur on site. Routine maintenance of the detention basins on site adjacent to Palomar Airport Road is permitted to ensure their function. Impacts The project as currently proposed will completely avoid direct impacts to Encinas Creek. A majority of the remainder of the site will be impacted by the project. This will result in direct impacts to southern willow scrub of approximately 0.30 acre of habitat including 0.26 acre along Palomar Airport Road for the recontouring of the slope for the construction of the proposed detention basins and 0.04 acre of impacts to other areas along Encinas Creek. No freshwater marsh vegetation will be impacted. Impacts to the southern willow scrub are considered significant. Mitigation The United States Fish and Wildlife Service recommended that impacts to southern willow scrub be mitigated at a 2:1 ratio. As sufficient area does not exist to accomplish the creation of 0.6 acres of habitat within the project area, the 2:1 ratio will be met through the creation of 0.3 acres of riparian woodland (1: 1 ), with the balance to be achieved through off-site mitigation. Mitigation for impacts to southern willow scrub will be mitigated by restoration of this habitat type on site at a 1:1 ratio (0.30 acre). The mitigation will occur in the southwestern comer of the site adjacent to Encinas Creek. This mitigation site is considered superior to the existing habitat on site being impacted because it will be located at least 400 feet south of Palomar Airport Road and will be graded down to create a natural hydrological regime that will not require a permanent water source. The following are the biological mitigation measures required for the project: 1) Mitigation for impacts to southern willow scrub shall be mitigated by restoration of this habitat type at a 1: 1 ratio within the southwestern comer of the site as depicted on Figure 4, "Mitigation Location-Kelly Corporate Center" of the Kelly Corporate Center Riparian Mitigation Plan dated April 21, 1999 prepared by Helix Environmental Planning, Inc. A detailed restoration plan must be developed and approved by the California Department of Fish and Game. The restoration plan must identify a planting plan, including plant palette and seed mixes, and develop success criteria for restoration. A maintenance and monitoring period, usually five years, will be required to assure that the restoration area meets with identified success criteria and restoration goals. 2) Offsite mitigation for 0.3 acres of riparian woodland shall be achieved through the establishment and placement of initial funds into a non-wasting fund approved by the U.S. Fish and Wildlife Service. This fund would allow for various management activities which benefit wetlands and the least Bell's vireo (Vireo bellii pusillus; vireo) within Encinas Creek to take place in perpetuity. The exact amount of this initial funding shall be determined by the USFWS. This amount, along with fund establishment and the identification of the entity charged with fund management, shall be approved by the USFWS prior to occupancy and written confirmation from USFWS shall be provided to the Planning Director. 3) Prior to grading plan approval areas of the site to be preserved in their existing condition shall be clearly demarcated on the grading plans to the satisfaction of the Planning 14 Rev. 03/28/96 e e Director and City Engineer. A habitat protection fence detail approved by the Planning Director and City Engineer shall be included on the grading plan along with the location for its installation. These areas shall be fenced in the field by a qualified biologist who shall also submit to the Planning Director a letter attesting to the accuracy of the fencing location prior to the issuance of a grading permit. 4) To assure that no direct impacts to the least Bell's vireo occur during project grading, all grading that creates noise in excess of 60 dB Leq at the western property boundary shall occur outside of the vireo breeding season (March 15 -September 15). Alternatively, grading noise levels shall be reduced to below 60 dB Leq by the construction of noise attenuation devices during the breeding season. Grading that creates noise in excess of 60 dB Leq at the western property boundary during the vireo breeding season would be allowed if it can be shown, based on focused surveys by a qualified biologist, that no least Bell's vireos are using habitat in areas where the 60 dB Leq threshold is exceeded. Alternatively, a noise barrier that reduces grading noise to below 60 dB Leq could also be used to reduce impacts to below a level of significance. A noise monitoring program indicating the type of equipment to be used to measure noise levels, the monitoring location, responsible personnel and the frequency of monitoring as its relates to the grading schedule shall be submitted for Planning Director and U.S. Fish and Wildlife Service approval prior to the issuance of a grading permit unless the focused surveys indicate that no least Bell's vireos are using habitat that would be impacted by noise levels exceeding 60 dB Leq. If it is determined that indirect impacts cannot be avoided, "take" would need to be authorized as part of a section 7 consultation with the U.S. Army Corps of Engineers. 5) To minimize indirect impacts to Encinas Creek, the proposed 50 foot setback shall be revegetated using native upland plant species. This shall be included in the landscape plans for the project which must be approved prior to the approval of a grading plan. Review and approval of the landscape plans for the buffer area by the USFWS is also required prior to grading plan approval. Limited encroachment into the 50 foot setback where access to the site is gained from A viara Parkway is acceptable to allow for appropriate traffic spacing on Aviara Parkway and is shown on the project plans. 6) An exterior lighting plan including parking areas shall be submitted for Planning Director and U.S. Fish and Wildlife Service approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The maximum height of all light fixtures shall not exceed 30 feet. X. b) NOISE The majority of the project site is located within the 65 to 70 decibel CNEL noise contours identified in the Comprehensive Land Use Plan for McClellan-Palomar Airport with an area of the northeast corner of the site falling within the 70 to 75 decibel CNEL noise contour. SANDAG prepared a site specific plot of the noise contour lines in relation to proposed buildings and it was determined that no structures will be located within the 70 to 75 decibel CNEL noise contour. Office buildings are listed on the McClellan-Palomar Airport Noise/Land Use Compatibility Matrix as conditionally compatible in the 65 to 70 decibel CNEL noise level with the following mitigation measures: 1) Proposed office buildings shall be noise attenuated to an interior level of 50 decibels CNEL based on an acoustical study submitted along with building plans. Concurrent with 15 Rev. 03/28/96 e e the submittal of building plans the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects registration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted and approved by the Planning Director prior to building permit issuance. 2) Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 3) Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approva-l of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 4) Prior to the issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. 16 Rev. 03/28/96 e III. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (760) 438-1161, extension 4446. 1. "Final Master Environmental Impact Report for the City of Carlsbad General Plan Update" (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. 2. "Kelly Corporate Center Biological Resources Report", dated August 4, 1998, Helix Environmental Planning, Inc. 3. "Kelly Corporate Center Riparian Mitigation Plan", dated April 21, 1999, Helix Environmental Planning, Inc. 4. "Kelly Corporate Center Trail: Archaeological Resources", dated August 14, 1998, Hertiage Resources. 5. "Transportation Analysis for Kelly Corporate Center" , dated March 1, 1999, Urban Systems Associates, Inc. 6. "Growth Management Plan, City of Carlsbad, California, 1998 Traffic Monitoring Program", Valley Research And Planning Associates. 7. "Geotechnical Investigation for Kelly Ranch Corporate Center", dated April 1997, Robert Prater Associates. 8. "Hydraulic Analysis of Encinas Creek for Kelly Corporate Center", dated November 7, 1997, Crosby Mead Benton & Associates. 9. "Preliminary Drainage Report Kelly Corporate Center", dated November 7, 1997, Crosby Mead Benton & Associates. 17 Rev. 03/28/96 e LIST OF MITIGATING MEASURES (IF APPLICABLE) 1) The Palomar Airport Road at Hidden Valley Road and Palomar Airport Road at A viara Parkway intersections shall be designed with right turn only lanes for the eastbound to southbound right turn. A vehicle storage length of two hundred and fifty feet with transition designed to CAL TRANS specifications is recommended at A viara Parkway and one hundred and fifty feet with transition at Hidden Valley Road. Fully designed and engineered improvement plans shall be prepared for these conditions for approval by the City Engineer. 2) The Developer shall pay his fair share for the "short-term improvements" to the El Camino Real/Palomar Airport Road intersection prior to the issuance of any building permits. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; and increased or new Zone 5 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. 3) Mitigation for impacts to southern willow scrub shall be mitigated by restoration of this habitat type at a 1: 1 ratio within the southwestern comer of the site as depicted on Figure 4, "Mitigation Location -Kelly Corporate Center" of the Kelly Corporate Center Riparian Mitigation Plan dated April 21, 1999 prepared by Helix Environmental Planning, Inc. A detailed restoration plan must be developed and approved by the California Department of Fish and Game. The restoration plan must identify a planting plan, including plant palette and seed mixes, and develop success criteria for restoration. A maintenance and monitoring period, usually five years, will be required to assure that the restoration area meets with identified success criteria and restoration goals. 4) Offsite mitigation for 0.3 acres of riparian woodland shall be achieved through the establishment and placement of initial funds into a non-wasting fund approved by the U.S. Fish and Wildlife Service. This fund would allow for various management activities which benefit wetlands and the least Bell's vireo (Vireo bellii pusillus; vireo) within Encinas Creek to take place in perpetuity. The exact amount of this initial funding shall be determined by the USFWS. This amount, along with fund establishment and the identification of the entity charged with fund management, shall be approved by the USFWS prior to occupancy and written confirmation from USFWS shall be provided to the Planning Director. 5) Prior to grading plan approval areas of the site to be preserved in their existing condition shall be clearly demarcated on the grading plans to the satisfaction of the Planning Director and City Engineer. A habitat protection fence detail approved by the Planning Director and City Engineer shall be included on the grading plan along with the location for its installation. These areas shall be fenced in the field by a qualified biologist who shall also submit to the Planning Director a letter attesting to the accuracy of the fencing location prior to the issuance of a grading permit. 6) To assure that no direct impacts to the least Bell's vireo occur during project grading, all grading that creates noise in excess of 60 dB Leq at the western property boundary shall occur outside of the vireo breeding season (March 15 -September 15). Alternatively, grading noise levels shall be reduced to below 60 dB Leq by the construction of noise attenuation devices during the breeding season. Grading that creates noise in excess of 60 dB Leq at the western property boundary during the vireo breeding season would be 18 Rev. 03/28/96 allowed if it can be shown, based on focused surveys by a qualified biologist, that no least Bell's vireos are using habitat in areas where the 60 dB Leq threshold is exceeded. Alternatively, a noise barrier that reduces grading noise to below 60 dB Leq could also be used to reduce impacts to below a level of significance. A noise monitoring program indicating the type of equipment to be used to measure noise levels, the monitoring location, responsible personnel and the frequency of monitoring as its relates to the grading schedule shall be submitted for Planning Director and U.S. Fish and Wildlife Service approval prior to the issuance of a grading permit unless the focused surveys indicate that no least Bell's vireos are using habitat that would be impacted by noise levels exceeding 60 dB Leq. If it is determined that indirect impacts cannot be avoided, "take" would need to be authorized as part of a section 7 consultation with the U.S. Army Corps of Engineers. 7) To minimize indirect impacts to Encinas Creek, the proposed 50 foot setback shall be revegetated using native upland plant species. This shall be included in the landscape plans for the project which must be approved prior to the approval of a grading plan. Review and approval of the landscape plans for the buffer area by the USFWS is also required prior to grading plan approval. Limited encroachment into the 50 foot setback where access to the site is gained from A viara Parkway is acceptable to allow for appropriate traffic spacing on Aviara Parkway and is shown on the project plan. 8) An exterior lighting plan including parking areas shall be submitted for Planning Director and U.S. Fish and Wildlife Service approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The maximum height of all light fixtures shall not exceed 30 feet. 9) Proposed office buildings shall be noise attenuated to an interior level of 50 decibels CNEL based on an acoustical study submitted along with building plans. Concurrent with the submittal of building plans the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects registration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted and approved by the Planning Director prior to building permit issuance. 1 0) Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 11) Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 12) Prior to the issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. 19 Rev. 03/28/96 wt.ICANT CONC!.f:NC2 Willi M!'UGAII!lliMEd nus IS TO CEllTIFY THAT I HAVE REVIEWED 1HE ABOVE MmGAT'niG MEASURES AND \.ONCUR WITH THE ADomoN OF TIJESE MEASURES TO THE PROJECT. -Date SignatUre 20 llev. 03128196 "+ u .•. j_ -::J'-: ::' ~-···-' • ..1..:. r- ,... .,.... -... -.· ... 1t. ... - APPLICANT CONClJRR.SNCE WITH MITIGATION MEASI !R£S THIS IS TO CERTIFY TIIAT I UA 'v'E REVIEWED THE ABOVE MITIGATING MEASURES AND \,ONCtJR WITH THE ADDinON OF THESE MEAStlRES TOniE PROJECT. 20 Rev. 03128/96 PROJECT NAME: Kelly Corporate Center FILE NUMBERS: SOP 97-25/CDP 97-52 APPROVAL DATE: _____________ CONDITIONAL NEG. DEC.: _____________ _ The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bi113180 (Public Resources Code Section 21081.6). Mitigation Measure . 1) The Palomar Airport Road at Hidden Valley Road and Palomar Airport Road at Aviara Parkway intersections shall be designed with right turn only lanes for the eastbound to southbound right turn. A vehicle storage length of two hundred and fifty feet with transition designed to CAL TRANS specifications is recommended at Aviara Parkway and one hundred and fifty feet with transition at Hidden Valley Road. Fully designed and engineered improvement plans shall be prepared for these conditions for approval by the City Engineer. 2) The Developer shall pay his fair share for the "short- term improvements" to the El Camino Real/Palomar Airport Road intersection prior to the issuance of any building permits. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; and increased or new Zone 5 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Type Project Project Monitoring Shown on Verified Remarks Department Plans Implementation Engineering Yes Engineering Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. m z < :::0 0 z s::: m z ~ I s::: • -1 0 z s::: 0 z -1 0 :::0 z Q (") :I: m (") " c • ""0 )> Q m 0 "T1 (,11 Mitigation Measure Monitoring Type 3) Mitigation for impacts to southern willow scrub shall be Project mitigated by restoration of this habitat type at a 1:1 ratio within the southwestern corner of the site as depicted on Figure 4, "Mitigation Location -Kelly Corporate Center'' of the Kelly Corporate Center Riparian Mitigation Plan dated April 21, 1999 prepared by Helix Environmental Planning, Inc. A detailed restoration plan must be developed and approved by the California Department of Fish and Game. The restoration plan must identify a planting plan, including plant palette and seed mixes, and develop success criteria for restoration.. A maintenance and monitoring period, usually five years, will be required to assure that the restoration area meets with identified success criteria and restoration goals. 4) Offsite mitigation for 0.3 acres of riparian woodland shall be Project achieved through the establishment and placement of initial funds into a non-wasting fund approved by the U.S. Fish and Wildlife Service. This fund would allow for various management activities which benefit wetlands and the least Bell's vireo (Vireo bellii pusillus; vireo) within Encinas Creek to take place in perpetuity. The exact amount of this initial funding shall be determined by the USFWS. This amount, along with fund establishment and the identification of the entity charged with fund management, shall be approved by the USFWS prior to occupancy and written confirmation from USFWS shall be provided to the Planning Director. 5) Prior to grading plan approval areas of the site to be preserved Project in their existing condition shall be clearly demarcated on the grading plans to the satisfaction of the Planning Director and City Engineer. A habitat protection fence detail approved by the Planning Director and City Engineer shall be included on the grading plan along with the location for its installation. These ar~as shall be fenced in the field by a qualified biologist who shall also submit to the Planning Director a letter attesting . to the accuracy of the fencing location prior to the issuance of a grading permit. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Planning Planning Shown on Plans Verified Implementation Remarks Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. m z ~ :;:o 0 z 3: m z > r 3: t 0 z 3: 0 z =i 0 :;:o z G') 0 ::I: m 0 " c • "tJ )> G') m 1\) 0 ., (11 Mitigation Measure Monitoring Type 6) To assure that no direct impacts to the least Bell's vireo Project occur during project grading, all grading that creates noise in excess of 60 dB Leq at the western property boundary shall occur outside of the vireo breeding season (March 15 -September 15). Alternatively, grading noise levels shall be reduced to below 60 dB Leq by the construction of noise attenuation devices during the breeding season. Grading that creates noise in excess of 60 dB Leq at the western property boundary during the vireo breeding season would be allowed if it can be shown, based on focused surveys by a qualified biologist, that no least Bell's vireos are using habitat in areas where the 60 dB Leq threshold is exceeded. Alternatively, a noise barrier that reduces grading noise to below 60 dB Leq could also be used to reduce impacts to below a level of significance. A noise monitoring· program indicating the type of equipment to be used to measure noise levels, the monitoring location, responsible personnel and the frequency of monitoring as its relates to the grading schedule shall be submitted for Planning Director and U.S. Fish and Wildlife Service approval prior to the issuance of a grading permit unless the focused surveys indicate that no least Bell's vireos are using habitat that would be impacted by noise levels exceeding 60 dB Leq. If it is determined that indirect impacts cannot be avoided, "take" would need to be authorized as part of a section 7 consultation with the U.S. Army Corps of Engineers. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Shown on Plans Verified Implementation Remarks Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks =Area for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. m z < :::0 0 z s: m z ~ r- 3: • :::! 0 z s: 0 z =i 0 :::2 z (j) 0 :I: m 0 " c • 1J )> (j) m (,J 0 , U1 Mitigation Measure Monitoring Type 7) To minimize indirect impacts to Encinas Creek, the Project proposed 50 foot setback shall be revegetated using native upland plant species. This shall be included in the landscape plans for the project which must be approved prior to the approval of a grading pian. Review and approval of the landscape plans for the buffer area by the USFWS is also required prior to grading plan approval. Limited encroachment into the 50 foot setback where access to the site is gained from Aviara Parkway is acceptable to allow for appropriate traffic spacing on Aviara Parkway and is shown on the project plan. 8) An exterior lighting plan including parking areas shall be Project submitted for Planning Director and U.S. Fish and Wildlife Service approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The maximum height of all light fixtures shall not exceed 30 feet. 9) Proposed office buildings shall be noise attenuated to an Project interior level of 50 decibels CNEL based on an acoustical study submitted along with building plans. Concurrent with the submittal of building plans the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects registration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted and approved by the Planning Director prior to building permit issuance. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Planning Planning Shown on Plans Verified Implementation Remarks Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. m z < ;;u 0 z s:: m z > r s: t 0 z s:: 0 z -f 0 ;;u z (i) 0 :I: m 0 " r • "tJ )> (i) m ~ 0 ., CJ1 Mitigation Measure 1 0) Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 11) Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 12) Prior to the issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Type Project Monitoring Shown on Verified Remarks Department Plans Implementation Planning Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. m z < :::0 0 z s: m z ~ I s: t 0 z s: 0 z =i 0 :::0 z (j) 0 J: m 0 " !: • "'0 )> (j) m CJ'I 0 'TI CJ'I .'' Notice of DeteA.ination To: D Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812 [8J County Clerk County of San Diego Mailstop 833, Attn: MITA PO Box 121750 San Diego, CA 92112-1750 • From: CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 (760) 602-4600 Project No: SDP 97-25(A)/CDP 97-52(A) Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Kelly Corporate Center Project Title NIA City of Carlsbad, Don Neu (760) 602-4612 State Clearinghouse No. Lead Agency, Contact Person Telephone Number South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to A viara Parkway on the east in the City of Carlsbad, County of San Diego Project Locations (include County) Project Description: Approval of a Subsequent Mitigated Negative Declaration to delete a traffic mitigation mesure from the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SDP 97-25 and CDP 97-52 This is to advise that the City of Carlsbad has approved the above described project on June 7, 2000, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment. 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQ A. 3. Mitigation measures were made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings were made pursuant to the provisions ofCEQA. This is to certify that the final Subsequent Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. Date Date received for filing at OPR: Revised October 1989 !' ' • • City of Carlsbad IQFt;t;tt.t.i•l§.fiill•i§.il SUBSEQUENT MITIGATED NEGATIVE DECLARATION Project Address/Location: South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to A viara Parkway on the east. Project Description: Deletion of a traffic mitigation measure requiring the construction of Cannon Road Reach 2 to be underway to the satisfaction of the City Engineer prior to the issuance of a building permit for the approved Kelly Corporate Center which consists of four two-story multi-tenant office buildings with a total building area of 250,093 square feet. 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, 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 Subsequent Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Subsequent Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 602-4612. DATED: CASE NO: CASE NAME: PUBLISH DATE: MAY 1,2000 SDP 97-25/CDP 97-52 KELLY CORPORATE CENTER-DELETION OF A TRAFFIC MITIGATION MEASURE MAY 1,2000 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 {!) DN:cs • • CALIFORNIA DEPARTMENT OF FISH AND GAME PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATION OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (Include County): Kelly Corporate Center (SDP 97-25(A)/CDP 97-52(A)/South side of Palomar Airport Road extending from an area west of Hidden Valley Road on the west to A viara Parkway on the east in the City of Carlsbad, County of San Diego. Name and Address of Applicant: Kevin A. Noell Kelly Ranch Corporate Center I, LLC Ste 300 2141 Palomar Airport Road Carlsbad, CA 92008 Project Description: Approval of a Subsequent Mitigated Negative Declaration to delete a traffic mitigation measure from the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SDP 97-25 and CDP 97-52. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the complete Environmental Initial Study, the City of Carlsbad Planning Department finds that the proposed project will not encroach upon wildlife habitat area, will have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into the proposed project which would affect fish or wildlife. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 ofthe Fish and Game Code. Section 711.4. Fish and Game Code DFG I/91 MIC~ Planning Director Lead Agency: CITY OF CARLSBAD Date: -~w:L./~--'~7+/..=::...o-=o ____ _ • MEMORANDUM February 18, 2004 TO: Senior Planner Van Lynch FROM: Associate Engineer Frank Jimeno PRE 04-03 KELLEY PARCEL 4 (SOP 97-25) APN 212-040-70 • Engineering Department staff has completed a preliminary review of the above- referenced project. Conceptually the proposed changes are acceptable. Prior to formal determination, the following items must be adequately addressed: 1. A site plan needs to be submitted for a thorough review of the site design. 2. Show site drainage. 3. Show all on-site easements. 4. Per the City Standard Urban Storm Water Mitigation Plan dated April 2003, the applicant must complete the checklist under Appendix A with their submittal for development permits. Completing the checklist will determine the project's construction and permanent storm water best management practices requirements as well as what types of reports, if any, must be prepared. 5. A precise grading permit will be required. If you or the applicant has any questions, please either see or call me at 602-2758 . . ··- tz ,:::/ - ///·~ FRANK JIMENO Associate Engineer CARLSBAD FIRE DEPARTMENT Fire Protection Services PRELIMINARY REVIEW REPORT PROJECT NAME: Kelley Parcel 4 Date: 1/26/04 Project number: PRE-04-003 Preliminary comments: {Note: This commentary identifies missing information that must be included with the official project submittal. It may also identify fire protection issues associated with the project.) 8 Automatic fire sprinklers are required. Should owner opt to provide a fire sprinkler system designed for office use then the building will only be available for office space, no laboratory use would be allowed. C. Balch Additional fire sprinkler information: All uses or proposed uses for the building shall be in accordance with NFPA 13. Please note that office sprinklers are of a light hazard design. Any other proposed uses (R & D, manufacturing, laboratories) will require higher densities. May 26,2000 TO: FROM: DEPUTY CITY ENGINEER WOJCIK SENIOR CIVIL ENGINEER HAMMANN ASSOCIATE ENGINEER JIMENO Senior Planner Neu • KELLY CORPORATE CENTER (SDP 97-25) CITY ATTORNEY COMMENTS Attached is a copy of the City Attorney Comments on the DCC Report for the Kelly Corporate Center Project. I need the Engineering Department to provide me with revisions to address the attorney's comments on page 3. This is the section, which contains the text prepared by Bob Wojcik to address the Palomar Airport Corridor level of service. The revisions are due on Tuesday May 30, 2000. This is necessary to meet the deadlines for the June 7, 2000 Planning Commission Hearing. I also am requesting that an Engineering staff person be at the hearing to explain the reason for supporting deletion of the Cannon Road condition as well as respond to questions on the revised traffic study prepared for the project. Thank you for your assistance. ~~ DONNEU Attachment C: Gary Wayne Adrienne Landers April 19, 2000 TO: FROM: PLANNING DEPARTMENT Deputy City Engineer, Development Services Deputy City Engineer, Transportation PALOMAR AIRPORT ROAD TRIP CAPACITY This memo has been prepared to address the environmental impacts of proposed future projects contributing traffic to Palomar Airport Road. Although observation of the traffic flow on Palomar Airport Road would appear to be negatively impacted, by methods generally accepted statewide, the measurements of the capacity on the roadway are either acceptable or, with construction of additional capacity guaranteed, will be acceptable. For Interstate 5 and Palomar Airport Road, the City Council has previously adopted overriding considerations for the impact to those intersections. 1-5 and Palomar Airport Road are regional roadways and those particular intersections are controlled by Caltrans and not the City. The intersection of Paseo Del Norte (PDN) and Palomar Airport Road, although appearing to not have capacity, does have sufficient capacity. The reason for the apparent failure is the impact of the traffic backing up at the 1-5 ramps, and ramp intersections, causing a line of vehicles from 1-5 through the PDN intersection. The current level of service, which is the measure accepted by the City's Growth Management Plan, for the PDN intersection is "C" in the a.m. peak and "C" in the p.m. peak. The lane capacities for Palomar Airport Road are 2,000 vehicles per hour, per lane. With the three lanes in both the eastbound and westbound direction, the capacity for the through lanes would be 12,000 trips per hour, with left-turn lanes having 1 ,800 vehicles per hour capacity and with the dual left-turn lanes the turn capacity would then be 3,600. Currently, the a.m. peak volume for through lanes at PDN is 3,550 vehicles/hr and for left-turns is 291 vehicles/hr. In the p.m. peak, the current volume is 3,524 vehicles/hr in the through lanes and 354vehicles/hr for left-turns. With the capacity of the through lanes at 12,000 vehicles/hr and the actual volume of traffic at approximately 3,500 vehicles/hr. it is shown that there capacity at the intersection for the through lanes. Likewise, with a capacity of 3,600 vehicles/hr versus existing peak turns of 350 vehicles/hr. capacity is available for additional traffic. At the College Boulevard and Palomar Airport Road intersection, the situation is even better than at the Paseo Del Norte intersection. The level of service in the a.m. peak is "B", with a p.m. level of service "C". The a.m. peak through volume is 2,300 vehicles/hr. and p.m. peak through volume 2,900 vehicles/hr. Left-turn volumes are 1,100 April19, 2000 PALOMAR AIRPORT ROAD TRIP CAPACITY Page 2 vehicles/hr and 339 vehicles/hr. respectively. Again, there is sufficient capacity at this intersection. The next impacted intersection on Palomar Airport Road is at El Camino Real. Currently, the level of service, as measured for growth management, does not comply with standards. The design and funding for construction, of additional turn lanes to meet the standards, is in place and will be constructed within the year. The level of service at El Camino Real and Palomar Airport Road in the a.m. peak is "F", and "E" in the p.m. peak. The main problem for the unacceptable level of service are in the right-turn movements at that intersection. The construction scheduled for this intersection would install a second right-turn lane for the two most critical movements. This will bring the level of service into acceptable ranges. In summary, from an environmental review standpoint, any additional proposed projects that would add traffic to these intersections, and thereby considered impacting the intersections, would not have a significant impact. A finding of insignificant impacts would be appropriate. ROBERT J. WOJCIK, P.E. Deputy City Engineer ROBERT T. JOHNSON, JR., P.E. Deputy City Engineer, Transportation RJW:RTJ:jb From: To: Date: Subject: Don Neu Frank Jimeno; John Kim 3/20/00 3:11PM Kelly Corporate Center Traffic Study Today I received a copy of a revised Traffic Study for the Kelly Coporate Center which was transmitted to you both on March 16 by Sam Kab of Urban Systems Associates. The resubmittal is in response to the incomplete application letter dated February 22, 2000. Please let me know if the study is acceptable to the Engineering Department by April 7, 2000 so that a letter can be sent to the applicant either deeming the application complete or still incomplete. Thank you CC: Don Neu URBAN SYSTEMS .OCIATES, INC. PLANNING & TRAFFIC ENGINEERING, IIARKETJNG & PROJECT SUPPORT CONSULTANTS TO INDUSTRY AND GOIIERNIIENT ATTN: COMPANY: john Kim, Associate Engineer Carlsbad Engineering Department Sam P. Kab, II C:Sc::vtf\--FROM: WHITE TO ADDRESSEE; YELWW TO FILE; PINK TO MANAGER phone: "' (760) 602-2757 fax: "' (760) 602-8562 DATE: March 16, 2000 TIME: 9:27AM TOTAL PAGES : _l TRANSMIITED VIA: Hand Delivery SUBJECT: KELLY CORPORATE CENTER We are sending you the following information for your: 0 use 0 for submittal 0 as requested e approval 0 review & comment !oF coPIES :DATE ! DESCRIPTION 1 l3-15-00 lRevised Trans12ortation Analvsis for Kellv Coroorate Center This revised report includes the revisions requested by City of Carlsbad Engineering staff and includes revised "existing conditions", "existing plus project conditions", and "existing plus project plus other nearby projects" (Costco expansion, Costco Gas Station expansion, Armstrong's Nursery and Oscar's Restaurant). These revisions do not change the conclusions of the original report that study area intersections are expected to operate acceptably and that no other project mitigation is needed or recommended. cc: Frankjimeno Harve Filik Stuart Fisk RECEiVED MAR 2 0 2000 CITY OF CARLSBAD PLANNING DEPT. If enclosures are not as noted, please notify us at once. #002495 1 C:\@OFFIC-1\03-16-00skjk(disk 4540 KE.4RNY VILLA ROAD, SUITE 106 • SAN DIEGO, CA 92123-1573 • (858) 560-4911 • FAX (858) 560-9734 Palomar Airport Road (West Corridor) MEETING: February 24, 2000 4:00PM Faraday Room #174 Attendees: Lloyd Hubbs, Director Public Works Bob Wojcik Frank Jimeno Clyde Wickham John Kim Bob Johnson L). !-fa. user AGENDA Projects in process: CostCo Gas Satation Additional Pump Expansion CostCo Warehouse Expansion Oscars Resturant Kelly Corp. Center Ukegawa Packing Shed ? (new Project) City Golf Course • • Traffic statement from previous CostCo, Islands, Carls Jr. Projects: • 4 items identified and "in the process to be implemented" ..... • Discussion ..... What's been done .... What remains to be done .... • What else can we do? •. Why does the numbers say all is OK and the congestion still backs up to Armada? ~ierC-o-\"'eo+-T-,s--Jo Cot~ A:z,lJitiOI\cd iv~V\ lctne ort p~ +o /liJA) (fo-...-~-\ TslO\~ j Mo-h de. -fr-o.,~ e...-o{eo{; cot 'fed. ' " '·~ • ·if G.M, So.ys nc-t-C\.~l\ure.. {~nicO\lly VncAel' "tfte_ /nf./ver¥:e of-*v::, \nie~~ -for wh teh -#ere q r-e ave. r i 0\. i Vl.J c.o...., S't~ef'Ot '"h·~S' IIJeeo/. Over-'cl' r-, _I • • 1 'l'J L-CMSrqen:l(:fr'cvt.s-wit/1 '\, £/,e_ A/-fet'ro,-H v ~ ~ L);sclo~ure.. ~ 1) e~tO\ill\ -tVe f"€-s-v~ o-f-OV(' 'ft'~ c ~iior-i~ . z) clMO{itiCvl ~u -tu :ft ~ve.-~,.,CHI -1o £-cJe. llisco.s-.s\Ot'\ i"' iY"lt-ti«\ ..rfvrly . Uplc:o.lninj .simuiCVI \IV'i-l}] J'\ o .-.Mj oo..-h~ I IS * ~ -tf-Gt-ffic -stvOty .,. ' 1 ~ neces-~ry --Gr Kelly &iJ. Cft ...--....-------~ --------~~--------~ ----~-~---------- - II I I I: i! I I I: I I I I _4~A._ CITY OF VcARLSBAD Community & Economic Development July 29, 2013 Hofman Planning and Engineering 3156 Lionshead Ave, Suite 1 Carlsbad CA 92010 SUBJECT: COP 97-52(A)x3-KELLY CORPORATE CENTER M~~ 'eJ 1/aq l1~ FILE COPY www.carlsbadca.gov The Planning Division has completed a review of your application for a Coastal Development Permit Extension, COP 97-52(A)x3-KELLY CORPORATE CENTER, located on the south side of Palomar Airport Road between Hidden Valley Road and Aviara Parkway. The project consists of the construction of a 50,000 square foot, two-story multi-tenant office building on a 25.28 acre site. The project originally received approval of a Coastal Development Permit on September 1, 1999 and after a subsequent four- year extension, was due to expire on October 5, 2008. The applicant made a timely submittal for a second Coastal Development Permit extension on August 22, 2008, prior to the permit expiration and a four year extension was granted to October 5, 2012. The applicant made a timely submittal for a third Coastal Development Permit extension on September 25, 2012 prior to the permit expiration and a four year extension is proposed. After careful consideration of the circumstances surrounding this request, it has been determined that (1) there has been no change of circumstances in relation to coastal resources per Section 13169 of the California Code of Regulations, (2) the project is still in compliance with the Coastal Development Permit regulations, and (3) that the findings required for granting a Coastal Development Permit extension can be made; therefore, the City Planner retroactively APPROVES Coastal Development Permit Extension No. COP 97-52(A)x3 for four years based on the following findings and conditions. Findings: 1. All the findings contained in the Planning Commission Resolution No. 4603 dated September 1, 1999 for CDP 97-52 are incorporated herein by reference and remain in effect. 2. That the retroactive four year extension is appropriate due to the adverse market conditions for speculative office space in Carlsbad. Additionally, the applicant will need additional time for the preparation of building plans and processing of building permits. The project is still consistent with the Coastal Development Permit regulations, and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the construction of a 50,000 square foot, two-story office building on a 25.28 acre site (CDP 97- 52). 3. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of their extension. 4. That the City Planner determined the potential environmental effects of the project were adequately analyzed by the previously adopted Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for Kelly Corporate Center-SDP 97-25 and CDP I!!\ Planning Division \ill 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 97-52 approved at Planning Commission on September 1, 1999, as well as a previously adopted subsequent MND for Kelly Corporate Center -SDP 97-25(A) and CDP 97-52(A), approved at Planning Commission on June 7, 2000. The construction of the 50,000 square foot, two-story multi-tenant office building has been conditioned to implement all applicable mitigation measures pursuant to the approved Mitigation Monitoring and Reporting Program for SDP 97- 25 and CDP 97-52 and SDP 97-25(A) and CDP 97-52(A). No additional environmental review is required. Conditions: 1. This approval is granted subject to the approval of SOP 97-25{A)x3 and is subject to all conditions contained in Planning Commission Resolution No. 6943, incorporated herein by reference. 2. This Coastal Development Permit extension is granted retroactively from October 6, 2012 to October 5, 2016 and shall expire concurrent with the expiration of SDP 97-25(A)x3. If building permits for this project are not obtained within this time period, the coastal development permit extension will expire concurrently with SOP 97-25{A)x3 on October 5, 2016, unless extended per Section 21.201.210 of the Carlsbad Municipal Code. 3. All the conditions contained in the City Planner's approval letter dated March 12, 2009, for CDP 97-52(A)x2 are incorporated herein by reference and remain in effect except for Condition No. 2, which is superseded by Condition No. 2 of this approval letter. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $638.00 plus noticing fee. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Van Lynch at (760) 602-4613. CITY OF CARLSBAD CHRIS DECERBO Principal Planner CD:VL:fn c: The Allen Group, 11943 El Camino Real, Ste 200, San Diego CA 92130 Don Neu, City planner Chris DeCerbo, Team Leader Stephen Bobbett, Project Engineer Data Entry File Copy California Coastal Commission Van Lynch From: Sent: Joanne Franco <jfranco@assetsignature.com> Tuesday, April23, 2013 9:51AM To: Van Lynch Cc: Kathy Dodson Subject: RE: FW: 1000 Aviara Parkway Thank you so much Van, we will most likely wait until after the nesting season is complete. Joanne Franco Wasatch Commercial Management 1000 Aviara Parkway, Suite 220 Carlsbad, California 92011 Office: (760) 602-9640, Ext 1 jfranco@assetsignature.com From: Van Lynch [mailto:Van.Lynch@carlsbadca.gov] Sent: Friday, April19, 2013 10:54 AM To: jfranco@assetsignature.com Cc: Kathy Dodson Subject: FW: FW: 1000 Aviara Parkway Joanne, I've received the email below from the Wildlife agencies. Looks like you are good to go. As noted, it will be important (verv important!!) to have a biologist on hand to complete a bird nesting survey if work were to be done between February 15 thru September 15. One would not be required outside the nesting season. Please let me know if you have any other questions or need additional help. Sincerely, Van Lynch Senior Planner 1635 Faraday Av Carlsbad CA 92008 T (760) 602-4613 van .lynch @carlsbadca .gov www.carlsbadca.gov ~ ,( c '~CITY 01 CARLSBAD From: Stephanie Ponce [mailto:Stephanie.Ponce@wildlife.ca.gov] Sent: Friday, April19, 2013 10:41 AM To: Van Lynch Cc: Mike Grim Subject: Re: FW: 1000 Aviara Parkway Hi Van, 1 •• . Thank you for your email. I do not hi other concerns other than nesting birds .• se instruct them to have a qualified biologist conduct bird nesting surveys prior to work. If an active nest is identified, work must be postponed until after the breeding season so not to disturb the nest. Thank you, Stephanie R. Ponce Environmental Scientist, NCCP Caliifornia Dept. of Fish & Wildlife 3883 Ruffin Rd. San Diego, CA 92123 Stephanie.Ponce@Wildlife.ca.gov (858) 467-4237 w (858) 467-4299 fax >>>Van Lynch <Van.Lynch@carlsbadca.gov> 4/9/2013 8:34AM >>> Hi Stephanie, We've been approached by the Property Manager noted below to do some clearing of vegetation on the south side of Palomar Airport Road, westerly of Aviara Parkway (and just easterly of USFWS building). I've attached an excerpt from the project site plan (SDP 97-25, May 5, 1999) and MND that was prepared for the project and it notes that "Routine maintenance of the detention basins on site adjacent to Palomar Airport Road is permitted to ensure their function." So we, the City, do not have an issue with "maintenance" in this specific area. We can direct them to follow the typical bird surveys as noted in the MND prior to doing any work. Any concerns on your end? The other "brush" area they mention sounds like the upland mitigation requirement and we will instruct them not to touch that. Thanks, Van Lynch Senior Planner 1635 Faraday Av Carlsbad CA 92008 T (760) 602-4613 van.lynch@carlsbadca.gov www.carlsbadca.gov ~ '..\ ·:: ·~ (IP 0< CARLSBAD From: Kathy Dodson Sent: Monday, April 08, 2013 6:17PM To: Van Lynch Subject: Fwd: 1000 Aviara Parkway Would you see that this gets to the right person? Thanks --------Original Message -------- Subject: 1000 Aviara Parkway From: Joanne Franco <jfranco@assetsignature.com> To: Kathy Dodson <Kathy.Dodson@carlsbadca.gov> CC: Hi Kathy, 2 ------------------------------------- .... ; was referred to you in hopes you c. help me out with a situation. I am the Plerty Manager for the office building located at 1000 Aviara Parkway. We have brush along our property and Palomar Airport Road that we have been wanting to clean up and trim down. I have been told that we are not allowed to touch the area due to Fish and Game preservation laws. Would you be so kind to let me know whether this is the issue or what my options may be? Joanne Franco Wasatch Commercial Management 1000 Aviara Parkway, Suite 220 Carlsbad, California 92011 Office: (760) 602-9640, Ext 1 jfranco@assetsig nature. com 3 4~.A_ CITY OF VcARLSBAD Community & Economic Development January 31, 2013 Hofman Planning & Engineering Attn: Bill Hofman 3156 Lionshead Avenue, Suite 1 Carlsbad, CA 92010 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: SOP 97-25(A)x3-KELLY CORPORATE CENTER ~c\ 1\o\\L? FILE COPY www.carlsbadca.gov At the January 30, 2013 Planning Commission meeting, your application was considered. The Commission voted 7-0 to approve your request. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. If you have any questions regarding the final dispositions of your application, please contact your project planner Van Lynch at {760) 602-6413 or van.lynch@carlsbadca.gov. Sincerely, Q,/t DON NEU, AICP City Planner DN:VL:bd c: Data Entry File enc: Planning Commission Resolution No. 6943 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 Planning Division January 9, 2013 Hofman Planning & Engineering Attn: Bill Hofman 3156 Lionshead Avenue, Suite 1 Carlsbad, CA 92010 SUBJECT: SOP 97-25(A)x3-KELLY CORPORATE CENTER LJ FILE www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, January 16, 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 January 22, 2013. A twenty (20) minute appointment has been set aside for you at 10:00 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. cr~ DON NEU, AICP City Planner DN:VL:sm c: Allen Group, Attn: Harve Filuk, 11943 El Camino Real, Suite 200, San Diego, CA 92130 File Copy Steve Bobbett, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 _4~.A._ CITY OF VcARLSBAD ' (' ' ; t\~t-U&i) \0\~' \n~ LJ FILE Planning Division October 2, 2012 www.carlsbadca.gov 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 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 (SOP/COP) 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 ® • Hofman Planning & Engineering Planning Civil Eng'neering Fiscal Services Coastal September 3, 2012 Mr. Don Neu Planning Director City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Re: Kelly Corporate Center-SDP 97-25, CDP 97-52 Dear Mr. Neu: • The above referenced permits will be expiring October 5, 2012. As representative of the owner of Kelly Corporate Center we are requesting approval of an extension to these permits. There are four buildings under this permit, three of which have already been constructed. Adverse market conditions and vacancy rates have prevented the construction of the fourth building. Due to the extent of currently available office space within the City of Carlsbad, we are requesting an additional four year extension to the Site Development Permit and Coastal Development Permit to await improved market conditions. Sincerely, /341~ Bill Hofman President Cc: Van Lynch Harve Filuk 3152 Lionshead Avenue • Carlsbad • CA 92010 • (760) 692-4100 • Fax: (760) 692-4105 _Jf~_A CITY OF ~~'CARLSBAD Planning Department June 10, 2010 Smith Consulting Attn: Mark Langan 12220 El Camino Real, Suite 200 San Diego, CA 92130 FILE COPY www.carlsbadca.gov SUBJECT: NOTICE OF MULTIPLE IMPACTS-SOP 97-25(A)x2/CDP 97-52(A)x2- KELLY CORPORATE CENTER Dear Applicant: Please find the enclosed Notice of Multiple Impacts that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the CDP 08-05. Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ./ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) . ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded expeditiously as possible. If you have any questions or need additional assistance, please call Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Assistant Planner c: Senior Management Analyst File Copy T (760) 602-4600 F (760) 602-8559 • Cit of FILE COPY e Carlsbad --------~------~~~~ April 23, 2009 Smith Consulting Att: Mark Langan 12220 El Camino Real #200 San Diego, CA 92130 SUBJECT: REVISIONS NEEDED TO NOTICE OF RESTRICTION -SOP 97 -25(A)x2/ COP 97-52(A)x2-Kelly Corporate Center Dear Mr. Langan: Yesterday, you provided to the City of Carlsbad a notarized and signed Notice of Restriction. Thank you for obtaining this required document. Unfortunately, the property owner signature obtained was not in keeping with the requirements. These requirements are described at the bottom of the Notice's signature page and state: Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation). Mr. Luke Allen, Secretary of Kelly Corporate Center, signed the Notice. For this signature to be acceptable, the Notice must be returned with the resolution described. I have enclosed the signed Notice of Restriction, a blank for your convenience, and a copy of the notice instruction letter. Once complete, you may return the correctly completed Notice of Restriction and resolution to me. If you have any questions or need additional assistance, please call me at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. · Sincerely, ~~./J?~ Michele A. Masterson Senior Management Analyst c: Shelley Esteybar, Assistant Planner File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ April 13, 2009 Smith Consulting Attn: Mark Langan • City 12220 El Camino Real #200 San Diego, CA 92130 e FILE COPY 'I· t 3 ·0'1 of Carlsbad I Q Eh hi let. I •A§ ·til I I ;ag ;t I SUBJECT: NOTICE OF RESTRICTION: SOP 97-25(A)x21 COP 97-52(A)x2-KELLY CORPORATE CENTER Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Site Development Plan No. SOP 08-02. Please ensure the following items are addressed prior to returning the Notice of Restriction: v" Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) v" Document must be properly notarized. v" Name on signature page and name on Notarial Acknowledgement must match. v" Property owner's signatures/initials must be the same as on Notary Acknowledgement. v" Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) v" Include property owner's name in the designated space above the owner's signature. v" Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded expeditiously as possible. If you have any questions or need additional assistance, please call Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, Assistant Planner c: Senior Management Analyst File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ .. • • March 12, 2009 Smith Consulting Attn: Mark Langan tt City 12220 El Camino Real #200 San Diego, CA 92130 of FU.E COPY e Carlsbad I iJ ihh ;n.t.M •l§ ·fi I I lei§ hi SUBJECT: COP 97-52(A)x2-KELLY CORPORATE CENTER The Planning Department has completed a review of your application for a Coastal Development Permit Extension, COP 97 -52(A)x2 -KELLY CORPORATE CENTER, located on the south side of Palomar Airport Road between Hidden Valley Road and Aviara Parkway. The project consists of the construction of a 50,000 square foot, two-story multi-tenant office building on a 25.28 acre site. The project originally received approval of a Coastal Development Permit on September 1, 1999 and after a subsequent four-year extension, was due to expire on October 5, 2008. After careful consideration of the circumstances surrounding this request, it has been determined that (1) there has been no change of circumstances in relation to coastal resources per Section 13169 of the California Code of Regulations, (2) the project is still in compliance with the Coastal Development Permit regulations, and (3) that the findings required for granting a Coastal Development Permit extension can be made; therefore, the Planning Director retroactively APPROVES Coastal Development Permit Extension No. COP 97- 52(A)x2 for four years based on the following findings and conditions. Findings: 1. All the findings contained in the Planning Commission Resolution No. 4603 dated September 1, 1999 for COP 97-52 are incorporated herein by reference and remain in effect. 2. That the retroactive four year extension is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits and the project is still consistent with the Coastal Development Permit regulations, and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the construction of a 50,000 square foot, two-story office building on a 25.38 acre site (COP 97-52). 3. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of their extension. 4. That the Planning Director determined the potential environmental effects of the project were adequately analyzed by the previously adopted Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for Kelly Corporate Center - SOP 97 ~25 and COP 97-52 approved at Planning Commission on September 1, 1999, as well as a previously adopted subsequent MND for Kelly Corporate Center -SOP 97- 25(A) and COP 97-52(A), approved at Planning Commission on June 7, 2000. The construction of the 50,000 square foot, two-story multi-tenant office building has been conditioned to implement all applicable mitigation measures pursuant to the approved Mitigation Monitoring and Reporting Program for SOP 97-25 and COP 97-52. No additional environmental review is required. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • : ·-("'' r.~ ,. •. '·""' . t,) •. - ' . J\.~ C~P ~7~52(A)x2-KELL 'v~RPORATE CENTER ' March 12, 2009 Page 2 Conditions: 1. This approval is granted subject to the approval of SOP 97-25(A)x2 and is subject to all conditions contained in Planning Commission Resolution No. 6537, incorporated herein by reference. 2. This Coastal Development Permit extension is granted retroactively from October 6, 2008 to October 5, 2012 and shall expire concurrent with the expiration of SDP 97- 25(A)x2. If building permits for this project are not obtained within this time period, the coastal development permit extension will expire concurrently with SOP 97 -25(A)x2 on October 5, 2012, unless extended per Section 21.201.210 of the Carlsbad Municipal Code. 3. All the conditions contained in the Planning Director's approval letter dated October 13, 2004, for CDP 97-52(A)x1 are incorporated herein by reference and remain in effect except for Condition No. 1, which is superseded by Condition No. 2 of this approval letter. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00 plus noticing fee. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Shelley Esteybar at (760) 602-4625. /~lllfrf:_ ~~.BARBERIO Assistant Planning Director GTB:SE:It c: Chris DeCerbo, Team Leader Stephen Bobbett, Project Engineer Data Entry File Copy Coastal Commission ' .. ' . • e FlLE COPY .3·5· 09 City of Carlsbad IQfhhhi,J~i•l§.t;iii .. t§UM March 5, 2009 Mark Langan Smith Consulting 12220 El Camino Real, Suite 200 San Diego, CA 92130 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: SDP 97-25(A)x2-KELLY CORPORATE CENTER At the Planning Commission meeting of March 4, 2009, your application was considered. The Commission voted (7-0-0) to APPROVE your request. The decision of the Planning Commission will become final on March 14, 2009. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, ~Ylw DONNEU Planning Director DN:SE:lt cc: Data Entry File Enclosed: Planning Commission Resolution No. 6537 1635 Farnday /-\venue ·• Carlsbad, CA 92008-7314,. (/60) 602-4600 <>FAX (760) 60.2-8559 .. vvww.ci.carlso=<d.ca.us @ • FILE COPY 6t: City of Carlsbad l@@t.J;tt;t.M•J§•t•a•;.tg;sw February 11, 2009 Smith Consulting Architects Attn: Mark Langan, Vice President 12220 El Camino Real, Suite 200 San Diego, CA 92130 SUBJECT: SOP 97-25(A)x2-KELLY CORPORATE CENTER The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, February 18, 2009, 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 February 23, 2009. A twenty (20) minute appointment has been set aside for you at 9:00 AM. 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 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 th~ ,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 Department 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 Department for at least 60 days after final action on the matter. Your materials will be returned upon written request. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ SDP 97-25x2 -KELLY IRPORATE CENTER February 11 , 2009 Page 2 • If you need additional information concerning this matter, please contact your Planner, Shelley Esteybar at (760) 602-4625. Sincerely, QL/t DON NEU Planning Director DN:SE:sm c: Kelley Corporate Center II, LLC, Attn: Luke Allen, 11943 El Camino Real, Suite 200, San Diego, CA 92130 Kelley Corporate Center II, LLC, Attn: Harve Filuk, 11943 El Camino Real, Suite 200, San Diego, CA 92130 File Copy Steve Bobbett, Project Engineer Data Entry January 6, 2009 Mr. DonNeu Planning Director City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Re: SDP 97-25 SDP 97-52 Dear Mr. Neu: The above referenced site development permits are about to expire. Although we have constructed three of the proposed four buildings under this permit, adverse market conditions for speculative office space in Carlsbad precluded us from completing all four buildings in the allotted time frame. The third building constructed two years ago is still only partially leased. As the City is probably aware, there is currently a 25 -30 % vacancy rate in office buildings in Carlsbad. The City had previously indicated that a two year extension would be proposed. The time line to prepare the drawings and submit for permits etc. would typically take 7-10 months. Because of the above vacancy rates, it makes little sense to commence work at this time on this project in order to meet the two year extension proposal. Therefore we are requesting a four year extension to the above referenced SDP's. All agency approvals have been obtained, and a grading permit has been issued. The pads are ready and all grading has been completed other than the precise grading. Thank you. Yours very truly, The Allen Group Harve Filuk Director of Development Cc: Shelley Esteybar HF/kdc THE ALLEN GROUP 11943 Et Camino Real, Suite 200 .,.. San Diego, California 92130 ,.. Telephone 858 764 6800 .... facsimile 858 764 6809 "' www.allengroup.com December 22, 2008 Mr. DonNeu Planning Director • City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Re: SDP 97-25 SDP 97-52 Dear Mr. Neu: • DfC2008 Planning DeP.!Jlfrralt City of The above referenced site development permits are about to expire. Although we have constructed three of the proposed four buildings under this permit, adverse market conditions for speculative office space in Carlsbad precluded us from completing all four buildings in the allotted time frame. The third building constructed two years ago is still only partially leased. As the city is probably aware, there is currently a 25 -30 % vacancy rate in office buildings in Carlsbad. We are therefore, requesting a four year extension to the above referenced SDP's. All agency approvals have been obtained, and a grading permit has been issued. The pads are ready and all grading has been completed other than the precise grading. Th3nk y0t1 The Allen Group Harve Filuk Director of Development Cc: Shelley Esteybar HF/kdc THE ALLEN G IWUP 11943 El Camino Real, Suite 200 "' San Diego, California 92130 "' Telephone 858 764 6800 "' Facsimile 858 764 6809 "' www.allengroup.com November 4, 2008 Smith Consulting Attn: Mark Langan Fll£ tO~PY e • 11·'-t·C~ City of Carlsbad • *' e• '''' • ''~' •*4 ·t• at' ·'4 ,,. 12220 El Camino Real #200 San Diego, CA 92130 SUBJECT: SOP 97-25(A)x2-KELLY CORPORATE CENTER EXTENSION Your application has been tentatively scheduled for a hearing by the Planning Commission on December 17, 2008. However, for this to occur, you must submit the additional items listed below. If the required items are not received by November 25, 2008, 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 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) 1 00' 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 -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. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPT ABLE (with APN) 2 09-060-34-00 MRS JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!} . "" "· .. ~"'··. ""'-' ,l! 1f1lf l l ~!"{ ~ -: . w . ., ~~~· 97 -25(A)x2 -KELL 'I''ORPORA TE CENTER EXTENSION e November 4, 2008 Pa e 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 Planning Director 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. Cash check (payable to the City of Carlsbad) and credit cards are accepted. (!fh f{{1. k SHELL~YBAR ~ Assistant Planner SE:It Attachment c: 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 APPLICANT OR APPLICANT'S REPRESENTATIVE BY: ------------------------ DATE: ______________________ _ RECEIVED BY DATE: ____________________ __ • e FILE COPY City of Carlsbad I :;a Fi ,, ,, I ;t~ I•J§ ~t• I i' .t§ ,, • October 8, 2008 Smith Consulting Attn: Mark Langan 12220 El Camino Real #200 San Diego, CA 92130 SUBJECT: SOP 97-25(A}x2/CDP 97-52(A}x2 -KELLY CORPORATE CENTER EXTENSION -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: The project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously adopted Mitigated Negative Declaration for Kelly Corporate Center-SOP 97-25 and COP 97-52 as well as a previously adopted subsequent Mitigated Negative Declaration for Kelly Corporate Center -SOP 97- 25{A) and CDP~97-52{A}. No additional environmental review is required. Please be advised that the City is required to file a Notice of Exemption form with the County Clerk's Office. The County requires a $50 filing fee, which the City collects from the applicant. Please submit a check for $50 payable to San Diego County Clerk to Shelley Esteybar, project planner. For additional information related to this CEQA applicability/process determination, please contact the project planner, '•tiJIIey Esteybar, at (760) 602-4625 or seste@ci.carlsbad.ca.us. Sincerely, Q.,J1u DON 1'-:JEU Planning Director DN:SE:sm c: Kelly Corporate Center II, LLC, 11943 El Camino Real, Suite 200, San Diego, CA 92130 Chris DeCerbo, Team Leader David Rick, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i} • FILE COPY • Ci ty of Carlsbad I ¥lJ iji I ill I 11~1 •A§ ·iii I I .I§ n M September 25, 2008 Smith Consulting Attn: Mark Langan 12220 El Camino Real #200 San Diego, CA 92130 SUBJECT: SOP 97-25{A)x2/CDP 97-52(A)x2-KELLY CORPORATION CENTER Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Site Development Permit and Coastal Development Permit Extension application nos. SOP 97-25(A)x2/CDP 97-52(A)x2 as to their completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request t)1at 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. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, plfllillJ;~.J at (760) 602-4625, if you have any questions or wish to set up a meeting to discuss the application. , Sincerely, ~~ GARY BARBERIO Assistant Planning Director DN:SE:sm c: Kelly Corporation Center II, LLC, 11943 El Camino Real, Suite 200, San Diego, CA 92130 Chris DeCerbo, Team Leader David Rick, Project Engineer File Copy Data Entry Attachments: Disclosure Statement 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ -~ ~l -j.~'f ,f'i f*';. li,.Y • '· . ·:~b:F)g; ... 25AX2/CDP 97.2-KELLY CORPORATION CENT. September 25, 2008 Pa e 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: No comment. Engineering: No comment. Fire: Fire Department comments to follow under a separate cover letter. ISSUES OF CONCERN Planning: 1. The Planning Department will not recommend support of an additional four-year time extension but will support a two-year time extension due to the current economic situation as justified in the letter submitted by the Allen Group, dated August 4, 2008. 2. Please fill out the attached Disclosure Statement. 3. Submit 2 copies of the Preliminary Title Report (current within the last six (6) months). Engineering: No comment: Fire: Fire comments to follow under a separate cover letter. August 4, 2008 Mr. Van Lynch City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Re: SDP 97-25 SDP 97-52 Dear Mr. Lynch: • The above referenced site development permits will expire this fall. Although we have constructed three of the proposed four buildings under this permit, adverse market conditions speculative office space in Carlsbad precluded us from completing all four buildings in the allotted time frame. The third building constructed two years ago is still not fully leased. As the city is probably aware, there is currently a 25 -30 % vacancy rate in office buildings in Carlsbad. We are therefore, requesting a four year extension to the above referenced SDP's. All agency approvals have been obtained, and a grading permit has been issued. The pads are ready and all grading has been completed other than the precise grading. Thank you. Yours very truly, Harve Filuk Director of Development HF/kdc THE ALLEN GROUP RECEIVED A~G 2 2 2008 CITY OF CARLSBAD PLANNING DEPT 11943 El Camino Real, Suite 200 ... San Diego, California 92130 ... Telephone 858 764 6800 ... Facsimile 858 764 6809 ... www.allengroup.com From: To: Date: Subject: Hi Van- <Marci_Koski@fws.gov> "Van Lynch" <VIync@ci.carlsbad.ca.us> 01/16/2007 3:12:06 PM Re: Kelly Corporate Center drainange I just spoke with Steve Honn about the drainage issue at the southwest corner of the PAR/Aviara Pkwy intersection. I conveyed that we would be ok with rip rap being placed in the south side of the ditch across from the culvert at that corner to relieve some of the erosion problems. Regarding the drainage, I understand that further work may be necessary to ensure that flooding or excessive ponding does not occur within or adjacent to the ditch; any work to address this issue should be done outside of the breeding season (February 15 -August 30). There is riparian vegetation that has grown in the ditch just west of the intersection (directly north of our building) which may not be disturbed during the breeding season, either by vegetation removal, physical disturbance, or excessive noise from heavy machinery. If you have any questions about this, please give me a call -I appreciate everyone taking the time to make sure the proper precautions are being taken with sensitive resources, and keeping the Service informed. Thanks, Marci Marci L. Koski, M.S., Ph.D. Fish and Wildlife Biologist U.S. Fish & Wildlife Service Carlsbad Fish and Wildlife Office 601 0 Hidden Valley Road Carlsbad, CA 92011 760.431.9440 ext. 304 760.431.5902 fax "Van Lynch" <VIync@ci.carlsbad.ca.us> 01/09/2007 11:22 AM To "Michael Elliott" <mikeelliott2@cox.net> cc "Harve Filuk (E-mail)" <hfiluk@allengroup.com>, "David Dates" <DDate@ci.carlsbad.ca.us>, <Marci_Koski@fws.gov> Subject Kelly Corporate Center drainange Mike: Regarding the landscape inspection for the 1000 Aviara Parkway, Kelly Corporate Center project, there are some drainange issues (ponding of runoff from Palomar Airport Road) related to the project that are part of the original project design which should not hold up the final for the building. The drainange issue will need to be addressed separatly with the Wildlife agencies who have been involved and the property owner. If you have any questions, please feel free to ask. Thanks, Van CC: "David Dates" <DDate@ci.carlsbad.ca.us>, "Harve Filuk (E-mail)" <hfiluk@allengroup.com>, "Michael Elliott" <mikeelliott2@cox.net>, <shonn@renocon.com> September 18, 2006 Mr. Van Lynch Senior Planner City of Carlsbad 1635 Farady Avenue Carlsbad, CA 92008 • Re: Completion of Landscaping 1000 A viara Parkway Permit # CB042804 Dear Van: • A portion of the landscaping for this project is located in an environmentally impacted area, hence the landscaping in the impacted area could not commence until after September 15,2006. Landscaping in the impacted area will commence today and be completed within 30 days. All other landscaping has been completed. The first occupancy of the building is to occur on Friday, September 22. All requirements for occupancy are complete. The Building Department is agreeable to approve occupancy subject to Planning Department approval. Thanks for your consideration. THE ALLEN GROUP 11943 El Camino Real, Suite 200 .. San Diego, California 92130 .. Telephone 858 764 6800 .. Facsimile 858 764 6809 .. www.allengroup.com ' October 13; 2004 ~d iO/HjoLj City of Carlsbad IQblhhlel.i•J§.Jiilljel§bl Kelly Corporate Center I LLC Suite 290 6005 Hidden Valley Rd Carlsbad CA 92009 SUBJECT: COP 97·52(A)x1 -KEllY CORPORATE CENTER The Planning Department has completed a review of your application for a Coastal Development Permit Extension, COP 97 -52(A)x1 located adjacent to and on the south side ·of Palomar Airport Road between Hidden Valley Road and Aviara Parkway. After careful consideration of the circumstances surrounding this request, it has been determined that there has been no change of circumstances in relation to coastal resources per Section 13169 of the California Code of Regulations since the original granting of the permit and that the findings required for granting a Coastal Development Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project complies with all applicable requirements of the Mello II Segment of the Local Coastal Program such as policies concerning the conversion of coastal agriculture and preservation of environmentally sensitive habitat areas. 2. The project complies with the requirements of the Coastal Agricultural Overlay Zone as the project has been conditioned to pay the agricultural conversion mitigation fee to develop the property with uses other than agricultural uses. 3. The project also complies with the requirements of the Coastal Resource Protection .. Overlay Zone as the project will adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion and the site is not prone to landslides or susceptible to accelerated erosion, flood or liquefaction. Conditions: 1. This Coastal Development Permit extension is valid for a period of one (1) year from the project expiration date of September 1, 2004. If building permits for this project are not obtained within this time period, the coastal development permit extension will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 2. This Coastal Development Permit extension is subject to all of the conditions of approval for COP 97-52 contained in Planning Commission Resolution No. 4603. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (j • COP 97 -52(A)x1 -KELLY <., ...... RPORA TE CENTER October 13, 2004 Page2 This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter.. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $500.00. The filing of such appeal within such time limit ·shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Van Lynch at (760) 602-4613. CITY OF CARLSB.AD M~z:LZMii; Planning Director MJH:VL:bd c: Don Neu Chris DeCerbo Frank Jimeno Data Entry File Copy Smith Consulting Architects, Tom Lamore, 12220 El Camino Real Ste 200, San Diego CA 92130 February 18, 2004 Scott Cairns e City Smith Consulting Architects 12220 El Camino Real, Suite 200 San Diego CA 92130 e Maih.t/ ajnfv'f of Carlsbad IQ@Ibhl.t.i•X§.fiiii•i§bl SUBJECT: PRE 04-03/SDP 97-25-KELLEY PARCEL 4 The Planning Director has completed a review of your application for PRE 04-03/SDP 97-25, (APN: 212-040-70-00). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the application qualifies for a consistency determination with the approved permit and therefore, approves in concept the changes to the project based on Planning Director Administrative Policy No. 35. The Planning and Engineering Departments will need site and grading plans to the same level of detail as the original approvals in able to formally approve of the consistency determination. Please submit two sets of site and grading plans for review. Please consider the comments below in the final design of the project. Planning: The maximum building height is 45 feet, where 46 feet is shown. Please see the yards section of the Zoning ordinance for allowed building height protrusions. The project will need to architecturally integrate the mechanical equipment enclosures with the architecture of the building. The project will need to adhere to all of the conditions of approval for SOP 97-25. Engineering: Please show all on-site easements and site drainage. Per the City Standard Urban Storm Water Mitigation Plan dated April 2003, the applicant must complete the checklist under Appendix A with their submittal for development permits. Completing the checklist will determine the project's construction and permanent storm water best management practice requirements as well as what types of reports, if any, must be prepared. · A precise grading permit will be required. Fire: Automatic fire sprinklers are required. Should owner opt to provide a fire sprinkler system designed for office use then the building will only be available for office space, no laboratory use would be allowed. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us G) ' PRE 04-03/SDP 97-25 -~LEY PARCEL 4 February 18, 2004 Page 2 • Once the final consistency review has been completed, the applicant will be required to submit two (2) blueline copies (24" X 36") of all applicable exhibits for the project file and a reproducible 24" X 36" mylar copy of the amended site plan. The mylar must be submitted, stamped "Consistency Determination", and signed by the Planning Director prior to issuance of any grading or building permits for the project. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director MJH:VL:bd c: Chris DeCerbo Frank Jimeno File Copy Data Entry ~---------------------------- SmithConsu tingArchitects January 12, 2004 Planning Department CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: SOP# 97-25 Gentlemen: On behalf of The Allen Group, we are submitting documents for a Preliminary Review on the above referenced project. We are requesting a Consistency Determination on the proposed modifications to Parcel 4 (previously indicated as Parcel 3) of SOP # 97-25. The building parameters remain consistent; however, we are proposing a modification from a two- story building to a three-story building. Please see a comparison of the building parameters below: Site Area Building Area Parking ADT SOP# 97-25 4.32 acres 77,500 S.F. 310 (@1/250) 1550 ADT(@ 0/1000) PROPOSED Same Same Same Same Additionally, the building exterior has been designed to reflect the appearance of a two-story structure, while staying consistent with the appearance, materials and colors of the existing and proposed adjacent structures. The landscape currently has increased with the adjusted setbacks to accommodate the building height. The purpose of this proposed modification is to allow for better leasing in the changing market, continuing the project's viability. 1scuss any issues or answer any questions related to this project. cc: Harve Filuk, The Allen Group 12220 El Camino Real Suite 200 San Diego, CA 92130 8s8.793-4777 858.793.4787 Fax LIP R 0 J E C T S\03Files\03187 KKC-Ph3R\03187 LTR-PiannmgOept 01120-1 doc PRELIMINARY REVIEW APPLICATION PROJECT NAME: Jtvlf~ --P-l~t-tJl 't - 04~R (Print or type) I APPLICANT (Print or type) ! * ~1/JM 0 rov IP ffmt:fh ~Jf!ihhq .Jvoh/t~f Address ti>6(Jf5 /Jirh'MA Vc/!(fu kd 2-90 Address !2-Z1..-() £/ ~ino /l_wb zQ 0 City, State & Zip . f!at-l~b.J.d; r!/Jt1 716.0 c; City,State&Zip ~h fJ(¥At (}/g. Cf1-(5() Telephone(l~~ 167 -(9/V Telephone(~'>'{~ ~ Signature Signature lj;_ ~ , . • Print Name Print Name if. 5ckJ(f . (Jf:)l V f7 5 *Owner's signature indicates permission to conduct a preliminary review for a development proposal. PRoJEcT AssEssoR's PARcEL NUMBER(s) (APN): Z"t1<.,., o'f~-W#JO -t:fO DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): 1~~ dfi~vhul {;.Li_l/tr . WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YES fll NO D PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REG~ING THIS PROJECT. IF NONE, PLEASE SO STATE. 011 Lth cdJ. . FOR CITY USE ONLY Q(L l () L{-CXJ) PROJECT NUMBER: FEE REQUIRED/DATE FEE PAID: ~~o.oo RECEIPT NO.: ~ RECEIVED BY: ... ~"';2 ---· Routing: Planning n Engineering n Fire n Other FRM0025 02/03 PAGE3of3 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: SMITH CONSULTING ARCHITECT Description Amount PRE04003 460.00 Receipt Number: R0039612 Transaction Date: 01/12/2004 Pay Type Method Description Amount Payment Check 614 460.00 Transaction Amount: 460.00 CGF" From: To: Date: Subject: Mr. Neu, <John_A_Martin@r1.fws.gov> <dneu @ci.carlsbad.ca.us> 11/29/00 9:19AM Kelly Corporate Center exterior lighting plan The exterior lighing plan for the Kelly Corporate Center has been revised, increasing the amount of light to meet the City's requirement of one foot-candle of illumination. The U.S. Fish and Wildlife Service had some concerns that the increased level of lighting might cause excessive artificial illumination of habitat for federally endangered least Bell's vireos (Vireo bellii pusilllus) adjacent to the parking lot. However, the lights are shielded such that light from the parking lot will not add appreciably to illumination of the vireo habitat. Per condition No. 13 of Carslbad Planning Commission No. 4602, I've reviewed the revised exterior lighting plan for Kelly Corporate Center. The Service concludes that the new lights will probably not have a deleterious effect on vireos. John Martin Fish and Wildlife Biologist U.S. Fish and Wildlife Service Carlsbad, CA From: To: Date: Subject: <Julie_ Vanderwier@fws.gov> <dneu@ ci.carlsbad.ca. us> 1 0/4/99 2:28PM kelly corporate center north landscape plans I received the revised landscape plans (hand-annotated 20 September [FWS]) today and have reviewed them for corrections recommended on 31 August 1999. All of the recommended changes have been made, however, it should be noted that in reference to the native revegetation plan (under zone 4-native revegetation areas) that this plan requires review and approval by the FWS/CDFG. We haven't seen the resolution to our condition that the applicant establish a non•wasting management fund for Las Encinas creek and deposit a sum which would yield sufficient monies to be used in the completion of a discrete task within the creek area annually. The last time I received information on this, the applicant's consultant mentioned a deposit amount of $12,000, which would yield approximately $600/year. I do not believe that $600/year is enough to accomplish the type of task the FWS envisioned would be completed on an annual basis. Bottom-line, we still need to discuss this issue with you and the applicant. If you have any questions regarding this e-mail correspondence, please reply same or give me a call at 760-431-9440 extension 1 03. ~ity l#lJfl.i.U.t.i•A§.ifiil,,t§.JI PLANNING COMMISSION NOTICE OF DECISION June 9, 2000 Kevin A. Noell Kelly Ranch Corporate Center I, LLC 2141 Palomar Airport Road, Ste. 300 Carlsbad, CA 92008 SUBJECT: SDP 97-25(A)/CDP 97-52(A)-KELLY CORPORATE CENTER At the Planning Commission meeting of June 7, 2000, your application was considered. The Commission voted 7-0 to APPROVE your request. The decision of the Planning Commission became final on June 7, 2000. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes fmal a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Michael J. Holzmiller, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, Planning Director MJH:DN:mh Enclosed: Planning Commission Resolution No. 4779 c: Harve Filuk P.O. Box 912 Del Mar, CA 92014 Stuart Fisk Hofman Planning Associates 5900 Pasteur Court, Ste. 150 Carlsbad, CA 92008-7317 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 <!) May 16, 2000 Kevin A Noell -c· It}/ Kelly Ranch Corporate Center I, LLC Ste 300 2141 Palomar Airport Rd Carlsbad CA 92008 ----------------------... • of Carlsbad IQFI,t,tt;t.I•X§.fiili,J§.ii SUBJECT: SOP 97 -25/CDP 97-52 -KELLY CORPORATE CENTER The preliminary staff report for the above referenced project will be available for you to pick up on Friday, May 19, 2000, 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 May 30, 2000. A twenty (20) minute appointment has been set aside for you at 10:00 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your 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. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Don Neu at (760) 602-4612. CITY OF l~D _ ,_T;~li!Jrc{ ,(v~/~:~NE ' Assistant Planning Director GEW:DN:cs c: Harve Filuk, P 0 Box 912, Del Mar, Ca 92014 Stuart Fisk, HPA, Ste 150, 5900 Pasteur Ct., Carlsbad Ca 92008-7317 File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600. FAX (760) 602_8559 (!) } April 24, 2000 Kevin A. Noell Kelly Ranch Corporate Center I, LLC Suite 300 2141 Palomar Airport Road Carlsbad, CA 92008 SUBJECT: SOP 97-25/CDP 97-52-KELLY CORPORATE CENTER DELETION OF A TRAFFIC MITIGATION MEASURE Your application has been tentatively scheduled for a hearing by the Planning Commission on June 7, 2000. However, for this to occur, you must submit the additional items listed below. If the required items are not received by May 18, 2000, 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 . Please submit the following plans: A) One 8 Yz" x 11" copy of your reduced site plan, building elevation and floor plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. 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 within a 600 foot radius of the subject property, including the aP,plicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. 1635 Faraday Avenu~ • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 (!} ·( SDP 97-25/CDP 97-52 .ELLY CORPORATE CENTER DELETION OF A TRAFFIC MITIGATION MEASURE April 1 8, 2000 Page 2 B) Mailing Labels -two (2) separate sets of mailing labels of the Property Owners within a 600 foot radius of the subject property. The Jist must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 MRS JANE SMITH APT 3 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 123 MAGNOLIA AVE CARLSBAD CA 92008 Carlsbad, CA 92008 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 Jots should be consecutively numbered and correspond with the property owner's Jist. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee -a fee shall be paid for covering the co!it of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, Don Neu, AICP Senior Planner DN,mh Stuart Fisk, Hofman Planning Associates Attachment . i. 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 APPLICANT OR APPLICANT'S REPRESENTATIVE BY: ---------------------- DATE: ------------------ RECEIVED BY DATE: _____________ __ April 12, 2000 Kevin A. Noell • City Kelly Ranch Corporate Center I, LLC Ste 300 2141 Palomar Airport Road Carlsbad CA 92008 '-of Carlsbad I#OJFI;t.ii,J.MaX§.fiii .. t§.il SUBJECT: SOP 97-25/CDP 97-52 -KELLY CORPORATE CENTER REVISION TO A TRAFFIC MITIGATION MEASURE The items requested from you earlier to make your revised Environmental Impact Assessment and Transportation Analysis, application no. SOP 97-25/CDP 97-52 complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Don Neu, at (760) 602-4612, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, Planning Director MJH:DN:cs c: Adrienne Landers Frank Jimeno File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ , ( March 31, 2000 Kevin A. Noell e City Kelly Ranch Corporate Center I, LLC 2141 Palomar Airport Road, Ste 300 Carlsbad CA 92008 e of Carlsbad I i1 @I h ,J I .t. I •X§ ·fl I I; .I§ ,J I SUBJECT: SOP 97-25/CDP 97-52-KELLY CORPORATE CENTER REVISIONS TO TRAFFIC MITIGATION MEASURE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning and Engineering Departments have reviewed your Environmental Impact Assessment Form and Revised Transportation Analysis, application no. SOP 97-25/CDP 97-52, as to its completeness for processing. All of the items requested of you earlier have not been received and therefore your application is still deemed incomplete. Listed below are the item(s) still needed in order to deem your application as complete. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. 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, January 25, 2000, 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. Please contact your staff planner, Don Neu, at (760) 602-4612, if you have any questions or wish to set up a meeting to discuss the application. · Sincerely, Planning Director MJH:DN:cs c: Adrienne Landers Frank Jimeno John Kim File Copy Data Entry Planning Aide Stuart Fisk, Hofman Planning Associates, 5900 Pasteur Ct, Suite 150, Carlsbad, CA 92008 Harve Filuk, P.O. Box 912, Del Mar, CA 92014 1635 Faraday Avenue ·• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 {!) ( LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. SDP 97-25/CDP 97-52 Planning and Engineering: 1. Attached are comments from the Engineering Department on the March 15, 2000 Transportation Analysis for the project. Please revise the Transportation Analysis as requested by the Engineering Department and submit three copies of the updated document. TRANSPORTATION ANALYSIS for KELLY CORPORATE CENTER Prepared for The Kilroy Realty Corporation Final March 1, 1999 ~ Revised March 15, 2000 ?'1. y) {/ _)t' --(/ ,,. 1J/rrtt? ©URBAN SYSTEMS ASSOCIATES, INC. TRAFFIC PLANNING & ENGINEERING, MARKETING & PROJECT SUPPORT CONSULTANTS TO INDUSTRY AND GOVERNMENT 4540 Kearny Villa Road, Suite 106 San Diego, California 92123-1573 (858) 560-4911 Kelly Corporate Center March 15, 2000 ©Urban Systems Associates, lr The levels of service for street segments between intersection were determined using a capacity per lane of 1 ,800 vehicles per hour and volume to capacity ratios corresponding to levels of service at "D" for peak hours and at "C" for non peak hours at both intersections and street segments. Intersection Levels of Service Intersection peak hour levels of service for existing conditions, are shown in Table 1. As shown, sections are currently operating within the Growth Management Performance Standard which requires a level of service which is at least "D" during peak hours. tJerr -r~·. U~/f"P.<V ~/~<'? ~~ "N\OI'-\.\,.owz..€:.v ~ ~P.IL-t~'-~ 1~.99 f. 199.9. Street Segment Levels of Service Table 2 shows street segment levels of service within the study area. As shown, all evaluated street segments are currently operating within level of service "D" during peak hours. ill·. 002495A 10 2495a-rpt TABLE 1 EXISTING CONDITIONS INTERSECTION LEVELS OF SERVICE AM Peak Hour INTERSECTION Palomar Airport Road I Avenida Encinas Palomar Airport Road 11-5 SB Ramps Palomar Airport Road 11-5 NB Ramps Palomar Airport Road I Paseo Del Norte Palomar Airport Road I Armada Drive Palomar Airport Road I Hidden Valley Road Palomar Airport Road I College Boulevard Palomar Airport Road I Camino Vida Roble Palomar Airport Road I El Camino Real College Boulevard I Faraday Avenue College Boulevard I El Camino Real ICU = Intersection Capacity Utilization LOS = Levei of Service ICU 0.50 0.54' 0.79/ 0.72 0.57 0.67 0.64 ~ -f.A~/~P' \So ?1&VV#v!flf ~; \•"-a t:M,-\-~f}.f-,1 ~ t'i}~f -to \11<;~\\ M.<Y-krnd (l.(-or.LL.'( \A--tte~ ~~' 'NB~ w \3 Affrc?~es ~~eru { el \'Mfi 1\Je--\...Q5.- LOS A/ A' c..-- c..-- A,.., B Vl.se--?t+y--~tu&fkeJ-4'11'\W~ ~ \....05 u.IC~Aiations-tl1vo~ko14.+ ~-tv-.Cx Ma>i4 JtM~ ~J-A\l Ste1t.~o-los blfse~ oVJ 111~s.e--ee:ot.-Ytti$. KEJ.L Y C~AlE CENTER PMPeakHour ICU LOS 0.69/ B/ . o.;4/C ' 0.72-c- 0.71/ c,., 0.65-B,.... 0.62-B cr-: LOS ICU A 0.00-0.60 B 0.61-0.70 c 0.71-0.80 D 0.81-0.90 E 0.91 -1.00 F Over 1.00 'M-.r-ch.-2o-oo--------URBAN SYSTEMS----------"" CD-H Kelcor01H.wb3 . 11 002~6'A " TABLE& EXISTING PLUS PROJECT CONDITIONS INTERSECTION LEVELS OF SERVICE· INTERSECTION Palomar Airport Road I Paseo Del Norte Palomar AirpQrt Road I Armada Drive Palomar Airport Road I Hidden Valley Road Palomar Airport Road I College Boulevard Vida Roble College Boulevard I Faraday Avenue College Boulevard I El Camino Real ICU = Intersection Capacity utilization LOS = Level of Service ..... ~ AM Peak Hour ICU 0.50 0.60 0.88 0.78 0.63 0.78 0.70 0.55 0.81 0.74 0.51 LOS A A D ·.·C 8 c B A D c A PM Peak Hour ICU LOS A B c D E F LOS c B c c JCU 0.00-0.60 0.61-0.70 0.71-0.80 0.81 -0.90 0.91 -1.00 Over 1.00 KEU. Y C0Jii70R.A TE CENTER ~Mar~att.~2o~oo-------URBAN SYSTEMS---------__, IJ02UJ6A ,..,... .u .,_, __ ,,...., .--.o TABLES EXISTING PLUS PROJECT PLUS. OTHER PROJECTS INTERSECTION LEVELS OF SERVICE AM Peak Hour PMPeakHour INTERSECTION ICU = Intersection Capacity Utilization LOS = Levf!l1of Service ICU 0.50 0.60· 0.89 0.77 0.64 0.78 0.70 0.57 0.81 0.74 0.51 LOS A A D :c. .B c B A D c A ICU LOS 0.81 D 0.72 c 0.72 c 0.80 c 0.62 B LOS ICU A 0.00-0.60 B 0.61-0.70 c 0.71-0.80 D 0.81-0.90 E 0.91 -1.00 F Over 1.00 KELL. Y CORPORATE CENTER ~M~arc~11.""""'2oo~o--------URBAN SYSTEMS-----------' 002UJ5A APPENDIX A I-5 SaalhiMNDd llampl It ,.._Airport RaM x.-CGafipr.llioa a IDrcnel:lian c~ Uli1izllliDD ft. Hr. T'-Perio4 : 5:00PM to 6:00PM SCIIIIh Appr (NBl NOI1h Appr (SBl 1· 1 WacAppr@l 1 PAGE 6 OF 21 Pap3of3 1 1 KS.J. y ~1E CI!N1ER ~~~-----------~BANSYSTBVS~--------~~~~ ::I ~ 0 >-·!::: ~ ~ c. __tj t ::a ~ 5 -< ~ 0 ~ :I ~ ~ -0 • § ~ ·~ ~ ~ ~ll \ KEl.l. Y C~TE CENTER ~ ~ ij., .J PAGE 14 OF 21 PAGE 01' ·. " I~ 'fA' • \~ ..(o ~~~ [~· ~ [\- 1,~ ~· ' . ) J ~~~~~-----------~BANSYSTEAfS------------~--~ APPENDIX A PAGE 17 OF 21 ~·~'ptj I'JCamiaoRal at l'llamar Airport ... La. CoafipnlioD bi'DiaiiOCiiaa ~ UtiliDriaa Pllplof3 Pt. Hr. TaM'Pcziod: Soalb~Qml Norlb w .. 7:UAM ID 1:15AM Left ..I!!!. Left ...l!!!... ...!ii!!L ~ fallid. 1 1 1 Coda· o.ft) l 1 1 ...... 3 1 l 1 4 l 1 I ' l 1 1 1 ' l Oaaidl 7 ~ ~Scalap 0 l 3 Cqlcily 1100 0 3240 6000 Aft d. NcdiiSoada pUa lplil (YIN)'l ss \A r" ~"" Aft d.l!allfW .......... (YIN)'l· ~ I.ai& F.III:IW 0.10 .J>. ~A BaadyVoillaM 3l 36 451 ~ o 't oCL-,-1.· ~ BaudyVolama 3l 0 451 ~ .. UliiiZIIioa Flll:lat o.o:z 0.00 0.14 0.51 ~ 6-; CziiiAI Factoa 0~; fsd' ,\. ICUR.IIIio • l,f'(' LOS• A' I~' -;p ~9~'\ ( Tamia&MOYaiiCIID alulw lldiaa of: a CaadDa RaJ ..... ~I ~ce- r .. : 7:15AM ID (N\~l'~ 1:15AM N011b Approa EICamiDoRal 0..: 9l'li9'J vas[!.' D~~J:'Illlladay 3173 I!!!,_ N-: ADpl, c-. O.C... llidl 1513 1590 SulltDI* I Sab-341 592 eo Sub· ~ -!!I!!IL. ..J + -L. ..!!!!!!!.. ...IIIriiL w E • 1633 _j L. a I 2415 • 126 ,1, • • 712 620 _... t +--1260 2634 t 36 + r 451 1 ,. Narda A p 1670 p p 'I t I ' r r 3l . "547 400 Palonlu'Airparta.o-1 • ....... 1015 m !!!!!!_ 20M ~t•\~A Soadl ApploKia N1111: LaD-tamwa..-..... t1-IIIIIIL t1-CIInla iD llold. KJ!U. y CQfiiC'GWA 1E CEN7ER ~~~-------URBANSYSTEMS-------(J(J,k.--"'•IN!IA APPENDIX A 1r"\; . u -1B)j.' ·= ;. < ·j: ·~ · •.• .Q ~ E > t: ~. Q.; -~ ., > Q 2 ~ §. a.. < 0 llQ > ·!i ~ ~ ~ g· ~ § ~ ll -~ ~ I ~ H PAGE 19 OF 21 PAGE Of' ! - \ 0 ";D !. ; Q ... .. ~ .~ ~~ ~ 'r, ·~ ~ ~ .);. g - KB.I. Y CQFORA 1E CENTER ~~~------------URBANSYSTEAIS-----------------' APPENDIX E PAGE 6 OF 13 URBAN SYSTEMS ASSOCIATES, INC. 4540 Kearny. VIa Road, SLfte 106 JOB-------------- SAN DEGO, CALFORNA 92123 ·(Ill) !110-Ull i _l ; ! 1 . ., , .. ..... .. Oil! ..... I.J~ , ... ") ' ' SHEET NO. s=H ,,., 'Z./Ar ,, CALCULI' TED BY _____ _ CHECKEDB'1'------ SCALE ' OF DIITE DIITE J f ! ' ; ! )(1 '-~ --1--!--l--!--1---1~--+~-'----· · -•c , · ·-·. . 1 _ W. IC.i ..... ~.m·• ~~c.:~itt ~~A. 1 '" rra ;co~ .,:b r.a, .... L· c.~ Itt '• r i i --df!!II}IOL--IIIII. KB.J. Y Ct:WPOHA 1E CENTER ~F!""!"ebl'-ua-,,.-1888-. -------URBAN SYSTEMS----------' CD-F K.tcor•APD-I.dwg • e City of Carlsbad liJfhh•llei•i•J§.fblllel§bl February 22, 2000 Kevin A. Noell Kelly Ranch Corporate Center I, LLC 2141 Palomar Airport Road, Ste. 300 Carlsbad, CA 92008 SUBJECT: SDP 97-25/CDP97-52 -KELLY CORPORATE CENTER REVISIONS TO TRAFFIC MITIGATION MEASURE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Environmental Impact Assessment Form and revised Traffic Study sections, application no. SOP 97-25/CDP 97-52, 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. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. 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, January 25, 2000, 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. Please contact your staff planner, Don Neu, at (760) 602-4612, if you have any questions or wish to set up a meeting to discuss the application. MJH:DN:mh c: Adrienne Landers Frank Jimeno John Kim File Copy Data Entry Planning Aide Stuart Fisk Hofman Planning Associates 5900 Pasteur Court, Suite 150 Carlsbad, CA 92008 Harve Filuk P.O. Box 912 Del Mar, CA 92014 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 (!} • ' • LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. SOP 97-25/CDP 97-52 -KELLY CORPORATE CENTER PROPOSED RIVISION TO THE TRAFFIC MITIGATION MEASURE Engineering & Planning: 1. The application cannot be accepted as complete until a completely updated revised report which is based on the latest traffic counts is submitted, reviewed and accepted by the Engineering Department staff. The traffic study shall include in accumulative analysis other projects proposed in the area such as the Costco Store Expansion, Costco Gasoline Station Expansion, and Oscar's Restaurant planned for the existing pad adjacent to the main access point to the Costco site. ISSUES OF CONCERN Engineering and Planning: 1. The required traffic study must demonstrate that the circulation system functions within the Growth Management Program Circulation Performance Standard in order for city staff to recommend revising the traffic mitigation measure requiring the construction of Cannon Road prior to the issuance of building permits. 2. Environmental documents cannot be prepared and a finding noticed until a traffic study is submitted and approved by the Engineering Department staff. 3. Planning Commission approval is required to revise the traffic mitigation measure. • • e Hofman Planning Ass o c ate s Planning Project Management Fiscal Analysis January 6, 2000 DonNeu City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 • Subject: Request for an Amendment to Mitigation Measure No. 13 of the Environmental Mitgation Monitoring Checklist (Planning Commission Resolution No. 4601) for the Kelly Corporate Center (SDP 97-25) Dear Don: We hereby request an amendment to Mitigation Measure No. 13 of the Environmental Mitigation Monitoring Checklist (Planning Commission Resolution No. 4601) for the Kelly Corporate Center (SDP 97-25). This mitigation measure states that "Prior to issuance of building permit, construction of Cannon Road Reach 2 shall be underway to the satisfaction of the City Engineer". This amendment is requested due to the short term uncertainty of the Cannon Road "Reach 2" completion date. The attached "alternative analysis" (Urban Systems Associates; January 6, 2000) identifies two alterative diversions routes from Palomar Airport Road in the absence of Cannon Road "Reach 2". These diversion routes are: 1) Cannon Road between Lego Drive and Faraday Avenue and the Faraday Avenue connection to Cannon Road and 2) Aviara Parkway south of Palomar Airport Road through to Poinsettia Lane. We are requesting that Mitigation No. 13 be amended to require the above diversion routes in place of Cannon Road "Reach 2". Hopefully the alternative analysis provides the information the City needs to begin processing an amendment to Mitigation Measure No. 13. If you have any questions or need any additional information please call me at 438-1465. Sincerely, ~ Stuart Fisk cc. JohnKim Frank Jimeno Harve Filuk 5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760) 438-1465 • Fax: (760) 438-2443 .. URBAN SYSTEMS lsoCIATES, INC. PLANNING & TRAFFIC ENGINEERING, MARKETING & PROJECT SuPPORT CONSULTANTS TO INDUSTRY AND GoVERNMENT ATTN: john Kim, Associate Engineer-phone: ,. fax: ,. COMPANY: City of Carlsbad Engineering Department Sam P. Kab, II~~/\11}~ (760) 438-1161 x.4500 (760) 438-0894. FROM: TOTAL PAGES : 2 + 9 page attachment DATE: January 6, 2000 TIME: 8:37AM TRANSMITTED VIA: Messenger SUBJECT: KELLY CORPORATE CENTER YEAR 2005 ANALYSIS WITHOUT CANNON ROAD "REACH 2" I am providing an alternative analysis for Year 2005 without Cannon Road "Reach 2". Please note the following during your review: #002495 • Cannon Road between Lego Drive and Faraday Avenue is under construction and is assured of completion, probably this year. The Faraday Avenue connection to Cannon Road is under construction and is assured of completion. These two roadways will provide a diversion route in the absence of Cannon "Reach 2". • Aviara Parkway is currently under construction south of Palomar Airport Road and is assured of completion this year. This connection through to Poinsettia Lane was not previously assumed. This connection through to Poinsettia Lane is also a diversion route for traffic growth on Palomar Airport Road. Page 1 of 2 E:\01-06-00sk-jk 4540 KEARNY VIUA ROAD, SUITE 106 • SAN DIEGO, CA 92123-1573 • (858) 560-4911 • FAX (858) 560-9734 john Kim january 6, 2000 Urban Systems Associates, Inc. • I have assumed the previously diverted traffic onto Cannon Road "Reach 2" is diverted to Aviara Parkway(Poinsettia Lane(I- 5. By calculation, there is plenty of capacity along this route, so no additional impacts have been identified. Provided attached are: • Revised Year 2005 Plus Project chapter of the final March 1, 1999 Transportation Analysis for Kelly Corporate Center. • Revised Appendix D with additional calculations and analysis for the without Cannon Road "Reach 2" alternative. Please call to discuss these revisions. cc: Harve Filuk Bill Hofman #002495 Page 2 of 2 E:\01-06-00sk-jk • Kelly Corporate Center January 6, 2000 YEAR 2005 PLUS PROJECT ©Urban Systems Associates, Inc. Year 2005 background traffic increases on Palomar Airport Road were estimated by averaging the past four year's increases in peak hour traffic volumes along Palomar Airport Road, and increasing the intersection approach volumes by that amount through Year 2005. Appendix D includes previous volumes and yearly average percent increases applied to Year 1998 volumes. The Cannon Road connection to El Camino Real is expected to be completed prior to Year 2005, so that if volumes increase along Palomar Airport Road to a level that causes excessive travel delay, traffic is assumed to partially shift onto Cannon Road, a parallel route. Figure 13 shows, the A.M., and Figure 14 shows the P.M. peak hour projections for the Year 2005 scenario with multi-tenant office uses project traffic added. For this scenario Cannon Road "Reach 2" is assumed to be completed through to El Camino Real, but the missing segment of College Boulevard south of Palomar Airport Road is not assumed to be finished. College boulevard north to Lake Avenue, Faraday Avenue to Melrose Drive, and Melrose Drive from the Vista city limit to Palomar Airport Road are all segments assumed to be completed by the Year 2005. Street segment levels of service are shown in Table 7. As shown, all street segments are projected to operate within an acceptable range consistent with the Growth Management Plan guidelines. 002495A 29 KellyCorp3-99kp Kelly Corporate Center January 6, 2000 ©Urban Systems Associates, Inc. Intersection peak hour levels of service for. the short term future (Year 2005) conditions with the project assumed as multi-tenant offices are shown in Table 8. The only mitigation assumed are those measures recommended in the LFMP Zone 13 traffic report. The LFMP Zone 13 recommendations are also included in Appendix D. These recommended mitigation measures are the responsibility of other developments and not of the project. All intersections which were evaluated are projected to operate within the Growth Management Plan guidelines with no significant traffic impacts from the Kelly Corporate Center project assumed as multi-tenant office uses. However, during the short term future, prior to Year 2005, the Cannon Road "Reach 2" connection completion is uncertain so that an alternative short-term analysis is provided. Under the alternative analysis, Cannon Road between Lego Drive and Faraday Avenue is considered completed by Year 2005, and Faraday Avenue from Cannon Road to the current Faraday Avenue roadway end is also assumed to be completed, since these roadways are currently under construction. Aviara Parkway between Palomar Airport Road and Poinsettia Lane is also assumed to be completed, since this segment is currently under construction. With the absence of Cannon Road "Reach 2", the buildup of traffic on Palomar Airport Road during the short term future would be able to divert to Faraday Avenue and Cannon Road west of Faraday Avenue and utilize the currently under used interchange at Cannon Road/1-5. Traffic could also divert from Palomar Airport Road to Aviara Parkway, to Poinsettia Lane, and to the under used Poinsettia Lane/1-5 interchange. 002495A 33 KellyCorp3-99kp Kelly Corporate Center January 6, 2000 ©Urban Systems Associates, Inc. The peak hour intersection analysis (included in Appendix D) indicate acceptable levels of service at intersections affected by this diversion of traffic from Palomar Airport Road for this alternative without Cannon Road "Reach 2" in Year 2005. Specifically, along Cannon Road, the 1-5 ramp intersections, the Paseo Del Norte and Lego Drive intersections are projected at acceptable levels of service. The I-S/Poinsettia Lane intersections, the Paseo Del Norte/Poinsettia Lane intersection, and the Poinsettia Lane/Aviara Parkway intersection are all projected at level of service "D" or better in Year 2005 for this alternative. Therefore, it can be concluded that in the absence of Cannon Road "Reach 2" in Year 2005, the Growth Management Plan circulation performance standard of at least level of service "D" during peak hours can be expected for study area roadways and intersections. Year 2005 with project peak hour intersection level of service worksheets are included in Appendix D. 002495A 34 Ke/lyCorp3-99kp ---~-------------------------------------- TABLES YEAR 2005 CONDITIONS WITH MUL Tl-TENANT OFFICE PROJECT INTERSECTION LEVELS OF SERVICE AM PEAK HOUR INTERSECTION ICU LOS ·~ -.... -.. Palomar Airport Road 11-5 SB Ramps 0.64 B Palomar Airport Road 11-5 NB Ramps 0.85 D Palomar Airport Road I Paseo Del Norte 0.74 c Palomar Airport Road I Armada Drive 0.72 c Palomar Airport Road I Hidden Valley Road 0.71 c Palomar Airport Road I College Boulevard 0.64 B Palomar Airport Road I Camino Vida Roble 0.54 A Palomar Airport Road I El Camino Real 0.78 c PMPEAKHOUR ICU LOS -.-· .-::,_··:·· .· 0.50 A 0.90 D(1) 0.87 D 0.78 c 0.64 B 0.75 c 0.65 B 0.82 D College Boulevard I Faraday Avenue 0.71 c -0.58 A College Boulevard I El Camino Real i :~' ''> . ::<." >_,·. ,!·:'· ·.:: :_: . ICU =Intersection Capacity Utilization LOS = Level of Service 0.76 (1) Construction of Cannon Road "Reach 2" redistributes WB to NB right tum so that LOS is mitigated to LOS "D". 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