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Home My WebLink About2002-09-18; Planning Commission; ; CUP 02-03|CDP 02-04 - NATIONAL UNIVERSITYle City of Carlsbad PJanutng Departm, A REPORT TO THE PLANNING COMMISSION P .C. AGENDA OF: September 18, 2002 Item No.@ Application complete date: April 9, 2002 Project Planner: Samia Qureshy Project Engineer: David Rick SUBJECT: CUP 02-03/CDP 02-04 -NATIONAL Ul\11VERSITY -Request for approval of a Conditional Use Permit and a Coastal Development Permit for the operation of a branch of National University in an existing building at the Carlsbad Pacific Center, located at 705 Palomar Airport Road, south of Palomar Airport Road and within Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5277 ADOPTING the :.Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Planning Commission Resolutions No. 5278 and 5279 APPROVING CUP 02-03 and CDP 02-04, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant, National University, is requesting authorization to operate a branch of National University in an existing building located at 705 Palomar Airport Road. The subject site is zoned ·'Industrial". Pursuant to the Zoning Ordinance, in an Industrial Zone, a Conditional Use Permit is required to operate a public or private school. Since the site is also located within the boundaries of the Local Coastal Program, a Coastal Development Permit is also required for the operation of the said University. The subject building ,vas originally approved by the Planning Commission as Carlsbad Pacific Center Phase III, under SDP 98-23/CDP 98-89. National University is a non-profit accredited institute of higher education ,vith facilities throughout California, offering both undergraduate and graduate program opportunities to a diverse population of adult learners. The Carlsbad branch of National University will occupy 18,000 square feet of the 41,000 square foot building and ·will operate from 5:30 pm to 10:30 pm during weekdays and from 8:30 am to 5:30 pm on Saturdays. ID. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a Conditional Use Permit and a Coastal Development Permit to occupy 18,000 square feet of an eAisting 41,000 square foot office building located at 705 Palomar Airport Road to operate a branch of National University. The subject building has a total area of 41,000 square feet on a 2.05 acre lot, located on the east side of AYenida Encinas, south of Palomar Airport Road and west of Interstate 5. The subject building is located with two other existing office buildings in a campus like setting. The subject building was originally approved as an office building by the Planning Commission under SDP 98-23, Carlsbad Pacific Center Phase III. The other two buildings in this campus are also three story structures with 0 CUP 02-03/CDP 02-04 -ITIONAL l..JJ\TIVERSITY September 18, 2002 Page2 50,765 square feet and 44,200 square feet. The first two buildings were built in 1986 and 1988 and were parked at a ratio of one space per 300 square feet in accordance ,vith the requirements at that time. The subject building which was Phase III of Carlsbad Pacific Center provides 164 parking spaces at a ratio of one space per 250 square feet. Access to the site is from A venida Encinas. The applicant is proposing to use 4,555 square feet on the first floor and the entire 13,445 square feet of the second floor. The remaining space on the first floor and the entire third floor are to be used by other building tenants. The proposed hours of operation of National University are weekday evening classes from 5:30 pm to 10:30 pm and Saturdays from 8:30 am to 5:30 pm. The anticipated number of students attending the University each evening is approximately 320. In addition to the students, about 27 other staff and faculty members will also be present during class times, working as instructors and clerical staff. IV. ANALYSIS The proposed project is subject to the following plans. ordinances, and standards as analyzed within this section of the staff report: A. Planned Industrial (PI) General Plan Land Use Designation; B. Industrial Zone (M) (Chapter 21.32 of the Carlsbad Municipal Code); C. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal Code); D. Comprehensive Land Use Plan for McClellan-Palomar Airport; E. l\follo II Segment of the Local Coastal Program, Coastal Development Procedures, and the Coastal Resources Protection Overlay Zone (Chapter 21.201, 21.203 and 21.205); F. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). A. Planned Industrial (PI) The General Plan and the Local Coastal Program has designated those areas as Planned Industrial which are currently used for, proposed as or adjacent to industrial development including manufacturing, warehousing, storage, research and development and utility use. The proposed use of a private university is consistent with this designation since the Zoning Ordinance allows this use with a Conditional Use Permit. The Zoning Ordinance implements the General Plan by regulating the distribution and intensity of land uses in such categories as residential, commercial and industrial. B. Industrial Zone (M) The zoning designation of the subject site is M, Industrial Zone. The M zone allows industrial uses as well as uses permitted in the Commercial-Manufacturing zone, which allows heavy commercial, limited industrial and other commercial and industrial businesses as well as office buildings. The proposed use of a private university in an existing office building is a permitted CUP 02-03/CDP 02-04 -'TIONAL UNIVERSITY September 18, 2002 Page3 - use in this zone pursuant to Chapter 21.42 of the Zoning Ordinance, provided a Conditional Use Permit has first been obtained. The existing building which was previously approved under SDP 98-23 as Carlsbad Pacific Center Phase ill is consistent with all the applicable development standards and requirements of the M zone. Parking Requirements The parking area associated ,vith Phase ill of Carlsbad Pacific Center is developed with 164 parking spaces, and the entire Carlsbad Pacific Center, including Phase ill, contains 486 spaces. The CC&Rs for the Carlsbad Pacific center allow joint use of the entire parking area by all tenants in the complex. The required number of parking spaces pursuant to Section 21.44.020 of the Zoning Ordinance for colleges/universities is one space per employee plus one space for each three students. The subject facility proposes to have a total of 320 students and 27 faculty and staff members. Parking spaces that are required for this facility are: • 107 spaces for students (320/3) and • 27 spaces for staff (1 space/employee) • Total required spaces for National University= 107+27 = 134 Since National University will be occupying 18,000 square feet out of a total of 41,000 of the subject building, the remaining 23,000 square feet will be utilized as office space and will need 92 parking spaces at a ratio of one space per 250 square feet. Required number of parking spaces (National University and remaining office space)= 134 +92 = 226 spaces Section 21.44.050 of the Zoning Ordinance allows joint use of parking facilities for a night time and day time use and states that up to 50 percent of the required parking facilities for a night time use may be provided by the parking facilities of a day time use, provided such reciprocal parking area is subject to conditions contained in section 21.44.050(a)(4)(D) of the ordinance. The proposed operating hours of National University are from 5:30 pm to 10:30 pm and from 8:30 am to 5 :30 pm on Saturdays. Based on these proposed hours of operation, the subject use can be considered a joint use with the other office uses on-site since it will not be in conflict with the existing offices onsite. National University Remaining office Sub-total (320 students, 27 employees) space (23,000 sf) Required Parking 134 spaces 92 226 (Calculated separately) Required Parking 67 (50% reduction) 92 159 (Based on ioint use provision) Total Available Parking for 164 164 subject building 7 CUP 02-03/CDP 02-04 -'TIONAL UNIVERSITY September 18, 2002 Page4 The applicant's traffic report for the proposed project conducted a field survey of the site to determine availability of parking spaces from 4:45 pm to 5:45 pm on two typical weekdays. The report concludes that the subject parking lot utilization was from 13% to 34% during the time of the day mentioned above. Based on these findings, and provision for joint use of parking space in the Zoning Ordinance, the proposed project will have more than the required number of parking spaces available. C. Conditional Use Permit Regulations Conditional uses such as public or private schools and universities possess unique and special characteristics which make it impractical to include them as permitted uses "by right" in any of the various zoning classifications (i.e., residential, commercial, office, industrial). The authority for the location and operation of these uses is subject to Planning Commission review and the issuance of conditional use permits. The following required conditional use permit findings for the proposed project can be made: 1. The proposed use is: a) necessary and desirable for the development of the community in that the community benefits of a university include a higher education facility which offers undergraduate and graduate programs to a diverse population of adult learners; b) consistent with the General Plan in that the Planned Industrial land use designation does not preclude the provision of a university; 2. The proposed site is adequate in size and shape to accommodate the use in that the building is existing and there will be no changes to the exterior design also existing on- site parking meets the required number of parking spaces for the proposed use with the provision of joint use parking; 3. All features necessary to adjust the requested use to the existing use are provided in that the proposed use will be located in an existing building and other than interior improvements, there will be no physical changes at the site; and 4. The street system serving the proposed use would not be impacted by the proposed conditional use in that the project is conditioned to mitigate the possible traffic impacts as explained below: Traffic and Circulation Projected Average Daily Traffic (ADT): 690 ADT with 345 inbound trips occurring in the pm peak hour and no trips occurring in the am peak hour. A Traffic Impact Analysis was completed by RBF Consultants to analyze the project's potential traffic impacts on the surrounding streets. Since class hours would be restricted to weekdays between 5:30 pm and I 0:00 pm, the report focused on evaluating project impacts on the surrounding circulation system during the evening peak period. No trips are expected to occur in the morning. The report analyzed existing, cumulative, and buildout (2020) conditions. Up to seven signalized intersections were studied, but the intersection of A venida Encinas and Palomar Airport Road and the section of A venida Encinas between the project entrance and Palomar 7 CUP 02-03/CDP 02-04 -•TIONAL UNIVERSITY September 18, 2002 Page5 - Airport Road were the street sections most likely to be impacted and became the focus of a queuing analysis. A queuing analysis was prepared to determine if adequate spacing exists between the project access and Palomar Airport Road to accommodate the south bound left-tum movement at the project drive and the northbound left-tum movement at Avenida Encinas and Palomar Airport Road intersection for a back-to-back left-tum pocket configuration. The analysis showed that there is sufficient storage capacity to accommodate the forecast northbound left-tum movement at A venida Encinas and Palomar Airport Road intersection for buildout conditions. However, an additional 125 feet of storage capacity is required to accommodate the southbound left-tum movement into the project site bringing the total lane length to 225 feet. This additional lengthening of the left-tum pocket can be accommodated without shortening the 100-foot northbound left-tum lane. The project is conditioned to require the applicant to modify the striping accordingly. Another area of concern is the potential for congestion within the westbound left-tum-lane at the Palomar Airport Road/Avenida Encinas intersection between 5:00 pm and 5:30 pm. The existing left-tum pocket is 135 feet long with a 90-foot transition. The project is expected to add 259 vehicles to this left-tum pocket bringing the total volume to 344 vehicles between 5:00 pm and 5:30 pm. Based on the queuing analysis, the queue would exceed the left-tum lane's capacity under the signal's current operation. However, the report suggests that the lane should be able to accommodate the expected traffic if certain mitigations were imposed. One recommendation is to modify the traffic signal timing to allow for conditional left-tum phasing. Conditional left- turn phasing means that the left-tum phase would be allowed to go before and after the opposing eastbound through movement, thus doubling the left volumes. The other recommendation is to redistribute the project trips by requiring National University to distribute driving directions and/or recommended route maps to students during orientation giving information on taking either the Cannon Road or Poinsettia Lane exists from Interstate 5. Staff is proposing that National University distribute recommended driving directions and/or maps to students and faculty. The project has been conditioned accordingly. Staff does not recommend conditionally phasing the left-tum signal at this time. The City Transportation Department would monitor the intersection and if necessary, adjust the traffic signal cycle times and/or conditionally phase the left-tum signal. Staff does not want to adjust the signal unless necessary since such adjustments would most likely result in an increase in delays on all other approaches to the intersection. D. Comprehensive Land Use Plan for :McClellan-Palomar Airport The proposed project is consistent with the Comprehensive Land Use Plan (CLUP) for McClellan-Palomar Airport. The subject property is located within the 60 dB CNEL noise contour for the Airport. Due to this location, the CLUP requires an acoustical analysis to assure that interior noise levels v.rill not exceed 45d.B CNEL. The acoustical compliance survey conduced for the University confirms that interior noise levels will be consistent with the CLUP requirement of 45 dB CNEL without any additional mitigation measures. CUP 02-03ICDP 02-04--TIONAL UNIVERSITY September 18, 2002 Page6 E. Mello II Segment of the Local Coastal Program The proposed conditional use permit for National University in an existing building is consistent with the relevant policies of the Mello II Segment of the Local Coastal Program and the Coastal Resources Protection Overlay Zone. The project site has been previously disturbed and is developed with the subject building, Carlsbad Pacific Center. The proposed project will not obstruct views of the coastline as seen from public lands or the public right-of-way or otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the developed property. The proposed project is not located on an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site since it is not located between the first public road and the ocean, and no public access requirements are conditioned for the project. There are no steep slopes or natural vegetation on the subject site. The project will not have drainage impacts on coastal resources. F. Growth Management Ordinance The proposed project is located within the Local Facilities Management Zone 3 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in the table below: GROWTH MANAGEMENT COMPLIANCE Standard Impacts Compliance City Administration NIA NIA Library NIA NIA Wastewater Treatment Encinas Yes Parks NIA NIA Drainage BasinC Yes Circulation 690ADT Yes Fire Station No. 4 Yes Open Space NIA NIA Schools NIA NIA Sewer Collection System lOEDU Yes Water 2,220GPD Yes V. ENVIRONMENTAL REVIEW The project constitutes conversion of an existing office building into a campus for National University. The subject site is already improved ,vith the existing building and the applicant is proposing to make interior improvements to accommodate the proposed use. No environmental impacts which have not been mitigated by the project have been identified. The site is currently developed with an office building and is located within an urban area, south CUP 02-03/CDP 02-04 -•TIONAL UNIVERSITY September 18, 2002 Page7 - of Palomar Airport Road and east of Avenida Encinas. There is no habitat onsite that may contribute to a preserve system nor are there any sensitive plant or animal species which must be preserved. Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant impact on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but mitigation measures agreed to by the applicant, would avoid or mitigate the effects to a point where clearly no significant effect on the environment would occur, and there is no substantial evidence in light of the whole record that the project "as revised" may have a significant impact on the environment. In consideration of the foregoing, the Planning Director has issued a Mitigated Negative Declaration for the project on August 9, 2002. No comments were received during the 20 day public review. ATTACHMENTS: 1. Planning Commission Resolution No. 5277 (Mitigated Neg. Dec.) 2. Planning Commission Resolution No. 5278 (CUP) 3. Planning Commission Resolution No. 5279 (CDP) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Disclosure Statement 8. Reduced Exhibits 9. Exhibits "'A" -"'C", dated September 18, 2002 SQ:cs:mh CASE NO: -BACKGROUND DATA SHEET - CUP 02-03/CDP 02-04 CASE NAME: National University APPLICANT: National University REQUEST AND LOCATION: A Conditional Use Permit and a Coastal Development Permit for the operation of a branch of National University in an existing building located at 705 Palomar Airport Road. LEGAL DESCRIPTION: Parcel 3 of Parcel Map No. 15386 in the City of Carlsbad, County of San Diego, State of California according to the map thereof no 11287, filed in the office of the County Recorder of San Diego County, September 16, 1988, as file No. 88-467980 of official records. APN: 210-100-16 Acres: 18,000 square feet Proposed No. of Lots/Units: _N_/A~----- GENERAL PLAN AND ZONING Land Use Designation: ~P=la=nn_ed_In=d=u~st=ri=al~(P~I)~---------------- Density Allowed: NI A Density Proposed: N~/ A __________ _ Existing Zone: Industrial (M) Proposed Zone: _N_/ A ___________ _ Surrounding Zoning, General Plan and Land Use: Zoning General Plan Site M PI ---------North M PI ---------Sou th M PI ---------East TC (Transportation TC Corridor) West M PI PUBLIC FACILITIES Current Land Use Existing Office Building Office Building Industrial Building Freeway Office Building School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad -~----- Equivalent Dwelling Units (Sewer Capacity): _lO~E_D~U ______________ _ ENVIRONMENTAL IMPACT ASSESSMENT C8J Negative Declaration, issued'-"-A-=u=gus=tc..,9~,-=2=-0-=02=---------------- D Certified Environmental Impact Report, dated ______________ _ D Other, _____________________ _ -CITY OF CARLSBAD - GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: National University -CUP 02-031 CDP 02-04 LOCAL FACILITY MANAGEMENT ZONE: 3 GENERAL PLAN: Planned Industrial (PI) ZONING: Industrial (M) DEVELOPER'S NAME: National University ADDRESS: 11255 North Torrey Pines Road, La Jolla, CA 92037 PHONE NO.: 619-696-3500 ASSESSOR'S PARCEL NO.: 210-100-16 QUANTITY OF LAND USE/DEVELOPMENT(AC., SQ. FT., DU): Project site -2.05 acres, Building-18,000 sq. ft. out ofa total 41,000 sq. ft. building ESTIMATED COMPLETION DATE: A. City Administrative Facilities: Demand in Square Footage = NIA B. Library: Demand in Square Footage= NIA C. Wastewater Treatment Capacity (Calculate with J. Sewer) NIA D. Park: Demand in Acreage = NIA E. Drainage: Demand in CFS = NIA Identify Drainage Basin = C (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 690 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 4 H. Open Space: Acreage Provided = NIA I. Schools: NIA (Demands to be determined by staff) J. Sewer: Demands in EDU 10 Identify Sub Basin = C (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 2 220 .City of C9arlsbad I #3 Fi,i,ii ,I· I •JJ •i=i 31, ,iJ ,\ I DISCLOSlJRE STATEJ\fE~T Applicant's statement or disclosure of certam ownc:rslup mterestS on all apphc:mons whi.:-h will require d1screnonary acnon on the pan of the City Council or any appomted Board. Cornrn1ss1on or Cornrnmee. i The following information l\fUST be disclosed at the time of applicauon subrnmal. Your pro_1e.:t cannot be reviewed until this informanon is completed. Please pnnt. Note: Person is defined as ••Any individual, firm. co-partnership, joint venture, assoc1at1on. social club. fraternal organization., corporation. estate, tnISt. receiver. syndicate. in this and any other county. city and county. cny municipality, district or other political subdivision or any other group or combmation acnng as a unit" Agents may sign this docummt; however. the legal name and entity of the applicant and property O~'Iler must be provided below. 1. APPLICA."l\'T (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons hanng a financial interest m the apphcanon. If the applicant includes a corporation or partnership. mclude the names, title, addresses of all individuals m~mmg more than 10% of the shares. IF NO INDIVIDUALS OWN MORE TiiAN 10% OF TIIE SH..6;.RES. PLEASE Th1DICATE NON- APPLICABLE (NIA) IN TiiE SPACE BELOW If a publiclv-0V>11ed corporation. mclude the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A (non-profit) Title ·-------------- Address~------------ 2. 0'\\1!'.'ER (Not the owner's agent) Corp/Pan ____________ _ Title _______________ _ Address _______________ _ 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 o·wning more than 10% of the shares. IF NO INDIVIDUALS O\VN MORE THAN 10% OF .THE SHARES. PLEASE INDICATE NON-APPLICABLE (NIA) 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/Pan. ____________ _ Title _____________ _ Title _______________ _ Address ___________ _ Address:..._ ____________ _ 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 (!) 3. :SOS-PROFIT ORGA."!\UATIO:S OR TRl'ST If any person 1d.ed pursuant to (11 or (21 abo\'e 1s a non n orc-amn!1or. 07":, !':"'..:<. ::,: ::,~ names and addresses of A .. "!\1· person serving as an officer or director of thf non-:,7"0::: organization or as trustee or beneficiarv of the. -. Non Profit-Trust (See Attached List) Non Profit Trust ·------------ Title --------------T1tle ---------------- Address -------------Address, _____________ _ 4. Have you had more than $250 worth of business transacted with any member of Cny staff. Boards. Comm1ss1ons. Commmees and/or Council v:ithm the past tv.•elve ~ 12) months: OYes ~ No If yes, please indicate person(s): ______________ _ NOTE: Attach additional sheets if necessary. I cenify that all the above information is true and correct to the best Signature of ov.,.neridate Prmt or type name of ov.'Der Jack Henthorn & Associates Print or type name of <Mi"lllCHapplicant 's agent H:ADMIN\C0UNTER\OISCLOSUAE STATEMENT 5/9B 1/17/u.,_ rure of a hcanudate rry C Lee, President of Natiunctl · sity and Chancellor of the National University System Prmt or type name of applicant 1/17/02. agent/dute Stephenson Worley Garratt Schwartz Garfield & Prairie (atty} Type name oi applicant1 s agent Page 2 of 2 • NATIONAL UNIVERSITY BOARD OF TRUSTEES CHAIR Mr. John Bucher VICE CHAIR Mr. John L 'Estrange SECRETARY Mr. Gerald Czarnecki 2002 COl\U\IITTEE STRUCTURE Academic Affairs Ms. Andrea Giambrone Jean Leonard John L 'Estrange Andrew Scull Judith Sweet Thomas Topuzes Advancement Jeanne Connelly Nelson Davis D\1,ight Ellis Cheryl Kendrick Robert Freelen Richard Nelson Resources Felipe Becerra Mr. Joseph Benoit John Bucher Richard Chisholm Gerald Czarnecki Richard Vortmann • 1 • NATIONAL UNNERSITY Academic and Administrative Officers Jerry C. Lee, Ed.D. President of the University Kevin Casey, M.S. Vice President Administration and Business Susan Harris, D.N.Sc. Provost and Vice President Academic Affairs Janet Littrell, Ed.D. Vice President Regional Operat10ns Thomas 1facCalla. Ed.D. ExecutiYe Director of~'1JI and Cniversity Vice President Patricia E. Potter, B.A. • Vice President Advancement and Business DeYelopment Raymond J. Trybus, Ph.D. Associate Provost and Dean of Graduate Studies Anna Cathleen Greiner Associate Provost for Planning and Institutional Effectiveness Shahram Azordegan. Ed.D. Dean. School of Business and Technology Marie Schrup, Ed.D. Dean. School of Education Mary Elizabeth Shutler, Ph.D. Dean. School of Arts and Sciences Douglas Slawson, Ph.D. Dean of Students X:\WP12002\National l.Tniversity\Board\Officerlist.doc . . • • RESOLUTION OF NATIONAL Ul\1:VERSITY BOARD OF TRUSTEES AT ITS REGULAR MEETING ON OCTOBER 19, 2001 RE LEASE OF REAL PROPERTY IN CARLSBAD, CALIFORNIA "7HEREAS, as part of its long-term facilities planning, National University has entered into a non-binding letter of intent to lease approximately 18,000 square feet in an existing building in Carlsbad, California for a new center. WHEREAS, John Bucher Real Estate Company, National University's real estate broker, sent a request for proposals in May, 2001 to many of the San Diego area developers and commercial property owners specifying the requirements for a new center in Carlsbad. The request for proposals advised such developers and owners that Nationai University's requirements inciuded: (a) approximately 18,000 square feet of rentable area; (b) a lease term of approximately seven years beginning approximately March, 2002; (c) sufficient on-site parking spaces for approximately 350 students for use Monday through Thursday in the evening hours and on Saturday, and daytime parking for approximately 70 vehicles; and ( d) if appropriate an option to extend the lease for an additional one to five years and a right of first refusal to lease additional space in the building. "'HEREAS, National University received three responses to its request for proposal and determined that the response by Prentiss Properties Acquisition Partners, L.P. was the proposal that would best suit National University's requirements. \VHEREAS, after e}..'iensive negotiations, Prentiss Properties and National University entered into the letter of intent providing the general parameters of lease terms pursuant to which National University would lease space in the existing building at 705 Palomar Airport Road, Suites 150 and 200, Carlsbad, California (the "Property'). The letter of intent provides that: (a) the term of the lease would be for seven years; (b) the premises would consist of approximately 19,080 rentable square feet; ( c) minimum monthly rental during the lease term would be $2.15 per rental square foot for the first year and increasing to $2.57 in the last year; (d) National Universitywould be given the right to extend the term of the lease for an additional period of five years; and ( e) National University would have a right of first offer to lease additional space in the b:iilding a:; it becomes available. \VHEREAS, legal counsel for National University and Prentiss Properties are negotiating the terms of an office lease and other related documents, but final agreement as to all of the terms has not been achieved. \VHEREAS, John Bucher, a member of the Board of Trustees, is representing National University as its broker through his company John Bucher Real Estate Company. (Mr. Bucher and his real estate company are sometimes collectively referred to herein as "'Mr. Bucher.") In such capacity, Mr. Bucher will be receiving a commission from the landlord equal to 4% of the lease payments for the first five years and 2% of the lease payments for the remaining term of the lease. • • \VHEREAS, Mr. Bucher has abstained from voting on these matters in connection ,vith which he is an interested trustee and was excused from the Board meeting during deliberation and voting on this resolution ( after giving the members of the Board an opportunity to ask any questions they desired of Mr. Bucher). NO\V, THEREFORE, BE IT RESOLVED, that the lease of the Property is hereby approved and that any actions previously taken ,vith respect to such lease are hereby ratified and approved; RESOLVED FURTHER, that based in part on the findings and resolutions adopted by the Board of Trustees on October 18, 1996, October 16, 1998, and May 12, 2001 regarding Mr. Bucher's earlier and future services as National University's real estate broker, the Board makes the following findings regarding Mr. Bucher's service as National University's real estate broker in connection with this transaction: (a) National Universityv.ill enter into appropriate agreements with Mr. Bucher for its own benefit; (b) the transactions are fair and reasonable as to National University; (c) National University's Board of Trustees has approved the transaction and agreements by a majority vote of Board of Trustees then in office with Mr. Bucher, a sole interested trustee, abstaining; (d) before approving the transaction, the Board considered and in good faith determined, after reasonable investigation under the circumstances, that National University could not have obtained a more advantageous arrangement with reasonable effort and National University in fact could not have obtained a more advantageous arrangement in light of Mr. Bucher's qualifications, knowledge, and experience to act as National University's real estate broker, and ( e) these transactions will result in the payment to Mr. Bucher of no more than reasonable compensation, as such term is determined under the standards of Section 4958 of the Internal Revenue Code; RESOLVED FURTHER, that the President be, and he hereby is, authorized on behalf of National University to negotiate any and all terms of such transaction and to take any and all actions necessary to finalize the lease of the Property as he reasonably deems appropriate to further the mission and objectives of National University. RESOLVED FURTHER, that the final and express terms of the lease of the Property shall be presented as an-informational item at a subsequent meeting cf the Beard. of c!arlsbad 14Fi,i,h,i·l•J4•i=i3i,,i4,il DISCLOSURE ST A TEJ\IE~T Applicant's statement or disclosure of certain O\\'Ilerslnp mterests on all apphc:mons wh~h will reqmre d1screnonary action on the part of the City Council or any appointed Board. Commission or Cornrnmee. ; The following information l\.fUST be disclosed at the time of application subrnmal. Your proJect cannot be reviewed until this information is completed. Please pnnt. Note: Person is defined as "'Any individual, firm. co-partnership, joint venture, assoc1anon. social club. fraternal organization, corporation. estate. truSt. receiver, syndicate. in this and any other county. city and county. cny 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. APPLICAl\"'T (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons havmg a financial mterest m the apphcanon. If the applicant includes a comoration or partnership. mclude the names, title, addresses of all mdividuals ownmg more than I 0~o of the shares. IF NO INDIVIDUALS 0\\1N MORE IBAN 10% OF TiiE SH.ARES. PLEASE Il\TIICATE NON- APPLICABLE (NIA) IN 1HE SPACE BELOW If a publiclv-ovvned comoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person'-------------Corp/Part. ____________ _ Title. _____________ _ Title _______________ _ Address ___________ _ Address ______________ _ 2. OWNER (Not the owner's agent) Provlde the COMPLETE, LEGAL names and addresses of ALL persons having any O\\'Ilership 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 ov.nership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS 0\\1N MORE THAN 10% OF .THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclv- owned comoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) / SEE ATTACHED EXHIBIT "A" Person Id/A Corp/Part. _____________ _ Title ____________ _ Title _______________ _ Address ___________ _ Address"---------------- 1635 Faraday Avenue• Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ 3. :SOS-PROFIT .A.l\'JZA nos OR TRl"ST • If any person 1dennfied pursuant to ( l) or(:!) abo,·e 1s a nonprofit org:m1zat1on o:-a tru!':. 1::-: ::1~· names and addresses of A ... 'l\"Y person serving as an officer or director of the non-pr0Ii~ organization or as trustee or beneficiary of the. Non Profit/Trust _________ _ Non Profit Trust. __________ _ Title ____________ _ Title _______________ _ Address. ___________ _ Address _____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Comn11ss1ons. Committees and/or Council within the past twelve ~12) months: D Yes ~ No If yes, please indicate person(s): ______________ _ NOTE: Attach additional sheets if necessary. I certify that all the above infmm;i,tion is true and correct to the best of my lmowledge. Owner: PRENTISS PROPERTIES ACQUISITION PARTNERS, L.P ., Signature of applicant/date A Delaware limited partnership By: PRENTISS PROPE~TIES I, INC., Print or type name of applicant a Delaware Corporation, its sole general partner ~• ,,, 0-:/1/Y' •. -:!'l By: ~,,,_ . . 1 Name( 7 J' Ke1t'Z, 11 h/ / be c.k Title: 9' h,/j.~ l/f Ct! p U~,'~~ By: G )S§;..A~ Name: G (LLG, :::z:: M Ho E:F Title: )7 ,2002 H:ADMIN\COUNTER\DISClOSURE STATEMENT 5198 Page 2 of 2 • Michael V. Prentiss Thomas F. August Dennis J. DuBois Lawrence J. Krueger Robert K. Wiberg Michael A. Ernst J. Kevan Dilbeck EXHIBIT A Gregory S. Imhoff Michael J Cooper Daniel K. Cushing ChristopherM.Hipps Kent Barner Thomas P. Simon Christopher Mahon Richard C. Bower II William J. Reister Barbara M. Gloeckner Michael E. Schack Charles A. Sumner II • Office(s) Held Chief Executive Officer President Executive Vice President Executive Vice President Executive Vice President Senior Vice President, Chief Financial Officer and Treasurer Senior Vice President and Assistant Secretary Senior Vice President and Secretary Senior Vice President Senior Vice President Senior Vice President Senior Vice President Senior Vice President Senior Vice President Vice President and Treasurer Vice President Vice President Vice President Vice President ----U•T {lff"' \_,.,11,,•,.,-.tr, I !l, • .,..,M'.)kltl ,,...,.,n MNM,v 1• Jl'U• f._,.,.,.,,,, .. ~· ' ' .,. .. ~ "' ,,, . ._ .. .,, , ... ,,, --------·---· --- --vr --........... _ ..,. ..... ---~.!W-"L~~----_IM~--"""' .. --n»affobltU.1 --tl'#bllll:ift••·d·...... H rxi1'ilcifl'.f'd4'1 .inu, -w• """ ~,,..,.~~~--.. ~unM,-----· laJC.rtV'Jt,I ----.. --..... --· IC ..... .... ....... -"""' ----· ,waa, ,Mi Plfflllt Numbtl'I (UI02-0.l COP/JZ0-4 PUlm!l llrvlH A@nDIN ... c.lll.ll,ICJl1NCll'"M.IIM11flOlffllll:t ... e.Ml..ll,IOl'INCtP',ltl,_..~ .. , ..... MINIIO&MIJILlCttlllC ........ c;lt"f'Cf~Nt,IO ...... c.W.IMblMIIIO~Plttllllct Pllldn9 lolalt by peroel "...,,,., cdt'IM:t ~ 'l'OfM. 1CO"P,lcf '!-!-~'° Mdlll 1M .M • M, ,,.,.,,, ...... -.. .. ,u 1,1, .. -•• _• __ • ___ IM JU ,_.,_,,, ~-~ ... =----''-----"-""-- Legend Q O .,.._._tt.lLLJa.tT .. c,,ltrtl.JiOIINIMltll D (J ,.... • .IUIIIM'l'ltlOMft"""-NIIN• Usage Breakdown Ttnl[)t liJlifOYlffi,Ol for p11q1J m OnJy 1st noor 4,555 ~'1 ft 2nd floor· 13,445 ,q ft 3rd [loor O •'1 ft Tot.al 18.000 sq ft . .. ,., I..M IC,lll.P•W-41' IIUII 8/22/02 ---- --....... -·-______ ,,_,, National University 1st Floor ..... 4,555 sq. ft 2nd Floor ..... 13.445 sq. ft Total area ..... 18,000 sq. ft. : :P~ .... ---.. ..,. ______ _ ________ , ___ _ .. ..,.. .... ---·--· :;;:..-=:-.:~~.:.."1 ••• .... ______ ,. __ &-. MiMll-.&.-•M■IMIIM ___ .._WJI.Mt. ---~----_____ ,. ----·------------- ■ ..I i 0 ~z z:::, d PARTITION PLAN FIRST FLOOR National Unlverslty .... .4,555 sq. ft. Unoccupied (shaded) ..... 8,890 sq. ft. ·-INl'IWl'Ulllll'WUfflnall.ff ms-~-:r.r~ ·-IR&IUG~--mm1••~ .. --·-------_ ___ ., ______ _ 12111'11,UaM'•-·-CI ...................... ... __ ma.•--•------. I LEGEND ---------- ------·------14 -~-------~ ----~------------~----~----------------· ---- National University 1st Floor..... 4,555 sq. ft 2nd Floor ..... 13.445 sq. ft Total area ..... 18,000 sq. ft. _ ......... ,-....... ~-,. -~---,., .-....niiiiiiiiii__,. ·---------.. ...,,.,_..---·--· :;;:,.-:,,-::~-:.::::=:..~ .... .... ---·---· .... ~lall ..... 1,/1 •• _ .. _ ........... -!'.!rPW.IIP.rt.,■.,• --·----··~ ·-~--irmm"l•-~---·----•-1114 ................. -----(!)ltll,&IW'IIIIII•-·-................. -.. -·-.,..~----.. PARTITION PLAN SECOND FLOOR National University ..... 13,445 sq.ft. Unoccupied (shaded) ..... 0 sq. ft. II ................... .... ·--.----·