|
| |
ATTORNEY GENERAL'S REPORT CLEARING MAYOR SANDERS AND SUNROAD OF CORRUPTION, MAY
2008, UNSIGNED.
|
http://www.signonsandiego.com/news/metro/20070620-1440-sunroad.html
... The fact that Sunroad has not just one
but at least three projects on the table, all with the same disregard
for the FAA, city regulations or the law, is just more proof. And as for
Montgomery Field - I work for Northrop Grumman on the border of the
field. At least 6 months ago, a series of city reps and "consultants"
came in to pitch to our brass the idea of buying the property on which
the field is on. We weren't interested. So you tell me - how committed
is the city to this airport? They have this property quietly on the
block and the Sunroad deal is part and parcel of it. Gee Jerry - got a
little mud on your face. You are dirty. I was stupid enough to vote you
in once. Never again.
http://www.signonsandiego.com/news/metro/20070620-1440-sunroad.html
Steven Strauss of Cooley Godward Kronish also works for Manchester
Financial on the Navy Broadway Complex. Mr. Strauss is the person who
convinced the City Council that there has been no movement on the active
Coronado Fault of the active Rose Canyon Fault Zone (RCFZ) since the
"prehistoric time of the dinosaurs." Therefore, Manchester does not need
to turn in a thorough fault investigation to the City Geologist or the
California Coastal Commission. The Jurassic Period of the Dinosaurs was
208,000,000 to 144,000,000 years ago. According to a 10 News
Investigation "The recently discovered Coronado Fault was active as
recently as 500 years ago. It runs under Coronado and San Diego Bay and
comes ashore in San Diego near Seaport Village, just south of the
proposed complex." Scientist from USCD School of Engineering, Scripps
Institute of Oceanography, Caltrans, the Coastal Commission, the State
Geologists and other all agree "public safety makes it imperative that
the exact location of these youthful faults be mapped onshore prior to
any development." Mr. Strauss of Cooley Godward Kronish does not have
the safety of the public on his mind when he makes his statements of:
Don't worry about it. There is no problem here. Watch the video and see
if you believe him <http://www.10news.com/news/13507156/detail.html> |
AIRPORT - OTAY MESA - BROWN FIELD, AND SUNROAD.
Page 22 of 30 - Table 117-03A - Lot Requirements - Maximum Floor Area Ratio (FAR) = 2.0 for
Industrial and Commercial Lots.
AIRPORT - MONTGOMERY FIELD, AND SUNROAD.
|
SAN DIEGO
COUNTY AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) POLICY DOCUMENTS -
MARCH 2005 DRAFT.
by Gail Goldberg. cc: Tom Story - Chief of Staff Mayor's Office;
Tait Galloway - Planning.
Within Compatibility Zone D, ALUC review is required for any proposed
object taller than 70 (200-SD) feet above ground level.
Zone D - Primary Traffic Patterns and Runway Buffer Area. Airspace
review required for object 70 (100-SD) feet tall.
Within Compatibility Zone D, generally there is no concern with regards
to any object up to 70 (200-SD) feet tall.
Existing Land Use. Height Restrictions. FAR Part 77. FAA Notification
Strikeout Revision.
Airport Influence Area - Primary areas consists of compatibility zone A
through D.
Review of net building floor area of 20,000 (50,000-SD) square
feet or greater.
I have before our group (Kearny Mesa Community Planning Board) now a
proposal for comments on a 12 story 200,000 sf office building.
This project is fortunately just inside the D Zone so only an airspace
review is required for the height limitation.
I have discussed these comments with some of the membership but please
accept these as my personal comments.
[Kearny Mesa Floor-Area Ratio (FAR) is 0.50 = 50 percent lot coverage.]
Ms. Lichman represents Sunroad property at Montgomery Field, Brown
Field, and Lindbergh Field (SDIA).
Sunroad is also developing a mixed use project at Montgomery Field, all
of which is located in Zone D, currently comprised of 600
multi-family units and one million square feet of commercial office
space, in buildings ranging from 8 to 12 stories.
For Noise Contours at Brown Field, use the operational data for
Montgomery Field.
Part 77 criteria for height. The March 2005 Draft ALUCP application of
which results in radical height restrictions.
Sunroad alone stands to lose the potential for hundred of housing units
and acres of office development upon which years of time and
hard-earned dollars have already been spent in planning, processing
entitlements and making improvements.
Sunroad request that the ALUC postpone its scheduled approval date.
The March 2005 Draft ALUCP's Definition of "Existing Use" is Vague and
Inconsistent. Vested rights.
Safety cannot be an issue under the March 2005 Draft ALUCP's own
analysis, as Zone D encompasses an area far outside that where the
bulk of accidents are likely to occur.
The ALUC's Safety Analysis and Restriction Impinge on the Realm Governed
by FAA. Each sponsor of a project that meets the reporting
criteria outline in Part 77 is required to notify the FAA's Air Traffic
Division in writing of the proposed project and must provide
specific information regarding construction dates, building design,
building heights, construction... and any other information
required by the FAA. Upon receipt of a Notice of Proposed Construction
the FAA Air Traffic Division will forward the proposal to
other FAA Divisions for their independent review. Further, FAA's Flight
Standards Division is charged with ensuring that flight
safety is not compromised by the placement of any structure or activity
in an area that is not deemed to be consistent with the
safe operation of aircraft and the preservation of life and property on
the ground. In short, if during its evaluation based on these
many diverse local as well as Federal parameters that FAA determines
that the project will impact the National Airspace System
it will issue a Determination of Presumed Hazard. Located in Zone
D and a project be erected that is 70 feet tall and becomes a hazard.
For example, while the building height criteria for Zone D in both the
ALUCP and the DEIR require "airspace review for objects greater
than 70 feet tall.
Western Pacific, etc. Approximately 5,600 proposed residential units
would be lost from the restrictions on new residential
development in Compatibility Use Zone B, C, and D.
General Regulatory Concepts - Building height review when certain
thresholds are met. |
|
<http://www.geocities.com/kearnymesaplanninggroup/2005minutes>
Minutes of the
Regular Meeting of the KEARNY MESA PLANNING GROUP April 20, 2005.
Executive Committee Members present: Brad Black, Steve Bonker, Buzz
Gibbs, Roz Guthrie, Joy Hagin, Carl Harry, Jim Johnson, Keith Keeter,
Jim Omsberg, Barbara Ryan, Mike Reilly, John Turpit, Richard Vernon,
Jeff Williams. Guests: Jackie Ander, Mathew Bateman, Mark Chomyn,
Kistern Clemons, Genevieve DePerio, Larry Dutton, Marilyn Gibbs,
William R. Gibbs, Ramsey Green, Lisa Gonzalez, Shawn Heacock, Laura
Hein, Jay Hill, Larry Jackel, Steve Laub, Meridith Marquis, Dan Munch,
Carol Mundell, Michael K. Ryan, Linda Sawyer, Michael Suder, Laura
Thornton, Kendra Van Note, John Wilhoit, Less Williamson, Joe Zulauf.
The meeting was brought to order at 12:02 PM by Chair Buzz Gibbs. A
quorum was present. The Sunroad 12 story Office Building project for
“Substantial Conformance Review” was postponed to a future meeting at
the request of the applicant. This project will be presented at the
next Land Use Subcommittee meeting on May 11th. The Montgomery Field
“Airport Land Use Compatibility Plan” (ALUCP) was presented by Terry
Price, representing the City of San Diego Airports Division. This again
was an information only item. Mr. Price presented the ALUCP even though
the City did not create this plan. The SDCRAA was not able to attend to
present it. The ALUCP creates different use zones that take into
consideration noise, overflights and accident potential so that
underlying land uses are compatible with the airport. Included in
specific areas are building restrictions, occupancy restrictions, uses
and heights. The complete plan is available on the SDCRAA web page found
at sdcraa.org
Minutes of the
Regular Meeting of the Kearny Mesa Planning Group 12:00 Noon, May 18,
2005. Executive Committee Members Present:: Brad Black, Buzz
Gibbs, Joy Hagin, Carl Harry, Jim Johnson, Steve Kerch, Keith Keeter,
Jim Omsberg, Dr. Mike Reilly, Barbara Ryan, John Turpit, Richard
Vernon, Jeff Williams. General Members and Guests: Chris
Cohen-Richards, Ryan Golizoski, David Hubbard, Patty Krebs, Steve Laub,
Carol Mandell, Meridith Marquis, Cheryl Robinson, Mike Ryan, Tom Scrugs,
Charlette Strong, John Wilhoit, Joe Zulaug. The meeting was brought to
order at 12:03 PM by Buzz Gibbs who acted as chair of the meeting. The
Chair scheduled a Land Use Committee meeting for June 8 for a final
review and recommendation on Fairfield Homes “Park View” industrial to
mixed use project including 288 residential units and a 20,000 sf office
on Kearny Villa Road and Aero Court. At the same meeting the Sunroad
Centrum 12 story office project at Kearny Villa Road and Spectrum
Boulevard will be reviewed and a recommendation made also. Both these
projects will be voted on by the full group at the June 15 meeting.
Minutes of the
Regular Meeting of the Kearny Mesa Planning Group 12:00 PM, June 15,
2005. Executive Committee Member Present: Buzz Gibbs, Roz
Guthrie, Joy Hagin, Carl Harry, Jim Johnson, Steve Kerch, Debra Madden,
Jim Omsberg, Dr. Michael Reilly, Barbara Ryan, John Turpit, Richard
Vernon, Jeff Williams. Members and Guests: Jackie Ander, Jeff Carlstad,
Mark Chomyn, Kirsten Clemons, Genevieve DePerio, Dan Feldman, Ann Gomez,
Lisa Gonzalez, Hazzan Isa, Gary Katz, Steve Laub, Ed McCoy, Dana
Piancane, Terry Price, Nabeel Qawasmi, Mike Ryan, Tom Scruggs, Ted Shaw,
Jeannette Temple, Bill Tripp, Rick Vann, John Wilhoit, David Wright, Joe
Zulauf. The meeting was brought to order at 12:00 PM by Buzz Gibbs,
Chair, who acted as Chairman of the meeting. The first project for
review was the Sunroad Centrum Substantial Conformance Review for a 12
story office with underground parking plus temporary grade level parking
on the Sunroad site in the Spectrum project area. Brian Paul,
representing Sunroad Enterprises, presented the project. Copies of the
assessment letters from Development Services were distributed to the
members so that all concerns and issues were known. Mr. Paul presented
elevations and the circulation plan for this office building, 306,000
sf, on the corner of Spectrum Center Blvd. and Kearny Villa Road. The
vehicle access will be from Spectrum Blvd. and Lightwave Ave. Parking
will be one level below grade at the office and three levels of below
grade parking immediately to the East. The first phase will
additionally provided for a temporary parking lot for 1200 cars directly
to the East. The building façade’s are glass and limestone, the building
floor plates are 25,000 sf. The building height will be approximately
170’. Motion to approve the project was made by Steve Kerch, the motion
was seconded, with discussion following a vote was taken. Vote 11-2-0. |
Sunroad Centrum 12 Building, 8620 Spectrum Center Boulevard, APN
369-220-53. Kearny Mesa Planning Area, San Diego, California 92123.
Numerous comments have
been received in writing or offered at public meetings asking questions or
making requests for modifications to the plan...
Of all the issues that
have been raised regarding the March 2006 Draft ALUCP, one of the most
extensively debated has been the definition of "existing land use."
"The definition below was first discussed at a meeting of the Subcommittee on
the Definition of Existing Land Use on
November 21, 2005.
The ATAG Existing Land Use Subcommittee was comprised of
the following individuals [6 of 11 (55 percent) are associated with Sunroad]:
John Ponder of Sheppard, Mullin. -
Sunroad lawyer and Sunroad Registered Lobbyist.
Daryl Mutton of Sheppard, Mullin. -
Sunroad lawyer.
Barbara Lichman of Chevalier Allen & Lichman LLP. -
Sunroad Lawyer.
Ron Rouse of Luce Forward Hamilton and Scripps.
Lynne Heidel of Allen Matkins.
Paul Robinson of Hecht Solberg - Sunroad
lawyer and Chamber of Commerce ATAG representative.
Jerry Livingston of the Building Industry Association (BIA) -
Sunroad is a member of the BIA.
Manjeet Ranu of the Urban Counsel.
Keith Greer of the City of San Diego Planning.
Tait Galloway of the City of San Diego Planning -
Planner who worked on the Sunroad
project.
Samir Jajjiri of the City of San Diego Traffic Engineering.
ATAG Meeting
Summary, Definition of Existing Land Use, February 1, 2006.
Compatibility
Policy Flowchart, February 1, 2006.
Vested Right
Flowchart, February 1, 2006.
February 24,
2006.
March 9,
2006 Revised.
June 6,
2006.
June
22, 2006.
|
FLOOR-AREA RATIO (FAR)
The area of the
Sunroad lot is 1.47 Acres or 64,033.2 square feet.
The plans show a
total of 306,000 square feet for the building.
Floor-Area-Ratio
(FAR) = 306,000 square feet / 64,033.2 square feet = 4.78.
According to the
Municipal Code, the FAR for Kearny Mesa is 0.5.
(4.78) /
(0.5) = 9.56 times or 956 percent over the Municipal Code for the
FAR.
In addition to changes needed to conform to the building permit, the
Floor-Area ratio for Kearny Mesa in the Municipal Code of 0.50. It has
been 0.5 since 1992. Also in the EIR for the New Century Center
Master Plan, the overall Floor Area Ratio for the whole of the New
Century Center redevelopment is 0.32 to 0.42. Of course, there is also
the height limit of three stories for the retail area in the New Century
Center Master Plan which was revised in 2002.
|
|
Since 1992, the
Floor-Area Ratio (FAR) for all of Kearny Mesa is 0.50. In the 1997
EIR for the New Century Center Master Plan, the overall FAR for the
whole of the New Century Center redevelopment is 0.32 to 0.42.
Planning Area 1A (Retail/Entertainment – 3 Story height limit) was
changed from Zone CA to Zone CC-1-3 when the Municipal Code was revised
in 2000. Before and after the revision, the FAR was always, and still
is, 0.50 for Kearny Mesa. The height limit for Planning Area 1A is
still 3 stories. The height limit for Zone CC-1-3 is 45 feet.
The area of the Sunroad lot is
1.47 Acres or 64,033.2 square feet. Under the EIR and the Municipal
Code, the maximum area of the building should be 26,894 and 32,017
square feet, respectively. The plans show a total of 306,000 square feet
for the building (not counting the Phantom Floor or the
Penthouse/Utility Room). The Sunroad building’s Floor-Area-Ratio (FAR)
= 306,000 square feet / 64,033.2 square feet = 4.78. According to the
approved plans, the Sunroad building is currently (4.78) / (0.5) = 9.56
times or 956 percent over the Municipal Code for the FAR. Plus, Sunroad
thinks they do not have to count the gross floor area of the two,
mid-rise parking structures for the New Century Center Master Plan.
According to the EIR, Master Plan, and Municipal Code they do have to
count the gross floor area of the parking structure towards the
aggregate square footage for whole New Century Center project. Between
the FAR, the height limit, the Phantom floor, and the Penthouse/Utility
room, four separate violations of the Municipal Code exist. This is not
an accident; it is intentional collusion between Mayor Sanders’
administration and Sunroad. And it is not over. |
AIRPORT -
OVERFLIGHT EASEMENT - ATAG FOR LINDBERGH FIELD (SDIA) AND MONTGOMERY FIELD.
On April 16, 2007, Reviewed
Structural Plans, Sunroad Centrum 12, San Diego, California, Sheet S0.1 to
S5.1,
First Issue Date July 13, 2006,
Revision Date August, 25, 2006, Dotted Official Approval by City of San Diego
DSD, October 11, 2006, Project 84081.
Ficcadenti and
Waggoner - Consulting Structural Engineers, 16969 Von Karman, Suite 240, Irvine,
CA 92606, 949-474-0502. Michael A. Waggoner - Structural Engineer.
Sheet S0.1
Reviewed by Swinerton Builders, by CSM, Submittal 02-05400, August 29, 2006.
Reviewed by Hope Engineering, No Exceptions Taken, by WR, September 11, 2006.
Reviewed by BPA Architecture Planning Interiors, by DM, September 12, 2006.
City of San Diego Building Development Review - Structural, by Matt Mazari,
October 11, 2006.
Sheets S4.2 and S5.1
Reviewed by Hope Engineering, by WAL?, October 9, 2006.
Reviewed by BPA Architecture Planning Interiors, by DM, October 6, 2006.
Structural Calculations Job A06-177,
dated July 13, 2006, Revised August 25, 2006.
Reviewed by Swinerton Builders, by CSM, Submittal 02-05400, August 29, 2006.
Reviewed by Hope Engineering, No Exceptions Taken, by WAL, September 11, 2006.
Reviewed by BPA Architecture Planning Interiors, by DM, September 12, 2006.
City of San Diego Building Development Review - Dotted Official Approval,
October 11, 2006.
According to Structural Plans the
building has a plan area for each floor of 269 feet by 122 feet = 32,818
square feet per floor minus area of 4,497.5 square feet =
= 28,320.5 Total Square Feet. 75 x 77 = 5775 Minus 36.5 x 35 = 1,277.5 = 5775 - 1,277.5 = 4,497.5 28,320.5 square feet per floor x 12
floors = 339,846 square feet in the Building Envelope.
The plans were missing several
floors, so this information is not verified. After a site visit, it looks
like the maps we observed were confusing to read. The floor area is
approximately 306,000.
The Building Permit is for 306,000
square feet for 12 floors = 306,000 square feet / 12 floors = 25,500 square feet
per floor.
|
FLOOR NUMBER |
ELEVATION
(feet) |
FLOOR HEIGHT
(feet) |
FLOOR AREA Per Plans
(square feet) |
RETAIL AREA BASED ON
FIGURE
(square feet) |
ESTIMATED GROSS FLOOR AREA
(square feet)
Based on Scale Drawings
and Site Visit 05/20/2007 |
|
TOP OF HIGH ROOF |
595.31 |
|
|
|
|
|
TOP OF 12th FLOOR PARAPET/ROOF
(14th Floor Penthouse Utility
Unit) |
584.58 |
10.73 |
|
|
22,538 x 0.25 for Penthouse = 5,635 |
| 12 th and (13th Phantom Floor) |
567.25 |
17.33 |
23,070 |
22,628 |
22,538 x 2 for Phantom Floor = 45,076 |
| 11 th
|
553.50 |
13.75 |
23,070 |
22,628 |
22,538 |
| 10 th |
539.75 |
13.75 |
24,930 |
24,285 |
24,044 |
| 9 th |
526.00 |
13.75 |
26,300 |
25,666 |
25,558 |
| 8 th |
512.25 |
13.75 |
26,300 |
25,660 |
25,558 |
| 7 th |
498.50 |
13.75 |
26,300 |
25,653 |
25,558 |
| 6 th |
484.75 |
13.75 |
26,300 |
25,647 |
25,558 |
| 5 th |
471.00 |
13.75 |
26,300 |
25,640 |
25,558 |
| 4 th |
457.25 |
13.75 |
25,590 |
25,312 |
25,558 |
| 3 rd |
443.50 |
13.75 |
25,140 |
24,772 |
25,558 |
| 2 nd |
429.75 |
13.75 |
25,900 |
24,749 |
26,672 |
| 1 st |
416.00 |
13.75 |
26,700 |
23,160 |
26,672 |
| Subterranean Garage |
|
|
Basement (37,450) |
--- |
--- |
|
TOTAL NOT INCLUDING SUBTERRANEAN
GARAGE/BASEMENT |
|
179.31 |
305,900
305,900 + Phantom Floor (
23,070) + Penthouse (5,767.5 )
334,737.5 = 9.4 Percent
Over Gross Floor Area
|
295,800 |
301,370 + Phantom Floor
(22,538) + Penthouse (5,635)
329,543 = 7.7 Percent Over
Gross Floor Area |
TOTAL HEIGHT OF THE BUILDING =
595.31 feet - 416.00 feet = 179.31 feet high.
= (13.75 feet/floor x 11 floors) + 17.33 + 10.73 = 179.31 feet high.
TOTAL FLOOR AREA OF THE BUILDING -
Basement = 305,900.
|
SOLUTION TO
TOP 20 FEET.
From the bottom of the 12th
floor to the top of the building is 28.06 feet, and the total height of
the building is 179.31 feet.
Therefore, in order to meet the 160 height level the following needs to
take place:
The penthouse/utility room and the architectural details on the top of
the roof needs to be removed. Both the penthouse/utility room and the
architectural details are 10.73 feet high. According to the Municipal
Code, the penthouse/utility room and the associated Floor Area are
considered a floor. Removing the penthouse/utility room and the
architectural details alone would put the building within 8.58 of the
goal of 160 feet high (179.31 - 10.73 = 168.58).
The 12th Floor is 17.33 feet high. According to the Municipal Code, at
15 feet of the 17.33 feet, a Phantom Floor and its associated floor area
have to be added to the total. If the roof of the 12th floor is
removed and repositioned to a height of 8.33 feet, then the 160 foot
maximum height would be achieved.
By following the Municipal Code, the Sunroad building is currently 14
stories and over 10 percent over the permitted floor area of 306,000.
Therefore, only the roof of the 12th floor (and all
utility/architectural feature on the roof) needs to be removed and
replace to make the 12th floor a height of 8.33 feet. Doing this work
will also make the building only 12 stories high instead of 14 stories,
and will bring the building back into conformance with the 306,000
square feet allowed by the building permit.
Municipal Code
Rules for Calculation and Measurement Chapter 11, Article 3, Division 2.
<http://clerkdoc.sannet.gov/legtrain/mc/MuniCodeChapter11/Ch11Art03Division02>
Section 113.0213 building envelope.
Section 113.0234 - gross floor area.
Section 113.0240 - lot coverage.
Section 113.0261 - story.
|
Sunroad
Referral for
engineering firms in San Diego to confirm floor area, number of stories, etc.
Both Rick
Engineering and Burkett & Wong Engineering do forensic work for construction
projects.
Rick Engineering
5620 Friars
Road
San Diego, CA
92110
Tel: (619)
291-0707
Fax: (619)
291-4165
<
http://www.rickengineering.com/div_legal.htm>
Burkett & Wong Engineers
3434 Fourth Avenue
San Diego, CA 92103
P 619 299 5550
F 619 299 9934
<
http://www.burkett-wong.com/ContentPage.asp?ContentID=98>
Municipal Code
Definitions. Chapter 11, Article 3, Division 1.
<
http://clerkdoc.sannet.gov/legtrain/mc/MuniCodeChapter11/Ch11Art03Division01>
Building envelope
means the three-dimensional space within which a structure could be
located as established by the applicable setbacks and maximum allowable
structure height. See Section 113.0213 for additional information on
determining a building envelope.
Floor means a
horizontal, continuous, supporting, or nonsupporting surface of a structure.
Floor Area Ratio
(FAR) means the numerical value obtained by dividing the gross floor
area of all buildings on a premises by the total area of the
premises on which the buildings are located.
Gross floor area
means the sum of the horizontal square footage of all existing, proposed, and
phantom floors of a building which may or may not be completely enclosed
within the exterior surface of the surrounding exterior walls. See Section
113.0234 for additional information on calculating gross floor area.
Lot coverage
means that portion of a lot that is occupied by buildings or
structures that are roofed or otherwise covered or that are unroofed and
have a finished floor that extends more than 3 feet above grade.
Lot coverage is expressed as a percentage. See Section 113.0240 for
additional information on calculating lot coverage.
Lowest floor
means the lowest floor of the lowest enclosed area. An unfinished or
flood-resistant enclosure that is usable solely for parking vehicles,
building access, or storage is not considered a building’s lowest floor.
Roof deck means
an enclosed or partially enclosed area, with or without an overhead structure,
cover, or roof, that is located on a flat or relatively flat roof of a building.
Any walled area erected exclusively to screen mechanical equipment is not
a roof deck.
Roof eave means
the lowest part of a roof that overhangs the wall below and from which rain
would drain.
Roof line means
the top edge of a roof or the top of the parapet, whichever is the higher
elevation.
Story means the
area between grade and finished floor, the area between finish-floor
elevations or the area between the finish-floor elevation and the
roof elevation. See Section 113.0261 for additional information on measuring
story.
|
Sunroad Centrum
Another Swinerton project, Sunroad Centrum, is a 12-story structural steel,
glass and stone skin system with architectural metal features on the building.
The class-A office building has one level of underground parking and an adjacent
six-story parking structure. When completed next June, the building will have
306,000 square feet of
leaseable office space. One of
the advantages Swinerton has in this $45 million project is the relationship
with the architect and the owner. Swinerton also built the four-building Sunroad
Corporate office complex in San Diego for Sunroad along with architect Brian
Paul and Associates Inc. “We really fit hand-in-glove when it comes to
coordination issues,” Adair says. “We know very well the owner expectations and
what the architect expects us to bring to the table. They know we can prepare
accurate budgets and schedules early in the design process based on our
experiences together. Our past projects have been very successful, so why break
up the continuity of a good team?” After regularly working with Brian Paul,
Swinerton has learned to expect anything and everything in the architectural
design of this architect’s buildings. “One thing we always know with a Brian
Paul building is that there will be some critical interfaces between the
finishes on the exterior of the buildings,” Adair says |
Final EIR LDR 96-0165, SCH 96031091, September 25, 1997.
New Century Center
Master Plan.
Sunroad Centrum project amended the EIR.
Mitigated Negative Declaration LDR
41-0101, January 31, 2002,
adopted by the City Council November 12, 2002,
by
Resolution 297294.
FIGURES FROM THE 1997 EIR
|
http://www.sandiegometro.com/dbr/index.php?dbrID=897
San Diego
Metropolitan. Daily Business Report, July 22, 2005.
REAL
ESTATE
Sunroad
Enterprises will
begin construction in October on a
1-million-square-foot,
three-building Class A office park on the former General
Dynamics site in Kearny Mesa.
Sunroad Centrum
will be on a 40-acre parcel within the 244-acre San Diego Spectrum
business and residential community. It will include a retail
component to service office users as well as residents of more than
1,500 new condominiums and apartments that exist or are being built on
adjacent land. "Sunroad Centrum will be the largest and only office
project of its kind in the mid-city area of San Diego," says Rick
Vann, president of the real estate division of Sunroad Enterprises.
"Our goal from the outset has been to meet the demand for high-image
corporate office space." The first phase will offer about 300,000 square
feet of office space in a 12-story reflective glass tower above one
level of subterranean parking. An exercise gym with shower facilities,
high-speed elevators and a 4/1000 parking ratio are among the building's
features. Sunroad Centrum is designed by Brian Paul & Associates.
All three office towers and two free-standing parking structures will
surround a landscaped quad area with water features.
Burnham Real Estate
has been selected as the listing broker, and will be represented by
Mark Wayne, Dan Runyon and Eric Vann. For information call
(858) 452-6500. Completion of the first phase building is expected in
the first quarter of 2007. Construction start dates for the second and
third phase buildings, with 14 and 16 stories, respectively, have not
been announced, and will follow based on lease up of the previous
buildings. "This project is well timed to meet the growing demand for
Class A space in central San Diego," says Runyon, senior v.p. with
Burnham Real Estate.
http://sandiegometro.com/dbr/index.php?dbrID=1023
Daily
Business Report, March 8, 2006
REAL ESTATE
Sunroad
Enterprises says
steel has been ordered and ground has been broken on the first phase of
Sunroad Centrum, a master-planned, 1-million-square-foot Class A
office campus located within the 232-acre Spectrum business and
residential community in Kearny Mesa. Sunroad Centrum I features a
12-story, state-of-the-art tower with 300,000 square feet of space. The
project will create more than 400 new San Diego construction jobs. More
than 2,300 tons of steel have been ordered for the tower at a cost of
about $6 million. The first
steel beams will be erected in June and completion of the tower is
expected by June 2007. "This project represents a milestone
not only for Kearny Mesa but for the San Diego office market at large,"
says Rick Vann, president of the real estate division of Sunroad
Enterprises. "Sunroad Centrum will be the largest and only office
project of this caliber in the mid-city area." Vann says Sunroad
Enterprises is entitled to build 600 multifamily units on the
eastern-most portion of the site, with construction expected to start in
early 2007. There are about 1,000 residential units already located
within Spectrum.
Sunroad Centrum is being built
on a 25-acre site fronting Highway 163 and Kearny Villa Road. Two
additional high-rise towers are planned, one 350,000 square feet and the
other 400,000 square feet. All three office towers and two
free-standing parking structures will surround a landscaped quad area.
The project was designed by Brian Paul & Associates. Mark
Wayne, Dan Runyon and Eric Vann of Burnham Real Estate
comprise the leasing team.
http://www.sandiegometro.com/dbr/index.php?dbrID=1037
March 28, 2006
Swinerton
Builders has
begun construction on the first 12-story high-rise office building in
Kearny Mesa. Phase one of the three-phase office park being built for
Sunroad Enterprises features a 300,000-square-foot office tower with
four below-grade parking levels. The structural steel and glass, stone
skin office tower was designed by BPA Architecture Planning Interiors
and is expected to be completed in mid-2007. The site is near State
Route 163. Construction on the second and third phases of the 1
million-square-foot office park is expected to begin after the first
building is 50 percent leased. Swinerton Builders was also was
general contractor for the 500,000-square-foot Sunroad Corporate
Center on Eastgate Mall in San Diego.
Murphy
Development Company in Otay
- Executives: R. Michael Murphy, President, Hack Adams,
Director of Marketing, Jeff Mathews, CFO
Address: 8851 Kerns
Street, Suite 200 San Diego, CA 92154 (619) 710-8000 (619)
710-8001
hadams@murphydev.com
|
June 5, 2008
Honorable Edmund G. Brown, Jr.
Attorney General
State of California
P.O. Box 944255
Sacramento, California 94244-2550
Honorable Gary Schons
Supervising Deputy Attorney General
Office of the Attorney General – San Diego
110 West A Street, Suite 1100
San Diego, California 92101
Dear Gentlemen:
As citizens of the City of San Diego and the State of California we are again
asking that you amend your May 2008 Report of the California Attorney General
entitled: "San Diego City Attorney Michael Aguirre's Allegation of 'Corruption'
Against San Diego Mayor Jerry Sanders Regarding the Sunroad Building Project."
We found 20 Mistakes and Misinterpretations of the documented truth available at
the City Clerk's office as part of the public record, in the Attorney General's
May 2008 report on Sunroad. The Attorney General's report cleared everyone of
corruption including Mayor Sanders, Marcela Escobar-Eck, Tom Story, and Sunroad.
The Attorney General wrote on Page 31 "The building as topped out did not
endanger public safety because the FAA would have closed Montgomery Field to Air
Traffic if it had."
The Attorney General stated that the 180 foot Sunroad building was never a
hazard to airplanes, and there was never a reason to have the building taken
down from 180 feet to 160 feet. The Attorney General concluded that the
construction of the 180 foot building was no one's fault and there were never
any hazards that had to be addressed by the City, State, or Federal Government
officials. Therefore, the taxpaying citizens of the City of San Diego should
fork over $40 million dollars to Sunroad right now because there was never a
reason to demand the building be lowered. The Attorney General has been conned
by Marcela Escobar-Eck and Jim Waring.
The following link is to Steve Strauss of Cooley, et al, press conference in
June 2007 where Sunroad’s lawyer states that the airport is safe, otherwise the
city-owned Montgomery Field would be closed.
http://www.youtube.com/watch?v=7j0sa_-MvQM
This example of believing Sunroad's lawyer Steve Strauss of Cooley, et al,
Marcela Escobar-Eck, and Jim Waring over the FAA, Caltrans, and the City
Attorney is just one of the 20 mistakes and misrepresentation of facts that need
to be corrected in the Attorney General's report.
Please call us to discuss the needed changes. We look forward to hearing from
your office.
Regards,
Katheryn Rhodes and Conrad Hartsell, M.D.
371 San Fernando Street
San Diego, California 92106
619-523-4350 rhodes@laplayaheritage.com
http://ag.ca.gov/cms_attachments/press/pdfs/n1558_sunroadreport.pdf
REPORT OF THE CALIFORNIA ATTORNEY GENERAL - SAN DIEGO CITY ATTORNEY MICHAEL
AGUIRRE’S ALLEGATIONS OF “CORRUPTION” AGAINST SAN DIEGO MAYOR JERRY SANDERS
REGARDING THE SUNROAD BUILDING PROJECT – MAY 2008, UNSIGNED.
----------------------------------------------------------------
Page: 12
"When approved, the Master Plan had no building height limitations because of
the property's zoning designation."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. IN 1997, THE PROJECT HAD A 3 STORY HEIGHT LIMIT IN THE MASTER PLAN
AND AN FLOOR-AREA-RATIO (FAR) OF 0.32 TO 0.42. FLOOR-AREA-RATIOS (FAR) ACT AS
DEFACTO HEIGHT LIMITS BY LIMITING DENSITY.
"The resulting zoning designation resulted in no height restrictions in the new
zone."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. THE HEIGHT LIMIT IS STILL EITHER 3 STORIES OR 45 FEET, AND THE
DEFACTO HEIGHT LIMIT (THE FLOOR-AREA-RATIO [FAR]) IS STILL A MAXIMUM OF 0.50 FOR
ALL OF KEARNY MESA. THE ZONING DESIGNATION NEVER CHANGED; IT IS STILL ZONE CA –
AREA SHOPPING CENTER, WHICH IS BY DEFINITION RETAIL. THE ONLY THING THAT CHANGED
IS THE USE FROM "COMMERCIAL" TO "MIXED-USE" (RESIDENTIAL AND COMMERCIAL).
"a permit planner noted the potential conflict between the 45-foot height limit
in the 1998 zoning update and the building's proposed height. The planner
determined that the original Master Plan superseded the subsequent zoning
change, giving Sunroad a vested right to the prior,
no-height-limitation zoning designation."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. THE ORIGINAL 1997 MASTER PLAN HAD A 3 STORY HEIGHT LIMIT. THE HEIGHT
LIMIT IS STILL 3 STORIES OR 45 FEET. MARCELA ESCOBAR-ECK IS THE PERSON WHO
CREATED THE ILLUSION THAT THERE WAS NO HEIGHT LIMIT BY CROSSING OUT A FEW
NUMBERS AND CHANGING A SUBHEADING ON A TABLE IN 2002. AN INCREASE IN HEIGHT OR
DENSITY CANNOT HAPPEN BY STATE CEQA LAW WITHOUT THE CITY COUNCIL’S APPROVAL OF A
SUPPLEMENTAL TO THE EIR WITH TRAFFIC, PARKING, POLICE, FIRE, PARKS, WATER, ETC.
ANALYSES. ASK SCOTT PETERS, BRIAN MAIENSCHIEN, JIM MADDAFER, TONI ATKINS, AND
DONNA FRYE IS THEY GRANTED SUNROAD UNLIMITED HEIGHT AND UNLIMITED DENSITY IN
2002 WHEN THEY CHANGED THE PERMITTED USE FROM "COMMERCIAL" TO "MIXED-USE"
(COMMERCIAL AND RESIDENTIAL). IN 1997 THE HEIGHT LIMIT WAS 3 STORIES. IN 2005,
MARCELA ESCOBAR-ECK CLAIMED THAT SHE SOMEHOW GAVE SUNROAD UNLIMITED HEIGHT,
UNLIMITED FLOOR-AREA-RATIO (FAR), AND UNLIMITED DENSITY IN 2002 WITHOUT THE CITY
COUNCIL’S APPROVAL BECAUSE OF HER PURPOSELY DECEPTIVE CHANGES TO A TABLE IN THE
MASTER PLAN.
----------------------------------------------------------------
Page: 13
"On September 16, 2005, Sunroad submitted the building permit application for
the Centrum 12 building project, with a proposed height of 180 feet."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. THE BUILDING PERMIT WAS FOR A 12 STORY BUILDING, NOT THE 14 ¬STORY
STRUCTURE THAT WAS ACTUALLY BUILT. THE HEIGHT OF THE 14-STORY STRUCTURE WAS NOT
ON THE BUILDING PERMIT APPLICATION. THE BUILDING PERMIT ONLY STATES THE AMOUNT
OF STORIES. THE HEIGHT IS ON THE ACCOMPANYING PLANS REFERENCED ON THE BUILDING
PERMIT; NOT ON THE BUILDING PERMIT ITSELF. THE ORIGINAL OFFICIAL SUNROAD PLANS
FOR THE SPECIFIC DATE OF THE PERMITS CANNOT BE FOUND. THE ORIGINAL MAPS ARE
MISSING, AND HAVE BEEN MISSING SINCE OUR ORIGINAL TRIP TO DSD ON APRIL 16, 2007.
PLEASE FIND THE MISSING ORIGINAL BUILDING PLANS DATED SEPTEMBER 16, 2005 THAT
SUPPOSEDLY HAD THE 180 FOOT SUNROAD CENTRUM 12 STRUCTURE.
----------------------------------------------------------------
Page: 15
"The appropriate process needs to be followed and we support that
effort.... A permit was issued that followed all of our city's rules and
regulations."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. THE HEIGHT LIMIT IS 3 STORIES OR 45 FEET. THE FLOOR-AREA-RATIO (FAR)
IS STILL 0.32 TO 0.42 OR A MAXIMUM OF 0.50, THE BUILDING PERMIT WAS FOR ONLY A
12 STORY STRUCTURE.
"someone raises an issue of height -- putting the City of San Diego in the
middle of a problem we did not create."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. MARCELA ESCOBAR-ECK WROTE THE 1997 MASTER PLAN AND THE FOUR REVISIONS
INCLUDING THE 2002 REVISIONS THAT SOMEHOW GRANTED SUNROAD UNLIMITED HEIGHT,
UNLIMITED FAR, AND UNLIMITED DENSITY. MARCELA
ESCOBAR-ECK AND TOM STORY AT THE TIME, CREATED THE PROBLEM BY IMPLYING THAT
THERE WAS NO HEIGHT LIMIT OR FLOOR-AREA ¬RATIO (FAR), OR DENSITY LIMIT IN THE
NEW CENTURY CENTER MASTER PLAN, AND THAT THESE GIFT TO SUNROAD WERE APPROVED BY
THE CITY COUNCIL.
"responding to an administrative request from an agency that already missed the
proper time to become involved?"
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. WHEN CALTRANS APPROVED THE 1997 MASTER PLAN, THERE WAS A 3 STORY
HEIGHT LIMIT AND A FLOOR-AREA-RATIO OF 0.32 TO 0.42. CALTRANS NEVER MISSED THE
PROPER TIME TO BECOME INVOLVED. THERE WAS NEVER A NEW
SUPPLEMENTAL TO THE EIR PRODUCED TO SHOW THE CITY OF SAN DIEGO GRANTING
UNLIMITED HEIGHT, UNLIMITED DENSITY, AND UNLIMITED FLOOR-AREA-RATIO (FAR) TO
SUNROAD. NOW THAT MARCELA ESCOBAR-ECK IS MAKING THIS CLAIM, CALTRANS HAS THE
RESPONSIBILITY TO SET THE RECORD STRAIGHT.
----------------------------------------------------------------
Page: 16
"The Chief Inspector advised Escobar-Eck that the proposals were
reasonable and necessary to protect the building's lower floor."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. ISAM HASENIN, THE CITY’S CHIEF BUILDING INSPECTOR REFUSE TO SIGN OFF
ON THE WEATHERIZATION. IN AN EMAIL FROM ISAM HASENIN TO MARCELA ESCOBAR-ECK ON
DECEMBER 19, 2006 THE MR. HASENIN STATED THAT THE Chief City Inspector Joe
Harris “ tells me you’re about to sign a letter allowing them to do work in the
roof area,… I have reviewed the plans with senior structural staff and would
recommend against allowing any work in the topmost floor, the roof, and
penthouse. THE CITY CHIEF BUILDING INSPECTOR WHO IS A REGISTERED CIVIL ENGINEER,
WAS OVERRULED BY MARCELA ESCOBAR-ECK WHO IS NOT AN ENGINEER. AFTER HE WAS
OVERRULED BY A
NON-ENGINEER, MR. ISAM HASENIN RESIGNED AND MOVE TO SAN FRANCISCO TO WORK FOR
THAT CITY. ACCORDING TO THE MUNICIPAL CODE AND STATE LAW, ONLY THE CHIEF
BUILDING OFFICIAL, AND NOT THE DIRECTOR OF MAYOR SANDERS’
DEVELOPMENT SERVICES DEPARTMENT (DSD), IS ALLOWED TO RESCIND A STOP WORK ORDER
WRITTEN BY THE CHIEF BUILDING OFFICIAL.
----------------------------------------------------------------
Page: 18
"In early May 2007, Sunroad's counsel, Steve Strauss, called Waring to propose a
second solution. That solution called for lowering the building to 166 feet 3
inches."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. THE MAJORITY OF THE BUILDING WOULD BE AT 166 FEET, BUT A MINORITY OF
THE BUILDING WOULD STILL BE 180 FEET. THE WHOLE BUILDING WOULD NOT BE LOWERED.
"That proposal would have entailed changing the bad weather western approach
from circling north near the Centrum 12 building to circling south - a route
already approved by the FAA."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. THE FAA APPROVED THE SOUTHERN ROUTE ON AN EMERGY BASIS ONLY DURING
CONSTRUCTION . NOT BECAUSE A PERMANENT SOUTHERN ROUTE WOULD BE A GOOD IDEA. THIS
IS AN ALTERNATE APPROACH OVER SINGLE-FAMILY RESIDENTIAL NEIGHBORHOODS INSTEAD OF
COMMERCIAL AND INDUSTRIAL ZONED LAND IN KEARNY MESA. BY PERMANENTLY CREATING THE
SOUTHERN ROUTE, AND AVOIDING THE NORTHERN ROUTE, THE VALUE OF SUNROAD’S PROPERTY
WOULD GO UP DRAMATICALLY. THE SOUTHERN ROUTE WAS TO HELP SUNROAD NOT JUST WITH
THEIR ONE EXISTING TOWER, BUT THE OTHER TWO TO FOLLOW. THEREFORE, BREAKING THE
0.50
FLOOR-AREA-RATIO FOR ALL OF KEARNY MESA NORTH OF MONTGOMERY FIELD. THIS WOULD
RESULT IN LUXURY HIGH-RISE CONDOMINIUMS ALL OVER KEARNEY MESA INSTEAD OF THE
EXISTING 3 STORY OR 45 FOOT HIGH WAREHOUSE, OFFICE, COMMERCIAL, AND
MANUFACTURING BUSINESSES. THIS PROPOSED CHANGE IS LANDING PATTERNS WOULD MAKE A
LOT OF PEOPLE WHO OWN PROPERTY IN KEARNY MESA NORTH OF MONTGOMERY FIELD, A LOT
OF MONEY.
----------------------------------------------------------------
Page: 24
"The proposal ultimately called for reducing 86 percent of the Sunroad building
to 166.3 feet, leaving 14 percent (the elevator mechanics) at 180 feet."
THIS PROPOSAL BY SUNROAD’S LAWYER, STEVE STRAUSS OF COOLEY, ET AL ALLOWS SUNROAD
TO COMPLY WITH THE BUILDING PERMIT FOR A 12-STORY BUILDING AND UNDERMINE'S THE
CITY LAWSUIT THAT A VALID BUILDING PERMIT WAS ISSUED. The Building is 179.31
feet, the Utility Room/Penthouse is 10.73 feet. The 12th/13th floor is 17.33
feet consisting of a 12-floor 15-foot high top story, and a 2.33 foot high
phantom floor. 179.31-10.73-2.33 = 166.25 feet. Also the 14th Floor utility room
is only considered a floor because it is more than 15 percent of the floor area.
Changing to 14 percent would only help Sunroad conform to the building permit
but not the FAA
regulation. This would further undermine the city's liability. It would not cost
any addition money to have the 86 percent go to 160 feet as it would to 166.3
feet. The 6.3 feet difference would be so that the issued permit for a 12-story
building would be complied with by Sunroad, and the City would not have a case
against Sunroad to an invalid issued Building Permit.
----------------------------------------------------------------
Page: 29
"the mayor meets with people from all walks of life and individuals on both
sides of an issue of concern to the city."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. THE MAYOR HAS NEVER MET ANY COMMUNITY MEMBERS WE KNOW OF, OR HAS EVER
MET WITH THE COMMUNITY PLANNING BOARD MEMBERS AT HIS OFFICE. THIS CAN BE
VERIFIED BY LOOKING AT MAYOR SANDERS’ SCHEDULE AND CALENDAR. THE ONLY PEOPLE WHO
HAVE ACCESS TO THE MAYOR ARE CAMPAIGN CONTRIBUTORS. THE AVERAGE CITIZEN IS OUT
OF LUCK.
----------------------------------------------------------------
Page: 30
"According to Mayor Sanders, he met Feldman to discuss the building issue
consistent with his practice in all the city's business to meet with individuals
on both sides of an issue, whether he agrees or disagrees with the individual's
position and regardless whether the individual is a supporter or detractor of
his."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. MAYOR SANDERS SPECIFICIALLY REFUSES TO MEET WITH MEMBERS OF THE
GENERAL PUBLIC WHO HAVE CITY-WIDE AND SPECIFIC PROJECTS THAT NEED TO BE
ADDRESSED. IN GENERAL, THE PUBLIC RECEIVED NO CALLS OR CONTACT EVEN AFTER THE
MATTER OF PUBLIC CONCERN IS REFERRED TO THE MAYOR'S OFFICE BY THE CITY COUNCIL
DURING NON-AGENDA PUBLIC COMMENT.
----------------------------------------------------------------
Page: 31
"The Centrum 12 building had been proposed at 180 feet and had been permitted at
that height."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. THE BUILDING PERMIT DID NOT MENTION HEIGHT, IT ONLY MENTIONED A
12-STORY BUILDING, and NOT THE 14-STORY BUILDING THAT WAS CONSTRUCTED.
"It is false to assert that the mayor "allowed" Sunroad to construct an illegal
building which endangered public safety. The construction was properly and
legally permitted by the city's established process." THIS IS A FALSE STATEMENT
OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE CORRECTED. MAYOR SANDERS IS STILL
NOT UPHOLDING THE HEIGHT LIMIT, FLOOR AREA RATIO, CEQA, THE EIR OR THE MASTER
PLAN. THE CITY’S ESTABLISHED PROCESS TO ADD DENSITY AND HEIGHT AND INCREASE THE
FAR HAS TO INCLUDE A SUPPLEMENTAL TO THE EIR THAT ADDRESSED POTENTIAL PROBLEMS
SUCH AS
ADDITIONAL TRAFFIC, PARKING, WATER, SEWER, PARKS, POLICE, FIRE, ETC. THIS WAS
NEVER DONE EVEN WHEN MAYOR SANDERS KNEW ABOUT THE VIOLATIONS SINCE 2005.
”The building as topped out did not endanger public safety because the FAA would
have closed Montgomery Field to Air Traffic if it had. We find no evidence of
corruption or unethical behavior in the permitting process undertaken by the
city.”
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. THIS FALSE STATEMENT CAME STRAIGHT FROM JIM WARING’S AND SUNROAD’S
LAWYER, STEVE STRAUSS OF COOLEY, ET AL. IT IS A LAME EXCUSE. ACCORDING TO THE
FEDERAL FAA LAWS, CALTRANS STATE LAW, THE MUNICIPAL CODE, AND THE CITY ATTORNEY,
THE BUILDING AS TOPPED OUT AT 180 FEET DID INDEED ENDANGER PUBLIC SAFETY. THAT
IS WHY THIS WAS A LARGE ISSUE AND THE BUILDING WAS LOWERED TO 12-STORIES AND 160
FEET. THE SAN DIEGO BUSINESS COMMUNITY TRIED TO CHALLENGE THE FAA REGULATIONS
AND PUSH THE ENVELOPE. THIS WOULD HAVE SET A PRECIDENT ALL OVER THE UNITED STATE
TO VIOLATE FAA GUIDELINES. THE FAA AND THE STATE RE-ESTABLISHED THEIR CONTROL
OVER PRIVATE INTERESTS.
----------------------------------------------------------------
Page: 33
Escobar-Eck consulted with city building official Hasenin and Harris who agreed
that the proposed measures were reasonable to insure against weather damage.
THE ONLY OFFICIAL ADVICE THAT MATTERED OR HAD ANY AUTHORITY BASED ON THE
MUNICIPAL CODE AND STATE LAW WAS ISAM HASENIN, THE REGISTERED CIVIL ENGINEER.
MR. HASENIN REFUSED TO SIGN OFF ON THE WEATHERIZATION. MARCELA ESCOBAR-ECK, WHO
IS NOT A REGISTERED ENGINEER, SIGNED OFF ON THE
WEATHERIZATION WITHOUT THE APPROVAL OF ISAM HASENIN.
----------------------------------------------------------------
Page: 35
"It was issued by DSD, before the mayor and his staff were aware of the problem
with the Sunroad building."
THIS IS A MISLEADING STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. DSD IS INDEED PART OF THE MAYOR'S STAFF. DSD DOES EXACTLY WHAT THE
MAYOR’S OFFICE TELLS THEM TO DO. DSD TAKES THEIR ORDERS DIRECTLY FROM MAYOR
SANDERS.
----------------------------------------------------------------
Page: 91
"In the proposal, 86% of the building height was reduced to 166.3 feet and 14%
to 178 feet. The flight approaches were modified to restore flight safety
margins."
THIS PROPOSAL ONLY HELPS SUNROAD ABIDE BY THE 12-STORY BUILDING PERMIT FOR THE
14-STORY BUILDING AND WOULD BE DETRIMENTAL TO THE CITY'S POSITION THAT THE
BUILDING PERMIT WAS NOT VALID. THERE IS NO ADDITIONAL COST FOR SUNROAD TO REDUCE
THE HEIGHT TO 160 FEET COMPARED TO 166.3 FEET. THIS WAS DONE SOLELY FOR STEVE
STRAUSS OF COOLEY, ET AL, SUNROAD'S LAWYER, WHO CAME UP WITH THE PROPOSAL TO
WHICH THE CITY AGREED FOR THE SOLE BENEFIT OF SUNROAD, AND AGAINST THE CITY OF
SAN DIEGO'S FINANCIAL INTERESTS.
----------------------------------------------------------------
Page: 109
"The letter makes it clear that this was the City's presentation and proposal
and not a presentation made on behalf of Sunroad."
THIS IS A FALSE STATEMENT OF FACT BY THE ATTORNEY GENERAL AND SHOULD BE
CORRECTED. THE IDEA FOR BOTH THE 166 FOOT HEIGHT AND THE CHANGE IN APPROACH TO
THE SOUTH OVER RESIDENTIAL NEIGHBORHOODS WAS THE IDEA OF STEVE STRAUS OF COOLEY,
ET AL, SUNROAD'S LAWYER. THE CITY TOOK STEVE STRAUSS' PROPOSAL WORD FOR WORD.
MONTHS BEFORE THE SOUTHERN ROUTE WAS PRESENTED TO THE FAA, SUNROAD’S AVIATION
CONSULTANT RECOMMENDED THE EXACT SOLUTION TO THE CITY OF SAN DIEGO. SUNROAD'S
CONSULTANT HELPED DRAFT MAYOR SANDER'S PRESENTATION TO THE FAA. THE AIRPORT
AUTHORITY REPRESENATIVE, TED SEXTON, ASKED FOR SUNROAD’S APPROVAL OF THE
POWERPOINT PRESENTATION IN AN EMAIL. http://www.youtube.com/watch?v=7j0sa_-MvQM
----------------------------------------------------------------------
From: rhodes@laplayaheritage.com
Date: Mon, June 2, 2008 6:14 pm
To: gary.schons@doj.ca.gov, dane.gillette@doj.ca.gov
Cc: emaland@sandiego.gov, anthonyyoung@sandiego.gov,
cityattorney@sandiego.gov, MAguirre@sandiego.gov, benhueso@sandiego.gov,
bmaienschein@sandiego.gov, donnafrye@sandiego.gov, shadley@sandiego.gov,
jmadaffer@sandiego.gov, KevinFAULCONER@SANDIEGO.GOV,
smcnally@sandiego.gov, MAwbrey@sandiego.gov, jerrysanders@sandiego.gov, oei@sandiego.gov,
ScottPeters@sandiego.gov, toniatkins@sandiego.gov
Dear Department of Justice,
The following is an electronic copy of the 200+ page report we hand delivered to
the San Diego Department of Justice office on Thursday, May, 29, 2008. The
following is for the first 4 pages only. The remaining electronic versions of
the documents specifying our charges of corruption against City personnel and
Sunroad are including in the website links.
Besides the misinterpretation of facts in the Attorney General's report
submitteded in our report to you, we have documented proof that additional
statements of fact in the Attorney General's report is not substantiated by the
truth. Please call us at 619-523-4350 to discuss.
After your review, please allow us the opportunity to explain this
slight-of-hand, easy to miss, corruption in person so that we can walk you
through the conspiracy by City personnel, at the time, and Sunroad to violate
many local, state, and federal laws for money and greed.
Regards,
Katheryn Rhodes and Conrad Hartsell, M.D.
---------------------------------------------------------------------
May 29, 2008
Honorable Edmund G. Brown, Jr.
Attorney General
State of California
P.O. Box 944255
Sacramento, California 94244-2550
Honorable Gary Schons
Supervising Deputy Attorney General
Office of the Attorney General – San Diego
110 West A Street, Suite 1100
San Diego, California 92101
Dear Gentlemen:
As citizens of the City of San Diego and the State of California we are asking
that you amend the May 2008 Report of the California Attorney General entitled:
"San Diego City Attorney Michael Aguirre's Allegation of 'Corruption' Against
San Diego Mayor Jerry Sanders Regarding the Sunroad Building Project." The
report did not analyze official city documents available at the City Clerk's
office which we submitted into the public record during City Council and
Planning Commission meetings.
Several documents are attached. In order to see the entire scope of the
corruption perpetrated by the City of San Diego Unions, Development Services
Department personnel under Mayor Sanders' control including Marcela Escobar-Eck
and Jim Waring, Tom Story, Sunroad, and Sunroad's lawyers the investigation
needs to go back to the 2002 City Council approved changes to the Master Plan,
where only a vested change in land use from Commercial to Mixed-Use was
approved.
We are not saying that Mayor Sanders is corrupt because most of the changes to
set this conspiracy in motion were started before Mayor Sanders took office in
2005. Mayor Sanders is cleared, except for the time in 2007, when Jim Waring
lobbied that the completed 180-foot, 14-story, Sunroad Centrum 12 high-rise
tower be lowered to 166 feet instead of the FAA approved 160 feet. This tack of
getting rid of the phantom floor (13th Story) and utility room (14th Story)
floor was so that Sunroad would be abiding by the issued Building Permit for a
12-Story Building. Thereby conforming to the issued Building Permit, and at
least by a portion of the Municipal Code, but still allowing FAA regulations to
be ignored. This tacked of would dramatically help Sunroad in their assertions
that they have abided by a valid building permit, which they do not. This tack
would have also given credence to Sunroad's $40 million dollar lawsuit against
the taxpaying citizens of San Diego.
The Attorney General's report also forgot to include the memorandum from Deputy
City Attorney David Miller who said that the 2002 changes in the New Century
City Master Plan did not give Sunroad vested development right to unlimited
height, or unlimited density. This fact was ignored by the Attorney General.
In 2002, the City Council only approved a changed in use from Commercial to
Mixed-Use (Commercial and Residential). This can be verified by watching the
video of the City Council meeting in 2002. In addition, in order to verify our
claim, please ask Scott Peters, Brian Maienshien, Tony Atkins, Donna Frye, or
Jim Maddafer and ask them if they ever voted to give Sunroad unlimited height
and unlimited density for the New Century City Master Plan, thereby destroying
the Floor-Area-Ratio (FAR) of 0.50 for Kearny Mesa. This increase in density and
height never happened. However, the Attorney General's report believe the lies
of Marcela Escobar-Eck who made purposely deceptive, slight changes on a table
and a subheading in 2002 revision to the New Century Center Master Plan.
We believe the project can handle additional density and height over the
allowable Floor-Area-Ratio (FAR) of 0.5 for Kearny Mesa and the 45-foot or 3
Story height limit. Sunroad, the Kearny Mesa Planning Board, Mayor Sander, the
City Attorney, and the City Council including Donna Frye, all would like an
increase in density and height for the New Century Master Plan. However, before
the increase in density and height can be approved, a Supplemental to the EIR
has to be written and approved by the City Council through a Discretionary
Process 5 review. Additional Environmental studies such as a traffic report,
height analysis, FAA Part 77
determinations, water, parks, parking, etc. would need to be prepared to analyze
the increase in height and density over what is established by the San Diego
Municipal Code.
From the Attorney General's report -"The construction was properly and legally
permitted by the city's established process." - In 1997... when approved, the
Master Plan had no building height limitations because of the property's zoning
designation."
From the UT headlines "Sanders cleared in Sunroad dealings" should also read
"The AG has also cleared Sunroad in Sunroad's dealing."
These statements of fact in the Attorney General's report are not correct. In
1997 when the New Century Center Master Plan was approved the area was zoned CA
Commercial with a 3 Story height limit and a FAR of 0.32-0.42 for the project.
Not only does the Attorney General's report says that Sander is not corrupt, it
also states that Sunroad followed the law and never violated any laws in regard
their high-rise project in Kearny Mesa. Therefore, San Diego taxpayers do not
have a case and should fork over $40 million dollars to Sunroad right now.
Maybe Sanders did not understand how Marcela Escobar-Eck was setting up the City
to either close Montgomery Field for development, or invite a pre-ordained
lawsuit from Sunroad. However, it is false information that Sunroad permit
process was done in accordance with the law. Mayor Sanders should tell the
Attorney General's office, to clear him of corruption by his staff and Sunroad,
but stay away from analyzing the Sunroad situation without researching the
backup information.
For the Attorney General to state that what Sunroad did was legal and done in
accordance with the existing Municipal Code, EIR, CEQA, New Century Center
Master Plan, is irresponsible. The Attorney General should stay on the issue of
Mayor Sanders, and not go into analyzing the convoluted Master Plan, that is
purposely deceptive thanks to Marcela Escobar-Eck subtle changes on a subheading
on a table in the Master Plan in 2002.
Sunroad currently has a $40 million dollar lawsuit riding on the
assumption that the project was properly permitted by the City and all laws were
followed. They do not have a case against the taxpayers because they knowingly
and recklessly violated the law.
Sunroad violated the Municipal Code because of the phantom floor, the
Floor-Area-Ratio (FAR) of 0.50 in Kearny Mesa, the New Century City Master Plan,
State CEQA laws, and FAA regulations. If the correct procedure and the City's
established processes were followed, then the building would be 3-stories or 45
feet high like the rest of Kearny Mesa.
Our website detailing the corruption which all the supporting
documentation can be found at:
http://www.laplayaheritage.com/Airport.htm
Pat Flannery's Blog of San Diego website also has a timeline of documents which
were not reviewed by the Attorney General in preparation of their report
clearing everyone of corruption. Attachment 1 shows all the public documents
which should be reviewed before a response is made.
See Pages 6 through 9 of the County of San Diego Grand Jury Investigation dated
April 16, 2008 [Enclosed].
http://www.co.san-diego.ca.us/grandjury/reports/2007_2008/DSD.pdf
The first thing the Attorney General should have done is read our two public
reports given to the City Council on the subject of Sunroad and the Airport
Authorities' March 2005 Draft Airport Land Use Compatibility Plan (ALUCP)
entitled:
http://tinyurl.com/366hup
2005 Premeditated Corruption under the Guise of "Mistakes" and
"Oversight." Corruption Amongst Sunroad, Sunroad's Lawyers, and the City of San
Diego, dated June 19, 2007 [Enclosed].
and
http://www.laplayaheritage.com/Sunroad_Investigation_with_Figures.pdf
[Enclosed].
Nowhere in the Attorney General's report did it mention that the building was 14
stories instead of 12 stories, the Floor-Area-Ratio (FAR) for Kearny Mesa is
0.50, and an EIR is needed before additional density can be given to Sunroad.
In 2005 the City of San Diego and Sunroad's lawyers stopped the Airport Land Use
Compatibility Plan (ALUCP) from being adopted, to make all projects around
Montgomery Field, Lindbergh Field, and Brown Field be considered existing
conforming uses even before building permits are issued.
If the ALUCP was adopted in 2005, Sunroad would not be able to build residential
next to Brown Field, an airport review would be required for any project over 70
feet, and the FAA Part 77 Guidelines would be formally adopted in the City of
San Diego.
We do not believe Sanders is responsible for the 2002 changes to the New Century
Center Master Plan or the first delay in the ALUCP in 2005 because he was not in
office yet. Marcela Escobar-Eck wrote both the 2002 Master Plan changes with the
help of Tom Story at that time, and then used a slight-of-hand to try to pretend
there was no longer a 45 foot height limit as in the other 4 previous versions
of the Master Plan by changing a subheading on a table and crossing some numbers
out. This supposed increase in density cannot be approved by State CEQA law
until a
Supplemental to an EIR is written and adopted by the City Council. This never
happened, and Mayor Sanders and Attorney General are wrong that there are no
limits to the density, height, and Floor-Area-Ratio (FAR) in the New Century
Center Master Plan.
Instead of taking action and analyzing the situation, the Sanders'
administration never analyzed the violation of the Municipal Code or required
that a Supplemental to the EIR be done in order the mitigate the increase in
density that Marcela Escobar-Eck somehow granted to Sunroad without the City
Council approval in 2002.
Until there is action by Mayor Sanders' office to analyze violation of its own
law, it just more of the same delay, deny, and deceive, culture of corruption,
Enron-by-the-Sea mentality that he accused Mayor Dick Murphy of when he came
into office in 2005. Too bad San Diego cannot learn from her mistakes. Nothing
has changed.
The violations of the law including the Municipal Code, the EIR, the Master
Plan, and CEQA are on-going and have never been resolved, even though Mayor
Sanders was responsible for fixing the problems since 2005.
Sunroad did fix the problem with the Phantom Floor (13th Story) and Utility Room
(14 Story) by taking out the top floor and reconfiguring the elevator access to
the 10th floor.
Maybe when Sanders' responds to Pages 6 to 10 of the County of San Diego Grand
Jury report dated April 16, 2008, we will know if he ever plans on correcting
the on-going violations of the law, or if Mayor Sanders will ignore the law and
let Sunroad slide, again.
We do think Marcela Escobar-Eck, who Mayor Sanders hired, is responsible for the
deception. But Mayor Sanders has still not acknowledged the Floor-Area-Ratio of
0.50 for Kearny Mesa or that a Supplemental to an EIR is needed before
additional density is granted on any Master Plan. Mayor Sanders also did not
acknowledge that while on his watch, according to the Municipal Code DSD
approved a 14-story building using a 12-story permit.
In conclusion, please read the full public record regarding Sunroad and the New
Century Center Master Plan. Because the slight-of-hand deception is so subtle,
after your review, please allow us the opportunity to explain the nuances which
allowed this corruption to happen and risk the lives of pilots and citizens in
the City-owned Montgomery Field. Many people have been conned and mislead by
Marcela Escobar-Eck and Jim Waring. We were also conned and believed the lies,
until we studied the project in detail.
Respectfully Submitted,
Katheryn Rhodes and Conrad Hartsell, M.D.
371 San Fernando Street
San Diego, California 92106
(619) 523-4350
rhodes@laplayaheritage.com
Reference:
http://www.laplayaheritage.com/Airport.htm
Attachment 1
http://www.blogofsandiego.com/Issues/Sunroad/Documents.htm
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