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HomeMy WebLinkAboutPIP 05-23; Bressi Ranch PA 4 Business Center; Planned Industrial Permit (PIP)^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPUED FOR: (CHECK BOXES) Develooment Pennits (FOR DEPT. USE ONLY) Leaislative Permits (FOR DEPT. USE ONLY) Q Administrative Permit 1 1 General Plan Amendment n Coastal Development Permit (*) CD Minor 1 1 Local Coastal Program Amendment (*) [U Conditional Use Permit (*) 1 1 Minor D Extension 1 1 Master Plan O Amendment Q Environmental Impact Assessment 1 1 Specific Plan [Zl Amendment n Habitat Management Permit Q Minor 1 1 Zone Change (*) Q Hillside Development Permit (*) 1 1 Zone Code Amendment 1 1 Planned Development Permit 1 1 Residential d Non-Residential K Planned Industrial Permit V-y-T^riiif^i^ Q Planning Commission Determination List other aoolications not SDecified K Planned Industrial Permit V-y-T^riiif^i^ Q Planning Commission Determination • Q Site Development Plan • n Special Use Permit • n Tentative Tract Map (*) = eligible for 25% discount IZ] Variance Q Administrative NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: Z\3 - fap—G^ GfL<!s£! fisAH^ti d^ASt^l. PLAI>) BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ON THE: BETWEEN STREET ADDRESS SIDE (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) (NAME OF STREET) AND (NAME OF STREET) p-1 Page 1 of 5 Revised 07/10 OWNER NAME (Print): MAILING ADDRESS: 37WP K'W. A (n4><^ft-V W».>^, CITY, STATE, ZIP: n><,^.A CA 9^80^^^'' TELEPHONE: ' >f C - S EMAIL ADDRESS: APPLICANT NAME (Print): ^^^f. SoftcX><V MAILING ADDRESS: 3 T6v^w> /<,vj ^ .S^.-.^ | CITY, STATE, ZIP: J^^V^Mft &tfAU.gA ^UPTT TELEPHONE: 8 - ~ ^ 0 EMAIL ADDRESS: ZST^fPj^ Q fffu^mc. 7 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOJ DAtE ' I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF M-OlNeWLEDGE. SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): 3-^ f S>C^Q^^A fiA^'^tfC'^ iAM^^^^ih kUiS^i^.X^ MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF* THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH fcTHE LAND ANOIBIND ANY SUCCESSORS IN INTEREST. ROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEiVED APR 1 2 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 5 Revised 07/10 DISCLOSURE Development Services STATEMENT Planning Division r 1 T y Of P-1(A) 163S Faraday Avenue CARLSBAD P-1(A) (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, fimi, co-partnership, joint venture, association, social club, fraternal organiaation. corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, distnct 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. APPLICANT (Not the applicant s agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnershio. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a pubiiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary .) Person Corp/Part_ Title Title Qo/^rtcJ^c TW-UfttftT Address Address OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corooration or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part V-'l-t TA(V Title Title • ' Address Address 3TVC:^ WCtWy ^J*t <*-.>ao P-1(A) Pagel of2 Revised07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Tnjst Non Profit/Trust Title Title Address Address, Have you had more than $500 worth of business transacted with any mernber of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? O Yes HNO If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above infomnation is true and correct to the best of my Icnowledge. Signature of own^f/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 •lllllllllllll Applicant: PMA INC/SOBCZBK JEFF Description Amount PIP0523AX2 968.75 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0089211 Transaction ID: T000111065 Transaction Date: 04/12/2012 Pay Type Method Description Amount Payment Check 968.75 Transaction Amount: 968.75 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR ^ . , 1 DEPARTMEtfT O ; n /S-C -^-^AYl USEONLY) • Administrative Permit 13 • Administrative Permit 13 Planned Industrial Permit — rlr OvZ5x( • Administrative Variance • Planning Commission Determination • Coastal Development Permit • Precise Development Plan • Conditional Use Pennit • Redevelopment Permit • Condominium Pennnit • Site Development Plan • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tontativo Parcel Map Obtain from Engineering Department • Local Coastal Program Amendment • Tentative Tract Map • Master Plan • Variance • Minor Conditional Use Pemiit • Zone Change • Non-Residential Planned Development • List other applications not specified • Planned Development Pemiit 2) ASSESSOR PARCEL NO(S).: 213-120-04 • 3) 4) PROJECT NAME: Bressi Ranch PA 4 - PIP 05-23 Extension BRIEF DESCRIPTION OF PROJECT: Extension to existing PIP 05-23 5) OWNER NAME (Print or Type) HCP LS Carlsbad, LLC 6) APPLICANT NAME (Print or Type) 1 HOFMAN PLANNING & ENGINEERING MAILING ADDRESS 400 Oyster Point Blvd., Suite 409 MAILING ADDRESS | 3152 Lionshead Avenue CITY AND STATE ZIP TELEPHONE SAN FRANCISCO, CA 94080 (858)704-1966 CITY AND STATE ZIP TELEPHONE CARLSBAD, CA 92010 (760)692-4022 EMAIL ADDRESS: jeffso@pmainc.com EMAIL ADDRESS: nroderick@hofmanplanning.com 1 CERTIFY THAT 1 MA THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNpVWffDGE. yp J / i 1 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THK^L THE ABOVE INFORMATION IS TRUE AND COrtR^eT TOJff^BEST OF MY KNOWLEDGE. j6l9N/n-CIRE / DATE ' SIGNATURE DATfe ' ' BRIEF LEGAL DESCRIPTION Lots 29-32 of Carlsbad Tract 02-15 MOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 14 Rev. 03/06 PAGE 1 OF 5 8) LOCATION OF PROJECT: ON THE SOUTH STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST. WEST) PALOMAR AIRPORT RD (NAME OF STREET) BETWEEN I COLT PLACE (NAME OF STREET) AND EL FUERTE 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 17 1 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 25) N/A 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE N/A 300K (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE N/A N/A 17) PROPOSED INCREASE L_„ 18) PROPOSED SEWER hftc« IMAnT 4200 llOA/^ClMCfMl lOO.O 18.01 PM IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING PI PM USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # PI Y/N IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TOI FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED PIP ^5-2Sxi RECEIVED CITY OF CARLSBAD DATESp^i^,^^^lg^(^f^l ED RECEIVED BY: TOTAL FEE REQUIRED Form 14 Rev. 03/06 PAGE 2 OF 5 02/03/2001 18:52 FAX @1001/002 RECEIVED APR t if '"'^1 Citv of Carlsbad OF CARLSBAD •-" »» " • • Liii -i-u^NNING DEPT Planning Departmer. t DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership Interests on ell applications which will require discretionary action on the part ofthe City Council or any appointed Boand, Commission or CommitteG. The following information MUST be disclosed at Ihe time of application submittal. Your project cannot be reviewed until this Information Is completed. Please print Note: Pereon Is defined a? 'Any Individual, firm, co^Bftnanhlp, Joint vsnture, oBSaciaUon. Bodal club, fratemal organlZBHan. corpor^n, estate; thjst. receiver, syndicate. In: this and any other county, dty and county, city municipality, district or other pblttical subdivision or any other group or combination acUho BB a unit' Agents may sign this document; however, tho legal name and entity of the applicant and property owner muet be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COl\/|PLETE. LEGAL nannes and addresses of ALL persons having a financial interest in the application, Ifthe applicant includes a gprporation or partnershio. include the names, title, addresses of all individuals owning more tfian 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a pubiich^-owned corporation. Include the names, titles, and addresses ofthe corporate officers. (A separate page may be attached If necessary.) Person M<^it;^(ig- P>c^enc/V^ Corp/Part HOFMAM PIAMMINO & ENGINEERING Title Ass. \^ VZLVN V\aY\V\^.ir Title Address Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (I.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corooration or partnershto. include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a Dublidv-Qwned comoration. Include the names, fitles, and addresses of the corporate officers. (A separate p^ge ma^ t>$ attached if necessary.) \/lJP/t&l0kt Corp/Part HCTP LS CARLSBAD LLC Title 1B35 f^tadoy Avanue • Carlobad. CA 92006-7314 . (THO) 802-4600 • FAX (TBD) BOZ^fiSSS - www.d.cartahori.ca.us 02/03/2001 18:52 FAX 1)002/002 3. NON-PROFIT ORGANIZATION OR TRUST If eny person identified pursuant to (1) or (2) above is q nonprofit onpaniMtion pr a trust, list Ihe names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary ofthe. Non Profltn"ru8t Non Profltn"rust Title Title Address . . . Address Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes 1^ No If yes, please indicate person(s):. NOTE: Attach additional sheets If necessary. I certify that all the above infont^tion is true and correct to the best of my Icnowledge. Signat^^f owner/^^fe Signaiura of applicant/date Aon hc^(^f^^f^e.\^ Uafalie M^vidt^ Print or type nai^e of ovwier Print or type name of applicant Signature of owner/applicant's agent If applicable/date Print or type name of owner/applicant's agent 2 of 2 RECEIVED APR 1 4 2009 SECTION 1 CITY OF PARI SRAD NEW DEVELOPMENT PLANNING DEPT PRIORITY PROJECT TYPE Does you project meet one or more ofthe follow/ing criteria: YES NO 1. Home subdivision of 100 units or more. Includes SFD, MFD, Condominium and Apartments X 2. Residential develooment of 10 units or more. Indudes SFD, MFD, Condominium and Apartments X. 3. Commercial and industrial development areater than 100.000 sauare feet includina parkina areas. Any development on private land that is not for heavy industrial or residential uses. Example: Hospitals, Hotels, Recreational Facilities, Shopping Malls, etc. 4. Heavv Industrial/ Industrv areater than 1 acre (NEED SIC CODES FOR PERMIT BUSINESS TYPES) SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539 X 5. Automotive reoair shoo. SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539 >^ 6. A New Restaurant where the land area of development is 5.000 sauare feet or more includina parkina areas. SIC code 5812 X 7. Hillside development (1) greater than 5,000 square feet of impervious surface area and (2) development will grade on any natural slope that is 25% or greater A 8. Environmentallv Sensitive Area (ESA). Impervious surface of 2,500 square feet or more located within, 'directly adjacent"^ to (within 200 feet), or "discharging directly to receiving water within the ESA^ X- 9. Parkina lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban runoff X 10. Retail Gasoline Outlets - servina more than 100 vehicles per dav Serving more than 100 vehicles per day and greater than 5,000 square feet X 11. Streets, roads, driveways, hiahwavs. and freewavs. Project would create a new paved surface that is 5,000 square feet or greater. 12. Coastal De velopment Zone. Within 200 feet cf the Pacific Ocean and (1) creates more than 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 10%. X 1 Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and Count of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situated within 200 feet ofthe environmentally sensitive area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. Section 1 Results: If you answered YES to ANY ofthe questions above you have a PRIORITY project and PRIORITY project requirem.ents DO apply, A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time'of application. Please check the "MEETS PRIQRITY REQUIREMENTS" box in Section 3, If you answered NO to ALL of the questions above, then you are a NON-PRIORITY project and STANDARD requirements apply. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3. SWMP R,ev 6/4/08 SECTION 2 SIGNIFICANT REDEVELOPIVIENT; YES NO 1. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) If you answered YES, please proceed to question 2. If you answered NO, then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 2, Is the project solely limited to one ofthe following: a. Trenching and resurfacing associated with utility work? b. Resurfacing and reconfiguring existing surface parking lots? c. New sidewalk construction, pedestrian ramps, or bike lane on public and/or private existing roads? d. Replacement of existing damaged pavement? If you answered NO to ALL of the questions, then proceed to Question 3. If you answered YES to ONE OR MORE ofthe questions then you ARE NOT a significant redevelopm.ent and you ARE NOT subject fo PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 3. Will the development create, replace, or add at least 5,000 square feet of impervious surfaces on an existing development or, be located within 200 feet of the Pacific Ocean and (l)create more than 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 10%? If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY project requirements. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3 below. If you answered NO, you ARE NOT a significant redevelopment, and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. SECTION 3 Questionnaire Results: a-"^ MY PROJECT MEETS PRIORITY REQUIREMENTS, MUST COMPLY WITH PRIORITY PROJECT STANDARDS AND MUST PREPARE A STORM WATER MANAGEMENT PLAN FOR SUBMITTAL AT TIME OF APPLICATION. • MY PROJECT DOES NOT MEET PRIORITY REQUIREMENTS AND MUST ONLY COMPLY WITH STANDARD STORM WATER REQUIREMENTS, Applicant Infonnation and Signature Bo.x 7/i« IktxJiir Ciiy 0\L Ofi.'y Address: Assessors Parcel Niiniber(s): Applicant Name: .Applicant Title: St/fifti-TiPft. ts^/' Applicant Signature Dale: C!'it>' ConcutreiKc; Pioject ID, SWMP Rev 6/4/08 Order Nw^d: NCS-130324-SA1 Page Number: 1 Updated March 26, 2009 First American Title Insurance Company National Commercial Services 4380 La Jolla Village Drive, Suite 200 San Diego, CA 92122 March 26, 2009 Jeff Sobczyk Project Management Advisors 462 Stevens Ave. #106 Solana Beach, Ca. 92075 RECEIVED APR 1 h 2009 CITY OF CARLSBAD PLANNING DEPT Title Officer: Phone: Fax No.: E-Mail: Owner: Property: Ralph M. Snyder (858)410-2150 (619)330-2492 rsnyder(§)firstam.com Slough Carlsbad, LLC, a Delaware limited liability company Gateway Road, Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company heretiy reports that it is prepared to issue, or cause to be Issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded fi-om coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available fi-om the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the titie insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting titie to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should tie requested. First American We Insurance Company Order NunW^: NCS-130324-SA1 Page Number: 2 Dated as of March 23, 2009 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To be determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Slough Carlsbad, LLC, a Delaware limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2009-2010, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2008-2009. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $53,598.35, Paid $5,359.84 $53,598.35, Open $5,369.84 09165 213-262-06-00 First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $14,822.47, Paid $1,482.25 $14,822.47, Open $1,492.25 09165 213-262-07-00 First Installment: Penalty: $22,104.59, Paid $2,210.46 First American Title Insurance Company Order NurrS^f: NCS-130324-SA1 Page Number: 3 Second Installment: $22,104.59, Open Penalty: $2,220.46 Tax Rate Area: 09165 A. P. No.; 213-262-08-00 First Installment: $27,877.68, Paid Penalty: $2,787.77 Second Installment: $27,877.68, Open Penalty: $2,797.77 Tax Rate Area: 09165 A. P. No.: 213-262-09-00 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code, none are due and payable as of the date of the policy. 4. Assessments under the 1915 Bond Act, for improvement of Poinsettia Lane East, none are due and payable as of the date of the policy. 5. An easement for traffic signalization and road and incidental purposes, recorded November 18, 1986 as instrument no. 86-530341 of Official Records. In Favor of: City of Carlsbad, a municipal corporation. Affects Lot 29. 6. An easement for avigation and incidental purposes, recorded August 11, 1987 as instrument no. 87-452377 and August 20, 1987 as instrument no. 87-472299, both of Official Records. In Favor of: The County of San Diego. Affects: The location of the easement cannot be determined from record information. 7. The privilege and right to extend drainage structures, excavation and embankment slopes beyond the limits of highway where required for the construction and maintenance of said highway as conveyed in Deed recorded December 10, 1992 as instrument no. 1992-0793169 of Official Records. Affects Lot 29. 8. The terms and provisions contained in the document entitled "Agreement Regarding the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1" recorded December 11, 1998 as instrument no. 1998-0806517 of Official Records. 9. The terms and provisions contained in the document entitled "Agreement Regarding Covenants Running with the Land" recorded February 18,1999 as instrument no. 1999-0098738 of Official Records. First American Title Insurance Company Order NumBer: NCS-130324-SA1 Page Number: 4 10. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded February 25, 2003 as instrument no. 2003-0210190 of Official Records. 11. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded March 11, 2003 as instrument no. 2003-0270075 of Official Records. 12. Ttie terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded March 11, 2003 as instrument no. 2003-0270076 of Official Records. 13. The fact that said land lies within the Boundaries of Annexation No. 02/03-01 Community Facilities District No. 1 City of Carlsbad, as disclosed by instrument recorded March 14, 2003 as instrument no. 2003-0289324 of Official Records. The terms and provisions contained in the document entitled "Amendment to the Notice of Special Tax Lien (Notice of Annexation" recorded March 14, 2003 as instrument nos. 2003- 0289327 and 2003-0289328, both of Official Records. These two instruments are duplicates. Assessments are collected with the property taxes. 14. An easement shown or dedicated on the Map no. 14600 For: restricted sight distance corridor and incidental purposes. Affects Lots 29 and 32. 15. Abutter's rights of ingress and egress to or from Palomar Airport Road have been dedicated or relinquished on Map no. 14600. Affects Lot 29. 16. Abutter's rights of ingress and egress to or from Gateway Road excepting therefrom the access openings have been dedicated or relinquished on the Map no. 14600 and 14960. Affects Lots 30, 31 and 32. 17. Abutter's rights of ingress and egress to or from El Fuerte Street have been dedicated or relinquished on Map no. 14600. Affects Lots 29 and 32. 18. An easement for electrical and communication facilities and incidental purposes, recorded November 7, 2003 as instrument no. 2003-1351662 of Official Records. In Favor of: San Diego Gas and Electric Company. Affects Lots 29 and 32. First American Title Insurance Company Order NurrB?f: NCS-130324-SA1 Page Number: 5 19. An easement for public utilities and incidental purposes, recorded October 15, 2004 as instrument no. 2004-0980688 of Official Records. In Favor of: San Diego Gas and Electric Company, a corporation. Affects: As further desaibed in said document. Affects Lot 32. 20. An easement for public utilities and incidental purposes, recorded December 2, 2004 as instrument no. 2004-1137332 of Official Records. In Favor of: San Diego Gas and Electric Company, a corporation Affects: As further described in said document. Affects Lot 32. 21. An easement shown or dedicated on the Map as referred to in the legal description For: landscape maintenance and incidental purposes. Affects Lots 29, 30, 31 and 32. 22. An easement shown or dedicated on the Map as referred to in the legal description For: restricted sight distance corridor and incidental purposes. Affects Lot 30. 23. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded March 15, 2005 as instrument no. 2005-0210897 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 24. The terms and provisions contained in the document entitled "Agreement Regarding Annexation of Certain Real Property to Street Lighting and Landscape District No. 2 of the City of Carisbad and Approval of the Levy of Assessments on Such Real Property" recorded March 16, 2005 as instrument no. 2005-0216793 of Official Records. 25. An easement for public utilities and incidental purposes, recorded April 11, 2005 as instrument no. 2005-0294004 of Official Records. In Favor of: San Diego Gas and Electric Company, a corporation Affects: a portion of said land. Affects Lots 30 and 32. First American Title Insurance Company Order NumBer: NCS-130324-SA1 Page Number: 6 26. An easement for public utilities and incidental purposes, recorded April 11, 2005 as instrument no. 2005-0294021 of Official Records. In Favor of: San Diego Gas and Electric Company, a corporation Affects: a portion of said land. Affects Lots 29 and 30. 27. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded March 30, 2005 as instrument no. 2005-0258429 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 28. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded June 2, 2005 as instrument no. 2005-0461222 of Official Records. 29. The terms and provisions contained in the document entitled "Repurchase Option Agreement as disclosed by Memorandum of Repurchase Option Agreement" recorded June 9, 2005 as instrument no. 2005-0483799 of Official Records. 30. The terms and provisions contained in the document entitled "Declaration of Development Covenants, Conditions and Restrictions" recorded June 9, 2005 as instrument no. 2005-0483800 of Official Records. 31. The terms and provisions contained in the document entitled "Agreement for Right of First Refusal" recorded June 9, 2005 as instrument no. 2005-0483801 of Official Records. 32. The terms and provisions contained in the document entitled "Declaration of Covenants, Conditions and Restrictions Regarding Buildings" recorded June 9, 2005 as instrument no. 2005- 0483802 of Official Records. 33. A document entitled "Notice of Restriction on Real Property" recorded November 14, 2006 as Instrument No. 2006-0809662 of Official Records. 34. The terms, provisions and easement(s) contained in the document entitled "Sign Easement Agreement" recorded June 28, 2007 as Instrument No. 2007-0434916 of Official Records. (Affects Lot 29) 35. Rights of parties in possession. First American Title Insurance Company Order NumBer: NCS-130324-SA1 Page Number; 7 INFORMATIONAL NOTES Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. wrrn RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review ofthe above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WrrH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WrrH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABIUTY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its art:icles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; First American Title Insurance Company ^ Order NumBer: NCS-130324-SA1 Page Number: 8 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of tlie following, as appropriate: (i) If the limited liability company properiy operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properiy operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properiy operates with the existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. wrrn RESPECT TO A TRUST: 1. A certification pursuant to Section 18500.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the tmstee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Insurance Company c o ^Ht' rirrlor Mumper; Order NurnBer: NCS-130324-SA1 Page Number: 9 LEGAL DESCRIPTION Real property in the City of Carisbad, County of San Diego, State of California, described as follows: Lots 29 through 32 of Carisbad Tract CT 02-15 Bressi Ranch, in the City of Carisbad, County of San Diego, State of California, according to Map thereof no. 14960, filed in the Office of the County Recorder of San Diego County, February 4, 2005 and amended through certain document entitled "Certiificate of Correction" recorded on March 01, 2007 as Instrument No. 2007-0140625 of Official Records of Said County. APN: 213-262-06-00 (Affects: Lot 29), 213-262-07-00 (Affects: Lot 30), 213-262-08-00 (Affects: Lot 31) and 213-262-09-00 (Affects: Lot 32) First American Title Insurance Company jmber: f Order NumBer: NCS-130324-SA1 Page Number: 10 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particulariy any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company. The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company Order Nui?B^: NCS-130324-SA1 Page Number: 11 Wire Instructions Banl< Name: ABA Number: First American Trust Company Santa Ana Branch 421 Nortih Main Street Santa Ana, CA 92701 122241255 For Credit To: Account Number: First American Title Insurance Company 13101 Reference: File No.: NCS-130324-SA1 Attn: Ralph M. Snyder Phone: (858)410-2150 FUNDS FOR OTHER LOANS BEING INSURED BY FIRST AMERICAN TITLE MUST NOT BE COMBINED INTO ONE WIRE - OR FUNDS MAY BE RETURNED. NOTE: ALL WIRES MUST REFERENCE (1) FIRST AMERICAN TITLE COMPANY AND (2) OUR ACCOUNT NUMBER - OR FUNDS MAY BE RETURNED TO ENSURE RECORDING, THE TITLE OFFICER MUST BE ADVISED BEFORE THE WIRE IS SENT. DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT - - CONTACT ESCROW OFFICER FOR WIRE INSTRUCTIONS. First American Title Insurance Company jtTirer: I Order NumBSr: NCS-130324-SA1 Page Number: 12 EXHIBITA UST OF PRINTED EXCEPHONS AND EXCLUSIONS (BY POUCY TYPE) 1. CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POUCY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons In possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Disaepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not ttie matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this polky and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmentel regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protecdon, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a noSce of the enforcement thereof or a nodce of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been reconjed in the public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting frcim a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. lights of eminent domain unless notice of the exercise thereof has been reconjed in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which woukJ be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not reconjed in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured daimant; (d) attaching or aeated subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained ifthe insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer aedit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest ofthe insured lender, by reason ofthe operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmentel regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or govemmentel regulation. 2. Rights of eminent domain or governmentel rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed or agreed to by the insured daimant; (b) not known to the Company and not shown by the public records but known to the insured daimant either at Date of Policy or at the date such claimant acquired an estete or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured daimant; (d) attaching or First American Title Insurance Company Order NumBer: NCS-130324-SA1 Page Number: 13 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured daimant had paid value for the estete or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Titie Assodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against \oss or damage by reason of the matters shown in parts one and two foiiowing: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public reconjs. 2. Any facts, rights, interests, or daims which are not shown by the puWic records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, daims of easement or encumbrances which are not shown by the public records. 4. Discrepandes, conflicts in boundary lines, shortage in area, enaoachments, or any other facts which a con-ect survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Ads authorizing the issuance thereof; water rights, claims or titie to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or govemmentel regulation (including but not limited to building and zoning ordinances) resti-icting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulatirig ttie character, dimensions or kxxition of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or govemmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exerdse of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public recnrts but known to the insured claimant either at Date of Policy or at the date such daimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured daimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured daimant; (d) attaching or aeated subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws ofthe state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Titie Assodation Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exdusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the reconjs of any taxing authority that levies taxes or assessments on real property or by the public reconjs. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, daims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, daims or titie to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Insurance Company Order Nul^1Bef: NCS-130324-SA1 Page Number: 14 6. AMERICAN LAND TTTU ASSOCIATION LOAN POUCY - 1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmentel regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, onjinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any govemmentel police power not exduded by (a) above, except to the extent that a notice of ttie exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not exduding from coverage any taking which has occurred prior to Date of Policy which wouW tie binding on the rights of a purchaser fbr value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured daimant and not disdosed in writing to the Company by the insured daimant prior to the date the insured daimant became an insured under this policy; (c) resulting in no loss or damage to the insured daimant; (d) attaching or aeated subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured daimant had paW value fbr the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or daim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer aedit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the daim of priority of any statutory lien for services, latxir or materials over the lien of the insured mortgage) arising from an improvement or woric related to the land which is contracted fbr and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any daim, which arises out of the ttansaction aeating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the ttansaction aeating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent ttansfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctiine of equitable subordination; or (iii) the ttansaction creating the interest of the insured mortgagee being deemed a preferential ttansfer except where the preferential ttansfer results from the failure: (a) to timely record the instrument of ttansfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien aeditor 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Trtle Assodation policy Is used as a Standard Coverage Policy and not as an Extended (iiverage Policy the exdusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, daims of easement or encumbrances which are not shown by the public records. 4. Discrepandes, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a con-ect survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY - 1992 First American Title Insurance Company Order NunflSS^ NCS-130324-SA1 Page Number: 15 EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmentel regulation (indudlng but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (ill) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effert of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a vkilation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not exduded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not exduding from coverage any taking which has occurred prior to Date of Policy which wouW be binding on tiie rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured daimant and not disdosed in writing to the Company by the insured daimant prior to the date the insured daimant became an insured under this policy; (c) resulting in no loss or damage to the insured daimant; (d) attaching or aeated subsequent to Date of Policy; or (e) resulting in toss or damage which would not have been sustained if the insured daimant had pak) value for the estete or interest insured by this policy. 4. Any daim, which arises out of the ttansaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar aeditors' rights laws, that is based on: (i) the transaction aeating the estate or interest insured by this policy being deemed a ft-audulent conveyance or fraudulent ttansfer; or (ii) the transaction aeating the estete or interest insured by this policy being deemed a preferential transfer except where the preferential ttansfer results from the failure: (a) to timely record the instrument of ttansfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien aeditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Titie /Vssodation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by ttie records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by maicing Inquiry of persons in possession thereof. 3. Easements, daims of easement or encumbrances which are not shown by the public records. 4. Disaepandes, conflicts in boundary lines, shortage in area, enaoachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or titie to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or govemment regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exdusion does not limit the zoning coverage desaibed in items 12 and 13 of Covered Titie Risks. 2. The right to teke the land by condemning it, unless: First American Title Insurance Company Order NumBer: NCS-130324-SA1 Page Number: 16 * a notice of exerdsing the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Trtle Risks: * that are aeated, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date - unless they appeared in the public reconjs * that result in no loss to you * that first affect your titie after the Policy Date - this does not limrt the labor and material lien coverage in Item 8 of Covered Titie Risks 4. Failure to pay value fbr your titie. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or watenways that touch your land This exdusion does not limrt the access coverage in Item 5 of Covered Trtle Risks. 11. EAGLE PROTECTION OWNER'S POUCY CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). IS (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addrtion to Uie Exceptions in Schedule B, you are not insured against toss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or govemment regulation. This includes ordinances, laws and regulations conceming: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exdusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exdusion does not limrt the coverage described in Covered Risk 14,15, 16,17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exdusion does not apply to violations of building codes if notice ofthe violation appears in the Public Records at the Policy Date. 3. The right to teke the Land by condemning it, unless: a. a notice of exerdsing the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are aeated, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that resurt in no loss to You; or d. that first occur after the Policy Date - this does not limrt the coverage desaibed in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Trtie. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in stteets, alleys, or waterways that touch the Land. This exdusion does not limrt the coverage described in Covered Flisk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: First American Title Insurance Company Order Nui?i?f: NCS-130324-SA1 Page Number: 17 1. (a) Any law, ordinance or govemmentel regulation (induding but not limrted to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) tiie occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resurting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exdusion does not limrt the coverage provided under insuring provisions 14,15,16 and 24 of this policy. (b) Any governmentel police power not exduded by (a) above, except to the extent that a notice of tiie exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limrt the coverage provided under insuring provisions 14,15,16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not exduding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Qalmant and not disclosed in writing to the Company by the Insured Qalmant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or aeated subsequent to Date of Policy (tiiis paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is sitoated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or daim thereof, which arises out of the ttansaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer aedrt protection or fruth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any daim, which arises out of the ttansaction aeating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, stete insolvency, or similar aedrtors' rights laws, that is based on: (a) the ttansaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent ttansfer; or (b) the subordination ofthe interest of the insured mortgagee as a resurt of the application ofthe doctrine of equitable subordination; or (c) the ttansaction creating tfie interest of the insured mortgagee being deemed a preferential ttansfer except where the preferential ttansfer results from the failure: (I) to timely record the insttument of ttansfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any daim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estete or interest covered by this policy. This exdusion does not limrt the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting titie, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms ofthe Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a resurt of the modification than it would have been before the modification. This exclusion does not limrt the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECnON ADDED WITH REGIONAL EXCEPTIONS When the American Land Titie Assodation loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by malcing inquiry of persons in possession thereof. First American Title Insurance Company Order NurriBEr: NCS-130324-SA1 Page Number: 18 o jrriDer: I 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Disaepandes, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, daims or titie to water. 6. Any lien, or right to a Ilen, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by tiie public records. Part Two: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE First American Title Insurance Company \ CITY OF CARLSBAD ^ LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) I I Administrative Permit I I Administrative Variance I I Coastal Development Permit I I Conditional Use Permit I I Condominium Permit I I Environmental Impact Assessment I I General Plan Amendment I I Hillside Development Permit I I Local Coastal Program Amendment I I Master Plan I I Minor Conditional Use Permit I I Non-Residential Planned Development I I Planned Development Permit (FOR DEPARTI^^ENT USE ONLY) • • • • • • • • • • • fj-rrj^fia'/rv^' Planned Industrial Pervm^ Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentativo Parool Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTfVIENT USE ONLY) n 2) ASSESSOR PARCEL NO(S).: 213-120-04 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: Bressi Ranch Planning Area 4 Business Center A business center located in PA 4 ofthe Bressi Ranch Master Plan 5) OWNER NAME (Print or Type) HCP, INC. 6) APPLICANT NAME (Print or Type) Hofman Planning & Engineering MAILING ADDRESS 400 Oyster Point Blvd, Suite 409 MAILING ADDRESS 5900 Pasteur Court Ste. 150 CITY AND STATE ZIP TELEPHONE South San Francisco 94080 CITY AND STATE ZIP TELEPHONE Carisbad, CA 92008 (760)438-1465 EMAIL ADDRESS: EMAIL ADDRESS: nroderick(ghofmanplanning.com 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND COR^CT TO THE BEST OF MY KNOWLEDGE. ^19INAT0RE / / DAYE / SIGNATURE J DAtE BRIEF LEGAL DESCRIPTION Lots 29-32 of Carisbad Tract 02-15 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 14 Rev. 03/06 PAGE 1 OF 5 8) LOCATION OF PROJECT: ON THE SOUTH STREET ADDRESS SIDE OF PALOMAR AIRPORT RD. (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I COLT PLACE (NAME OF STREET) AND EL FUERTE 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 1,3 17 11) NUMBER OF EXISTING RESIDENTIAL UNITS N/A N/A 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 25) 0 18.01 P-M 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 300k 4200 PI P-M (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP# N/A n/a 166.6 PI Y/N IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOS 'FORTHIS PURPOSE 3P /> URE y FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED __j f 1-^ RECEIVED OCT 1 8 2007 CITY OF CARLSBAD DATE §>ll^NM1M©AjDglpf?ECEIVED RECEIVED BY: TOTAL FEE REQUIRED Form 14 Rev. 03/06 PAGE 2 OF 5 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Bressi Ranch Planning Area 4, Lots 29-32 APPLICANT NAME: Hofinan Planning Associates A request to renew an existing Planned Industrial Permit for a 18.012 acre lot located South of Palomar Airport Road betv^^een Colt Place and El Fuerte Street. The project is described as lots 29-32 and is in Planning Area 4 of the Bressi Ranch Master Plan. The lot will contain 6 two story buildings ranging from 45,000 - 56,000 square foot with a total ground floor area of 300,000 square feet. Environmental compliance is established by way of EIR 98-04. The project is in conformance with the Bressi Ranch Master Plan, the PI General Plan Designation and the P-M zoning ordinance. RECEIVED OCT 1 8 2007 ^n,\CARLSBAD PLANNING DEPT Citv of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is deiined as "Any individual, fiim, co-partnership, joiBt venture, associatioii, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,- city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entily of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLE'ra. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the - names, title, adcfa-esses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Hofman Planning & Engineering Title Titleil^f Address - Address 5900 Pasteur Court Ste. 150 Carlsbad, CA 92008 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, parmcrship, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part HOP, INC Title Title_n/a Address Address 400 Qyi^^'"r°'"V^'^^' South San Francisco, ua 94090 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust^ Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Coimcil within the past twelve (12) months? No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above infomiation is true and correct to the best of my knowledge. gnature of^^ner/date Jon Bergschneider Print or type name of owner Signature of applicant/date Bill Hofman Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent RECEIVED OCT I 8 2007 CITY OF CARLSBAD PLANNING DEPT H:ADMIN\COUNTER\OlSCLOSURE STATEMENT 5/98 Page 2 v Citv Of Carlsbacj Planning Department HAZARDOUS WASTE AND SLTRSTANCES STATEMENT Consultation Of Lists of Sues Related To Hazardous Wastes (Certification of Comphance with Government Code Section D5962.5 ! Pursuant to State of Califomia Govemment Code Section 65962.5,1 have consulted the Hazardous Wastes and Substances Sites List compiled by the Califomia Environmental Protection .Agenc> and hereby cenify that (check one): IX i The development project and any aliemaiives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. D The development project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. .APPLICANT Name HOFMAN PLANNING & ENGINEERING Address ^^0° Pasteur Court Ste. 150 Carlsbad, Ca 92008 Phone Number: (760)438-1465 PROPERTY OWNER Name: HCP, Inc Address:400 Oyster Point Blvd., Ste. 409 South San Francisco, 94080 Phone Number: n/a .Address of Site: South side of Palomar Airport Rd. between Colt Place and El Fuerte T 1 A //-~ J^ Carlsbad, County of San Diego Local .Agency (City and County): ; ^_ Assessor's book, page, and parcel number: 213-120-04 Specify Iist(s): Regulatory Identification Number:, . October 4, 2007 Date of List: f - ^^^L><< Applicant Signature/Dale Admin'Coiuiicr'KazWasu 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ OrdefC^ber: NCS-130324-SA1 Page Number: 1 Updated 09/26/2007 September 26, 2007 First American Titie Insurance Company National Commercial Services 2100 Sth Ave. San Diego, CA 92101 Jon Bergschneider --.p HCP, Inc 18 2007 400 Oyster Point Blvd., Suite 409 C/TV Qp ^ South San Francisco, CA 94080 PLANK '"^SAD Title Officer: Ralph M. Snyder Phone: (619)881-3960 Fax No.: (619)330-2492 E-Mail: rsnyder@firstam.com Owner: Slough Carlsbad, LLC, a Delaw/are limited liability company Property: Gateway Road, Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that It is prepared to issue, or cause to be issued, as ofthe date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, Insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy fomis should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company Orden^ril OrderNi^ber: NCS-130324-SA1 Page Number: 2 Dated as of September 21, 2007 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To be determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Slough Carlsbad, LLC, a Delaware limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2007-2008, a lien not yet due or payable. 2. The lien of supplemental taxes. If any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code, none are due and payable as of the date of the policy. 3. Assessments under the 1915 Bond Act, for improvement of Poinsettia Lane East, none are due and payable as of the date of the policy. 4. An easement for traffic signalization and road and incidental purposes, recorded November 18, 1986 as instrument no. 86-530341 of Official Records. In Favor of: City of Carlsbad, a municipal corporation. Affects Lot 29. 5. An easement for avigation and incidental purposes, recorded August 11,1987 as instrument no. 87-452377 and August 20, 1987 as inshument no. 87-472299, both of Official Records. In Favor of: The County of San Diego. Affects: The location of the easement cannot be determined from record information. First American Title Insurance Company Ordet<^0\\ Order'^ber: NCS-130324-SA1 Page Number: 3 6. The privilege and right to extend drainage structures, excavation and embankment slopes beyond the limits of highway where required for the construction and maintenance of said highway as conveyed in Deed recorded December 10, 1992 as instrument no. 1992-0793169 of Official Records. Affects Lot 29. 7. The terms and provisions contained in the document entitled "Agreement Regarding the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1" recorded December 11, 1998 as instrument no. 1998-0806517 of Official Records. 8. The terms and provisions contained in the document entitled "Agreement Regarding Covenants Running with the Land" recorded February 18,1999 as instrument no. 1999-0098738 of Official Records. 9. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded February 25, 2003 as instrument no. 2003-0210190 of Official Records. 10. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded March 11, 2003 as instrument no. 2003-0270075 of Official Records. 11. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded March 11, 2003 as instrument no. 2003-0270076 of Official Records. 12. The fact that said land lies within the Boundaries of Annexation No. 02/03-01 Community Facilities District No. 1 City of C:arlsbad, as disclosed by instrument recorded March 14, 2003 as instrument no. 2003-0289324 of Official Records. The terms and provisions contained in the document entitled "Amendment to the Notice of Special Tax Lien (Notice of Annexation" recorded March 14, 2003 as instrument nos. 2003- 0289327 and 2003-0289328, both of Official Records. These two instruments are duplicates. Assessments are collected with the property taxes. 13. An easement shown or dedicated on the Map no. 14600 For: restricted sight distance corridor and incidental purposes. Affects Lots 29 and 32. 14. Abutter's rights of ingress and egress to or from Palomar Airport Road have been dedicated or relinquished on Map no. 14600. Affects Lot 29. 15. Abutter's rights of ingress and egress to or from Gateway Road excepting therefrom the access openings have been dedicated or relinquished on the Map no. 14600 and 14960. Affects Lots 30, 31 and 32. First American Title Insurance Company OrderWfiber: NCS-130324-SA1 Page Number: 4 16. Abutter's rights of ingress and egress to or from El Fuerte Street have been dedicated or relinquished on Map no. 14600. Affects Lots 29 and 32. 17. An easement for electrical and communication facilities and incidental purposes, recorded November 7, 2003 as instrument no. 2003-1351662 of Official Records. In Favor of: San Diego Gas and Electric Company. Affects Lots 29 and 32. 18. An easement for public utilities and incidental purposes, recorded October 15, 2004 as instrument no. 2004-0980688 of Official Records. In Favor of: San Diego Gas and Electric Company, a corporation. Affects: As further described in said document. Affects Lot 32. 19. An easement for public utilities and incidental purposes, recorded December 2, 2004 as instrument no. 2004-1137332 of Official Records. In Favor of: San Diego Gas and Electric Company, a corporation Affects: As further described in said document. Affects Lot 32. 20. An easement shown or dedicated on the Map as referred to in the legal description For: landscape maintenance and incidental purposes. Affects Lots 29, 30, 31 and 32. 21. An easement shown or dedicated on the Map as referred to in the legal description For: restricted sight distance corridor and incidental purposes. Affects Lot 30. 22. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded March 15, 2005 as instrument no. 2005-0210897 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. First American Title Insurance Company OrderWhber: NCS-130324-SA1 Page Number; 5 23. The terms and provisions contained in the document entitled "Agreement Regarding Annexation of Certain Real Property to Street Lighting and Landscape District No. 2 of the City of Carlsbad and Approval of the Levy of /Assessments on Such Real Property" recorded March 16, 2005 as instrument no. 2005-0216793 of Official Records. 24. An easement for public utilities and incidental purposes, recorded April 11, 2005 as instrument no. 2005-0294004 of Official Records. In Favor of: San Diego Gas and Electric Company, a corporation Affects: a portion of said land. Affects Lots 30 and 32. 25. An easement for public utilities and incidental purposes, recorded April 11, 2005 as instrument no. 2005-0294021 of Official Records. In Favor of: San Diego Gas and Electric Company, a corporation Affects: a portion of said land. Affects Lots 29 and 30. 26. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded March 30, 2005 as instrument no. 2005-0258429 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants In senior housing or housing for older persons shall not be construed as restrictions based on familial status. 27. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded June 2, 2005 as instrument no. 2005-0461222 of Official Records. 28. The terms and provisions contained in the document entitled "Repurchase Option Agreement as disclosed by Memorandum of Repurchase Option Agreement" recorded June 9, 2005 as instrument no. 2005-0483799 of Official Records. 29. The terms and provisions contained in the document entitled "Declaration of Development Covenants, Conditions and Restrictions" recorded June 9, 2005 as instrument no. 2005-0483800 of Official Records. 30. The terms and provisions contained in the document entitled "Agreement for Right of First Refusal" recorded June 9, 2005 as instrument no. 2005-0483801 of Official Records. 31. The terms and provisions contained in the document entitled "Declaration of Covenants, Conditions and Restrictions Regarding Buildings" recorded June 9, 2005 as instrument no. 2005- 0483802 of Official Records. 32. A document entitled "Notice of Restriction on Real Property" recorded November 14, 2006 as Instrument No. 2006-0809662 of Official Records. First American TiUe Insurance Company Order^^^l ber: NCS-130324-SA1 Page Number: 6 33. The terms, provisions and easement(s) contained in the document entitled "Sign Easement Agreement" recorded June 28, 2007 as Instrument No. 2007-0434916 of Official Records. (Affects Lot 29) 34. Rights of parties in possession. First American Title Insurance Company W Orde^Jiber: NCS-130324-SA1 Page Number: 7 INFORMATIONAL NOTES Taxes for proration purposes only for the fiscal year 2006-2007. First Installment: $51,628.58, PAID Second Installment: $51,628.58, PAID Tax Rate Area: 09165 APN: 213-262-06-00 (Portion of Bond amount included) (Affects Lot 29) Supplemental taxes for the fiscal year 2006-2007 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $17,886.31, PAID Penalty: $0.00 Second Installment: $17,886.31, PAID Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 859-631-87-65 (Affects Lot 29) Taxes for proration purposes only for the fiscal year 2006-2007. First Installment: $14,276.81, PAID Second Installment: $14,276.81, PAID Tax Rate Area: 09165 APN: 213-262-07-00 (Portion of Bond amount included) (Affects Lot 30) Supplemental taxes for the fiscal year 2006-2007 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $5,242.49, PAID Penalty: $0.00 Second Installment: $5,242.49, PAID Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 859-631-87-75 First American Titie Insurance Company OrdeiWfiber; NCS-130324-SA1 Page Number: 8 (Affects Lot 30) 5. Taxes for proration purposes only for the fiscal year 2006-2007. First Installment: $21,290.71, PAID Second Installment: $21,290.71, PAID Tax Rate Area: 09165 APN: 213-262-08-00 (Portion of Bond amount included) (Affects Lot 31) 6. Supplemental taxes for the fiscal year 2006-2007 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $7,966.42, PAID Penalty: $0.00 Second Installment: $7,966.42, PAID Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 859-631-87-85 (Affects Lot 31) 7. Taxes for proration purposes only for the fiscal year 2006-2007. First Installment: $26,851.76, PAID Second Installment: $26,851.76, PAID Tax Rate Area: 09165 APN: 213-262-09-00 (Portion of Bond amount included) (Affects Lot 32) 8. Supplemental taxes for the fiscal year 2006-2007 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $9,368.89, PAID Penalty: $0.00 Second Installment: $9,368.89, PAID Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 859-631-87-95 (Affects Lot 32) 9. The property covered by this report is vacant land. 10. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: First American Titie Insurance Company Order^^ber: NCS-130324-SA1 Page Number; 9 A document recorded October 06, 2005 as Instrument No. 2005-0867458 of Official Records. From: Slough CDEC I, LLC, a Delaware limited liability company To: Slough Carlsbad, LLC, a Delaware limited liability company 11. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 12. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMFTED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; First American Titie Insurance Company OrdeiN^ber: NCS-130324-SA1 Page Number; 10 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of tlie following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18500.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Titie Insurance Company Ordei^H^ber; NCS-130324-SA1 Page Number: 11 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lots 29 through 32 of Carlsbad Tract CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof no. 14960, filed in the Office of the County Recorder of San Diego County, February 4, 2005 and amended through certain document entitled "Certificate of Correction" recorded on March 01, 2007 as Instrument No. 2007-0140625 of Official Records of Said County. APN: 213-262-06-00 (Affects: Lot 29), 213-262-07-00 (Affects: Lot 30), 213-262-08-00 (Affects: Lot 31) and 213-262-09-00 (Affects: Lot 32) First American Titie Insurance Company O. 3 Federal Aviation Administration Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2006-AWP-480-OE 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 10/18/2007 Jon Bergschneider Slough Estates USA Inc. 444 North Michigan Ave., Ste. 3230 Chicago, IL 60611 ** Extension ** A Determination was issued by the Federal Aviation Administration (FAA) concerning: Structure: Building Building A Location: Carlsbad, CA Latitude: 33-7-46.20 N NAD 83 Longitude: 117-15-20.98 W Heights: 45 feet above ground level (AGL) 460 feet above mean sea level (AMSL) In response to your request for an extension of the effective period of the determination, the FAA has reviewed the aeronautical study in light of current aeronautical operations in the area of the structure and finds that no significant aeronautical changes have occurred which would alter the determination issued for this stmcture. This extension is subject to review if an interested party files a petition on or before November 17, 2007. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and should be submitted in triplicate to the Manager, Airspace Branch, Federal Aviation Administration, 800 Independence Ave SW, Washington, D.C. 20591. This extension becomes final on November 27, 2007 unless a petition is timely filed. If so, this extension will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. Accordingly, pursuant to the authority delegated me, the effective period of the determination issued under the above cited aeronautical study number is hereby extended and will expire on 04/18/2009 unless otherwise extended, revised, or terminated by this office. This extension issued in accordance with 49 U.S.C, Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerns the effect of the stmcture on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this extension will be forwarded to the Federal Communications Commission if the stmcture is subject to their licensing authority. Page 1 of 5 2ase contact our office at (310) 725-655^3n any future correspondence concerning this matter, please refer to Aeronautical Study Number 2(X)6-AWP-480-OE. Signature Control No: 450789-100763980 (EXT) Karen McDonald Specialist Attachment(s) Additional Information Case Description Map(s) Page 2 of 5 AddOnal information for ASN 2006-AWP-O-OE ALL REQUIREMENTS AND RESTRICTIONS OF ORIGINAL AIRSPACE DETERMINATION REMAIN IN EFFECT. Page 3 of 5 (O Description for ASN 2006-AWP-48G^ Page 4 of 5 erified Map for ASN 2006-AWP-480-1 ASN#: 2006-AWP-480-OE (NAD83):J3-7^6. Page 5 of 5 Federal Aviation Admmistration Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2006-AWP-481 -OE 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 10/18/2007 Jon Bergschneider Slough Estates USA Inc. 444 North Michigan Ave., Ste. 3230 Chicago, IL 60611 ** Extension ** A Determination was issued by the Federal Aviation Administration (FAA) concerning: Stmcture: Building Building B Location: Carlsbad, CA Latitude: 33-7-46.22 N NAD 83 Longitude: 117-15-17.70 W Heights: 45 feet above ground level (AGL) 463 feet above mean sea level (AMSL) In response to your request for an extension of the effective period of the determination, the FAA has reviewed the aeronautical study in light of current aeronautical operations in the area of the stmcture and finds that no significant aeronautical changes have occurred which would alter the determination issued for this stmcture. This extension is subject to review if an interested party files a petition on or before November 17, 2007. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and should be submitted in triplicate to the Manager, Airspace Branch, Federal Aviation Administration, 800 Independence Ave SW, Washington, D.C. 20591. This extension becomes final on November 27, 2007 unless a petition is timely filed. If so, this extension will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. Accordingly, pursuant to the authority delegated me, the effective period of the determination issued under the above cited aeronautical study number is hereby extended and will expire on 04/18/2009 unless otherwise extended, revised, or terminated by this office. This extension issued in accordance with 49 U.S.C, Section 44718 and, if applicable, Title 14 ofthe Code of Federal Regulations, part 77, concerns the effect of the stmcture on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this extension will be forwarded to the Federal Communications Commission if the stmcture is subject to their licensing authority. Page 1 of 5 If we can be of further assistance^^ease contact our office at (310) 725-65f^^n any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-481-OE. Signature Control No: 450790-100763981 (EXT) Karen McDonald Specialist Attachment(s) Additional Information Case Description Map(s) Page 2 of 5 lonlD AddMnal information for ASN 2006-AWP^-OE ALL REQUIREMENTS AND RESTRICTIONS OF ORIGINAL AIRSPACE DETERMINATION REMAIN IN EFFECT. Page 3 of 5 (Cl Description for ASN 2006-AWP-48^^ Page 4 of 5 erified Map for ASN 2006-AWP-481-C, r \ \ <• 3tiy5 E&ki NL.t ASN#: 2006-AWP-481-OE (NADS^): 33-7-*6.22N / 117-15-17.7W, ^ Page 5 of 5 Q O Federal Aviation Administration Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2006-AWP-482-OE 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 10/18/2007 Jon Bergschneider Slough Estates USA Inc. 444 North Michigan Ave., Ste. 3230 Chicago, IL 60611 ** Extension ** A Determination was issued by the Federal Aviation Administration (FAA) conceming: Stmcture: Building Building C Location; Carlsbad, CA Latitude: 33-7-45.25 N NAD 83 Longitude: 117-15-14.24 W Heights: 45 feet above ground level (AGL) 465 feet above mean sea level (AMSL) In response to your request for an extension of the effective period of the determination, the FAA has reviewed the aeronautical study in light of current aeronautical operations in the area of the stmcture and finds that no significant aeronautical changes have occurred which would alter the determination issued for this stmcture. This extension is subject to review if an interested party files a petition on or before November 17, 2007. In the event a petition for review is filed, it must contain a full statement ofthe basis upon which it is made and should be submitted in triplicate to the Manager, Airspace Branch, Federal Aviation Administration, 800 Independence Ave SW, Washington, D.C. 20591. This extension becomes final on November 27, 2007 unless a petition is timely filed. If so, this extension will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. Accordingly, pursuant to the authority delegated me, the effective period of the determination issued under the above cited aeronautical study number is hereby extended and will expire on 04/18/2009 unless otherwise extended, revised, or terminated by this office. This extension issued in accordance with 49 U.S.C, Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerns the effect of the stmcture on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this extension will be forwarded to the Federal Communications Commission if the stmcture is subject to their licensing authority. Page 1 of 5 If we can be of further assistance^»^ase contact our office at (310) 725-6550)n any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-482-OE. Signature Control No: 450791-100763982 (EXT) Karen McDonald Specialist Attachment(s) Additional Information Case Description Map(s) Page 2 of 5 AddBWnal information for ASN 2006-AWP-W-OE ALL REQUIREMENTS AND RESTRICTIONS OF ORIGINAL AIRSPACE DETERMINATION REMAIN IN EFFECT. Page 3 of 5 Description for ASN 2006-AWP-48:C^ Page 4 of 5 . ^rified Map for ASN 2006-AWP-482-C Page 5 of 5 o' o Federal Aviation Administration Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2006-AWP-483-OE 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 10/18/2007 Jon Bergschneider Slough Estates USA Inc. 444 North Michigan Ave., Ste. 3230 Chicago, IL 60611 ** Extension ** A Determination was issued by the Federal Aviation Administration (FAA) concerning: Stmcture: Building Building D Location: Carlsbad, CA Latitude: 33-7-43.13 N NAD 83 Longitude: 117-15-19.44 W Heights: 45 feet above ground level (AGL) 463 feet above mean sea level (AMSL) In response to your request for an extension of the effective period of the determination, the FAA has reviewed the aeronautical study in light of current aeronautical operations in the area of the stmcture and finds that no significant aeronautical changes have occurred which would alter the determination issued for this stmcture. This extension is subject to review if an interested party files a petition on or before November 17, 2007. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and should be submitted in triplicate to the Manager, Airspace Branch, Federal Aviation Administration, 800 Independence Ave SW, Washington, D.C. 20591. This extension becomes final on November 27, 2007 unless a petition is timely filed. If so, this extension will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. Accordingly, pursuant to the authority delegated me, the effective period of the determination issued under the above cited aeronautical study number is hereby extended and will expire on 04/18/2009 unless otherwise extended, revised, or terminated by this office. This extension issued in accordance with 49 U.S.C, Section 44718 and, if applicable. Title 14 of the Code of Federal Regulations, part 77, concerns the effect of the stmcture on the safe and efficient use of navigable airspace by aircraft and does not reheve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this extension will be forwarded to the Federal Communications Commission if the stmcture is subject to their licensing authority. Page 1 of 5 ;ase contact our office at (310) 725-65%i»C)n any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-483-OE. Signature Control No: 450792-100763983 (EXT) Karen McDonald Specialist Attachment(s) Additional Information Case Description Map(s) Page 2 of 5 lal information for ASN 2006-AWP-W-OE ALL REQUIREMENTS AND RESTRICTIONS OF ORIGINAL AIRSPACE DETERMINATION REMAIN IN EFFECT. Page 3 of 5 i Description for ASN 2006-AWP-483N3|E Page 4 of 5 erified Map for ASN 2006-AWP-483-L . J 'if s • ASN#: 2006-AWP-483-OE (NAD83): 33-7-43.13Wi^^^^^^f 1 Page 5 of 5 Federal Aviation Administration Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2006-AWP-484-OE 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 10/18/2007 Jon Bergschneider Slough Estates USA Inc. 444 North Michigan Ave., Ste. 3230 Chicago, IL 60611 ** Extension ** A Determination was issued by the Federal Aviation Administration (FAA) concerning: Stmcture: Building Building E Location: Carlsbad, CA Latitude: 33-7-43.21 N NAD 83 Longitude: 117-15-15.93 W Heights: 45 feet above ground level (AGL) 467 feet above mean sea level (AMSL) In response to your request for an extension of the effective period of the determination, the FAA has reviewed the aeronautical study in light of current aeronautical operations in the area of the stmcture and finds that no significant aeronautical changes have occurred which would alter the determination issued for this stmcture. This extension is subject to review if an interested party files a petition on or before November 17, 2007. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and should be submitted in triplicate to the Manager, Airspace Branch, Federal Aviation Administration, 800 Independence Ave SW, Washington, D.C. 20591. This extension becomes final on November 27, 2007 unless a petition is timely filed. If so, this extension will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. Accordingly, pursuant to the authority delegated me, the effective period of the determination issued under the above cited aeronautical study number is hereby extended and will expire on 04/18/2009 unless otherwise extended, revised, or terminated by this office. This extension issued in accordance with 49 U.S.C, Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerns the effect of the stmcture on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this extension will be forwarded to the Federal Communications Commission if the stmcture is subject to their licensing authority. Page 1 of 5 If we can be of further assistance>pffease contact our office at (310) 725-655w6n any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-484-OE. Signature Control No: 450793-100763984 (EXT) Karen McDonald Specialist Attachment(s) Additional Information Case Description Map(s) Page 2 of 5 inm^ai Addfll^al information for ASN 2006-AWP-W-OE ALL REQUIREMENTS AND RESTRICTIONS OF ORIGINAL AIRSPACE DETERMINATION REMAIN IN EFFECT. Page 3 of 5 cQ Description for ASN 2006-AWP-484Ci: Page 4 of 5 erified Map for ASN 2006-AWP-484 C. ASN#: 2006-AWP484-OE (NAD83): 33-7-43.2iN /117-15-15.93W Page 5 of 5 Q Federal Aviation Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 ^^^^ Aeronautical Study No. 2006-AWP-485-OE Issued Date: 10/18/2007 Jon Bergschneider Slough Estates USA Inc. 444 North Michigan Ave., Ste. 3230 Chicago, IL 60611 ** Extension ** A Determination was issued by the Federal Aviation Administration (FAA) conceming: Stmcture: Location: Latitude: Longitude: Heights: Building Building F Carlsbad, CA 33-7-42.14 N NAD 83 117-15-12.99 W 45 feet above ground level (AGL) 469 feet above mean sea level (AMSL) In response to your request for an extension of the effective period of the determination, the FAA has reviewed the aeronautical study in light of current aeronautical operations in the area of the stmcture and finds that no significant aeronautical changes have occurred which would alter the determination issued for this stmcture. This extension is subject to review if an interested party files a petition on or before November 17, 2007. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and should be submitted in triplicate to the Manager, Airspace Branch, Federal Aviation Administration, 800 Independence Ave SW, Washington, D.C. 20591. This extension becomes final on November 27, 2007 unless a petition is timely filed. If so, this extension will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. Accordingly, pursuant to the authority delegated me, the effective period of the determination issued under the above cited aeronautical study number is hereby extended and will expire on 04/18/2009 unless otherwise extended, revised, or terminated by this office. This extension issued in accordance with 49 U.S.C, Section 44718 and, if applicable. Title 14 of the Code of Federal Regulations, part 77, concerns the effect of the stmcture on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this extension will be forwarded to the Federal Communications Commission if the stmcture is subject to their licensing authority. Page 1 of 5 If we can be of further assistance^pffease contact our office at (310) 725-655W)n any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-485-OE. Signature Control No: 450794-100763985 (EXT) Karen McDonald Specialist Attachment(s) Additional Information Case Description Map(s) Page 2 of 5 dmll if AddlHenal information for ASN 2006-AWP-W-OE ALL REQUIREMENTS AND RESTRICTIONS OF ORIGINAL AIRSPACE DETERMINATION REMAIN IN EFFECT. Page 3 of 5 Description for ASN 2006-AWP-48^Ife Page 4 of 5 Verified Map for ASN 2006-AWP-485-C r .J Ma*" •• CAkLSBA! r t / \ St.- ASN#: 2OO6-AWP.485-OE (NAD83): 33.5fs%:t4N7l Page 5 of 5 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) • Administrative Permit - 2nd Dwelling Unit Planned Industrial Permit • Administrative Variance • Planning Commission Determination • Coastal Development Permit • Precise Development Plan • Conditional Use Permit • Redevelopment Permit • Condominium Permit • Site Development Plan • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tentative Porecl Mop Obtain from Engineering Department • Local Coastal Plan Amendment • Tentative Tract Map • Master Plan • Variance • Non-Residential Planned Development • Zone Change • Planned Development Permit • List other applications not specified 2) ASSESSOR PARCEL NO{S).: 243-4-30-94 ZT^ - ^6^- Oh ^OQ 3) PROJECT NAME: Bressi Ranch Planning Area 4 Business Cftntfir 4) BRIEF DESCRIPTION OF PROJECT: A business center located in PA 4 ofthe Bressi Ranch Master Plan 5) OWNER NAME (Print or Type) Slough Carlsbad, LLC, a Delaware limited liability company 6) APPLICANT NAME (Print or Type) Hofman Planning Associates/Project Managment Advisor MAILING ADDRESS 400 Oyster Point Blvd, Suite 409 MAILING ADDRESS 5900 Pasteur Court, Suite 150 CITY AND STATE ZIP South San Francisco, 94080 TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 (760) 438-1465 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. DATE 7) BRIEF LEGAL DESCRIPTION Lots 29-32 of Carlsbad Tract 02-15 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 rv^ .\ / r-Cl. 1PAGE 1 OF 2 8) LOCATION OF PROJECT: ON THE BETWEEN STREET ADDRESS South (NORTH, SOUTH, EAST, WEST) SIDE OF palomar Airport Road (NAME OF STREET) Colt Place AND El Fuerte Street (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 17 10) PROPOSED NUMBER OF LOTS 1 11) NUMBER OF EXISTING sg/^ RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING N/A 14) PROPOSED IND OFFICE/ ,nnnnn SQUARE FOOTAGE t^UUUUU 18.01 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 4200 PI 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION N/A N/A 166.6 PI p.M 23) PROPOSED ZONING p.^ 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTR;^ FOR THIS PURPOSE 3^ FOR THIS PURPOSE ^ FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RtCClVCD NOV \ 1 2905 CITY OF CARLSBAD DATEfTkiSiW[ti&R(SPRTcEIVED RECEIVED BY: DATE FEE PAID Form 16 7 RECEIPT NO. PAGE 2 OF 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Bressi Ranch Planning Area 4, Lots 29-32 APPLICANT NAME: Hofman Planning Associates/PMA A request for a Planned Industrial Permit and Lot Consolidation of 4 lots for a 18.012 acre lot located South of Palomar Airport Road betv^een Colt Place and El Fuerte Street. The project is described as lots 29-32 and is in Planning Area 4 of the Bressi Ranch Master Plan. The lot vsill contain 6 two story buildings ranging from 45,000 - 56,000 square foot with a total ground floor area of 300,000 square feet. Enviroimiental compliance is established by way of EIR 98-04. The project is in conformance with the Bressi Ranch Master Plan, the PI General Plan Designation and the P-M zoning ordinance. Citv of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require I discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. | The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any iiidividual, firm, co-partnership, joint venture, association, social club, fratCi.ial organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,- city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDFVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) nsr THE SPACE BELOW If a publiclv-owned corporation, 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) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of thp legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corooration or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Slough Carisbad, LLC Title , Title Address Address 400 Oyster Point Blvd. Suite 409 South San Fracisco, CA 94080 1635 Faraday Avenue - Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Title Non Profit/Trust Address Title Address. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes X No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of applicant/date Print or type name of owner Print or type name of applicant Signature ofywner/' gent if applicable/date Print or type name of ownWapplicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 NOV-16-Z005 10:l6ain From-O'DAY CONSULTANTS 760S318680 ^ T-702 P.002/002 F-ES4 Fitst American Titie Insurance Company National Commercial Services 41X Ivy Street • San Diego, CA 92101 (619)238-1776 RECEIVED Supplemental Report Dated: November 11, 2005 (^gy \ j 2; ^ ^ CiTY OF CARLSBAD To: CB Richard Ellis A ^ *, , ~ •, 5780 Fleet Street, Suite 300 PLAN ;! ' A - ^ : Carlsbad, CA 92008-4714 Attn: Lannie R, Allee Pr^lmlttaiy Report No. NCS-130324-SA1 dated as of 10-13-05 HcrowNo. Re: The above refenenoBd report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the Issuance of an /^erican Land Title Association Form Policy as follows: • Paragraph no.(s) 5 of our Prehminaiy R^ort has been eliminated. First American Title insurance Company National Commercial Services By: Ralph M. Snyder CC: Order Number: NCS-1S)324-SA1 Page Numt)er. 1 Updated October 13, 2005 First American Title Insurance Company National Commercial Services 411 Ivy Street San Diego, CA 92101 October 13, 2005 Jon Bergschneider Slough Estates USA Inc. 400 Oyster Point Blvd., Suite 409 South San Frandsco, CA 94080 Title Officer: Ralph M. Snyder Phone: (619)231-4605 Fax No.: (619)231-4629 E-Mail: rsnyder@firstam.com Owner: Slough Carlsbad, LLC, a Delaware limited liability company Property: Gateway Road, Carlsbad, CA PRELIMINARY REPORT In response to the above referenced appllcaUon for a policy of title Insurance, this company herebiy reports that it Is prepared to Issue, or cause to be issued, as of ttte date hereof, a Policy or Polldes of TMe Insurance desdibing the land and the estate or Interest therein hereinafter set fbrth, insuring against loss which nnay be sustained by reason of any defect, Ben or encumbrance not shovm or refi»red to as an Exception below or not exduded from coverage pursuantto the printed Schedules, Conditions and Stipulations of said Policy fbrms. The printed Excepdcns and Exclusions from the coverage of said Policy or Polldes are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report Please read the exceptiona shown or referred to below and the exceptioiis and exclusion* set forth In Exhibit A of this report carafiiMy. Tli* exception* and exclusion* ara meant t» provide you with notice of matter* which ara not covered under ttw term* of the title insurance policy and sliould IM carafkilly considered. It Is im portant to note that thls praliminary report is not a written representation as to the condition of titie and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) Is Issued solely fbr the purpose of f^dlltatjng the Issuance of a policy of tMe insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the Issuance of a policy of tide insurance, a Binder or Commitment should be requested. First American Titie Insurance Company Older Number: NCS-130324-SAl Page Number: 2 Dated as of October 6, 2005 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To be determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof Is vested In: Slough Carlsbad, LLC, a Delaware limited liability oompany The estate or interest in the land hereinafter desaibed or referred to covered by this Report is: Fee Simple The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exdusions in said policy form would be as follows: 1. General and spedal taxes and assessments for the fiscal year 2005-2006. First Installment: $48,580.67, PAYABLE Penalty: $4,858.07 Second Installment: $48,580.67, PAYABLE Penalty: $4,868.07 Tax Rate Area: 09165 A. P. No.: 213-120-04-00 Affects the herein described property with other property. 2. - Supplemental taxes for the fiscal year 2004-2005 assessed pursuant to Chapter 3.5 commendng with Section 75 of the Caiifomia Revenue and Taxation Code. First Installment: $49,999.00, PAYABLE Penalty: $5,000.00 Second Installment: $49,999.00, PAYABLE Penalty: $5,010.00 Tax Rate /Vrea: 09165 A. P. No.: 900-001-14-00 Affects the herein described property with other property. Rrst Installment: $23,402.88, PAYABLE first American Titie Insurance Company Order Nunber. NCS-130324-SA1 Page Number 3 Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $2,340.29 $23,402.88, PAYABLE $2,350.29 09165 900-001-13-00 Affects the herein described property with other property. Rrst Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.; $24,360.10, PAYABLE $2,436.01 $24,360.10, PAYABLE $2,446.01 09165 859-174-52-15 Affects Lot 29. Rrst Installment- Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $7,139.96, PAYABLE $714.00 $7,139.96, PAYABLE $724.00 09165 859-174-52-25 Affects Lot 30. Rrst Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $10,849.79, PAYABLE $1,084.98 $10,849.79, PAYABLE $1,094.98 09165 859-174-52-35 Affects Lot 31. Rrst Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $12,759.88, PAYABLE $1,275.99 $12,759.88, PAYABLE $1,285.99 09165 859-174-52-45 Affects Lot 32. First American Titie Insurance Company Order Number NCS-130324-SAl Page Number 4 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of ttie California Revenue and Taxation Code, none are due and payable as of the date of the policy. 4. Assessments under the 1915 Bond Act, for improvement of Poinsettia Lane East, none are due and payable as of the date of the policy. 5. An easement for pipe line or pipe lines and Inddental purposes, recorded October 23,1961 as instrument no. 183352 of Offidal Records. In Favor of: Carlsbad Munidpal Water District. Affects Lots 29, 30 and 31, An easement for traffic signalization and road and incidental purposes, recorded November 18, 1986 as instrument no. 86-530341 of Official Records. In Favor of: Qty of Carlsbad, a municipal corporation. Affects Lot 29. 7. An easement for avigation and inddental purposes, recorded August 11,1987 as instrument no. 87-452377 and August 20, 1987 as instrument no. 87-472299, both of Offidal Records. In Favor of: The County of San Diego. Affects: The location of the easement cannot be determined from record Information. 8. The privilege and right to extend drainage structures, excavation and embankment slopes beyond the limits of highway where required fbr the construction and maintenance of said highway as conveyed in Deed recorded December 10, 1992 as instrument no. 1992-0793169 of Official Records. Affects Lot 29. 9. The terms and provisions contained in the document entitled "Agreement Regarding the Payment of a Public Fadlities Fee for Inside the Boundaries of Community Fadlities District No. 1" recorded December 11,1998 as instrument no. 1998-0806517 of Offidal Records. 10. The terms and provisions contained in ttie doaiment entitled "Agreement Regarding Covenants Running with the Land" recorded February 18,1999 as instmment no. 1999-0098738 of Offidal Records. 11. The terms and provisions contained in the document entitled "Notice of Resfriction on Real Property" recorded February 25, 2003 as instrument no, 2003-0210190 of Offidal Records. 12. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded March 11, 2003 as instiximent no. 2003-0270075 of Offidal Records. First American Titie Insurance Company Order Number NCS-130324-SAl Page Number S 13. The terms and provisions contained in the document entitied "Hold Harmless Agreement Geological Failure" recorded March 11, 2003 as instrument no. 2003-0270076 of Official Records. 14. The fact that said land lies within the Boundaries of Annexation No. 02/03-01 Community Fadlities District No. 1 City of Carisbad, as disdosed by instrument recorded March 14, 2003 as insti-ument no. 2003-0289324 of Offidal Records. The terms and provisions contained in the document entitied "Amendment to tfie Notice of Spedal Tax Lien (Notice of Annexation" recorded March 14, 2003 as Instiximent nos. 2003- 0289327 and 2003-0289328, botii of Offidal Records. These two Instruments are duplicates. Assessments are collected with the property taxes. 15. An easement shown or dedicated on the Map no. 14600 For: restricted sight distance corridor and inddental purposes. Affects Lots 29 and 32. 16. Abutter's rights of ingress and egress to or from Palomar Airport Road have been dedicated or relinquished on Map no. 14600. Affects Lot 29. 17. Abutter's rights of ingress and egress to or from Gateway Road excepting therefrom tiie access openings have been dedicated or relinquished on tiie Map no. 14600 and 14960. Affects Lots 30, 31 and 32. 18. Abutter's rights of ingress and egress to or fi-om El Fuerte Sb'eet have been dedicated or relinquished on Map no. 14600. Affects Lots 29 and 32. 19. An easement for electrical and communication facilities and inddental purposes, recorded November 7, 2003 as Instrument no. 2003-1351662 of Offidal Records. In Favor of: San Diego Gas and Eledric Company. Affects Lots 29 and 32. 20. An easement for public utilities and inddental purposes, recorded October 15, 2004 as instrument no. 2004-0980688 of Offidal Records. In Favor of: San Diego Gas and Electric Company, a corporation. Affects: As further described in said document. Affects Lot 32. First American Titie Insurance Company Order Number NCS-130324-SAl Page Number 6 21. An easement fbr public utilities and inddental purposes, recorded December 2, 2004 as instrument no. 2004-1137332 of Offidal Records. In Favor of: San Diego Gas and Electric Company, a corporation Affects: As furttier described in said document. Affects Lot 32. 22. An easement shown or dedicated on the Map as referred to in the legal description For: landscape maintenance and inddental purposes. Affects Lots 29, 30, 31 and 32. 23. An easement shown or dedicated on the Map as referred to in the legal description For: restilcted sight distance corridor and inddental purposes. Affects Lot 30. 24. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document reoofded March 15, 2005 as instrument no. 2005-0210897 of Offidal Records, which provide that a violation tiiereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, sourt^ of income or disability, to the extent such covenants, conditions or restrictions violate Titie 42, Section 3604(c), of tiie United States Codes. Lawful restilctions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 25. The terms and provisions contained In the document entitied "Agreement Regarding Annexation of Certain Real Property to Sti-eet Lighting and Landscape DIstiict No. 2 of the Qty of Carisbad and Approval ofthe Levy of Assessments on Such Real Property" recorded March 16, 2005 as instmment no. 2005-0216793 of Offidal Records. 26. An easement for public utilities and incidental purposes, recorded April 11, 2005 as instrument no. 2005-0294004 of Offidal ReconJs. In Favor of: San Diego Gas and Electric Company, a corporation Affects: a portjon of said land. Affects Lots 30 and 32. 27. An easement fbr public utilities and inddental purposes, recorded April 11, 2005 as instrament no. 2005-0294021 of Offidal Records. In Favor of: San Diego Gas and Electric Company, a corporation /tffects: a portion of said land. Affects Lots 29 and 30. Rrst American Titie Insurance Company Order Number: NCS-130324-SA1 Page Number 7 28. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions In the document recorded March 30, 2005 as Instiximent no. 2005-0258429 of Offidal Recorts, which provide that a violation tiiereof shall not defeat or render invalid the lien of any first mortgage or deed of tixist made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restilctions violate Titie 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants )n senior housing or housing for older persons shall not be construed as resti-ictions based on familial status. 29. The terms and provisions contained in the document enti'tied "Notice of Restriction on Real Pnsperty" recorded June 2, 2005 as insti-ument no. 2005-0461222 of Offidal Records. 30. TTie terms and provisions contained in the document entitied "Repurchase Option Agreement as disdosed by Memorandum of Repurchase Option Agreement" recorded June 9, 2005 as instiximent no. 2005-0483799 of Offidal Records. 31. The terms and provisions contained in the document entitied "Dedaration of Development Covenants, Conditions and Restrictions" recorded June 9, 2005 as instiximent no. 2005-0483800 of Offidal Reco/xis. 32. The terms and provisions contained In the document entitied "Agreement for Right of Rrst Refusal" recorded June 9, 2005 as instiximent no. 2005-0483801 of Offidal Records. 33. The terms and provisions contained in the document entitied "Declaration of Covenants, Condtions and Restilctions Regarding Buildings" recorded June 9, 2005 as instrument no. 2005- 0483802 of Offidal Records. INFORMATIONAL NOTES Should ttlis report be used to facilitate your ti^nsaction, we must be provided with tiie following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domidle. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other infonnation which the Company may require. B. WITH RESPECTTO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (fomn LP-2) to be recorded in the public records; 2. A full copy of the partiiership agreement and any amendments; 3; Satisfactory evidence of the consent of a majority in Interest of the limited partners to the contemplated transaction; First American Title Insurance Company Order Nuntwr: NCS-130324-SA1 Page Number 8 4. Requirements which the Company may impose following Its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy ofthe appiication for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in die public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in Interest of the limited partners to tiie contemplated transaction; 4. Requirements which the Company may impose following its review of ttie above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the Califomia Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in ttie public reconis; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may Impose following Its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If It is a California limited liability company, a certified copy of its artides of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of artides of organization (LLC-10) to be recorded in the public records; 3. If it Is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of tixist, lease, subordination agreement or otiier document or insti-ument executed by such limited liaijility company and presented for recordation by the Company or upon which tiie Company is asked to rely, sudi document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properiy operates through officers appointed or elected pursuant to the terms of a written operating agreement, such docunnents must be executed by at least two duly elected or appointed officers, as follows: the chairman ofthe board, the president or any vice president, and any secretary, assistant seaetary, the chief finandal officer or any assistant treasurer; (ii) Ifthe limited liability company properiy operates tiirough a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or tiy one manager if the limited liability company properiy operates with ttie existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and otiier information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18500.5 of tiie California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original ti-ust documents and amendments tiiereto which designate the tixistee and confer upon the tixjstee the power to act in ttie pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: First American Titie Insurance Company Order Number NCS-130324-SAl Page Number 9 1. A statement of information. The map attached, if any, may or may not be a survey of ttie land depicted hereon. Rrst American expressly disclaims any liability for loss or damage which may result fi'om reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of tiie titie insurance policy, if any, to which this map is attached. Bank Name: ABA Number: Rrst /American Trust Company Santa Ana Branch 421 North Main Stieet Santa Ana, CA 92701 122241255 ForCi-editTo: Account Number: Rrst American Titie Insurance Company 13101 Reference: RIe No.: NCS-130324-SA1 Attn: Ralph M. Snyder Phone: (619)231-4605 FUNDS FOR OTHER LOANS BEING INSURED BY FIRST AMERICAN TTTLE MUST NSI BE COMBINED INTO ONE WIRE - OR FUNDS MAY BE RETURNED. NOTE: ALL WIRES MUST REFERENCE (1) FIRST AMERICAN TITLE COMPANY AND (2) OUR ACCOUNT NUMBER - OR FUNDS MAY BE RETURNED TO ENSURE RECORDING, THE TITLE OFFICER MUST BE ADVISED BEFORE THE WIRE IS SENT. DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT - - CONTACT ESCROW OFFICER FOR WIRE INSTRUCHONS. First American Titie Insurance Company Order Number NCS-130324-SAl Page Number 10 LEGAL DESCRIPTION Real property In the Qty of Carisbad, County of San Diego, State of Califomia, described as follows: Lots 29 tiirough 32 of Carisbad Tract CT 02-15 Bressi Ranch, in ttie aty of Carlsbad, County of San Diego, State of Califomia, according to Map thereof no. 14960, filed In tiie Office of ttie County Recorder of San Diego County, February 4, 2005. APN: 213-120-04-00(Affects tiie herein described property with otiier property) Hrst American Titie Insurantx Company Order Number: NCS-130324-SAl Page Number 11 The First American Corporation Rrst American Titie Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particulariy any personal or finandal Information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, togetiier with our parent company, The Rrst American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy govems our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as Infomiation obtained from a public record or from anotiier person or entity. Rrst American has also adopted broader guidelines that govern our use of personal information regardless of its source. Rrst American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilia'ng, the types of nonpublic personal information that we may collect indude: • Infonnation we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Infonnation We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party, Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store sudi Information indefinitely, induding the period after which any customer relationship has ceased. Such information may be used fbr any intemal purpose, such as quality control efforts or customer analysis. We may also provide all ofthe types of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies include finandal service providers, such as titie insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other finandal institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to ti3in and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and Rrst /American's Fair Information Values. We cun-entiy maintain physical, electronic, and procedural safeguards tiiat comply with federal regulations to guard your nonpublic personal information. First American Titie Insurance Company Order Number NCS-130324-SAl Page Number 12 EXHIBITA UST OF PIUHTED EXCEmONS AND EXCLUSIONS (BY POUCY TYPE) 1. CAUFORNIA LAND TTTLE ASSOCIATION STANDARD COVERAGE POUCY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by die records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons In possession thereof. 3. Easements, liens or encumbrances, or daims ttiereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundaiy Snes, shortage in area, encroachments, or any other facts which a conrect survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the issuance thereof; (c) water rights, claims or dOe to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company wiil not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or reladng to (i) the occupancy, use, or enjoyment of the land; (il) the character, dmensions or locaUon of any improvement now or hereafter erected on the land; (ni) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which die land is or was a part; or (iv) environmentai protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of tiie enforoement tiiereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting die land has been recorded in the public records at Oate of Poflcy. (b) Any governmental police power not exduded by (a) above, except to ttie extent tiiat a notice of the exercise thereof or a notice of a defect, Ilen or encumbrance resulting from a violaUon or alleged violation affecting tiie land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of die exercise thereof has been recorded In the public reconis at Oate of Policy, but not exduding from coverage any taldng which has occurred prior to Date of Policy whidi would be binding on die rights of a purchaser for value wittwut knowledge. 3. Defects, liens, encumbrances, adverse daims or other matters: (a) whettier or not recorded In ttie public records at Oate of Policy, but created, suffiered, assumed or agreed to by die insured claimant; (b) not known to ttie Company, not recorded in the public records at Oate of Policy, but known to ttie insured claimant and not disdosed in writing to the Company by ttie insured daimant prior to ttie date the Insured claimant became an insured under this policy; (c) resulting In no loss or damage to tiie insured daimant; (d) attaching or created subsequent to Oate of Policy; or (e) resulting In loss or damage which would not have been sustained if ttie insured daimant had paid value fbr die insured moitgage or fbr the estate or interest insured by tiiis polky. 4. Unenforceability of the Ilen of ttie Insured moitgage because of the inability or failure of the insured at Date of Poiky, or die inability or failure of any subsequent owner of tiie Indebtedness, to comply witti applfciabie "doing business" laws of tiie state In whkh ttie land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or daim tiiereof, which arises out of die Q^nsacOon evidenced by the insured mortgage and is based upon usury or any consumer aedit protection or truth In lending law. 6. Any dalm, which arises out of the transaction vesting in die insured the estate or Interest Insured by ttieir polk:y or the transaction creating the Interest of the insured lender, by reason of the operation of fMeral bankruptcy, state insolvency or similar aeditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (induding but not limited to building and zoning ordinances) resblcting or regulating or prohibiting the occupancy, use or enjoyment of die land, or regulating tiie character, dimensions or kication of any hnprovement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in ttie dimensions of area of ttie land, or ttie effect of any violatkxi of any such law, ordinance or govemmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of die exerdse of such rights appears in the public records at l>ate of Polfcy. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffiared, assumed or agreed to by Uie insured daimant; (b) not Icnown to die Company and not shown by the publk: records but known to ttie Insured claimant eittier at Date of Poflcy or at the date such claimant acquired an estate or interest insured by ttiis policy and not disdosed in writing by ttie insured daimant to ttie Company prior to ttie date such insured daimant became an Insured hereunder; (c) resulting in no loss or damage to the insured daimant; (d) attaching or First American Titie Insurance Company Older Number NCS-130324-SA1 Page Number 13 aeated subsequent to Oate of Policy; or (e) resulting in kiss or damage which woukj not have been sustained if ttie Insured daimant had pakl vakie for the estate or interest Insured by ttils pdky. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM 8 • 1970 WITH REGIONAL EXCEPTIONS When ttie American Land TWe Association polcy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusnns set forth in paragraph 2 above are used and the foiiowing exceptions to coverage appear in the poiky. SCHEDULE B This policy does not Insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by ttie records of any taxing autiKrity ttiat levies taxes or assessments on real property or by the puWk: reconjs. 2. Any facts, rights, Interests, or daims whkii are not shown by the public records but which couM be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, daims of easement or encumbrances which are not shown by the public records. 4. Discrepandes, conflicts in boundary lines, shortage In area, encroachments, or any other ^cts which a correct survey would disdose, and whkli are not stwwn by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing tiie issuance thereof; water rights, daims or titie to water. 6. Any lien, or right to a Ilen, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public recbrds. 4. AMERICAN LAND TTTLE ASSOCUTION LOAN POUCY - 1970 WITH A.LTA ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmenQl regulation (Indudlng but not limited to buikiing and zoning ordinances) restricting or regulating or prohibiting die occupancy, use or enjoyment of ttie land, or regulating ttie character, dimensions or location of any Imprownent now or hereafter erected on Uie land, or prohibiting a separation in ownership or a reduction In the dimensions or area of die land, or die effect of any vkilation of any such law ordinance or govemmental regulation. 2. Rights of eminent domain or govemmental rights of police power unless notice of ttie exerdse of such rights appears In ttie public records at Date of Policy. 3. Defects, Hens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed or agreed to by the Insured daimant, (b) not known to tiie Company and not shown by the public reconis but known to die Insured daimant either at Date of Policy or at ttie date such claimant acquired an estate or interest kisured by ttiis policy or acquired ttie insured mortgage and not disdosed in writing by ttie insured daimant to die Company prior to die date such Insured daimant became an insured hereunder, (c) resulting in no loss or damage to the insured daimant; (d) attaching or created subsequent to Date of PoHcy (except to the extent insurance is afforded herein as to any statutory Ilen for labor or material or to the extent Insurance is afforded herein as to assessments for street knprovements under constnxtion or completed at Date of Policy). 4. Unenlbrceabflity of the lien ofthe insured moitgage because of Allure of the insured at Oate of Polcy or of any subsequent owner of the Indebtedness to comply with applicable "doing business" laws of the state hi whkli the land Is situated. 5. AMERICAN LAND TITLE ASSOCUTION LOAN POUCY - 197Q Wim REGIONAL EXCEPTIONS When the American Land Titie Assodation Lenders PoUcy is used as a Standard Coverage Policy and not as an Bctended Coverage Policy, ttie exduskjns set forth in paragraph 4 above are used and ttie folbwlng exceptions to coverage appear in the policy. SCHEDULE B This poGcy does not insure against loss or damage by reason of die matters shown in parts one and two fbiiowing: Part One 1. Taxes or assessments which are not shovm as existing liens by ttie records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights. Interests, or daims whkh are not shown by the public records but whkJi couM tie ascertained by an Inspection of saki land or by making inquiry of persons in possession thereof. 3. Easements, daims of easement or encumbrances whkli are not stMwn by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a conect survey woukj disdose, and whkh are not shown by publk: records. 5. Unpatented mining claims; reservations or exceptions in patents or in Ads auttiorizing ttie issuance ttiereof; water rights, claims or titie to water. 6. Any nen, or right to a lien, fbr services, labor or material ttieretofixe or hereafter fiimlshed, imposed by law and not shown by die publk: records. Hrst American Titie Insurance Company Order Number NCS-130324-SA1 Page Number 14 6. AMEIUCAN LAND TlfLE ASSOCUTION LOAN POUCY - 1992 WITH A.L.TJL ENDORSEMENT FORM 1 COVERAGE EXCUUSIONS FROM COVERAGE The following matters are expressly exduded from ttie coverage of ttils polk:y and ttie Company will not pay ksss or damage, costs, attorneys' fees or expenses which arise by reason o^. 1. (a) Any law, ordinance or govemmental regulation (Indudlng but not limited to buikiing and zoning laws, ordinances, or regulations) restricting, regulating, prohlbUng or relating to <i) ttie oaupancy, use, or enjoyment of the land; (H) the character, dimensions or kxation of any Improvement now or hereafter erected on ttie iand; (lii) a separation in ownership or a change In tiie dimenskins or area ofthe land or any parcel of which the land is or was a part, or (tv) envinsnmental protection, or the effect of any violation of these laws, ordinances or govertunental regulations, except to the extent that a notice of the enforoement ttiereof or a notice of a deiiect; Ilen or encumbrance resulting from a violation or alleged vtolation affecting tiie land has been recorded in the public records at Oate of Polky; (b) Any governmental police power not exduded by (a) above, except to ttie extent that a notice of ttie racercise ttiereof or a notice of a defect, lien or encumbrance resulting from a vkilation or alleged violation affecting ttie land has been recorded tn the pufaHc records at Date ofpoltey. 2. Rights of eminent domain unless notice of ttie exerdse thereof has been recorded In ttie publk: records at Date of Policy, but not exduding from coverage any taking which has occurred prior to Date of Polk:y whkh woukj be binding on the rights of a purchaser fbr value without knowledge. 3. Defects, liens, encumbrances, adverse daims, or other matters: (a) whether or not recorded in the public records at Oate of Policy, but created, suffered, assumed or agreed bo by ttie Insured claimant; (b) not known to die Company, not recorded in the public records at Date of Poflcy, but known to die Insured claimant and not disdosed in writing to die Company by ttie Insured daimant prior to die date die insured daimant became an Insured under this policy; (c) resulting in no toss or damage bo ttie insured claimant; (d) attaching or aeated subsequent to Oate of Poflcy (except to die extent that this policy insures ttie priority of ttie lien of ttie Insured mortgage over any statutory lien for services, labor or material or ttie extent insurance is afforded herein as to assessments for stteet improvements under constructton or completed at date of poiky); or (e) resulting In loss or damage which woukl not have been sustained if the Insured daimant had pakl value fbr the Insured mortgage. 4. Unenforceability of the Ben ofthe insured mortgage because of die inability or failure of ttie insured at Oate of PoUcy, or ttie inability or failure of any subsequent owner of ttie indebtedness, to comply with ttie appikable "doing business' laws of the state In which tiie land Is situated. 5. Invaiklit/ or unenforceability of the lien of tiie Insured mortgage, or daim ttiereof, whkh arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or tnitti in lending law. 6. Any statutory lien for services, labor or mafisrlals (or the daim of prkxity of any statutory lien fbr servkes, labor or materials over ttie lien of tiie Insured mortgage) arising from an Improvement or work related to ttie land whk:h is contracted fbr and commenced subsequent to Date of Polky and is not financed in wtiole or in part by proceeds ofthe Indebtedness secured by ttie insured mortgage which at Date of Policy ttie insured has advanced or is obligated to advance. 7. Any daim, whkh arises out of the transaction creating ttie interest of ttie mortgagee Insured by this polky, by reason of tiie operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, tiiat is based on: (I) ttie transaction creating ttie Interest of ttie Insured mortgagee being deemed a fl-audulent conveyance or iyauduient transfer; or (II) Uie subordination ofthe Interest ofthe insured mortgagee as a result of the applkation of the doctiine of equitable subordination; or (in) the ti-ansacdon aeating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential bwisfier results from tiie faUure: (a) to timely record the instrument of transfier; or (b) of such recordation to Impart notice to a purchaser for value or a Judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCUTION LOAN POUCY • 1992 WITH REGIONAL EXCEPTIONS When the American Land Titie Assodation policy is used as a Standard Coverage Policy and not as an Attended Coverage Policy ttie exduskjns set fbrth in paragraph 6 above are used and the folkiwing exceptions to coverage appear in the poUcy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) wtiich arise by reason of: 1. Taxes or assessments whkh are not shown as existing liens by die records of any taxing authority diat levies taxes or assessments on real property or by die public records. 2. Any facts, rights, interests; or daims which are not shown by the pubflc records but which coukl be ascertained by an inspection of sakl land or by making Inquiry of persons in possession thereof. 3. Easements, daims of easement or encumtxances whkh are not shown by the public records. 4. Discrepancies, conflicts in boundary Snes, stiortage in area, encroachments, or any other facts which a correct survey wouM disdose, and whkh are not shown by publk: records. 5. Unpatented mining claims; reservatkins or exceptkms in patents or in Acts authorizing die issuance thereof; water rights, daims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by die publk records. 8. AMERICAN LAND TITIE ASSOCUTION OWNER'S POUCY • 1992 Rrst American Title Insurance Company Order Number: NCS-130324-SA1 Page Number: 15 EXCLUSIONS FROM COVERAGE TTK foOoMng matters are esgxessly exduded from the coverage of ttils polky and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to buikiing and zoning laws, onjinances, or regulations) resbicdng, regulating, prohibiting or relating to (I) ttie occupancy, use, or enjoyment of ttie land; (11) ttie character, dimenstons or kxation of any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in die dimensions or area of Uie land or any parcel of whidi the land Is or was a part; or (iv) environmental protection, or the effiect of any vkilation af these laws, ontnanoes or governmental regulations, except to tiie extent ttiat a notice of the enforcement ttiereof or a notice of a defect; Ilen or encumbrance resulting from a vkilation or alleged violation affecting die land has been recorded In die publk: records at Oate of Policy. (b) Any govemmental police power not excluded by (a) above, except to die extent Uiat a notice of ttie exerdse thereof or a notice of a defect lien or encumbrance resulting from a vkilation or alleged vkilation affecting the land has been recorded In Oie pubHc records at Oate of Policy. 2. Rights of eminent domain unless notice of ttie exerdse thereof has been recorded in the publk: records at Oate of Pdky, but not exduding from coverage any taking which has occurred prior to Date of Policy whkh woukl be binding on die rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse daims, or other matters: (a) aeated, suffered, assumed or agreed to by the Insured daimant; (b) not Icnown to ttie Company, not recorded In ttie publk: records at Oate of Poflcy, but known to ttie Insured claimant and not disdosed In writing to the Company by the Insured daimant prior to die date die insured daimant became an Insured under ttiis policy; (c) resulting in no kiss or damage to ttie insured daimant; (d) attaching or created subsequent to Oat« of Polky; or (e) resulting in k»s or damage which wauM not have been sustained if ttie kisured daknant had pakl value for the estate or interest Insured by this polky. 4. Any daim, which arises out of ttie bansaction vesting In die Insured ttie estate or interest Insured by ttils pdky, by reason of die operation of federal banknjptcy, state insolvency, or similar creditors' rights laws, diat Is based on: (I) the transaction creating the estate or interest insured by ttiis policy being deemed a fraudulent conveyance or fraudulent ttansfer; or (U) die bansaction aeating die estate or Interest insured try ttiis pdky being deemed a preferential ttansfer except where the prefi^rential b-ansfer results fmm the failure: (a) to timely record ttie instinment of transfer; or (b) of such recordation to impart notice to a purchaser fbr value or a Judgment or Ilen aeditor. 9. AMERICAN LAND TTTLE ASSOCUnON OWNER'S POUCY - 1992 WITH REGIONAL EXCEPTIONS When ttie Amerkan Und Titie Assodatkm poUcy is used as a Stendard Coverage Polky and not as an Extended Coverage Polky the exduskms set forth in paragraph 8 above are used and the folkiwing exceptions to coverage appear In die poflcy. SCHEDULES This poitcy does not Insure against kiss or damage (and die Company wiil not pay costs, attorneys' fees or expenses) whkh arise by reason of: Part One: 1. Taxes or assessments whkh are not shown as existing liens by the records of any taxing autiiority ttiat levies taxes or assessments on real property or by die publk records. 2. Any facts, rights, interests, or daims whkh are not shown by ttie publk records but whkh could be ascertained by an inspection of sakj land or by making inquiry of persons in possesston ttiereof. 3. Easements, dakns of easement or encumbrances whkh are not shown by the public records. 4. Discrepancies, oonflkts in boundary lines, shortage In area, encroachments, or any otiier facts which a correct survey would disdose, and which are not shown by publk: records. 5. Unpatented mining daims; reservations or exceptions In patents or In Acts auttiorizing ttie Issuance thereof; water rights, daims or titie to water. 6. Any Ilen, or right to a flen, fbr services, labor or material ttieretofore or hereafter fumished. Imposed by law and not shown by the pubflc reoonjs. 10. AMERICAN LAND TTTLE ASSOCUTION RESIDENTIAL TITLE INSURANCE POUCY - 1987 EXCLUSIONS In addition to ttie Exceptions in Schedule B, you are not insured against kss, costs, attorneys' fees and expenses resulting firom: 1. Govemmental police power, and the existence or vtoiation of any law or govemment regulation. This Indudes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on die land « environmental pKiteetton This excluston does not apply to vkilations or ttie enforcement of ttiese matters which appear In die public neconls at Policy Date. This exdusion does not limit the zoning coverage desaibed in Items 12 and 13 of Covered Tide Risks. 2. The right ts take ttie land by condemning it, unless: First American Titie Insurance Company ^1 Order Number: NCS-1303Z4-SA1 Page Number: 16 * a notice of exercl^ng the right appears in the publk: records on die Policy Date * the taking happened prior to ttie Polky Date and is binding on you if you bought the land without knowing of ttie taking. 3. TWe Risks: * ttiat are created, allowed, or agreed to by you * that are known to you, but not to us, ori ttie Poflcy Date - unless they appeared In the publk: reoonjs * ttiat result in no loss to you * diat flrst affect your titie after ttie Policy Date - ttiis does not limit the labor and material lien coverage in Item 8 of Covered TMe Risks 4. Failure to pay value for your tide. 5. Lack of a right: * to any land outside die area spedflcally described and refened to in Item 3 cf Schedule A, or * in streets, alleys, or watenways ttiat touch your land This exdusion does not limit die access coverage In Item 5 of Covered Tide Risks. 11. EAGLE PROTECTION OWNER'S POUCY CLTA HOMEOWNER'S POUCY OF TTTU INSURANCE - 1998 ALTA HOMEOWNER'S POUCY OF miE INSURANCE -1998 Covered Rliis 14 (Subdivision Law Violation). IS (BuUdins Permit). 16 (Zaning) sod U (Encraaclincnt of bonadary walli or Unctt) are lubject to D«diictil>le Amounts and Maximum DoUar Uinitt of LiabUity EXCLUSIONS In addition to die Exceptions In Schedule B, you are not insured against toss, costs, attorneys' fees, and expenses resulting from: 1. Governmental potke power, and tiie existence or violation of any law or government regulation. This Indudes ordinances, laws and regulations conceming: a. buikjing b. zoning c. iand use d. improvements on the land e. land division f. environmentai protection This exduston does not apply to violations or die enfbrcement of these matters If notke of Uie violation or enforcement appears in tiie Public Records at ttie Poflcy Date. This exdusion does not Imit the coverage described in Covered Risli 14,15,16,17 or 24. 2. The failure of Your existing smxtures, or any part of ttiem, to be consbxicted In accordance virith applicable bulkflng codes. This Exduskm does net apply to vkilations of buikiing codes If notice of die violation appears In ttie Publk: Records at die Policy Date. 3. The right to take the Land by condemning it; unless: a. a notice of exercising the right appears In die Pubflc Records at die Polky Date; or b. die teMng happened before ttie Polky Oate and Is binding on You if You bought die Land wittwut Knowing of ttie taking. 4. Risks: a. ttiat are created, altowed, or agreed to by You, whettier or not they appear In tiie Pubic Records; b. diat are Known to You at die Polky Oate, but notto Us, unless ttiey appear in the Public Records at ttie Polky Date; c ttiat result in no toss to You; or d. diat flrst occur after the Polky Oate - this does not limit ttie coverage desaibed in Covered Risk 7, 8.d, 22, 23, 24 or 2S. 5. Faflure to pay value fbr Your Titie. 6. Lack of a right: a. to any Land outskle ttie area spedffcaUy described and referred to in paragraph 3 of Schedule A; and b. in streets, afleys, or waterways that touch ttie Land. This exduston doies not limit the coverage described In Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCUTION LOAN POUCY - 1992 WITH A.L.rJi. ENOORSEMErTT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The folkiwing matibers are expressly excluded from die coverage of this polky and the Company will not pay loss or damage, costs, attorneys' fees or expenses whkh arise by reason of: Rrst American Titie Insurance Company Order Number NCS-130324-SA1 Page Numlier 17 1. (a) Any law, ordinance or govemmental regulation (Induding but not limited to building and toning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) die occupancy, use, or enjoyment of ttie Land; (I) ttie diarecter, dimenskins or kxation of any improvement now or hereafter erected on the Land; (Bl) a separation In ownership or a dtange in the dimensions or area of die Land or any parcel of which die Land Is or was a part; or (Iv) environmental protection, or ttie effect of any vlolatton of ttiese laws, ordinances or governmental regulations, exceptto the extent that a nodce of ttie enforcement tiiereof or a notice of a defect Hen or encumbrance resulting from a vtoiation or alleged violation affecting ttie Land has beei recorded in ttie Public Records at Oate of Policy. This exduskm does not limit ttie coverage provkled under insuring provisions 14,15,16 and 24 of this policy. (b) Any governmental police power not exduded by (a) above, except to ttie extent ttiat a notice of die exerdse thereof or a notice of a defect, lien or enoimbrance resulting from a vioiation or alleged vtoiation affecting tiie land has been recorded in the Public Records at Oate of Policy. This exdusion does not limit ttie coverage provkled under Insuring provistons 14,15,16 and 24 of this policy. 2. Rights of eminent domain unless notice of ttie exerdse ttiereof has been recorded in the Public Records at Oate of Policy, but not exduding from coverage any taking whkh has occurred prior to Date of Polky whkh wouki be binding on die rights of a purchaser for vatoe without Krxiwiedge. 3. Defects, liens, encumbrances, adverse daims or ottier matters: (a) created, suffered, assumed or agreed to by the Insured Qalmant; (b) not known to the Company, not recorded in ttie Public Records at Date of Policy, but Known to ttie Insured Claimant and not disckised In writing to the Company by the Insured Qalmant pricr to the date tiie Insured Qalmant became an Insured under ttiis policy; (c) resulting in no toss or damage to ttie Insured Claimant; (d) attaching or created subsequent to Oate of Polky (this paragraph (d) does not Bmit tiie coveiage provkled under Insuring provisions 7, 8, 16,17,19, 20, 21, 23,24 and 25); or (e) resulting in loss or damage which woukl not have been sustained if die Insured Claimant had paid value for the Insured l>lortgage. 4. Unenforceability of die lien of the Insured Mortgage because of ttie inability or Mure of ttie Insured at Oate of Poflcy, or ttie Inabfllty or failure of any subsequent owner of ttie indebtedness, to comply witti applicable doing business lavK ofthe state in which the Land is situated. 5. Invalklity or unenforceability ofthe Ilen of the Insured l»lortigage, or daim thereof, which arises out of the bansaction evktonoed by ttie Insured Mortgage and Is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer aedit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment auttiority whkh become a lien on ttie Land subsequent to Date of Policy. 7. Any claim, whkh arises out of ttie bransaction creating the interest of die mortgagee insured by this policy, by reason of ttie operation of federal bankruptcy, state insoh^cy, or similar creditors' rights laws, that is based on: (a) ttie b-ansaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent ttansfer; or (b) die subordination of the Interest of die insured mortgagee as a result of the application of ttie doctiine of equiteble subordination; or (cj die ttansaction creating ttie interest of the Insured mortgagee being deemed a preferential transfer except where ttie preferential ttansfer results from the failure: (1) to timely record the Instrument of transfer; or (li) of such recordation to impart notice to a purchaser fbr value or a Judgment or lien creditor. 3. Any dalm of invalidity, unenforceability or lack of priority of the Hen of the Insured Mortgage as to advances or modiflcations made after ttie Insured has Knowledge that the vestee shown In Schedule A Is no tonger the owner of die estate or interest covered by ttiis polky. This exdusion does not Bmit the coverage provkled under Insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made alter Date of Policy, and aH Interest charged diereon, over liens, encumbrances and other matters affecting tide, die existence of which are Known to ttie Insured at: (a) The time of die advance; or (b) The time a modflcation is made to ttie terms of ttie Insured Mortgage whkh changes die rate of Interest charged, if Uie rate of interest is greater as a result of the modiflcation than it would have been before the modiflcaUan. This exclusion does not Umit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage (and die Company will not pay costs, attorneys' fees or expenses) whkh arise by reason of; 1. Envlronmentel protecdon liens provkled fbr by the foikwring existing statutes, whkh Uens wiU have priority over the lien of the Insured Mortgage when ttiey arise: NONE. 13. AMERICAN LAND TTTLE ASSOCUTION LOAN POUCY - 1992 WITH EAGLE PROTKTION ADDED WITH REGIOI^ EXCEPTIONS When ttie American Land Tide Assodation loan polky with EAGLE Protection Added is used as a Stendard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 12 above are used and ttie following exceptions to coverage appear in the policy. SCHEDULE B This policy does not Insure against toss or damage (and die Company wfll not pay costs, attorney^ fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing Bens by ttie records of any taxing authority ttiat levies taxes or assessments on real property or by the pubflc records. 2. Any fads, rights, interests, or daims whkh are not shown by ttie public records but whkh could be ascertained by an InspecUon of said land or by making Inquiry of persons in possesston ttiereof. Rrst American Titie Insurance Company Ortier Number NCS-130324-SA1 Page Number 18 3. Easements, claims of easement or encumbrances whkh are not shown by ttie public records. 4. Discrepancies, oonflkts in boundary Ines, shortage in area, encroachments, or any other bets whkh a correct survey vniukl disdose, and which are not shown by publk records. 5. Unpatented mining daims; reservations or exceptions In patenb or In acts authorizing die Issuance tiiereof water rights, daims or titie to water. 6. Any Ilen, or right to a Ben, for services, labor or material ttieretofore or hereafter fumished. Imposed by law and not shown by die publk records. PartT\w: t. Environmentai protection Hens provkled for by die fallowing existing stahjtes, which liens will have priority over the lien of die Insured Mortgage when tiiey arise: NONE f^rst American Titie Insurance Company Citv of Carlsba(j Planning Departnnent HAZARDOUS WASTE AND SL^STANCES STATEMENT Consuliaiion Of Lists of Sites Related To Hazardous Wastes (Certification of CompUance with Government Code Seciion O59D2.5 i Pursuant to State of California Government Code Section 65962.5,1 have consulted the Hazardous Wastes and Substances Sites List compiled by the Califomia Environmental Protection .Agenc)- and hereby cenify that (check one): IX I The development project and any ahemaiives proposed in this application are not contained on the lists compiled pursuant to Seclion 65962.5 ofthe State Govemment Code. I I The development project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. .APPLICANT Name '^o^'^^n Planning Associates/PMA Address- Pasteur Ct Suite 150 Carisbad, CA 92008 Phone Number: 760.438.1465 PROPERTY OWNER Name: Slough Carisbad, LLC Address:400 Oyster Point Blvd, Suite 409 South San Francisco, CA 94080 Phone Number: .Address of Site: South side of Palomar Airport Road Between Innovation and El Fuerte , , . ,r-^ J/- V City of Carisbad, County of San Diego Local .Agency (Cit>' and County): ^ ; I ^_ Assessor's book, page, and parcel number: 213-120-04 Specify hst(s): Regulatory Identification Number:. Date of List: Applicant .^dmm'CounurKuWasic 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ o o ZjLJ Hofman Planning LEHEROFTRANSMIHAL Associates Planning Project Management Fiscal Analysis RECEIVED NOV 1 7 2005 CITY OF CARLSBAD DATE: November 17,2005 PLANNING DE.PJ PROJECT: Bressi Ranch PA 4 Lots 29-32 PIP Submittal DELIVERED BY: Tony Sanfilippo ATTENTION: Planning Department Message: Attached for your review is/are: > Five (5) sets of Engineering Plans > Five (5) sets of Architectural Plans > Five (5) sets of Landscape Plans > One (1) signed Planned Industrial Permit Application > One (1) signed Disclosure State > One (1) signed Hazardous Waste Statement > Two (2) copies of EIA I > Two (2) copies of Stormwater Management Plan (SWMP) > Two (2) copies of the Hydrology Study > Two (2) copies of the Traffic Study > One (1) Check in the amount of $3,875 for PIP Plancheck Please feel free to contact me should you have any questions regarding this submittal Regards, FROM: Tony Sanfilippo Project Planner tsanfilippo@hofinanplanning.com 5900 Pasteur Court • Ste 150 • Carlsbad • CA • 92008 • 760-438-1465 • Fax 760-438-2443 Federal Aviawr^m Administration M' Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2006-AWP-480-OE 2 5 01 Meacham Blvd. RECEIVED MAY 0 if 2006 ® Fort Worth, TX 76137-0520 Issued Date: 05/04/2006 Jon Bergschneider Slough Estates USA Inc. jMc^grr lofii CITY OF CARLSBAD PLANNING DEPT ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C, Section 44718 and, if applicable. Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Building Location: Carlsbad, CA Latitude: 33-7-46.20 N NAD 83 Longitude: 117-15-20.98 W Heights: 45 feet above ground level (AGL) 460 feet above mean sea level (AMSL) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 70/7460-lK, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12 It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) _X Within 5 days after the construction reaches its greatest height (7460-2, Part II) See attachment for additional condition(s) or information. The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport. This determination expires on 11/4/2007 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on Page 1 bed by the FCC for completioriiigBf construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OP THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is subject to review if an interested party files a petition on or before June 3, 2006. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423, Federal Aviation Administration, 800 Independence Ave, Washington, D.C. 20591. This determination becomes final on June 13, 2006 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (202)267-9219. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-480-OE. Signature Control No: 450789-459783 (DNH) Kevin P. Haggerty Manager, Obstruction Evaluation Service Page 2 Attachment(s) Additional Information Map 7460-2 Attached Page 3 1 Information for ASN 2006-A^^480-OE THE PROPOSAL IS FOR A STRUCTURE SITED EAST OF MCCLELLAN-PALOMAR AIRPORT (CRQ), THE CLOSEST PUBLIC-USE LANDING AREA, CARLSBAD, CALIFORNIA. OTHER STRUCTURES OF SIMILAR HEIGHT ARE ESTABLISHED IN THIS AREA. THIS STRUCTURE POINT IS LOCATED 5,017 FEET EAST OF THE (CRQ) RUNWAY 24 PHYSICAL APPROACH END. THIS STRUCTURE POINT HEIGHT IS IDENTIFIED AS AN OBSTRUCTION BY EXCEEDING THE STANDARDS OF FEDERAL AVIATION REGULATION (FAR) PART 77, SUBPART C, AS FOLLOWS: 77.25(d), BY 40 FEET, A HEIGHT EXCEEDING THE (CRQ) RUNWAY 24 APPROACH SURFACE. 77.23(a)(3), A HEIGHT PENETRATING THE (CRQ) RUNWAY 06 40:1 DEPARTURE SURFACE. THE CONSTRUCTION SPONSOR HAS SUBMITTED A CERTIFIED lA-ACCURACY SURVEY TO MITIGATE THIS IMPACT. FAA EVALUATION HAS FOUND THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT UPON VISUAL FLIGHT RULES (VFR) OPERATIONS, OR UPON INSTRUMENT FLIGHT RULES (IFR) OPERATIONS, OR UPON THE OPERATION OF AN AIR NAVIGATION AID (NAVAID), IF THE STRUCTURE, AT THIS POINT, WERE BUILT ONLY TO THE PROPOSED HEIGHT. THIS MAXIMUM HEIGHT SHALL INCLUDE ALL ROOF-MOUNTED APPURTENANCES, INCLUDING SIGNS, ANTENNAS, EQUIPMENT, RED OBSTRUCTION LIGHTING. UPON THE STRUCTURE REACHING ITS MAXIMUM HEIGHT, THE SPONSOR SHALL SUBMIT FAA FORM 7460-2 AS SUPPLEMENTAL INFORMATION WITH A lA-ACCURACY AS-BUILT SURVEY ATTACHED. THE PROPOSAL IS IN AN AREA OF PREVIOUSLY STUDIED STRUCTURES OF SIMILAR HEIGHT AND THE AERONAUTICAL EFFECT IS KNOWN. THIS PROPOSAL WAS NOT CIRCULARIZED FOR PUBLIC COMMENT AS THE CUMULATIVE EFFECT OF THIS PROPOSED STRUCTURE, WHEN COMBINED WITH OTHER PROPOSED AND EXISTING STRUCTURES, IS NOT CONSIDERED TO BE SIGNIFICANT AND WOULD HAVE NO GREATER EFFECT UPON THE SAFE AND EFFICIENT UTILIZATION OF THE NAVIGABLE AIRSPACE. Page 4 Map for ASN 2006-AWP-480-OE Mt VL: D I t' N •). .\ / • ASN#: 2006-AWP-*80.OE (NAD83): 33-7-46.2NJ 117-15.20.98W Page 5 Federal Avia c n Administration \^ Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2006-AWP-481-OE 26 01 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 05/04/2006 Jon Bergschneider RECEiVED Slough Estates USA Inc. 444 North Michigan Ave., Ste. 3230 ^^^Y 0 4 2006 Chicago, IL 60611 CITY OF CARLSBAD ** DETERMINATION OP NO HAZARD TO AIR N£Ul^lMN(i)h|Q*OEPT The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C, Section 44718 and, if applicable. Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Building Location: Carlsbad, CA Latitude: 33-7-46.22 N NAD 83 Longitude: 117-15-17.70 W Heights: 45 feet above ground level (AGL) 463 feet above mean sea level (AMSL) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is (are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 70/7460-lK, Obstruction Marking and Lighting, red lights - Chapters 4, 5 (Red) , &;12 It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) X Within 5 days after the construction reaches its greatest height (7460-2, Part II) See attachment for additional condition(s) or information. The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport. This determination expires on 11/4/2007 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on Page 1 the date pres*»iibed by the FCC for completior»,,B^f construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is subject to review if an interested party files a petition on or before June 3, 2006. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423, Federal Aviation Administration, 800 Independence Ave, Washington, D.C. 20591. This determination becomes final on June 13, 2006 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (202)267-9219. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-481-OE. Signature Control No: 450790-459793 (DNH) Kevin P. Haggerty Manager, Obstruction Evaluation Service Page 2 Attacnmenr[s) Additional Information Map 7460-2 Attached Page 3 1 Information for ASN 2006-A»«,i481-OE THE PROPOSAL IS FOR A STRUCTURE SITED EAST OF MCCLELLAN-PALOMAR AIRPORT (CRQ), THE CLOSEST PUBLIC-USE LANDING AREA, CARLSBAD, CALIFORNIA. OTHER STRUCTURES OF SIMILAR HEIGHT ARE ESTABLISHED IN THIS AREA. THIS STRUCTURE POINT IS LOCATED 5,296 FEET EAST OF THE (CRQ) RUNWAY 24 PHYSICAL APPROACH END. THIS STRUCTURE POINT HEIGHT IS IDENTIFIED AS AN OBSTRUCTION BY EXCEEDING THE STANDARDS OF FEDERAL AVIATION REGULATION (FAR) PART 77, SUBPART C, AS FOLLOWS: 77.25(d), BY 38 FEET, A HEIGHT EXCEEDING THE (CRQ) RUNWAY 24 APPROACH SURFACE. 77.23(a)(3), A HEIGHT PENETRATING THE (CRQ) RUNWAY 06 40:1 DEPARTURE SURFACE. THE CONSTRUCTION SPONSOR HAS SUBMITTED A CERTIFIED lA-ACCURACY SURVEY TO MITIGATE THIS IMPACT. FAA EVALUATION HAS FOUND THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT UPON VISUAL FLIGHT RULES (VFR) OPERATIONS, OR UPON INSTRUMENT FLIGHT RULES (IFR) OPERATIONS, OR UPON THE OPERATION OF AN AIR NAVIGATION AID (NAVAID), IF THE STRUCTURE, AT THIS POINT, WERE BUILT ONLY TO THE PROPOSED HEIGHT. THIS MAXIMUM HEIGHT SHALL INCLUDE ALL ROOF-MOUNTED APPURTENANCES, INCLUDING SIGNS, ANTENNAS, EQUIPMENT, RED OBSTRUCTION LIGHTING. UPON THE STRUCTURE REACHING ITS MAXIMUM HEIGHT, THE SPONSOR SHALL SUBMIT FAA FORM 7460-2 AS SUPPLEMENTAL INFORMATION WITH A lA-ACCURACY AS-BUILT SURVEY ATTACHED. THE PROPOSAL IS IN AN AREA OF PREVIOUSLY STUDIED STRUCTURES OF SIMILAR HEIGHT AND THE AERONAUTICAL EFFECT IS KNOWN. THIS PROPOSAL WAS NOT CIRCULARIZED FOR PUBLIC COMMENT AS THE CUMULATIVE EFFECT OF THIS PROPOSED STRUCTURE, WHEN COMBINED WITH OTHER PROPOSED AND EXISTING STRUCTURES, IS NOT CONSIDERED TO BE SIGNIFICANT AND WOULD HAVE NO GREATER EFFECT UPON THE SAFE AND EFFICIENT UTILIZATION OF THE NAVIGABLE AIRSPACE. Page 4 Map for ASN 2006-AWP-481-OE / 1 \ 1:,. I'. HA TiQl'^ ^'-'^ Sirups fcSKI, NGS //•.\ ASN#: 2006-AV\ft»-481-OE (NAD.8^): 33.7-16:22N / 117-15-17.7W i.*. ^ ..^ >.iV Page 5 n Administration Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2006-AWP-482-OE 2 601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 05/04/2006 RECEIVED Jon Bergschneider Slough Estates USA Inc. M^Y 2005 444 North Michigan Ave., Ste. 3230 Chicago, IL 60611 CITY OF CARLSBAD PLANNING DEPT ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C, Section 44718 and, if applicable. Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Building Location: Carlsbad, CA Latitude: 33-7-45.25 N NAD 83 Longitude: 117-15-14.24 W Heights: 45 feet above ground level (AGL) 465 feet above mean sea level (AMSL) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 70/7460-lK, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&:12 It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) _X Within 5 days after the construction reaches its greatest height (7460-2, Part II) See attachment for additional condition(s) or information. The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport. This determination expires on 11/4/2007 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on Page 1 bed by the FCC for completior>««f construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is subject to review if an interested party files a petition on or before June 3, 2006. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423, Federal Aviation Administration, 800 Independence Ave, Washington, D.C. 20591. This determination becomes final on June 13, 2006 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (202)267-9219. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-482-OE. Signature Control No: 450791-459795 (DNH) Kevin P. Haggerty Manager, Obstruction Evaluation Service Page 2 Attachment(s) Additional Information Map 7460-2 Attached Page 3 1 Information for ASN 2006-AW^482-OE THE PROPOSAL IS FOR A STRUCTURE SITED EAST OF MCCLELLAN-PALOMAR AIRPORT (CRQ), THE CLOSEST PUBLIC-USE LANDING AREA, CARLSBAD, CALIFORNIA. OTHER STRUCTURES OF SIMILAR HEIGHT ARE ESTABLISHED IN THIS AREA. THIS STRUCTURE POINT IS LOCATED 5,592 FEET EAST OF THE (CRQ) RUNWAY 24 PHYSICAL APPROACH END. THIS STRUCTURE POINT HEIGHT IS IDENTIFIED AS AN OBSTRUCTION BY EXCEEDING THE STANDARDS OF FEDERAL AVIATION REGULATION (FAR) PART 77, SUBPART C, AS FOLLOWS: 77.25(d), BY 34 FEET, A HEIGHT EXCEEDING THE (CRQ) RUNWAY 24 APPROACH SURFACE. 77.23(a)(3), A HEIGHT PENETRATING THE (CRQ) RUNWAY 06 40:1 DEPARTURE SURFACE. THE CONSTRUCTION SPONSOR HAS SUBMITTED A CERTIFIED lA-ACCURACY SURVEY TO MITIGATE THIS IMPACT. PAA EVALUATION HAS FOUND THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT UPON VISUAL FLIGHT RULES (VFR) OPERATIONS, OR UPON INSTRUMENT FLIGHT RULES (IFR) OPERATIONS, OR UPON THE OPERATION OF AN AIR NAVIGATION AID (NAVAID), IF THE STRUCTURE, AT THIS POINT, WERE BUILT ONLY TO THE PROPOSED HEIGHT. THIS MAXIMUM HEIGHT SHALL INCLUDE ALL ROOF-MOUNTED APPURTENANCES, INCLUDING SIGNS, ANTENNAS, EQUIPMENT, RED OBSTRUCTION LIGHTING. UPON THE STRUCTURE REACHING ITS MAXIMUM HEIGHT, THE SPONSOR SHALL SUBMIT FAA FORM 7460-2 AS SUPPLEMENTAL INFORMATION WITH A lA-ACCURACY AS-BUILT SURVEY ATTACHED. THE PROPOSAL IS IN AN AREA OF PREVIOUSLY STUDIED STRUCTURES OF SIMILAR HEIGHT AND THE AERONAUTICAL EFFECT IS KNOWN. THIS PROPOSAL WAS NOT CIRCULARIZED FOR PUBLIC COMMENT AS THE CUMULATIVE EFFECT OF THIS PROPOSED STRUCTURE, WHEN COMBINED WITH OTHER PROPOSED AND EXISTING STRUCTURES, IS NOT CONSIDERED TO BE SIGNIFICANT AND WOULD HAVE NO GREATER EFFECT UPON THE SAFE AND EFFICIENT UTILIZATION OF THE NAVIGABLE AIRSPACE. Page 4 Map for ASN 2006-AWP-482-OE ASN#: >2006-AWP^2.OE jNAp83): 33-7-45.25N / 117.15-14.24W Page 5 Federal Aviao«in Administration Air Traffic Airspace Branch, ASW-520 2 6 01 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 05/04/2006 Jon Bergschneider Slough Estates USA Inc. 444 North Michigan Ave., Chicago, IL 60611 Ste. 3230 Aeronautical Study No. 2006-AWP-483-OE RECEIVED MAY 0 4 2006 CITY OF CARLSBAD PLANNING DEPT ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C, Section 44718 and, if applicable. Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Location: Latitude: Longitude: Heights: Building Carlsbad, CA 33-7-43.13 N NAD 83 117-15-19.44 W 45 feet above ground level (AGL) 463 feet above mean sea level (AMSL) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 70/7460-lK, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),£12 It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) _X Within 5 days after the construction reaches its greatest height (7460-2, Part II) See attachment for additional condition(s) or information. The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport. This determination expires on 11/4/2007 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on Page 1 the date presi*irfbed by the FCC for completiorl<«»<^f construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is subject to review if an interested party files a petition on or before June 3, 2006. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423, Federal Aviation Administration, 800 Independence Ave, Washington, D.C. 20591. This determination becomes final on June 13, 2006 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (202)267-9219. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-483-OE. Signature Control No: 450792-459796 (DNH) Kevin P. Haggerty Manager, Obstruction Evaluation Service Page 2 Attachment(s) Additional Information Map 7460-2 Attached Page 3 Addit Information for ASN 2006-AWi^483-OE THE PROPOSAL IS FOR A STRUCTURE SITED EAST OF MCCLELLAN-PALOMAR AIRPORT (CRQ), THE CLOSEST PUBLIC-USE LANDING AREA, CARLSBAD, CALIFORNIA. OTHER STRUCTURES OF SIMILAR HEIGHT ARE ESTABLISHED IN THIS AREA. THIS STRUCTURE POINT IS LOCATED 5,158 FEET EAST OF THE (CRQ) RUNWAY 24 PHYSICAL APPROACH END. THIS STRUCTURE POINT HEIGHT IS IDENTIFIED AS AN OBSTRUCTION BY EXCEEDING THE STANDARDS OF FEDERAL AVIATION REGULATION (FAR) PART 77, SUBPART C, AS FOLLOWS: 77.25(e), BY 33 FEET, A HEIGHT EXCEEDING THE (CRQ) RUNWAY 24 7:1 TRANSITION SURFACE. 77.23(a)(3), A HEIGHT PENETRATING THE (CRQ) RUNWAY 06 40:1 DEPARTURE SURFACE. THE CONSTRUCTION SPONSOR HAS SUBMITTED A CERTIFIED lA-ACCURACY SURVEY TO MITIGATE THIS IMPACT. FAA EVALUATION HAS FOUND THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT UPON VISUAL FLIGHT RULES (VFR) OPERATIONS, OR UPON INSTRUMENT FLIGHT RULES (IFR) OPERATIONS, OR UPON THE OPERATION OF AN AIR NAVIGATION AID (NAVAID), IF THE STRUCTURE, AT THIS POINT, WERE BUILT ONLY TO THE PROPOSED HEIGHT. THIS MAXIMUM HEIGHT SHALL INCLUDE ALL ROOF-MOUNTED APPURTENANCES, INCLUDING SIGNS, ANTENNAS, EQUIPMENT, RED OBSTRUCTION LIGHTING. UPON THE STRUCTURE REACHING ITS MAXIMUM HEIGHT, THE SPONSOR SHALL SUBMIT FAA FORM 7460-2 AS SUPPLEMENTAL INFORMATION WITH A lA-ACCURACY AS-BUILT SURVEY ATTACHED. THE PROPOSAL IS IN AN AREA OF PREVIOUSLY STUDIED STRUCTURES OF SIMILAR HEIGHT AND THE AERONAUTICAL EFFECT IS KNOWN. THIS PROPOSAL WAS NOT CIRCULARIZED FOR PUBLIC COMMENT AS THE CUMULATIVE EFFECT OF THIS PROPOSED STRUCTURE, WHEN COMBINED WITH OTHER PROPOSED AND EXISTING STRUCTURES, IS NOT CONSIDERED TO BE SIGNIFICANT AND WOULD HAVE NO GREATER EFFECT UPON THE SAFE AND EFFICIENT UTILIZATION OF THE NAVIGABLE AIRSPACE. Page 4 I- -/ Map for ASN 2006-AWP-483-OE H E n : 2Dai tSm, Ntii ASN#: 2006-AWP^£S3-OE (NAD83): 33-7^3.13N / 117.15-19.44W ; I- H Ll I \ Page 5 Federal Avia^*!5n Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 05/04/2006 Jon Bergschneider Slough Estates USA Inc. 444 North Michigan Ave., Chicago, IL 60611 Ste. 3230 Aeronautical Study No. 2006-AWP-484-OE RECEIVED MAY 0 4 2005 CITY OF CARLSBAD PLANNING DEPT ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C, Section 44718 and, if applicable. Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Location: Latitude: Longitude: Heights: Building Carlsbad, CA 33-7-43.21 N NAD 83 117-15-15.93 W 45 feet above ground level (AGL) 467 feet above mean sea level (AMSL) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 70/7460-lK, Obstruction Marking and Lighting, red lights - Chapters 4, 5 (Red) , &;12 It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) _X Within 5 days after the construction reaches its greatest height (7460-2, Part II) See attachment for additional condition(s) or information. The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport. This determination expires on 11/4/2007 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on Page 1 the date presd*«ibed by the FCC for completiori»-^f construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is subject to review if an interested party files a petition on or before June 3, 2 006. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423, Federal Aviation Administration, 800 Independence Ave, Washington, D.C. 20591. This determination becomes final on June 13, 2006 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (202)267-9219. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-484-OE. Signature Control No: 450793-459797 (DNH) Kevin P. Haggerty Manager, Obstruction Evaluation Service Page 2 Attachment(s) Additional Information Map 7460-2 Attached Page 3 AdditilH4l Information for ASN 2006- AWC 484-OE THE PROPOSAL IS FOR A STRUCTURE SITED EAST OF MCCLELLAN-PALOMAR AIRPORT (CRQ), THE CLOSEST PUBLIC-USE LANDING AREA, CARLSBAD, CALIFORNIA. OTHER STRUCTURES OF SIMILAR HEIGHT ARE ESTABLISHED IN THIS AREA. THIS STRUCTURE POINT IS LOCATED 5,456 FEET EAST OF THE (CRQ) RUNWAY 24 PHYSICAL APPROACH END. THIS STRUCTURE POINT HEIGHT IS IDENTIFIED AS AN OBSTRUCTION BY EXCEEDING THE STANDARDS OF FEDERAL AVIATION REGULATION (FAR) PART 77, SUBPART C, AS FOLLOWS: 77.25(e), BY 30 FEET, A HEIGHT EXCEEDING THE (CRQ) RUNWAY 24 7:1 TRANSITION SURFACE. 77.23(a)(3), A HEIGHT PENETRATING THE (CRQ) RUNWAY 06 40:1 DEPARTURE SURFACE. THE CONSTRUCTION SPONSOR HAS SUBMITTED A CERTIFIED lA-ACCURACY SURVEY TO MITIGATE THIS IMPACT. FAA EVALUATION HAS FOUND THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT UPON VISUAL FLIGHT RULES (VFR) OPERATIONS, OR UPON INSTRUMENT FLIGHT RULES (IFR) OPERATIONS, OR UPON THE OPERATION OF AN AIR NAVIGATION AID (NAVAID), IF THE STRUCTURE, AT THIS POINT, WERE BUILT ONLY TO THE PROPOSED HEIGHT. THIS MAXIMUM HEIGHT SHALL INCLUDE ALL ROOF-MOUNTED APPURTENANCES, INCLUDING SIGNS, ANTENNAS, EQUIPMENT, RED OBSTRUCTION LIGHTING. UPON THE STRUCTURE REACHING ITS MAXIMUM HEIGHT, THE SPONSOR SHALL SUBMIT FAA FORM 7460-2 AS SUPPLEMENTAL INFORMATION WITH A lA-ACCURACY AS-BUILT SURVEY ATTACHED. THE PROPOSAL IS IN AN AREA OF PREVIOUSLY STUDIED STRUCTURES OF SIMILAR HEIGHT AND THE AERONAUTICAL EFFECT IS KNOWN. THIS PROPOSAL WAS NOT CIRCULARIZED FOR PUBLIC COMMENT AS THE CUMULATIVE EFFECT OF THIS PROPOSED STRUCTURE, WHEN COMBINED WITH OTHER PROPOSED AND EXISTING STRUCTURES, IS NOT CONSIDERED TO BE SIGNIFICANT AND WOULD HAVE NO GREATER EFFECT UPON THE SAFE AND EFFICIENT UTILIZATION OF THE NAVIGABLE AIRSPACE. Page 4 Map for ASN 2006-AWP-484-OE^ I \ 1^ If li.iTK'nT"-- hr. ASN#: 2006-AWP484.OE |NAD83): 33.7^3.21N /117-15-15.93W / ...id..--. V" « Page 5 Federal AviaOWSn Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 05/04/2006 Jon Bergschneider Slough Estates USA Inc. 444 North Michigan Ave., Chicago, IL 60611 Ste. 3230 Aeronautical Study No. 2006-AWP-485-OE RECEIVED MAY 0 h 2006 CITY OF CARLSBAD PLANNING DEPT ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C, Section 44718 and, if applicable. Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Building Location: Latitude: Longitude: Heights: Carlsbad, CA 33-7-42.14 N NAD 83 117-15-12.99 W 45 feet above ground level (AGL) 469 feet above mean sea level (AMSL) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 70/7460-lK, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12 It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) _X Within 5 days after the construction reaches its greatest height (7460-2, Part II) See attachment for additional condition(s) or information. The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport. This determination expires on 11/4/2007 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on Page 1 the date pres^wfbed by the FCC for completiori*^f construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is subject to review if an interested party files a petition on or before June 3, 2006. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423, Federal Aviation Administration, 800 Independence Ave, Washington, D.C. 20591. This determination becomes final on June 13, 2006 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (202)267-9219. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2006-AWP-485-OE. Signature Control No: 450794-459801 (DNH) Kevin P. Haggerty Manager, Obstruction Evaluation Service Page 2 Attachment(s) Additional Information Map 7460-2 Attached Page 3 ^ 1 Information for ASN 2006-AW!^485-OE THE PROPOSAL IS FOR A STRUCTURE SITED EAST OF MCCLELLAN-PALOMAR AIRPORT (CRQ), THE CLOSEST PUBLIC-USE LANDING AREA, CARLSBAD, CALIFORNIA. OTHER STRUCTURES OF SIMILAR HEIGHT ARE ESTABLISHED IN THIS AREA. THIS STRUCTURE POINT IS LOCATED 5,712 FEET EAST OF THE (CRQ) RUNWAY 24 PHYSICAL APPROACH END. THIS STRUCTURE POINT HEIGHT IS IDENTIFIED AS AN OBSTRUCTION BY EXCEEDING THE STANDARDS OF FEDERAL AVIATION REGULATION (FAR) PART 77, SUBPART C, AS FOLLOWS: 77.25(e), BY 11 FEET, A HEIGHT EXCEEDING THE (CRQ) RUNWAY 24 7:1 TRANSITION SURFACE. 77.23(a)(3), A HEIGHT PENETRATING THE (CRQ) RUNWAY 06 40:1 DEPARTURE SURFACE. THE CONSTRUCTION SPONSOR HAS SUBMITTED A CERTIFIED lA-ACCURACY SURVEY TO MITIGATE THIS IMPACT. FAA EVALUATION HAS FOUND THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT UPON VISUAL FLIGHT RULES (VFR) OPERATIONS, OR UPON INSTRUMENT FLIGHT RULES (IFR) OPERATIONS, OR UPON THE OPERATION OF AN AIR NAVIGATION AID (NAVAID), IF THE STRUCTURE, AT THIS POINT, WERE BUILT ONLY TO THE PROPOSED HEIGHT. THIS MAXIMUM HEIGHT SHALL INCLUDE ALL ROOF-MOUNTED APPURTENANCES, INCLUDING SIGNS, ANTENNAS, EQUIPMENT, RED OBSTRUCTION LIGHTING. UPON THE STRUCTURE REACHING ITS MAXIMUM HEIGHT, THE SPONSOR SHALL SUBMIT FAA FORM 7460-2 AS SUPPLEMENTAL INFORMATION WITH A lA-ACCURACY AS-BUILT SURVEY ATTACHED. THE PROPOSAL IS IN AN AREA OF PREVIOUSLY STUDIED STRUCTURES OF SIMILAR HEIGHT AND THE AERONAUTICAL EFFECT IS KNOWN. THIS PROPOSAL WAS NOT CIRCULARIZED FOR PUBLIC COMMENT AS THE CUMULATIVE EFFECT OF THIS PROPOSED STRUCTURE, WHEN COMBINED WITH OTHER PROPOSED AND EXISTING STRUCTURES, IS NOT CONSIDERED TO BE SIGNIFICANT AND WOULD HAVE NO GREATER EFFECT UPON THE SAFE AND EFFICIENT UTILIZATION OF THE NAVIGABLE AIRSPACE. Page 4 Map for ASN 2006-AWP-485-OE Page 5 Apr-11-2fl06 mUw Froi-O'D/S^SULTANTS T8B9318680 ^ IHU P.002/003 F-2Ti 5 N S U L T AXTVI CONSULTA X rvi T S Civil Suj^mmng • Swetying AprU 6,200$ J.N. 051161-1 RECEIVED Pedflia} Aviation AtoitiisUaliuu ^ ^ 2006 t^J^'^l^"^^^ AWP-520 Q.-PY OF PARI ciR A n P.O. BOK 92007 W WPC ^ilTUhUAKLbBAD r^ieAnpilee,CA 02009 PLANNING DEPT R£: BuiUUng Coramr hoeaMm C^rfMcation To Whom It Msy Cmcem: O'jy&y Ckmsaimm, inc. has cdculated the cxjordinat^ fiw four comics of each of &e six I»«ufiuwi«i bitildsipi Ml Lists 29-32 i^f Bivsol RtunJj> - huiwsubii^ CiuMi«l Tra« Ho. <tz-i3, located south of Palomar Aiiport Road aM east of El Camino Real in C^Ishad, CaHj^nia. I certify that ttie latitude and longitude oontdned hMsin are accurate to within 15 feet horizcmtal and 3 feet veilica], and that diese coordisatidS wete tied U> the NAD 83 coMxdinate system using point onmbeis SIXJPS-41 and V-2002 per No. 14960 as ttie basis of bearing. Building'A> (Top of bajlding devatiOB = 460.0) NW Building Ccrutr Ui. 33 W46.20'' Long. II7" 15'20.98" TO Building Comer iat, 33"07'46,22" Long. IH'lS'lMr SE Braiding Comer Lat. 33'07'45J25" Long. 117* 15'18.53" SW Building Comer Lat. 33*07'45.ir Long. 117* 15'20.97" Building 'B' (Top of building elevation = 463.0) NWBuildins Comer Lat. 33''07M6.22" Long, »7'15'17.70" NEBuildmg Comer Lat 33"07*45.5T' Long. 117*15'14.94" SE Building Comer Lat. 33*07'44.6r Long. 117*15'l5.27" SW Building Comer Lat 33-07'45.28" Long. 117* 15'17.^" Building 'C (Top of bnilding etevation = 4*5.0) NW Building Corner Lat 33*07'45.25" Long. 117*15'14.24" NE Building Comer Lat. 33°07'44.ir Long. 117n5'I2.11" SE Building Comer Lat. 33*07'43.30" Long. 117'15'12.74" SW Building Comer Lat. 33°07'44.41" Long. 117°15'14.80" N:'J)5116lV»0406_FAA.ltr,dbc ••Day cantHiUiRb Inc. E-msii; od^^octeysoruuhanw.com 2T10 Lom htficm Wwt, 5i»w lOO Wsomw: •*w«,odayCOr<uit«imcom Apr-n-2006 08;Q2ai From-O'DAY^ULTANTS 7809318880 1-473 P.003/003 F-275 Federal Aviation Administiation April 6,2006 Page 2 Building W (Top of buUdiag elevation = 443.0) NW Building Comer Lat 33'07'44.13" Long. n7"15'19.44'' NE Building Comer Lat 33'07'43.65" Long. 117*15'17.70" SEBiildingCom^ Lat 33-07'41.73" Long. Iiri5'19.10" SW Building Comer Lat 33*07"42.03" Long. 117'15'20.13" BntMng (Top of buildfatg devation - 4ti7.0) NW Building Comer Lat 33'07'43.2r Long. 117*15'15.93" NE Building Comer Lat. 33*07'42.80" Long. 117*15'14.16" SB Building Comer Lat 33*07'40.73" Long. Iiri5'14.95" SW Building Comer Lat 33'07'40.96" Long. 1 IT 15'16.00" BuiUIng 'F* (Top of building elevation = 469,0) NW Building Comer Lat. 33*07'42.14" Long. n7-15'12.99" NE Building Comer Lat 33-07'40.65" Long. 117"15'il.30" SB Building Comer Ut 33'07'39.9r' Long. 11715'12.18" SW Building Comer Lat 33'07'41.51" Long. Ii7"l5'13.8r TinwTlvji n C/iii I ill TA P.L.S. Wo. J70i TlUifi^iif'Siljiiidim N:\051161MWMtlfi_PAA.l!r.(ioc i—I t i eX/Sr, PALOMAR AIRPORT ROAD \ RECEIVED MAY 0 h 2005 CITY OF CARLSBAD PLANNING DEPT 3S'07'46.22' LAT. 1iri5'18.49' LONG. 33-0r46.22'' LAT. rr'ny'^': K7',AT uns'tjjo" LONG, BU). 'B' ] 33'07'45,19'' LAT. 1iri5'20.97'' LONG. 0' 100' SCALE: 1" = 100' 33'07'45.28' LAT. tfrf5't7.97' LONG. 33W'43.65' LAT. 1iri5'17.70' LONG.- 160' 1- -160'^ y^33'07'44.l3 LAT. 1f7'15'19.44' LONG. 33'07'44.60' LAT.- 1iri5'l5.27'' LONG. 33'07'43.21''LAT. C\ •117'15'15.93'' LONG. ^ BLD. 'D' ^33'07'42.03'' LAT. 1iri5'2Q.13' LONG. 3y07'41.73'' LAT. / liriS'l9.10' LONG. ^ 33'07'40.96' LAT. ^ linS'W.OQ'' LONG. BRESSI RANCH PA-4 LEGEND PROJECT BOUNDARY BUILDING NOTE: All 6 BUILDINGS ARE PROPOSED TO BE 45' TAIL (INCLUDING PARAPETS) 2-STORY TILT-UP BUILDINGS Xrefs: 0S70AGR0; O570AMAP; 0570TP01; 05707UAP C • N S U L TA^ 2710 LOKER AVE. W. SUTIE 100 CARLSBAD, CA 92010 760-931-7700 FAX; 760-931-8680 © 2005 O'Day Consultants, Inc, EXIST. PALOMAR AIRPORT RD. BRESSI RANCH PA'4 ] LEGEND PROJECT BOUNDARY BUILDING NOTE: ALL 6 BUILDINGS ARE PROPOSED TO BE 45' TALL (INCLUDING PARAPETS) 2-STORY TILT-UP BUILDINGS CDNSULTA> 2710 LOKER AVE. W. SUTIE 100 CARLSBAD, CA 92010 760-931-7700 FAX: 760-931-8680 © 2005 O'Day Consultants. Inc. l:^,»Sl>l78\.t»hit,lls'vU!.;U>-AA.jw3 U«c 'I'l. Mb grS^cm Xrefs: 0570AGRDl 057OAMAP; 0570TP01: OS707MAP 4 Leighton and Associates, Inc. p-^-: A LEIGHTON GROUP COMPANY October 11,2004 Project No. 971009-014 To: Lennar Communities 1525 Faraday Avenue, Suite 300 Carlsbad, California 92008 Attention: Mr. John Slatton Subject: Addendum to the As-Graded Reports of Mass Grading Concerning the Completion of Settlement Monitoring, Planning Areas PA-1 through PA-5, Bressi Ranch, Carlsbad, Califomia In accordance with the project geotechnical recommendations, settlement monuments were installed within the deep fill areas upon the completion of the fine grading operations for Planning Areas PA-1 through PA-5 of the Bressi Ranch project, located in Carlsbad, California. It should be noted that although this letter is applicable to Planning Areas PA-1 through PA-5, there are no deep fill areas within Planning Areas PA-1 and PA-4. A total of seven settlement monuments were installed within the deep fill areas (i.e. fills generally greater than 40 feet in depth) within Planning Areas PA-1 through PA-5 and one additional monument (Monument 2-1) was placed in a cut area to provide a benchmarlt. The settlement monuments were surveyed generally on a twice monthly to monthly basis for a minimum period of five to six months. The settlement monitoring data for each of the monuments i.s attached. Based on our evaluation of the survey data obtained from the settlement monuments placed in Planning Areas PA-1 through PA-5 of the Bressi Ranch project it is our professional opinion that the primary settlement of the fill soils is essentially complete. Therefore, from a geotechnical standpoint, construction of the improvements within Planning Areas PA-1 through PA-5 may begin. Consequently, survey readings of the monuments can be discontinued and the monuments may be removed. The settlement of the deep fill areas within Planning Area PA-3 was previously evaluated and determined to be essentially complete (Leighton, 2004d). 3934 Murphy Canyon Road, Suite B205 • San Diego, CA 92123-4425 858.292.8030 • Fax 858.292.0771 • www.lelghtongeo.com 971009-014 Secondary consolidation settlement of the fill soil may continue; however, future settlements are expected to be less than 1 to 3 inches depending upon the location within Planning Areas PA-1 through PA-5. Based on the recommendations provided in the two as-graded reports for Planning Areas PA-1 tlurough PA-5, total future settlement is expected to be order of 1 to 3 inches and differential settlement is estimated to be on the order of 1/2 inch in 25 feet (Leighton, 2004a and 2004b). Long-term settlement values and the affects on site development should be evaluated after the site is fine graded and the actual location of the proposed structures and site improvements are known and the fill thicknesses determined. If you have any questions regarding this letter, please contact this office. We appreciate this opportunity to be of service. Respectfiilly submitted, LEIGHTON AND ASSOCIATES, INC. William D. Olson, RCE 45283 Senior Project Engineer landall K. Wagner, (fEG 1612 Senior Associate Attachments: Appendix A - References Settlement Monitoring Data Results Distribution: (2) Addressee (6) Sares Regis Group, Attention: Mr. Patrick Russell - 2 -4 Leighton 971009-014 Appendix A References Leighton and Associates, 2004a, As-Graded Report of Mass Grading, Planning Areas PA-1, PA- 2, and PA-3, Metropolitan Street, and a Portion of Town Garden Road, Gateway Road, and Alicante Road, Carlsbad Tract No. 00-06, Bressi Ranch, Carlsbad, Califomia, Project No. 971009-014, dated April 15,2004 2004b, As-Graded Report of Mass Grading, Planning Areas PA-4 and PA-5, Innovation Way and a Portion of Gateway Road, Carlsbad Tract No. 00-06, Bressi Ranch, Carlsbad, Califomia, Project No. 971009-014, dated May 25,2004 2004c, Stams of Deep Fill Settlement Monitoring, Planning Areas PA-1 through PA-5, Bressi Ranch, Carlsbad, California, Project No. 971009-014, dated August 24,2004 2004d, Addendum to the As-Graded Report of Mass Grading Conceming the Completion of Settlement Monitoring, Planning Area PA-3, Bressi Ranch, Carlsbad, California, dated August 26,2004 A-1 Leighton 6.00 5.00 4.00 (A a> JZ o c c o E .Si ti 3.00 -I 2.00 1.00 0.00 -1.00 -2.00 -3.00 -4.00 -5.00 -6.00 Settlement Monitoring Data Settlement Monument 2-1 SM2-1 10 100 1000 Time (days) Monument placed on Cut 10/11/2004 (A O u c E 6.00 5.00 4.00 3.00 2.00 1.00 0.00 -1.00 -2.00 -3.00 -4.00 -5.00 -6.00 Settlement Monitoring Data Settlement Monument 2-3 10 100 Time (days) i 1 1 1 1 ! i 1 i ! i : 1 • j 1 1 1 • 1 : 1 • • . i ' i i 1 : ! \ \ _j -i i ! ! ! T —^{"^ 1 ' J 1 t i 1 : Mi: i i -- : i 1 L 1 t -j i • i 1 1 I r ' ' . .. i ! 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T J X — 1 i ! i • i i i 1 i i ; i 1 1 i •SM3-1 1000 Time (days) Monument destroyed as of 08/06/04 10/11/2004 Ui u c c <l) E ! to 6.00 4.50 3.00 1.50 0.00 - -1.50 -3.00 -4.50 - -6.00 Settlement Monitoring Data Settlement Monument 3-2 10 100 Time (days) 1 i IMI I i • : 1 i i • i —j i 1 • i I ! ! j ' i ! 1 i 1 ! ; 1 i -• 1 i t - 1 ! — ——- 1—1 1— • — ——- —^— 1— • i — ——- ; t i - — 1 '—• 1 - — i i 1 — i , — A .. i SM3-2 1000 10/11/2004 Settlement Monitoring Data Settlement Monument S-2 o Time (days) 10/11/2004 Ui u c o E _« ti <u (O 6.00 5.00 4.00 3.00 2.00 1.00 0.00 -1.00 -2.00 -3.00 -4.00 -5.00 -6.00 Settlement Monitoring Data Settlement Monument 5-3 1 \ i j i 1 1 i i • — i ~| , i 1 j i I 1 -f T i —h — L ~± —h — I - - -i I ; I i ! ! — -— - 1 -1 • 1 - . ( 1 — i 1 — i •J. r : SM5-3J 10 100 1000 Time (days) Monument destroyed as of 03/31/04 and re-installed on 05/13/04 10/11/2004 Notice of Determination d13 6 6 7 To: I I Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 SD County Clerk Attn: Anthony J. Consul Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 F D L Gregory J. Smith, Recorder/County Clerk JUL 1 2 2006 From: CITY OF CARLStiAD Planning Departnie^t 1635 Faradiay A^yi^ue Carlsbad, CA 92009 (760) 602-4600 BY_ M. Skutlev DEPUTY Project No: PIP 05-23 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. PIP 05-23 - Bressi Ranch Planning Area 4 Business Center Project Title SCH#99041010 City of Carlsbad, Corey Funk (760) 602-4645 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Bressi Ranch, Lots 29-32 located on the comer of Colt Place and Gateway Road, Carlsbad, San Diego County (Assessor Parcel No. 213-262-06 to -09). Project Locations (include County) Name of Applicant: Hofman Planning Associates Applicant's Address: 5900 Pasteur Court, Suite 150, Carlsbad, CA 92008 Applicant's Telephone Number: (760) 438-1465 Project Description: A determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR 98-04 and that the Program EIR 98-04 adequately describes the activity for the purposes of CEQA; and the approval of a Planned Industrial Permit for the development of 6 buildings totaling 300,000 sq. ft. for the purposes of office uses. This is to advise that the City of Carlsbad has approved the above described project on May 8, 2006, and has made the following determination regarding the above described project. 1. 2. The project will not have a significant effect on the environment An Environmental Impact Report (EIR 98-04) was prepared for this project pursuant to the provisions of CEQA. Mitigation measures were made a condition of the approval of EIR 98-04. A mitigation reporting or monitoring plan was adopted for EIR 98-04. A statement of Overriding Considerations was adopted for EIR 98-04. Findkigs were made pursuant to the provisions of CEQA. This is to^ehify that threfinal Pc«gram MK^8-04 with comments and responses and record of projecty%>rovaMs avaiwe tcyfhe Genergfl^Wic at THE CITY OF CARLSBAr 3. 4. 5. 6. M^CELA ESCOBAR-ECK, Planning^irector Date received for filing at OPR: Date Revised December 2004 CALIFORNIA DEPARTMENT OF FISH AND GAME PO BOX 944209 I - SACRAMENTO CA 94244-2090 U v\>^'*^^';M\ CERTIFICATION OF FEE EXEMPTION De Minimis Impact Finding Project Number/Title/Location (Include County): PIP 05-23 / Bressi Ranch Planning Area 4 Business Center / Bressi Ranch, Lots 29-32 located on the comer of Colt Place and Gateway Road, Carlsbad, San Diego County (Assessor Parcel No. 213-262-06 to -09). Name and Address of Applicant: Hofman Planning Associates 5900 Pasteur Court, Suite 150, Carlsbad, CA 92008 Project Description: A determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR 98-04 and that the Program EIR 98-04 adequately describes the activity for the purposes of CEQA; and the approval of a Planned Industrial Permit for the development of 6 buildings totaling 300,000 sq. ft. for the purposes of office uses. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the complete Environmental Initial Study, the City of Carlsbad Planning Department finds that the proposed project will not encroach upon wildlife habitat area, will have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into the proposed project which would affect fish or wildlife. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse /?^ect 05, wij^iJife resources, as defined in Section 711.2 of the Fish and Game Code. CF:aw MAR^LA ESCOBAR-ECK FILED IN THE OFFICE OF THE COUNTY CLERK Planning Director San Diego County on II Ij 1 9 im Posted JUL 1 2 200s Removed ""AUG 14 Ifj^ Lead AgencvyCITA^ OF CARLSBAD Returned to agency on AUG 14 ?p Date: 'HnpUp Deputy M. Skutley Section 711.4, Fish and Game Code DFG: 1/91 STATE OF CALIFORNIA - ThXRESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FlUNG FEE CASH RECEIPT DFG 753.5a (8-03) Lead Agency. City of Carlsbad County / state Agency of Filing: San DlegO 273627 Date: 07/12/2006 Document No.: 013667 ProjectTitle: PIP 05-23 - Bressi Ranch Planning Area 4 Business Center Project Applicant Name: Hofman Planning Associates Phone Number: (760) 438-1465 Project Applicant Address: 5900 Pasteur Ct Ste 150 Carlsbad, CA 92008 Project Applicant (crtecfcappraprafe box): Local Public Agency Sctiool District Other Special District | | state Agency Private Entity [/J CHECK APPLICABLE FEES: ) Environmental Impact Report ) Negative Declaration ) Application Fee Water Diversion (Sfafe Water Resources Control Board Only) ) Projects Subject fo Certified Regulatory Programs ) County Administrative Fee /) Project that is exempt from fees $850.00 $1,250.00 $850.00 $850.00 $25.00 M. Skutley TOTAL RECEIVED $ 0.00 Signature and title of person receiving payment: Deputy WHITE - PROJECT APPLICANT YELLOW-DFG/FASB PINK-LEAD AGENCY GOLDENROD - STATE AGENCY OF FILING DECEIVED NOV 17 CITY OF CARLSBAD ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART TJMj/v/Q DEPT (TO BE COMPLETED BY THE APPLICANT) CASE NO: }>r P QJ^-^^ DATE: October 25. 2005 BACKGROUND 1. CASE NAME: Bressi Ranch PA 4 Lot 1 Business Center 2. LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad. 1635 Faradav Avenue. Carlsbad. CA 92008 '3. CONTACT PERSON AND PHONE NUMBER: Tonv Sanfilippo. Hofman Planning Associates. (760)438-1465 4. PROJECT LOCATION: South of Palomar Airport Road between Colt Place and El Fuerte 5. PROJECT SPONSOR'S NAME AND ADDRESS: Carlsbad CA 92008 6. GENERAL PLAN DESIGNATION: _PI 7. ZONING: PM 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): N/A 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed proiect is to request planned industrial permit and a consolidation of four lots to allow for construction of a business center in Planning Area 4 of the Bressi Ranch Master Plan. Planning Area 4 of the Bressi Ranch Master Plan is located south of Palomar Airport Road east of Colt Place and West of Ei Fuerte Street. The proposed business center is 18.012 acres with 300.000 square feet of building space. The Bressi Ranch Self Storage site is in conformance with the approved community layout of the Bressi Ranch Master Plan. No impacts will be greater than those already anticipated by the EIR for the Master Plan (EIR 98-04). Rev. 07/26/02 ENVIRONJVIENTAL FACTORS POTENTLALLV AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. 1 1 Aesthetics 1 1 Geology/Soils 1 1 Noise 1 1 Agricultural Resources 1 1 Hazards/Hazardous Materials 1 1 Population and Housing 1 1 Air Quality 1 1 Hydrology/Water Quality 1 I Public Services 1 1 Biological Resources 1 1 Land Use and Planning 1 1 Recreation 1 1 Cultural Resources 1 I Mineral Resources 1 1 Transportation/Circulation 1 1 Mandatory Findings of Significance 1 1 Utilities & Service Systems Rev. 07/26/02 o ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. -• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect fi'om "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 07/03/02 • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 07/03/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildmgs within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • X • • • • • m • K IL AGRICULTRAL RESOURCES - (hi determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the Califomia Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) .Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with exisfing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? IIL AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) b) Conflict with or obstmct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? • • • • • • • • • • • m • m • ^ • m • m Rev. 07/03/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? rv. BIOLOGICAL RESOURCES - Would die project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact tributary areas that are environmentally sensitive? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated • • • • • • • • • • • • • • Less Than Significant No Impact Impact • m • • • Kl • Kl • • • K • s • M • • • K Kl Kl • • • Kl Rev. 07/03/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined m §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, including those mterred outside of formal cemeteries? • VL GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fauh Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of die Uniform Building Code (1997), creating substantial risks to life or property? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • S • K • K • m • • • X • • • X • • • X • • • X • • • . X • • • X • • • X Rev. 07/03/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Have soils incapable of adequately supporting the use of septic tanks or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the envu-onment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or stmctures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermbted with wildlands? VIIL HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • • • • • • • • • • • Kl • S • Kl • ^ • S • S • K • Kl • Kl • • • Kl Rev. 07/03/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or plaimed uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? e) Substantially alter the existing drainage partem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface mnoff in a manner, which would result in flooding on- or off- site? f) Create or contribute mnoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted nmoff? g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area stractures, which would impede or redirect flood flows? j) Expose people or stractures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? I) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated • • • • • • • • • • • • • • • • • • • • • • Less Than Significant No Impact Impact • Kl • • • • • K • Kl • K • • • S • Kl • K Kl Kl K Kl • Kl Rev. 07/03/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) n) Changes to receiving water quality (marine, fi-esh or wetiand waters) during or following constmction? o) Increase in any pollutant to an ah^eady impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural commimity conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of futiire value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XL NOISE - Would the project result in: a) Exposiu-e of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundboume vibration or groundboume noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • X • • • X • • • • • • • • • • • • • • • • • • • • • K • Kl • S • Kl • Kl • m • Kl • Kl • K • m 10 Rev. 07/03/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XIL POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infi-astracture)? b) Displace substantial numbers of existing housing, necessitating the constmction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the constmction of replacement housing elsewhere? xm. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemment facilities, a need for new or physically altered govemment facilities, the constraction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Potentially Significant Impact • • Potentially Significant Unless Mitigation Incorporated • • • • Less Than Significant No Impact Impact • Kl • S • • • K • • • K • Kl i) Fire protection? • • • X ii) Police protection? • • • X iii) Schools? • • • X iv) Parks? • • • X v) Otiier public facilities? • • • X RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational ^cilities such that substantial physical deterioration of the fiicility would occur or be accelerated? • • • X 11 Rev. 07/03/02 Q Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) b) Does the project include recreational facilities or require the constmction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • Less Than Significant No Impact Impact • S XV. XVI. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus turn- outs, bicycle racks)? UTILITIES AND SERVICES SYSTEMS project: Would the a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the constraction of new water or wastewater treatment facilities or expansion of existing facilities, the constraction of which would cause significant environmental effects? c) Require or result in the constraction of new storm water drainage facilities or expansion of existing facilities, the constraction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project fi'om existing entitlements and resources, or are new or expanded entitlements needed? • • • • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • Kl • • K 12 Rev. 07/03/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in coimection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially • Potentially Significant Unless Significant Mitigation Impact Incorporated • Less Than Significant No Impact Impact • Kl • • • • • • • • • K • Kl • Kl • Kl • • • S XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed m an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects fi'om the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined fi'om the earlier document and the extent to which they address site-specific conditions for the project. 13 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION AIR QUALITY—Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attairmient area for ozone (O3), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requh-es that a plan be developed outiining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Aa Pollution Control District (APCD) and the San Diego Association of Govemments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans fi'om all other Califomia non-attaimnent areas having serious ozone problems and used to create the Califomia State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regardmg airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of Califomia Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The Califomia Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstract implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated with the project, the project would involve minimal short-term emissions associated with grading and constraction. Such emissions would be minimized through standard constraction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and fi-om the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? 14 Rev. 07/03/02 ^^^^ s^^^ Less Than Signiflcant Impact. The Au- Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, Califomia, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (EIR 93-01). City of Carlsbad Planning Department. September 1994. 2. Final Program Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04, SCH no. 99041010). July 2002 15 Rev. 07/03/02 EIA PART I BRESSI RANCH PLANNING AREA 4 BUSINESS CENTER The purpose of the Project is to create a Bressi Ranch Planning Area 4 Business Center of the Bressi Ranch Master Plan. The proposed Bressi Ranch Planning Area 4 Business Center is m conformance with the approved community layout of the Bressi Ranch Master Plan. No impacts will be greater than those ah-eady anticipated by the EIR for the Master Plan (EIR 98-04). The mitigation measures for the anticipated Potentially Significant Impacts addressed in EIR have been attached. L AESTHETICS a) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, impacts involving affecting a scenic vista will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). b) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center will not damage scenic resources within a State scenic highway because there are no State scenic highways near the proposed project. c) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, impacts involving affecting the existing visual character or quality of the site will not be greater than those ab-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). d) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, impacts involving the creation of light or glare will not be greater than those ah-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). II. AGRICULTRAL RESOURCES a) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center will not convert Farmland to non-agricultural use, because the land is not Farmland. b) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center will not conflict with existing zoning for agricultural use, or a Williamson Act contract, because the land is not zoned for agricultural use. c) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center will not change the existing environment, which due to their location or nature could result in conversion of Farmland to non-agricultural use because there are no surrounding Farmland uses. III. AIR QUALITY a) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center will not conflict with or obstract implementation of the applicable air quality plan any more than what is aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). b) No Impact: In the long term, development anticipated to occur on the project site will generate additional vehicular traffic. The proposed project is consistent with, and implements several mitigation measures identified in the City's General Plan Master EIR to reduce air quality impacts. In addition to the mitigation measures identified in the City's General Plan Master EIR, Mitigation Measures AQl and AQ2 fi-om the Bressi Ranch Master Plan EIR 98-04 shall be implemented to reduce the impact of mobile and stationary air emissions. c) No Impact: Impacts resulting in cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). d) No Impact: Impacts mvolving exposure of sensitive receptors to pollutants will not be greater than those ah-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). There will be no exposure of sensitive receptors to pollutants on the proposed site. e) No Impact: Impacts involving the creation of objectionable odors will not be greater than those ah-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). There will be no creation of objectionable odors on the proposed site. rv. BIOLOGICAL RESOURCES a) No Impact: Impacts having a substantial adverse effect on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service will not be greater than those ah-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). There are no identified species on or adjacent to the proposed site. b) No Impact: Impacts having a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service will not be greater than those akeady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). There are no riparian, aquatic, or wetland habitat on or adjacent to the proposed site. c) No Impact: Impacts having a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filing, hydrological interraption, or other means will not be greater than those ah-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). There are no federally protected wetlands on or adjacent to the proposed site. d) No Impact: Impacts interfering substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites will not be greater than those aheady anticipated by the Envu-onmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). There are no native resident or migratory fish or wildlife species on or adjacent to the proposed site. e) No Impact: Impacts conflicting with any local policies or ordinances protecting biological resources will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). f) No Impact: Impacts conflicting with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). The project conforms to the Habitat Conservation Plan. g) No Impact: Impacts to tributary areas that are environmentally sensitive will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). There are no tributary areas on or adjacent to the proposed site. V. CULTURAL RESOURCES a) No Impact: Impacts involving historical resources will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). There are no historical resources on or adjacent to the proposed site. b) No Impact: Impacts involving archaeological resources will not be greater than those already anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). There are no archeological resources on or adjacent to the proposed site. c) No Impact: Impacts involving paleontological resources will not be greater than those already anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). d) No Impact: Impacts involving human remains will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). VI. GEOLOGY AND SOILS ai) No Impact: Ground rapture generally is considered to occur along pre-existing fault strands. Since no active faults have been mapped on the site or in the vicinity of the project site, ground rapture on-site is considered unlikely. aii) No Impact: The seismic hazard most likely to impact the site is ground shaking resulting from an earthquake on a major regional active fault. Due to the relatively close proximity of the Rose Canyon Fault Zone to the project site, the most significant ground shaking would be from that fault. The Planned Unit Development Amendment is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts involving seismic ground shaking will not be greater than those already anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). aiii) No Impact: The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore,, impacts involving seismic ground failure, including liquefaction will not be greater than those aheady anticipated by the Environmental Impact Report for die Bressi Ranch Master Plan (EIR 98-04). aiv) No Impact: The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts involving landslides will not be greater than those already anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). e) No Impact: The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts involving substantial soil erosion or the loss of topsoil will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). e) No Impact: The Bressi Ranch Plannmg Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts located on a geologic unit or soil this is unstable will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). d) No Impact: The proposed project does not expose people to expansive soils. The Site Development Plan is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts involving expansive soils will not be greater than those ah-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). e) No Impact: The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, soils incapable of adequately supportmg the use of septic tanks or alternative wastewater disposal will not be greater than those afready anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). VII. HAZARDS AND HAZARDOUS MATERIALS a) No Impact: The proposed project will not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials. The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts involving hazardous materials will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). b) No Impact: The proposed project will not release any hazardous materials into the environment. The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts involving hazardous materials will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). c) No Impact: The proposed project will not emit hazardous emissions or handle any hazardous materials within one-quarter mile of an existing or proposed school. The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts involving hazardous materials will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). d) No Impact: The proposed project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts involving hazardous materials will not be greater than those ah-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). e) No Impact: The project is within one mile of an auport land use plan, and within the Flight Activity Zone; however, the project complies with the Comprehensive Land Use Plan. Furthermore, there will be nobody residing on the proposed site. f) No Impact: The project is not within the vicinity of a private airstrip and nobody will be residing or working on the proposed site. g) No Impact: The project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, no such plan exists in the project site. h) No Impact: The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, hazards involving wildfires will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). IX. HYDROLOGY AND WATER QUALITY a) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, unpacts violating any water quality standards or waste discharge requirements will not be greater than those already anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). b) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, unpacts substantially depleting groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or lowering of the local groimd water table level will not be greater than those afready anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). c) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, unpacts to groundwater quality will not be greater tfian those afready anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). d) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts that substantially alter the existing drainage pattern of the site or area, which would result in substantial erosion or siltation on- or off- site, will not be greater than those ah-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). e) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, unpacts that substantially alter the existing drainage pattem of the site or area, which would result in substantial erosion or siltation on- or off- site, will not be greater than those ah-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). f) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts that would create or contribute ranoff water, which would exceed the capacity of existuig or planned stormwater drainage systems or provide substantial additional sources of polluted runoff will not be greater than those aheady anticipated by the Envu'onmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). g) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. There will be no substantially degrading water quality on the proposed site. h) No Impact: The proposed project does not place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or flood delineation map. i) No Impact: The proposed project does not place within 100-year flood hazard area stractures, which would impede or redirect flood flows. j) No Impact: The proposed project does not expose people or stractures to a significant risk of loss injury or death involving flooding, including floodmg as a result of the failure of a levee or dam. The proposed site is not within a flood plain. k) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, inundation by seiche, tsunami, or mudflow will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). 1) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, increased erosion into receiving surface waters will not be greater than those aheady anticipated by the Envu-onmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). m) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts increasing pollutant discharges into receiving surface waters or other alteration of receiving surface water quality will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). n) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, changes to receiving water quality during or following constraction will not be greater than those already anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). o) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, increase in any pollutant to an aheady impaired water body as listed on the Clean Water Act Section 303(d) list will not be greater than those ah-eady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). p) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses will not be greater than those already anticipated by the Envu-onmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). IX. LAND USE PLANNING a) No Impact: The proposed project does not disrapt the physical arrangement of an estabhshed community because an established community does not currently exist on site, and, the project is in conformance with the Bressi Ranch Master Plan. b) No Impact: The proposed project does not conflict with applicable policies adopted by agencies with jurisdiction over the site. The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore,, impacts will not be greater than those ah-eady anticipated by the EIR for the Master Plan (EIR 98-04). c) No Impact: The proposed project is consistent with the approved Bressi Ranch Master Plan. Therefore, any conflict with any applicable habitat conservation plan or natural community conservation plan will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). X. MINERAL RESOURCES a) No Impact: The Bressi Ranch Plaiming Area 4 Business Center will not result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State since there are no known mineral resources on site. b) No Impact: The Bressi Ranch Planning Area 4 Business Center will not result in the loss of an availability of a locally unportant mineral resource recovery site delmeated on a local general plan specific plan, or other land use plan since the site has no such distinction. XL NOISE a) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout ofthe Bressi Ranch Master Plan. Therefore, unpacts exposing of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). b) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, impacts exposmg of persons to or generation of excessive groundboume vibration or groundboume noise levels will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). c) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project will not be greater than those aheady anticipated by the Envu-onmental Impact Report for die Bressi Ranch Master Plan (EIR 98-04). d) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, a substantial temporary or periodic mcrease in ambient noise levels in the project vicinity above levels existing without the project will not be greater than those aheady anticipated by the Envu-onmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). e) No Impact: The proposed Bressi Ranch Plannmg Area 4 Busmess Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, excessive noise levels will not be greater than those aheady anticipated by the Envu-onmental Impact Report for die Bressi Ranch Master Plan (EIR 98-04). f) No Impact: The proposed Bressi Ranch Planning Area 4 Busmess Center is m conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, excessive noise levels will not be greater than those aheady anticipated by the Envu-onmental Impact Report for die Bressi Ranch Master Plan (EIR 98-04). XII. POPULATION AND HOUSING a) No Impact: The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, impacts involving substantial growth will not be greater than those already anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). b) No Impact: The proposed Bressi Ranch Plannmg Area 4 Business Center will not displace existing housing or affordable housing because there is no existing or affordable housing on site. c) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center will not displace people, necessitating the constraction of replacement housing elsewhere because there are no people currently on site. XIII. PUBLIC SERVICES ai) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, unpacts involving fire protection will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). aii) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, impacts involving police protection will not be greater than those aheady anticipated by the Environmental Impact Report for die Bressi Ranch Master Plan (EIR 98-04). aiii) No Impact: The proposed Bressi Ranch Plannmg Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. The proposed project is a school; Therefore,, impacts involving schools will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). aiv) No Impact: The proposed Bressi Ranch Planning Are"a 4 Business Center is in conformance with the approved community layout ofthe Bressi Ranch Master Plan. Therefore, impacts involving parks will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). av) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, impacts involving other public facilities will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). XIV. RECREATION a) No Impact: The proposed Bressi Ranch Planning Area 4 Busmess Center is m conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, impacts involving any increase in the demand for neighborhood or regional parks or other recreational fecilities will not be greater than those akeady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). b) No Impact: The proposed Bressi Ranch Planning Area 4 Busmess Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, impacts mvolving existing recreational opportunities will not be greater than those already anticipated by the Envu'onmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). XV. TRANSPORTATION/TRAFFIC a) No Impact: The proposed project is m conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, impacts involvmg increased vehicle trips or traffic congestion will not be greater than those already anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04) b) No Impact: The Bressi Ranch Planning Area 4 Busmess Center is consistent with the approved Bressi Ranch Master Plan. Therefore, there will be no impacts mvolvmg the level of service standard or will not be greater than those aheady anticipated by the Environmental Impact Report for die Bressi Ranch Master Plan (EIR 98-04). c) No Impact: The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, unpacts involving air traffic pattems will not be greater than those already anticipated by the Envu-onmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). d) No Impact: The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, design features and incompatible uses are not greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). e) No Impact: The Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan and the project will provide adequate emergency access and access to nearby uses. f) No Impact: The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. The project will provide sufficient parking capacity on-site and off- site. g) No Impact: The Bressi Ranch Planning Area 4 Business Center is consistent with the approved Bressi Ranch Master Plan. Therefore, conflicts with adopted policies, plans, or programs supporting altemative transportation will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). XVL UTILITIES AND SERVICES SYSTEMS a) No impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, exceeding wastewater treatment requirements of the applicable Regional Water Control Board will not be greater than those already anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). b) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is m conformance with the approved community layout ofthe Bressi Ranch Master Plan. Therefore, requiring the constraction of new water or wastewater treatment facilities or expansion of existing facilities will not be greater than those akeady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). c) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is m conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, requiring in the constraction of new storm water drainage facilities or expansion of existing facilities will not be greater than those aheady anticipated by the Envu-onmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). d) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, having sufficient water supplies available to serve the project from existing entitlements and resources will not be greater than those already anticipated by the Envu-onmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). e) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, resultuig in a determmation by the wastewater treatment provider that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). f) No Impact: The proposed Bressi Ranch Planning Area 4 Busmess Center is m conformance with the approved community layout of the Bressi Ranch Master Plan. Therefore, being served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs will not be greater than those aheady anticipated by the Envu-onmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). g) No Impact: The Bressi Ranch Planning Area 4 Business Center Complies with federal, state, and local stames and regulations related to solid waste. There will be no solid waste disposal on the proposed site. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) No Impact: The proposed project is m conformance with the approved community layout of the Bressi Ranch Master Plan. The proposed Bressi Ranch Plannmg Area 4 Business Center does not have the potential to degrade the quality of the environment. Any potential to degrade the quality of the environment will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). b) No Impact: The proposed project is in conformance with the approved community layout ofthe Bressi Ranch Master Plan. The proposed Bressi Ranch Plannmg Area 4 Business Center does not have impacts that are mdividually limited, but cumulatively considerable. Impacts that are cumulatively considerable will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). c) No Impact: The proposed Bressi Ranch Planning Area 4 Business Center is in conformance with the approved community layout of the Bressi Ranch Master Plan. The impacts involving environmental effects which will cause the substantial adverse effects on human beings will not be greater than those aheady anticipated by the Environmental Impact Report for the Bressi Ranch Master Plan (EIR 98-04). XVIII. EARLIER ANALYSIS a) Source documents are on file in the Planning Department located at 1635 Faraday Drive, Carlsbad, Phone (760) 602-4600. 1. EIR 98-04, Bressi Ranch - July 9,2002 2. EIR 93-01, Carlsbad General Plan Update- September 6,1994 b) All of the impacts were adequately addressed. In particular, impacts to Geological Problems, Water, Air Quality, Transportation/Circulation, Biological Resources, Noise, and Cultural Resources were within the scope of and adequately analyzed in the Bressi Ranch Environmental Impact Report (EIR 98-04). 10 ^^^^^ DATE: APRIL 13. 2012 CITY OF CARLSBAD REVIEW AND COMMENT MEMO PROJECT NO(S): PIP05-23Ax2 REVIEW NO: 1 PROJECTTITLE: BRESSI RANCH PA 4 BUSINESS CENTER APPLICANT: JEFF SOBCZYK TO: ^ Land Development Engineering-Terie Rowley I I Police Department - J. Sasway I I Fire Department - Greg Ryan I I Building Department - Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Nick Roque I I Water/Sewer District I I Landscape Plancheck Consultant - PELA • School District I I North County Transit District - Planning Department I I Sempra Energy-Land Management I I Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 05/03/12. If you have "No Comments," please so state. If vou determine that there are Items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. COMMENTS: /^^/-/^ -/^^ /2J^/ n^7^^/^ /?^^/P7/^^/^ Signature Date ^FO^WSTOTACHED Review & Comment 05/11 <^ >^i> CITY OF ^ CARLSBAD Memorandum May 1, 2012 To: From: Chris Garcia, Project Planner Steve Bobbett, Project Engineer Subject: PIP 05-23 AX2: BRESSI RANCH PA 4 BUSINESS CENTER (APN NO. 213-262-06, 07,08 AND 09) The engineering department has completed its review of the project. The engineering department is recommending that the project be approved, subject to the following conditions: Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a grading permit or a building permit, whichever comes first. General 10. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the city engineer and the Carlsbad Municipal Water District district engineer, respectively, have determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Prior to the approval of a grading permit or a building permit, whichever comes first,, the developer shall complete processing of a lot line adjustment between Lots 29, 30, 31 and 32 to consolidate the four existing lots into one legal lot, as shown on the site plan. Developer shall install sight distance corridors at all street intersections and driveway intersections in accordance with City Engineering Standards. The property owner shall Community & Economic Development - Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax www .carlsbadca.gov Page 1 of 15 maintain this condition. Fees/Agreements 12. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 13. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 15. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 17. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private enhanced pavement located over proposed public easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 18. Developer shall cause property owner to apply for and obtain reapportionment ofthe assessments imposed on the subject project in accordance with law governing the associated Assessment District 2002-01 (Poinsettia Lane East), or the assessments must be paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the city engineer with the application for the final map. 19. The subject property is within the boundaries of Assessment District No. 2002-01 (Poinsettia Lane East). The owner of this property has previously executed a Special Assessment District Disclosure Agreement with the city. Said Agreement contains provisions requiring the current owner and any subsequent owner(s) to provide notice to potential buyers ofthe amount ofthe assessment and other provisions and requires owner to have each buyer receive, execute and deposit into escrow a Notice of Special Assessment and Prepayment Option Agreement. In the event that owner does not have the buyer execute the Notice of Special Assessment and Prepayment Option Agreement prior to close of escrow, the assessment on the subject property must be paid off in full by owner. Grading 27. Based upon a review ofthe proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and Page 2 of 15 pay all applicable grading plan review and permit fees per the city's latest fee schedule. 32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. 33. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 34. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 36. This project is subject to 'Priority Development Project' requirements. The Preliminary Storm Water Management Plan dated January 11, 2006 is sufficient for discretionary review only. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 37. Developer acknowledges hydromodification (runoff reduction) requirements impact how this project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open- spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction ofthe city engineer. Page 3 of 15 38. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, hydromodification measures, and Low Impact Design (LID) facilities. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). Dedications/Improvements 48. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction ofthe city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 49. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Public water main and fire hydrants. B. Removal of existing public water services and appurtenances not utilized by this development C. Construction of traffic circle(s) along Gateway Road at locations approved by the city engineer. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 53. Prior to issuance of building permits, developer shall install separate private sewer services to each building proposed by this development. Sewer services shall be provided to the satisfaction ofthe city engineer. 57. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval ofthe city engineer. Utilities Page 4 of 15 60. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction ofthe district engineer. 61. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the Carlsbad Municipal Water District or the City of Carlsbad. At the discretion of the district engineer or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 62. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 63. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 64. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 65. The developer shall install private sewer laterals, manholes and clean-outs at locations approved by the city engineer. The locations of private sewer laterals shall be reflected on public improvement plans or building plans. 66. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. 67. The developer shall provide separate potable water meters for each building within this project. 73. The developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction ofthe district engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: Page 5 of 15 80. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. Page 6 of 15 CITY OF CARLSBAD ENGINEERING DEPARTMENT DEVELOPMENT SERVICES May 8, 2009 TO: ASSOCIATE PLANNER - Shelley Esteybar FROM: Associate Engineer - Clyde Wickham PIP 05-23(A) / BRESSI RANCH PLANNING AREA 4, LOTS 29 - 32, SLOUGH CARLSBAD PROJECT CONDITIONS TRANSMITTAL The application PIP 05-23(A)X-1 is the same project as PIP 05-23(A). The following conditions are updated or replacement conditions to the last PIP approval dated February 7, 2008. ENGINEERING CONDITIONS OF APPROVAL ENGINEERING CONDITIONS A/OTE; Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed site plan, must be met prior to approval of a building permit or grading permit, whichever occurs first. Add to Condition #12 - r-^p lua^^^ ^ ^ C^^'^'fV- iS=- The Site Plan shall be modified to include Low Impact Design (LID), per the latest SUSMP and as approved by City Engineer. Delete Condition # 33. Add to Condition #34: Prior to submittal of Grading Plans for review, the Site Plan shall be reviewed for conformance with Current SUSMP (including LID) requirements subject to approval by the City Engineer. Delete Condition # 37. Replace Conditions 38 through 42 with the following conditions: PIP 05-23(A)X-1 Project Report an<f ineering Conditions 35. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 36. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction ofthe project. 38. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction ofthe City Engineer. 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 18. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM March 16, 2009 TO: SHELLEY ESTEYBAR, ASSISTANT PLANNER FROM: CLYDE WICKHAM, ASSOCIATE ENGINEER RE: REVIEW AND ISSUES STATEMENT PIP 05-23X-1 BRESSI RANCH PA 4 (LOTS 29 - 32) The Engineering Department has completed our review of the above-referenced project for application completeness and has determined that the application and plans submitted for this project are incomplete and unsuitable for further review due to the following incomplete items: 1. Storm Water Regulations are constantly changing. Low Impact Design Standards are now required of any project of this size and type. With this in mind the entire site plan should be re-evaluated to incorporate numeric sizing and LID measures. 2. Please submit a preliminary SWMP with calculations of before and after development conditions to validate the anticipated storage of increased runoff and to support selected LID design features. 3. Submit a completed and signed STORM WATER STANDARDS QUESTIONAIRE. The questionnaire can be found on line on the Engineering home page under Engineering Checklists. MINOR ISSUES TO RESOLVE 1. Sheet 2 of the original PIP exhibit indicates Palomar Airport Road improvements by others These improvements have been made and the plans should be corrected to show cx Jting" improvements. This occurs on the plan view and in the Cross section See item 2 for required easement. 2. We have a General Utility and Access Easement (from 2006) that needs to be re- execuied and returned with "Signature Authority". Please return the entire package for recordation. If you have any qu. s regarding the engineering issues, please contact me at 760-602-2742. Clyde Wickham Associate Engineer - Development Services DATE: TO: CITY OF CARLSBAD REVIEW AND COI\/IMENT IVIEMO PLANNING DEPT TRACKING DESK MARCH 2, 2009 REVIEW NO: 1 1^ Engineering, Developnnent Services - Terie Rowley • Police Department - J. Sasway 1^ Fire Department - Greg Ryan • Building Department - Will Foss • Recreation - Mark Steyaert • Public Works Department (streets) - Thomas Moore • Water/Sewer District • Landscape Plancheck Consultant - PELA • School District • North County Transit District - Planning Department Q Sempra Energy - Land Management • Caltrans (Send anything adjacent to 1-5) • Parks/Trails - Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): PIP 05-23X1 PROJECT TITLE: BRESSI RANCH PA 4 EXTENSION APPLICANT: HOFMAN PLANNING AND ENGINEERING PROPOSAL: PIP EXTENSION Please review and submit written comments and/or conditions to MEGHAN JACOBSON, Senior Office Specialist in the Planning Department at 1635 Faraday Avenue, bv 03/17/09 . If you have "No Comments", please so state. If you have any questions, please contact SHELLEY ESTEYBAR . at X4625 . COMMENTS:^^ft^-^s X_>U /^^^^^.g^^r/s Ce'-^^'lt<s*d% PLANS ATTACHED Review & Comment 09/07 7 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USEONLY) • Administrative Permit 0 Planned Industrial Permit • Administrative Variance • Planning Commission Determination • Coastal Development Permit • Precise Development Plan • Conditional Use Permit • Redevelopment Permit • Condominium Permit • Site Development Plan • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tontativo Parcol Map Obtain from Engineering Department • Local Coastal Program Amendment • Tentative Tract Map • Master Plan • Variance • Minor Conditional Use Permit • Zone Change • Non-Residential Planned Development • List other applications not specified • Planned Development Permit 2) ASSESSOR PARCEL NO(S).: 213-120-04 3) PROJECT NAME: 4) BRIEF DESCRIPTiON OF PROJECT: Bressi Ranch PA 4 - PIP 05-23 Extension Extension to existing PIP 05-23 5) OWNER NAME (Print or Type) HCP LS Carlsbad, LLC 6) APPLICANT NAME (Print orType) HOFMAN PLANNING & ENGINEERING MAILING ADDRESS 400 Oyster Point Blvd., Suite 409 MAILING ADDRESS 3152 Lionshead Avenue CITY AND STATE ZIP TELEPHONE SAN FRANCISCO, CA 94080 (858)704-1966 CITY AND STATE ZIP TELEPHONE CARLSBAD, CA 92010 (760)692-4022 EMAIL ADDRESS: jeffso@pmainc.com EMAIL ADDRESS: nroderick@hofmanpianning.com 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND COgRECJ TO THE BEST OF MY KNpwCeDGE. yf/^ J f / / 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND TmL-fi^l THE ABOVE INFORMATION IS TRUE AND COMRPST To^emB^sr OF MY KNOWLEDGE. ^I9NAT0RE / DATE ' SIGN.MijRE DATfe ' ' BRIEF LEGAL DESCRIPTION Lots 29-32 of Carlsbad Tract 02-15 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 1 'I Rev. 03/06 PAGE ^ OF 5 8) LOCATION OF PROJECT: ON THE SOUTH STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) PALOMAR AIRPORT RD (NAME OF STREET) BETWEEN ICOLT PLACE (NAME OF STREET) AND EL FUERTE 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 17 1 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING N/A 18.01 PM 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICe SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING N/A 300K 4200 PI PM (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES. ASSIGN HMP # N/A N/A 166.6 PI Y/N 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TOI FOR CITY USE ONLY FEE COMPUTATION APPUCATION TYPE FEE REQUIRED fIP OS-Z^KK DATE RECEIVED CITY OF CARLSBAD RECEIVED BY: TOTAL FEE REQUIRED Form 14 Rev. 03/06 PAGE 2 OF 5 CITY OF CARLSBAD ENGINEERING DEPARTMENT DEVELOPMENT SERVICES January 24, 2008 TO: ASSOCIATE PLANNER - Shelley Esteybar FROM: Associate Engineer - Clyde Wickham PIP 05-23(A) / BRESSI RANCH PLANNING AREA 4, LOTS 29 - 32, SLOUGH CARLSBAD PROJECT CONDITIONS TRANSMITTAL The application PIP 05-23(A) is the same project as PIP 05-23 The following conditions are updated or replacement conditions to the original PIP approval dated May 8, 2006. ENGINEERING CONDITIONS OF APPROVAL ENGINEERING CONDITIONS A/OTE; Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed site plan, must be met prior to approval of a building permit or grading permit, whichever occurs first. After Condition # 29 Please add the following condition: Developer shall cause property owner to apply for and obtain reapportionment of the assessments imposed on the subject project in accordance with law governing the associated Poinsettia Lane East Assessment District, or the assessments must be paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the City Engineer with the application for the final map. Add to Condition #32 b) Removal of existing water services and appurtenances in adjacent streets not utilized by this development. After Condition # 32 Please add the following condition: Developer shall design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. PIP 05-23(A) Project Report and Eng^^ng Conditions »^ Replace Condition # 34 with the following condition: 34. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants ofthe following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. After Condition # 34 please add the following condition: Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. Replace Condition # 35 with the following condition: 35. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage ofthe project. At a minimum, the SWMP shall: a. Identify existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum PIP 05-23(A) Project Report and Engl^^ng Conditions extent practicable before discharging offsite; d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on the proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-construction runoff rates and velocities from the site will not exceed the pre-construction runoff rates and velocities to the maximum extent practicable. After Condition # 35 please add the following condition: Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a (FINAL/PARCEL) map, whichever occurs first for this Project. Carlsbad ftfun/c/pa/ Water District Add to end of Condition # 38 An encroachment agreement shall be prepared for easements that contain Decorative or Stamped Concrete, Private Storm Drainage Facilities, Irrigation and landscaping improvements. Replace Condition # 47 with the following condition: 47. Developer shall exercise special care during the construction phase of this project to prevent offsite dust and siltation. Planting, erosion and dust control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW February 18, 2006 TO: COREY FUNK, ASSISTANT PLANNER FROM: Glen Van Peski, Consultant Project Engineer VIA: BOB WOJCIK, DEPUTY CITY ENGINEER - DEVELOPMENT SERVICES RE: REVIEW AND ISSUES STATEMENT PIP 05-23 BRESSI RANCH LOTS 29 - 32 The Engineering Department has completed our review of the above-referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for review. Engineering issues which need to be resolved or adequately addressed prior to scheduling of this project for a hearing are as follows. ISSUES TO RESOLVE 1. Project will be conditioned to consolidate the existing lots through a lot line adjustment. 2. Correct the line-of-sight shown on the tentative map. Coordinate with landscape architect so there are no plant materials within sight distance corridors that would inhibit CalTrans sight distance. 3. Redo truck turning exhibit so it conforms to CalTrans 407E. Existing truck paths have angle points and sharp radii. 4. Sign and seal the SWMP and hydrology study. 5. See redlined check prints for other minor comments. Prior to preparation of conditions, submit a set of prints of the tentative map that is signed by both the owner and the engineer of work. Attached are redlined check prints of the Site Plan package, the Storm Water Mitigation Plan, and the Hydrology Study for the applicant's use. The applicant must return these check prints with the revised plans to assist staff in our continued review. If you have any questions, call me at 720-0500 or email me at gvanp@ci.carlsbad.ca.us. Glen K. Van Peski, P.E. Consultant Project Engineer - Land Use Review CARLSBAD FIRE DEPARTMENT Fire Prevention Division Land Use Review Report Bressi Ranch PA 4: Business Ctr. - Lots 29-32 02/13/05 PIP 05-23 Engineer: PROJECT NAME: Date: Project number: Staff Planner: Project conditions; (Note: The following identifies specific conditions necessary to achieve Fire Department approvaL) Fire Department has completed their review of this application and has no comments or conditions to submit. GR CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW December 13, 2005 REVISED TO: COREY FUNK, ASSISTANT PLANNER FROM: Glen Van Peski, Consultant Project Engineer VIA: BOB WOJCIK, DEPUTY CITY ENGINEER - DEVELOPMENT SERVICES RE: REVIEW AND ISSUES STATEMENT PIP 05-23 BRESSI RANCH LOTS 29 - 32 The Engineering Department has completed our review of the above-referenced project for application completeness and has determined that the application and plans submitted for this project are incomplete and unsuitable for a complete review. Additionally, staff has completed a review of the project for Engineering issues. Engineering issues which need to be resolved or adequately addressed prior to scheduling of this project for a hearing are added to the later part of this correspondence. INCOMPLETE ITEMS 1. Provide truck turning movement exhibit. Use the template for a Caltrans 407E vehicle per City standards. 2. Show building setbacks from property lines. 3. Label widths, centerline radii and grades (in percent slope) for adjacent streets. 4. Dimension drive aisle widths and typical parking lot spaces. 5. Show and clearly/fully label all existing and proposed, public and private easements. 6. Preliminary landscape plan needs to show all existing and proposed utility easements, and show no trees within any public easements. 7. Landscape plan must reflect the grass swales shown on the grading plan and in the Storm Water Mitigation Plan. 8. Show the eastbound right turn lane from Palomar Airport Road onto El Fuerte Street to be built by others. ISSUES TO RESOLVE 9. How is the necessary lot consolidation to be accomplished? No application has been submitted. 10. Use GS-20 driveways. 11. Address comments in the SWMP and hydrology calculations. 12. Show BMPs on the site plan (i.e. filter inserts, inlet stenciling, etc.) by notes and or labeling as "typical". 13. See redlined check prints for other comments. Attached are redlined check prints of the Site Plan package, the Storm Water Mitigation Plan, and the Hydrology Study for the applicant's use. The applicant must return these check prints with the revised plans to assist staff in our continued review. If you have any questions, call me at 720-0500 or email me at gvanp@ci.carlsbad.ca.us. Glen K. Van Peski, P.E. Consultant Project Engineer - Land Use Review o o City of Carlsbad Police Department Date: December 2, 2005 To: Corey Funk From: J. Sasway, CPS, Carlsbad Police Department Subject: Bressi Ranch Planning Area 4 Business Master Plan Plan Review Recommendations Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model statewide standards. Create Defensible Space strategies to consider: Provide clearly defined transitions from public to private space. Use landscaping, fencing and ground cover to create territoriality and an identity for the property. Use natural barriers to designate space and separate activities that may conflict. Design space to increase the perception of natural surveillance. Design the space to direct the flow of people in the manner intended, preventing people from entering unauthorized space. Consider that if people feel comfortable and safe in all areas, they are more likely to use the areas. Lighting All types of exterior doors should be illuminated during the hours of darkness, with a minimum maintained one foot-candle of light, measured within a five-foot radius on each side of the door at ground level. Recessed areas of buildings or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed six feet in width and are capable of human concealment, should be illuminated with a minimum maintained 0.25 foot-candles of light at ground level during the hours of darkness. This recommendation applies to defined recessed areas, which are within six feet of the edge of a designated walking surface with an unobstructed pathway to it, not hindered by walls or hedgerow landscaping a minimum of two feet in height. Stairways should be illuminated with a minimum maintained one foot-candle of light on all landings and stair treads, during the hours of operation, including one hour thereafter. All exterior pedestrian walkways, interior common corridors, and open parking lots should be illuminated with a minimum maintained one foot-candle of light on the walking or driving surface during the hours of operation and one hour thereafter. The parking and drive surface lighting should have a rated average bulb life of not less than 2560 Orion Way • Carlsbad, CA 92008-7280 • (760) 931-2100 • FAX (760)931-8473 ^ 10,000 hours. Accessible luminaries should have vandal resistant light fixtures and be not less than three feet in height from ground level when used to illuminate walkways and a minimum of eight feet in height from ground level when illuminating surfaces associated with vehicles. Light fixtures should be deemed accessible if mounted within fifteen feet vertically or six feet horizontally from any accessible surface or any adjoining roof, balcony, landing, stair tread, platform or similar structure. Landscaping The police department recommends that the exterior landscaping be kept at a minimal height and fullness, giving police, security services and the general public surveillance capabilities into and out of the area. Growth characteristics of plants and their placement in relation to potentigdly vulnerable areas and especially lighting should be considered. Plant low-profile bushes and shrubs, not exceeding three feet in height. Do not plant landscaping higher than three feet in front of windows or in parking areas. Create space between the bottom of trees and the tops of bushes or shrubs. Make sure tree canopies are not lower than six feet. Landscaping should not detract from lighting. Keep entranceways clear of clutter. Design perimeter landscaping to allow vision into the property, particularly parking areas and building access doors. Use security landscaping in areas to deter loitering or entrance where pedestrians are not wanted. Addressing Numerals should be located where they are clearly visible from the street on which they are addressed. They should be of a color contrasting to the background to which they are affixed. Numerals should be no less than six inches in height, if located less than 100 feet from the centerline of the addressed street or 12 inches in height if placed further than 100 feet from the centerline of the addressed street. The numerals should be illuminated during the hours of darkness. The rear doors of all building should have address numbers not less than six inches in height and be of a color contrasting to the background to which they are affixed. Buildings with a total square footage of at least 10,000 square feet shall have rooftop numbers placed parallel to the addressed street, screened from public view and only visible from the air. The numerals are to be white, block lettered, constructed of weather resistant material, and placed against a black background. Address numbers are to be a minimum of four feet in height and 18 inches wide Building Recommendations Doors The police department recommends that hollow steel doors be a minimum sixteen (16) U.S. gauge and have sufficient reinforcement to maintsun the designed thickness of the door when any locking device is installed. Only use glass doors with fully tempered glass or rated burglary resistant glazing. Protect all exterior doors with security hardware. Equip all doors with a latch cover constructed of steel. Ensure the latch cover is a minimum of .125 inch thick. Attach the latch cover to the outside by welding or with non-removable bolts spaced apart on not more than ten-inch centers. Construct the jamb of all aluminum frame-swinging doors to withstand 1600 pounds of pressure in both a vertical distance of three inches and horizontal distance of one inch each side of the strike, to prevent violation of the strike. Equip rear doors used for shipping and receiving and employee entrances with a viewer. A single or double door shall be equipped with a double cylinder deadbolt with a bolt projection exceeding one inch or a hook-shaped or expanding deadbolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five-pin tumblers and a cylinder guard. Windows Equip movable windows with security hardware and burglar resistant glazing. Cover other vulnerable non-movable windows with burglar resistant glazing. Windows of commercial buildings are vulnerable to breakage during the hours of darkness when the business is non-operational especially windows within 40 inches of any door locking mechanism Glaze should be constructed of either two part laminated glazing with a 0.60 inch inner layer or burglary resistant glazing Roofs Secure all roof openings. For considerations, please contact the Ceirlsbad Police Department's Crime Prevention Unit at (760) 931-2105. Trash Enclosures Position the trash enclosures away from areas of shipping and receiving. Parking Structures Lighting Lighting is the most important security feature in a parking facility. Vertical illuminsmce is an equally important consideration in parking facility lighting. Uniformity is also critical. Passing from light to dark areas creates problems because the eyes inability to adjust rapidly. It is imperative to get light to the edge of parking stalls. The minimum illuminances in any one point should be 2 foot-candles. Glare reduces the contrast of an object against its background, making it difficult to see depth accurately. Glare can be minimized by the careful selection and positioning of light fixtures. Position lights over vehicles or near beams rather than in drive aisles. Or choose fixtures with built in shields to reduce glare. Check with the Illuminating Engineering Society of North America (lESNA) for currently industry safety standards. Natural Surveillance Natural surveillance is the next most criticed parking facility design issue after lighting. Long- span construction and high ceiling create openness and aids lighting the facility. The openness of the fagade should be maximized. Maximize flat parking gireas and minimize ramps. Dead end parking and nooks and crannies should be avoided. Pedestrian paths should be minimized. Concentrating more people on less paths increased surveillance. Parking spaces should be defined at 90 degrees instead of 45 degrees Elevators Elevator cabs, the interiors of which are not completely visible when the door is open from a point centered on and 36 inches away from the door, shall have shatter resistant mirrors or other equally reflective material so placed as to make visible the entire elevator cab from this point. The elevator cab shall be illuminated at all times with a minimum maintained two foot- candles of light at floor level. Stairways Interior doors shall have glazing panels a minimum of five inches wide and 20 inches in height and meet requirements of the Uniform Building Code. Areas beneath stairways at or below ground level shall be fully enclosed or access to them restricted. Stair towers and elevators have been the highest risk for personal injury as they are typically enclosed. Stairways shall be designed to be completely visible from either the interior or exterior or both, unless mandated by the Uniform Building Code to be enclosed. Fully enclosed interior or exterior stairways with solid walls, when required, shall have shatter resistant mirrors or other equally reflective material at each level and landing and be designed or placed in such a manner as to provide visibility around corners. Alarm System When considering an alarm system, the police department recommends a verified system in an effort to eliminate false alarm activations and increase breach detection. A verified system is verified through audio or visual components. If considering electronic assess as a security feature, consider managed electronic access. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance conceming building security or employee security issues, please contact the Crime Prevention Unit at (760) 931-2105. Reviewed by: Jodeene R. Sasway, Crime Prevention Specialist Carlsbad Police Department S0' CARLSBAD FIRE DEPARTMENT Fire Prevention Division Land Use Review Report PROJECT NAME: Bressi Ranch PA 4 - Business Ctr Date: 11/22/05 Project number: PIP 05-22 Staff Planner: C. Funk Engineer: Proiect conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approvaL) Fire Department has completed their review of this application and would submit the following comments: 1. Buildings in excess of Fifty-two thousand square feet shall require two- automatic fire sprinkler risers. This item is mention so that the necessary accommodations maybe made sooner than later. 2. Question, is the Parking Garage open or enclosed by building code definition? 3. Are you declaring this structure an S-1 or S-3 Occupancy? 4. Is the parking structure to be fire sprinkled? 5. The travel distance between the proposed exit/access stairs shall not exceed Two- hundred lineal feet for un-sprinkled and Two-hundred-fifty feet for sprinkled buildings. 6. Provide a separate fire sprinkler riser room in each building that is accessible from the exterior, this room may also contain other utilities e.g. Telephone/communication equipment. 7. Sheet A1.3 indicates a mechanical enclosure on the parking structure, consult the CBC on Mechanical spaces on roofs of parking structures and provide to us the code section that permits said use. GR *^CAi(LSBAD FILE copy Planning Division www.carlsbadca.gov May 3, 2012 Project Management Advisors, Inc. Attn: Jeff Sobczyk 462 Stevens Avenue Suite 107 Solana Beach, CA 92075 SUBJECT: 1ST REVIEW FOR PIP 05-23(A)x2 - BRESSI RANCH PA 4 BUSINESS CENTER Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Planned Industrial Permit Extension, application no. PIP 05-23(A)x2, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:bcl C: HCP LS Carlsbad, LLC 3760 Kllroy Airport Way, Suite 300, Long Beach, CA 90805 Don Neu, City Planner Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Van Lynch, Senior Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® c 0 FILE copy City of Carlsbad^ Planning Department May 19, 2009 Hofman Planning & Engineering Attn: Natalie Roderick 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: NOTICE OF RESTRICTION -PIP 05-23(A)x1 -BRESSI RANCH - PA 4 - BUSINESS PARK Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the PIP 05-23(A)x1. Please ensure the following items are addressed prior to returning the Notice of Restriction: ^ Correct Notary Acknowledgement Required (Effective January 1. 2008. all Certificates of Acknowledgement used by a California notarv on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) / Document must be properly notarized. ^ Name on signature page and name on Notarial Acknowledgement must match. ^ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ^ Notary Seal cannot be blurry/too light (Count/ w/7/ not record tfie document if any portion of tlie Notary Seal is blurry or too light) ^ Include property owner's name in the designated space above the owner's signature. ^ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded expeditiously as possible. If you have any questions or need additional assistance, please call Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson(a>carlsbadca.aov. EYBAR Assistant Planner c: Senior Management Analyst File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ City of Carlsbad" Planning Department May 18, 2009 Hofman Planning & Engineering Attn: Natalie Roderick 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: PIP 05-23(A)x1 - BRESSI RANCH PA 4 BUSINESS CENTER The City has completed a review of the application for a Planned Industrial Permit Extension to allow for a retroactive 36-month time extension for the development of six (6) two-story office buildings ranging from 45,000 - 56,000 square feet with a total floor area of 300,000 square feet on an 18.01 acre site (Bressi Ranch Planning Area 4, Lots 29-32), generally located south of Palomar Airport Road, east of Colt Place, west of El Fuerte Street and north of Gateway Road. It is the Planning Director's determination that the project IS consistent with the City's Planned Industrial Zone regulations (Chapter 21.34) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based on the following: Findings: 1. The adopted findings for PIP 05-23(A), which are contained in the Planning Director's approval letter (dated February 7, 2008) apply to this extension and are incorporated by this reference. Conditions: Note: Unless specifically stated in the condition, all of the following conditions must be met prior to approval of a building permit or grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; record a notice of violation on the property title; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Planned Industrial Permit Extension. 2. All conditions of approval of Planned Industrial Permit Amendment No. PIP 05-23(A) as stated in the Planning Director's approval letter (dated February 7, 2008) shall apply as conditions of approval for PIP 05-23(A)x1 and are incorporated by this reference, except 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ¥\P%5-23{A)x1 - BRES^r^NCH PA 4 BUSINESS CENTER ^ May 18, 2009 Paqe 2 for the foiiowing: Engineering Conditions No. 5 and 37 are no longer applicable; Planning Condition No. 3 has been superseded by Condition No. 3 below; Planning Condition No. 18 has been superseded by Condition No. 4 below; Planning Condition No. 12 has been superseded by Condition No. 5 beiow; Engineering Condition No. 34 has been superseded by Condition No. 6 below; Engineering Condition No. 33 has been superseded by Condition No. 7 below; and Engineering Conditions No. 38-42 have been superseded by Conditions No. 8-13 below. 3. Planned Industrial Permit Extension, PIP 05-23(A)x1 is granted retroactively for a period of 36 months from May 8, 2009, to May 7, 2012, and shall become null and void if building permits are not issued within this time period. 4. Prior to the issuance of the Building Permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Cartsbad has issued a Planned Industrial Permit Extension by said Planning Director's Approval Letter, dated May 18, 2009, on the p/operty. Said Notice of Restriction shall note the property descripfion, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 5. Developer shall submit to Planning Department a reproducible 24" x 36," mylar copy of the Master Site Plan and Partial Site Plans reflecting the conditions approved by the final decision making body. The Site Pian shall be modified to include Low Impact Design (LID), per the latest SUSMP and as approved by the City Engineer. 6. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Prior to submittal of grading plans for review, the Site Plan shall be reviewed for conformance with the current SUSMP (including LID) requirements subject to approval by the City Engineer. 7. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 8. Developer shall comply with the City's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. ,PIP 05-23(A)x1 - BRESSI .IWNCH PA 4 BUSINESS CENTER W May 18, 2009 Page 3 9. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carisbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction ofthe project. 10. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction ofthe City Engineer. 11. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carisbad Standard Urban Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carisbad Municipal Code all to the satisfaction of the City Engineer. 12. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Storm water Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 13. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City Standard Permanent Storm water Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the City Manager for processing in accordance with Carisbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PIP 05-23(A)x1 - BRESSTt^ANCH PA 4 BUSINESS CENTER ^ May 18, 2009 Page 4 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. If you have any questions, please call Shelley Esteybar at (760) 602-4625. Sincerely, GARY T. BARBERIO Assistant Planning Director GTB:SE:lt c: HCP LS Carisbad, LLC 400 Oyster Point Blvd. Suite 409, San Francisco, CA 94080 Chris DeCerbo, Team Leader Clyde Wickham, Project Engineer Data Entry File Copy - ^ FILECOPY Citv of Carlsbad Planning Department February 7, 2008 Slough Carlsbad, LLC 400 Oyster Point Blvd., Suite 409 South San Francisco, CA 94080 SUBJECT: PIP 05-23(A) - BRESSI RANCH PA 4 BUSINESS CENTER The City has completed a review of the application for a Planned Industrial Permit Amendment to allow for a time extension of the development of six (6) two-story office buildings ranging from 45,000-56,000 square feet with a total ground floor area of 300,000 square feet on an 18.01 acre lot. The project site is generally located south of Palomar Airport Road between Colt Place and El Fuerte Street. It is the Planning Director's determination that the project IS consistent with the City's Planned Industrial Zone regulations (Chapter 21.34), the Bressi Ranch Master Plan (MP 178) arid with all other applicable City Ordinances and policies. The Planning Director therefore APPROVES this request based on the following: Findings: 1. That the site indicated by the Planned Industrial Permit IS adequate in size and shape to accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required by Carisbad Municipal Code Chapter 21.34 in that the project, which includes six proposed two-story office buildings and a parking deck, can fit within the developable area of the lot and ail applicable development standards are met. The project is conditioned to complete a lot line adjustment to consolidate Lots 29-32 of the Bressi Ranch Industrial Area and create the developable area required for the proposed use. 2. That the improvements indicated on the Planned Industrial Permit ARE located in such a manner to be related to existing and proposed streets and highways in that the project, which includes six proposed two-story office buildings and a parking deck, does not require any additional access other than that already approved for the Bressi Ranch Industrial Area, in accordance with City Engineering Standards. 3. That the improvements as shown on the Planned Industrial Permit ARE consistent with the intent and purpose of this zone and all adopted development, design and performance standards as set forth in Carisbad Municipal Code Chapter 21.34 and the Bressi Ranch Master Plan in that the project, which includes six proposed two-story office buildings and a parking deck, conforms to the building height, setbacks, lot coverage, and design criteria ofthe P-M zone and the Bressi Ranch Master Plan. 4. The Planning Director has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan MP 178, a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us February 7, 2008 Page 2 RESSI R/ff5CH PA 4 BUSINESS CENTER approved eariier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2) and (e)];and/or b. this project is consistent with the Master Plan cited above; and c. the Bressi Ranch Master Plan Final EIR 98-04 was certified in connection with the prior project or plan; and d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and f The Planning Director finds that all feasible mitigation measures or project alternatives identified in the EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 5. That the Planning Director finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, in that the project, which includes six proposed two-story office buildings and a parking deck, conforms to the intent and purpose of the Planned Industrial (P-1) General Plan Land Use Designation. 6. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of a building permit. c. The Local Facilities Management fee for Zone 17 is required by Carisbad Municipal Code Section 21.90.050 and will be collected prior to issuance of a building permit. 7. A growth management park fee of 40 cents per square foot of non-residential development wiil be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. 8. That the project is consistent with the City's Landscape Manual (Carisbad Municipal Code Section 14.128.020 and Landscape Manual Section IB). 9. The project is consistent with the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record an Avigation Easement. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed PIP 05-23(A)-BRESSI RAWH PA 4 BUSINESS CENTER February 7, 2008 Paae 3 land use is compatible with the airport, in that the project is not within noise contours greater than 65 CNEL as created by airport operations. 10. That the Planning Director has reviewed each of the exactions imposed on the Developer contained in this letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. All of the conditions within this letter shall supersede all of the conditions within the Planning Director Determination Letter dated May 8, 2006 for the approval of PIP 05-23. 2. Development shall occur substantially as shown on the approved exhibits PIP 05-23(A) - Bressi Ranch PA 4 Business Center Exhibits "A" - "00", dated May 8, 2006 on file in the Planning Department. 3. Planned Industrial Permit Amendment, PIP 05-23(A) is retroactively granted for a period of 18 months from October 8, 2007 to April'7, 2009 and shall become null and void if building pemiits are not issued within this time period. 4. Unless othenwise stated herein, this project shall comply with all applicable City Ordinances and requirements. 5. Approval of Planned Industrial Permit Amendment, PIP 05-23(A) is granted subject to the approval of the ADJ 05-24, and is subject to all conditions contained in the City Engineer's approval of the adjustment plat. 6. All uses established in this structure shall be consistent with Section 21.34.020 (Permitted Uses). 7. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; record a notice of violation on the property title; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of Planned Industrial Permit Amendment, PfP 05-23(A). 8. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned industrial Permit Amendment, PIP 05-23(A) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 9. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 10. K any condition for construction of any public improvements or facilifies, or the payment of any fees in-lieu thereof imposed by this approval or imposed by law on this Project are J PIP 05-23(A) - BRESSI RANCH PA 4 BUSINESS CENTER February 7, 2008 Page 4 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condifion complies with all requirements of law. 11. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carisbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabllifies, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Planned Industrial Permit Amendment, PIP 05-23(A), (b) City's approval or issuance of any permit or action, w/hether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installafion and operafion of the facility permitted hereby, including without limitafion, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and confinues even if the City's approval is not validated. 12. Developer shall submit to Planning Department a reproducible 24" x 36," mylar copy of the Master Site Plan and Partial Site Plans reflecting the condifions approved by the final decision making body. 13. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilifies. 14. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: a. A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. 15. Building permits will not be issued for this project unless the local agency providing water and sewer sen/ices to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the applicafion for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 16. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigafion Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condifion, free from weeds, trash, and debris. 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 18. Developer>&hall submit to the City a Nofice of Restricfion to be filed in the office of the County Recorder, subject to the satisfacfion of the Planning Director, notifying all interested parties and successors in interest that the City of Carisbad has issued a-Planned Industrial 9 /*% H PA 4 BUSINESS CENTER ^ February 7, 2008 Page 5 Permit Amendment, PIP 05-23(A) on the real property owned by the Developer. Said Nofice of Restriction shall note the property description, location of the file containing complete project details and all condifions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfacfion of the Planning Director. 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 21. Developer shall submit and obtain Planning Director approval of an exterior lighfing plan including parking areas. All lighfing shall be designed to reflect downward and avoid any impacts on adjacent homes or property. This exterior lighting plan shall include a photometric analysis that shows no light glare outside of the property boundaries. 22. Prior to the issuance of grading or building permits, whichever occurs first, the Developer shall prepare and record a Nofice that this property may be subject to noise impacts from the Palomar Airport Road Transportafion Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 23. Prior to the issuance of building or grading permits, whichever occurs first, the Developer shall prepare and record a Nofice that this property is subject to overflight, sight and sound of aircraft operafing from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 24. All roof appurtenances, including air condifioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the safisfaction of the Directors of Community Development and Planning. 25. Unless othenwise stated, this industrial project shall comply with all applicable City ordinances and requirements. 26. The Developer shall provide a Notice of Proposed Construction or Alteration to the Federal Aviation Administration (FAA) and McCellan-Palomar Airport consistent with the FAA Determination of No Hazard to Air Navigation issued on May 4, 2006 (Aeronautical Study Numbers 2006-AWP-480-OE, -481-OE, -482-OE, -483-OE, -484-OE, and -485-OE). This notification shall be provided at the time outlined in the above FAA determination and shall identify if the use of construction equipment on the project site will temporarily exceed the maximum height guidelines established by the Determination of No Hazard to Air Navigation. 27. The Developer shall implement and comply with all applicable mitigajtion measures required by the Mifigafion Monitoring and Reporting Program certified'with the Bressi Ranch Master Plan Final EIR 98-04, contained in Planning Commission Resolufion No. 5201. C " o PIP 05-23(A) - BRESSI RAfJCH PA 4 BUSINESS CENTER February 7, 2008 Page 6 Engineering: Note: Unless specifically stated in the condition, all of the following condifions, upon the approval of this proposed site plan, must be met prior to approval of a building permit or grading permit, whichever occurs first. General 28. Prior to hauling dirt or construcfion materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 29. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 30. Developer shall install sight distance corridors at all driveway intersecfions in accordance with Engineering Standards. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. 31. Developer shall submit application for and receive approval of a Lot Line Adjustment to consolidate the existing legal lots, prior to issuance of a grading permit, to the satisfaction of the City Engineer. 32. Developer shall cause property owner to apply for and obtain reapportionment of the assessments imposed on the subject project in accordance with law governing the associated Poinsettia Lane East Assessment District, or the assessments must be paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the City Engineer with the applicafion for the final map. Grading 33. Prior to the issuance of a grading permit or building permit, whichever occurs first. Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 34. Based upon a review of the proposed grading and the grading quantifies shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Dedications/Improvements 35. Developer shall execute and record a City Standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to, water and fire hydrants, to City Standards to the satisfacfion of the City Engineer. The improvements are: a. Public water main and fire hydrants. b. Removal of existing water services and appurtenances in adjacent streets not utilized by this development. Improvements listed above shall be constructed within 18 months of approval of the PIP 05-23(A) - BRESSI RA^H PA 4 BUSINESS CENTER February 7, 2008 Page 7 subdivision or development improvement agreement or such other time as provided in said agreement. 36. Developer shall design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to complefion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 37. Developer shall dedicate a public access and utility easement adjacent to Palomar Airport Road near El Fuerte Street as shown on the Site Plan to the satisfaction of the City Engineer. 38. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NF^ES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesficides, fungicides, herbicides, insecficides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respecfive containers. c. Best Management Pracfices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 39. Prior to the issuance of grading permit or building permit, whichever occurs first. Developer shall submit for City approval a "Storm Water Pollufion Prevenfion Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carisbad Requirements. The SWPPP shall address measures to reduce to the maximum extent pracficable storm water pollutant runoff during construction of the project. 40. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post- construction stage of the project. At a minimum, the SWMP shall: a. Identify exisfing and post-development on-site pollutants-of-concern. PIP 05-23(A) - BRESSI RMCH PA 4 BUSINESS CENTER ^ February 7, 2008 Page 8 b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent pracficable before discharging offsite; d. Establish specific procedures for handling spills and roufine cleanup. Special considerafions and effort shall be applied to (RESIDENT/EMPLOYEE) educafion on the proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f Identify how post-construcfion runoff rates and velocities from the site will not exceed the pre-construction runoff rates and velocities to the maximum extent pracficable. 41. The Storm Water Management Plan (SWMP) prepared for the project shall show how the project design incorporates Low Impact Development (LID) practices. Low Impact Development (LID) Design should reference the current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). The design shall help preserve and restore the natural hydrologic cycle of the site by allowing filtration and infiltration of urban run-off using LID BMPs including but not limited to vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 42. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordafion a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a (FINAL/PARCEL) map, whichever occurs first for this Project. Special Conditions 43. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Secfion 13.10 of the City of Carlsbad Municipal Code, respectively. Carlsbad Municipal Water District 44. Prior to approval of improvement plans. Developer shall meet with the Fire Marshal to determine if fire protecfion measures (fire flows, fire hydrant locafions, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the safisfaction of the District Engineer. 45. The Developer shall design and construct public facilifies within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carisbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. An encroachment agreement shall be prepared for easements that contain Decorative or Stamped Concrete, Private Storm Drainage Facilities, irrigation and landscaping improvements. 46. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego Countv Water Authoritv capacitv charge(s) prior to issuance of Building Permits. PIP 05-23(A) - BRESSI RA^H PA 4 BUSINESS CENTER ^ February 7, 2008 Page 9 , 47. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. 48. The Developer shall design landscape and irrigafion plans ufilizing recycled water as a source. Said plans shall be submitted to the safisfaction ofthe District Engineer. 49. The Developer shall install potable water services) and meters at a locafion approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 50. The Developer shall install sewer laterals and clean-outs at a locafion approved by the District Engineer. The locafions of sewer laterals shall be reflected on public improvement plans. 51. The Developer shall design and construct public water facilities substantially as shown on the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 52. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the fime of occupancy. 53. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. Code Reminders 54. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planfing and erosion control shall be provided in accordance with Carisbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfacfion of the City Engineer. 55. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilifies are available at the time of occupancy. 56. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as othenvise specifically provided herein. 57. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installafion of such signs. 58. Developer shall pay a landscape plan check and inspection fee as required by Secfion 20.08.050 ofthe Carisbad Municipal Code. PIP 05-23(A) - BRESSI R/^CH PA 4 BUSINESS CENTER ^ February 7, 2008 Page 10 59. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 ofthe State Building Code. 60. Premise identificafion (addresses) shall be provided consistent with Carlsbad Municipal Code Secfion 18.04.320. If you have any quesfions, please contact your staff j I IMlltBllll ll'llllilMiliff at (760) 602-4625. Sincerely, DON NEU Planning Director DN:CD:se:sm cc: Chris DeCerbo, Team Leader Christer Westman, Team Supervisor Clyde Wickham, Project Engineer File Copy Data Entry Tim Carroll- O'Day Consultants - 2710 Loker Avenue, Suite 100 Carisbad, California 92010- 6609 FILE COPY City of Carlsbad Planning Department April 23, 2009 Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: 2"" REVIEW FOR PIP 05-23(A)x1 - BRESSI RANCH PA 4 BUSINESS CENTER Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Planned Industrial Permit Extension, application no. PIP 05-23(A)x1, as to its completeness for processing. The items requested from you eariier to make your Planned Industrial Permit Extension, application no. PIP 05-23(A)x1 complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the inifial processing of your applicafion may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. Please contact your staff planner, Shelley Esteybar, at (760) 602-4625, if you have any quesfions or wish to set up a meefing to discuss the applicafion. Sincerely, ,ARY T. BARBERIO Assistant Planning Director GTB:SE:lt c: HCP LS Carisbad, LLC 400 Oyster Point Blvd. Suite 409, San Francisco, CA 94080 Chris DeCerbo, Team Leader Clyde Wickham, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us it Hofman Planning & Engineering Planning Civil Engineering Fiscal Services Coastal April 8, 2009 RECEIVED APR t 4 20Ca PUNNING DEPT Shelley Esteybar Assistant Planner 1635 Faraday Avenue Carlsbad, Ca 92008 SUBJECT: 1^^ Review for PIP 05-23(A)xl - Bressi Ranch PA 4 Business Center Dear Shelley: This letter specifically addresses the list of items needed to complete the application and issues of concern identified in the March 19,2009 letter from the City of Carlsbad. If you have any questions, please feel free to contact me at (760)692-4022. Sincerely, Natalie Roderick Assistant Planner 3152 Lionstnead Avenue • Carlsbad • CA 92010 • (760) 692-4100 • Fax: (760) 692-4105 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Please submit a fully completed Disclosure Statement. A completed Disclosure Statement has been provided. 2. Please submit two (2) copies ofthe Preliminary Title Report (current within the last six (6) months) Preliminary Title Report has been provided (2 copies - attached). Engineering: 3. Storm Water Regulations are constantly changing. Low Impact Design Standards are now required of any project of this size and type. With this in mind, the entire site plan should be re- evaluated to incorporate numeric sizing and LID measures. Engineering comment provided separately to Clyde Wickham. 4. Please submit a preliminary SWMP with calculations of before and after development conditions to validate the anticipated storage of increased runoff and to support selected LID design features. Engineering comment provided separately to Clyde Wickham. 5. 5. Submit two (2) copies of a completed and signed STORM WATER STANDARDS QUESTIONAIRE. The questionnaire can be found on line on the Engineering home page under Engineering Checklists. Engineering comment provided separately to Clyde Wickham. Fire: No comment. ISSUES OF CONCERN Planning: No comment. Engineering: 1. Sheet 2 of the original PIP exhibit indicates Palomar Airport Road improvements by others. These improvements have been made and the plans should be corrected to show "existing" improvements. This occurs on the plan view and in the Cross section. See item 2 for required easement. Engineering comment provided separately to Clyde Wickham. 2. We have a General Utility and Access Easement (from 2006) that needs to be re-executed and returned with "Signature Authority". Please return the entire package for recordation. The 2006 General Utility and Access Easement was returned on 4/6 to Clyde Wickham's attention. Fire: No comment. Q FILE COPY City of Carlsbad Planning Department March 19, 2009 Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: 1st REVIEW FOR PIP 05-23(A)x1 - BRESSI RANCH PA 4 BUSINESS CENTER Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Planned Industrial Permit Extension, application no. PIP 05-23(A)x1, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the applicafion is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, 2/24/09, to either resubmit the applicafion or submit the required information. Failure to resubmit the applicafion or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an applicafion is withdrawn or deemed withdrawn, a new applicafion must be submitted. At this time, the City asks that you provide 5 complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Shelley Esteybar, at (760) 602-4625, if you have any questions or wish to set up a meefing to discuss the applicafion. Sincerely, iARYT BARBERIO Assistant Planning Director GTB:SE:lt c: HCP LS Carisbad, LLC 400 Oyster Point Blvd. Suite 409, San Francisco, CA 94080 Chris DeCerbo, Team Leader Clyde Wickham, Project Engineer File Copy Data Entry Attachments: General Utility and Access Easement 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PF155-23(A)X1 - BRESSIS .^/ANCH PA 4 - J March 19, 2009 Page 2 UST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: Please submit a fully completed Disclosure Statement. 1 I Please submit two (2) copies of the Preliminary Title Report (current within the last six (6) months). Engineering: 3. Storm Water Regulafions are constanfiy changing. Low Impact Design Standards are now required of any project of this size and type. With this in mind, the entire site plan should be re-evaluated to incorporate numeric sizing and LID measures. 4. Please submit a preliminary SWMP with calculations of before and after development ^ condifions to validate the anticipated storage of increased runoff and to support selected LID design features. 5. Submit two (2) copies of a completed and signed STORM WATER STANDARDS QUESTIONAIRE. The quesfionnaire can be found on line on the Engineering home page under Engineering Checklists. Fire: No comment. ISSUES OF CONCERN Planning: No comment. Engineering: 1. Sheet 2 of the original PIP exhibit indicates Palomar Airport Road improvements by others. These improvements have been made and the plans should be corrected to show "exisfing" improvements. This occurs on the plan view and in the Cross section. See item 2 for required easement. 2. We have a General Utility and Access Easement (from 2006) that needs to be re- executed and returned with "Signature Authority". Please return the entire package for recordation. Fire: No comment. If you have any quesfions on the above departmental comments and issues of concern please contact the department representative as listed below: Clyde Wickham, Engineering Department: (760) 602-2742 Shelley Esteybar, Planning Department: (760) 602-4625 o Hofman Planning & Engineering Planning Civil Engineering Fiscal Services Coastal February 24, 2008 Don Neu Planning Director City of Carisbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: Extension of PIP 05-23 Dear Don: We would like to request a two-year extension of the existing PIP 05-23'bue to market conditions. There is currently too much existing and vacant office, warehouse, and R&D space available in Carlsbad to justify constructing additional product at this time. The pennit needs to be extended to await improved market conditions. PIP 05-23 was approved by the City of Carisbad on May 8, 2006 and is due to expire IVlay 8, 2009. Sincerely, Bill Hofman President Hofman Planning & Engineering 3152 Lionshead Avenue • Carlsbad • CA 92010 • (760) 692-4100 • Fox: (760) 692-4105 ^ ^^1^0 ^1,^/0^ 3 FILECOPY City of Carlsbad Planning Department February 14, 2008 Slough Carisbad, LLC 400 Oyster Point Blvd., Suite 409 South San Francisco, CA 94080 SUBJECT: PIP 05-23 (A) - BRESSI RANCH PA 4 BUSINESS CENTER The City completed its review of PIP 05-23(A). As stated in the approval letter dated February 7, 2008, it was determined by the Planning Director-that the project is consistent with the City's Planned Industrial Zone regulafions (Chapter 21.34), the Bressi Ranch Master Plan (MP 178) and with all other applicable City Ordinances and policies. This letter shall only act as an addendum to the recenfiy issued approval letter for PIP 05-23(A). The following condition shall replace Condifion No. 2 stated in the approval letter dated February 7, 2008 for PIP 05-23(A): Planned Industrial Permit Amendment, PIP 5-23(A) is retroactively granted for a period of 18 months from November 8, 2007 to May 7, 2009 and shall become null and void if building permits are not issued within this time period. If you have any quesfions, please contact your staff planner, Shelley Esteybar at (760) 602 -4625. Sincerely, DON NEU Planning Director DN:SE:sm cc: Chris DeCerbo, Team Leader Clyde Wickham, Project Engineer File Copy Data Entry Tim Carroll, O'Day Consultants, 2710 Loker Avenue, Suite 100, Carisbad, CA 92010- 6609 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us FILE COPY Citv of Carlsbad Planning Department January 24, 2008 Hofman Planning & Engineering Attn: Eric Munoz 3152 Lionshead Avenue Carisbad, CA 92010 SUBJECT: 2nd REVIEW FOR PIP 05-23(A) - BRESSI RANCH PLANNING AREA 4 BUSINESS CENTER EXTENSION Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Planned Industrial Permit, application no. PIP 05-23(A), as to its completeness for processing. The items requested from you eariier to make your Planned Industrial Permit, applicafion no. PIP 05-23(A), complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communicafion. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the applicafion, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. At this time, the City asks that you provide three (3) complete sets of the project plans so that the project can continue to be reviewed. Please contact your staff planner, Shelley Esteybar, at (760) 602-4625, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Planning Director DN:SE:lt:sm cc: Gary Barberio, Team Leader Christer Westman, Team Supervisor Clyde Wickham, Project Engineer File Copy Data Entry Tim Carroll, O'Day Consultants, 2710 Loker Avenue, Suite 100 Carisbad, CA 92010-6609 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (A) - BRESSI RAi-JH PLANNING AREA 4 BUSINESS Cw^TER EXTENSION January 24, 2008 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Engineering: Engineering has no comments. Planning: Planning Staff has no comments. ISSUES OF CONCERN Planning: Planning Staff has no issues of concern. Engineering: 1. Storm Water Regulafions are constantly changing. Low Impact Design Standards will soon be required of any project not under construcfion by the end of January 2008. With this in mind the entire site plan should be re-evaluated to incorporate numeric sizing and LID measures prior to final map approval. Engineering Conditions of Approval consistent with this comment are to follow under a separate cover sheet. CITY OF CARLSBAD Pu^NNiNG DEPARTMENT December 17, 2007 To: File From: Corey Funk, Associate Plannet CC: RE: CONDITION #21 OF PIP 05-23 APPROVAL LETTER Condition #21 of the approval letter (dated 5/8/06) for PIP 05-23 Bressi Ranch PA 4 Business Center requires the developer to record an avigation easement for the property. This condition was applied to this project in error and should be removed with the PIP extension permit (PIP 05-23(A)). If any future conditions for this project incorporate the PIP 05-23 conditions by reference, Condition #21 should be excluded from this reference. Citv of Carlsbad Planning Department May 8, 2006 Slough Carlsbad, LLC 400 Oyster Point Blvd., Suite 409 South San Francisco, CA 94080 SUBJECT: PIP 05-23 - BRESSI RANCH PA 4 BUSINESS CENTER TtTe~Gity fias completed a review of the application for a Planned Industrial Permit, for rlcc-lopment located cast of El Canr.irio Pifcd!, south of Palurnar Airport Road, west of El rueiie Street and with access at the future Gateway Road and Colt Place. It is the Planning Director's determination that the project IS consistent with the City's Planned Industrial Zone regulations (Chapter 21.34) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based on the following: Findings: 1. That the site indicated by the Planned Industrial Permit IS adequate in size and shape to accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required by Carisbad Municipal Code Chapter 21.34 in that the project, which includes six proposed two-story office buildings and a parking deck, can fit within the developable area of the lot and all applicable development standards are met. The project is conditioned to complete a lot line adjustment to consolidate Lots 29-32 of the Bressi Ranch Industrial Area and create the developable area required for the proposed use. 2. That the improvements indicated on the Planned Industrial Permit ARE located in such a manner to be related to exisfing and proposed streets and highways in that the project, which includes six proposed two-story office buildings and a parking deck, does not require any additional access other than that already approved for the Bressi Ranch Industrial Area, in accordance with City Engineering Standards. 3. That the improvements as shown on the Planned Industrial Permit ^RE consistent with the intent and purpose .of this zone and all adopted development, design and q3eif(3rrrrarice:3tandanjs=as:set=fi5^^ Bressi Ranch Master Plan in that the project, which includes six proposed two-story office buildings and a parking deck, conforms to the building height, setbacks, lot coverage, and design criteria of the P-M zone and the Bressi Ranch Master Plan. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PIP 05-23 - BRESSI RANO PA 4 BUSINESS CENTER ^ May 8, 2006 Page 2 4. The Planning Director has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan MP 178, a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2) and (e)];and/or b. this project is consistent with the Master Plan cited above; and c. the Bressi Ranch Master Plan Final EIR 98-04 was certified in connection with the prior project or plan; and d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and e". none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Secfions 15162 or 15163 exist; and f The Assistant Planning Director finds that all feasible mitigation measures or project alternatives identified in the EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 5. That the Assistant Planning Director finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, in that the project, which includes six proposed two-story office buildings and a parking deck, conforms to the intent and purpose of the Planned Industrial (P-1) General Plan Land Use Designation. 6. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilifies Management Plan for Zone 17 and all City pubtic facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilifies and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreafional facilifies; libraries; government administrative facilifies; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been condifioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Poflcy No. 17 and will be collected prior to the issuance of a building permit. c. The Local Facilities Management fee for Zone 17 is required by Carisbad Municipal Code Section 21.90.050 and will be collected prior to issuance of a building permit. PIP 05-23 - DRdSSI RANCrTPA 4 BUSINESS CENTER ^ May 8, 2006 Page 3 7. A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. 8. That the project is consistent with the City's Landscape Manual (Carisbad Municipal Code Section 14.128.020 and Landscape Manual Section 16). 9. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record an Avigation Easement. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the project is not within noise contours greater than 65 CNEL as created by airport operations. in That the Planning Director has re>'iewed each of the exactions imposed cn *hs Developer contained in this letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact causeSd by the project. Conditions: Note: Unless othenn/ise specified herein, all conditions shall be satisfied prior to issuance of a grading or building permit, whichever occurs first. 1. Approval is granted for PIP 05-23 as shown on Exhibits "A" - "00", dated May 8, 2006, on file in the Planning Department and incorporated herein by reference. Development shall occur substanfially as shown unless otherwise noted in these condifions. 2. Approval of PIP 05-23 is granted subject to the approval of the ADJ 05-24. and is subject to all conditions contained ir 3. All uses established in this structure shall be consistent with Section 21.34.020 (Permitted Uses). 4. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditipns fail to be so implemented and maintained according to their terms, the City shill have the right to ^•Bvoke or modtfy'afl^provals herein granted; record a noticeof v[olation on the property title; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Planned Industrial Permit . „ ^^-^^ - L.-x.-ww .x.^.,.-., PA 4 BUSINESS CENTER ^ May 8, 2006 Page 4 5. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Industrial Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the fime of building permit issuance. 6. If any condifion for construcfion of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Secfion 66020. If any such condifion is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with a!! requirements cf law. 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carisbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Planned Industrial Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnefic fields or other energy waves or emissions. This obligafion survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 8. Developer shall submit to Planning Department a reproducible 24" x 36," mylar copy of the Master Site Plan and Partial Site Plans refiecfing the conditions approved by the final decision making body. iij 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 10. This project shall comply with all conditions and mitigation measures which are required as part ofthe Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: a. A growth management park fee of 40 cents per square foot of non- residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. 11. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. Pir 05-23 May 8, 2006 Paqe 5 - nriESSl RAr^! PA 4 BUSINESS CENTER Qi 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will confinue to be available until the time of occupancy. 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condifion, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigafion Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 15. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carisbad has issued a Planned Industrial Permit on the real property owned by the Developer. Said Notice of Restricfion shall note the property descripfion, location of the file containing complete project details and all conditions of approval as well as any condifions or restricfions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 16. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carisbad Municipal Code Chapter 21.105. Locafion of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 18. Developer shall submit and obtain Planning Director approval of an exterior lighfing plan including parking areas. All lighting shall be designed to refiect downward and avoid any impacts on adjacent homes or property. This exterior lighting plan shall include a photometric analysis that shows no light glare outside of the property boundaries. 19. Prior to the issuance of grading or building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the Palomar Airport Road Transportafion Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). KIP 05-23- BRESSI R^H^PA 4 BUSINESS CENTER ^ May 8, 2006 Page 6 20. Prior to the issuance of building or grading permits, whichever occurs first, the Developer shall prepare and record a Nofice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meefing the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 21. Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. 22. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 23. Unless otherwise stated, this industrial project shall comply with all applicable City ordinances and requirements. 24. The Developer shall provide a Notice of Proposed Construction or Alteration to the Federal Aviation Administration (FAA) and McCellan-Palomar Airport consistent with the FAA Determination of No Hazard to Air Navigation issued on May 4, 2006 (Aeronautical Study Numbers 2006-AWP-480-OE, -481-OE, -482-OE, - 483-OE, -484-OE, and -485-OE). This notification shall be provided at the time outlined in the above FAA determination and shall identify if the use of construction equipment on the project site will temporarily exceed the maximum height guidelines established by the Determination of No Hazard to Air Navigation. 25. The Developer shall implement and comply with all applicable mitigafion measures required by the Mitigation Monitoring and Reporting Program certified with the Bressi Ranch Master Plan Final EIR 98-04, contained in Planning Commission Resolufion No. 5201. Engineering: Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed site plan, must be met prior to approval of a building permit or grading permit, whichever occurs first. General / 26. Prior to hauling dirt or construcfion materials to or from any proposed construction site within this project. Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 27. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 28. Developer shall install sight distance corridors at all driveway intersections in 05-23 - BRESSI RAN. i PA 4 BUSINESS CENTER wu.-.'\- • ^ . v May 8, 2006 Page 7 accordance with Engineering Standards. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. 29. Developer sfilir'suWnilf app^^ for and receive approval of a Lot Line Adjustment to consolidate the existing legal lots, prior to issuance of a grading perniit, tQ the satisfaction of the City Engineer^ Grading 30. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Nofice of Intention for the start of work has been submitted to the State Water Resources Control Board. 31. Based upon a review of the proposed grading and the grading quantities shown on the . . site olan, a grading permit for this oroiect i<5 rennireri r)fiv<=i':^per shall ^r^'y fc and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Dedications/Improvements 32. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to, water and fire hydrants, to City Standards to the satisfaction of the City Engineer. The improvements are: a) Public water main and fire hydrants. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 33. Developer shall dedicate a public access and utility easement adjacent to Palomar Airport Road near El Fuerte Street as shown on the Site Plan to the satisfaction of the City Engineer. 34. Prior to the issuance of grading permit or building permit, whichever occurs first. Developer shall submit for City approval a "Storm Water Pollution Prevenfion Plan (SWPPP)." The SWPPP shall be in compliance with currenf requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carisbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. include all content as established by the California Regional Water Quality Control Board requirements; PiP 05-25 - BRESSI RAN. . PA 4 BUSINESS CENTER - - • i.-^c iri** - . May 8, 2006 Page 8 b. include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. establish specific procedures for handling spills and roufine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 35. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carisbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Cc^e The SWMP shall address measures to a'.'oid contact er filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that : could be impacted by this project; c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and roufine clean up. Special considerations and effort shall be applied to (RESIDENT/EMPLOYEE) educafion on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and f identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocifies to the maximum extent practicable. Special Conditions 36. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Secfion 18.42 and Secfion 13.10 of the City of Carisbad Municipal Code, respectively. Water 37. Prior to approval of improvement plans. Developer shall meet with the Fire Marshal to determine if fire protecfion measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 38. The Developer shall design and construct public facilifies within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. . „ w.v^^ „..,v...PA4 BUSINESS CENTER S^^^ May 8, 2006 Page 9 At the discretion ofthe District Engineer, wider easements may be required for adequate maintenance, access and/or joint ufility purposes. 39. Prior to issuance of building permits. Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego Countv Water Authoritv capacitv charge(s) prior to issuance of Building Permits. 40. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. 41. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. 42. The Developer shall install potable water services) and meters at a locafion approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 43. The Developer shall install sewer laterals and clean-outs at a locafion approved by the Distric'i Engineer. Tim iocations or sewer lateralb shall be reflected on publio improvement plans. 44. The Developer shall design and construct public water facilifies substantially as shown on the Site Plan to the satisfaction of the District Engineer. Proposed public facilifies shall be reflected on public improvement plans. 45. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. 46. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 47. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the safisfaction of the City Engineer. « 48. "This project is approved uporrthe express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. 49. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PIP 05-23 - BRESSI RKIVC PA 4 BUSINESS CENTER O May 8, 2006 Page 10 50. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 51. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 52. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 53. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Secfion 18.04.320. tf you have any questions, please call Corey Funk at (760) 602-4645. Sincerely, . . . DON NEU Assistant Planning Director DN:CF:bd c: Gary Barberio, Team Leader Glen Van Peski, Project Engineer File Copy Data Entry Tony Sanfilippo, Hofman Planning Associates, 5900 Pasteur Ct., Ste. 150, Carisbad, CA 92008 o Hofman Planning Associates Planning Fiscal Services Environmental March 28,2006 Mr. Corey Funk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: PIP 05-23 - Bressi Ranch PA 4 Business Center Dear Corey: This letter specifically addresses the list of items needed to complete the application and issues of concem identified in the February 17,2006 letter from the City of Carlsbad and provides the following revisions: 1. The FAA determination of no hazard is almost complete, and will follow this resubmittal. The FAA form is included with this submittal. We would like to request this item be placed as a condition on our approval letter which will state that the determination of no hazard must be made prior to the issuance of building permit which has been the case for past approvals. ISSUES OF CONCERN Planning: 1. All rooftop equipment screening is revised per the requirements of the Bressi Ranch Master Plan, and is shown on sheets A4.0 - A4.5 and revised 11 "x 17" reduced colored elevations. The proposed screen will be a continuous storefront window system at the front and rear entry, wdth spandrel glass at rooftop level. The east and west side of the screen will match the tilt-up panel color and reveals. 5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760) 438-1465 • Fax: (760) 438-2443 2. The building elevations are enhanced further with more architectural detail facing Palomar Airport Road and the mass of the building is broken up by a potential secondary entry at the rear of the building. We've increased the level of glass features along Palomar Airport Road and El Fuerte to enhance the articulation of the buildings facing public access streets. See sheets A4.0 - A4.5 and revised H"xl7" reduced elevations. 3. The exterior parking structure panels are improved with additional reveals and the horizontal plane is interrupted with a rhythm of column extensions. See sheets A4.6, A4.7 and enlarged panel detail on sheet A4.8 4. The 12' light post located in the parking structure is consistent with the Bressi Ranch Master Plan. The maximum distance from top of light to the ground will be 23'6". The Master Plan allows 25'. The lights will be shielded to minimize glare toward Palomar Airport Road. Sheet A 1.3 also shows that the top of the light post is lower in elevation than PAR. 5. The materials and colors that will be used on the proposed buildings are keynoted on the revised color board for clarification. 6. Landscape notes on Sheet A 1.0 and landscape plans are revised to read "exclusive of setbacks". 7. The maximum elevation and height of the parking deck is shovm on detail #3 of sheet A4.8. See civil plans for maximum surface elevations. 8. A lighting plan will be submitted with the construction drawings which will satisfy the future condition of approval required prior to issuance of building permits. 9. Refuse containers vsdll be consistent with the building materials per General Note 7 on sheet Al.O. 10. The central corridor between buildings A-C and D-E will be treated with colored concrete. See the legend on sheet Al .0. 11. The palm trees in the cenfral corridor between buildings A-C and D-E do not encroach into the required square footage of the parking stall. All parking stalls are scaled to the City's parking space requirements. A detail of the tree grate is shown on the landscape plans. 12. The Data is consistent with the number of parking stalls (196) on the upper parking deck. The plan is revised to clarify the pedesfrian pathway, which may have been mistaken for a parking stall. Engineering: 1. The lot line consolidation shall be a condition of approval and will be processed prior to issuance of building permits. 2. The line of sight is consistent with CalTrans and the City's engineering standards. No plant over 36" will be placed within the line of sight. See civil and landscape sheets 3. The truck tuming exhibit has been revised and is consistent with CalTrans 407 E standards. There are no angle points and sharp radii. See civil sheets. 4. The SWMP (Stormwater Management Plan) and Hydrology Study is signed and sealed. 5. All redlined comments are addressed. The ovmer and engineer will sign the PIP prior to preparation of the conditions. Please contact me should you have any questions at (760) 438-1465. Thank you, Tony Sanfilippo Senior Planner CJ 6L City of Carlsbad Planning Department February 17, 2005 Slough Carisbad, LLC 400 Oyster Point Blvd., Suite 409 South San Francisco, CA 94080 SUBJECT: PIP 05-23 - BRESSI RANCH PA 4 BUSINESS CENTER Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Planned Industrial Permit, applicafion no. PIP 05-23, as to its completeness for processing. All of the items requested of you eariier have not been received and therefore your application is still deemed incomplete. Listed below are the item(s) still needed in order to deem your application as complete. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your applicafion can occur unfil the application is determined to be complete. When all required materials are submitted the City has 30 days to make a determination of completeness. If the applicafion is determined to be complete, processing for a decision on the applicafion will be inifiated. In addifion, please note that you have six months from the date the application was initially filed, November 17, 2005, to either resubmit the application or submit the required informafion. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Corey Funk, at (760) 602-4645, if you have any quesfions or wish to set up a meeting to discuss the applicafion. Sincerely, DON NEU Assistant Planning Director DN:CF:aw c: Gary Barberio, Team Leader Glen Van Peski, Project Engineer File Copyiix'— Data Entry Tony Sanfilippo, Hofman Planning Associates, 5900 Pasteur Ct., Ste. 150, Carisbad, CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PIP 05-23 - BRESSI RANSIH PA 4 BUSINESS CENTER February 17, 2005 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. It is understood that the FAA Determinafion of No Hazard to Air Navigafion (FAA Part 77 form) is in process. Please include the Part 77 form with the next submittal. ISSUES OF CONCERN Planning: 1. The proposed rooftop mechanical equipment screening will be highly visible from Palomar Airport Road and does not comply with the Bressi Ranch Master Plan requirements (page VII-15). Screening should be better integrated into the overall building mass. Another option maybe ground mounted equipment. (2"" Request) 2. Staff considers the proposed building elevations to lack the articulation necessary to comply with the intent of the architectural guidelines of the Bressi Ranch Master Plan (BRMP). According to the BRMP (pg. VII-15), elevafions facing streets should receive attentions to detailing. Of particular concern are the elevations facing Palomar Airport Road. The elevations facing the street should provide a similar level of architectural detailing as the building entrances. This could be achieved through substanfial massing and plane changes, increased use of glass projections and recesses, architectural detailing such as metal trellises and cornices, or increased materials or texture variafion. 3. The exterior wall on the upper level of the parking deck should be enhanced to closely match the buildings. Page Vli-11 and Vll-15 of the BRMP discourages long expanses of uninterrupted or blank walls, especially along street frontages. Other options to enhance the exterior wall are architectural treatments such as offset surfaces, texture change, reveals, wall openings or posts. . 4. Staff is concerned that the 12-foot tall light standards will be highly visible from Palomar Airport Road. Please use bollard or wall mounted lighting for the upper level of the parking deck. 5. Clarify the materials used on the color board and elevations. What appears to be window or glass on the elevation has a note stating that it is a silver "storefront" material. 6. The landscape plan shows the percent of landscape provided within the setbacks; however, the P-M Zone (Sec. 21.34.070(F)) requires 10% of the parking area to be landscaped, exclusive of setbacks. Please include the percent of landscaping provided outside ofthe setbacks in the landscape data. 7. Provide the maximum elevafion and height of the parking deck. This should be in addition to the finished surface elevafion ofthe upper level. 8. Though it appears the height and type of the parking area light standards will conceptually meet the requirements of the Bressi Ranch Master Plan, be advised that the project will be condifioned to submit a lighting plan, to be approved by the Planning Q PIP 05-23 - BRESSI RANCH PA 4 BUSINESS CENTER February 17, 2005 Page 3 Director. This plan should provide a photometric analysis demonstrating that no light glare will spill off of the site and impact the adjacent residenfial area. 9. Add a note describing the materials of the refuse containers. The material should match the main buildings to the extent possible. 10. Will the central corridor between Buildings A-C and D-E have colored or textured paving as shown on the color site pian rendering? Please add a note stafing this to the site plan. 11. The palm trees in the central corridor between Buildings A-C and D-E should be moved to an existing planting area so they do not encroach parking stalls. 12. Please clarify the number of parking spaces on the upper parking deck. The parking data shows 196 spaces, but the plan numbering sequence shows 197 spaces. Engineering: The Engineering Department has completed our review of the above-referenced project for application completeness and has determined that the applicafion and plans submitted for this project are complete and suitable for review. Engineering issues which need to be resolved or adequately addressed prior to scheduling of this project for a hearing are as follows. 1. Project will be condifioned to consolidate the exisfing lots through a lot line adjustment. 2. Correct the line-of-sight shown on the tentative map. Coordinate with landscape architect so there are no plant materials within sight distance corridors that would inhibit CalTrans sight distance. 3. Redo truck turning exhibit so it conforms to CalTrans 407E. Existing truck paths have angle points and sharp radii. 4. Sign and seal the SWMP and hydrology study. 5. See redlined check prints for other minor comments. Prior to preparation of conditions, submit a set of prints of the tentative map that is signed by both the owner and the engineer of work. Attached are redlined check prints of the Site Plan package, the Storm Water Mitigation Plan, and the Hydrology Study for the applicant's use. The applicant must return these check prints with the revised plans to assist staff in our continued review. Hofman Planning Associates Planning Fiscal Services Environmental January 18, 2006 Mr. Corey Funk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: PIP 05-23 - Bressi Ranch PA 4 Business Center Dear Corey: This letter specifically addresses the list of items needed to complete the application and issues of concem identified in the December 16,2005 letter from the City of Carlsbad and provides the following revisions: ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. An application for the lot line consolidation will be submitted subsequent to the approval of the PIP. 2. Form 7460 has been filed with the FAA to obtain a Determination of no Hazard. 3. A project description is included with the resubmittal. 4. A color board is included with the resubmittal. 5. There are no building uses that will result in the presence of acutely hazardous materials, compressed flammable gases in excess of 1500 pounds, etc. See General Note on sheet Tl. 1. 6. APN's are shovm on sheet Tl. 1. 7. The percent of building coverage is shovm on sheet Al.O and Al. 1. 5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760) 438-1465 • Fox: (760) 438-2443 o Engineering: 1. Tmck tuming radius using CalTrans 407E standards are shovm on sheet Al .0 and attached civil "Tmck Turning Radius Exhibit". 2. All setbacks comply with the Bressi Ranch Master Plan and PM Zoning Ordinance and are shown on sheets A 1.1, A 1.2 and civil sheets 2-8. 3. Widths, centerline radii and grades for adjacent streets are labeled on civil sheets. 4. Drive aisle widths and typical parking lot spaces are dimensioned on sheets Al. 1, A1.2 and civil sheets 3-8. 5. All existing and proposed public and private easements are shovm on civil sheets. Many are shovm by numbers that correspond to the "Easement Table" on sheet 2. 6. All existing and proposed utility easements are shown on the landscape plans. There are no trees located within public easements. 7. A note that grass swales are consistent with civil plan and Storm Water Management Plan (SWMP) is shovm on sheet Ll.O. 8. The eastbound right tum lane from PAR onto El Fuerte is shovm on civil sheet 8. ISSUES OF CONCERN Planning: 1. The landscape design is amended with the addition of contour berming along Colt Place to buffer in conjunction with proposed screening/planting. The proposed slope along Gateway road will provide a sufficient grade change to help buffer the site. Notes added to landscape plan to reflect change. 2. Enhanced paving added to entry areas and note added to plan. Proposed accent trees annotated with note about delineating entry. 3. The type and height of lighting to be used on the top level of the parking stmcture is shovm on sheet Al .0. See Conceptual Site Lighting notes attached to this response letter for clarification). 4. Trash enclosures for BIdg A, B & C was relocated south of the Parking stmcture. See Sheet Al .0, Al. 1 and Al .2. See Landscape drawings for trash enclosure screening. 5. The recommendation to integrate Mechanical equipment screen into the overall building mass, suggests that the material be consistent with the concrete tilt-up panels. The resulting effect will increase the perceived bulkiness of the massing by missing the opportunity to change materials and create a visually lightweight loggia. An additional benefit of changing the material to metal would be to complement the painted metal surfaces used elsewhere on the miscellaneous application of break metal. The perforations to the screens not only reduce the wind load but also provide additional interest to the top of the building. See Exhibit Al, A2, A3, A4 and Colored Elevations (see attached design rationale for fiirther explanation). 6. Landscape diamonds added to increase screening/buffering on the northem side of Buildings A-C. 7. The northem elevations of Building A-C have been articulated with the same reveals in the tilt up concrete panel as elsewhere. Constmction joints form a subtle graphic pattem of verticals and horizontals and the base course is textured. A single bay is projected 4' beyond the main building line and fully glazed to match the window system and entry expression. Secondary exits are treated similarly. The comer of Building F is framed by both these conditions to visually anchor the intersection. The liberal use of landscape immediately in front of the buildings add an additional layer of interest and soften the overall building mass from Palomar Airport Road. See Exhibit Al, A2, A3, A4 and Colored Elevations (refer to attached design rationale). 8. The existing land use is revised and shovm on sheet Tl. 1 and Al .0. 9. The distance between Buildings E and F is shovm on sheet Al. 1 10. Side and rear elevations for the parking garage are shovm on sheets A4.7 and A4.8. 11. All access ways and pathways with dimensions are shovm on sheet Al. 1 and A1.2. 12. Paving proposed for walkways (medium broom finish concrete, typ.) and amenity areas (enhanced colored concrete, typ.) is shovm on sheet Ll.O. 13. Parking overhang is shovm on sheet A1.1 and A1.2. 14. The site plan shows revised parking data per the changes in sfriping and trash enclosure relocation on sheets Al .0 and ALL The total number of standard site parking stalls is 975 (584 with an additional 391 stalls in the parking stmcture). 15. Dimensions are shovm on architectural site plans, sheet ALL Landscape islands comply with minimum dimensions of Landscape Manual Policy A, 3-2.4. 16. A dimension is added to sheet ALI with a 6' clear area within double rows of parking. 17. Distances between intersections and medium/high use driveways are shown on civil sheets. 18. Please see Conceptual Site Lighting notes on sheet Al.O 19. The roof is a flat built-up roof with parapet. See roof plans on sheets A3.0 - A3.5 for added ridge elevations. 20. The 45-0" maximum height ordinance per section 21.04.065 of the CMC is shovm on sheets A4.0-A4.5. 21. Monument signs are located as shovm on sheet Al.0 and ALL The conceptual location of Building signage is shown on all elevations sheets A4.0 -A4.5. All building and monument signs shall comply with City of Carlsbad Municipal Code Chapter 21.41 Sign Ordinance as shovm in General Note 10 on sheet Al.O. 22. Site keyplan for all building exterior elevations with dimensions is shown on sheets A4.0-A4.8 23. Compliance for one tree per every four (4) parking stalls per Carlsbad Landscape Manual policy is shovm on the landscape and architect plans. 24. The total landscape percentage is shovm on the project data. 25. Approximate quantities of shmb materials are shovm on the landscape plan. The calculation is preliminary and reflects median size and spacing for groundcover and shmbs. 26. Landscape maintenance will be provided by ovmer under contract wdth a private maintenance contract and with qualified landscape company as indicated by a note on the landscape plan. 27. Bicycle racks are added to the site materials legend. Engineering: 1. An application for the lot line consolidation will be submitted subsequent to the approval of the PIP. 2. GS-20 driveways are shovm on civil sheets 3,4 and 6. 3. The SWMP and hydrology calculation are revised per City redline comments. 4. BMP's are shovm on civil sheets 3-8. 5. All redlined comments are addressed. Fire: 1. All buildings in excess of fifty-two thousand square feet will contain two automatic sprinkler risers. A note is added to sheet Tl. 1. 2. The parking garage is open. See Occupancy note on sheet Tl. 1. 3. The parking stmcture is S-4 and it is an open parking garage. See Occupancy note on sheet Tl.l. 4. The parking stmcture contains fire sprinklers as noted on sheet Tl.l. 5. An extra set of stairs was added along gridline J on the parking stmcture to comply with the travel distance. All other buildings comply with Code exiting requirements. 6. See Fire note on sheet Tl.l. 7. The mechanical enclosure shown on A1.3 is for building B. There is no mechanical enclosure on the parking stmcture. Please contact me should you have any questions at (760) 438-1465. Thank you, Tonv Sanfilippov---.. Tony Sanfilipp Senior Planner * • • Pagel 1/12/2006 Slough Estates, USA BRESSI RANCH PA-04 DESIGN RATIONAL The PA-04 site consists of 6 two-storey buildings ranging from 45,000 to 56,000 square feet. The masterplan is conceived as a campus orientated around a central 'green' of landscape. The exterior building materials are predominately filt-up concrete panels with the intermittent use of curtain wall glazing. The individual panels are based on a combination of construcfion economics and an office module. The configurafion allows for the maximum ratio of window to wall possible with this system. Construction joints form a subtle graphic pattern of verticals and horizontals and the base course is textured. The entrance and significant comers are glazed to allow views in and out and erode the building mass. Set backs of secondary entrances and bays provide additional articulation. The window frames are anodized aluminum to match the curtain wall and set back into the panel to create a shadow line. The entrances are denoted with a flat roof canopy. The architectural wall used to mask the mechanical equipment is designed with peri'orated metal painted to match the metal fascias and glazed curtain walls. This material consciously contrasts with the tilt-up panel by accentuafing the metal color in the featured glass walls and canopies. It also reduces the perceived height of the building by setting back the wall no less than 30 feet from the building parapet. McGraw/Baldwin Architects 701 B street #200 San Diego CA 92101 Architecture Planning Interiors 619.231.0751 ^ FILE COPY City of Carlsbad Planning Department December 16, 2005 Slough Carisbad, LLC 400 Oyster Point Blvd., Suite 409 South San Francisco, CA 94080 SUBJECT: PIP 05-23 - BRESSI RANCH PA 4 BUSINESS CENTER Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Planned Industrial Permit, application no. PIP 05-23, as to its completeness for processing. The applicafion is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the applicafion will be initiated. In addition, please note that you have six months from the date the application was initially filed, November 17, 2005, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Corey Funk, at (760) 602-4645, if you have any questions or wish to set up a meeting to discuss the application. lipcerely DON NEU Assistant Planning Director DN:CF:aw c: Gary Barberio, Team Leader Glen Van Peski, Project Engineer File Copy Data Entry Tony Sanfilippo, Hofman Planning Associates, 5900 Pasteur Ct., Ste. 150, Carisbad, CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us I ^lg^-2^-^^SSI RAf^ PA 4 BUSINESS CENTER Paae 2 UST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Please submit an application for a lot consolidation to the City of Carisbad Engineering Department. As noted in site plan Keynote #10 (sheet A1.1), the intent is to remove these lot lines through a lot consolidafion. A Planned Industrial Permit is applicable only to projects on individual lots (rather than multiple lots) located within the Planned Industrial (P-M) Zone. Therefore, in order to proceed with PIP 05-23 as it has been proposed, the PIP application must be accompanied by an applicafion for a lot consolidation. 2. Please submit an aeronautical study demonstrafing that the proposed project has obtained an FAA Determination of No Hazard to Air Navigation (FAA Part 77 Form). 3. Submit a completed "Project Description/Explanation" sheet. 4. Provide a color board for the project. 5. Disclose any building uses that will result in the presence of Acutely Hazardous Materials, Compressed Flammable Gases in excess of 1,500 pounds. Flammable Liquids in excess of 10,000 gallons. Hazardous Materials in excess of 500 pounds or 55 gallons, or compressed gas in excess of 200 cubic feet. 6. Please provide the assessor's parcel numbers for all parcels shown. 7. Provide the percent of building coverage. Engineering: 1. Provide truck turning movement exhibit. Use the template for a Caltrans 407E vehicle per City standards. 2. Show building setbacks from property lines. 3. Label widths, centeriine radii and grades (in percent slope) for adjacent streets. 4. Dimension drive aisle widths and typical parking lot spaces. 5. Show and cleariy/fully label all existing and proposed, public and private easements. 6. Preliminary landscape plan needs to show all existing and proposed utility easements, and show no trees within any public easements. 7. Landscape plan must refiect the grass swales shown on the grading plan and in the Storm Water Mitigation Plan. 8. Show the eastbound right turn lane from Palomar Airport Road onto El Fuerte Street to be built by others. CJ ^NWI PIP 05-23 - BRESSI RANOT PA 4 BUSINESS CENTER December 16, 2005 Page 3 ISSUES OF CONCERN Planning: 1. The Industrial/Office and Planning Area 4 design criteria of the Bressi Ranch Master Plan (pages VI1-3 and VI1-31) establishes a requirement for special attention to a landscape buffer that will obscure views of industrial parking areas from the street and the residential area to the southwest. The buffer should utilize a hedge, berm or combination. Provide details of this landscape buffer along Gateway Road and Colt Place. 2. The Bressi Ranch Master Plan (page VI1-7 and VI1-8) requires special treatments for industrial/commercial site entries, such as enhanced pavement, accent trees or other landscape features, and monumentation. The details of such features must be shown on the site plan and landscape plans. 3. Show the type and height of lighting to be used on the top level of the parking garage. This lighting should be limited in height and minimize glare toward the Palomar Airport Road. Staff recommends using bollard, wall mounted, or low level lighting, instead of typical-height light standards (see page VII-8 of the Bressi Ranch Master Plan for lighfing details). 4. The proposed refuse containers will be highly visible from the public roadways, in particular, the containers next to buildings A - D. These must be located in alternative locations, otherwise screening details must be provided that include proposed decorative materials to match the buildings (Bressi Ranch Master Plan, page VII-13). 5. The proposed rooftop mechanical equipment screening will be highly visible from Palomar Airport Road and does not comply with the Bressi Ranch Master Plan requirements (page VII-15). Screening should be better integrated into the overall building mass. Another option may be ground mounted equipment 6. Views of the northern side of Buildings A-C should be enhanced by adding additional landscape screening, such as landscape diamonds. 7. Views of the buildings should be enhanced in several areas by providing additional architectural details, such as increased use of reveals, aluminum storefront, recessions or projections, trellis features, or windows. The views include: a. northern side of Buildings A-C, which should have increased detailing similar to the entry side ofthe building. b. The corner view of Building F. 8. The existing land use should be stated as vacant or vacant industrial. 9. Provide the distance dimension between Buildings E and F. 10. Please provide side and rear elevations for the parking garage. 11. Cleariy label and provide typical dimensions of all accessways and pathways as required for compliance with Title 24. PIP 05-23 - BRESSI RAN^ PA 4 BUSINESS CENTER ^ December 16, 2005 Page 4 12. Please identify the type of paving used in the walkways and circular amenity areas/ employee eating areas. 13. Please label the parking overhangs on the site plan. 14. Clarify the number of standard pari<ing spaces. The site plan does not match the project data table (587 spaces are shown on the site plan). 15. Please dimension the interior and end landscape islands, and ensure they meet the minimum dimension requirements in Appendix E-1 of the City of Carisbad Landscape Manual. 16. Please dimension the landscape islands between double rows of pari<ing, and ensure they meet the 4-foot minimum dimension clear of pari<ing overhangs (Landscape Manual Policy A.3-2.4) 17. Please provide the distance between all intersections and medium/high use driveways. 18. How will lighting generally be addressed on the site? Care should be taken to minimize lighting glare on the southwest corner of the lot near the existing residential area, avoiding typical-height light standards to the extent possible. 19. Please label the height of the roof ridgeline on the elevations and the roof plans. 20. Please indicate on the elevations compliance with Carisbad Height Ordinance 21.04.065. 21. Please provide the location and size of proposed sign panels and monuments. 22. Please add a site keyplan for all building exterior elevafion sheets. 23. Demonstrate compliance with City of Carisbad Landscape Manual Policy A.3-2.1, which requires one tree to be planted for every four parking spaces. 24. Please add total site landscaping percent to the project data. 25. Please add the plant quantities to the landscape plans. 26. Will the landscape maintenance responsibility for the site be private or common? 27. Consider adding bike racks as a site accessory. Engineering: 1. How is the necessary lot consolidation to be accomplished? No application has been submitted. 2. Use GS-20 driveways. 3. Address comments in the SWMP and hydrology calculations. PIP 05-23 - BRESSI RANcfi PA 4 BUSINESS CENTER December 16, 2005 Page 5 4. Show BMPs on the site plan (i.e. filter inserts, inlet stenciling, etc.) by notes and or labeling as "typical". 5. See redlined check prints for other comments. Attached are redlined check prints of the Site Plan package, the Storm Water Mitigation Plan, and the Hydrology Study for the applicant's use. The applicant must return these check prints with the revised plans to assist staff in our continued review. If you have any questions, call me at 720-0500 or email me at gvanp@ci.carlsbad.ca.us. Fire: Fire Department has completed their review of this application and would submit the following comments: 1. Buildings in excess of Fifty-two thousand square feet shall require two- automafic fire sprinkler risers. This item is mentioned so that the necessary accommodations maybe made sooner than later. 2. Question, is the Parking Garage open or enclosed by building code definition? 3. Are you declaring this structure an S-1 or S-3 Occupancy? 4. Is the parking structure to be fire sprinkled? 5. The travel distance between the proposed exit/access stairs shall not exceed Two- hundred lineal feet for un-sprinkled and Two-hundred-fifty feet for sprinkled buildings. 6. Provide a separate fire sprinkler riser room in each building that is accessible from the exterior, this room may also contain other utilities e.g. Telephone/communication equipment. 7. Sheet A1.3 indicates a mechanical enclosure on the parking structure, consult the CBC on Mechanical spaces on roofs of parking structures and provide to us the code section that permits said use.