HomeMy WebLinkAboutPUD 15-09; Shea Industrial Bressi Ranch; Planned Unit Development - Non-Residential (PUD) (3)4
CITY or
CARLSBAD
UND USE REVIEW
APPLICATION
P-1
Develo ameht Services
Manning Division
1635 hnd«y Avenus
(750) 602-4610
mtM.arUb»ia.tov
APPUCAIIONS APfUEO FOR: (CHECK BOXES)
HnHmiintPmlti
• Adnlnfimthw Permit
• OMtUIDovwIopimnf Pttmitt(') DiMtnor
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• RMldanMI [ZlNon-R«ild«n!l8l
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Q Ptonnln0 Commftilon D«tomifn«Uon
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(FOR neW.UK OHLY) LtgalMOfaPMHHa
• ociwralPlinAnwndniant
D Local Conalal Proeram Amandmmt C)
n MastarPlan OAmandmaat
Q spaoinePMn QAmandmsnt
a Zens ChinBa (*)
Q Zona Cod* Amtndmint
(TOR DEPT. tiaecHiV)
South CtrltbadCottM/ttvltwAna Paraite
O RavlawP«mR
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• AdmlnMradva OMImir OM^r
0 e otiglblo for iB% diaaouni
MjnBt A MteaoffB raawOT Raeumiite MUi.mc APPUCATIONI tmr ae eUBUimo PRIOR xoMtrM. A raoposeo Moiaor nmarnvto ONLY OW
WttOATlOW amyBai^WMTWOPyilOBTO^lW fM.
ASSESSOR PARCEL N0(8).; APN2i3-281 -16-00
PROJECTNAME: Shee Industrial - Braaai Ranch Lots 19-22
BRIEP DESCRIPTION OF PROJECT: 2 ^i^oulatlue |il0h-l>i8y Industrial buildings wfth aurfaoe paridng on an 8.28«c(« lot
BRIEF LEQAL DESCRIPTION: PyoalAQfCartgbRda<jua(mantt^AOJOe-1Q.8ra«alRa(H>h.«ci»nilngtodoeuinant
no. 2007'-0£lie922, fllad in fian Dlego County, September 21, 2007.
LOCATION OF PROJECT:
ON THE;
BEiWEEN Gateway Rd.
West
(NORTH, SOUTH. EAST, WEST)
6131 Innovation Way
STREET ADDRESS
SIDE OF Innovation Way
(NAME OF STREET)
(NAME OF STREET]
/\fjo PalonfiBf Airport Road
(NAME OF STREET)
P-l p*9« 1 ore Revlia011/12
^3
OWNER NAME (Pfim): 8lei»r Place, LP
\fm. CA92091
MAIUNG ADDRESS: IgOO ThIbOdO Rd. #320
CITT. STAT^ aP: "•*~-~^——•
TELEPHONE
EMAIL ADDRESS:
760-477-1167
APPUCANT NAME (pilnO: 8 P AoquteHlpn LLC
MAILING AODRESS: 130 Vantll WllteaX)
CITY. STATE. ZIP: Alteo Vltjo, CA 92856
849-389-TOOO
EMAILADDRESS:
^ —
l.TM6yW0VE.N<ORMAtlON IB IMje/WO OIMRSOTTO ICER7JFY'9MTIAMTH6UEaiU.» ^
AND rmnrkmkmsiitim<mKttm isi
/fPLlCANTS REPRESENTATIVE (Pitirt): SmHh ContuMnQ Ar<a<tecte, Petar Ba«Mt
MAILING ADDRESS: 13280 EvanlnQ Creak Dr. Soufli. Sta. 126
CITY. STATE, ZIP:
TELEPHONE:
EMAILADDRESS:
san Dlego. CA 92138
BB8-7B3-4777
pettriii<feK»-«d.oom
I CERTtfY THAT I AM THE LEGAL REPRESeNTAnVE OF THE APPLICANT AND THAT ALL THE ABOVE MPQSMATION IS TRUE AND
THEflesrflPMv _
' ' "l3
IN THE PROCESS OF REVIEWINO THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF OTY STAFF. PLANMNQ
COMMI8SK5MERS OR CriY COUNCIL MEMBERS TO INSPECT ANO ENTBl THE PROPERTY THAT IS THE SUBJECT OF THIS
APPUCATION. WVE CONSENT TO ENTRY FOR 1^ PURPOSE.
NOTICE OP RESTRICTIONS PROPERTY
RECORPf D ON THE riTLE TO HIS m
jrHCl^ AND BIND ANy«^CCeB8(l|
pemvoWNER
„. ACKNOWUEOGES AND CONSENTS TO A NOTICE OF RESTRICTION BEINO
IF CONDITIONED POR THE APPUCANT. NOTICE OP RESTRICTIONS RUN WITH
EST.
FOR CITY USE ONLY
APR 1 7 2015
CITY OF C/^i.t,',.l^^D
PLANNING DiVioiON
DATE STAMP APPUCATION reCEIVEO
RECEIVED SY:
p-1 Pag«Zof6 Revbad linz
DISCLOSURE f?mioemm smi*ffi^
^ CITY Ot STATEMENT Planning Oivlilon
^ CITY Ot p. 1(A) 1635 Faraday AvMtue
CARLSBAD p. 1(A) (760)602-4610
www.cartobad(a«ov
Applicant's sfstement or disclosure of certain ownersiiip interests on all applications whicti wilt
reciulie dttoretlonary aoilon on tha part ofthe CKy Council or any appointed Board. Commission or committee.
The foUowing infonnation XflUBI be disolosed at the time of appttoatlon submittai. Your projeot
cannot bs ravbwed until thia Intbnnation la completed. Please print.
Nota:
Peraon is dsOoed •« 'Any Individual, iirm, oo-partnenMp, Joint venture, auodsOon, social cM>, fralemoi oiBanlteflon, oniporalton, estate, tmat, receh/ar, ayndicale, In this end any other county, oity and county, nwnidpafiiy, lAstrlot or olher polincal auiidlvlslon or any oltiar group or combination eoting as a unH,"
Agionta may etgn this document; howavar, tlie legal name and entity o( tin appKcsnt and proparty wner mustfos provided below.
1. APPLICANT (Not the appllcanfaadent)
Provida (he COHflPLETE. LEQAL names end addresses of AUi persons having a
financial Interest in the appiication. IF the applicant includes a porocraHon or oartnersKilp.
Include the names. Cities, addresses of all Individuals owning more than 10% of the
shares. F NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICAXe NON-APPLICABLE (WA) IN THE SPACE BELOW. If a oubUchf-owned
corporation, includa flie names. tlOea, and addresses of fiie corporate oflioers. (A
seperate page may be aftaohed if necessary,)
Pewon COfp/Pad ^ P Acquisition LLC
Titis Titl^
Address Address ^3O y&r^tis eulte 200
Aliso Vi*jo, CA 92656
2. OWNER (Not the ouvnsr's agent)
ProvWe tfie fflaMPUTfe UEflAL Mmss snd addresses of Aii peisons hswuia «ny (AvnereH^ Interast In tte indperty Inv^red. Also, provide the nature of the legil owners!^ (i.e., parfaiersii^, tenahhi fai common, non-profit, cotponitiDn. el«L). if the ownershb Moiudes « Qoroawitbn or parigpfajifB. include the names, titles, addnsasea of
atl Indlvlduats owning mom than 10% of the ahnrn. IF NO lNDIViDUAtj6 OWN HilORE
THAN lOVa OF THE SMARES, PLEASE INDTGAtE NON-AF^LICABLE (UlA) IN THE
SPACE BELOW. If a Btij^-owned oaiipBratton. bioiude the names, titles, and
addresses ofthe corporete officers. (A separate page may be attached If necessary.)
Peraon tW/A) CtmUP^ Slater Place, LP
Tltie_^ THiB
vista, CA 9209X
Addraaa Addrftas 1800 Thibodo Rd. #300 j
P-1(A) P40«1or2 R«Ma«d 07/10
:3. M0N4>ROFttOlRQANIZATIQNORTftUST
If any person Identifled pursuant lo Ci) or (2) sbove i; a nonpitm aBiBntqdieH oi: ^ tniaf.
list the names and addresses of ANY person setvlng «s en dlie«r 6rilitiek)tof of^l^ npn-
profit oiganizBtfoh or as tnistee or beneflolary 6f the.
Non ProfltnYUs( Non f^ro(lt^ni8t____
T|fct_ TTIIe -
Address Mikew .
4. Have you had more than $500 worth of business transacted with any msmber df City
s(srf. Boards, Commissions. CommHtees and/or Council wKhln ihe past twelve (12)
flfiohths?
[ I Yes _£ No if yes, please Indicate per«on(s):.
NOTiE; Attach additional stteets ifn^MSsary.
I oerttfifjwt Idi the above Informt^^me and correct to the best of mv Icnowtet^
lure df owner/date *^ ^^/S//:^
Print or typa name of owner's Jiep Print or type name of ap^loant' o Rep
$l{mfitu>» of OwnSrMppIioahra BjEpaiMaF^ 61{mfitu>» of OwnSrMppIioahra apaiM^a
Peter Buaeett / .Smith Consulting Arehlteeto
Print or type na.me of owner/applicant's agent
P-1(A) Paae 2012 Revls6(t07/1Q
A PROJECT Development Services
«< DESCRIPTION ~~ Planning Division
^ CITY or P 1/R\ 1635 Faraday Avenue
TAR I <^RAn (760)6024610
V-.r^l \ L. Ju/r^L-/ www.carlsbadca.eov
PROJECTNAME: Shea Industrial - Bressi Ranch Lots 19-22
APPLICANTNAME: S P Acquisition LLC
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background Information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet If necessary.
Description/Explanation:
The project consists of (2) identical 57,288 aquare foot speculative high-bay
industrial buildings with surface parking, landscaping and outdoor lunch patios on
an 8.29 acre lot. Each butldincf is divisible for up to two tenants and includes
a 2,506 square feet mMianiine, (4) loading dock doors and (3)grade level loading doors.
Piinned uses include nenui^actuiring, Rtb and accessory office space.
Parking is provided at a blended rate of 2.9 sp/1000 sq.ft.
Lots 19-22 were mass-graded per approvad Bressi Ranch Pinal Map CT02-15 and are
located south of Palomar Airport Rd. and east of El Caraino Real in the Bressi
Ranch Ma.ster Plan Planning Area 3. The proposed site layout, building uses and
floor areas comply with the Bressi Ranch Maater Plan MP 178, and any impacts will
not exceed those already anticipated by the EIR approved for the Maater Plan(EIR 98-04.)
The project reqaires approval of a Site Development Plan-Minor,Non-residential Planned
Development Permit and Tentative Parcel Map.
Environmental compliance is established by way of EIR 98-04, which is on file tn
the City of Carlsbad Planning Dept. The project is in conformance with PI General
Plan Designation, the P-M Zoning Ordinance and the Bressi Ranch Master Plan.
P-1(a) Paje 1 ot 1 Revised 07/10
^ CITV OF
CARLSBAD
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Develooment Servlees
Planning Division
1635 Farsday Avenue
(760)602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Rotated to Hazanlous Wastes
(Certiflcalion of Compiisnce wtth Qovemment Code Section 66982.6)
Pursuant to State of Callfdmla Govemment Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites Ust complied by the Caiifomla Environmental
Protection Agency and hereby certliy that (checic one):
m The development project and any alternatives proposed In this application ars not contained on the
lists compiled pursuant to Seclion 65962,6 of tlia State Government Code.
Q The development project end any eRernatlves proposed In this appllcalion stS, contained on ihe llsis
complied pursuantto Section 6S962.5 of fhe Siate Govemment Code.
APPLICANT
i4eme; ^ ' AaqulBltlan tte Ndme:
PROPERTY OWNB^
. Slater place, LP
Address: yuntiii suit« 200 Address:. IIOO Thibodo Dd. tim
Alias Vlmio, CA BlCiG vists, CA aiosi
Phone Number:. Phone Number
Address of stei 6^31 Innovation Way
Local Agency (City and Countyi! Carlebad, County of San Piego
AsaesBor's book, page, and parcel ntoAar: 213-251-16-00
Specify lM(8)U2Z^^ •
Regulatory Idsntlflcatlon Numben
Date of i^t: ^/^
Owner SlgmtfurenMld
The Hazardous Waste and Substances Sites List (Cortese List) is used by tha State, local
agencies and developers to comply wilh the Califomia Environmental Quality Act requirements
In providing Information about the location of hazardous materials release sites.
P-1(C) Paae 1 orz RSVlBad 02/13
p-i(:p)
/ / (TobeComplfl*edbyApp«cant)
ENVn^ONMENTAL (NFORMATION FORM
Application Number{e):
General informaiion
1. Nameofprejeci: Shea industrial - Bressi Ranch Lots 19-22
2, Name of developer orptojecf sponsor: S P Acquis ition LLC
Address: 1^0^antis, suite 200
City,Stale.Zlji Code: Alieo Viejo, CA 92656
Phone Number: ^9-M9-ltO0
Pj^ter .Buesett,
3. NarftS of pertcin to be cdritaoted conterrilhg this projecl: Smith Conoultin? Ayeh.j tw«h.^
Address: 3.-326Q Evening Creeli: Dr. South, guite 125
City, State,Zip Code: San Pi.ego, CA., 92U8
Phone Number: 858-7.93-4777
4, Address of Proiect: 6131 JtmovatioR Way
Assessor's Parcel Nunber: '^^3 -a$l-16-po
List end descHtte -^y oth^ r^ati^ peitntts and other public approvals required for this project,
Incfudii^ those reduired by city, regional, Sta^ snd federsi agencfes:
Site DevelopmenI Plan (Minor). Non-residential Ptanned Unit Development Pennlti TenlaBve Parcel l>4ap
PI 6. Existing General Plan Land Use QeslgnaRon:
7. Existing zoning dlstrtct: '^"^
8. Bdstlng land use(s):
9. Proposed use of site (Project for wrfiioh this form is filed); Pl/(Office/ Industrial)
Project Description
10. Site size: ^^^^
11. Proposed Building square fodlege: 114.576 Sq. Ft.
12: Number of flODtstrftionstnjcMan: {2) l-6tory buildinge each with mezzanines
13. Amount of off-slreef parWng prewided: 331- Spaeee
14. Ass:oel8ted projects; ^ohe
p.1(P) Page 2 014 Revbed 07/10
15. If residential, Include the number of units and schedule of unit sizes; N/A
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: N/A , .."
17. If Industrial, indicate type, estimated employment per stiifl. and loading facllltieB: These are
speculative buildings for manufacturing, R&D, warehousing and
office use. Loading facilitieB are screened from street view.
Per- the pariting aunmiary, we eetimate at moBfc"300 employees
overall for the two buildings. .
18. If Institutional, indicate tho mi^or fundion, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the projed: N/A
19. If the project Involves a varlence, conditional use or rezoning applications, state this and Indict
ciearly why the eppllcation is required: N/A
p.1(D) Paaft3o(4 Revltad07/10
Are the following Items spp//cab/e to Ihe projed or Its elfects? Discuss all Hems checked yes (atfaoh
admionBl sheets es necessary)-
Yes No
20. Change in existing features of any bays, tidelands, beaches, or htls, or substantial • Q
alteration of ground contours.
21. Change in scenic viewe or vistas from existing residential areas or public lands or • @
roads.
22. Change In pattern, scale or character of general area of project. Q] ^
23. Significant amounts of solid waste or litter. • H
24. Change In dust, ash, smoke, fumes or odore In vicinity. •
25. Change In ocean, bay, lelte, stream or ground water quality or quantity, or •
alteration of existing drainage pattems.
26. Substantial changa In existing noise or vibration levels In the vicinity. •
27. Site on filled land or on slope of 10 percent or more. • H
28. Use of disposal of potentially hazardous materials, such as toxic substances, Q ^
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, • @
etc.).
30. Subslaniially inaease fossil fuel consumption (electricity, oil, natural gas, etc.). • S
31. Relationship lo a larger project or series of projects. Q B
Environmental Setting
AHsch stiBots ffiat Include a respofjse fo the following questions:
32. ITescribs (he project site as it exists before the project, including information on topography, soil
MsbMty, piants and animals, and any cultural, historical or scenic aspects. Describe any existing
struitees oil the site, and Oie use of (he structures. Attach photographs of the sits. Snapshots
or Polaroid piibtos vi^ti be accepted.
33. Describe the surrounding properties. Including infomnation on plants and animals and eny
cultural, historical or scenic aspects. Indicate the type of land use (resldenlial. commerdal, eta),
Intensity of land use (onerfiamlly. apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify lhat the statements hjrnlshed above and In the attached exiilttits present ihe data and
infbmiation required for Ihis Initial evaluafion to the best of my ability, and that the tects, stetements.
Information presented are true and correct lo the best of my knowledgfl and Mtef.
Date: ^f '" [^'^ Signature:
For: Smith Consqtting Architects
P-1(D) Page 4 oM Revlaed 07/10
10
Shea Industrial - Bressi Ranch Lots 19-22
ATTACHMENT TO PI (D)
32. Describd the project site as it exists before the project, including Information on
topography, soil stability, plants and animals, and any cultural, historical or scenic
aspects. Describe any existing structures on the site, and the use of the structures.
Attach photographs of the site.
The proieet stte is a vacant pad, previously (graded with the mass aiadtno permit
approvad for m Bressi Ranch Master Tetitatlve Maa tiroleot and oeiierailv sioptna at
2% from the northeast comer down to the southwest corfler. The Slater Plaee cul-de-
sac remairtsatthotigh the street was va^eatad under a previous unbiiilt protect. The
site is toQotiraohioanvsuitabie for the BfODOs Imiatovements. Public
curb/qutter/stdewatks ara existing alori? the Qatewav Rd. and Innovation Wav street
frontages. The site Is vdd of aw structures aiid surface improvements No
Gonseouantlal plants and anTmals ate present. The soils are suitable to suppott
buildings on conventional shallow foundations.
33. Describe the surrounding properties, including information on plants and animals and
any cultural, historical or scenic aspects. Indicate the type of land use (residentlal,
commerciai, etc.), intensity of land use {one-family, apartment houses, shops,
department stores, etc.), and scale of development (height, frontage, set-back, rear
yard, etc.). Attach ji^otographs of the vicinity.
The profeet site is bordered on the north, east and west bv P-M goned PfOPgites With
Planned Industfial land Uses. Directly north is a Vacant pre-oi-aded tot
DIreetiv west are multipte 2-ston/ offioe buildings (Lots 17 & ISVand the f2) g-storv
Amovtfhead Insumnce Office bujldlnasfl^tiB)> Directly emmm |f»iQvflttOh W6V ts
the T^w^ at Bressi flek industry deYetdbfrtent dofe 24.25 i^m Wmr
south, across 6atOTtfav Rd. lies a slnole fafiillv residential neighborhood. This PK>iect
incorponates a M ft. landscQoe setback aton^ Gateway Ro^
Tmcking uses will primarilv occur in a central truck court screened from view from the
streets and residences. The oroiect 'front door' with a primarily office orientation
ocours adiacent to the residenfial use. BuHdina wall hefahts will be 38 ft. and parapets
wili serve to screen root mounted HVAC eauipment from view from the surrounding
nfflghborhpod-
TIME LIMITS ON Development Services
DISCRETIONARY Planning Division
^ CITY OF
CARLSBAD PROJECTS
P-1(E)
1635 FaradayAvenue
(760)602-4610
wwwxarlsb8dca.gov
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law do not start until a
project application Is deemed complete by the CKy. The City has 30 calendar days from the date of
application submittal to determine whether an application Is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is completa or
Incomplete. If it Is Incomplete, the letter will state what Is needed to make this applteation complete.
When the application Is complete, the processing period will start upon the date ofthe completion letter,
if you have any questions regarding application submittal requirements (l.e., clarification
regarding a specific reqitlreitient or whethej: ail requirements are necessary for your particular
application) please call (760) 602-46^0.^
Applicant Signature; ^ .^^^•'^^^^^'•'^^i^-^^ " , • i , n .
Staff Signature: ^^^"^ ;f^'^''p^^r'^'''^^^?^^
Date:
To be stapled with receipt to the application
P-KE) Paga 1 of 1 Ravlsed 07/10
lv
citv OF'
CARLSBAD
TENTATIVE PARCEL MAP
WAIVER OF PROCESSING
TIME LIMITS
P-1(F)
Deveiooment Iti^rvittm*
nUnnnigDhrtsIon
ISa^nrfK^yAvenua
7IQ402r4610
wwvneaili!btdi!a,(Av
M'^f>'-0^ .frepossH iwirforsubdlvlsibn No.;
Subdivision Map A« (8^) S6i*0l» 68462.1 sab a m^Y Um mi for fhs Wwning CMsfim t^^ tentative parcel n«ipB. Per SMA Sseeoh M^Miit,Ji* fivie limit ma^ beo^hcttti Ify oonsmt jirf iBie applioani and theotty to allow for cotHNMsnt iRveBMSIng of roleted sp|»RD<»ifS dr Sh itt)v»«f^
jjroject
By m^^i^l^MMiim W Mttttw pMretihtiQ^ Ciniot««an<ly with applications for other approvals that aie
flfms$m6g to fid Wlip (t^, m^^wmnmmmem fam, Environmental Impact Report, Condominium
Permii. Pteniftd |.A)ft Dei«^mir^i tfw^B^^ M is I0lt exssedM. Fer the cSy to prdoess a tentatlvs
piansV msp &{]9)A6ji^ ismatpmy, thS diwwr ^r at^liosht must sljiri thia ig'raemertL if /this
agosMiwnt te ndt^gfttKi. the tity «^^^ parcel map ^pplieatlDrt only after aii prerdquisttes to
«tQ map hsim l>B«n procsMed aid approved.
The undefalgnad aoknowiedgito the praoeasiiH] Me required by the dty is expeoted to exceed the SO-day time
restriction and h'eraby wahciis such time reetriotioh for oily planner aotlbn.
, Sionar is (checic one}:
JPfopsrty Owner HApplicant
Print Name
SIginer is (check ohek
. QProperty Owner UAppllcant
P-KH Rsv.04ri3
4
CITV OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Develooment Services
Lend Deveiopment Engineering
1635 Faraday Avanue
760-602-2750
www.cariaba dcB,gov
INSTRUCTIONS:
To ^bftss poat-devsfotMnenlptilutaMS iliat may be gsnenriad from dsvelopmenl pn^eeta. the City raqulraa thai newdavalopmeni and atgnfflMRl »daM8te(H»ei^ piioi% pn^aoit inMfidiiM Storni Watar Baat IManasamanl Pradlcea (BMP'a) Wo lha proiect
daa^n perllwi 01^ Sttndaid Urfosn StwmwSter Manapmienl Plan (SUSMP). to view me SUSMP. refar lo Hie Englnaarlno Slandarda (VBtiane A. Ch^er 2)«liHW,ttWi(ft»<teB,<^
qossQoQRttte inuM tw mipisn ofsubmlffing for adsvsiopnwni ap^Hdn (siibiflvlsion dlsen^Kteiy iwinlHt end^ oonstHMIlOA permits). Tlw rssulfs of Vie quetftwmsfte detonninette^^l^^ of stoAn «M»r tin must te applied to a tmt»^ IMipi^ on IhebiriboiM, yoiir pi^ «M «Kiw^ be sutdeet to
atpe<^efp«^a«e46a^af«det»iidwrti^^^ »»
Your lettw'wes to Ihs quesffiwnafte reprasert an a»*«whent 9f ms propose condittena and Impacts, Cflv alaff haa raap^aWllly lor maMi^ the ftial B«M^^
WW IrtMrracUy fllWout and fe aubjert to l^ Ihia will raauK In INa lelurn oftha developmant^Xeallen aaftuxMiiplaia. In IhlaeaM, plem raaubrnttto the City,
If you are unaure about Ilia meaning of a queatlon or need help In datennlnlnB how to raapono to ona or moie of tha queillona, plaase aeak asabtance from Land Dawatepmenl Enfllnaartng ateff,
A sepsrste eonu^d and s^ned quaatlonnabe nuat te aiAmfttod !(»' a«i^ rww davalMimant appikialion auMnMien. 0*ly «ne f'H^^'^^'^ll''*^^^ required whan muaiplsd#«N3»nei^aiPlto^ In addition to thh quetfionnalre. you must also oompleie. s^ and (tl»nft « Pr<^^ fiM-thepn#ol.
Pfeasa sun by (mpMIng Step 1 and follow lha InstrutXons. VMia/i oaU^OtiM. **n flw tomi a/ Ifca end «n«r stM m wUh mr
TO BE eoniPLETiP PPR AU. PIKMECTS
Tft dsisnnina If your prajact la a prtorify devok^M pR^
YES NO
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detigtwd and conalnjcted in accordance with the USB>A Green SliieaiS ttMSia^ X
if you aaswerad Vaa" toorw or more of tho abova queMims. Ihen your prqlad la NOT a priorily developmant pfoleol snd lhare :NOT si4M|ietlo the slomi water criteria reqitfred forpriMy dsv^epmeni prq^ota, Oo to atap 4, mark the laat box atating'm pwjert ems not meetPOP raqulramenfa" and cOinpialaapiithMtnt Infbnnatlon.
if you anawarted 'no' to teOt ousatlons. lhan so to StaD i.
lore la
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E-34 Page 1 of 3 E(racllva6/2T/13
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1510701-1 04/17/2015 32
Fri, Apr 17, 2015 03:41 PM
Receipt Ref Nbr: R1510701-1/0040
PERMITS - PERMITS
Tran Ref Nbr; 151070101 0040 0046
Trans/Rcpt#; ROI08468
SET #: MS150006
Amount: 1 @ $3,859.37
Item Subtotal: $3,859.37
Item Total; $3,859.37
PERMITS - PERMITS
Tran Ref Nbr: 151070101 0040 0047
Trans/Rcpt#: ROI08469
SET #: PUD15009
Amount: 1 @ $3,015,00
Item Subtotal: $3,015.00
Item Total: $3,015.00
PERMITS - PERMITS
Tran Ref Nbr: 151070101 0040 0048
Trans/Rcpt#; R0108470
SET #: SDP15009
Amount; 1 @ $4,467,00
Item Subtotal: $4,467.00
Item Total: $4,467.00
3 ITEM(S) TOTAL; $11,341.37
Check (Chk# 002192076) $10,838.00
Credit Card (Auth# 54452B) $503.37
Total Received: $11,341.37
Have a nice day!
**************CUSTGMER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: SP ACQUISITION LLC
Description
MS150006
6131 INNOVATION WY CBAD
Amount
3,859.37
Receipt Number: R0108468
Transaction Date: 04/17/2015
Transaction ID: R0108468
Pay Type Method Description Amount
Payment Check 3,859.37
Transaction Amount: 3,859.37
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: SP ACQUISITION LLC
Description
PUD15009
6131 INNOVATION WY CBAD
Amount
3,015.00
Receipt Number: R0108469
Transaction Date: 04/17/2015
Transaction ID: R0108469
Pay Type Method
Payment Check
Description Amount
3,015.00
Transaction Amount: 3,015.00
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: SP ACQUISITION LLC
Description
SDP15009
6131 INNOVATION WY CBAD
Amount
4,467.00
Receipt Number: R0108470
Transaction Date: 04/17/2015
Transaction ID: R0108470
Pay Type Method Description Amount
Payment Check 4,467.00
Transaction Amount: 4,467.00
Form No. 1068-2
ALTA Plain Language Commitment
Commitment No.: NCS-722564-SD
Page Number: 1
March 28, 2015
Chuck McNary
Colliers International
5901 Priestly Dr Ste 100
Cartsbad, CA 92008
Phone: (760)930-7904
First American Title Company
National Commerciai Services
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
Customer Reference: Innovation Way
Titie Officer:
Phone:
Vince Tocco/ Linda Slavik
(858)410-3886
Order Number: NCS-722564-SD
Property: Vacant Land, Carisbad, CA
Attached piease find the foilowing item(s):
Commitment
Thank You for your confidence and support. We at First American Title Insurance Company maintain the
fundamental principle:
Customer First!
Rrst American Title Insurance Company
^ Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 2
First American Titie Insurance Company
INFORMATION
The Title Insurance Commitment is a legai contract between you and the company. It is issued to show
the basis on which we wiii issue a Titie Insurance Policy to you. The Poiicy wiil insure you against certain
risks to the land title, subject to the limitations shown in the poiicy.
The Company wili give you a sample of the Poiicy form, if you ask.
The Commitment is based on the land titie as of the Commitment Date. Any changes in the land title or
the transaction may affect the Commitment and the Poiicy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
This information is not part of the titie insurance commitment.
TABLE OF CONTENTS
Page
Agreement to Issue Poiicy 3
Scheduie A
1. Commitment Date 4
2. Poiicies to be Issued, Amounts and Proposed Insured 4
3. Interest in the Land and Owner 4
4. Description of the Land 4
Schedule B-1 - Requirements
Scheduie B-2 - Exceptions
Conditions
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about tiie Commitment,
piease contact tlie issuing office.
' Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 3
COMMITMENT FOR TITLE INSURANCE
Issued by
First American Title Insurance Company
Agreement to Issue Policy
We agree to issue a poiicy to you according to the terms of this Commitment.
When we show the poiicy amount and your name as the proposed insured in Schedule A, this
Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date, our obligation under this Commitment wiii end. Aiso, our obligation under this
Commitment wiil end when the Policy is issued and then our obligation to you wiii be under the Poiicy.
Our obligation under this Commitment is limited by the foiiowing:
The Provisions in Scheduie A.
The Requirements in Schedule B-1.
The Exceptions in Scheduie B-2.
The Conditions.
This Commitment is not vaiid without Schedule A and Sections 1 and 2 of Scheduie B.
' Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 4
SCHEDULE A
1. Commitment Date: March 20, 2015 at 7:30 A.M.
2. Policy or Policies to be issued: Amount
(A) ALTA Standard Owner Poiicy $To Be Determined
Proposed Insured:
To Be Determined
3. (A) The estate or interest in the land described in this Commitment is:
Fee as to Parcel 1 and Easement as to Parcel 2
(B) Titie to said estate or interest at the date hereof is vested in:
Slater Place, LP, a California limited partnership
4. The land referred to in this Commitment is situated in the City of Carisbad, County of San
Diego, State of Caiifornia, and is described as foliows:
PARCEL 1:
LOTS 19 THROUGH 22 OF CARLSBAD TRACT NO. CT 02-15 BRESSI RANCH, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 14960, RLED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 4, 2005, AND AS AMENDED BY THE CERTIRCATE OF CORRECTION RECORDED
MARCH 1, 2007 AS INSTRUMENT NO. 2007-0140625 OF OFFICIAL RECORDS.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIRCATE OF COMPUANCE RECORDED
SEPTEMBER 21, 2007 AS INSTRUMENT NO. 2007-0618922 OF OFFICIAL RECORDS.
TOGETHER WITH THAT PORTION OF SAID LAND VACATED BY RESOLUTION NO. 2007-211
RECORDED AUGUST 09, 2007 AS INSTRUMENT NO. 2007-0532404, OF OFFICIAL RECORDS.
PARCEL 2:
A PERPETUAL NON-EXCLUSIVE EASEMENT FOR LANDSCAPE, STORM DRAIN, UTILITY AND
SIGNAGE, AS SET FORTH IN THAT CERTAIN "DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND GRANT OF REQPROCAL EASEMENTS FOR BRESSI RANCH CORPORATE
CENTER", RECORDED MARCH 15, 2005 AS INSTRUMENT NO. 2005-0210897, OF OFRCIAL
RECORDS.
APN: 213-261-16-00
Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 5
SCHEDULE B
SECnON ONE
REQUIREMENTS
The foliowing requirements must be met:
(A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(B) Pay us the premiums, fees and charges for the policy.
(C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded.
(D) You must teil us in writing the name of anyone not referred to in this Commitment who wili get
an interest in the land or who wiil make a loan on the land. We may then make additionai
requirements or exceptions.
(E) Reieases(s) or Reconveyance(s) of Item(s): None
(F) Other: None
(G) You must give us the foiiowing information:
1. Any off record leases, surveys, etc.
2. Statement(s) of Identity, ail parties.
3. Other: None
The foilowing additionai requirements, as indicated by "X", must be met:
[X] (H) Provide information regarding any off-record matters, which may inciude, but are not
limited to: leases, recent works of improvement, or commitment statements in effect
under the Environmental Responsibility Acceptance Act, Civii Code Section 850, et seq.
The Company's Owner's Affidavit form (as provided by company) must be completed and
submitted prior to close in order to satisfy this requirement. This Commitment wiii then
be subject to such further exceptions and/or requirements as may be deemed necessary.
[] (I) An ALTA/ACSM survey of recent date, which complies with the current minimum standard
detaii requirements for ALTA/ACSM land titie surveys, must be submitted to the Company
for review. This Commitment will then be subject to such further exceptions and/or
requirements as may be deemed necessary.
[] (J) The foilowing LLC documentation is required:
(i) a copy of the Articles of Organization
(ii) a copy of the Operating Agreement, if applicabie
(iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct
Business within the State
(iv) express Company Consent to the current transaction
Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 6
[X] (K) The foliowing partnership documentation is required :
(i) a copy of the partnership agreement, including all applicable amendments thereto
(ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct
Business within the State
(iii) express Partnership Consent to the current transaction
[] (L) The foilowing corporation documentation is required:
(i) a copy of the Articles of Incorporation
(ii) a copy of the Bylaws, including ail appiicable Amendments thereto
(iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct
Business within the State
(iv) express Corporate Resoiution consenting to the current transaction
[X] (M) Based upon the Company's review of that certain partnership/operating agreement dated
Not disciosed for the proposed insured herein, the foilowing requirements must be met:
Any further amendments to said agreement must be submitted to the Company, together
with an affidavit from one of the general partners or members stating that it is a true
copy, that said partnership or limited liability company is in fuil force and effect, and that
there have been no further amendments to the agreement. This Commitment wili then
be subject to such further requirements as may be deemed necessary.
[] (N) A copy of the compiete lease, as referenced in Schedule A, #3 herein, together with any
amendments and/or assignments thereto, must be submitted to the Company for review,
along with an affidavit executed by the present lessee stating that it is a true copy, that
the lease is in full force and effect, and that there have been no further amendments to
the lease. This Commitment wiii then be subject to such further requirements as may be
deemed necessary.
[X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of
the poiicy contemplated herein and any endorsements requested thereunder. This
Commitment wiil then be subject to such further requirements as may be required to
obtain such approval.
[] (P) Potential additionai requirements, if ALTA Extended coverage is contemplated hereunder,
and work on the land has commenced prior to close, some or ail of the foliowing
requirements, and any other requirements which may be deemed necessary, may need to
be met:
[] (Q) The Company's "Indemnity Agreement I" must be executed by the appropriate parties.
[] (R) Financial statements from the appropriate parties must be submitted to the Company for
review.
[] (S) A copy of the construction contract must be submitted to the Company for review.
[] (T) An inspection of the land must be performed by the Company for verification of the phase
of construction.
[] (U) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company
employee, based upon information furnished by the appropriate parties involved.
I Form No. 1068-2 Commrtment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 7
SCHEDULE B
SECnONTWO
EXCEPTIONS
Any policy we issue will have the following exceptions uniess they are taken care of to our satisfaction.
The printed exceptions and exclusions from the coverage of the poiicy or policies are set forth in Exhibit A
attached. Copies of the policy forms shouid be read. They are avaiiable from the office which issued this
Commitment.
1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or
payable.
2. Assessment liens, if applicable, collected with the general and speciai taxes, including but not
limited to those disclosed by the reflection of the foliowing on tiie tax roll:
1915 Bond for City of Carisbad 2002-1; Street Improvements.
3. The lien of speciai tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
Caiifornia Government Code for Community Facilities District No. 1, as disclosed by Notice of
Speciai Tax Lien recorded May 20,1991 as Instrument No. 1991-0236959 of Official Records.
Document(s) declaring modifications thereof recorded March 14, 2003 as Instrument No. 2003-
0289327 and 2003-0289328, both of Officiai Records.
4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
5. The terms and provisions contained in the document entitied "Agreement Regarding the Payment
of a Pubiic Facilities Fee for inside the Boundaries of Community Facilities District No. 1"
recorded December 11, 1998 as Instrument No. 1998-0806517 of Officiai Records.
6. The terms and provisions contained in the document entitied "Agreement Regarding Covenants
running with the Land" recorded February 18, 1999 as Instrument No. 1999-0098738 of Officiai
Records.
7. The terms and provisions contained in the document entitied "Notice of Restriction on Real
Property" recorded February 25, 2003 as Instrument No. 2003-0210190 of Officiai Records.
8. The terms and provisions contained in the document entitied "Hold Harmless Agreement
Drainage" recorded March 11, 2003 as Instrument No. 2003-0270075 of Officiai Records.
9. The terms and provisions contained in the document entitied "Hold Harmless Agreement
Geological Failure" recorded March 11, 2003 as Instrument No. 2003-0270076 of Officiai
Records.
10. The terms and provisions contained in the document entitied "Notice of Restriction on Reai
Property" recorded April 1, 2003 as Instrument No. 2003-0362107 of Officiai Records.
Form No. 1068-2 Commrtment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 8
11. Abutter's rights of ingress and egress to or from Innovation Way have been dedicated or
relinquished on the map of Carisbad Tract CT 02-15 of Map No. 14960. Maps recorded February
04, 2005.
(Affects Lots 20 and 21)
12. Abutter's rights of ingress and egress to or from Gateway Road have been dedicated or
relinquished on the map of Carlsbad Tract CT 02-15 of Map No. 14960. Maps recorded February
04, 2005.
(Affects Lots 19 and 20)
13. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Tract Maps
For: Restricted sight distance and incidental purposes.
(Affects Lots 20 and 21)
14. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Tract Maps
For: General utility and access and incidental purposes.
A portion of said easement was vacated by Resolution No. 2007-211 recorded August 9, 2007 as
Instrument No. 2007-0532404 of Official Records.
(Affects Lot 19)
15. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Tract Maps
For: Landscape maintenance and incidental purposes.
16. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Tract Maps
For: Future private drainage and incidental purposes.
(Affects Lot 22)
17. 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 shali not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for vaiue, 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.
Document(s) declaring modifications thereof recorded January 26, 2012 as Instrument No. 2012-
0045639 of Officiai Records.
Document(s) declaring modifications thereof recorded July 17, 2012 as Instrument No. 2012-
0412306 of Officiai Records.
Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 9
Document(s) declaring modifications thereof recorded February 22, 2013 as Instrument No.
2013- 0117373 of Official Records.
Document(s) declaring modifications thereof recorded December 17, 2014 as Instrument No.
2014- 0556453 of Official Records.
18. 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.
19. Covenants, conditions, restrictions and easements in the document recorded March 30, 2005
as Instrument No. 2005-0258429 of Officiai Records, which provide that a vioiation thereof shali
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 Titie 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shali not be construed as
restrictions based on familial status.
20. An easement for public utilities and incidental purposes, recorded April 11,2005 as Instrument
No. 2005-0294004 of Officiai Records.
In Favor of: San Diego Gas 8i Electric Company
Affects: As described therein
21. An easement for pubiic utilities and incidental purposes, recorded April 11, 2005 as Instrument
No. 2005-0294021 of Official Records.
In Favor of: San Diego Gas & Electric Company
Affects: Lots 19, 20 and 22
22. The terms and provisions contained in the document entitied "Notice of Restriction on Reai
Property" recorded June 2, 2005 as Instrument No. 2005-0461222 of Officiai Records.
23. Covenants, conditions, restrictions and easements in the document recorded June 9, 2005
as Instrument No. 2005-0483802 of Officiai Records, which provide that a vioiation thereof shali
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 or Section
12955 of the C^alifornia Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded July 26, 2006 as Instrument No. 2006-
0529274 of Officiai Records.
Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 10
24. Covenants, conditions, restrictions and easements in the document recorded August 11, 2005
as Instrument No. 2005-0689778 of Officiai Records, which provide that a vioiation thereof shali
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for vaiue, 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 Titie 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawfutrestrictions 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.
Document(s) declaring modifications thereof recorded July 28, 2006 as Instrument No. 2006-
0536070 of Official Records.
Document(s) declaring modifications thereof recorded February 10, 2014 as Instrument No.
2014-0054465 of Officiai Records.
25. The terms and provisions contained in the document entitied "Notice of Restriction on Reai
Property" recorded February 20, 2007 as Instrument No. 2007-0113915 of Officiai Records.
26. An easement for private storm drain and incidental purposes, recorded August 16, 2007 as
Instrument No. 2007-0546688 of Officiai Records.
In Favor of: Lot 23 Bressi Ranch, LLC, a Caiifornia Limited Liability Company
Affects: Lots 19 and 22
27. An easement for general utility and access purposes and incidental purposes, recorded November
13, 2007 as Instrument No. 2007-0717227 of Officiai Records.
In Favor of: City of Carisbad, a Municipai Corporation
Affects: As described therein
28. The terms and provisions contained in the document entitied "Permanent Storm Water Quality
Best Management Practice Maintenance Agreement" recorded December 19, 2007 as Instrument
No. 2007-0781660 of Official Records.
29. The terms and provisions contained in the document entitied "Encroachment Agreement"
recorded December 24, 2007 as Instrument No. 2007-0790600 of Official Records.
30. Water rights, claims or title to water, whether or not shown by the pubiic records.
31. Rights of parties in possession.
Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 11
INFORMATIONAL NOTES
1. Taxes for proration purposes oniy for the fiscal year 2014-2015.
First Installment: $28,920.75, PAID
Second Installment: $28,920.75, PAID
Tax Rate Area: 09199
APN: 213-261-16-00
2. The property covered by this report is vacant land.
3. According to the pubiic records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
4. This preliminary reportycommitment was prepared based upon an appiication for a poiicy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibiiity 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 poiicies to be issued.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such ioss or damage is expressly provided by the terms
and provisions of the title insurance poiicy, if any, to which this map is attached.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer. *****
Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 12
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument.
(b) "Pubiic Records" means titie records that give constructive notice of matters affecting the titie
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Scheduie B - Section Two may be amended to show any defects, liens or
encumbrances that appear for the first time in the pubiic records or are created or attached between the
Commitment Date and the date on which ail of the Requirements (a) and (c) of Scheduie B - Section One
are met. We shali have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Scheduie B, we may
amend Scheduie B to show them. If we do amend Scheduie B to show these defects, liens or
encumbrances, we shali be liable to you according to Paragraph 4 beiow unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our oniy obligation is to issue to you the Poiicy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any ioss you incur because of an error in this
Commitment, our liability wili be limited to your actual loss caused by your relying on this Commitment
when you acted in good faith to:
compiy with the Requirements shown in Scheduie B - Section One
or
eliminate with our written consent any Exceptions shown in Schedule B - Section Two.
We shaii not be liable for more than the Policy Amount shown in Scheduie A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the titie to
the land must be based on this commitment and is subject to its terms.
Fomi No. 1068-2 Commibnent No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 13
Hr^ American Title
Privacy Information
We Are Committed to Safeguarding Cuatomer Infonnation
In order to better serve your needs now and In the future, we may ask you to pnwide us with certain Information. We understand that you may be concemed about what we will do with such
Information - particularly any personal or financial infonnation. We agree that you have a right to know how we will utilize the personal lnforniatk)n you provkle to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govem the use and handling of your personal Information.
Appllcalilllty
This Privacy Policy govems our use of the Infbrmatkm that you provkle to us. It does not govem the manner in whKh we may use infomiatk>n we have obtained from any other source, such as
Information obtained from a publk: record or from another person or entity. Rrst American has aiso adopted broader guklelines that govem our use of personal Informatkin regardless of Its source.
Rrst American calls these guklelines Its Fair Information Values.
Types of Information
Depending upon whkh of our servKes you are utilizing, the types of nonpublic personal infomiation that we may collect Include:
• Infonnation we receh/e from you on applkations, forms and In other communkations to us, whether In writing, In person, by telephone or any other means;
• Information about your transacb'ons with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Uie 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 Infonnation to nonaffiliated parties
except: (1) as necessary for us to provkle 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 whkh any customer relationship has ceased. Such Intbrmation may be used for any Intemal purpose, such as quality control efTorts or customer analysis. We may also provkle all ofthe types of
nonpublk: personal Informatkin listed above to one or more of our affiliated companies. Such affiliated companies Indude financial servkx provklers, 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 provkle all ttie kiformation we collect, as described above, to companies that perfonn mariceting servkxs on our behalf, on behalf of our affiliated companies or to ottier financial
Institutions with whom we or our affiliated compani« have joint marketing agreements.
Former Cuatomera
Even If you are no kmger 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 infbrmation. We resblct access to nonpublk: personal information about you to those Indlvkluals and
entities who need to know that Infbmiation to provkle products or servkss to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Infbrmation will be
handled responsibly and in accordance with this Privacy Policy and Rrst American's Fair Information Values. We cun-entiy maintain physkal, elecb-onk:, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal Information.
InformaUon Obtained Through Our Web Site
Rrst American Rnanclal Corporation Is sensitive to privacy Issues on the Internet We believe It Is Important you know how we treat the Information about you we receive on the Intemet.
In general, you can visit Rrst American or its affiliates' Web sites on the Worid Wkle Web wittiout telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This informatkin is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. Rrst
American uses this information to measure the use of our site and tn develop kleas to Improve ttie content of our site. There are times, however, when we may need Information from you, such as your name and email address. When Information Is needed, we will use our best effbrts to let you know at the ttme of
collection how we will use the personal informatton. Usually, the personal informatkin we collect Is used only by us to respond to your Inquiry, pnxsss an order or allow you to access specific
account/profile Information. If you choose to share any personal Informatt'on with us, we will only use it In acconlance wRh the polides outiined above.
Builneas Reiationahlps
Rrst American Finandal Corporation's site and Its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices empkiyed by other sites.
Cookies
Some of Rrst American's Web sites may make use of "cookie" technology to measure site activity and to customize Information to your personal tastes. A cookie Is an element of data that a Web site
can send to your browser, whkh may then store the cookie on your hard drive.
RrstAm.com uses stored cookies. The goal of this technokigy Is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience.
Fair InformaUon Values
Fairness We consider consumer expectations about their privacy In all our businesses. We only offer products and senHces that assure a favorable balance between consumer benefits and consumer privacy.
Pubiic Hecord We believe that an open public record aeates significant value for sodety, enhances consumer diolce and aeates consumer opporiunity. We actively support an open publk: record
and emphasize Its Importance and contribution to our economy.
Use We believe we shoukl behave responsibly when we use informaUon about a consumer In our business. We will obey the laws goveming the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct Inaccurate Information.
When, as with the public record, we cannot correct Inaccurate kifbcmatton, we will take all reasonable steps to assist consumers In Mentlfying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and servkss, our employees and others In our Indusby about the Importance of consumer privacy. We will Instmct our empkiyees on
our fiir Information values and on the responsible collection and use of data. We will encourage ottiers in our Industry to collect and use Information In a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of tfie data we maintain.
Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Infbrmation (2001-2010 Rrst American Rnanclal Corporation)
Form No. 1068-2 Commibnent No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 14
EXHIBIT A
UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of the land
or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The foilowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (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, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date
of Policy.
2. lights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taldng which has occurred prior to I3ate of Policy which would be binding on the rights of a purchaser for value without
l<nowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public reconJs at Date of Policy, but l<nown to the insured claimant and not disclosed In
writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the Insured mortgage or for
the estate or Interest insured by this poiicy.
4. Unenforceability of the Hen of the insured mortgage because of the Inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal banl<ruptcy, state Insolvency or similar creditors' 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 (including but not limited to bulldlng and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. IDefects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed In writing by the Insured claimant to the Company prior to the
date such insured claimant became an Insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained If the Insured claimant had
paid value for the estate or Interest Insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear In the policy.
SCHEDULE B
Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 15
This poiicy 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 records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. /\ny facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a con^ survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions In patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1970
WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the eflect of
any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the
insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or material or to the extent Insurance is afforded herein as to assessments for street improvements under construction or
completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable "doing business" laws ofthe state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown In parts one and two following:
Part One
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 yvhich are not shown by the public records but which could be ascertained by an Inspection of said land
or by making inquiry of persons In possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished. Imposed by law and not shown by the public
records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1992
WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this poiicy and the Company will not pay toss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) /\ny law, ordinance or govemmental 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; (11) the character, dimensions or location of
any improvement now or hereafter erected on the land; (Hi) 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, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the pubiic records at Date
of Policy.
Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 16
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubiic records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser 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 claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In
wri'ting to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the Insured
mortgage over any statutory Hen for services, labor or material or the extent Insurance Is afforded herein as to assessments for street
improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained If the insured claimant had paid vaiue 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 ttie Indebtedness, to comply with the applicable "doing business" laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory Hen for services, labor or materials over the lien of
the insured mortgage) arising from an improvement or wori< related to the land which is contracted for and commenoed subsequent to Date
of Policy and is not financed in whole or in part by proceeds of ttie indebtedness secured by the insured mortgage which at Date of Policy
the Insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction 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 transaction aeating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the Interest of the Insured mortgagee as a result of the application of the docb-ine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the Allure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or Hen aeditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1992
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 exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said
land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions In patents or in Acts authorizing the Issuance thereof; water rights, claims or 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.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or govemmental regulation (including but not llmfted to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (1) tiie 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, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public reconjs at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, Hen 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 uniess notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commibnent Page Number: 17
(e) resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or interest insured
by this policy.
4. /Vny claim, which arises out of the transaction vesting in the Insured the estate or interest Insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction aeating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest Insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely reconJ the Insbiiment of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or Hen aeditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Titie Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and ttie following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and tiie Company wiii 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 making inquiry of persons In possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or titie to
water.
6. Any Hen, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Titie Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a) that are aeated, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date ~ unless they appeared In the public records
(c) that result in no loss to you
(d) that first affect your titie after the Policy Date ~ this does not limit the labor and material lien coverage in Item 8 of Covered Titie Risks
4. Failure to pay value for your titie.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways ttiat touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE - 1998
Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroacliment of boundary walls or fences) are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
'* Form No 1068-2 Commibnent No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 18
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against toss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and ttie existence or violation of any law or government regulation. This includes ordinances, laws and
regulations concerning:
a. building b. zoning
c. land use d. improvements on the land
e. land division f. environmental protection
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears In the
Public Records at the Policy Date.
This exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24.
2. The failure of Your existing structures, or any part of them, to be consb-ucted in accordance with applicable building codes. This Exclusion
does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and Is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are 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 result in no ioss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described In Covered Risk 7, B.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Titie.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to In paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This exclusion does not limit the coverage described In Covered Risk ll or 18.
12. THIRD GENERATION EAGLE LOAN POUCY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POUCY (1/01/08)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'fees or
expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to buiiding and zoning) restricting, regulating,
prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions, or location of any improvement
erected on the Land; (iil) the subdivision of land; or(lv) environmental protection; or the effect of any vioiation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6,13(c), 13(d), 14 or
16.
(b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6,13(c), 13(d),
14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed or agreed to liy the Insured Claimant;
(b) not Known to tiie Company, not recorded in tiie Public Records at Date of Policy, but Known to ttie Insured Claimant and not disclosed In
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage which would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business
laws of the state where the Land is situated.
5. Invalidity or unenforceability In whole or in part of the lien of the Insured Mortgage that arises out of the b-ansaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit
the coverage provided In Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to /Advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by ttiis policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of
Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with
applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
** *" Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commibnent Page Number: 19
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any Improvement erected on the Land;
(iii) the subdivision of land; or
(Iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to ttie Insured Claimant and not disclosed
In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
(e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability In whole or in part of the lien of the Insured Mortgage that arises out of the b-ansaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the fransaction aeating
the lien ofthe Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential fransfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11(b).
14. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 2006
WITH REGIONAL EXCEPTIONS
When the American Land Titie Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and tiie Company will not pay costs, attomeys' fees or expenses) which arise by reason of:
1. (a) Taxes or assessments that are not shown as existing Hens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any enaoachment, encumbrance, violation, variation, or adverse circumstance affecting the Titie that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or titie to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) resfricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(Iv) environmental protectlon;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a)
does not modify or limit the coverage provided under Covered Risk 5.
Form No. 1068-2 Commitment No.: NCS-722564-SD
ALTA Plain Language Commitment Page Number: 20
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Qaimant and not disclosed
In writing to the Company by ttie Insured Claimant prior to the date tiie Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9
and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Titie.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar aeditors rights laws, that the fransaction vesting
the Title as shown in Schedule A, Is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential fransfer for any reason not stated in Covered Risk 9 of this policy.
5. /Vny lien on the Titie for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or otiier instrument of fransfer in the Public Records that vests Titie as shown in Schedule A.
16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY - 2006
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 15 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a pubiic agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or bythe Public Records.
2. /Vny facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or daims thereof, not shown by the Public Records.
4. Any enaoachment, encumbrance, violation, variation, or adverse drcumstance affecting the Titie tiiat would be disclosed by an accurate
and complete land survey ofthe Land and not shown by ttie Public Records.
5. (a) Unpatented mining claims; (b) reservabons or exceptions in patents or in Acts authorizing the issuance tiiereof; (c) water rights, claims
or titie to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
Mail Processing Center Aeronautical Study No.
Federal Aviation Administration 2014-AWP-601-OE
Southwest Regional Office
Obstruction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Issued Date: 02/25/2014
Jon Ohlson
Smith Consulting Architects
12220 El Camino Real ste. 200
San Diego, CA 92130
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, conceming:
Structure: Building Shea Ind. Bressi Ranch Lots 19-22 Bldg 1-SW
Location: Carlsbad, CA
Latitude: 33-07-40.93N NAD 83
Longitude: 117-15-40.15W
Heights: 363 feet site elevation (SE)
40 feet above grovmd level (AGL)
403 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
At least 10 days prior to start of construction (7460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a volimtary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 K Change 2.
The structure considered imder this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
Any height exceeding 40 feet above ground level (403 feet above mean sea level), wUl result in a substantial
adverse effect and would warrant a Determination of Hazard to Air Navigation.
This determination expires on 08/25/2015 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
Page 1 of 5
' ' (b) extended, revised, or terminated by the issuing office.
(c) 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 the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNMCANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
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 fiiture 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 concems 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 govemment body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
If we can be of further assistance, please contact our office at (310) 725-6557. On any future correspondence
conceming this matter, please refer to Aeronautical Study Number 2014-AWP-601-OE.
Signature Control No: 206758972-208962073 (DNE)
Karen McDoneild
Specialist
Attachment(s)
Case Description
Map(s)
Page 2 of 5
Case Description for ASN 2014-AWP-601-OE
Construction of a 2 new 1 story Industrial Buildings.
Page 3 of 5
Verified Map for ASN 2014-AWP-601-OE
Page 4 of 5
Sectional Map for ASN 2014-AWP-601-OE
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Page 5 of 5
Mail Processing Center Aeronautical Study No.
Federal Aviation Administration 2014-AWP-599-OE
Southwest Regional Office
Obstruction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Issued Date: 02/25/2014
Jon Ohlson
Smith Consulting Architects
12220 El Camino Real ste. 200
San Diego, CA 92130
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, conceming:
Stmcture: Building Shea Ind. Bressi Ranch Lots 19-22 Bldg 1-NE
Location: Carlsbad, CA
Latitude: 33-07-42.53N NAD 83
Longitude: 117-15-35.97W
Heights: 363 feet site elevation (SE)
40 feet above groimd level (AGL)
403 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstmction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
At least 10 days prior to start of construction (7460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a volimtary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 K Change 2.
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.
Any height exceeding 40 feet above ground level (403 feet above mean sea level), will result in a substantial
adverse effect and would warrant a Determination of Hazard to Air Navigation.
This determination expires on 08/25/2015 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
Page 1 of 5
' (b) extended, revised, or terminated by the issuing office,
(c) the constmction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a constmction 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 the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNMCANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
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 constmction 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., wliich may be
used during actual constmction of the stmcture. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied stmcture requires separate notice to the
FAA.
This determination concems the effect of this 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 govemment body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstmction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
If we can be of further assistance, please contact our office at (310) 725-6557. On any future correspondence
conceming this matter, please refer to Aeronautical Study Number 2014-AWP-599-OE.
Signature Control No: 206758970-208962074 (DNE)
Karen McDonald
Specialist
Attachment(s)
Case Description
Map(s)
Page 2 of 5
Case Description for ASN 2014-AWP-599-OE
Constmction of a 2 new 1 story Industrial Buildings.
Page 3 of 5
Verified Map for ASN 2014-AWP-599-OE
Page 4 of 5
Sectional Map for ASN 2014-AWP-599-OE
Page 5 of 5
Mail Processing Center Aeronautical Study No.
Federal Aviation Administration 2014-AWP-600-OE
Southwest Regional Office
Obstruction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Issued Date: 02/25/2014
Jon Ohlson
Smith Consulting Architects
12220 El Camino Real ste. 200
San Diego, CA 92130
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, conceming:
Stmcture: Building Shea Ind. Bressi Ranch Lots 19-22 Bldg 1-SE
Location: Carlsbad, CA
Latimde: 33-07-40.95N NAD 83
Longimde: 117-15-35.95W
Heights: 363 feet site elevation (SE)
40 feet above ground level (AGL)
403 feet above mean sea level (AMSL)
This aeronautical study revealed that the stracture does not exceed obstmction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Constmction or Alteration, be e-filed any time the
project is abandoned or:
At least 10 days prior to start of constraction (7460-2, Part 1)
_X_ Within 5 days after the constraction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 K Change 2.
The stracture 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.
Any height exceeding 40 feet above ground level (403 feet above mean sea level), will result in a substantial
adverse effect and would warrant a Determination of Hazard to Air Navigation.
This determination expires on 08/25/2015 unless:
(a) the constraction is started (not necessarily completed) and FAA Form 7460-2, Notice of Acmal
Constraction or Alteration, is received by this office.
Page 1 of 5
' (b) extended, revised, or terminated by the issuing office,
(c) the constraction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a constraction 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 the date
prescribed by the FCC for completion of constraction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNinCANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
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 fumre constraction or alteration , including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary constraction equipment such as cranes, derricks, etc., which may be
used during actual constraction of the stracture. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied stracture requires separate notice to the
FAA.
This determination concems the effect of this stracture 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 govemment body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstmction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
If we can be of further assistance, please contact our office at (310) 725-6557. On any future correspondence
conceming this matter, please refer to Aeronautical Study Number 2014-AWP-600-OE.
Signature Control No: 206758971-208962075 (DNE)
Karen McDonald
Specialist
Attachment(s)
Case Description
Map(s)
Page 2 of 5
Case Description for ASN 2014-AWP-600-OE
Constraction of a 2 new 1 story Industrial Buildings.
Page 3 of 5
Verified Map for ASN 2014-AWP-600-OE
Page 4 of 5
Sectional Map for ASN 2014-AWP-600-OE
\ACAUtlON
Page 5 of 5
Mail Processing Center Aeronautical Study No.
Federal Aviation Administration 2014-AWP-602-OE
Southwest Regional Office
Obstmction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Issued Date: 08/25/2014
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, conceming:
Stracture: Building Shea Ind. Bressi Ranch Lots 19-22 Bldg 1-NW
Location: Carlsbad, CA
Latitude: 33-07-42.54N NAD 83
Longimde: 117-15-40.15W
Heights: 363 feet site elevation (SE)
40 feet above ground level (AGL)
403 feet above mean sea level (AMSL)
This aeronautical study revealed that the stracture 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 stracture would not be a
hazard to air navigation provided the following condition(s) is(are) met:
As a condition to this Determination, the stracture is marked/lighted in accordance with FAA Advisory circular
70/7460-1 K Change 2, Obstraction Marking and Lighting, red lights - Chapters 4,5(Red),«&12.
It is required that FAA Form 7460-2, Notice of Actual Constraction or Alteration, be e-filed any time the
project is abandoned or:
At least 10 days prior to start of constraction (7460-2, Part 1)
X Within 5 days after the constraction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
The stracture 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.
Any height exceeding 40 feet above ground level (403 feet above mean sea level), will result in a substantial
adverse effect and would warrant a Detennination of Hazard to Air Navigation.
This determination expires on 02/25/2016 unless:
Page 1 of 8
' (a) the constraction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Constraction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the constraction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a constraction pemiit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of constraction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on or
before September 24, 2014. 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 to the Manager, Airspace Regulations & ATC Procedures Group,
Federal Aviation Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 04, 2014 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. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone ~ 202-267-8783 - or facsimile 202-267-9328.
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 constraction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary constraction equipment such as cranes, derricks, etc., which may be
used during actual constraction of the stracture. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied stracture requires separate notice to the
FAA.
This determination concems the effect of this stracture 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 govemment body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstraction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
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 rales and instrament flight rales; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied stracture when combined with the impact of other existing or proposed
stractures. The study disclosed that the described stracture would have no substantial adverse effect on air
navigation.
Page 2 of 8
An account of the smdy 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 foufid on the following page(s).
If we can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence conceming this matter, please refer to Aeronautical Smdy Number 2014-AWP-602-OE.
Signature Control No: 206758973-227761461 (DNH)
John Page
Manager, Obstraction Evaluation Group
Attachment(s)
Additional Information
Case Description
Map(s)
Page 3 of 8
Additional information for ASN 2014-AWP-602-OE
The proposal, submitted by Smith Consulting Architects, will constract a 40-foot above ground level (agl)
stracture on rising natural site terrain, in Carlsbad, Califomia. This site point is located approximately 0.95
nautical miles (NM) northeast of the McClellan-Palomar (CRQ) airport reference point. The CRQ Field
Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest civilian public-use landing area.
The site elevation of this proposal is 363 feet amsl.
The stracture height exceeds the obstraction standards of Title 14 of the Code of Federal Regulations (CFR)
Part 77 as follows:
Section 77.19(e) by 8 feet, because of the rising site terrain - a height exceeding the CRQ RWY 06/24 7:1
ApproachTransitional Surface.
Details of the proposal were distributed as Public Notice in order to gather aeronautical information from
interested aviation users and other members of the public. No comments or objections were received from the
Public Notice distribution.
The proposal is sited in an existing area of low-rise commercial and residential stractures of similar height, as
viewed on a satellite map.
FAA evaluation finds that the adverse effect of this stracture is known. There is no significant adverse effect
on aeronautical operations or on the utility of the navigable airspace overlying the site. Similar stmctures exist
in the area. Existing obstacles and terrain control the development of future approach and departure Terminal
Instrament Procedures for CRQ. Therefore, no further attempt to negotiate the proposed stractures to lower
heights was considered necessary. This does not affect the right to petition for review determinations regarding
stractures which exceed the subject obstraction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
- None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
- The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
- The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
- The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
- The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of 8
- The'proposal would not conflict with airspace required to conduct normal VFR traffic pattem operations at
any known public use or military airports. Application of VFR Traffic Pattem airspace criteria at CRQ finds
that aircraft operations would not be required to change their regular flight course or altitude.
- The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
- The stracture shall be appropriately red obstraction Ughted to make it more conspicuous to airmen flying in
VFR weather conditions between sunset and sunrise.
The cumulative impact of the proposed stracture, when combined with other existing stractures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed constraction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This determination, issued in accordance with Part 77, concems the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local govemmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 8
Case Description for ASN 2014-AWP-602-OE
Constraction of a 2 new 1 story Industrial Buildings.
Page 6 of 8
Verified Map for ASN 2014-AWP-602-OE
Page 7 of 8
Sectional Map for ASN 2014-AWP-602-OE
OCEANSIDE^ (OKB)
'ASbS'r127.8
~ RP*?4
VISTA
r..CLELLAN^PALOMAR (CRQ)^
^GT.^ 118'6^*^^^ATIS120.15
\ 33 1 •LM9\
TNCAUtlON
Page 8 of 8
Mail Processing Center Aeronautical Smdy No.
Federal Aviation Administration 2014-AWP-603-OE
Southwest Regional Office
Obstraction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Issued Date: 08/25/2014
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical smdy under the provisions of 49 U.S.C,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, conceming:
Stracture: Building Shea Ind. Bressi Ranch Lots 19-22 Bldg 2-SE
Location: Carlsbad, CA
Latitude: 33-07-43.33N NAD 83
Longitude: 117-15-35.98W
Heights: 364 feet site elevation (SE)
40 feet above ground level (AGL)
404 feet above mean sea level (AMSL)
This aeronautical study revealed that the stracture 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 stracture would not be a
hazard to air navigation provided the following condition(s) is(are) met:
As a condition to this Determination, the stracture is marked/lighted in accordance with FAA Advisory circular
70/7460-1 K Change 2, Obstraction Marking and Lighting, red lights - Chapters 4,5(Red),&12.
It is required that FAA Form 7460-2, Notice of Actual Constraction or Alteration, be e-filed any time the
project is abandoned or:
At least 10 days prior to start of constraction (7460-2, Part 1)
X Within 5 days after the constraction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
The stracture 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.
Any height exceeding 40 feet above ground level (404 feet above mean sea level), will result in a substantial
adverse effect and would warrant a Detennination of Hazard to Air Navigation.
This determination expires on 02/25/2016 unless:
Page 1 of 8
* (a) the constraction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Constraction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the constraction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a constraction 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 the date
prescribed by the FCC for completion of constraction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNMCANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on or
before September 24, 2014. 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 to the Manager, Airspace Regulations & ATC Procedures Group,
Federal Aviation Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 04, 2014 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. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone ~ 202-267-8783 - or facsimile 202-267-9328.
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 constraction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary constraction equipment such as cranes, derricks, etc., which may be
used during acmal constraction of the stracture. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied stracture requires separate notice to the
FAA.
This detennination concems the effect of this stracture 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 govemment body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstraction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
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 rales and instrument flight rales; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied stracture when combined with the impact of other existing or proposed
stractures. The smdy disclosed that the described stracture would have no substantial adverse effect on air
navigation.
Page 2 of 8
' An atcount of the smdy findings, aeronautical objections received by the FAA during the smdy (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
If we can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence conceming this matter, please refer to Aeronautical Smdy Number 2014-AWP-603-OE.
Signature Control No: 206758974-227765210 (DNH)
John Page
Manager, Obstraction Evaluation Group
Attachment(s)
Additional Information
Case Description
Map(s)
Page 3 of 8
Additional information for ASN 2014-AWP-603-OE
The proposal, submitted by Smith Consulting Architects, will constract a 40-foot above ground level (agl)
stracture on rising natural site terrain, in Carlsbad, Califomia. This site point is located approximately 1.01
nautical miles (NM) northeast of the McClellan-Palomar (CRQ) airport reference point. The CRQ Field
Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest civilian public-use landing area.
The site elevation of this proposal is 364 feet amsl.
The stracture height exceeds the obstraction standards of Title 14 of the Code of Federal Regulations (CFR)
Part 77 as follows:
Section 77.19(d) by 10 feet, because of the rising site tenain ~ a height exceeding the CRQ RWY 24 Approach
Surface.
Details of the proposal were distributed as Public Notice in order to gather aeronautical information from
interested aviation users and other members of the public. No comments or objections were received from the
Public Notice distribution.
The proposal is sited in an existing area of low-rise commercial and residential stractures of similar height, as
viewed on a satellite map.
FAA evaluation finds that the adverse effect of this stracture is known. There is no significant adverse effect
on aeronautical operations or on the utility of the navigable airspace overlying the site. Similar stractures exist
in the area. Existing obstacles and terrain control the development of future approach and departure Terminal
Instrament Procedures for CRQ. Therefore, no further attempt to negotiate the proposed stractures to lower
heights was considered necessary. This does not affect the right to petition for review determinations regarding
stractures which exceed the subject obstraction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
- None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
- The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
- The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
- The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
- The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of 8
- The proposal would not conflict with airspace required to conduct normal VFR traffic pattem operations at
any known public use or military airports. Application of VFR Traffic Pattem airspace criteria at CRQ finds
that aircraft operations would not be required to change their regular flight course or altitude.
- The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
- The stracture shall be appropriately red obstraction lighted to make it more conspicuous to airmen flying in
VFR weather conditions between sunset and sunrise.
The cumulative impact of the proposed stracture, when combined with other existing stractures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or plaimed
civilian public-use or military airport.
Therefore, it is determined that the proposed constraction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This detennination, issued in accordance with Part 77, concems the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local govemmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 8
Case Description for ASN 2014-AWP-603-OE
Constraction of a 2 new 1 story Industrial Buildings.
Page 6 of 8
Verified Map for ASN 2014-AWP-603-OE
Page 7 of 8
Sectional Map for ASN 2014-AWP-603-OE
LEJ\—
OCEANSIDE" (OKB]
'ASbs;i27.8
2e'L27 l23 Cf
ISTA
VISTAXV ' \.?^V*
MC^CLELLANVPALOMAR (CRQ)'-
T - IIB^e-'^O^ATlS 120.15
33 / •LM9\
ESC<
CARLSB>\D
directory
Ic) mH hr»
OCEANSIDE
. C stack
Re24!>
-ivSAN DIEC
)0 100
'^E'NCINITAS
696
V'CLASS I
ICAUTIONJNTENSIVEl
^ JET^TRA^FIC^
CARIF
3&
ipo
7
I \KCAiJtir>N r • 100
Page 8 of 8
Mail Processing Center Aeronautical Study No.
Federal Aviation Administration 2014-AWP-604-OE
Southwest Regional Office
Obstraction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Issued Date: 08/25/2014
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, conceming:
Stracture: Building Shea Ind. Bressi Ranch Lots 19-22 Bldg 2-NE
Location: Carlsbad, CA
Latimde: 33-07-44.93N NAD 83
Longitude: 117-15-35.94W
Heights: 364 feet site elevation (SE)
40 feet above ground level (AGL)
404 feet above mean sea level (AMSL)
This aeronautical study revealed that the stracture 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 stracture would not be a
hazard to air navigation provided the following condition(s) is(are) met:
As a condition to this Detemiination, the stracture is marked/lighted in accordance with FAA Advisory circular
70/7460-1 K Change 2, Obstraction Marking and Lighting, red lights - Chapters 4,5(Red),&12.
It is required that FAA Form 7460-2, Notice of Actual Constraction or Alteration, be e-filed any time the
project is abandoned or: *
At least 10 days prior to start of constraction (7460-2, Part 1)
^X Within 5 days after the constraction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
The stracture 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.
Any height exceeding 40 feet above ground level (404 feet above mean sea level), will result in a substantial
adverse effect and would wanant a Determination of Hazard to Air Navigation.
This determination expires on 02/25/2016 unless:
Page 1 of 8
(a) the constraction is started (not necessarily completed) and FAA Form 7460-2, Notice of Acmal
Constraction or Alteration, is received by this office.
(b) extended, revised, or tenninated by the issuing office.
(c) the constraction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a constraction permit has been filed, as required by the FCC, within
6 months of the date of this detennination. In such case, the detemiination expires on the date
prescribed by the FCC for completion of constraction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on or
before September 24, 2014. 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 to the Manager, Airspace Regulations & ATC Procedures Group,
Federal Aviation Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 04, 2014 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. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone ~ 202-267-8783 - or facsimile 202-267-9328.
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 detennination. Any fiimre constraction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary constraction equipment such as cranes, derricks, etc., which may be
used during acmal constraction of the stracture. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied stracture requires separate notice to the
FAA.
This determination concems the effect of this stracture 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 govemment body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstraction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
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 rales and instrament flight rales; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied stracture when combined with the impact of other existing or proposed
stractures. The study disclosed that the described stracture would have no substantial adverse effect on air
navigation.
Page 2 of 8
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).
If we can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence conceming this matter, please refer to Aeronautical Stady Number 2014-AWP-604-OE.
Signature Control No: 206758975-227766378 (DNH)
John Page
Manager, Obstraction Evaluation Group
Attachment(s)
Additional Infonnation
Case Description
Map(s)
Page 3 of 8
Additional information for ASN 2014-AWP-604-OE
The proposal, submitted by Smith Consulting Architects, will constract a 40-foot above ground level (agl)
stracture on rising natural site terrain, in Carlsbad, Califomia. This site point is located approximately 1.01
nautical miles (NM) northeast of the McClellan-Palomar (CRQ) airport reference point. The CRQ Field
Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest civilian public-use landing area.
The site elevation of this proposal is 364 feet amsl.
The stracmre height exceeds the obstraction standards of Title 14 of the Code of Federal Regulations (CFR)
Part 77 as follows:
Section 77.19(d) by 9 feet, because of the rising site terrain ~ a height exceeding the CRQ RWY 24 Approach
Surface.
Details of the proposal were distributed as Public Notice in order to gather aeronautical information from
interested aviation users and other members of the public. No comments or objections were received from the
Public Notice distribution.
The proposal is sited in an existing area of low-rise commercial and residential stractures of similar height, as
viewed on a satellite map.
FAA evaluation finds that the adverse effect of this stracmre is known. There is no significant adverse effect
on aeronautical operations or on the utility of the navigable airspace overlying the site. Similar stractures exist
in the area. Existing obstacles and tenain control the development of future approach and departure Terminal
Instrament Procedures for CRQ. Therefore, no further attempt to negotiate the proposed stractures to lower
heights was considered necessary. This does not affect the right to petition for review detenninations regarding
stractures which exceed the subject obstraction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
- None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
- The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
- The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
- The proposal would have no effect on any existing or proposed IFR minimum flight altimdes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
- The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of 8
- The proposal would not conflict with airspace required to conduct normal VFR traffic pattem operations at
any known public use or military airports. Application of VFR Traffic Pattem airspace criteria at CRQ finds
that aircraft operations would not be required to change their regular flight course or altimde.
- The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
- The stracture shall be appropriately red obstraction lighted to make it more conspicuous to airmen flying in
VFR weather conditions between sunset and sunrise.
The cumulative impact of the proposed stracture, when combined with other existing stractures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed constraction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This detennination, issued in accordance with Part 77, concems the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local govemmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 8
Case Description for ASN 2014-AWP-604-OE
Constraction of a 2 new 1 story Industrial Buildings.
Page 6 of 8
Verified Map for ASN 2014-AWP-604-OE
Page 7 of 8
Sectional Map for ASN 2014-AWP-604-OE
Page 8 of 8
Mail Processing Center Aeronautical Study No.
Federal Aviation Administration 2014-AWP-605-OE
Southwest Regional Office
Obstraction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Issued Date: 08/25/2014
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, conceming:
Stracture: Building Shea Ind. Bressi Ranch Lots 19-22 Bldg 2-NW
Location: Carlsbad, CA
Latitude: 33-07-44.94N NAD 83
Longimde: 117-15-40.16W
Heights: 364 feet site elevation (SE)
40 feet above ground level (AGL)
404 feet above mean sea level (AMSL)
This aeronautical study revealed that the stracture 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 stracture would not be a
hazard to air navigation provided the following condition(s) is(are) met:
As a condition to this Determination, the stracture is marked/lighted in accordance with FAA Advisory circular
70/7460-1 K Change 2, Obstraction Marking and Lighting, red lights - Chapters 4,5(Red),&12.
It is required that FAA Form 7460-2, Notice of Actual Constraction or Alteration, be e-filed any time the
project is abandoned or:
At least 10 days prior to start of constraction (7460-2, Part 1)
X Within 5 days after the constraction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
The stracture 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.
Any height exceeding 40 feet above ground level (404 feet above mean sea level), will result in a substantial
adverse effect and would warrant a Detennination of Hazard to Air Navigation.
This detemiination expires on 02/25/2016 unless:
Page 1 of 8
(a) the constraction is started (not necessarily completed) and FAA Form 7460-2, Notice of Acmal
Constraction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the constraction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a constraction 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 the date
prescribed by the FCC for completion of constraction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNMCANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on or
before September 24, 2014. 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 to the Manager, Airspace Regulations & ATC Procedures Group,
Federal Aviation Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 04, 2014 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. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone ~ 202-267-8783 - or facsimile 202-267-9328.
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 constraction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary constraction equipment such as cranes, derricks, etc., which may be
used during acmal constraction of the stracture. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied stracture requires separate notice to the
FAA.
This detennination concems the effect of this stracture 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 govemment body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstraction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
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 rales and instrament flight rales; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied stracture when combined with the impact of other existing or proposed
stractures. The study disclosed that the described stracture would have no substantial adverse effect on air
navigation.
Page 2 of 8
An adcount of the smdy 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).
If we can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
conespoudence conceming this matter, please refer to Aeronautical Smdy Number 2014-AWP-605-OE.
Signature Control No: 206758976-227768069 (DNH)
John Page
Manager, Obstraction Evaluation Group
Attachment(s)
Additional Information
Case Description
Map(s)
Page 3 of 8
Additional information for ASN 2014-AWP-605-OE
The proposal, submitted by Smith Consulting Architects, will constract a 40-foot above ground level (agl)
stracture on rising natural site terrain, in Carlsbad, Califomia. This site point is located approximately 0.96
nautical miles (NM) northeast of the McClellan-Palomar (CRQ) airport reference point. The CRQ Field
Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest civilian pubUc-use landing area.
The site elevation of this proposal is 364 feet amsl.
The stracture height exceeds the obstraction standards of Title 14 of the Code of Federal Regulations (CFR)
Part 77 as follows:
Section 77.19(d) by 16 feet, because of the rising site tenain ~ a height exceeding the CRQ RWY 24 Approach
Surface.
Details of the proposal were distributed as Public Notice in order to gather aeronautical information from
interested aviation users and other members of the public. No comments or objections were received from the
Public Notice distribution.
The proposal is sited in an existing area of low-rise commercial and residential stractures of similar height, as
viewed on a satellite map.
FAA evaluation finds that the adverse effect of this stracture is known. There is no significant adverse effect
on aeronautical operations or on the utility of the navigable airspace overlying the site. Similar stractures exist
in the area. Existing obstacles and terrain control the development of future approach and departure Terminal
Instrument Procedures for CRQ. Therefore, no further attempt to negotiate the proposed stractures to lower
heights was considered necessary. This does not affect the right to petition for review determinations regarding
stractures which exceed the subject obstraction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
- None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
- The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
- The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
- The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
- The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of 8
- The proposal would not conflict with airspace required to conduct normal VFR traffic pattem operations at
any known public use or military airports. Application of VFR Traffic Pattem airspace criteria at CRQ finds
that aircraft operations would not be required to change their regular flight course or altitude.
- The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
- The stracmre shall be appropriately red obstraction lighted to make it more conspicuous to airmen flying in
VFR weather conditions between sunset and sunrise.
The cumulative impact of the proposed stracture, when combined with other existing stractures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed constraction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This determination, issued in accordance with Part 77, concems the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local govemmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 8
Case Description for ASN 2014-AWP-605-OE
Constraction of a 2 new 1 story Industrial Buildings.
Page 6 of 8
Verified Map for ASN 2014-AWP-605-OE
Page 7 of 8
Sectional Map for ASN 2014-AWP-605-OE
Page 8 of 8
Mail Processing Center Aeronautical Study No.
Federal Aviation Administration 2014-AWP-606-OE
Southwest Regional Office
Obstraction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Issued Date: 08/25/2014
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical smdy under the provisions of 49 U.S.C,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, conceming:
Stracture: Building Shea Ind. Bressi Ranch Lots 19-22 Bldg 1-SW
Location: Carlsbad, CA
Latimde: 33-07-43.34N NAD 83
Longitude: 117-15-40.13W
Heights: 364 feet site elevation (SE)
40 feet above ground level (AGL)
404 feet above mean sea level (AMSL)
This aeronautical study revealed that the stracture 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 stracture would not be a
hazard to air navigation provided the following condition(s) is(are) met:
As a condition to this Determination, the stracture is marked/lighted in accordance with FAA Advisory circular
70/7460-1 K Change 2, Obstraction Marking and Lighting, red lights - Chapters 4,5(Red),&12.
It is required that FAA Form 7460-2, Notice of Actual Constraction or Alteration, be e-filed any time the
project is abandoned or:
At least 10 days prior to start of constraction (7460-2, Part 1)
X Within 5 days after the constraction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
The stracture considered under this smdy lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
Any height exceeding 40 feet above ground level (404 feet above mean sea level), will result in a substantial
adverse effect and would wanant a Detennination of Hazard to Air Navigation.
This determination expires on 02/25/2016 unless:
Page 1 of 8
* (a) the constraction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Constraction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the constraction is subject to the licensing authority of the Federal Communications Comniission
(FCC) and an application for a constraction pennit has been filed, as required by the FCC, within
6 months of the date of this detennination. In such case, the detennination expires on the date
prescribed by the FCC for completion of constraction, or the date the FCC denies the appUcation.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNMCANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on or
before September 24, 2014. 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 to the Manager, Airspace Regulations & ATC Procedures Group,
Federal Aviation Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 04, 2014 unless a petition is timely filed. In which case, this
detemiination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone ~ 202-267-8783 - or facsimile 202-267-9328.
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 constraction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary constraction equipment such as cranes, derricks, etc., which may be
used during acmal constraction of the stracture. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied stracture requires separate notice to the
FAA.
This determination concems the effect of this stracture 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 govemment body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstraction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
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 rales and instrament flight rales; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied stracture when combined with the impact of other existing or proposed
stractures. The study disclosed that the described stracture would have no substantial adverse effect on air
navigation.
Page 2 of 8
Ah 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).
If we can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
conespoudence conceming this matter, please refer to Aeronautical Study Number 2014-AWP-606-OE.
Signature Control No: 206758977-227768420 (DNH)
John Page
Manager, Obstraction Evaluation Group
Attachment(s)
Additional Information
Case Description
Map(s)
Page 3 of 8
Additional information for ASN 2014-AWP-606-OE
The proposal, submitted by Smith Consulting Architects, will constract a 40-foot above ground level (agl)
stracture on rising natural site tenain, in Carlsbad, Califomia. This site point is located approximately 0.95
nautical miles (NM) northeast of the McClellan-Palomar (CRQ) airport reference point. The CRQ Field
Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest civilian public-use landing area.
The site elevation of this proposal is 364 feet amsl.
The stracmre height exceeds the obstraction standards of Title 14 of the Code of Federal Regulations (CFR)
Part 77 as follows:
Section 77.19(d) by 17 feet, because of the rising site tenain ~ a height exceeding the CRQ RWY 24 Approach
Surface.
Details of the proposal were distributed as Public Notice in order to gather aeronautical information from
interested aviation users and other members of the public. No comments or objections were received from the
Public Notice distribution.
The proposal is sited in an existing area of low-rise commercial and residential stractures of similar height, as
viewed on a satellite map.
FAA evaluation finds that the adverse effect of this stracmre is known. There is no significant adverse effect
on aeronautical operations or on the utility of the navigable airspace overlying the site. Sunilar stracmres exist
in the area. Existing obstacles and tenain control the development of ftiture approach and departure Terminal
Instrament Procedures for CRQ. Therefore, no further attempt to negotiate the proposed stractures to lower
heights was considered necessary. This does not affect the right to petition for review determinations regarding
stractures which exceed the subject obstraction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
- None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
- The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
- The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
- The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
- The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of 8
- The proposal would not conflict with airspace required to conduct normal VFR traffic pattem operations at
any known public use or military airports. Application of VFR Traffic Pattem airspace criteria at CRQ finds
that aircraft operations would not be required to change their regular flight course or altimde.
- The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
- The stracture shall be appropriately red obstraction lighted to make it more conspicuous to airmen flying in
VFR weather conditions between sunset and sunrise.
The cumulative impact of the proposed stracture, when combined with other existing stractures is not
considered significant. Smdy did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed constraction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This detemiination, issued in accordance with Part 77, concems the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local govemmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 8
' Case Description for ASN 2014-AWP-606-OE
Constmction of a 2 new 1 story Industrial Buildings.
Page 6 of 8
Verified Map for ASN 2014-AWP-606-OE
Page 7 of 8
Sectional Map for ASN 2014-AWP-606-OE
Page 8 of 8
FILE V City of
C3.rlsb3.ci
NOTICE OF REQUEST FOR A PLANNED UNIT DEVELOPMENT. SITE DEVELOPMENT
PERMIT AND MINOR SUBDIVISION
Notice is hereby given that a Planned Development Permit (PUD), Site Development Permit
(SDP) and Minor Subdivision (MS) have been applied for to allow the construction of two
identical 57,288 square foot industrial buildings with surface parking, landscaping, and outdoor
lunch patios on an 8.29 acre lot (Bressi Ranch Lots 19-22). Each building is divisible for up to
two tenants and includes a mezzanine, loading dock doors and grade level loading doors.
Proposed uses include manufacturing, R&D, warehousing and accessory office space. Parking is
provided at a mixed rate of 2.9 parking spaces per 1,000 square feet. The project is located
within Planning Area 3 of the Bressi Ranch Master Plan, generally south of Palomar Airport
Road, East of El Camino Real, at the northwest corner of Gateway Road and Innovation Way.
If you have any objections to the granting of this PUD/SDP/MS or wish to have an administrative
hearing to discuss the requested PUD/SDP/MS, please notify the Planning Division, 1635
Faraday Avenue, Carlsbad, California 92008, in writing within 10 calendar days of the date of
this notice. If you have any questions, please call Greg Fisher in the Planning Division at (760)
602-4629.
CASE NO.: PUD 15-09/SDP 15-09/MS 15-06
CASE NAME: SHEA INDUSTRIAL - BRESSI RANCH LOTS 19-22
DATE: April 23, 2015
CITY OF CARLSBAD
PLANNING DIVISION
Community & Economic Development
Planning Division
1635 FaradayAvenue I Carlsbad, CA92008 I 760-602-4600 I 760-602-8560fax
W
NOT TO SCALE
SITE MAP
Shea Industrial - Bressi Ranch Lots 19-22
PUD 15-09 / SDP 15-09 / MS 15-06
091.8/0919® 'tiSAV 03AB aiqiJBdiuoo luui Z9 x luai qz IBiuJOi sp ajjanbig
091.8/091.9® ^i8AV miM oiqiiBduioo „8/9 2 x „|. 9Z.IS jaqBj
COUNTY OF SAN DIEGO
PALOMAR AIRPORT RD
CARLSBAD, CA
GATEWAY COLORADO PROPERTIES
INC
PO BOX 4 900
SCOTTSDALE, AZ 85261
SFT CARLSBAD LLC
6519 E BAR Z LN
PARADISE VALLEY, AZ 85253
SARKOZY,STEVEN R & CAROL B
6225 ALVERTON DR
CARLSBAD, CA 92009
FERGUSON FAMILY TRUST
6221 ALVERTON DR
CARLSBAD, CA 92009
FAMEWELL LTD
509 MEFFORD LN
ALLEN, TX 75013
GROGAN,MATTHEW & DIANA
6213 ALVERTON DR
CARLSBAD, CA 92009
PAN,IVAN I-FAN
6209 ALVERTON DR
CARLSBAD, CA 92009
JOSEPH MICHALOWSKI HOUSING
CORP
251 AIRPORT RD
OCEANSIDE, CA 92058
MANZANO FAMILY TRUST
6201 ALVERTON DR
CARLSBAD, CA 92009
MENNIE,GRAHAM & CLAIRE
PO BOX 131436
CARLSBAD, CA 92013
LUND,GARRETT K & LEAH H
2554 DISCOVERY RD
CARLSBAD, CA 92009
CLARKE FAMILY TRUST
2558 DISCOVERY RD
CARLSBAD, CA 92009
TAYLOR,SCOTT
2562 DISCOVERY RD
CARLSBAD, CA 92009
MCCALLUM,JOHN & CAROLE A
1611A S MELROSE DR 304
VISTA, CA 92081
SUTTON,SHANE W
2570 DISCOVERY RD
CARLSBAD, CA 92009
STOCKUNAS,JOSEPH & SUZANNE
257 4 DISCOVERY RD
CARLSBAD, CA 92009
SHARMA,VINAYAK & VISHAKHA
2578 DISCOVERY RD
CARLSBAD, CA 92009
LEPOSKY FAMILY TRUST
2582 DISCOVERY RD
CARLSBAD, CA 92009
PALMER,JASON
6202 TOPIARY ST
CARLSBAD, CA 9200 9
BURLINGAME,JANNIES S
6206 TOPIARY ST
CARLSBAD, CA 92009
JOHNSON,ERIC E
6210 TOPIARY ST
CARLSBAD, CA 92009
HAISHA,LAITH T
6214 TOPIARY ST
CARLSBAD, CA 92009
MILLER,PAUL & LINDA TRUST
6218 TOPIARY ST
CARLSBAD, CA 92009
BHATIA,DEEPU & NANDITA
6222 TOPIARY ST
CARLSBAD, CA 92009
HECKLER BRUCE L & JI YEON JI
NA
2585 DISCOVERY RD
CARLSBAD, CA 92009
KIM,YOUNG IL & HEE
51670 ASHTON CT
GRANGER, IN 4 6530
SELESNICK,JOEL M & GLYNN G
2577 DISCOVERY RD
CARLSBAD, CA 9200 9
PALACIOS,OSEAS JR
2573 DISCOVERY RD
CARLSBAD, CA 92009
WEISS,JOSEPH H REVOC TRUST
88 VIA CASITAS
BONSALL, CA 92003
label size 1" x 2 5/8" compatible with Avery ®5160/8160
Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160
0918/091.9® Ai8AV 09AB 9|q|}Edujoo luui Z9 x uiiu gg IBLUJOJ sp aiianbia
0918/0919® AI9AV qilM 9|q!iEduioo „8/9 2 x „ j. 9Z!S jgqBj
MUSGROVE,MICHAEL E & RANDI R
REV
2565 DISCOVERY RD
CARLSBAD, CA 92009
THRIDANDAM,HAREESH & BHARATHY
2561 DISCOVERY RD
CARLSBAD, CA 92009
MANGUBAT,ARTHUR L & LEDESMA
2557 DISCOVERY RD
CARLSBAD, CA 92009
LUND,TYSON & JENNIFER
2553 DISCOVERY RD
CARLSBAD, CA 92009
CHEATHAM FAMILY TRUST
2552 INGLETON AVE
CARLSBAD, CA 92009
BRUCE FAMILY TRUST
2556 INGLETON AVE
CARLSBAD, CA 92009
LINGENFELTER,CHARLES 2009
TRUST
81 TRINITY ST
OCEANSIDE, CA 92057
HARMON,KEVIN & BREANNA
2564 INGLETON AVE
CARLSBAD, CA 92009
MELLET, FRANCOIS & CAROLYN D
25 68 INGLETON AVE
CARLSBAD, CA 92009
STULLICH,LAWRENCE A &
KATERINA V
2572 INGLETON AVE
CARLSBAD, CA 92009
DREYER-PATTON,JENNIFER
14 61 SAPPHIRE DR
CARLSBAD, CA 92011
FORD FAMILY TRUST
2580 INGLETON AVE
CARLSBAD, CA 92009
GREENBERG OF CALL FAMILY
TRUST
2584 INGLETON AVE
CARLSBAD, CA 92009 .
JOHNSON,JODI M G
2588 INGLETON AVE
CARLSBAD, CA 92009
DILLON,JEFFREY R &
A
2587 INGLETON AVE
CARLSBAD, CA 92009
ELIZABETH
PARK,NEIL I & ANN L
2583 INGLETON AVE
CARLSBAD, CA 92009
FERRERA,ESTELLA & CASEY
2579 INGLETON AVE
CARLSBAD, CA 92009
GALLI,LOGAN W & AMY
2575 INGLETON AVE
CARLSBAD, CA 92009
BARRUETTO,JOSE G & ANNETTE M
2571 INGLETON AVE
CARLSBAD, CA 92009
GARCIA,JAMES A & ANIKA M
2567 INGLETON AVE
CARLSBAD, CA 92009
BALMUTH,BRUCE M & BARBARA
27059 PACIFIC TERRACE DR
MISSION VIEJO, CA 92692
MUNDY,RICHARD J & TERESA
2559 INGLETON AVE
CARLSBAD, CA 92009
PHILLIPS,CHRISTIAN & DENISE
2555 INGLETON AVE
CARLSBAD, CA 92009
QUINBY,DAVID L & LINDA J
2551 INGLETON AVE
CARLSBAD, CA 92009
BRESSI RANCH COMMUNITY ASSN
9665 CHESAPEAKE DR 300
SAN DIEGO, CA 92123
RYAN,THOMAS & CHARLENE
6239 DARTINGTON WAY
CARLSBAD, CA 92009
SEIFERT,MATTHEW
6235 DARTINGTON WAY
CARLSBAD, CA 92009
LOBO FAMILY TRUST
167 9 FISHERMAN DR
CARLSBAD, CA 92011
JEJURIKAR,RAVINDRA R
6227 DARTINGTON WAY
CARLSBAD, CA 92009
PERONA,MARK W
8558 GALWAY PL
SAN DIEGO, CA 9212 9
label size 1" x 2 5/8" compatible with Avery ®5160/8160
Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160
091-8/091.9® ^8AV 09AE 9|q|lBdUJ03 LULU Z9 X UIUJ gz IBUIJOJ 9p 9H9nb|jp
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RILEY,VENISE
6219 DARTINGTON WAY
CARLSBAD, CA 92009
TOMSEY,SCOTT
6215 DARTINGTON WAY
CARLSBAD, CA 92009
GHOSH,SUTAPA
1180 VIA VERA CRUZ
SAN MARCOS, CA 9201i
LAKSHMIN,JAYAKRISHNAN &
ANURADHA
6207 DARTINGTON WAY
CARLSBAD, CA 92009
SKLADANEK,CHARLES E
6203 DARTINGTON WAY
CARLSBAD, CA 92009
SLOUGH CARLSBAD LLC
PO BOX 847
CARLSBAD, CA 92018
CORSAIR MANAGEMENT LIMITED
PARTN
5410 E LA PALMA AVE
ANAHEIM, CA 92807
LOT 23 BRESSI RANCH LLC
221 15TH ST
DEL MAR, CA 92014
OCEAN COLLECTION LLC
PO BOX 13888
VISTA, CA 92085
SCREAMIN EAGLES VENTURES LLC
2530 GATEWAY RD 9
CARLSBAD, CA 92009
2524 GATEWAY LLC
2524 GATEWAY RD
CARLSBAD, CA 92009
SLATER,PLACE
1800 THIBODO RD 320
VISTA, CA 92081
SIR CAMPBELL PLACE INC
255 WASHINGTON ST 300
NEWTON, MA 2458
PIVOTAL 650 CALIFORNIA ST LLC
1702 E HIGHLAND AVE #310
PHOENIX, AZ 85016
FIRST-CITIZENS BANK & TRUST
PO BOX 27131
RALEIGH, NC 27611
LOKE,MARI^DUKE D & DEBRALEE
1822 HUMMOCK LN
ENCINITAS, CA 92024
BTA PARTNERS LLC
6098 INNOVATION WAY
CARLSBAD, CA 92009
RUSHALL & MCGEEVER FAMILY
6100 INNOVATION WAY J
CARLSBAD, CA 92009
VENTURE WALK LLC
6154 INNOVATION WAY R
CARLSBAD, CA 92009
JADL LLC
6128 INNOVATION WAY
CARLSBAD, CA 92009
CALL,MICHAEL C
6130 INNOVATION WAY
CARLSBAD, CA 92009
NORBY,NIELS C & TINA J
6132 INNOVATION WAY K-3
CARLSBAD, CA 92009
BRESSI TOWERS INVESTMENTS LLC
34 68 RICH FIELD DR
CARLSBAD, CA 92010
PASARA INNOVATION LLC
1750 AVENIDA DEL MUNDO 1010
CORONADO, CA 92118
INNOVATION WAY PROPERTIES LLC
6140 INNOVATION WAY
CARLSBAD, CA 92009
BRAINARD CONSULTING LLC
7 03 PALOMAR AIRPORT RD 225
CARLSBAD, CA 92011
K C GRIGGS LLC
6126 INNOVATION WAY Ll
CARLSBAD, CA 9200 9
SALLYS CLOSET LLC
6214 TOPIARY ST
CARLSBAD, CA 92009
959 HOLDINGS LTD LLC
7310 GREBE DR
CARLSBAD, CA 92011
ESTES,DAVID H
2 611 LA GOLONDRINA ST
CARLSBAD, CA 92009
label size 1" x 2 5/8" compatible with Avery ®5160/8160
ftiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160
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TOKALON STREET LLC
6116 INNOVATION WAY L6
CARLSBAD, CA 92009
A A A M G HOLDINGS LLC
2122 S EL CAMINO REAL 200
OCEANSIDE, CA 92054
PACIFIC SHORES HOLDING LLC
3270 GREY HAWK CT
CARLSBAD, CA 92010
BLUE HAT LLC
6965 EL CAMINO REAL 105-6
CARLSBAD, CA 92009
REDONDO SYCAMORE LLC
334 9 BONITA WOODS DR
BONITA, CA 91902
H P J & L ENTERPRISE
7524 NAVIGATOR CIR
CARLSBAD, CA 92011
LUND,CARLTON D & SANDRA L
FAMILY
1342 CASSINS ST
CARLSBAD, CA 92011
JENSEN 2013 TRUST
5110 BERRYESSA ST
OCEANSIDE, CA 92056
PROFLIGHT LLC
5 ALLIANCE DR
GOOSE CREEK, SC 29445
ALPHA STUDIO HOLDINGS LLC
6152 INNOVATION WAY
CARLSBAD, CA 92009
6184 INNOVATION WAY LLC
6184 INNOVATION WAY
CARLSBAD, CA 92009
SALVAGIO FAMILY III LTD
PARTNERS
617 0 INNOVATION WAY
CARLSBAD, CA 92009
INNOVATION WAY LLC
618 6 INNOVATION WAY
CARLSBAD, CA 92009
WHITMORE,MARTIN J 2006
6188 INNOVATION WAY
CARLSBAD, CA 92009
PATTON ROAD LLC
6310 SW PATTON RD
PORTLAND, OR 97221
ACCY INC
6158 INNOVATION WAY
CARLSBAD, CA 92009
SETHI,GAURAV & GANISHA
183 CALLE MAGDALENA 101
ENCINITAS, CA 92024
6160 INNOVATION WAY LLC
560 STEVENS AVE
SOLANA BEACH, CA 92075
EGGHEADVENTURES LLC
134 0 SPECIALTY DR 1
VISTA, CA 92081
CARLSBAD OFFICE HOLDINGS
6168 INNOVATION WAY
CARLSBAD, CA 92009
ALPS INNOVATION LLC
621 S HIGHWAY 101
SOLANA BEACH, CA 92075
COUNTY OF SAN DIEGO & PALOMAR
AI
PALOMAR AIRPORT RD
CARLSBAD, CA
REPUBLIC SERVICES INC
PO BOX 2924 6
PHOENIX, AZ 85038 *** 113 Printed ***
A notice hasbeen mailed to
all property owners/occupants
listed herein.
Dflte:_
Signature:
label size 1" x 2 5/8" compatible with Avery ®5160/8160
Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160
May 22, 2015
TO: Greg Fisher, Assistant Planner
Don Neu, Planning Director
Bridget Desmarais, Administrative Secretary
Sabrina Michelson, Senior Office Specialist
Cecelia Fernandez, Office Specialist
FROM: Michael Elliott, City of Carisbad's Contract Landscape Architect
RE: Landscape Architectural Review - Conceptual Review - 2"*^ Review
Shea Industrial Bressi Ranch - PUD 15-09, SDP 15-09, MS 15-06
Innovation Way
MELA file: 588 -Shea Industrial Bressi Ranch - Con2
Landscape Architect: Ridge Landscape Architects, Phone: (949) 387-1323
All previous comments have been satisfactorily addressed.
SmithConsultingArchitects
May 11, 2015
Don Neu
City of Carlsbad Planning Division
1635 Faraday Avenue
Carisbad, CA 92008 MAY 1 3 2015
SUBJECT: Response to First Review Comments [
Shea Industrial - Bressi Ranch Parcel A
SDP 15-09/ PUD 15-09/ MS 15-06
Dear Don:
Thank you for sending the First Review comments dated May 7, 2015. This letter is our response to
items requiring clarification. We have provided revised documents to accompany this response letter.
RESPONSES
ISSUES OF CONCERN
Pianning:
1. Project file numbers have been provided on all sheets of the entire plan set, including sheets
E1.1 and E1.2..
2. Flight activity zone has been indicated on the site plan, sheet ASI as FAZ.
Engineering:
1. Project IDs have been added to the upper right hand corner of all sheets.
2. The ADT information from the SanDag Traffic Generation Table shown lower on the cover sheet
is now as an overall ADT total in the General Notes section.
3. The Sewer District note has been revised to City of Carisbad.
4. The sewer demand has been revised by the noted factor of 10.
5. The Drainage Basin has been noted as Drainage Basin C in the General Notes and the pre- and
post-developed 100-year drainage flows are shown in the General Notes as well.
6. The project benchmark is to remain as shown on the Site Development Plan as being NAVD88.
A note has been added to the cover sheet adjacent to the benchmari< stating the difference
between NAVD88 and NGVD 1929 and that the latter will be applied to the site at the time of
Construction Drawings and Final Map processing.
7. The note clarifying the need for new conditions, restrictions and agreements being processed
prior to the quitclaiming of the existing CC&Rs and Hold Hannless Agreements has been added.
Smith Consulting Architects
13280 Evening Creeic Drive South, Suite 125
San Diego, CA 92128
P:858-793.4777 | F:858-793.4787
SDP 15-09, MS 15-06, PUD 15-09
Shea Industrial - Bressi Ranch Lot A
May 11, 2015
Page 2
-Continued-
8. Construction Drawings for the Wateriine plans has already been fonwarded to the City of
Carisbad. Furthermore, a copy of the SDP will be sent to the Utilities Manager for their review as
to CMWD's policy.
9. The existence and the effective date of WQCB Order is known. It is anticipated that this project
will have broken ground well in advance of the cutoff date of December 31, 2015.
Landscaping:
1. Low volume or subsurface irrigation note has been added to the Water Management Plan, Sheet
L4.
2. (2) copies of all required plans have been included along with this response letter addressing
comments.
Fire:
No comments provided.
Please do not hesitate to contact us at any time regarding this information, and we will respond to your
questions in a timely manner.
Sincerely,
SMITH CONSULTING ARCHITECTS
Andrew Champion
Project Manager
CiTY OF CARLSBAD
REVIEW AND COMMENT MEMO
*ALWAYS SEND EXHIBITS
DATE: APRIL 20, 2015
PROJECT NO{S):
PROJECT TITLE:
APPLICANT:
PUD 15-09/SDP 15-09/MS 15-06 REVIEW NO: 1 PROJECT NO{S):
PROJECT TITLE:
APPLICANT:
SHEA INDUSTRIAL BRESSI RANCH
PROJECT NO{S):
PROJECT TITLE:
APPLICANT: SMITH CONSULTING
PROJECT NO{S):
PROJECT TITLE:
APPLICANT:
TO:
•
•
•
•
•
•
•
Land Development Engineering
Police Department-J. Sasway
Fire Department - Greg Ryan
Builciing Division - Will Foss
Parks &. Recreation (Parks/Trails) - Liz Ketabian
Parks 8i Recreation (Trees 8i Medians) - Kyle Lancaster
Public Works Department (Streets)
Public Works Department (Traffic) - John Kim
Public Works Department (Design) - David Ahles
SANDAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
FROM: PLANNING DIViSION /(v»U*V
• Public Works (Storm Drain) - Clayton Dobbs
0 Public Works (Wastewater) - Don Wasko
• Public Works (Water)-Eric Sanders
1 I Water/Sewer District
O Landscape Plancheck Consultant - PELA
n School District
O North County Transit District - Planning Dept.
0 Sempra Energy - Land Management
1 I Caltrans (Send anything adjacent to 1-5)
State of California Dept. of Transportation
Planning Division, ATTN: Jacob Armstrong
4050 Taylor Street, MS 240
San Diego, CA 92110
Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday
Avenue, by 5/8/15. 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.
Thank you
COMMENTS:
Sigr/a grfature Date
PLANS ATTACHED
Review 8i Comment 8/14
4
4' CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
*ALWAYS SEND EXHIBITS
DATE: APRIL 20. 2015
PROJECT NO(S): PUD 15-09/SDP 15-09/MS 15-06 REVIEW NO: 1
PROJECTTITLE: SHEA INDUSTRIAL BRESSI RANCH
APPLICANT: SMITH CONSULTING
TO:
•
•
•
•
•
•
•
Land Development Engineering
Police Department-J. Sasway
Fire Department - Greg Ryan
Building Division - Will Foss
Parks &. Recreation (Parks/Trails) - Liz Ketabian
Parks 8i Recreation (Trees & Medians) - Kyle Lancaster
Public Works Department (Streets)
Public Works Department (Traffic) - John Kim
Public Works Department (Design) - David Ahles
SANDAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
n Public Works (Storm Drain) - Clayton Dobbs
• Public Works (Wastewater) - Don Wasko
• Public Works (Water)-Eric Sanders
n Water/Sewer District
r~| Landscape Plancheck Consultant - PELA
n School District
n North County Transit District - Planning Dept.
r~l Sempra Energy - Land Management
n Caltrans (Send anything adjacent to 1-5)
State of California Dept. of Transportation
Planning Division, ATTN: Jacob Armstrong
4050 Taylor Street, MS 240
San Diego, CA 92110
FROM: PLANNING DIVISiON /
Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday
Avenue, by 5/8/15. 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.
Thank you
COMMENTS:
5--/-A'
Signature Date
PU\NS ATTACHED
Review 8i Comment 8/14
l[jcity of Carlsbad
June 4, 2015
Smith Consulting Architects
Attn: Pete Bussett
13280 Evening Creek Drive South, Suite 125
San Diego, CA 92128
SUBJECT: PUD 15-09/SDP 15-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH - Request for
approval of a Minor Nonresidential Planned Development Permit, Minor Site Development Plan and
Tentative Parcel Map to allow for the subdivision of an existing 8.3 acre previously graded site into two
(2) parcels; the development of two 57,288 square foot two-story industrial/office buildings; and the
sharing of parking, access, employee eating areas, and drainage facilities on property generally located
northwest of the intersection of Gateway Road and Innovation Way (APN 213-261-16) within the P-M
(Planned Industrial) Zone, Bressi Ranch Master Plan (MP 178), Planning Area 3, and Local Facilities
Management Zone 17.
Dear Mr. Bussett,
The City Planner has completed a review of the applications for a Minor Nonresidential Planned
Development Permit, Minor Site Development Plan and Tentative Parcel Map located on the northwest
corner ofthe intersection of Gateway Road and Innovation Way.
The City Planner has made a decision pursuant to Sections 20.24.120, 21.06.070, and 21.47.06 ofthe City
of Carlsbad Municipal Code to approve the Minor Nonresidential Planned Development Permit, Minor
Site Development Plan and Tentative Parcel Map based on the findings and subject to the conditions listed
below.
Findings:
Minor Nonresidential Planned Development Permit:
1. That the granting of this permit will not adversely affect and will be consistent with the Municipal
Code, the General Plan, applicable specific plans, master plans, and all adopted plans ofthe City
and other governmental agencies, in that the proposed project Is consistent with the Planned
industrial (PI) General Pian Land Use designation and ail development standards ofthe Planned
industrial (P-M) Zone, the Bressi Ranch Master Pian (MP 178), and Title 20 and 21 regulations
governing subdivisions and the design of nonresidential planned developments.
2. That the proposed use at the particular location is necessary and desirable to provide a service or
facility which will contribute to the general long-term well-being of the neighborhood and
community, in that the proposed nonresidential planned deveiopment wili be located on an
existing Planned Industriai (P-M) zoned iot. The project is compatibie with the surrounding
planned industriai and residential uses, and the McClelian-Palomar Airport; will provide
Community 8f Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-4660 | 760-602-8560 f | www.carlsbadca.gov
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 2
opportunities for separate ownership of buildings and the sharing of parking, access, employee
eating areas, and drainage facilities; as well as employment opportunities for local adjacent
residents.
3. That such project will not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that
the project meets all applicable city standards and ordinances, including the McClellan-Palomar
Airport Comprehensive Land Use Plan, and all public facilities and services exist. Adequate
parking, access, and drainage facilities for the project site will be provided to each ofthe parcels
via a covenant of reciprocal private easements for drainage, parking, and access purposes, as
well as a joint use parking agreement for the sharing of parking in perpetuity. The project
includes all necessary features to adjust the development to the surrounding land uses including
setbacks, parking, and landscaping. The nonresidential planned development will not pose a
safety hazard to the occupants of the surrounding industrial zone.
4. That the proposed non-residential planned development meets all ofthe minimum development
standards ofthe underlying zone, in that no variances from development standards have been
requested or required. The project conforms to the applicable requirements for building height,
lot coverage requirements, and architectural design criteria and performance standards of the
P-M zone (Chapter 21.34 of the Zoning Ordinance) and the Bressi Ranch Master Plan (MP 178).
All required parking will be provided onsite, ail setbacks are provided, and all required outdoor
employee eating/rest areas will be provided.
Minor Site Development Pian:
5. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives ofthe General Plan, will not be detrimental
to existing uses or to uses specifically permitted in the area in which the proposed use is to be
located, and will not adversely impact the site, surroundings or traffic circulation, in that the
project consists of the development of two (2), two-story industrial office buildings with surface
parking for 331 vehicles, indoor (2,750 sq. ft.) and outdoor (4,125 sq. ft.) employee eating areas,
perimeter and parking iot landscape, drainage facilities and other ancillary improvements
necessary to develop the project on the existing 8.3-acre previously graded site located at the
northwest corner of innovation Way and Gateway Road within the Bressi Ranch Master Plan.
The project site is surrounded by a vacant Planned Industrial (P-M) zoned property to the north;
and developed planned industrial uses to the east and west. Existing single-family homes are
developed to the south, which are adequately separated by landscaping, Gateway Road and a
6-foot tall noise wall. The proposed industrial office use is consistent with the Planned
industrial (Pi) General Plan Land Use and Planned Industrial (P-M) Zoning designations for the
site; all roadways and improvements necessary to serve the development exist, and no
additional improvements are required; the project is located outside the 60 dBA CNEL noise
contour of the McClellan-Palomar Airport, and all future buildings will be conditioned to be
sound attenuated to meet the 55 dBA CNEL interior noise level standards for nonresidential
construction. The project will not adversely impact the site, surroundings, or traffic circulation
in that the project complies with all applicable development standards, including the Bressi
Ranch Master Plan industrial/Office Development Standards & Design Guidelines; and the
existing surrounding streets, which are fully improved, have adequate capacity to
accommodate the 638 Average Daily Trips (ADT) generated by the project as previously
analyzed in the Bressi Ranch Master Plan Final Environmental Impact Report (EIR 98-04).
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 3
6. That the site for the intended use is adequate in size and shape to accommodate the use, in that
the project complies with all development standards of the Planned Industrial (P-M) Zone
(Chapter 21.34 of the Carlsbad Municipal Code) and the Bressi Ranch Master Plan
(Industrial/Office Deveiopment Standards & Design Guidelines), including setbacks, buiiding
coverage, employee eating, landscaping, parking, and height restrictions.
7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the two (2), two-story industrial office
buildings, surface parking, employee eating areas, perimeter and parking lot landscape,
drainage facilities and other ancillary improvements can all fit within the developable area and
all applicable development standards of the Planned industrial (P-M) Zone (Chapter 21.34 of
the Carlsbad Municipai Code) and the Bressi Ranch Master Plan (industrial/Office Development
Standards & Design Guidelines) have been met. Landscaping and earthen berms are proposed
to screen the parking areas. Loading areas have been screened through the combined use of
building orientation, landscaping, and screen walls. Adequate vehicle circulation has been
provided to accommodate safety and truck turning movements. Access to the site wiil be
provided via an existing driveway on Innovation Way in accordance with the Bressi Ranch
Master Plan, Exhibit Vli-1 (Industrial Driveway Locations). Pedestrian connections to the overall
pedestrian circulation system of Bressi Ranch have been provided at innovation Way and aiso
at the intersection of Innovation Way and Gateway Road.
8. That the street system serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the proposed industrial/office use is consistent
with the uses analyzed in the circulation analysis prepared for the Final Environmental impact
Report (EIR 98-04) for the Bressi Ranch Master Plan; and the existing surrounding streets, which
are fully improved, have adequate capacity to accommodate the 638 Average Daily Trips (ADT)
generated by the project.
Tentative Parcel Map:
9. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements ofthe General Plan, any applicable
specific plans. Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act,
and will not cause serious public health problems, in that the proposed development consists of
two (2) buildings for industrial office use, which implements the Planned Industriai (Pt) General
Plan Land Use designation for the property. Furthermore, the Planned Industrial (Pi) General
Plan Land Use designation allows for industrial lots; and the parcels being created satisfy ail
minimum requirements of Title 20 and 21 governing lot size and configuration; and have been
designed to comply with ail applicable City regulations, including the Bressi Ranch Master Pian
(MP 178).
10. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for Planned Industrial (Pi) and Residential Medium (RM) Density
development on the General Pian, in that surrounding properties to the north, east, and west
are designated for and/or developed with planned industrial type land uses and the
surrounding residential properties to the south are sufficiently buffered by landscaping.
Gateway Road and 6 foot tall masonry walls.
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 4
11. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that all required deveiopment standards and public facilities requirements required by Titles 20
and 21 of the Carlsbad Municipal Code, including the Bressi Ranch Master Plan (MP 178), have
been incorporated without the need for any variances from development standards.
12. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the proposed
subdivision has been designed and conditioned such that there are no conflicts with established
easements.
13. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
14. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the parcels are larger than the one-
acre minimum lot area requirement of the Planned Industrial (P-M) Zone, which allows for
adequate building separation in achieving greater solar exposure and circulation of air.
15. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the subject property is a previously graded site. Additionally, the proposed parcels are not
within a preserve area of the adopted Carlsbad Habitat Management Plan. The project area is
a designated development area in the Bressi Ranch Master Plan (MP 178), for which a Final
Environmental impact Report (EIR 98-04) was prepared.
16. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the developer has prepared a
preliminary Storm Water Management Plan to identify pollutants of concern and incorporate
best management practices to either avoid contact with storm water or filter poiiutants to the
maximum extent practicable; earth drainage swales and bio-retention areas are incorporated
into the subdivision design for filtration of storm water runoff; the project is conditioned to
incorporate Low impact Design (LID) techniques and to compiy with hydromodification
requirements.
General
17. That the City Planner finds that the project, as conditioned herein, is in conformance with the
Elements of the City's General Plan and the Bressi Ranch Master Plan, in that the proposed
industriai office uses are consistent with the Planned Industrial (PI) General Plan Land Use and
Planned Industrial (P-M) Zoning designations for the site; all roadways and improvements
necessary to serve the development exist, and no additional improvements are required; the
project is located outside the 60 dBA CNEL noise contour ofthe McClellan-Palomar Airport, and
future buildings will be conditioned to be sound attenuated to meet the 55 dBA CNEL interior
noise level standards for nonresidential construction.
PUD 15-09/SDP 15-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 5
18. 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; government
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 building permit.
c. The Local Facilities Management fee for Zone 17 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
d. A growth management park fee of $0.40 per square foot of non-residential
development will be coiiected 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.
18. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
19. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar
Airport, dated April 1994, in that the Federal Aviation Administration (FAA) completed an
aeronautical study under the provisions of the Code of Federal Regulations, Part 77, (February
2014), which resulted in a determination thatthe proposed project does not exceed obstruction
standards, would not be a hazard to air navigation, and no special lighting or markings on the
buildings are necessary for aviation safety. The site is however, subject to the iimitations on
intensity of use because the project is partly located in the Flighty Activity Zone (FAZ). As such,
all assembly areas defined as Group-A by the 2001 California Building Code are limited to a
maximum occupancy of 100 persons. 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
land use is compatible with the airport, in that the property is located outside of the 60 db(A)
CNEL contour.
20. The City Planner has determined that:
a. the project is a subsequent activity ofthe 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)l; and/or
PUD 15-09/SDP 1S-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 6
b. this project is consistent with the Master Plan cited above; and
c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City Councii on July 9,
2002 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. 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.
21. The City Planner has reviewed each ofthe exactions imposed on the Developer contained in this
resolution, 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 ofthe exaction is
in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading
or building permit, or approval ofthe final parcel map, whichever is first.
Planning
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; 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 Minor Nonresidential
Planned Development Permit, Minor Site Development Plan and Tentative Parcel Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Nonresidential Planned Development Permit, Minor Site
Development Plan and Tentative Parcel Map 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PUD 15-09/SDP 15-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 7
4. If any condition for construction 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 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 condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, 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 Minor Nonresidential Planned Deveiopment Permit,
Minor Site Development Plan and Tentative Parcel Map, (b) City's approval or issuance of any
permit or action, whether discretionary or nondiscretionary, 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 electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the City's approval is not
validated.
6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the (Tentative
Parcel Map and Site Pian) reflecting the conditions approved by the final decision-making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. 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 $0.40 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 empioyees within Local Facilities
Management Zone 17.
9. 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 ofthe application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Parcel Map.
10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carisbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
17, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 8
11. 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 City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Minor Nonresidential Planned Development Permit, Minor
Site Development Plan and Tentative Parcel Map on the property. Said Notice of Restriction
shall note the property description, location ofthe 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 City Planner 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.
12. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Minor Nonresidential Planned Development Permit document(s) necessary
to make them internally consistent and in conformity with final action on the project.
Development shall occur substantially as shown in the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
13. All assembly areas defined as Group "A" by the 2001 California Building Code are limited to a
maximum occupancy of 100 persons. This restriction applies to ail permitted uses, ancillary
uses, and uses allowed by a CUP.
14. Developer shall submit and obtain City Planner 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 and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
16. 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.
17. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, or any transfer in ownership of the site.
18. 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 City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction ofthe City Planner.
19. 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 City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
PUD 15-09/SDP 15-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 9
20. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
21. Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction ofthe City Planner.
22. Developer shall establish an owner's association and corresponding covenants, conditions and
restrictions (CCSiRs). Said CC&Rs shall be submitted to and approved by the City Planner prior to
final map approval. Prior to issuance of a building permit, the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy ofthe final approved amendment shall be transmitted to City within
30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event that
the Association fails to maintain the "Common Area Lots and/or the Association's
Easements" as provided in Article , Section the City shall
have the right, but not the duty, to perform the necessary maintenance. If the City elects
to perform such maintenance, the City shall give written notice to the Association, with a
copy thereof to the Owners in the Project, setting forth with particularity the
maintenance which the City finds to be required and requesting the same be carried out
by the Association within a period of thirty (30) days from the giving of such notice. In
the event that the Association fails to carry out such maintenance ofthe Common Area
Lots and/or Association's Easements within the period specified by the City's notice, the
City shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
d. Special Assessments Levied bv the City. In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the City shall
submit a written invoice to the Association for all costs incurred by the City to perform
such maintenance of the Common Area Lots and or Association's Easements. The City
shall provide a copy of such invoice to each Owner in the Project, together with a
statement that if the Association fails to pay such invoice in full within the time specified,
the City will pursue collection against the Owners in the Project pursuant to the provisions
of this Section. Said invoice shall be due and payable by the Association within twenty
(20) days of receipt by the Association. If the Association shall fail to pay such invoice in
fuil within the period specified, payment shall be deemed delinquent and shall be subject
to a late charge in an amount equal to six percent (6%) of the amount of the invoice.
Thereafter the City may pursue collection from the Association by means of any remedies
PUD 15-09/SDP 15-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 10
available at law or in equity. Without limiting the generality ofthe foregoing, in addition
to all other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal pro rata share of
the invoice, plus the late charge. Such special assessment shall constitute a charge on the
land and shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power to levy
such special assessment, to impose a lien upori their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and his/her
respective Lot for purposes of collecting such special assessment in accordance with the
procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit "A" - "V."
f. The required CC&Rs shall assign to a governing board the responsibility for reviewing
all future/proposed tenant improvements for the project to ensure that the number of
required parking spaces to accommodate the combined proportions of uses, based on
the parking ratios required pursuant to Chapter 21.44 of the Carlsbad Municipal Code,
does not exceed 302 spaces.
g. The location and size of all employee eating areas, parking areas, and landscaped areas
within the project, as shown on Exhibit "A - V", shall not be altered, reduced, fenced,
or divided to preclude the equal use by all owners/employees of the site.
h. Prior to submitting building plans for tenant improvements to the City of Carlsbad
Buiiding Division, the governing board shall be required to approve the tenant
improvement plans for purposes of assuring an adequate distribution of parking spaces.
i. All on-site parking and access aisles/driveways shall be shared between all uses in
perpetuity.
23. This approval shall become null and void if building permits are not issued for this project within
24 months from the date ofthe recordation ofthe final parcel map.
24. The Minor Nonresidential Planned Development Permit (PUD 15-09) and Minor Site
Development Plan (SDP 15-09) shall expire concurrently with the Tentative Parcel Map (MS 15-
06).
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed subdivision, must be met prior to approval of a parcel map, grading permit or building
permit whichever occurs first...
General
1. 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.
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 11
2. 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 permit issuance and will continue
to be available until time of occupancy.
3. Developer shall submit to the city engineer an acceptable instrument, via CC&R's and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private drive aisles, parking
areas, water line fire hydrants, dry utilities, sidewalks, landscaping, parking area lighting, water
quality treatment measures, low impact development features and located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of the
properties within this subdivision.
4- Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide
this project. Developer shall pay the city standard map review plan check fees.
5. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
6. 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.
7. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
8. 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.
Grading
9. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, 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 pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
10. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near the
end of 2015, which may affect the design of this project. Unless construction has commenced
prior to the effective date of the Order, prior to the issuance of a grading permit. Developer
shall demonstrate compliance with latest storm water requirements to the satisfaction ofthe city
engineer.
11. 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.
PUD 15-09/SDP 1S-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 12
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.
12. 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.
13. 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.
14. This project is subject to 'Priority Development Project' requirements. 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.
Developer acknowledges that the requirements of Order No. R9-2013-0001 issued by the
California Regional Water Quality Controi Board become effective near the end of 2015 and wiil
cause the city to replace the city's SUSMP with a BMP Design Manual, yet to be developed.
15. Developer acknowledges hydromodification (runoff reduction) requirements impact how 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
ofthe 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 of the city engineer.
16. 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, applicable hydromodification measures, and Low Impact Design (LID) facilities.
17. 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
18. Existing on-site public facilities including water lines, fire hydrants and sewer mains shall be
abandoned and removed to the satisfaction of the city engineer. Easements serving these
public improvements shall be vacated or quitclaimed to the satisfaction of the city engineer.
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 13
19. All proposed private water mains and private fire hydrants shall be designed and
constructed to the satisfaction of the city fire marshal.
20. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the 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.
21. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative map. Said improvements shall be installed to city standards
to the satisfaction ofthe city engineer. These improvements include, but are not limited to:
A. Public water main extensions to the right of way line.
B. Public sewer manhole.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval ofthe subdivision or development
improvement agreement or such other time as provided in said agreement.
22. Developer shall design all proposed public improvements as shown on the tentative map. These
improvements shall be shown as a Construction Revision to an existing record public
improvement drawing. Developer shall pay plan check and inspection fees using improvement
valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain
a right-of-way permit prior to performing work in the city right-of-way.
23. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction ofthe
city engineer.
24. 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.
Non-Mapping Notes
25. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
1. Public water main extensions to the right of way line.
2. Public sewer manhole.
PUD 15-09/SDP 15-09/MS 15-06- SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 14
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
D. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
Utilities
26. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire
hydrant locations, building sprinklers) required to serve the project.
27. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
28. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
29. 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.
30. 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.
31. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
32. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the tentative map to the satisfaction of the district engineer and city
engineer.
33. The developer shall provide separate potable water meters for each separately owned parcel
within this subdivision.
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 15
Code Reminders:
34. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 17 as required by Carlsbad Municipal Code Section 21.90.050.
35. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
a'
the Carlsbad Municipal Code.
36. 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.
37. This tentative parcel map will expire twenty-four (24) months from the date of the final approval
notice issued by the City Planner.
38. Developer shall pay traffic impact and sewer impact fees based, on Section 18.42 and Section
13.10 ofthe City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area shown on the tentative parcel map are for planning purposes only.
39. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
40. 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 City Planner prior to
installation of such signs.
41. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction ofthe city engineer.
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
Carlsbad 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.
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.
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
June 4, 2015
Page 16
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $661.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact the Project Planner, Greg Fisher, at 760-602-4629.
Sincerely,
DON NEU, AlCP
City Planner
DN:GF:bd
c: Shea Properties, Jon Marchiorlatti, 130 Vantis, Suite 200, Aliso Viejo, CA 92656
Don Neu, City Planner
Van Lynch, Senior Planner
Steve Bobbett, Project Engineer
Fire Department, Gregory Ryan
File Copy
DMS/Data Entry
FILE Ccityof
Carlsbad
May 26, 2015
Peter Bussett
Smith Consulting Architects
Suite 125
13280 Evening Creek Drive South
San Diego, CA 92128
SUBJECT: PUD 15-09/SDP 15-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH
Dear Peter Bussett,
Your project was deemed complete on May 7, 2015. There are issues of concern with the project that
remain to be resolved. The issues are listed on the attached page(s). All issues will need to be resolved
prior to the project being approved by the City Planner.
Please contact me at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss
the application.
Sincerely,
GREG FISHER
Associate Planner
GF:fn
Attachment: Engineering Redlines
c: Slater Place, LP, Suite 320,1800 Thibodo Road, Vista, CA 92091
Jon Marchiorlatti, Shea/Acquisition, LLC, Suite 200,130 Vantis, Aliso Viejo, CA 92656
Van Lynch, Senior Planner
Steven Bobbett, Project Engineer
Michele Masterson, Senior Management Analyst
File Copy
Data Entry
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601760-602-8560 f | www.carlsbadca.gov
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
May 26, 2015 srs*^ | |;
Page 2 if J
ISSUES OF CONCERN
Planning:
Please change the order ofthe project numbers on all ofthe plans to PUD 15-09/SDP 15-09/MS 15-06.
Engineering:
Land Development Engineering (LDE) division staff has completed a second review of the above-
referenced project for application completeness. The application and plans submitted for this proposed
project remain complete. Below is a list of engineering issues that need to be resolved prior to
resubmittal,
1. Subsequent to the first review by Land Development Engineering, a first review was completed by
the Utilities Manager and utility staff. It has been determined that all on-site water lines and fire
hydrants are to be private, not public facilities. The tentative map should be revised to show:
• All references to on-site public water line easements should be removed.
• Double detector check valves should be shown at the private water line connection points
to public water lines. They should be out ofthe public right of way and not in any proposed
public water line easements.
• All water services and water meters should be relocated to the project frontage of
Innovation Way or Gateway Road.
• All on-site water facilities including water lines and fire hydrants should be labeled as
private.
• The legend should be revised to indicate that the on-site water main, on-site fire hydrants
and the double detector check valves are private.
• These revisions should be shown on all affected sheets of the tentative map, architectural
drawings and landscape plans.
Landscaping:
All previous comments have been satisfactorily addressed.
^Alylf
Carlsbad May 7, 2015
Peter Bussett
Smith Consulting Architects
13280 Evening Creek Drive South, Suite 125
San Diego, CA 92128
SUBJECT: 1st REVIEW FOR PUD 15-09/SDP 15-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Non-Residential Planned Development Permit, Site Development Plan and Tentative Parcel Map
applications no. PUD 15-09/SDP 15-09/MS 15-06, 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 wiil begin processing your application as of the
date of this communication.
At this time, the City asks that you provide two complete sets of the development plans so that the
project can continue to be reviewed. The Citv will compiete the review of vour resubmittal within 25
davs.
In order to expedite the processing of your application, you are strongly encouraged to contact your
Staff Planner, Greg Fisher, at (760) 602-4629, 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.
• PELA (Landscape Consultant): Michael Elliott, Landscape Architect, at (760) 944-8463.
• Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661.
Sincerely,
DON NEU, AlCP
City Planner
DN:GF:bd
attachments
c: Slater Place, LP, 1800 Thibodo Road, Suite 320, Vista, CA 92091
Shea/Acquisition, LLC, Attn: Jon Marchiorlatti, 130 Vantis, Suite 200, Aliso Viejo, CA 92656
Don Neu, City Planner
Steve Bobbett, Project Engineer
Michele Masterson, Senior Management Analyst
Fiie Copy
Data Entry
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601760-602-8560 f | www.carlsbadca.gov
Pl|)|5^J/iDP 15-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH
'•],4^jyf, 20^5
Page 2
ISSUES OF CONCERN
Planning:
1. Please label the project file numbers on each sheet of the entire plan set. The file numbers are as
follows: PUD 15-09/SDP 15-09/MS 15-06.
2. As identified on Appendix H of the Airport Land Use Compatibility Plan (Amended October 4, 2004),
please plot the Flight Activity Zone (FAZ) on the site plan.
Engineering:
1. Add all project ID's to the upper right hand corner of the first sheet of the tentative map.
2. Information provided in the general note column should include average daily traffic (ADT) per
Sandag's not so brief traffic generation table.
3. Sewer district in the general note column should refer to the City of Carlsbad.
4. Sewer demand should be calculated at 1 EDU per 1,800 s.f. of building space, not 18,000 s.f.
5. Information provided in the general note column should include the pre and post drainage discharge
volumes in CFS. Indicate the Drainage Basin as Basin C.
6. The project benchmark should use the city standard datum, NGVD 29 rather than NAVD 88 as
shown. Per the city engineering standards. Volume 1, Chapter 2, Standards for the Digital Submittal
of Maps and Plans, all project construction drawings will be required to use the NGVD 29 datum.
These requirements will apply to all maps and construction drawings.
7. The note in the lower right hand corner of Sheet 3 referring to quitclaiming of CC&Rs and
agreements should reflect that existing documents will be replaced with similar agreements prior to
being quitclaimed.
8. Note: A copy of the tentative map has been requested to be sent to the Utilities Manager.
Additional comments will be forthcoming regarding the public/private nature of the on-site water
line and fire hydrants.
9. Note: California Regional Water Quality Control Board Order No. R9-2013-0001 becomes effective
near the end of 2015. This order may affect the design of this project. Developer is advised that,
unless construction has commenced prior to the effective date of the Order, the developer shall
demonstrate compliance with storm water requirements per Order No. R9-2013-0001 to the
satisfaction of the city engineer prior to the issuance of any development permit.
Landscaping:
Please advise the applicant to make the following revisions to the plans so that they will meet the
requirements ofthe City of Carlsbad's Landscape Manual.
Numbers below are referenced on the red line plans where appropriate for ease in locating the area of
the comment concern.
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
May 7, 2015
Page 3
1. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any
vegetation within twenty-four inches of an impermeable surface unless the adjacent
impermeable surfaces are designed and constructed to cause water to drain entirely into a
landscaped area.
2. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored
water use plan) for the next submittal. Please provide a written response to all comments
clearly indicating where and how each comment was addressed.
Ccityof
Carlsbad
May 7, 2015
Peter Bussett
Smith Consulting Architects
13280 Evening Creek Drive South, Suite 125
San Diego, CA 92128
SUBJECT: 1st REVIEW FOR PUD 15-09/SDP 15-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Non-Residential Planned Development Permit, Site Development Plan and Tentative Parcel Map
applications no. PUD 15-09/SDP 15-09/MS 15-06, 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.
At this time, the City asks that you provide two complete sets of the development plans so that the
project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25
davs.
In order to expedite the processing of your application, you are strongly encouraged to contact your
Staff Planner, Greg Fisher, at (760) 602-4629, 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.
• PELA (Landscape Consultant): Michael Elliott, Landscape Architect, at (760) 944-8463.
• Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661.
Sincerely,
DON NEU, AlCP
City Planner
DN:GF:bd
attachments
c: Slater Place, LP, 1800 Thibodo Road, Suite 320, Vista, CA 92091
Shea/Acquisition, LLC, Attn: Jon Marchiorlatti, 130 Vantis, Suite 200, Aliso Viejo, CA 92656
Don Neu, City Planner
Steve Bobbett, Project Engineer
Michele Masterson, Senior Management Analyst
File Copy
Data Entry
Community & Economic Development
Planning Division | 1635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46601 760-602-8560 f | www.carlsbadca.gov
PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH
May 7, 2015
Page 2
ISSUES OF CONCERN
planning:
1. Please label the project file numbers on each sheet of the entire plan set. The file numbers are as
follows: PUD 15-09/SDP 15-09/MS 15-06.
2. As identified on Appendix H of the Airport Land Use Compatibility Plan (Amended October 4, 2004),
please plot the Flight Activity Zone (FAZ) on the site plan.
Engineering:
1. Add all project ID's to the upper right hand corner of the first sheet of the tentative map.
2. Information provided in the general note column should include average daily traffic (ADT) per
Sandag's not so brief traffic generation table.
3. Sewer district in the general note column should refer to the City of Carlsbad.
4. Sewer demand should be calculated at 1 EDU per 1,800 s.f. of building space, not 18,000 s.f.
5. Information provided in the general note column should include the pre and post drainage discharge
volumes in CFS. Indicate the Drainage Basin as Basin C.
6. The project benchmark should use the city standard datum, NGVD 29 rather than NAVD 88 as
shown. Per the city engineering standards. Volume 1, Chapter 2, Standards for the Digital Submittal
of Maps and Plans, all project construction drawings will be required to use the NGVD 29 datum.
These requirements will apply to all maps and construction drawings.
7. The note in the lower right hand corner of Sheet 3 referring to quitclaiming of CC&Rs and
agreements should reflect that existing documents will be replaced with similar agreements prior to
being quitclaimed.
8. Note: A copy of the tentative map has been requested to be sent to the Utilities Manager.
Additional comments will be forthcoming regarding the public/private nature of the on-site water
line and fire hydrants.
9. Note: California Regional Water Quality Control Board Order No. R9-2013-0001 becomes effective
near the end of 2015. This order may affect the design of this project. Developer is advised that,
unless construction has commenced prior to the effective date of the Order, the developer shall
demonstrate compliance with storm water requirements per Order No. R9-2013-0001 to the
satisfaction ofthe city engineer priorto the issuance of any development permit.
Landscaping:
Please advise the applicant to make the following revisions to the plans so that they will meet the
requirements of the City of Carlsbad's Landscape Manual.
Numbers below are referenced on the red line plans where appropriate for ease in locating the area of
the comment concern.
PUD 15-09/SDP 15-09/MS 15-06 - SHEA INDUSTRIAL BRESSI RANCH
May 7,2015
Page 3
1. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any
vegetation within twenty-four inches of an impermeable surface unless the adjacent
impermeable surfaces are designed and constructed to cause water to drain entirely into a
landscaped area.
2. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored
water use plan) for the next submittal. Please provide a written response to alt comments
cleariy indicating where and how each comment was addressed.
J
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•
South Elevation Building 1
V
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East Elevation Building 1 East Elevation Building 2
Shea Industrial
Bressi Ranch Lot A
Carlsbad, CA
Revised Building Elevations 13 April 2015
13280 Evening Creek Drive South
Suite 125
San Diego, CA 92128
858.793.4777
858.793.1787 fax
13073.S
SmithConsultingArchitects ^