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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 • CondlUomtUitPwmttC) • Minor QExtwilon Q Envlronm«nUllmpae(A«««Mm«nt • HibtlafMtn*e«nt*ntp*imK • Minor • Hltlild«0«v*lopm*nlP«nnltn ^ PMiMiarf D»miop«n«n(P«rfflK • RMldanMI [ZlNon-R«ild«n!l8l O PlantwdlnditstrliilPorniH Q Ptonnln0 Commftilon D«tomifn«Uon (S SKtOavalopmantPtan - Minor O Sp««Iil Uw PoimK GO T«nii1lv«TM<it«ll«p/P«KiriM»p O Vartino* • Admlnisintiv* (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 djAcfenltltiraBva • Minor • Major yillitttlfvifKAfnir Ftmltt Q RavtawParmlt • 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 1. isyowpR^iwiTEOTOconafrwjsnsiisw^^^ IhelotoMng taidcorartnii^ fo dtreirt stoim WMSr iWl^te sdaoMU veoalatBd anas, or othar noiveredlMepsmsaaMe aress: OR ^)<te«^^ psvad Btieeia madsrOR 0) dMfl^sd ^1^^ wcwdsnw virtth U«®'A GMon sw^^ X 2. lsyourpnjsetitMrrS}TO«a!rofKI|naori«<to«a»^ 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 y 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 '//.I .OCEAN SI DE^(OKB) 'Asos'fiay.s 2e'L27^123 d np'24 ViSTA ^e.CLELLAN\PALOMAR (CRQ)*- ^CT.^ 118'6--*^OrATIS 120.15 , 33 ' CARLSBAD Dire<fory ^ fc) •H hf* ' OCEANSIDE ^ ^ stack VISTA" \ ESC ; SAN DIE( ^ CLASS I 696 .• ' 100 ENCINITAS ICAUTION INTENSIVE| ^ JET^TRA^FfC^f CARIF I i l! '1 100 48^ 7 1^ \7\cAutioN r I 1 00 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 091.8/0919® qHM 9|q|}Bdujoo ..8/9 2 x „ 19ZIS |9qB| 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 0918/091-9® ^8AV 39AB 9|qpdmo3 UIIU IQ X UIUJ 92 }BUiJ0) 8p gu9nb!}^ 091-8/091-9® AI3AV i|HM aiqpduioo „8/g 2 x ..i gzjs |9qB| 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 —r • South Elevation Building 1 V I ' c 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 ^