HomeMy WebLinkAboutSDP 2018-0008; VIASAT BRESSI RANCH CAMPUS; Site Development Plan (SDP)• -,.... ___________ _,-..._ ______________ ...311!,... ___________ ---,
{'city of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
D Coastal Development Permit D Minor
D Conditional Use Permit
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit
D Hillside Development Permit
D Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
~ Site Development Plan ~ Minor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
s O,f
"-11.-oool'i
D General Plan Amendment
D Local Coastal Program Amendment
□ Master Plan D Amendment
□ Specific Plan D Amendment
□ Zone Change
D Zone Code Amendment
South Carlsbad Coastal Review Area
Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
(FOR DEPT. USE ONLY)
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
213-260-12-00
2521 GATEWAY ROAD
(STREET ADDRESS)
VIASAT BRESSI RANCH CAMPUS
ADDITION OF 100K SFT BUILDING 17, EXPANSION OF PARKING STRUCTURE P-3 WITH
ASSOCIATED GRADING AND LANDSCAPE REVISIONS
$45,337,219.00 ESTIMATED COMPLETION DATE AUGUST, 2020
Development No. DfV Z-OI(, -0 0 1$" Lead Case No.
P-1 Page 1 of 6 Revised 03/17
. . •
OWNER NAME
INDIVIDUAL NAME
(if applicable):
-...
(PLEASE PRINT)
Robert A. Rota
COMPANY NAME ViaSat, Inc. A Delaware Corporation (if applicable):
MAILING ADDRESS: 6155 El Camino Real
CITY, STATE, ZIP: Carlsbad, CA 92009
TELEPHONE: 760-795-6455
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
□, THIS A.,.,, ,,...A"T"l,-,.N.
~ ----: JT.. ./ ~ (_ ,1.1<(
SIGrrATURE -C -DATE
APPLICANT'S REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE DATE
.. .. .,
APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME
(if applicable):
COMPANY NAME ViaSat, Inc. A Delaware Corporation (if applicable):
MAILING ADDRESS: 6155 El Camino Real
CITY, STATE, ZIP: Carlsbad, CA 92009
TELEPHONE: 760-795-6455
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
_. _:::~INTEREST.
PROPERTYOWNE SIG ATURE
FOR CITY USE ONLY
P-1 Page 2 of 6
JUN O I 2018
CITY 0: Cl\;,L;-'.=; ·' 0
DATE :f'1A~~!il!il,\>l~)B~ l'tE.~EIVED
RECEIVED BY:
Revised 03/17
't-------------.\.......,---------------..J--------------,
( City of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person ViaSat, Inc. A Delaware Corp. Corp/Part ViaSat, Inc. A Delaware Corp.
Title See attached Exhibit 'A' Title See attached Exhibit 'A'
Address 6155 El Camino Real, Carlsbad, CA 92009 Address 6155 El Camino Real, Carlsbad, CA 92009
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person ViaSat, Inc. A Delaware Corp.
Title See attached Exhibit 'A'
Address 6155 El Camino Real
Carlsbad, CA 92009
Corp/Part ViaSat, Inc. A Delaware Corp.
Title See attached Exhibit 'A'
Address 6155 El Camino Real
Carlsbad, CA 92009
Page 1 of 2 Revised 07/10
• ... ,. '
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit!Trust _______ _ Non Profit!Trust _________ _
Title ___________ _ Title ______________ _
Address __________ _ Address ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
[l] Yes D No If yes, please indicate person(s):_G_r_eg_L_a_ng ________ _
NOTE: Attach additional sheets if necessary.
?:;;;J •z~:o ;, Imo aod rorrect to the best of my ko~ledge.
Signature of owner/date Signature of applicant/date
Via Sat, Inc. A Delaware Corporation ViaSat, Inc. A Delaware Corporation
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Robert A Rota -VP Facilities and Security
Print or type name of owner/applicant's agent
P-1(A) Page2of2 Revised 07/10
· .... .,,,
Exhibit "A11
to City of Carlsbad
Land Use Review Application
,,. .. , -
Applicant/ Owner. ViaSat, Inc. is a publicly traded Delaware corporation. The followjn~ is a list of the
names. titles and addresses of the executive officers of the comoration,
Executive Officers
Mark Dankberg
Chairman of the Board and Chief Executive Officer
Richard A. Baldridge
President and ChiefOpe,·ating Officer
Keven K. Lippert
Executive Vice President, General Counsel and Secretary
Mark J. Miller
Executive Vice President, Chief Technical Officer
Steven R. Hart
Executive Vice President, Chief Technical Officer
Kevin J. Harkenrider
Senior Vice President Commercial Networks
Melinda Del Toro
Senior Vice President Human Resources
Bruce Dirks
Senior Vice President Treasury & Corp. Development
Ken Peterman
Senior Vice President -Government Systems
6155 El Camino Real
Carlsbad, CA 92009
6155 Camino Real
Carlsbad, CA 92009
6155 El Camino Real
Carlsbad, CA 92009
6155 El Camino Real
Carlsbad, CA 92009
6155 El Camino Real
Carlsbad, CA 92009
6155 El Camino Real
Carlsbad, CA 92009
6 I 55 El Camino Real
Carlsbad, CA 92009
6155 El Camino Real
Carlsbad, CA 92009
6155 El Camino Real
Carlsbad, CA 92009
__________ _, ____________ ,..,.,_ _________ _
{__ City of
Carlsbad
PROJECT DESCRIPTION
P-1{8)
-Development Services
Plannlng Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME: ViaSat Bressi Ranch Campus Building 17 Addition
APPLICANT NAME: ViaSat, Inc. A Delaware Corporation
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 lnfonnation and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
The project includes addition of a 100K Building 17, expansion of parking
structure P3 with associated grading and landscape revisions
P-1(8) Paga 1 of 1 Revised 07/10
{ City of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
Ii] The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name: ViaSat, Inc. A Delaware Corporation ViaSat, Inc. A Delaware Corporation Name .. · ___________ _
Add 6155 El Camino Real, Carlsbad, Ca 92009 ress: _______________ _ 6155 El Camino Real, Carlsbad, Ca 92009 Address: __________ _
Phone Number: 75o-795-5455 Phone Number: 760-795-6455
Address of Site: 2521 Gateway Road
Local Agency (City and County): City of Carlsbad, San Diego County
213-260-12-00 Assessor's book, page, and parcel number: ____________________ _
Specify list(s):_N_I_A ___________________________ _
Regulatory Identification Number:_N_/_A ______________________ _
Date of List:_N_/_A ______________________________ _
~JA,A~
==ignature/Date Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page1 of2 Revised 02/13
. ,
C City of
Carlsbad
EIA INFORMATION
FORM
P-1(D)
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
This Environmental Information Form will be used to assist staff in determining what type of
environmental documentation (i.e., Environmental Impact Report, Mitigated Negative
Declaration, Negative Declaration or Exemption) will be required to be prepared for your
appllcation, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's
Municipal Code. The clarity and accuracy of the information you provide Is critical for purposes
of quickly determining the specific environmental effects of your project.
Any environmental studies (I.e., blologlcal, cultural resource, traffic, noise) that are
necessary to substantiate a "no Impact" or "yes Impact" determination should be
submitted as an attachment to this Environmental Information Form. This Is especially
Important when a Negative Declaration Is being sought. The more Information provided In this
form, the easier and quicker It will be for staff to complete the Environmental Impact
Assessment Form -Initial Study.
P-1(D) Page 1 of 4 Revised 07/10
--'
__ ,
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number(s): _______________________ _
General Information
1. Name of project: ViaSat Bressi Ranch Campus -Bldg. 17 Addition
2. Name of developer or project sponsor: ViaSat, Inc. A Delaware Corporation
Address: 6155 El Camino Real
City, State, Zip Code: Carlsbad, CA 92009
Phone Number: 760-795-6455
3. Name of person to be contacted concerning this project: Arati Rangaswamy
Address: 13280 Evening Creek Dr. South, Suite 125
City, state, Zip Code: San Diego, CA 92128
Phone Number: 858-793-4777
4. Address of Project: 2521 Gateway Road, Carlsbad, CA 92009
Assessor's Parcel Number: 213-260-12-00 --------------------
5. List and describe any other related permits and other public approvals required for this project,
Including those required by city, regional, state and federal agencies:
6.
7.
8.
SOP Minor
Existing General Plan Land use Designation: _P_la_n_n_e_d_ln_d_u_s_tn_·a_l...;(_P...;I) _____ _
Existing zoning district: _P_-_M ___________________ _
Existing land use(s): _P_-_I ____________________ _
9. Proposed use of site (Project for which this form Is filed): _P_-_I _________ _
Project Description
10. Site size: _7_.o_2_A_c_re_s _____________________ _
11. Proposed Building square footage: _1_0_0_,0_0_0_S_F _____________ _
12: Number of floors of construction: 3 Floors -------------------
13. Amount of off-street parking provided: 365 spaces required for 1 OOK Bldg.
14_ Associated projects: Expansion of Parking Structure P-3 from 4 levels to 5 levels
and footprint enlarged to have 803 spaces required for
P-1CDl Approved Bldg. 16 & Proposed Bldg 17
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 shift, and loading facilities: ____ _
Employees
No loading facilicies
18. If Institutional, Indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _______ _
N/A
19. If the project Involves a variance, conditional use or rezoning applications, state this and Indicate
clearly why the application ls required: __________________ _
NIA
P-1(O) Page 3of 4 Revised 07/10
Are the following Items applicable to the project or /ts effects? Discuss el/ Items checked yes (attach
additional sheets as necessary).
Yes No
20. Change In existing features of any bays, tidelands, beaches, or hills, or substantial □ 0
alteration of ground contours.
21. Change In scenic views or vistas from existing residential areas or public lands or □ 0
roads.
22. Change In pattern, scale or character of general area of project. □ 0
23. Significant amounts of solid waste or litter. □ 0
24. Change In dust, ash, smoke, fumes or odors In vicinity. □ 0
25. Change In ocean, bay, lake, stream or ground water quality or quantity, or □ 0
alteration of existing drainage patterns.
26. Substantial change In existing noise or vibration levels In the vicinity. □ 0
27. Site on filled land or on slope of 10 percent or more. □ 0
28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0
flammables or explosives.
29. Substantial change In demand for municipal services (police, fire, water, sewage, □ 0
etc.).
30. Substantially Increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0
31. Relationship to a larger project or series of projects. □ 0
Environmental Setting
Attach sheets that Include a response to the fol/owing questions:
32. Describe 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. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, Including Information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, 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 photographs of the vicinity.
Snapshots or polarold photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data
Information required for this Initial evaluation to the best of my ability, and that the f , statemen ,
Information presented are true and correct to the best of my know! ge and belief.
Date: Signature:
For:
P-1(D) Page4 of4 Revised 07/10
------------· _____________ ,., ___________ ...,
C City of
Carlsbad
.· TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Plannlng Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application Is deemed complete by the City. 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 complete or
incomplete. If it Is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding appllcatlon submittal requirements (I.e., clarlflcatlon
regarding a specific requirement or whether all requirements are necessary for your particular
appllcatlon) please call (760) 602-461~ ri})AIA ~
Applicant Signature: ___ 4J,....._-=a..:.>'---""'~-"-_;..-+-+----="------H---
Staff Signature:
Date: t;/ f' t / f3
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
( City of
Carlsbad
INTRODUCTION
CLIMATE ACTION PLAN
CONSISTENCY CHECKLIST
P-30
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that
the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions
reductions. The purpose of the CAP Consistency Checklist (Checklist) is to, In conjunction with the CAP,
provide a streamlined review process for proposed new development projects that are subject to
discretionary review and trigger environmental review pursuant to the California Environmental Quality
Act(CEQA).
Analysis of GHG emissions and potential climate change impacts from new development is required
under CEQA. The CAP is a plan for the reduction of GHG emissions in accordance with CEQA Guidelines
Section 15183.5. Pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b), a
project's incremental contribution to a cumulative GHG emissions effect may be determined not to be
cumulatively considerable if it complies with the requirements of the CAP.
This Checklist contains measures that are required to be implemented on a project-by-project basis to
ensure that the specified emissions targets Identified In the CAP are achieved. Implementation of these
measures would ensure that new development Is consistent with the CAP's assumption for relevant CAP
strategies toward achieving the Identified GHG reduction targets. Projects that are consistent with the
CAP as determined through the use of this Checklist may rely on the CAP for the cumulative Impacts
analysis of GHG emissions. Projects that are not consistent with the CAP must prepare a comprehensive
project-specific analysis of GHG emissions, Including quantification of existing and projected GHG
emissions and Incorporation of the measures in this Checklist to the extent feasible. Cumulative GHG
impacts would be significant for any project that Is not consistent with the CAP.
The Checklist may be updated from time to time to Incorporate new GHG reduction techniques or to
comply with later amendments to the CAP or local, state, or federal law.
P-30 Page 1 of 13 Revised 02/17
City of Carlsbad Climate A~n Plan Consistency Checklist
APPLICATION SUBMITTAL REQUIREMENTS
.i1 The Checklist is required only for projects subject to CEQA review. The diagram below shows the
context for the CAP Consistency Checklist within the planning review process framework .
.i1 If required, the Checklist must be Included in the project submittal package. Application submittal
procedures can be found on the City of Carlsbad website here .
.i1 The requirements in the Checklist will be included in the project's conditions of approval.
.i1 The applicant must provide an explanation of how the proposed project will implement the
requirements described herein to the satisfaction of the Planning Division .
.i1 If a question in the Checklist Is deemed not applicable to a project, an explanation must be provided
to the satisfaction of the Planning Division.
P-30
CEOA Non-Exempt
CAP Consistency
Checklist
Consistent
Remaining
development revtew
process
Complete
Not Consistent
Project has a CEOA
Significant Impact
EIR Required
Page2 of 13
Remaillng
development revtew
process
Complete
Revised 02/17
City of Carlsbad Climate Ac ivn Plan Consistency Checklist
Contact lnfonnatlon
Project No./Name: ViaSat Bressi Ranch Campus Building 16 addition
Property
Address/APN: 2521 Gateway Road / 213-260-12-00
Applicant Name/Co.: SCA Architecture ----------------------------------
Contact Phone: 858-793-4 777
Was a consultant retained to complete this checklist?
Consultant Name:
Company Name:
Project lnfonnatlon
1. What is the size of the project (acres)?
2. Identify all applicable proposed land uses:
□ Residential (indicate# of one-and two-family units):
□ Residential (indicate# of multi-family units):
□ Commercial (indicate total square footage):
□ Hotel (indicate# of rooms):
18 Industrial (indicate total square footage):
□ Other (describe):
3. Provide a brief description of the project proposed:
Contact Email:
□ Yes 181 No
Contact Phone:
Contact Email:
7.02 acres
100 000 sft
aratir@sca-sd.com
If Yes, complete the following
Project includes the addition of a 3-story, 100,000 sft office building (Building 17), expansion of parking structure
P3 to support the office building, associated grading and landscape modifications
P-30 Page 3 of 13 Revised 02/17
City of Carlsbad Climate Action Plan Consistency Checklist
CAP CONSISTENCY CHECKLIST QUESTIONS
STEP 1: LAND USE CONSISTENCY
The first step in this section evaluates a project's GHG emissions consistent with guidance provided by
the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to
CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide
equivalent (MTC02e) would not contribute considerably to cumulative climate change impacts as stated
in the CAP, and therefore, do not need to demonstrate consistency with the CAP.
For projects that are subject to the CAP consistency evaluation, the first step in determining CAP
consistency for discretionary development is to assess the project's consistency with the growth
projections used in the development of the CAP. This section allows the city to determine a project's
consistency with the land use assumptions used in the CAP.
r /
' .. •'
Checklist Item
(Check the appropriate box and provide explanation and supporting documentation for your answer)
1. The size and type of projects fisted below would emit fewer than 900 MTC028 per year. Based on this threshold,
does the proposed project equal or exceed these characteristics?
• Single-Family Housing: 50 dwelling units
• Multi-Family Housing: 70 dwelling units
• Office: 35,000 square feet
• Retail Store: 11,000 square feet
• Grocery Store: 6,300 square feet
• Other. For project types not listed in this section, including changes in use of, or enlargement of an
existing building that results in a net inaease in GHG emissions, the need for GHG analysis and
mitigation will be made on a project-specific basis, considering the 900 MTC028 screening threshold.
If ''Yes", proceed to Question 2.
Yes No
□
If "No'~ in accordance with the City's CAP screening criteria, the project's GHG impact is less than significant and not subject to the measures of the
CAP.
2. Is the proposed project consistent with the existing General P1an land use and zoning designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project
include a land use plan and/or zoning designation amendment that would result in an equivalent or less GHG-
intensive project when compared to the existing designations?
□
If "Yes", proceed to Step 2 of the Checklist For the second option under question 2 above, provide estimated project emissions under both existing
and proposed designation(s) for comparison. Emissions must be estimated in accordance with the City's Guidance to Demonstrating Consistency
with the Climate Action P1an.
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. The project must prepare a GHG analysis
in accordance with the City of Carlsbad's Guidance to Demonstrating Consistency with the Climate Action P1an to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. Proceed
and complete a project-specific GHG analysis and Step 2 of the Checklist
P-30 Page4 of 13 Revised 02/17
City of Carlsbad Climate Ac lun Plan Consistency Checklist
STEP 2: CAP MEASURES CONSISTENCY
The second step of the CAP consistency review is to review and evaluate a project's consistency with
the applicable measures and actions of the CAP. Step 2 only applies to development projects that involve
permits that may require a certificate of occupancy from the Building Official.1 All other development
projects that would not require a certificate of occupancy from the Building Official shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Step 2: CAP.......,_ Conslatency •. /i .. I
Checklist Item
(Check the appropriate box lllCI provide explanation for your answer) I Yes No NIA
Residential, Commercial and Industrial Photovoltaic Systems
1. Residential Photovoltaic Systems
Does the project indude photovoltaic systems with a minimum average system □ □ 181 size of 1.6 kilowatts2 for each residential unit?
Check "NIA" only if the project does not contain any residential buildings.
2. Commercial and Industrial Photovoltaic Systems
For new nonresidential projects with more than 50 cars surface parked or on
roofs of parking structures, would the project indude photovoltaic panels over at
least half of the surface/roof-parked cars to achieve a minimum system size
equivalent to 2.5 kilowatts2 per covered parking space (up to 45 percent of
project's expected annual electricity use)? 181 □ □ OR
Would the project provide equivalent energy generation onsite through rooftop
photovoltaic panels or other means?
Check "NIA" only if the project does not contain any non-residential buildings or provides
50 or fewer parking spaces.
Efficient Ughtlng Standards
3. LED Lighting and Other Energy Efficient Lamps
Would at least 75 percent of the luminaires provided by the project be 181 □ □
comprised of LED or other similarly efficient lighting?
Solar Water HeaterMeat Pump Installation
4. Solar Water Heating
• Residential Units: Does the project indude a solar water heating system
capable of producing 2,300 kWh/year or 112 therms/year of total energy
required for water heating?
• Commercial Projects: Does the project indude a solar water heating □ 181 □
system capable of producing at least 50 percent of total energy required Exception 1
for water heating?
• Restaurants of 8,000 §9uare feet or greater with a service water heater
rated 75,000 Btu/h or greater. Does the project indude installation of a
I
I
1 Actions that are not subject to Step 2 would Include, for example: 1) discretionary map actions that do not propose specific development; 2) permits
allowing wireless communication facilities; 3) special events permits; 4) conditional use permits that do not result In the use Intensification or
expansion of an existing building; and 5) non-building Infrastructure projects such as roads and pipelines. Because such actions would not result In
new occupancy buildings from which GHG emissions reductions could be achieved, the Items contained In Step 2 would not be applicable.
2 System size rated as Direct Current (DC) under Standard Test Conditions (STC).
P-30 Page 5 of 13 Revised 02/17
City of Carlsbad Climate Ac lon Plan Consistency Checklist
I step 2: CAP MNIUIN Consistency
Checklist Item
(Check the appropriate box and provide expanation for your answer)
solar water-heating system with a minimum solar saving fraction of 0.15
consistent with non-residential voluntary standards of the California
Green Building Standards Code?3
Exceptions to this measure indude:
1. Buildings with a natural gas service water heater with a minimum of 95
percent thermal efficiency.
2. Buildings where greater than 75 percent of the total roof area has annual
solar access that is less than 70 percent Solar access is the ratio of solar
insolation induding shade to the solar insolation without shade. Shading
from obstructions located on the roof or any other part of the building shall
not be induded in the detennination of annual solar access.
In lieu of solar water heaters, the project may propose to indude heat pump water
heaters to reduce the water heating load by 50 percent.
Check "NIA" if the project does not contain any residential or non-residential buildings.
Transportation Demand Management
5. Transportation Demand Management
For non-residential projects with more than 50 employees, v.,:iuld the project
indude a transportation demand management (TOM) plan reviewed and
approved by the City of Garlsbad Transportation Division (see Attachment A,
Transportation Demand Management Plan template)?
Check "NIA" if the project is a residential project or if it would not accommodate more
than 50 employees.
Increased Zero<mlsslons Vehicle (ZEV) Travel
6. Zero-Emission Vehicle Infrastructure
• One-and l'M>-family dwellings and townhouses with attached private
~ Would the required parking serving each new dwelling be "EV
Ready"4 to allow for the future installation of electric vehide supply
equipment to provide an electric vehicle charging station for use by the
resident?
• Multi-Family Projects of fewer than 17 dwelling units: Would a minimum of
one parl<ing space be "EV Ready" to allow for the future Installation of
electric vehide supply equipment to provide electric vehide charging
stations at such time as it is needed for use by residents?
• Multi-Family Projects of 17 or more dwelling units: Would five percent of
the total parking spaces required, or a minimum of two spaces, whichever
is greater, be "EV Gapable"5 to allow for the future installation of electric
vehicle supply equipment to provide electric vehicle charging stations at
such time as It is needed for use by residents? Of the total "EV capable"
spaces provided, would 50 percent of them, or a minimum of one,
Yes
181
I
No NIA I
I
□ □
□ □
3 Btu/h•Brltlsh thermal unit per hour; solar saving fraction defined as the amount of energy provided by solar technology divided by the total energy
required.
• •EV Ready" means a parking space that Is pre-wired with a dedicated 208/240 branch circuit Installed In conduit that originates at the electrical
service panel or sub-panel and 40 ampere minimum overcurrent protection device, and terminates Into a cabinet, box or enclosure, in a manner
approved by the building official.
5 •EV Capable" means a parking space that has a cabinet, box or enclosure connected to a conduit linking the parking space to the electrical service
panel In a manner approved by the building official. The electrical service panel shall provide sufficient capacity to simultaneously charge all electric
vehicles with or without a load management system.
P-30 Page 6 of 13 Revised 02/17
City of Carlsbad Climate Act,u Plan Consistency Checklist
I Step 2: CAP IINSUrea Conlllatancy
Checklist Item
(Check the appropriate box and provide explanation for your answer)
whichever is greater, have the necessary electric vehide supply equipment
to provide active charging stations ready for use by residents and guests?
• Non-residential projects: Would six percent of the total parking spaces
required, or a minimum of one space, whichever is greater, be "8/
capable" to allow for the future installation of electric vehide supply
equipment to provide electric vehide charging stations at such time as It is
needed for use by future occupants? Of the total "8/ capable" spaces
provided, would 50 percent of them, or a minimum of one, whichever is
greater, have the necessary electric vehide supply equipment to provide
active charging stations ready for use by customers and employees?
Water Utllltles System Improvements
7. For one-and two-family residential projects, does the project indude:
• Waste piping to pennlt the discharge of greywater to be used for outdoor
irrigation in compliance with Section 1502 of the California Plumbing
Code?6
Check "NIA" if the project does not include residential buildings.
Yes
□
I
No NIA
□
e Pursuant to Health and Safety Code Section 17922.12, greywater means untreated wastewater that has not been contaminated by any toilet
discharge, has not been affected by Infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by
unhealthful processing, manufacturing. or operating wastes. Greywater Includes, but Is not limited to, wastewater from bathtubs, showers, bathroom
washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
P-30 Page 7 of 13 Revised 02/17
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
{city of
Carlsbad
Effective Date of Architect/Developer TDM Plan: completion of new construction
PHASE I: ARCIDTECT/DEVELOPER
SECTION I: GENERAL INFORMATION
Developer: ViaSat Inc. A Delaware Corporation
Architect/Developer: SCA Architecture
Primary Contact: Arati Rangaswamy
Mailing Address: 13280 Evening Creek Drive South, Suite 125, San Diego, CA 92128
Phone: 858-793-4777
Email: aratir@sca-sd.com
SECTION II: PROJECT INFORMATION
Project Address: 2521 Gateway Road, Building 16, Carlsbad, CA 92009
SECTION ill: CAP ALIGNMENT
Climate Action Plan Measure K: Promote Transportation Demand Management
ViaSat has a Mobility Plan in place that incorporates the starategies of a TDM plan with goals
to reduce single occupancy vehicle travel demand. See attached Exhibit B.
SECTION IV: FACILITIES
Describe how you have incorporated the following Facility Standards into the design of
your project plans. Include the number of amenities within each category as well as a site
map. Please list at least one item from each of the six categories.
1) Bike Parking Requirements
[8] Secure Bicycle Parking
[8] Bikes available for employees
[8] End-of-trip facilities such as showers and changing rooms with lockers
ViaSat Mobility Plan 'Exhibit B' attached.
Updated 10/6/2016 8
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
2) Pedestrian Facilities
[8] Pedestrian Access to the Public Sidewalk
{city of
Carlsbad
~ Direct Routes from Public Sidewalk to Each Building in the Project
ViaSat Mobility Plan 'Exhibit B' attached.
3) Transit Facilities
[8] Convenient Access to Transit
ViaSat Mobility Plan 'Exhibit B' attached.
4) Vehicle Facilities
[8] Preferential Parking for Carpools and V anpools
[8] Convenient Drop-off for Carpools and Vanpools Onsite
ViaSat Mobility Plan 'Exhibit B' attached.
5) Facilities: On-Site Amenities
[8] Cafe or Full Service Cafe
[8] Kitchen capable of providing catering
[8] Conference Center/Meeting Rooms
t:8:1 Conference Communication Equipment
[8] Wellness Center/Gym
[8] Athletic Facilities
[8] Delivery Services/Employee Service Venue; dry cleaning and/or other convenient
services
ViaSat Mobility Plan 'Exhibit B' attached.
Updated 10/6/2016 9
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
6) Additional (Optional) Programs and Services:
{cityof
Carlsbad
D Mobility Hub Services (transportation options, shuttle, bus service, etc.)
~ EV Infrastructure D Parking Management Plan
SECTION V: AUTHORIZATION
Name and Si nature of Desi
Ryan Hatch
Printed Name
Name and Si nature of Ci of Carlsbad Re resentative:
Printed Name Signature Date
Updated I 0/6/2016 10
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
{city of
Carlsbad
Effective Date of TDM Plan: completion of new construction
PHASED: COMPANYTDMPROGRAM
SECTION I: GENERAL INFORMATION
Company: ViaSat, Inc. A Delaware Corporation
Property Manager/
Human Resources
Manager:
Primary Contact: Ryan Hatch
Mailing Address: 6155 El Camino Real, Carlsbad, Ca 92009
Phone: I
Email: c_Ryan.Hatch@viasat.com
SECTION Il: PROJECT INFORMATION
Project Address: 2521 Gateway Road, Building 16, Carlsbad, CA 92009
SECTION ill: CAP ALIGNMENT
Climate Action Plan Measure K: Promote Transportation Demand Management
ViaSat has a Mobility Plan in place that incorporates the starategies of a TOM plan with goals
to reduce single occupancy vehicle travel demand. See attached Exhibit B.
SECTION IV: PROGRAMS
The following Programs 1-7 must be implemented within one year of project completion.
Please list at least one item from each of the six categories.
Updated 10/6/2016 11
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
{city of
Carlsbad
1) Completion of Annual Survey:
0 Agree to conduct a TOM survey or an iCommute survey annually.
2) Designated On-site Transportation Coordinator:
D Agree to designate an on-site transportation coordinator to be the point of contact with
the City, regarding transportation demand management facilities and programs.
This person shall serve as the on-site coordinator.
3) Information Board or Kiosk:
(gl Information Board or Kiosk in Prominent Location for Residents, with resources on
all modes of transportation.
Will be provided on campus
4) On-Site Transit Pass Sales or Pre-Tax Transit Pass Program:
D On-Site Transit Pass Sales D Pre-Tax Transit Pass Program (if applicable) or similar program
D Information about transit services to your location
5) Participation in Guaranteed Ride Home or similar program
0 Agree to participate in a Guaranteed Ride Home Program when a personal emergency
situation arises for tenant who uses an alternative commute mode to get to work
( or from work to home).
Updated 10/6/2016 12
Attachment "A" to Climate Action Plan Consistency Checklist
Transportation Demand Management (TDM) Plan
Commercial Buildings V 1.2
6) Rideshare Services
D Rideshare matching services, subsid ies or pre-tax donation
D Vanpool Services
D Car Sharing Services
D Assistance in Finding Commute Alternatives
7) Additional (Optional) Programs and Services:
D Telecommute Program
D Flexible work hours or compressed work week
D Parking Management Plan
D Other On-Site Amenities
SECTION V: AUTHORIZATION
{cityof
Carlsbad
Name and Signature of Designated Property Management or Human Resources
Mana er Contact:
Ryan Hatch C.
Printed Name Date
Name and Si nature of on-site trans ortation coordinator: referred
Printed Name Signature Date
Name and Siiwature of Citv of Carlsbad Representative:
l I
Printed Name I Signature Date I
Updated l 0/6/20 l 6 13
sca A R C H I T E C T u R E
VIASAT BRESSI CAMPUS
MOBILITY PLAN PHASE 5 -EXHIBIT B
This narrative is a combination of programs which are currently in place at ViaSat and the elements which
will be incorporated into the Bressi Campus Project.
ViaSat and our employees place an emphasis on environmental consciousness, which is not limited to, but
certainly includes opportunities to minimize vehicular circulation. This starts with providing amenities on or
near the ViaSat campus for employees to utilize, therefore eliminating or at least minimizing employees
driving off campus. These amenities include on-site coffee and juice venues, full service cafe, which serves
breakfast, lunch and also has limited dinner menu for late evening workers. There is on-site catering for
events with distribution via push carts, not vehicles.
ViaSat not only provides a fitness venue on site, but subsidizes memberships at Crunch Gym which is
within walking distance from both the existing campus and the proposed Bressi Campus.
The ViaSat Bressi Campus will incorporate the elements above and expand upon them. The Cafe, will offer
more food options and provide more variety in dining environments which will help limit trips off site.
ViaSat provides "cruiser" bikes on site for use by employees traveling between build ings which will be
provided in the Campus plan with full connectivity between building via paths wide enough to comfortably
accommodate both pedestrians and bikes.
ViaSat supports employees clubs by allowing on-site facilities to be used for meetings, reducing reading
trips to off-site venues.
The pedestrian experience is a priority at ViaSat whether it be the existing crossing at El Camino Real
which is enhanced with trellises and music or the proposed elevated crossing at Gateway from existing
Building 11 into the Bressi Campus.
Deliveries, janitorial, etc., in the campus will be via electric carts and will have a perimeter path, allowing
the interior campus to be pedestrian focused.
ViaSat has an active on-line ride-share program which is administered by the company allowing employees
to coordinate with others in their area. Employees are encouraged (incentivized) to participate in this
program.
ViaSat will be providing not only parking and charging infrastructure for electric vehicles as required by
code, is considering exceeding code minimums for amount and installs charging stations for employee use.
There are two bus stops in the area of this project. One is along El Camino Real adjacent to proposed
Building 15 which will have a direct sidewalk connector in the campus. The second is along Palomar Airport
Road north of the self-storage facility which will be connected via public sidewalks to Gateway Road and
have access to the campus east of Building 13.
K:\15 Projects\15027 ViaSat -Bressi Ranch Expansion\Mobility Plan Phase 5.docx
13280 Evening Creek Drive South • Suite 125 ♦ San Diego, CA 92128 ♦ Phone: 858-793-4777 • Fax: 858-793-4787
C cityof
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
E-34
I INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the city requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual,
refer to the Engineering Standards (Volume 5).
This questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY
DEVELOPMENT PROJECT' (PDP) requirements.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City
staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the city.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A completed and signed questionnaire must be submitted with each development project application. Only one
completed and signed questionnaire is required when multiple development applications for the same project are
submitted concurrently.
PROJECT INFORMATION
PROJECT NAME:VIASAT BRESSI RANCH-SOP MINOR LOT 3 PROJECT ID:
ADDRESS: SE CORNER OF EL CAMINO REAL & GATEWAY RD, CARLSB~ APN: 213-260-12
The project is (check one): Ill New Development D Redevelopment
The total proposed disturbed area is: 299,?07 ft2 ( 6.88 ) acres
The total proposed newly created and/or replaced impervious area is: 166,335 ft2 ( 3.82 ) acres
If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the
SWQMP # of the larger development project:
Project ID SWQMP#:
Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
E-34 Page 1 of 4 REV 02/16
. t
STEP 1
TO BE COMPLETED FOR ALL PROJECTS
To determine if your project is a "development project", please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building
or structure that do not alter the size {See Section 1.3 of the BMP Design Manual for guidance)? □ ~
If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my
project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant
information.
Justification/discussion: {e.g. the project includes only interior remodels within an existing building):
If you answered "no" to the above Question, the project is a 'develooment project', go to Step 2.
STEP2
TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS
To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.{3), please answer
the following questions:
Is your project LIMITED to one or more of the following:
YES NO
1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria:
a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-
erodible permeable areas; □ ~ b} Designed and constructed to be hydraulically disconnected from paved streets or roads;
c) Designed and constructed with permeable pavements or surfaces In accordance with USEPA
Green Streets auidance?
2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ ~ accordance with the USEPA Green Streets guidance?
3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ ~
If you answered "yes" to one or more of the above questions, provide discussion~ustification below, then go to Step 5, mark
the second box stating •my project is EXEMPT from PDP .. ." and complete applicant information.
Discussion to justify exemption { e.g. the project redeveloping existing road designed and constructed in accordance with
the USEPA Green Street guidance):
If you answered "no" to the above questions, your project is not exempt from PDP, go to Stec 3.
E-34 Page 2 of 4 REV 02/16
STEP3
TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS
To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)):
YES NO
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces
collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, ~ □ and public development projects on public or private land.
2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of
impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ ~ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public
development projects on public or orivate land.
3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is
a facility that sells prepared foods and drinks for consumption, Including stationary lunch counters and □ @
refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial
Classification (SIC) code 5812).
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious
surface collectively over the entire project site and supports a hillside development project? A hillside □ ~
development proiect includes develooment on any natural slope that is twenty-five oercent or areater.
5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is [21 □ a land area or facility for the temporary parking or storage of motor vehicles used personally for
business or for commerce.
6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more
of impervious surface collectively over the entire project site and supports a street, road, highway □ Ill freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface
used for the transportation of automobiles, trucks, motorcycles, and other vehicles.
7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more
of impervious surface collectively over the entire site, and discharges directly to an Environmentally
Sensitive Area (ESA)? "Discharging Directly to• includes flow that is conveyed overland a distance of □ ~
200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an
isolated flow from the project to the ESA fi.e. not comminoled with flows from adjacent lands).*
8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ Ii'.! shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
codes: 5013, 5014, 5541 7532-7534, or 7536-7539.
9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square
feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ Ii'.! RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADTI of 100 or more vehicles oer dav.
10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land ~ □ and are expected to generate pollutants post construction?
11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ Ii'.!
21.203.040)
If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment
project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... "
and complete applicant information.
If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the
second box statinQ "Mv proiect is a 'STANDARD PROJECT' ... " and complete annlicant information.
E-34 Page 3 of 4 REV 02/16
STEP4
TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP)
ONLY
Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)):
YES NO
Does the redevelopment project result in the creation or replacement of impervious surface in an amount
of less than 50% of the surface area of the previously existing development? Complete the percent
impervious calculation below:
Existing impervious area (A) = sq. ft. □ □
Total proposed newly created or replaced impervious area (8) = sq. ft.
Percent impervious area created or replaced (B/A)*100 = %
If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious
surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete
applicant information.
If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the
check the first box statinq "My project is a PDP .. ." and complete acclicant information.
STEP5
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
[l] My project Is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must
prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application.
0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT'
stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project
Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project.
Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations
and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply.
0 My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual.
Applicant Information and Signature Box
Applicant Name: MACKENZIE MORGAN Applicant Title: CIVIL ENGINEER
Applicant Signature: )rL t-r -Date: 5/23/1 8
• Environmentally Sens1tIve Areas include but are not limited to all Clean Waler Act Section 303(d) impaired waler bodies. areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
designated v.ith the RARE beneficial use by the Stale Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and
amendments); areas designated as preserves or their equivalent under the Multi Species Conservauon Program within the C111es and County of San Diego: Habitat
Management Plan. and any other equivalent environmentally sensitive areas which have been 1den11fied by the c,ty
Th' B ti C U O I IS ox or ,ty se my
YES NO
City Concurrence: □ □
By:
Date
Project ID:
E-34 Page 4 of 4 REV 02/16
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: .... J--:s • I ,-J"·i ,. . . ! , I-."' . j.,.,,· (;;;' -~ ";• /. ;-, . , ... , ::;;:,.~-:
EXHIBIT B -Parking structure P-3 at Alicante and Town Garden Corner
VIASAT BRESSI RANCH CAMPUS -SDP MINOR
--
j(E) FNSH GRADE 290.40'
SITE SECTION A-A
~ ~ I I --
¢-'~-~~
SITE SECTION 8-8
B
'' ' _,;,,<'(";'
f~.:,~f::~_,;;.:.6' ~-"'\ .
:'ft{ >., =':" ' i
: •. -t• jl I : 1<. ~ .,
I .f''f-1 . ··~. -. . : ;, f .. v ·,. fJ.-iL ~: . _:: t'f;· : : c.,....· -~_,,:;·-:--" ~ ... :?" ,...;.·· ., ,J· ---: ~t 7; -....
~--:.,1 ="-' . .=. I
• : 1 · -,,, <:;.:IIJ
: . { ,! ~
A
BLDG 17
-----~~---------~ ~ j (E) RESIDENCES
----------------------~--r----------1 i ------------------------1--!---~IG!!Tl..tlE i--;--------J-------
• o. . ,,,. -----4,--~----'---d~ l ,G -• GA: ¥=;;1 .,,_,/1 .... ~"rb" Y~ fl -----!i I ~----~-,:; _ _f;_-;l..,_ ~J --"' -
BLDG 16 BEYOND
~ ~ I i
fNSH GRADE '12. 1· ~---~~
FNSHORAOE211.40'
EXHIBIT C -View from residences across Alicante
~ ,~
., ... "; ~· B
/~: •• ,g/; ~ : ~
!' ;, k,.. ~-,,,,:.-:-t;..;;.;> >_/> r · · ..... _._,~..,,-':,_~. t
VIASAT BRESSI RANCH CAMPUS-SDP MINOR
--
·';~-~ ~.__!o•o-··-... -. ,_.,.,,,-.,.-7!-~:;t-,.:/ <: ,r7✓
I I .• ;<)4~;--1: · ':;: '., ~: ,"":-'~:":::~6,,. \ .:. . .i '..,' C......, Existing 6' high wall/
;i.b • · ·· !\ = ~) L--fence !:r1-:--~ ;;:., ... . . . -i-1 = ~ . ; i . : t .. ;! =-4'-..... l
I ! -,:;~-.• ~ -~ . ~ . 'f-
! /,! I'. ••. ---, .. ~ ,,,-1 .... -':'c-''·'· ... /:f ::.H·;'f ... -Jee )'.
. . ~ '. ~ "'., . ' ( ., ,,,. ~ ':·J:;· ·"'· ,, .. _r.:.j~k = ~ /..~· (_=:\ ¢~?,~,~~-:/}y
EXHIBIT D -View from residences across Alicante
VIASAT BRESSI RANCH CAMPUS-SDP MINOR
' .
'( ,\. ~1 F, It I ~~ (' ' ., ~
Order ~4ber: NCS-905174-5D
Page IY•-<iber: 1
First American Title Insurance Company
National Commercial Services
May 09, 2018
Greg Lang
Pasco Laret Suiter &. Associates
535 N Highway 101 Ste A
Solana Beach, CA 92075-1175
Phone: (858)259-8212x103
Fax:
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Property:
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
VlaSat Bressi
Vince Tocco/ Linda Slavik
(858)410-3886
(877)461-2094
vtocco@firstam.com
VlaSat Inc
Vacant Land, carlsbad, CA
PREUMINARY REPORT
In response ID the above referenced appllcatlon for a policy of tltte Insurance, this company hereby reports that It Is prepared ID Issue, or
cause to be issued, as of the date hereof, e Polk:y or Polides of Tit:le Insurance desaiblng the: land and the estate or Interest therein
hereinafter set forth, Insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred ID as
an Excepl!on below or not excluded from coverage pursuant ID the printed Schedules, Conditions and Stipulations of said Polley forms.
The printed Exceptions and Exclusions from the coverage and Umltatlons on C0vered Risks of said policy or policies are set forth In Exhibit A
attached. TIie pollcy to M-may a,ntain an atbllratlon daust!. mi,,,, the Amount of I~ Is less than that set fotth In the
arbltntlon ~ all iJft1ltrable mattl/fs shall M artJ/tralfld at the option of t!lther the CcmpBny or the Insured as the exr:Juslve remedy of the
parties. Umltatlons on C0vered Risks applicable ID the CL TA and ALTA Homeowners Policies of Title Insurance which establish • Deductlble
Amount and a Maximum Dollar Umlt of IJablllty for certain coverages are also set forth In Exhibit A. Coples of the policy forms should be
read. They are available from the office which Issued this report.
Please read the exceptions_,, or referred 110 bal-and the exceptions and exclusions set forth In Exhibit A of this
report carefully. The exceptions ■nd exclllllons ■re meant 110 provide you with notice of matten which are not...-
under the nrms of the title lnaurance policy and should be carefully considered.
It lo Important 110 note that thl■ preliminary ,_rt Is not a wrltml representation ao 110 the condition of title and may not
list all liens, defect■, and encumbrance■ affecting title 110 the land.
Fif5t American 77t/e Insurance Company
Order>--oqber:NCS-905174·50
Page ~ber: 2
This report (and any supplements or amendments hereto) Is Issued solely for the purpose of facllltatlng the Issuance of a policy of title
Insurance and no liability Is assumed hereby. If It Is desired that llablllty be assumed prior to the Issuance of a policy of title Insurance, a
Binder or Olmmltment should be requested.
Rrst American Title Insurance Company
,.
Dated as of May 04, 2018 at 7:30 A.M.
The form of Policy of title Insurance contemplated by this report Is:
To Be Determined
Order• ''<!ber: NCS-905174-SD
Page ,.,,..be,: 3
A specific request should be made if another form or additional coverage is desired.
Ti!!~ to said estat~ orinterest at the d_at:E! h_ereof is ve_~ed in:
Viasat, Inc., a Delaware corporation
The estate or Interest in the land hereinafter described or referred to covered by this Report Is:
FEE
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2017-2018.
First Installment: $76,583.20, PAID
Penalty: $0.00
Second Installment: $76,583.20, DELINQUENT
Penalty: $7,668.32
Tax Rate Area: 09199
A. P. No.: 213-260-12-00
3. Assessment liens, If applicable, collected with the general and special taxes, Including but not
limited to those disdosed by the reflection of the following on the tax roll:
1915 Bond for Oty of Carlsbad 2002-1; Street Improvements
4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 1, as disclosed by Notice of
Special Tax Uen recorded March 14, 2003 as Instrument No. 20ClJ-Cl289327 and 2003-028932~,
both of Official Records.
5. A notice of assessment recorded December 20, 2017 as Instrument No. 2017_·0?~8938 of Official
Records, executed by Oty Clerk of the City of Carlsbad.
first American Tltle Insurance Company
Order,'"'Qiber: NCS-905174-5D
Pag~ber: 4
6. A notice of assessment recorded December 20, 2017 as Instrument No. 2017-0598939 of Official
Records, executed by City Clerk of the City of carlsbad.
7. The lien of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the californla Revenue and Taxation Code.
8. The terms and provisions contained In the document entitled "Agreement Regarding the Payment
of a Public Facllltles Fee for Inside the Boundaries of Community Facilities District No. 1 •
recorded December 11, 1998 as Instrument no. 1998-0806517 of Official Records.
9. The tenms and provisions contained In the document entitled "Agreement Regarding Covenants
Running with the Land" recorded February 18, 1999 as Instrument no. 1_9J9-0098738 of Official
Records.
10. The tenms and provisions contained In the document entitled "Notice of Restriction on Real
Property'' recorded February 25, 2003 as Instrument no. 2003-oi10190 of Official Records.
11. The tenms and provisions contained In the document entitled "Hold Harmless Agreement
Drainage" recorded March 11, 2003 as Instrument no. 2003-0270075 of Official Records.
12. The terms and provisions contained In the document entitled "Hold Harmless Agreement
Geological Failure" recorded March 11, 2003 as Instrument no. 2003-027()076 of Official
Records.
13. The tenms and provisions contained In the document entitled "Notice of Restriction on Real
Property" recorded April 01, 2003 as Instrument no. 20()3-()362107 of Official Records.
14. An easement shown or dedicated on the map flied or recorded May 29, 2003 as carlsbad Tract
CT 00-06 Map No. 1'4_60Q of Tract Maps
For: Restricted sight distance corridor and Incidental purposes.
15. Abutter's rights of Ingress and egress to or from Allcante Road, Gateway Road and Town Garden
Road except at access openings have been dedicated or relinquished on the map of carlsbad
Tract CT 02-15 Map No. 14960 of Tract Maps recorded February 04, 2005.
16. An easement shown or dedicated on the map flied or recorded February 04, 2005 as carlsbad
Tract CT 02-15 Map No. 14960 of Tract Maps
For: Landscape maintenance and incidental purposes.
17. Covenants, conditions, restrictions and easements In the document recorded March 15, 2005
as Instrument no. 20_05-0210897 of Official Records, which provide that a violation thereof shall
not defeat or render Invalid the lien of any first mortgage or deed of trust made In good faith and
for value, but deleting any covenant, condition, or restriction Indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic lnfonmation, gender, gender Identity, gender expression, source
of Income (as defined In callfornla Government Code§ 12955(p)) or ancestry, to the extent such
covenants, conditions or restrictions violation 42 U.S.C. § 3604( c) or callfornla Government Code
§ 12955. 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 famlllal
status.
First American Title Insurance Company
Order """l!ber: NCS-905174-SO
Page;.°""1ber: 5
Document(s) declaring modifications thereof recorded January 26, 2012 as Instrument No. 2012·
0045639 of Official Records.
Document(s) declaring modifications thereof recorded July 17, 2012 as Instrument No. 2012·
0412306 of Official Records.
Document(s) declaring modifications thereof recorded February 22, 2013 as Instrument No.
2013-0117373 of Official Records.
Document(s) declaring modifications thereof recorded March 20, 2014 as Instrument No. 201_4·
0110220 of Official Records.
Document(s) declaring modifications thereof recorded December 17, 2014 as Instrument No.
201~-0~~6453 of Official Records.
Document(s) declaring modifications thereof recorded November 17, 2017 as Instrument No.
2017-0537851 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. 200~·021§793 of Official Records.
19. Covenants, conditions, restrictions and easements In the document recorded March 30, 2005
as Instrument no. 2005-0258429 of Official Records, which provide that a violation thereof shall
not defeat or render Invalid the lien of any first mortgage or deed of trust made In good faith and
for value, but deleting any covenant, condition, or restriction Indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, famlllal status, dlsablllty,
handicap, national origin, genetic Information, gender, gender Identity, gender expression, source
of Income (as defined In callfornla Government Code § 12955(p)} or ancestry, to the extent such
covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or callfornla Government Code
§ 12955. 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 famlllal
status.
20. An easement for public utilities and Incidental purposes, recorded April 11, 2005 as Instrument
no. 2005-0294004 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company, a corporation.
as described therein
21. The terms and provisions contained In the document entitled "Notice of Restriction on Real
Property" recorded June 02, 2005 as Instrument no. 2005-0461222 of Official Records.
22. The terms and provisions contained In the document entitled "Declaration of Development
Covenants, Conditions and Restrictions" recorded June 09, 2005 as Instrument no. 2005·Q'1_83800
of Official Records.
23. The terms and provisions contained In the document entitled "Declaration of Covenants,
Conditions and Restrictions Regarding Buildings" recorded June 09, 2005 as Instrument no.
2005-0483802 of Official Records.
First American Tltle Insurance Company
Order ~ber: NCS-905174-SD
Page ,-.fiber: 6
24. The terms and provisions contained In the document entitled "Declaration of Restrictive
Covenants" recorded October 06, 2015 as Instrument No. 2015-0524154 of Official Records.
25. An easement shown or dedicated on the map filed or recorded December 28, 2016 as Parcel Map
No. 2143_3 of Parcel Maps
For: Public sewer and incidental purposes.
26. The terms and provisions contained In the document entitled "Enaoachment Agreement"
recorded December 30, 2016 as Instrument No. 2016~Z!8216 of Official Records.
27. The terms and provisions contained In the document entitled "Notice of Restriction on Real
Property" recorded January 06, 2017 as Instrument No. 2017-0008300 of Official Records.
28. The terms and provisions contained In the document entitled "Hold Harmless Agreement
Drainage" recorded January 23, 2017 as Instrument No. 2017-003347§ of Offlclal Records.
29. The terms and provisions contained In the document entitled "Hold Harmless Agreement
Geological Failure" recorded January 23, 2017 as Instrument No. 2017-0033928 of Official
Records.
30. Covenants, conditions, restrictions and easements In the document recorded March 01, 2017
as Instrument No. :20_17-0097049 of Official Records, which provide that a violation thereof shall
not defeat or render Invalid the lien of any first mortgage or deed of trust made In good faith and
for value, but deleting any covenant, condition, or restriction Indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, familial status, disability,
handicap, national origin, genetic Information, gender, gender Identity, gender expression, source
of Income (as defined In califomla Government Code § 12955(p)) or ancestry, to the extent such
covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or californla Government Code
§ 12955. 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.
31. A right of first refusal In favor of Levine Investments Limited Partnership, an Arizona limited
partnership as contained In or disclosed by a document recorded March 01, 2017 as Instrument
No. 2017-0097053 of Official Records.
32. The terms and provisions contained In the document entitled "Encroachment Agreement"
recorded May 17, 2017 as Instrument No. 2017-02:20137 of Official Records.
33. The terms and provisions contained In the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenance Agreement" recorded September 25, 2017 as Instrument
No. 2_017-0437636 of Official Records.
34. The terms and provisions contained In the document entitled "Hold Harmless Agreement
Drainage" recorded September 25, 2017 as Instrument No. 201Z_-Q437670 of Official Records.
35. The terms and provisions contained In the document entitled "Hold Harmless Agreement
Geological Failure" recorded September 25, 2017 as Instrument No. 2017-Q439026 of Official
Records.
36. Water rights, claims or title to water, whether or not shown by the public records.
Rrst American 77t/e Insurance Company
37. Rights of parties In possession.
Order~'~ber: Ncs-905174-5D
Page-,...thber: 7
First American Title Insurance Company
Order~ber: NCS-905174-5D
Pag.-....(nber: 8
INFORMATIONAL NOTES --------------=c:.:...c=:..::.:===--=..:..:..::_.:..::=---·------------------·----
ALERT -CA Senate Bill 2 Imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your
closing.
1. The property covered by this report Is vacant land.
2. According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
3. This preliminary report/commitment was prepared based upon an appllcatlon for a policy of title
Insurance that Identified land by street address or assessor's parcel number only. It Is the
responsiblllty of the applicant to determine whether the land referred to herein Is In fact the land
that Is to be described In the policy or policies to be Issued.
4. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the Issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date Issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizlng the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. A certificate of revlvor and a certificate of relief from contract voldability Issued by the Franchise
Tax Board of the State of California.
4. Requirements which the Company may Impose following Its review of the above material and
other Information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP·l) and any amendments thereto
(form LP-2) to be recorded In the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority In Interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voldablllty Issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may Impose following Its review of the above material and
other Information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the applicatlon for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
Rrst American Title Insurance Company
' Order"""(Tlber: NCS-905174-SD
Pag~ber: 9
3. Satisfactory evidence of the consent of a majority In Interest of the limited partners to the
contemplated transaction;
4. A certificate of revtvor and a certificate of relief from contract void ability Issued by the Franchise
Tax Board of the State of califomla.
5. Requirements which the Company may Impose following Its review of the above material and
other Information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
californla Corporation Code (form GP-I), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded In the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may Impose following Its review of the above material required
herein and other Information which the Company may require.
E. WITH RESPECT TO A UMITED LIABILITY COMPANY:
1. A copy of Its operating agreement and any amendments thereto;
2. If It Is a californla limited llablllty company, a certified copy of Its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded In the public records;
3. If it is a foreign limited liability company, a certified copy of Its application for registration (LLC-5)
to be recorded In the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
Instrument executed by such limited liability company and presented for recordatlon by the
Company or upon which the Company Is asked to rely, such document or Instrument must be
executed In accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed
by at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(Ii) If the limited llablllty company properly operates through a manager or managers Identified In
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager If the limited llablllty company properly operates with the existence of only one
manager.
5. A certificate of revlvor and a certificate of relief from contract voldability issued by the Franchise
Tax Board of the State of callfornla.
6. Requirements which the Company may Impose following its review of the above material and
other Information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the californla Probate Code In a form satisfactory to
the Company.
2. Coples of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act In the pending transaction.
3. Other requirements which the Company may Impose following Its review of the material require
herein and other Information which the Company may require.
G. WITH RESPECT TO INDMDUALS:
1. A statement of Information.
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
Rrst American Title Insurance Company
Order~ber: NCS-905174-5D
Page~ber: 10
on this map except to the extent coverage for such loss or damage Is expressly provided by the terms
and provisions of the title insurance policy, If any, to which this map Is attached.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
Rrst American Title Insurance Company
-
LEGAL DESCRIPTION
Order>'-OQiber: NCS-905174·5D
Pag~ber:11
Real property In the City of carlsbad, County of San Diego, State of califomia, described as
follows:
PARCEL 3 OF MINOR SUBDMSION NO. 16·04, VIASAT BRESSI RANCH CAMPUS, IN THE CTTY
OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO PARCEL MAP
THEREOF NO. 2143~, ALED IN THE OFACE OF THE COUNlY RECORDER OF SAN DIEGO
COUNlY, DECEMBER 28, 2016.
APN: 213-260-12-00
Rrst American Tltle Insurance Company
Orde~ber: NCS-905174-SD
Pag~ber:12
The First American Corporation
First American lltle Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and In the future, we may ask you to provide us with certain
Information. We understand that you may be concerned about what we will do with such Information -
particularly any personal or financial Information. We agree that you have a right to know how we will utilize the
personal Information you provide to us. Therefore, together with our parent company, Toe First American
Corporation, we have adopted this Privacy Polley to govern the use and handling of your personal Information.
Applicability
This Privacy Polley governs our use of the Information which you provide to us. It does not govern the manner In
which we may use Information we have obtained from any other source, such as Information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal Information regardless of Its source. First American calls these guidelines Its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal Information that we may
collect Include:
• Information we receive from you on applications, forms and In other communications to us, whether In
writing, In person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request Information from you for our own legitimate business purposes and not for the benefit of any
nonaffillated party. Therefore, we will not release your Information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such Information lndeflnltely, Including the period after which any customer relationship has
ceased. Such Information may be used for any Internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal Information listed above to one or more of
our affiliated companies. Such affiliated companies Include financial service providers, such as title Insurers,
property and casualty Insurers, and trust and Investment advisory companies, or companies Involved In real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the Information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial Institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even If you are no longer our customer, our Privacy Polley will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We
restrict access to nonpublic personal Information about you to those Individuals and entitles who need to know
that Information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your Information will be handled responsibly and In accordance with this
Privacy Polley and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal Information.
Rrst American 77tle Insurance Company
Orde~ber: NCS--905174-5D
Pag~ber:13
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03•10)
EXCLUSIONS
In addition to tile 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 these portions of any law or govemment regulation concerning:
(a) building; (d) Improvements en tile Land;
(b) zoning;
(c) land use;
(e) land division; and
(f) envtronmental protection.
This Exclusion does not llmlt tile CIM!l"ilge described In COvered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The fallure of Your existing structures, or any part of tllem, to be constructed In accordance with applicable bulldlng codes. This Exclusion
does not llmlt tile CIM!l"ilge described In COvered Risk 14 or 15.
3. The right to take tile Land by condemning It This Exclusion does not llmlt the CIM!l"ilge described In Covered Risk 17.
4. Risks:
(a) that are aeated, allowed, or agreed to by You, whether or not they are recorded In the Public Records;
(b) that are Known to You at the Polley Date, but not to Us, unless they are recorded In the Public Records at the Polley Date;
(c) that result In no loss to You; or
(d) that first occur after the Polley Date -this does not llmlt tile coverage described In Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lad< of a right:
(a) to any land outside tile area spedflcally described and referred to In.paragraph 3 of Schedule A; and
(b) In streets, alleys, or waterways that touch tile Land.
This Exclusion does not Umlt the CIM!l"ilge described In COvered Risk II or 21.
7. The transfer of the Title to You Is Invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
Insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your Insurance for the following Covered Risks Is llmlted on tile OWner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Dur Maximum Dollar Limit of Liablllty shown In Schedule A.
Y9Yr Peductlblt Amount
COvered Risk 16: 1% of Polley Amount or $2,500.00 (whichever Is less)
COvered Risk 18: 1% of Polley Amount or $5,000.00 (whichever Is less)
COvered Risk 19: 1% of Policy Amount or $5,000.00 (whichever Is less)
COvered Risk 21: 1% of Polley Amount or $2,500.00 (whichever Is less)
our Maximum Dollar YrnH; pf Y•l!lfH:y
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6•1·87)
EXCWSIONS
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 tile existence or violation of any law or government regulation. This indudes building and zoning
ordinances and also laws and regulations conarnlng:
(a) and use
(b) Improvements on the land
(c) and dMslon
( d) environmental protection
This exduslon does not apply to violations or tile enforcement of these matters which appear In tile public records at Policy Date.
This exduslon does not llmlt the zoning CIM!l"ilge described In Items 12 and 13 of COvered Tltle 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 Polley Date and Is binding on you W you bought the land without knowing of the taking
Rrst American Tlt/e Insurance Company
-......
3. Tltle Risks:
(a) that are aeated, allowed, or agreed to by you
Orde~ber: NCS-905174-SD
Page,,,,;l,,ber: 14
(bl that are known to you, but not to us, on the Polley Date -unless they appeared In the public records
(c) that result In no loss to you
(d) that first affect your title after the Polley Date -this dces not llmlt the labor and material lien coverage In Item 8 of Covered Titie Risks
4. Failure to pay value for your title.
s. Lack of a right:
(a) to any land outside the area spedflcally described and referred to In Item 3 of SChedule A OR
(b) In streets, alleys, or waterways that touch your land
This exclusion dces not llmlt the access coverage In Item 5 of Covered T1tle Risks.
2006 ALTA LOAN POUCY (06-17-06)
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 governmental regulation (indudlng those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
I. the occupancy, use, or enjoyment of the Land;
Ii. the d'laracter, dimensions, or location of any Improvement erected on the Land;
Ill. the subdMsion of land; or
Iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
llmlt the coverage provided under Covered Risk 5.
b. Any governmental police power. This Exclusion l(b) does not modify or llmlt the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or llmlt the coverage provided under Covered Risk 7 or 8.
3. Defects, Hens, encumbrances, adverse dalms, or other matters
a. aeated, suffered, assumed, or agreed to by the Insured Oalmant;
b. not Known to the company, not recorded In the Public Records at Date of Polley, but Known to the Insured Oalmant and not
disclosed In writing to the company by the Insured Oalmant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting In no loss or damage to the Insured Oalmant;
d. attad'llng or created subsequent to Date of Polley (however, this does not modify or llmlt 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 Oalmant had paid value for the Insured Mortgage.
4. Unenforceability of the Hen 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. s. Invalidity or unenfon:eabllity In whole or In part of the lien of the Insured Mortgage that 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 dalm, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction
creating the Hen of the Insured Mortgage, Is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy.
7. Any Hen on the Title for real estate taxes or assessments Imposed by governmental authority and aeated or attad'llng between
Date of Polley 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 ll(b).
The above policy form may be Issued to affonl either standard COverage or Extended Coverage. In addition to the above Exduslons from
coverage, the Exceptions from Coverage In a Standard Coverage policy wlU also lndude the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not Insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) that arise by reason of:
Rrst American Title Insurance Company
Order~ber: NCS-905174-SD
Pagt!wffnber: 15
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 public agency that may result In taxes or assessments, or notices of such
proceedings, whether or not shown by the reairds 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 ena,mbrances, or dalms thereof, not shown by the Public Records.
4. Any enaoachment, ena,mbrance, violation, varlatlon, or adverse drcumstance affecting the Title that would be dlsdosed by an aca,rate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reseMl:lons or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, claims
or tllfe to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any Den or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POUCY (06-17·06)
EXCLUSIONS FRON 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 governmental regulatlon (lndudlng those relatlng to building and zoning) restricting, regulatlng,
prohibiting, or relatlng to
I. the oo:upancy, use, or enjoyment of the Land;
II. the character, dimensions, or location of any Improvement erected on the Land;
Ill. the subdMslon of land; or
Iv. environmental protectlon;
or the effect of any vtolatlon of these laws, ordinances, or governmental regulatlons. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion l(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, enrumbrances, adverse dalms, or other matters
a. created, suffered, assumed, or agreed to by the Insured Oalmant;
b. not Known to the Company, not recorded In the Public Records at Date of Policy, but known to the Insured Oalmant and not
dlsdosed In writing to the Company by the Insured Oalmant prior to the date the Insured Oaimant became an Insured under this
policy;
c. resulting In no loss or damage to the Insured Oalmant;
d. attaching or created subsequent to Date of Polley (however, this does not modify or limit the coverage provided under Covered
Risk 9 and 10); or
e. resulting In loss or damage that would not have been sustained If the Insured Oalrnant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transactlon
vesting the Title as shown In Schedule A, Is
a. a fraudulent conveyance or fraudulent transfer; or
b. a preferential transfer for any reason not stated In Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between
Date of Polley and the date of recording of the deed or other Instrument of transfer In the Public Records that vests Title as shown
In Schedule A.
The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptlons from Coverage In a Standard Coverage policy will also lndude the following Exceptlons from Coverage:
EXCEPTIONS FRON COVERAGE
This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that 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 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 dalms 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 ena,mbrances, or claims thereof, not shown by the Public Records.
4. Any enaoachrnent, ena,mbrance, vlolatlon, variatlon, or adverse drcumstance affecting the Title that would be dlsdosed by an aca,rate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservatlons or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, claims
or tllfe to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Rrst American Tltie Insurance Company
Orde~(:lber: NCS--905174-SD
Pag her: 16
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10)
EXCWSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this policy, and the Company wlll not pay loss or damage, costs, at!Dmeys'
fees, or expenses that arise by reason of:
1. a. MY law, ordinance, permit, or governmental regulation (lndudlng those relating to building and zoning) restricting, 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;
Ill. the subdMslon of land; or
Iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exduslon l(a) does not modify or
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. MY governmental police power. This Exduslon l(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 Exduslon 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 aalmant;
b. not Known to the Company, not recorded In the Public Records at Date of Polley, but Known to the Insured Calmant and not
disclosed In wrfting to the Company by the Insured Calmant prior to the date the Insured Calmant became an Insured under this
policy;
c. resulting In no loss or damage to the Insured Calmant;
d. attaching or created subsequent to Date of Polley (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 that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceablllty 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. lnvalldlty or unenforceabillty In whole or In part of the lien of the Insured Mortgage that 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. This Exduslon does not
modify or limit the coverage provided In Covered Risk 26.
6. MY dalm of lnvalldlty, unenforceablllty or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
alter the Insured has Knowledge that the vestee shown In Schedule A Is no longer the owner of the estate or Interest covered by
this policy. This Exduslon does not modify or limit the coverage provided In Covered Risk 11.
7. MY lien on the T1tle for real estate taxes or assessments Imposed by governmental authority and aeated or attaching subsequent
to Date of Polley. This Exduslon does not modify or limit the coverage provided In Covered Risk ll(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 Polley In
accordance with applicable building codes. This Exduslon does not modify or limit the coverage provided In Covered Risk 5 or 6.
9. MY dalm, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction
aeating the lien of the Insured Mortgage, Is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated In Covered Risk 27(b) of this policy.
Rrst American Tttle Insurance Company