HomeMy WebLinkAboutSDP 16-23; IN-STI-GATE LOT 23; Site Development Plan (SDP)-------------,(-. _______________ ,.., ... _____________ _ -
Ccityof
Carlsbad
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Services LAND USE REVIEW
APPLICATION Planning Division
1635 Faraday Avenue o, I. ,,.. ~ (760)602-4610 P-1 f" Lf'-.l~www.carlsbadca.gov
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
D Coastal Development Permit
Ill Conditional Use Permit
Ill Minor D Extension
D Day Care (Large)
D Minor
D Environmental Impact Assessment
D Habitat Management Permit
D HIiiside 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
Ill Site Development Plan
D Special Use Permit
Ill Minor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance OMinor
tv'\CU()
uo-o7
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan D Amendment
D Specific Plan
D Zone Change
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
3cJ Review Permit ~DP l<o-t.
D Administrative D Minor D Major B
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: 213-261-14 -----------------------------------PROJECT NAME: ln-sti-gate Lot 23 MCUP and Minor SDP
BRIEF DESCRIPTION OF PROJECT: MSDP and MCUP for the development of two office buildings, including 8,000 SF of
restaurant.
BRIEF LEGAL DESCRIPTION: Lot 23 of Carlsbad Tract CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego
LOCATION OF PROJECT: 6191 Innovation Way, Carlsbad, CA
STREET ADDRESS
ON THE: West SIDE OF Innovation Way -....,.,.=-,,~,-,,-""""",,,,.,--=-,~...,.,.,=,,,,--(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN Palomar Airport Road AND Gateway Road
(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of6 Revised 03/16
OWNER NAME
(Print): RAF Group Bre11i Ranch, LLC APPLICANT NAME (Print): Adam Robinson -----------MAILING ADDRESS: 1010 s. Coast Highway 101, Suite 103 MAILING ADDRESS: 1010 s. Coast Highway 101, Suite 103
CITY, STATE. ZIP: Encinitas, CA 92024 CITY, STATE, ZIP: Encinitas, CA 92024
TB.EPHONE: 760-473-8838 TELEPHONE: 760.473.8838
EMAIL ADDRESS: adam@rafpacificagroup.com EMAIL ADDRESS:
I CERTIFY THAT I AM CA.1i::\:111"11C ER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LE
INFORMATION IS ECT TO THE BEST OF MY AND THAT ALL THE ABOVE INF
KNOWLE ERTHA T THE APPLICANT AS THE BEST OF MY KNOWLEDG .
SET FORT IZED REPRESENTATIVE FOR
PURPOSE
SIGNATURE
APPLICANTS REPRESENTATIVE (Print): Mary Bilae, Howes Weiler & Associates ---------------------------MA I LING ADDRESS: 2888 Loker Avenue East, Suite 217
CITY, STATE, ZIP: Carlsbad, CA 92010
TELEPHONE: 760-929-2288 x 409
EMAIL ADDRESS: MBilse@hwplanning.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFORMATION IS TRUE ANO CORRECT TO THE BEST OF MY
SIG E ~ DATE
IN THE PROCESS OF REVIEWING THIS AH1-~1ATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL BER TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. IM/E CONSENT TO E HIS PURPOSE.
NOTICE Of RESTRICTION: ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND A UC EST.
PROPE
FOR CITY USE ONLY
P-1 Page 2 of6
RECEIVED
OCT 2 7 2016
CITY OF CARLSBAD
DATE 10\'1'~EIVED
RECEIVED BY:
Revised 03116
Ccicyof
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 Adam Robinson Corp/Part ___________ _
Title RAF Pacifica Group Title --------------Address.1010 s. Coast Highway 101 , Suite 103
Encinitas. CA 92024
Address ____________ _
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 __________ _
Title ------------
Address __________ _
Corp/Part RAF Group Bressi Ranch LLC
Title a California limited liability company
Address 1010 S. Coast Highway 101, Suite 103
Encinitas, California 92024
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 organjzatjon 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 ProfiVTrust -------Non ProfiVTrust ·---------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?
D Yes X No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
Signat
RAF Group Bressi Ranch, LLC Adam Robinson
Print or type name of owner Print or type name of applicant
Mary Bilse, Howes Weiler & Associates
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07/10
{cicyof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: Instigate Bressi Lot 23
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICANT NAME: Adam Robinson, RAF Group Bressi Ranch LLC
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
Please see attached project description.
P-1(8) Page 1 of 1 Revised 07/10
r -, Howawa1er ~ -
~&Associates~
, LAND USE PLANNING AND ENGINEERING "·,
PROJECT DESCRIPTION
INSTIGATE BRESSI LOT 23
OCTOBER 2016
This project description accompanies applications and exhibits for a request for a Minor Site
Development Plan (SDP) and a Minor Conditional Use Permit (CUP) to allow an 8,000 sf
restaurant with 1,100 sf of outdoor patio space. The restaurant(s) will be located on the
ground level of the 16,000 sf Building B within the 4.43-acre site located at 6191 Innovation
Way in Carlsbad, Assessor's Parcel Number 213-261-14. The General Plan Land Use designation
for the site is Planned Industrial (Pl) and the zoning designation is Planned Community (P-C)
within the Bressi Ranch Master Plan (MP 178).
Two buildings will be constructed on site: Building A will be 28,030 sf and will consist of office
uses; Building B will be 16,000 sf and will consist of 8,000 sf of restaurant area on the ground
floor, and be supplemented with 1,100 sf of outdoor dining area. The second floor of Building
B will consist of 8,000 sf of office. Parking for the project site requires 278 spaces as
summarized in the table below:
Proposed Uses Floor Area
(SF)
Building A
-Office 28,030 SF
Building B
-Office 8,000 SF
-Restaurant 8,000 SF
-Restaurant -1,100 SF
Outdoor
Seating
Total: 44,030
In-Sti-Gate Lot 23
Parking Demand
Parking Ratio
1 space/250 SF
1 space/250 SF
40 spaces plus 1 space/SO
SF in excess of 4,000 SF
1st 400 SF exempt, then 1
space/SO SF
Spaces Required
28,030/250=112
8,000/250=32
40 + (4000 / SO) = 120
400 SF = exempt
700 SF= 14
278
MCCLELLAN -PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP)
Spaces
Provided
112
152
14
278
The proposed project falls within the boundaries of the McClellan -Palomar Airport Land Use
Compatibility Plan (ALUCP). The ALUCP was adopted on March 4, 2010 and amended on
December 1, 2011. All projects within its boundary are required to be reviewed for consistency
2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 www.hwplanning,com 760.929,2288
r Howaswaller -~ &Associates~,
~ ' LAND USE PLANNING AND ENGINEERING
with its goals and policies. The information below provides a review of the project against the
policies of the ALUCP:
a. The proposed project is located within the 60 -65 dB CNEL noise contour. The ALUCP
identifies outdoor dining or gathering places as conditionally compatible with the
condition that these uses are incompatible above 70 dB CNEL. The proposed outdoor
dining use is located within the 60 -65 dB CNEL noise contour and is compatible with
airport uses.
b. The proposed buildings, which will house the proposed restaurant use, are in
compliance with the ALUCP airspace protection surfaces because a determination of no
hazard to air navigation has been issued by the FAA on 09/16/16.
c. The proposed restaurant use is located within Safety Zone 2. The ALUCP identifies
"Mid-sized eating and drinking establishments in free-standing buildings (capacity 50 to
299 people)" as "conditionally compatible" in Safety Zone 2, and allowed if the
conditions specified in Table 111-2 are met. The Safety Compatibility Criteria identify the
land use as conditionally compatible in Safety Zone 2. The maximum intensity is limited
to 70 people per acre (70 x 4.43 = 310 people). The maximum floor area ratio is 0.10 for
the "Mid-sized eating and drinking establishments in free-standing buildings (capacity
50 to 299 people)" use. Additionally, risk reduction features have been incorporated
into the design of the structure (in accordance with Policy 3.4.13).
d. The proposed project is located within the overflight notification area. The ALUCP
requires recordation of an overflight notification only for new residential uses. The
overflight notification is not applicable because this is a non-residential use.
TRIP GENERATION
The RAF Instigate Bressi Lot 23 proposes to locate two office buildings including 8,000 sf of
restaurant space on a 4.43-acre site. Per City of Carlsbad standards, trip generation rates for
the proposed restaurant were based on rates provided in SANDAG's Brief Guide of Vehicular
Traffic Generation Rates for the San Diego Region: Multi-Tenant Office and Sit-Down High
Turnover Restaurant Uses. Trip generation for the proposed Office uses were calculated by
using 36,030 sf at 20/1000 (Multi-Tenant Office) at 721 trips; and Restaurant use of 8,000 sf at
160/1000 (Sit-Down High Turnover) at 1,280 trips for a total of 2,001 average daily trips (ADT).
2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 www.hwplanninq.com 7 60. 929 .2288
HowesWeier ~ &Associates
/ LAND USE PLANNING AND ENGINEERING
View of Site Looking Southwest
View of Site Looking West
2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 www.hwplanning,com 760.929.2288
HowesWeier ~ &Associates
/ LAND USE PLANNING AND ENGINEERING
View of Site Looking Northwest
View of Project Site Looking North
2888 Loker Avenue East. Suite 217. Carlsbad, CA 92010 www.hwplanning.com 760.929.2288
Howesweier ~ &Associates
/ LAND USE PLANNING AND ENGINEERING
View of Holiday Inn Located East of Site -~---------------,
2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 www.hwplanning.com 7 60. 929 .2288
-
(acyof Camoad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Plannln1 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):
Ill 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 m contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Adam Robinson, RAF Pacifica Group
Address: 1010 S. Coast Highway 101, Suite 103
Encinitas, CA 92024
Phone Number: 760.473.8838
PROPERTY OWNER
Name: RAF Group Bressi Ranch, LLC
Add 1010 S. Coast Highway 101, Suite 103 ress: ________ _
Encinitas, CA 92024
Phone Number: 760-4 73-8838
Address of Site: 6191 Innovation Way, Carlsbad, CA 92009
Local Agency (City and county): Carlsbad -San Diego County
Assessor's book, page, and parcel number:_2_1_3_-_2_6_1_-_1_4 ____________ _
Specify list(s):_N_A ______________________ _
Regulatory ldentifi4' ~~nJN
Date of List:_N __ ..._ _______________________ _
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) Page 1 of 2 Revised 02/13
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ___________ (To be completed by City)
Application Number(s): -------------------
Gener a I Information
1. Name of project: Instigate Bressi Lot 23
2. Name of developer or project sponsor: RAF Group Bressi Ranch, LLC
Address: 1010 S. Coast Hwy 101, Ste 103
City, State, Zip Code: Encinitas, California 92024
Phone Number: 760-4 73-8838
3. Name of person to be contacted concerning this project: Mary Bilse, Howes Weiler & Associates
Address: 2888 Loker Avenue East, Suite 217
City, State, Zip Code: Carlsbad, CA 92010
Phone Number: 760-929-2288 ext 409
4. Address of Project: 6191 Innovation Way, Carlsbad, CA
Assessor's Parcel Number: 213-261-14
5.
6.
7.
8.
9.
------------------
~ist a~d describe any other related permits and other public approvals required for this project
including those required by city, regional, state and federal agencies: '
Minor CUP and Minor SDP
Existing General Plan Land Use Designation: Pl, Planned Industrial
Existing zoning district: P-C, Planned Community MP 000178
Existing land use(s): Vacant Lot --------------------
Proposed use of site (Project for which this form is filed): Development of two office
buildings including 8,000 SF of restaurant.
Project Description
10. Site size: 4.43 acres ----------------------
11. Proposed Building square footage: 44,030 SF ------------------
12: Number of floors of construction: Two floors ------------------
13. Amount of off-street parking provided: 278 -----------------
14. Associated projects: N/ A --------------------
P-1(D) Page 2 of 4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: _N_/ A ________ _
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ______________________ _
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities:
N/A
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 is required: Restaurant (8,000 sf) is a conditional use in the Planned Industrial zone.
P-1(D) Page 3 of 4 Revised 07/10
Are the following Items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yn 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 1 0 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 following 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 polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached e
information required for this initial evaluation to the best of my ability, and t
information presented are true and correct to the best of my knowledge an
I() -1._Lf-1A' I <t, Date: __________ _
For:
P-1(0) Page 4 of 4
sent the data and
, statements, and
Revised 07/10
EIA INFORMATION FORM
Environmental Setting
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.
The project site is located at 6191 Innovation Way and Palomar Airport Road on a vacant pad,
previously graded with the mass grading permit approved for the Bressi Ranch Master Tentative
Map project. The site is topographically suitable for the proposed improvements. Public
curb/gutter/sidewalks are existing along Palomar Airport Road and Innovation Way street
frontages. The site is void of any structure and surface improvements. No plants and animals
are present. The soils are suitable to support buildings on conventional shallow foundations.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (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.
The project site is bordered on the south, east, and west by P-M zoned properties with Planned
Industrial land uses. Directly south are newly constructed industrial buildings. Directly west are
multiple 2-story office buildings. To the east across Innovation Way are the Towers at Bressi
Ranch, a flex/industrial office development. This project incorporates a 50 ft landscape setback
along Palomar Airport Road and a 35 ft landscape setback along Innovation Way. Please see
project description for photographs of the existing lot and surrounding uses.
(acyof
c:atlsoad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
-Development Services
Plannln1 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 at is needed to make this application complete.
When the application is complete, the process· pe · d will start upon the date of the completion letter.
If you have any questions regarding ppll on submittal requirements (I.e., clarification
regarding a specific requirement or w the II requirements are necessary for your particular
appllcatlon) please call (760) 802-461 .
Applicant Signature:
Staff Signature:
Date: lO ·11-llp
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
~ f
(f) Mail Processing Center'
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Issued Date: 09/16/2016
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
Aeronautical Study No.
2016-A WP-7847-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building RAF Bressi Lot 23 West Bldg NE
Carlsbad, CA
33-07-48.66N NAD 83
117-15-35.94W
381 feet site elevation (SE)
45 feet above ground level (AGL)
426 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, bee-filed any time the
project is abandoned or:
_X_ At least 10 days prior to start of construction (7460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 L.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 03/16/2018 unless:
OCT 2 7 2016
Page 1 of7
~ ,,. ·~
(a) the construction i~rted (not necessarily completed) and FA~orm 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BEE-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on
or before October 16, 2016. In the event a petition for review is filed, it must contain a full statement of the
basis upon which it is made and be submitted to the Manager, Airspace Policy & Regulation, Federal Aviation
Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 26, 2016 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone --202-267-8783 -or facsimile 202-267-9328.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
Page 2 of 7
,..,... .,, ,...,
I An account of the study findings~ronautical objections received by the F A-/during the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
Ifwe can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2016-AWP-7847-OE.
Signature Control No: 301707158-304847528
Mike Helvey
Manager, Obstruction Evaluation Group
Attachment( s)
Additional Information
Map(s)
Page 3 of 7
(DNH)
Addie.al information for ASN 2016-A WP-,:~.:::r-OE
The proposal, submitted by Smith Consulting Architects will construct a 45-ft above ground level (agl) structure
on rising natural terrain in Carlsbad, California. The site is located approximately 1.02 nautical miles
northeast of the McClellan-Palomar (CRQ) airport reference point; 3,752 feet direct distance to Runway 24
physical end. The CRQ Field Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest
civilian public-use landing area. The site elevation of this proposal is 381 feet amsl.
The structure height exceeds the obstruction standards of Title 14 Code of Federal Regulations (CFR) Part 77 as
follows:
Section 77 .19( d) by 30 feet, because of the rising site terrain -a height exceeding the CRQ Runway 24 standard
approach surface.
Section 77.17(a)(3) would penetrate the CRQ RWY 6 40:1 departure obstacle clearance surface (OCS) in the
Initial Climb Area (ICA) by 7 feet (less than 35 feet). The structure height would not require an increase in
the existing published departure climb gradient ( cg), nor would it require an increase in departure weather
minimums. It qualifies as a low close-in obstacle penetration with climb gradient termination altitude 200 feet
or less above departure end of runway (DER), and upon receipt of the 7460-2 Part 1, a note will be added to the
'Take-off Minimums and (Obstacle) Departure Procedures in the U.S. Terminal Procedures publication.
Details of the proposal were not circularized for public aeronautical comment because internal FAA evaluation
finds that the adverse effect of this structure is known. There would be no derogation of the navigable airspace
overlying the site. Structures of similar height exist in the area. Existing obstacles and terrain control the
development of future approach and departure instrument Terminal Procedures at CRQ. Therefore, no further
attempt to negotiate the structure to a lower height was considered necessary. This does not affect the right to
petition for review determinations regarding structures which exceed the subject obstruction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
-None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
-The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
-The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
-The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
-The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of7
.
-The proposal would not conflicC.th airspace required to conduct normal ~ traffic pattern operations at
any known public use or military airports, including CRQ. The proposal does not penetrate the maneuvering
area associated with VFR Traffic Pattern operations at CRQ. Aircraft at normal Traffic Pattern altitudes and
standard rates of descent have reasonable clearance above this structure.
-The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
The cumulative impact of the proposed structure, when combined with other existing structures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This determination, issued in accordance with Part 77, concerns the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local governmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 7
PO Map for ASN 2016-A WP-7847-
Page 6 of 7
CAR
'Suppleme
(sf c) eff hrs
-~tional Map for ASN 2016-AWP-7847 E
. IV
~ AXWEl!L M
~sbsl.. 1°?1-:
27/122:-
-..l..~L;.'-RP 24
:::\ • N:-PALO ~ .(
~&~<Cl ~TIS120 ,.
.,
Page 7 of 7
E
•
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10 l O 1 Hill wood Parkway
Fort Worth, TX 76177
Issued Date: 09/16/2016
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
Aeronautical Study No.
2016-AWP-7848-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building RAF Bressi Lot 23 West Bldg SE
Carlsbad, CA
33-07-47.83N NAD 83
117-15-35.84W
381 feet site elevation (SE)
45 feet above ground level (AGL)
426 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, bee-filed any time the
project is abandoned or:
_X_ At least 10 days prior to start of construction (7460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 L.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 03/16/2018 unless:
Page 1 of7
OCT 2 7 2016
CITY u:-::: C/'-:~:1_;:;;_::-tD
FU,!~N!i\JG LI\/L __ , ~,:~
(a) the construction is\~rted (not necessarily completed) and FA'h-"form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BEE-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HA VE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on
or before October 16, 2016. In the event a petition for review is filed, it must contain a full statement of the
basis upon which it is made and be submitted to the Manager, Airspace Policy & Regulation, Federal Aviation
Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 26, 2016 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone --202-267-8783 -or facsimile 202-267-9328.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
Page 2 of7
-An account of the study findings, '.!efonautical objections received by the FA~uring the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
Ifwe can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2016-AWP-7848-OE.
Signature Control No: 301707160-304852391
Mike Helvey
Manager, Obstruction Evaluation Group
Attachment(s)
Additional Information
Map(s)
Page 3 of 7
(DNH)
---Addi~al information for ASN 2016-A WP-~1'1!118-0E
The proposal, submitted by Smith Consulting Architects will construct a 45-ft above ground level (agl) structure
on rising natural terrain in Carlsbad, California. The site is located approximately 1.02 nautical miles
northeast of the McClellan-Palomar (CRQ) airport reference point; 3,756 feet direct distance to Runway 24
physical end. The CRQ Field Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest
civilian public-use landing area. The site elevation of this proposal is 381 feet amsl.
The structure height exceeds the obstruction standards of Title 14 Code of Federal Regulations (CFR) Part 77 as
follows:
Section 77 .19( d) by 30 feet, because of the rising site terrain -a height exceeding the CRQ Runway 24 standard
approach surface.
Section 77.l 7(a)(3) would penetrate the CRQ RWY 6 40:1 departure obstacle clearance surface (OCS) in the
Initial in the existing published departure climb gradient ( cg), nor would it require an increase in departure
weather minimums. It qualifies as a low close-in obstacle penetration with climb gradient termination altitude
200 feet or less above departure end of runway (DER), and Climb Area (ICA) by 7 feet (less than 35 feet). The
structure height would not require an increase upon receipt of the 7460-2 Part 1, a note will be added to the
'Take-off Minimums and (Obstacle) Departure Procedures in the U.S. Terminal Procedures publication.
Details of the proposal were not circularized for public aeronautical comment because internal FAA evaluation
finds that the adverse effect of this structure is known. There would be no derogation of the navigable airspace
overlying the site. Structures of similar height exist in the area. Existing obstacles and terrain control the
development of future approach and departure instrument Terminal Procedures at CRQ. Therefore, no further
attempt to negotiate the structure to a lower height was considered necessary. This does not affect the right to
petition for review determinations regarding structures which exceed the subject obstruction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
-None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
-The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
-The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
-The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
-The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of7
-The proposal would not conflict'-:...rth airspace required to conduct normal \.,.....it traffic pattern operations at
any known public use or military airports, including CRQ. The proposal does not penetrate the maneuvering
area associated with VFR Traffic Pattern operations at CRQ. Aircraft at normal Traffic Pattern altitudes and
standard rates of descent have reasonable clearance above this structure.
-The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
The cumulative impact of the proposed structure, when combined with other existing structures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This determination, issued in accordance with Part 77, concerns the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local governmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 7
PO Map for ASN 2016-A WP-7848-
Page 6 of 7
'Suppleme
( fc) eff hrs
tional Map for ASN 2016-A WP-7848-
l'.7
~~
AXWEl!.L M
~sost1?1-=
27/122:-7.
-i.~-RP 24'\)
'IS
~IDE .,, ~
~ . tac N:-PALOMA~.
~5..,9<'(1 ~ TI~12
1· E
69
Page 7 of 7
,_
•
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Issued Date: 09/16/2016
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
Aeronautical Study No .
2016-AWP-7849-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building RAF Bressi Lot 23 West Bldg SW
Carlsbad, CA
33-07-47.67N NAD 83
l 17-15-37.79W
381 feet site elevation (SE)
45 feet above ground level (AGL)
426 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, bee-filed any time the
project is abandoned or:
_X_ At least 10 days prior to start of construction (7460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 L.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 03/16/2018 unless:
Page 1 of 7
OCT 2 7 2016
CITY OF CARLSBAD
PLANN:NG DIVISION
r""
(a) the construction is~ed (not necessarily completed) and FA~-iorm 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HA VE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on
or before October 16, 2016. In the event a petition for review is filed, it must contain a full statement of the
basis upon which it is made and be submitted to the Manager, Airspace Policy & Regulation, Federal Aviation
Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 26, 2016 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone --202-267-8783 -or facsimile 202-267-9328.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
Page 2 of7
~ ,""'·-,
An account of the study findings,~onautical objections received by the F~during the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
If we can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2016-AWP-7849-OE.
Signature Control No: 301707161-304870327
Mike Helvey
Manager, Obstruction Evaluation Group
Attachment(s)
Additional Information
Map(s)
Page 3 of 7
(DNH)
~ ,-"-
Add~al information for ASN 2016-A WP-'~-t9-OE
The proposal, submitted by Smith Consulting Architects will construct a 45-ft above ground level (agl) structure
on rising natural terrain in Carlsbad, California. The site is located approximately 0.99 nautical miles
northeast of the McClellan-Palomar (CRQ) airport reference point; 3,590 feet direct distance to Runway 24
physical end. The CRQ Field Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest
civilian public-use landing area. The site elevation of this proposal is 381 feet amsl.
The structure height exceeds the obstruction standards of Title 14 Code of Federal Regulations (CFR) Part 77 as
follows:
Section 77 .19( d) by 33 feet, because of the rising site terrain -a height exceeding the CRQ Runway 24 standard
approach surface.
Section 77.17(a)(3) would penetrate the CRQ RWY 6 40:1 departure obstacle clearance surface (OCS) in the
Initial Climb Area (ICA) by 11 feet (less than 35 feet). The proposed structure height would not require an
increase in the existing published departure climb gradient ( cg), nor would it require an increase in departure
weather minimums. It qualifies as a low close-in obstacle penetration with climb gradient termination altitude
200 feet or less above departure end of runway (DER), and upon receipt of the 7460-2 Part 1, a note will
be added to the 'Take-off Minimums and (Obstacle) Departure Procedures in the U.S. Terminal Procedures
publication.
Details of the proposal were not circularized for public aeronautical comment because internal FAA evaluation
finds that the adverse effect of this structure is known. There would be no derogation of the navigable airspace
overlying the site. Structures of similar height exist in the area. Existing obstacles and terrain control the
development of future approach and departure instrument Terminal Procedures at CRQ. Therefore, no further
attempt to negotiate the structure to a lower height was considered necessary. This does not affect the right to
petition for review determinations regarding structures which exceed the subject obstruction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
-None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
-The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
-The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
-The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
-The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of7
-The proposal would not conflict with airspace required to conduct normal VFR traffic pattern operations at
any known public use or military airports, including CRQ. The proposal does not penetrate the maneuvering
area associated with VFR Traffic Pattern operations at CRQ. Aircraft at normal Traffic Pattern altitudes and
standard rates of descent have reasonable clearance above this structure.
-The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
The cumulative impact of the proposed structure, when combined with other existing structures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This determination, issued in accordance with Part 77, concerns the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local governmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 7
PO Map for ASN 2016-A WP-7849-0
Page 6 of 7
Suppleme
(sfc) eff hrs
~ tional Map for ASN 2016-A WP-7849-~
1V
~ AXWEl!.L M ~sost 1·i1-:
27/122.~
RP24~
1S
~ ID .. . ,.. ~
7' • tac N:-PALOMA~.(C
~&~<'Cl ~TIS 120 ,. l:
,,.
E
' .. _ . ON , __ -.~~~
Page 7 of 7
r--
\,.,,;
•
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hill wood Parkway
Fort Worth, TX 76177
Issued Date: 09/16/2016
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
Aeronautical Study No .
2016-A WP-7850-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building RAF Bressi Lot 23 West Bldg NW
Carlsbad, CA
33-07-48.S0N NAD 83
117-15-37.89W
381 feet site elevation (SE)
45 feet above ground level (AGL)
426 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, bee-filed any time the
project is abandoned or:
_X_ At least 10 days prior to start of construction (7460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 L.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 03/16/2018 unless:
Page 1 of 7
OCT 2 7 2016
CITY OF C;\RLSBP,D
P' f:.' '\i '1G Q\V!S:ON ~ -J •• \ ..... \,;
~ ,-....
(a) the construction is~ed (not necessarily completed) and F ~orm 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BEE-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HA VE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on
or before October 16, 2016. In the event a petition for review is filed, it must contain a full statement of the
basis upon which it is made and be submitted to the Manager, Airspace Policy & Regulation, Federal Aviation
Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 26, 2016 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone --202-267-8783 -or facsimile 202-267-9328.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOT AM) can be issued. As soon as the normal operation is restored, notify the same number.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
Page 2 of7
. ~ ,, ,,..,.,
An account of the study findings,~onautical objections received by the F A,...,_.lduring the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
If we can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2016-AWP-7850-OE.
Signature Control No: 301707162-304870502
Mike Helvey
Manager, Obstruction Evaluation Group
Attachment( s)
Additional Information
Map(s)
Page 3 of 7
(DNH)
,,....,._ ,., .......
Addi~al information for ASN 2016-A WP-"t,,..,,(}-OE
The proposal, submitted by Smith Consulting Architects will construct a 45-ft above ground level (agl) structure
on rising natural terrain in Carlsbad, California. The site is located approximately 0.99 nautical miles
northeast of the McClellan-Palomar (CRQ) airport reference point; 3,586 feet direct distance to Runway 24
physical end. The CRQ Field Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest
civilian public-use landing area. The site elevation of this proposal is 381 feet amsl.
The structure height exceeds the obstruction standards of Title 14 Code of Federal Regulations (CFR) Part 77 as
follows:
Section 77 .19( d) by 33 feet, because of the rising site terrain -a height exceeding the CRQ Runway 24 standard
approach surface.
Section 77. l 7(a)(3) would penetrate the CRQ RWY 6 40: 1 departure obstacle clearance surface (OCS) in the
Initial Climb Area (ICA) by 11 feet (less than 35 feet). The proposed structure height would not require an
increase in the existing published departure climb gradient ( cg), nor would it require an increase in departure
weather minimums. It qualifies as a low close-in obstacle penetration with climb gradient termination altitude
200 feet or less above departure end of runway (DER), and upon receipt of the 7460-2 Part 1, a note will
be added to the 'Take-off Minimums and (Obstacle) Departure Procedures in the U.S. Terminal Procedures
publication.
Details of the proposal were not circularized for public aeronautical comment because internal FAA evaluation
finds that the adverse effect of this structure is known. There would be no derogation of the navigable airspace
overlying the site. Structures of similar height exist in the area. Existing obstacles and terrain control the
development of future approach and departure instrument Terminal Procedures at CRQ. Therefore, no further
attempt to negotiate the structure to a lower height was considered necessary. This does not affect the right to
petition for review determinations regarding structures which exceed the subject obstruction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
-None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
-The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
-The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
-The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
-The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of 7
~
\. "
-The proposal would not conflict with airspace required to conduct normal VFR traffic pattern operations at
any known public use or military airports, including CRQ. The proposal does not penetrate the maneuvering
area associated with VFR Traffic Pattern operations at CRQ. Aircraft at normal Traffic Pattern altitudes and
standard rates of descent have reasonable clearance above this structure.
-The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
The cumulative impact of the proposed structure, when combined with other existing structures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This determination, issued in accordance with Part 77, concerns the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local governmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 7
PO Map for ASN 2016-A WP-7850-
Page 6 of 7
fSuppleme
(sfc) eff hrs
&-·onal Map for ASN 2016-AWP-7850-'
y
~~
AXWEl!.L M
~S0~1°?7
2 17122.
~---RP 24 ~·-
100
68
Page 7 of 7
::::\
, N :-PALOMAR.(C
.&J<ct.a~TIS120
. 1· [Y49 E
AN --..
•
Mail Processing Cen~t
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hill wood Parkway
Fort Worth, TX 76177
Issued Date: 09/16/2016
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
Aeronautical Study No.
2016-AWP-7854-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building RAF Bressi Lot 23 East Bldg NE
Carlsbad, CA
33-07-48.76N NAD 83
117-15-34.54W
382 feet site elevation (SE)
45 feet above ground level (AGL)
427 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_X_ At least 10 days prior to start of construction (7 460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 L.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 03/16/2018 unless:
OCT 2 7 2016
Page 1 of7 CITY OF CA,:~L22AD
(a) the construction isCrted (not necessarily completed) and F ~orm 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BEE-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HA VE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on
or before October 16, 2016. In the event a petition for review is filed, it must contain a full statement of the
basis upon which it is made and be submitted to the Manager, Airspace Policy & Regulation, Federal Aviation
Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 26, 2016 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Airspace Regulations & A TC
Procedures Group via telephone --202-267-8783 -or facsimile 202-267-9328.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
Page 2 of 7
An account of the study findingsConautical objections received by the F ~during the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
Ifwe can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2016-AWP-7854-OE.
Signature Control No: 301719321-304870700
Mike Helvey
Manager, Obstruction Evaluation Group
Attachment( s)
Additional Information
Map(s)
Page 3 of 7
(DNH)
AddGa1 information for ASN 2016-A WP-'~4-0E
The proposal, submitted by Smith Consulting Architects will construct a 45-ft above ground level (agl) structure
on rising natural terrain in Carlsbad, California. The site is located approximately 1.04 nautical miles
northeast of the McClellan-Palomar (CRQ) airport reference point; 3,872 feet direct distance to Runway 24
physical end. The CRQ Field Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest
civilian public-use landing area. The site elevation of this proposal is 382 feet amsl.
The structure height exceeds the obstruction standards of Title 14 Code of Federal Regulations (CFR) Part 77 as
follows:
Section 77 .19( d) by 28 feet, because of the rising site terrain -a height exceeding the CRQ Runway 24 standard
approach surface.
Section 77 .17(a)(3) would penetrate the CRQ RWY 6 40: 1 departure obstacle clearance surface (OCS) in the
Initial Climb Area (ICA) by 5 feet (less than 35 feet). The proposed structure height would not require an
increase in the existing published departure climb gradient ( cg), nor would it require an increase in departure
weather minimums. It qualifies as a low close-in obstacle penetration with climb gradient termination altitude
200 feet or less above departure end of runway (DER), and upon receipt of the 7460-2 Part 1, a note will
be added to the 'Take-off Minimums and (Obstacle) Departure Procedures in the U.S. Terminal Procedures
publication.
Details of the proposal were not circularized for public aeronautical comment because internal FAA evaluation
finds that the adverse effect of this structure is known. There would be no derogation of the navigable airspace
overlying the site. Structures of similar height exist in the area. Existing obstacles and terrain control the
development of future approach and departure instrument Terminal Procedures at CRQ. Therefore, no further
attempt to negotiate the structure to a lower height was considered necessary. This does not affect the right to
petition for review determinations regarding structures which exceed the subject obstruction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
-None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
-The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
-The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
-The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
-The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of7
-The proposal would not conflict with airspace required to conduct normal VFR traffic pattern operations at
any known public use or military airports, including CRQ. The proposal does not penetrate the maneuvering
area associated with VFR Traffic Pattern operations at CRQ. Aircraft at normal Traffic Pattern altitudes and
standard rates of descent have reasonable clearance above this structure.
-The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
The cumulative impact of the proposed structure, when combined with other existing structures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This determination, issued in accordance with Part 77, concerns the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local governmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of7
PO Map for ASN 2016-A WP-7854-b
Page 6 of 7
Supplem ,
(sfc} eff hrs
..,, ~tional Map for ASN 2016-A WP-7854-o1
19
~ AXWEl!L M
~sb~f?1. 21,122:-
-..L~--'-RP 24<)
1S
-H• .,
--\:....,_ ---"'1#1.J!o!:.,~E'
Page 7 of 7
,,.....,
•
Mail Processing Cen~
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Issued Date: 09/16/2016
Peter Bussert
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
Aeronautical Study No.
2016-AWP-7855-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building RAF Bressi Lot 23 East Bldg SE
Carlsbad, CA
33-07-47.S0N NAD 83
117-15-34.49W
382 feet site elevation (SE)
45 feet above ground level (AGL)
427 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, bee-filed any time the
project is abandoned or:
_X_ At least 10 days prior to start of construction (7 460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7 460-1 L.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 03/16/2018 unless:
OCT 2 7 2016
Page 1 of 7
I"'"""
(a) the construction is ~...tied (not necessarily completed) and F ~orm 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BEE-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HA VE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on
or before October 16, 2016. In the event a petition for review is filed, it must contain a full statement of the
basis upon which it is made and be submitted to the Manager, Airspace Policy & Regulation, Federal Aviation
Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 26, 2016 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone --202-267-8783 -or facsimile 202-267-9328.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
Page 2 of 7
·"" ,,. ....
An account of the study findings,"'-,,{onautical objections received by the F ~uring the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
Ifwe can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2016-AWP-7855-OE.
Signature Control No: 301719323-304871745
Mike Helvey
Manager, Obstruction Evaluation Group
Attachment( s)
Additional Information
Map(s)
Page 3 of 7
(DNH)
Addie.al information for ASN 2016-A WP-~-OE
The proposal, submitted by Smith Consulting Architects will construct a 45-ft above ground level (agl) structure
on rising natural terrain in Carlsbad, California. The site is located approximately 1.04 nautical miles
northeast of the McClellan-Palomar (CRQ) airport reference point; 3,870 feet direct distance to Runway 24
physical end. The CRQ Field Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest
civilian public-use landing area. The site elevation of this proposal is 382 feet ams 1.
The structure height exceeds the obstruction standards of Title 14 Code of Federal Regulations (CFR) Part 77 as
follows:
Section 77 .19( d) by 29 feet, because of the rising site terrain -a height exceeding the CRQ Runway 24 standard
approach surface.
Section 77.17(a)(3) would penetrate the CRQ RWY 6 40:1 departure obstacle clearance surface (OCS) in the
Initial Climb Area (ICA) by 6 feet (less than 35 feet). The proposed structure height would not require an
increase in the existing published departure climb gradient ( cg), nor would it require an increase in departure
weather minimums. It qualifies as a low close-in obstacle penetration with climb gradient termination altitude
200 feet or less above departure end of runway (DER), and upon receipt of the 7460-2 Part 1, a note will
be added to the 'Take-off Minimums and (Obstacle) Departure Procedures in the U.S. Terminal Procedures
publication.
Details of the proposal were not circularized for public aeronautical comment because internal FAA evaluation
finds that the adverse effect of this structure is known. There would be no derogation of the navigable airspace
overlying the site. Structures of similar height exist in the area. Existing obstacles and terrain control the
development of future approach and departure instrument Terminal Procedures at CRQ. Therefore, no further
attempt to negotiate the structure to a lower height was considered necessary. This does not affect the right to
petition for review determinations regarding structures which exceed the subject obstruction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
-None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
-The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
-The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
-The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
-The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of7
~
'-·-'
-The proposal would not conflict with airspace required to conduct normal VFR traffic pattern operations at
any known public use or military airports, including CRQ. The proposal does not penetrate the maneuvering
area associated with VFR Traffic Pattern operations at CRQ. Aircraft at normal Traffic Pattern altitudes and
standard rates of descent have reasonable clearance above this structure.
-The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
The cumulative impact of the proposed structure, when combined with other existing structures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This determination, issued in accordance with Part 77, concerns the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local governmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 7
PO Map for ASN 2016-A WP-7855-C=
Page 6 of 7
'Suppteme
(sfc) eff hrs
ional Map for ASN 2016-A WP-7855-L
IV
~ AXWEl!L M
~S0~1-?7-:
27/122;-
.......... i:::,iillll-RP 24
100
68
::::\ • :-PALOMA~.
~6 .. ~(I ~TIS 12
t· Li49 E
AN' ..
6
~~~Wb~o~o ~ H -_ -___ 7~~r
Page 7 of 7
•
. Mail Processing Cen~
Federal A via ti on Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hill wood Parkway
Fort Worth, TX 76177
Issued Date: 09/16/2016
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
Aeronautical Study No.
2016-A WP-7856-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44 718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building RAF Bressi Lot 23 East Bldg SW
Carlsbad, CA
33-07-47.48N NAD 83
117-15-35.21W
382 feet site elevation (SE)
45 feet above ground level (AGL)
427 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, bee-filed any time the
project is abandoned or:
_X_ At least 10 days prior to start of construction (7460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 L.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 03/16/2018 unless:
Page 1 of 7
REC'."~'~_'?: :J
OCT 2 7 2016
(a)
(b)
(c)
I"' ... """'
the construction i~ed (not necessarily completed) and F ~orm 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
extended, revised, or terminated by the issuing office.
the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BEE-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HA VE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on
or before October 16, 2016. In the event a petition for review is filed, it must contain a full statement of the
basis upon which it is made and be submitted to the Manager, Airspace Policy & Regulation, Federal Aviation
Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 26, 2016 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Airspace Regulations & ATC
Procedures Group via telephone --202-267-8783 -or facsimile 202-267-9328.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
Page 2 of 7
An ·account of the study findingsConautical objections received by the F ~during the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
Ifwe can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2016-A WP-7856-OE.
Signature Control No: 301719324-304872186
Mike Helvey
Manager, Obstruction Evaluation Group
Attachment( s)
Additional Information
Map(s)
Page 3 of7
(DNH)
AddCial information for ASN 2016-A WP-'_:;)6-0E
The proposal, submitted by Smith Consulting Architects will construct a 45-ft above ground level (agl) structure
on rising natural terrain in Carlsbad, California. The site is located approximately 1.03 nautical miles
northeast of the McClellan-Palomar (CRQ) airport reference point; 3,809 feet direct distance to Runway 24
physical end. The CRQ Field Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest
civilian public-use landing area. The site elevation of this proposal is 382 feet ams 1.
The structure height exceeds the obstruction standards of Title 14 Code of Federal Regulations (CFR) Part 77 as
follows:
Section 77 .19( d) by 30 feet, because of the rising site terrain -a height exceeding the CRQ Runway 24 standard
approach surface.
Section 77.l 7(a)(3) would penetrate the CRQ RWY 6 40:1 departure obstacle clearance surface (OCS) in the
Initial Climb Area (ICA) by 7 feet (less than 35 feet). The proposed structure height would not require an
increase in the existing published departure climb gradient ( cg), nor would it require an increase in departure
weather minimums. It qualifies as a low close-in obstacle penetration with climb gradient termination altitude
200 feet or less above departure end of runway (DER), and upon receipt of the 7460-2 Part 1, a note will
be added to the 'Take-off Minimums and (Obstacle) Departure Procedures in the U.S. Terminal Procedures
publication.
Details of the proposal were not circularized for public aeronautical comment because internal FAA evaluation
finds that the adverse effect of this structure is known. There would be no derogation of the navigable airspace
overlying the site. Structures of similar height exist in the area. Existing obstacles and terrain control the
development of future approach and departure instrument Terminal Procedures at CRQ. Therefore, no further
attempt to negotiate the structure to a lower height was considered necessary. This does not affect the right to
petition for review determinations regarding structures which exceed the subject obstruction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
-None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
-The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
-The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
-The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
-The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of7
C
-The proposal would not conflict with airspace required to conduct normal VFR traffic pattern operations at
any known public use or military airports, including CRQ. The proposal does not penetrate the maneuvering
area associated with VFR Traffic Pattern operations at CRQ. Aircraft at normal Traffic Pattern altitudes and
standard rates of descent have reasonable clearance above this structure.
-The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
The cumulative impact of the proposed structure, when combined with other existing structures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This determination, issued in accordance with Part 77, concerns the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local governmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 7
PO Map for ASN 2016-A WP-7856-
Page 6 of 7
'Supple e
(sfc) eff hrs
tional Map for ASN 2016-A WP-785@ ~
y
AXWEl!.L M
~S0~1-?7
21,122.
~~-'-RP24
100
68
Page 7 of 7
~ • , N:-PALO .
;&~<'•l~TIS-12
1· Li49
AN ..
69
,.,,..._
•
Mail Processing Cent~
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hill wood Parkway
Fort Worth, TX 76177
Issued Date: 09/16/2016
Peter Bussett
Smith Consulting Architects
13280 Evening creek drive
San Diego, CA 92128
Aeronautical Study No.
2016-A WP-7857-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44 718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Location:
Latitude:
Longitude:
Heights:
Building RAF Bressi Lot 23 East Bldg NW
Carlsbad, CA
33-07-48.75N NAD 83
l 17-15-35.34W
382 feet site elevation (SE)
45 feet above ground level (AGL)
427 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, bee-filed any time the
project is abandoned or:
_X_ At least 10 days prior to start of construction (7460-2, Part 1)
_X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 L.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 03/16/2018 unless:
OCT 2 7 2016
Page 1 of 7
,,,,,,.-,... ,...."
(a) the construction is"-..crted (not necessarily completed) and F~orm 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HA VE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is subject to review if an interested party files a petition that is received by the FAA on
or before October 16, 2016. In the event a petition for review is filed, it must contain a full statement of the
basis upon which it is made and be submitted to the Manager, Airspace Policy & Regulation, Federal Aviation
Administration, 800 Independence Ave, SW, Room 423, Washington, DC 20591.
This determination becomes final on October 26, 2016 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Airspace Regulations & A TC
Procedures Group via telephone --202-267-8783 -or facsimile 202-267-9328.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
Page 2 of7
. C ..........
An account of the study findings, onautical objections received by the F~during the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
Ifwe can be of further assistance, please contact Karen McDonald, at (310) 725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2016-A WP-7857-OE.
Signature Control No: 301719325-304872221
Mike Helvey
Manager, Obstruction Evaluation Group
Attachment(s)
Additional Information
Map(s)
Page 3 of 7
(DNH)
AddCal information for ASN 2016-A WP-~-OE
The proposal, submitted by Smith Consulting Architects will construct a 45-ft above ground level (agl) structure
on rising natural terrain in Carlsbad, California. The site is located approximately 1.03 nautical miles
northeast of the McClellan-Palomar (CRQ) airport reference point; 3,804 feet direct distance to Runway 24
physical end. The CRQ Field Elevation (FE) is 330 feet above mean sea level (amsl). CRQ is the closest
civilian public-use landing area. The site elevation of this proposal is 382 feet amsl.
The structure height exceeds the obstruction standards of Title 14 Code of Federal Regulations (CFR) Part 77 as
follows:
Section 77 .19( d) by 30 feet, because of the rising site terrain -a height exceeding the CRQ Runway 24 standard
Approach Surface.
Section 77.17(a)(3) would penetrate the CRQ RWY 6 40:1 departure obstacle clearance surface (OCS) in the
Initial Climb Area (ICA) by 7 feet (less than 35 feet). The proposed structure height would not require an
increase in the existing published departure climb gradient ( cg), nor would it require an increase in departure
weather minimums. It qualifies as a low close-in obstacle penetration with climb gradient termination altitude
200 feet or less above departure end of runway (DER), and upon receipt of the 7460-2 Part 1, a note will
be added to the 'Take-off Minimums and (Obstacle) Departure Procedures in the U.S. Terminal Procedures
publication.
Details of the proposal were not circularized for public aeronautical comment because internal FAA evaluation
finds that the adverse effect of this structure is known. There would be no derogation of the navigable airspace
overlying the site. Structures of similar height exist in the area. Existing obstacles and terrain control the
development of future approach and departure instrument Terminal Procedures at CRQ. Therefore, no further
attempt to negotiate the structure to a lower height was considered necessary. This does not affect the right to
petition for review determinations regarding structures which exceed the subject obstruction standards.
AERONAUTICAL STUDY FOR POSSIBLE EFFECT UPON THE OPERATION OF AN AIR
NAVIGATION AID:
-None.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
-The proposal would have no effect on any existing or proposed IFR arrival/departure routes, operations, or
procedures.
-The proposal would have no effect on any existing or proposed IFR en route routes, operations, or procedures.
-The proposal would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
-The proposal would have no effect on any existing or proposed VFR arrival or departure routes, operations or
procedures.
Page 4 of7
-The proposal would not conflict with airspace required to conduct normal VFR traffic pattern operations at
any known public use or military airports, including CRQ. The proposal does not penetrate the maneuvering
area associated with VFR Traffic Pattern operations at CRQ. Aircraft at normal Traffic Pattern altitudes and
standard rates of descent have reasonable clearance above this structure.
-The proposal would not penetrate those altitudes normally considered available to airmen for VFR en route
flight.
The cumulative impact of the proposed structure, when combined with other existing structures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
civilian public-use or military airport.
Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
This determination, issued in accordance with Part 77, concerns the effect of the proposal on the safe and
efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance
responsibilities relating to laws, ordinances, or regulations of any Federal, state, or local governmental bodies.
Determinations, which are issued in accordance with Part 77, do not supersede or override any state, county, or
local laws, avigation easements, or ordinances, or local zoning maximum heights.
Page 5 of 7
OPO Map for ASN 2016-A WP-7857-Cc
Page 6 of 7
'Suppleme
(sfc) eff hrs
donal Map for ASN 2016-A WP-7857 '
. 19
100
68
~~
AXWEl!.L M
~S0~1-?7-:
27/122:-
~-..;'-RP 24
Page 7 of 7
May 09, 2016
Carmela D. Nicholas
Order 1:)ier: NCS-792234-SD
Page Number: 1
First American Title Company
National Commercial Services
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
Pillsbury Winthrop Shaw Pittman LLP
12255 El Camino Real, Suite 300
San Diego , CA 92130-2092
Phone: (858)509-4021
Fax: (858)509-4010
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
6191 Innovation Way
Vince Tocco/ Linda Slavik
(858)410-3886
(877)461-2094
vtocco@firstam.com
Lot 23 Bressi Ranch, LLC
6191 Innovation Way, Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A
attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the Cl TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be
read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
First American Title Insurance Company
C Order .~er: NCS-792234-SD
Page Number: 2
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
First American Title Insurance Company
C
Dated as of May 03, 2016 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Standard Owner Policy
Order ~er: NCS-792234-SD
Page Number: 3
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Lot 23 Bressi Ranch LLC, a California limited liability company
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 2016-2017, a lien not yet due or
payable.
2. Assessment liens, if applicable, collected with the general and special taxes, including but not
limited to those disclosed by the reflection of the following on the tax roll:
1915 Bond for City of Carlsbad 2002-1; Street Improvements
3. 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. 01, as disclosed by Notice of
Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records.
Document(s) declaring modifications thereof recorded March 14, 2003 as Instrument No.'s 2003-
0289327 and 2003-0289328, both of Official Records.
4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
5. The privilege and right to extend drainage structures, excavation and embankment slopes
beyond the limits of Road Survey No. 757 where required for the construction and maintenance
thereof as granted to the County of San Diego in Deed recorded October 02, 1940 in Book 1069,
Page 456 of Official Records.
The location of the easement cannot be determined from record information.
First American Title Insurance Company
C Order ~er: NCS-792234-5D
Page Number: 4
6. The privilege and right to extend drainage structures, excavation and embankment slopes
beyond the limits of highway where required for the construction and maintenance of said
highway as conveyed in Deed recorded December 10, 1992 as Instrument No. 1992-0793169 of
Official Records.
The location of the easement cannot be determined from record information.
7. The terms and provisions contained in the document entitled "Agreement Regarding the Payment
of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. l"
recorded December 11, 1998 as Instrument No. 1998-0806517 of Official Records.
8. The terms and provisions contained in the document entitled "Agreement Regarding Covenants
Running with the Land" recorded February 18, 1999 as Instrument No. 1999-0098738 of Official
Records.
9. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded February 25, 2003 as Instrument No. 2003-0210190 of Official Records.
10. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded March 11, 2003 as Instrument No. 2003-0270075 of Official Records.
11. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded March 11, 2003 as Instrument No. 2003-0270076 of Official
Records.
12. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded April 01, 2003 as Instrument No. 2003-0362107 of Official Records.
13. Abutter's rights of ingress and egress to or from Palomar Airport Road and Innovation Way
Except at 40' Opening have been dedicated or relinquished on the filed Map.
14. An easement shown or dedicated on the map filed or recorded February 04, 2005 as Map No.
14960 of Tract Maps
For: Landscape Maintenance and incidental purposes.
15. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded March 15, 2005 as Instrument No. 2005-0210897 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source
of income or disability, to the extent such covenants, conditions or restrictions violate Title 42,
Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on
the age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
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.
First American Title Insurance Company
C Order ,::)ier: NCS-792234-5D
Page Number: 5
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. 2014-
0110220 of Official Records.
Document(s) declaring modifications thereof recorded December 17, 2014 as Instrument No.
2014-0556453 of Official Records.
16. The terms and provisions contained in the document entitled "Agreement Regarding Annexation
of Certain Real Property to Street Lighting and Landscape District No. 2, of the City of Carlsbad
and Approval of the Levy of Assessments on such Real Property" recorded March 16, 2005
as Instrument No. 05-0216793 of Official Records.
17. 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, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
18. 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.
19. The terms and provisions contained in the document entitled "Declaration of Development
Covenants, Conditions and Restrictions" recorded September 20, 2005 as Instrument No. 2005-
0809766 of Official Records.
20. An easement for Water Line and incidental purposes, recorded December 19, 2007 as Instrument
No. 2007-0781659 of Official Records.
In Favor of:
Affects:
Carlsbad Municipal Water District, a Public Agency organized
under the Municipal Water Act of 1911, and a Subsidiary District
of the City of Carlsbad, its successors and assigns
as described therein
21. Water rights, claims or title to water, whether or not shown by the public records.
22. Rights of parties in possession.
First American Title Insurance Company
C Order :)iber: NCS-792234-SD
Page Number: 6
INFORMATIONAL NOTES ]
1. Taxes for proration purposes only for the fiscal year 2015-2016.
First Installment: $18,216.98, PAID
Second Installment: $18,216.98, PAID
Tax Rate Area: 09199
APN: 213-261-14-00
2. The property covered by this report is vacant land.
3. 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
4. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be issued.
5. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. A certificate of revivor and a certificate of relief from contract voidability 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-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability 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 application for registration, foreign limited partnership (form LP-5) and any
First American Title Insurance Company
Order~ber: NCS-792234-SD
Page Number: 7
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability 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.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy
of any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of 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 liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
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 California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
First American Title Insurance Company
Order :),ber: NCS-792234-SD
Page Number: 8
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such 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.*****
First American Title Insurance Company
LEGAL DESCRIPTION
Order .:):ier: NCS-792234-5D
Page Number: 9
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOT 23 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005.
APN: 213-261-14-00
First American Title Insurance Company
Order Jer: NCS-792234-SD
Page Number: 10
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
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, The First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
App Ii ca bility
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair Information
Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in accordance with this
Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
First American Title Insurance Company
Order ~er: NCS-792234-SD
Page Number: 11
CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10}
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;
(b) zoning;
(c) land use;
(d) improvements on the Land;
(e) land division; and
(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 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 limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy 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 Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87}
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
( c) and division
( d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
First American Title Insurance Company
C
3. Title Risks:
(a) that are created, allowed, or agreed to by you
Order::)ber: NCS-792234-SD
Page Number: 12
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
( d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (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 (including 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;
iii. the subdivision 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
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, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating 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 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include 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:
First American Title Insurance Company
C Order:)ber: NCS-792234-SD
Page Number: 13
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 claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title 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.
2006 ALTA OWNER'S POLICY (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 (including 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;
iii. the subdivision 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
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, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating 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 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include 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:
First American Title Insurance Company
C Order :)ber: NCS-792234-SD
Page Number: 14
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 claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims
or title 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.
AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
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 (including 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;
iii. the subdivision 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
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exclusion 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 Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 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 Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating 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.
First American Title Insurance Company
-RAFPACIFICAGROUP
Southwest Comer of Palomar Airport Road & Innovation Way
City of Carlsbad, California
in· sti -gate
Proposed Exterior Finishes
UII0-.0.Dri,e-,,. W.125
Sano;,go,CA92128 158.193.4777
151.193.4117 ...
........... -. SmrthCon.suit,rgArchrtects -~ :..1... ~