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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... ~