HomeMy WebLinkAboutCUP 00-21; NEXTEL - LOKER AVENUE SITE; Conditional Use Permit (CUP)R-15-2000 WED 04:29 FM CITY OF CARLSBAD FAX K. 760 602 85E
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CTTY OF CARLSBAD
LAND USE REVIEW APPUCATION
P. 02
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPARTMENT
D Administrative Permit - 2nd
Dwelling Unit
O Administrative Variance
O Coastal Development Permit
Conditional Use Permit
O Condominium Permit
Environmental Impact
Assessment
D General Plan Amendment
Non-Residential Planned
Development
Planned Development Permit
0 Planned Industrial Permit
O Planning Commission
Determination
0 Precise Development Plan
0 Redevelopment Permit
0 Site Development Plan
17 Special Use Permit
0 Specific Plan
Tentative Piirool map
Obtain from EngineecTnQ Deparrnent
D Tentative Tract Map
D Variance
Zone Change
List other applications not
(FOR DEPARTMENT
M= rt,.n v
0 Hillside Development Permit
Local Coastal P'an Amendment
0 Master Plan
2) ASSESSOR PARCEL NO(S).: iDt cj9- 11<9
3) PROJECT NAME: -
4) BRIEF DESCRIPTION OF PROJECT: t CL
5) OWNER NAME (Pnnt or Type) C.QBc.- 5) APPUCANT NAME (Print or Type)
oç' LAM-I 1\1lI1 i'4 Cd,.
MAILING ADDRESS
b(z_ - ul
CITY AND STATE
'Sc3 0I.E.40
CERTIFY THAT .M THE
NFQRMA7IQN 5 TRUE..
45 MAILING ADDRESS
fr16 s::.
ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
cç\ 4~t.j c:)l), ON '19,111 11
OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL R EPRESENTATIVE OF THE
CCRRECT TO THE BEST OF MY OWNER AND THAT ,U THE ABO\sE NFORMATICN is TRUE AND
CORRECT TO HE BEST 0 MV KNOWLEDGE-
4,10 'Jl %
DATE SIGNATURE DATE
ON tç )PAC 14-- al fl, (v t033
GNA
71 BRIEF LEGAL DES
NOTE. A PROPOSED PJEC'I REQUIRING MULTIPLE APPLiCATIONS BE Ffl, MUST BE SUBMLFIbU PRIOR TO 330 P.M.
A PROPOSED PROJECT REGUTRING ONLY ONE APPLICATION BE BLED. MUST BE SUBMITTED PRIOR TO 400 P.M.
Ock coo5<4
orm6 PAGE 1 0F
1——UUU wtD U4: 2J U L I Ur )HtbHL) rHA NU. ibU OtJ 0300 r. u
8) LOCATION OF PROJECT: iS Lo f~vç. ki
STREET ADDRESS
ON THE I \'JE.S—r SIDE OF \sry
(NORTH. SOUTH. EAST. WEST) (NAME OF STREET)
BETWEEN Aip- (o j AND r ic Sic.
(NAME OF STREET) NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE I - I
10) PROPOSED NUMBER OF LOTS Jil) NUMBER OF EXISTING 12) PROPOSED NUMBER OF
RESIDENTIAL UNITS RESIDENTIAL UNITS
13) TYPE OF SUBDIVISION 14) PROPOSED (ND OFFICE! 15) PROPOSED COMM
SQUARE FOOTAGE SQUARE FOOTAGE
16) PERCENTAGE OF PROPOSED 117) PROPOSED INCREASE IN 18) PROPOSED SEWER
PROJECT IN OPEN SPACE ADT USAGE IN EDU
19) GROSS SITE ACREAGE , 20) EXISTING GENERAL 21) PRCPCSED GENERAL
PLAN PLAN DESGNAT)ON
221 EXISTING ZONING 23) PROPOSED ZONING
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IWE CONSENT
TO ENTRY FOR TWS PURPOS
SIGNATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
TOTAL FEE REQUIRED
RECEIVED
APR 28 2008
CITY OF CARLSBAD
DAT?M RECEiVED
RECEIVED BY: Q0 tAa 7
DATE FEE PAID ECaiP NC.
Form16 PAGE2OF
S .
City of Carlsbad
DISCLOSURE STATEMENT
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:
APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
cc Ubi( t t wc zxR C N*r
514 t C4PL-c jc:
2. OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
5L$+f10 ? 4 , \ \ \_
Uthfec
(511'Qi( i)UQc5rc(e(Q Cçr1.
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership,
list the names and addresses of all individuals owning more than lO'o of the shares
in the corporation or owning any partnership interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a
trust, list the names and addresses of any person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
2075 Las Pairnas Dr • Carisoac. CA 32009-1576. 619 438-1161 • FAX i 619 38-0894
0 -
5. Have you had no than $250 worth of business tra•cted with any member of
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(121 months?
Yes No if yes, please indicate person(s):_________________________
Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, 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.
NOTE: Attach additional if necessary.
Signature of own
km
Signature of applicant/date
Print or type name of owner 6: +4rk
C1%O'J
Print or type name of applicant
D'scosure Statement 10/96 Page 2 of 2
. .
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME:
APPLICANT NAME:
Please describe fully the proposed project. 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. Cr
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation.
~ Cu
PY2ocT I::~CIJ Pflcj
PAW. £191
.
NEXTEL COMMUNICATIONS
PROPOSED COMMUNICATIONS FACILITY
2765 LOKER AVENUE WEST
APN 209-081-18
LOKER; CA7-411A
The proposed communications facility is located at 2765 Loker Avenue West. Nextel of
California dba Nextel Communications and the owner of the property have entered into a lease agreement
for the placement of a communications facility at this location.
PROJECT DESCRIPTION
Nextel proposes to construct, operate and maintain an unmanned Digital Mobile Radio
communications facility at this location. Nextel's communication facility will consist of a 200 square foot
prefabricated equipment shelter located behind the main building on the west side. Sixteen (16) panel
antennas, measuring one foot wide and four feet in length. will be installed on the east, esr, north, and
south building facades. The panel antennas will be mounted on the face of the existing building walls and
painted to match the background color of the walls to camouflage their visibility. Two (2) global
positioning satellite (GPS) antennas and one (1) base mobile radio (BMIR) antenna will be mounted on the
building rooftop and will not be visible from street level. The facility will be unmanned and operate 24
hours a day. A technician will visit the facility approximately, twice per month after installation.
SITE SUITABLILITY
This specific site was chosen based on its location to provide needed coverage near the
intersection of Loker Avenue and Palomar Airport Rd. in the City of Carlsbad and the surrounding
industrial and commercial businesses. This particular location was chosen due to its location and high
elevation. This site is necessary to provide uninterrupted service to mobile customers traveling from one
area to another in the City of Carlsbad along Palomar Airport Rd., and within the adjacent industrial park
on Loker Avenue.
PROPOSED USE OF FACILITY
The project site location is an existing light manufacturing business with a zoning designation of
PM by the City of Carlsbad. Application for a minor use permit is made pursuant to the City's Zoning
Ordinance. The proposed use of this communications facility will fulfill Nextel's and the community's
need for digital mobile radio communication service in this area. This project will not adversely impact the
surrounding industrial community.
SYSTEM BACKGROUND INFORMATION
Nextel of California has been authorized by the Federal Communications Commission (FCC) to
construct and operate the first multi-purpose enhanced specialized mobile radio system (ESMR) in the
United States. The system will provide superior service to the public in several ways: 1) it will be a fully
digital alternative to current "cellular" telephone systems; 2) it will provide digital dispatch services to
large fleet users (this "dispatch" service will make the system able to handle a one-to-many form of
communications wherein one dispatcher can contact numerous mobile parties simultaneously); 3) it will
provide traditional paging services; 4) it will provide wireless data transmission. All of these functions
will be available in one hand-held unit.
. .
Page 2
Nextel Communications
Description of Proposed Project
CA741 IA Loker
HOW THE SYSTEM WORKS
The service area is divided into a grid of theoretically hexagonal geographic areas. At the center
of each area is a low power unmanned radio repeater station, which handles the calls to and from mobile
customers within the area. As a mobile customer moves from one area to another with a call in progress,
the call is automatically handed off' to the next repeater station, without interruption.
Telephone line connections between repeater sites and the switching office, and from the
switching office to the telephone company central office permit mobile customers within the serving area
to utilize their mobile phones just as they would a home or office telephone, with direct dialing.
HEALTH AND SAFETY
The proposed use of this project will not be detrimental to the health, safety and general welfare of
persons residing or working in the area and will not adversely affect other property in the vicinity. All
Nextel installations conform to FCC adopted ANSI and IEEE standards.
BENEFITS TO THE CITY OF CARLSBAD
Enhanced Specialized Mobile Radio (ESMR) provides better quality dispatch service through
both its interconnect abilities and digital efficiencies. As discovered in the aftermath of the Northridge
earthquake, the wireline telephones had inadequate capacity to serve the emergency crews. Nextel
provided radios and service to the Red Cross to assist their operation in sheltering and feeding the families
whose homes were damaged.
ESMR provides emergency contact to 911 has authorization to provide emergency services
during periods in which normal communications facilities are disrupted as a result of hurricane, flood,
earthquake or similar disaster; and is authorized to transmit communications necessary for the
implementation of civil defense activities as assigned by local civil defense authorities.
. 0
NOTICE. OF ACKNOWLEDGMENT OF PENDING AND
PROPOSED CHANGES FOR DRIVE-THRU RESTAURANTS
The City Council of the City of Carlsbad adopted Resolution No. 97-474 at its
meeting of June 3. 1997 directing the Planning Director to study the issue and
make recommendations on the prohibition of drive-thru restaurants in certain locations
or throughout the City and to bring those studies and recommendations forward and to
hold the necessary public hearings before the Planning Commission which will consider
these studies and recommendations. The City Council will then act on these matters
and decide whether or not such changes are necessary and appropriate in accordance
with the best interests of the citizens of Carlsbad. This process is expected to be
completed within the next 12 months. If you have any questions, please contact the
Planning Director at 438-1161.
1 have read and acknowledge this notice and as the applicant or applicants
representatives for a drive-thru restaurant.
DATED:_____
Signature
J L1A)2
Print Name
EXHIBIT "A"
,4 TT
COMMUNICATIONS, INC.
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.
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART!
(TO BE COMPLETED BY THE APPLICANT)
CASE NO:
DATE RECEIVED:________________
(To be ,omple1ed by swfl)
BACKGROUND
1. CASE NAME:
2. APPLICANT:
3. ADDRESS AND PHONE NUMBER OF APPLICANT:______________________
4. PROJECT DESCRIPTION: _\LS_1i LCt'C ?rnOS
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SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
Please check any of the environmental factors listed below that would be potentially affected by this
project. This would be any environmental factor that has at least one impact checked"Potentially
Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist
on the following pages.
Land Use and Planning D Transportation/Circulation Public Services
D Population and Housing []Biological Resources 0 Utilities & Service Systems
0 Geological Problems Energy & Mineral Resources 0 Aesthetics
0 Water Hazards Cultural Resources
O Air Quality 0 Noise Recreation
0 Mandatory Findings of Significance
1 Rev. 03/28196
MAR- 16-2000 THU 02:37 P11 CI1Y UF UALbthi) FAX NO. 760 602 8558 P. U4
. .
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City
conduct an Environmental Impact Assessment to determine if a project may have a significant
effect on the environment. The Environmental Impact Assessment appears in the following
pages in the form of a checklist. This checklist identifies any physical, biological and human
factors that might be impacted by the proposed project and provides the City with information to
use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative
Declaration, or to rely on a previously approved Elk or Negative Declaration.
A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by an information source cited in the parentheses following each
question. A "No Impact" answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved. A
"No Impact" answer should be explained when there is no source document to refer to, or
it is based on project-specific factors as well as general standards.
"Less Than Significant Impact" applies where there is supporting evidence that the
potential impact is not adversely significant, and the impact does not exceed adopted
general standards and policies.
"Potentially Significant Unless Mitigation Incorporated" applies where the incorporation
of mitigation measures has reduced an effect from "Potentially Significant Impact" to a
"Less Than Significant Impact." The developer must agree to the mitigation, and the
City must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an
effect is significant.
Based on an "EIA-Part II", if a proposed project could have a potentially significant
effect on the environment, but fl potentially significant effects (a) have been analyzed
adequately in an earlier Elk or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier ElK or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon
the proposed project, and none of the circumstances requiring a supplement to or
supplemental Elk are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
When "Potentially Significant Impact" is checked the project is not necessarily required
to prepare an Elk if the significant effect has been analyzed adequately in an earlier Elk
pursuant to applicable standards and the effect will be mitigated, or a "Statement of
Overriding Considerations" has been made pursuant to that earlier Elk.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that
the project or any of its aspects may cause a significant effect on the environment.
2 Rev. 03/28/96
!lhR-16-2000 THU 02:38 PN CITY OF CARLSBAD FAX NO. 760 602 8558 P. 05
. .
If there are one or more potentially significant effects, the City may avoid preparing an
EJR if there are mitigation measures to clearly reduce impacts to less than significant, and
those mitigation measures are agreed to by the developer prior to public review. In this
case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated"
may be checked and a Mitigated Negative Declaration may be prepared.
An EIR. must be prepared if "Potentially Significant Impact" is checked, and including
but not limited to the following circumstances: (I) the potentially significant effect has
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and
the developer does not agree to mitigation measures that reduce the impact to less than
significant; (2) a "Statement of Overriding Considerations" for the significant impact has
not been made pursuant to an earlier E]B4 (3) proposed mitigation measures do not reduce
the impact to less than significant, or; (4) through the ELk-Part U analysis it is not
possible to determine the level of significance for a potentially adverse effect, or
determine the effectiveness of a mitigation measure in reducing a potentially significant
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the
form under DISCUSSION OF ENVIkONMETNTAL EVALUATION. Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
3 Rev. 03/28/96
MAR-16-2000 THU 02:38 PM CITY OF CARLSBAD FAX NO. 160 602 8558 P. 06
. .
Issues (and Supporting Information Sources): Poteinmily Potentially Less Than No
(Supplemenialdocumenis may be referred to and attached) Significant Significant Significan Impact
Impact Unless t Impact
Mitigation
Incorporated
1. LAND USE AND PLANNING. Would the proposal:.
a) Conflict with genera] plan designation or zoning? 0 D 0 (Source #(s): ( )
b) Conflict with applicable environmental plans or 0 0 policies adopted by agencies with jurisdiction over the
Project? (
c) Be incompatible with existing land use in the vicinity? 0 0 0 J}
d) Affect agricultural resources or operations (e.g. impacts 0 0 0 to soils or fluTdands, or impacts from incompatible
land uses?
e) Disrupt or divide the physical arrangement of an 0 D 0 established community (including a low-income or
minority community)? ( )
XL POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local 0 0 0 population projections? ( )
b) Induce substantial growth in an area either directly or 0 0 D indirectly (e.g. through projects in an undeveloped area
or extension of major infrasiruciure)?
( )
c) Displace existing housing, especially affordable 0 0 0 housing? ( )
Ill. GEOLOGIC PROBLEMS. Would the proposal result in or
expose people to potential impacts involving:
a) Fault rupture? ( ) 0 0 0
b) Seismic ground shaking? ( ) 0 0
c) Seismic ground failure, including liquefaction? [J
d) Seiche, tsunami, or volcanic hazard? 0 0 [Ii
C) Landslides or mudflows? ( ) 0 0 0
I) Erosion, changes in topography or =table soil 0 0 91 conditions from excavation, grading, or fill?
( )
g) Subsidence of the land? ( ) E] [J [I] Il h) Expansive soils? 0 D 0 1I i) Unique geologic or physical features? D 0 0
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the 0 0 raze and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards 0 0 such as floodmg?(
C) Discharge into surface waters or other alteration of 0 LI surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? ( )
4 Rev. 03/29196
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MAR-16-2000 THU 02:38 PH CITY OF CARLSBAD FAX NO, 760 602 8558 P. 07
. .
Issues (and Supporting information Sources): Potentially Potentially Less Th4n No
(Supplemental documents may be referred to and attached) Significant Significant Significan Impact
Impact Unless t Impact
Miaganon
d) Changes in the amount of surface water in any water 0
Incorporated
body?( )
e) Changes in currents, or the course or direction of water [J El movements? ( )
f) Changes in the quantity of ground Waters, either 0 0 through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? ( )
g) Altered direction or rate of flow of groundwater? 0 0 0
ii) Impacts to groundwater quality? ( 0 0 0
i) Substantial reduction in the amount of groundwater 0 otherwise available for public water supplies?
( I
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation?
( I
b) Expose sensitive receptors to pollutants?
C )
c) Alter air movement, moisture, or temperature, or cause
any change in climate? ( )
d) Create objectionable odors? ( )
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) increased vehicle trips or traffic congestion?
( )
b) Hazards to safety from design festure (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? ( )
c) Inadequate emergency access or access to nearby uses?
( I
d) Insufficient parking capacity on-site or off-site?
( )
e) Hazards or barriers for pedestrians or bicyclists?
C )
f) Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
( I
g) Rail, waterbonie or air traffic impacts?
( )
VII. BIOLOGICAL RESOURCES. Would the proposal result
in impacts to:
a) Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds? (
b) Locally designated species (e.g. heritage trees)?
( I
El El
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5 Rev. 03/28/96
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0 0 D PkIll
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t1R-16--2000 THU 0239 PM CITY OF CARLSBAD FAX NO 760 802 8558 P. 08
. .
Potentially
Significant
Impact
Issues (and Supporting Information Sources):
(Supplemental documents may be referred to and attached)
c) Locally designated natural conmnoit;s (e.g. oak [J forest, coastal habitat, etc.)? ( )
d) Wetland habitat (e.g. marsh, riparian and vernal pool)? [J ( )
e) Wildlife dispersal or migration corridors? 0 ( )
Potentially Less Than N
Significant Significan Impact
Unless z impact
Mitigation
Incorporated
D D
0 Loci
D D
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans?
C )
b) Use non-renewable resources in a wasteful and
inefficient manner? (
c) Result in the loss of availability of a known mineral
resource that would be of future value to the region and
the residents of the State? ( )
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)? ( )
b) Possible interference with an emergency iesponae plan
or emergency evacuation plan? ( )
c) The creation of any health hazard or potential health
hazards?(
d) Exposure of people to existing sources of potential
health hazards?( )
e) Increase fire hazard in areas with flammable brush,
grass, or trees? ( )
o D
o D
0 0 D
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? ( ) [] 0 0 b) Exposure of people to severe noise levels? [J 0 0
Xi. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered government
services in any of the following areas:
a) Fire protection? ( )
b) Police protection? ( )
C) Scbools?(
d) Maintenance of public facilities, including roads?
C )
e) Other governmental services? (
XII, UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or natural gas' ( )
b) Communications systems? ( )
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6 Rev. 03/28196
FAX NO. 760 602 8558 P. 09
. NR-16-2000 THU 02:39 P!1 CITY OF CARLSBAD
Issues (and Supporting information Sources):
(Supplemental dxurnenls may be referred :0 and attached)
c) Local or regional water treatment or distribution
facilities? ( )
d) Sewer or septic tanks? ( )
e) Storm water drainage? ( )
f) Solid waste disposal? ( )
g) Local or regional water supplies? ( )
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? ( )
b) Have a demonstrate negative aesthetic effect? ( )
c) Create light or glare? ( )
)UV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? ( )
b) Disturb archaeological resources? ( )
c) Affect historical resources? ( )
d) Have the potential to cause a physical change which
would affect unique ethnic cultural values? ( )
c) Restrict existing religious or sacred uses within the
potential impact area? ( )
XV. RECREATIONAL. Would the proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities? ( )
b) Affect existing recreational opportunities? ( )
Potentially Potentially Less Than No
Significant Significant Significan Impact
Impact Unless
Mitgation
t Impact
El
Incorporated
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XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaarnng levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate unportam
examples of the major periods of California history or
pre'
I B
7 Rev. 03128/96
t1R-16-2000 THU 02:39 PM CITY OF CRLSBhD FAX NO. 760 602 8558 P. 10
. S
Issues (and Supporting Information Sources): Potentially Potentially Less Than No
(Supplemental documents may be referred 10 and auached) Significant Significant Sigrnlicai, Impact
Impact Unless z Impact
Mitigation
Incorporated
b) Does the project have impacts that are individually [J [J 0 limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects, and he effects of
probable future projects)?
c) Does the project have enviroimentaj effects which will 0 D cause the substantial adverse effects on human beings,
either directly or indirectly?
XVIL EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)(D). In this case a discussion should identify the
following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available
for review.
b) Impacts adequately addressed. Identify which effects from the above checklist
were within the scope of and adequately analyzed in an earlier document pursuant
to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation
Incorporated," describe the mitigation measures which were incorporated or
refined from the earlier document and the extent to which they address site-
specific conditions for the project.
8 Rev. 03/28/96
MAR-16-2000 THU 02:39 PM CITY OF ChRLSD FAX NO. 160 602 85b8 . 11
40 •
DISCUSSION OF ENVIRONMENTAL EVALUATION
Please use this area to discuss any of the environmental factors that were checked "No impact"
yet lack any information citations and any factors that were checked "Potentially Significant
Impact" or 'Potentially Significant Impact Unless Mitigation Incorporated." The City has
adopted a "Statement of Overriding Consideration" with regard to air quality and circulation
impacts resulting from the normal buildout according to the General Plan. The following sample
text is intended to guide your discussion of the impacts to these environmental factors.
AIR QUALITY:
The implementation of subsequent projects that are consistent with and included in the updated
1994 General Plan will result in increased gas and electric power consumption and vehicle miles
traveled. These subsequently result in increases in the emission of carbon monoxide, reactive
organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the
major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the
San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered
cumulatively significant: therefore, continued development to buildout as proposed in the
updated General Plan will have cumulative significant impacts on the air quality of the region.
To lessen or minimize the impact on air q4a1ity associated with General Plan buildout, a variety
of mitigation measures are recommended in the Final Master BIB.. These include: 1) provisions
for roadway and intersection improvements prior to or concurrent with development; 2) measures
to reduce vehicle trips through the implementation of Congestion and Transportation Demand
Management; 3) provisions to encourage alternative modes of transportation including mass
transit services; 4) conditions to promote energy efficient building and site design; and 5)
participation in regional growth management strategies when adopted. The applicable and
appropriate General Plan air quality mitigation measures have either been incorporated into the
design of the project or are included as conditions of project approval.
Operation-related emissions are considered cumulatively significant because the project is
located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked
"Potentially Significant Impact". This project is consistent with the General Plan, therefore, the
preparation of an EIR is not required because the certification of Final Master Elk 93-01, by City
Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air
quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent
projects covered by the General Plan's Final Master EIR, including this project, therefore, no
further environmental review of air quality impacts is required. This document is available at the
Planning Department.
CIRCULATION:
The implementation of subsequent projects that are consistent with and included in the updated
1994 Genera] Plan will result in increased traffic volumes. Roadway segments will be adequate
to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely
impacted by regional through-traffic over which the City has no jurisdictional control. These
generally include all freeway interchange areas and major intersections along Carlsbad
Boulevard. Even with the implementation of roadway improvements, a number of intersections
are projected to fail the City's adopted Growth Management performance standards at buildout.
9 Rev. 03/28/96
I1DUUU mu J4U r'fl Li,1 Ur tHLbtW rA MJ. ibU U2 K 12
. .
To lessen or minimize the impact on circulation associated with General Plan buildout, numerous
mitigation measures have been recommended in the Final Master EIR. These include 1)
measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to
develop alternative modes of transportalion such as trails, bicycle routes, additional sidewalks,
pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation
strategies when adopted. The diversion of regional through-traffic from a failing Interstate or
State Highway onto City streets creates impacts that are not within the jurisdiction of the City to
control. The applicable and appropriate General Plan circulation mitigation measures have either
been incorporated into the design of the project or are included as conditions of project approval.
Regional related circulation impacts are considered cumulatively significant because of the
failure of intersections at buildout of the Genera] Plan due to regional through-traffic, therefore,
the "Initial Study" checklist is marked "Potentially Significant Impact". This project is
consistent with the General Plan, therefore, the preparation of an EIR is not required because the
recent certification of Final Master EIR. 93-01, by City Council Resolution No. 94-246, included
a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of
Overriding Considerations" applies to all subsequent projects covered by the General Plan's
Master EIR, including this project, therefore, no further environmental review of circulation
impacts is required.
LIST OF MITiGATiNG MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
10 Rev. 03128/96
. .
PART I ELk
N1EXEL -. LoKQ CUD
L LAND USE PLANNING
a) No impact. The proposed project is in conformance with the general plan and
zoning designation for the property.
b) No impact. The proposed project will conform with applicable environmental
plans and policies adopted by agencies with jurisdiction over the project.
c) No impact. The project is compatible with the existing land use in the vicinity.
d) No impact. The project will not affect agricultural resources or operations since
the site has not been used for agricultural purposes.
e) No impact. The proposed project will not disrupt or divide the physical
arrangement of any established communities. The proposed project consists of the
installation of 3 antenna arrays with four antennas mounted .
on an existing building.
ij POPULATION AND HOUSING
a) No impact. Since the proposed project consists of an addition to an existing
building, it will not alter the planned distribution or housing in the area.
b) No impact. The proposed project will not induce substantial growth in the area.
c) No impact. The site for the proposed project will not displace existing housing
since the site already contains existing buildings.
M. GEOLOGIC PROBLEMS
a) No impact. The site is not lactated near active faults and no geologic conditions
exist that could constrain development of the property or increase the exposure of
people or property to geologic hazards. (1)
b) No impact. Due to the distance from known active faults from the site, the
proposed project will not expose people to significant seismic ground shaking.(l)
C) No impact. This project will not expose people to seismic ground failure
including liquefaction, due to the distance of the known active faults from the site.
(11)
d) No impact. The site is not located in an area of volcanic activity and does not
have a history of seiche or tsunami hazards. Therefore. the proposed project will
. .
not expose people to impacts involving seiche, tsunami or volcanic hazards.
e) No impact. The project site is not located within an area of landslides or
mudflows. (1)
f) No impact. The site was already mass graded when the existing buildings were
constructed.
g) No impact. The project site is not located in an area known for subsidence and is
not expected to result in or expose people to potential to impacts involving
subsidence of the land. (1)
h) No impact. The proposed project will not result in or expose people to potential
impacts involving expansive soils. The property is not located in an area known
to have expansive soils. (1)
i) No impact. No unique geologic or physical features are known to exist at the
project site. (1)
Ii. WATER
a) No impact. The project will have no impact on absorption rates, drainage
patterns, or amount of surface runoff. The antennas are proposed on top of an
existing structure.
b) No impact. The site is not in an area that is prone to flooding or other water
hazards. (1)
c) No impact. The project will not alter the quality of any surface water body.
d) No impact The project will not significantly affect the amount of surface water
in any water body since no storm water will discharge directly into any water
body. (1)
e) No impact. The proposed project will not significantly affect currents or the
course or direction of water movements. (1)
f) No impact. The project will not affect the quantity or the quality of ground
waters either through direct additions or withdraws or through interception of an
aquifer by cuts or excavations or through substantial loss of recharge capability.
(1)
g) No impact. Since the proposed project does not use groundwater, the project will
not alter direction of the rate of flow of groundwater. (1)
h) No impact. The project will not significantly impact groundwater quality, since
2
.
there will be no direct infiltration into any known groundwater supply. (1)
i) No impact. The proposed project will not cause a substantial reduction in the
amount of groundwater otherwise available for public water supplies since the
project will not use groundwater nor impact a significant area otherwise available
for groundwater percolation. (1)
V. AIR QUALITY
a) No impact. The project will have no affect upon air quality.
b) No impact. The project will not expose sensitive receptors to pollutants.
C) No impact. The proposed project will not alter air movement, moisture, -
temperature or cause a change in climate.
d) No impact. The proposed project will not create objectionable odors.
TRANSPORTATION/CIRCULATION
a) No impact. The project will not increase ADT.
b) No impact. The project will not result in hazards to safety from design features.
(1)
C) No impact. The proposed project will no affect access.
d) No impact. The proposed project will not affect parking.
e) No impact. The project will not produce any hazards or barriers for pedestrians
or bicyclists.
I) No impact. The proposed project will conform with adopted policies supporting
alternative transportation.
g) No impact. No impacts to or from the railroad will result. No waterborne traffic
occurs in the vicinity.
BIOLOGICAL RESOURCES
a) No impact. The site does not have any endangered, threatened or rare species or
their habitats. It is a developed site.
b) No impact. The site does not contain locally designated species.
C) No impact. The site does not contain locally designated communities.
3
. .
d) No impact. The proposed project is not located on wetland habitat, so it will not
impact wetland habitat.
e) No impact. There will be no impacts to wildlife dispersal or migration corridors.
VIII. ENERGY AND MINERAL RESOURCES
a) No impact. The proposed project will conform with adopted energy conservation
plans.
b) No impact. The proposed project will not use non-renewable resources in a
wasteful inefficient manner.
C) No impact. The proposed project will not result in the loss of availability of a
known mineral resource that would be of future value to the region and the loss of
availability of a known mineral resource that would be of future value to the
region and the residents of the State.
a) No impact. The proposed project will not involve the storage, application, use or
disposal of hazardous materials or substances and therefore will not involve a risk
of accidental explosion or release of hazardous substances.
b) No impact. The proposed project will be designed so as not to interfere with any
emergency response or evacuation plans. The projects circulation system will be
reviewed by all pertinent City department to ensure that there will be no impacts
to any emergency response procedures or evacuation plans.
C) No impact. The project will not create any health hazards or any potential health
hazards.
d) No impact. There are no existing health hazards on the site.
e) No impact. The project will be constructed in compliance with all applicable
City policies and codes regarding fire suppression and low fuel planting
L NOISE
a) No impact. Development of the site will not substantially increase noise levels
beyond the short term construction noise impacts.
b) No impact. The project will not involve exposure of people to severe noise levels
beyond the short term construction noise impacts.
4
.
M. PUBLIC SERVICES
a) No impact The project is located within the five minute response time for fire
protection.
b) No impact. Police protection is provided by the City of
Carlsbad and demand for additional police services beyond the demand created by
a typical commercial development of this site is not anticipated.
c) No impact. The proposed project will not effect upon or result in a need for new
schools.
d) No impact. The proposed project will pay appropriate public
facilities fees as dictated by the City.
e) No impact. The proposed project will pay appropriate public
facilities fees as dictated by the City.
j! UTILITIES AND SERVICES SYSTEMS
a) No impact. The majority of utilities have already been established for the
existing structures.
b) No impact. The proposed project is not anticipated to create
significant new demand for major facilities of communication or cable nor will it
require substantial alteration to existing facilities.
c) No impact. The proposed project is in conformance with the EIR 93-01 for the
site and no potentially significant impacts are anticipated.
d) No impact. The proposed project is in conformance with the EIR 93-01 for the
site and no significant impacts to the City's sewer or septic tanks are anticipated.
e) No impact. The proposed project is in conformance with the FIR 93-01 for the
site and no significant impacts to the City's storm drainage system is anticipated.
f) No impact. The proposed project is in conformance with the FIR 93-01 for the
site and no significant impacts to the City's solid waste disposal system is
anticipated.
g) No impact. The proposed project is in conformance with the FIR 93-01 for the
site and no significant impacts to the City's local or regional water supplies are
anticipated.
Xffl. AESTHETICS
. .
a) No impact. The proposed project will not affect a scenic highway or vista. All
antennas will be adequately screened from public view.
b) No impact. The proposed project will not have a negative aesthetic
effect. All antennas will be adequately screened from public view
c) No impact. The project will be designed in such a manner as to not create
significant off-site light or glare. Lighting within the project will be directed
towards the ground in order to meet required City specifications.
XLV. CULTURAL RESOURCES
a) No impact.. The project has already been mass graded in the construction of the
existing buildings.
b) No impact.. The project has already been mass graded in the construction of the
existing buildings.
C) No impact. No historical resources are known to exist within the project area.
d) No impact. Unique ethnic cultural values are not known to be associated with
this site.
e) No impact. No religious or sacred uses are known to exist within the project
area.
RECREATION
a) No impact. The proposed project is non-residential, so no impact to park
facilities are anticipated.
b) No impact. The project will not affect recreational activities.
XVI. MANDATORY FINDINGS OF SIGNIFICANCE
a) No impact.. The proposed project will not degrade the quality of the
environment, substantially reduce the habitat of fish or wildlife species, cause fish
or wildlife population to drop below self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of the major periods
of California history or prehistory.
b) No impact. The project will contribute to cumulative air quality impacts,
however, a statement of overriding consideration was adopted for this cumulative
impact.
C
.
c) No impact. The proposed site will not cause substantial adverse effects on human
beings.
XVII. Earlier Analysis
a) Source documents are on file in the Planning Department located at 2075 Las Palmas
Drive, Carlsbad, Phone (760)438-1161.
1. "Final Master EIR for the City of Carlsbad General Plan Update", March 1994.
7
. .
CHICAGO TITLE COMPANY
PRELIMINARY REPORT
Dated as of: April 4, 2000 at 7:30 AM
Reference: 7411 -A Order No.: 203071142 - U52
Regarding: 2765 LOKER AVENUE WEST
CARLSBAD, CA
CHICAGO TITLE 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 in Schedule B 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 of said Policy or Policies are set forth in the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list 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. 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.
The form of policy of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Visit Us On The Web: westemdivisIon. ctt.com
Title Department:
nz CHICAGO TITLE COMPANY
925 "B" STREET
SAN DIEGO, CA. 92101
(619)544-6238 fax: (619)544-6279
KEN CYR
TITLE OFFICER
-,8iO599bi
• SCHEDULE A
Order No: 203071142 U52 Your Ref: 7411-A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof isvested in:
COBC PARCEL 18, LLC, A CALIFORNIA LIMITED LIABILITY CCMPAY
3. The land referred to in this report is situated in the State of California, County of SAN DIEGO
and is described as follows:
SEE ATTACHED DESCRIPTION
RcA 'rt1,
. .
Page 1 DESCRIPTION
OrderNo. 203071142
PARCEL 1:
LOT 18 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS OVER A PORTION OF LOT 17
OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982 DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 17 THENCE ALONG THE
NORTHWESTERLY LINE THEREOF SOUTH 60 0 17'17" WEST 85.00 FEET; THENCE SOUTH
2942'43" EAST 17.50 FEET TO A LINE PARALLEL WITH AND 17.50 FEET SOUTHEASTERLY OF
SAID NORTHWESTERLY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 60°17' 17 EAST
85.00 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 17, SAID LINE BEING ALSO THE
SOUTHWESTERLY LINE OF LOKER AVENUE; THENCE ALONG THE NORTHEASTERLY LINE OF SAID
LOT 17 NORTH 29 0 42'43" WEST 17.50 FEET TO THE POINT OF BEGINNING.
PARCEL 3:
A NON-EXCLUSIVE EASErT FOR ACCESS, INGRESS AND EGRESS OVER A BORT:CN OF LOT 19
OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 19; THENCE ALONG H
SOtJTHESTERLY LINE THEREOF NORTH 39 0 51'40" WEST 83-59 FEET; THENCE 17ORTH
60°17'17" EAST 72.30 FEET TO THE PROPERTY LINE OF SAID LOT 19, SAID LINE BEING
ALSO THE SOUTHWESTERLY LINE OF LOKER AVENUE; THENCE ALONG THE NORTHEASTERLY LINE
OF SAID LOT 19, SOUTH 29 0 42'43" EAST 41.51 FEET; TO THE TRUE POINT OF BEGINNING.
• SCHEDULE B
Page 1
OrderNo: 203071142 U52 YourRef 7411-A
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 2000-2001 THAT ARE A LIEN NOT YET DUE.
B 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1999-2000
1ST INSTALLMENT:
2ND INSTALLMENT:
PENALTY AND COST:
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
$34,153.38 (PAID)
$34,153.38
$3,425.33 (DUE AFTER APRIL 10)
$NONE
09013
209-081-18
3. SUPPLEMENTAL OR ESCAPED TAXES FOR THE FISCAL YEAR 1999-2000, ASSESSED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COr4ENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
1ST INSTALLMENT:
2ND INSTALLMENT:
PENALTY:
DELINQUENT:
CODE AREA:
ASSESSMENT NO:
$2,098.80 (PAID)
$2,098.80
$219.88
05/31/2000
09013
399-069-10-29
D 4. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES ) IF
ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.9 OR PART 2,
CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (CCIIINCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF
THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT
OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF
POLICY.
5. SAID LAND LIES WITHIN THE BOUNDARIES OF SPECIAL TAX ASSESSMENT DISTRICT
CREATED BY A 'COIUNITY FACILITIES DISTRICT" MAP RECORDED UNDER THE
PROVISIONS OF THE MELLO-RCOS ACT (STREETS AND :-IIGHWAY CODE SECTION 3100,
ET SEQ.) THE CALIFORNIA STATE LEGISLATURE, AND IS SUBJECT TO ALL
ASSESSMENT LEVIED THEREBY.
NAME OF DISTRICT: COMMUNITY FACILITIES DISTRICT NO. 1
SAID ASSESSMENT IS INCORPORATED NTO THE REGULAR PROPERTY TAX BILL AND IS
A PART OF THE GENERAL TAX COLLECTIONS PROCESS.
'RE -10,31197bi
• SCHEDULE B Page 2 (continued)
Order No: 203071142 tJ52 Your Ref- 7411-A
"NOTICE OF SPECIAL TAX AUTHORIZATION PURSUANT TO THE REQUIREMENTS OF
SECTION 3114.5 OF THE STREETS AND HIGHWAY CODE. THE SPECIAL TAX I
AUTHORIZED TO BE IMPOSED WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 WHICH
HAS BEEN OFFICIALLY FORMED. NOTICE BY THE CITY OF CARLSBAD RECORDED MAY
30, 1991 AS FILE NO. 1991-0236959 OF OFFICIAL RECORDS
THE ABOVE SPECIAL TAXES ARE BEING COLLECTED WITH THE COUNTY/CITY PROPERTY
TAXES.
H 6. THE MATTERS SET FORTH IN THE DOCUMENT SHOWN BELOW WHICH, AMONG OTHER.
THINGS, CONTAINS OR PROVIDES FOR: CERTAIN EASEMENTS; LIENS AND THE
SUBORDINATION THEREOF; PROVISIONS RELATING TO PARTITION; RESTRICTIONS ON
SEVERABILITY OF COMPONENT PARTS; AND COVENANTS, CONDITIONS AND
RESTRICTIONS, (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN,
IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT
UNDER CHAPTER 42, SECTION 3607 OF THE TJNITED STATES CODE OR (B) RELATES TO
HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS).
RECORDED: CCTOEER 11, 1385 AS FILE NO. 33-378663 CF OFFICIAL
RECORDS
i SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF
WHICH IS STATED TO BE SUBORDINATE TO THE LIEN OF CERTAIN MORTGAGES OR DEEDS
OF TRUST MADE IN GOOD FAITH AND FOR VALUE.
NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF
THIS DOCUMENT CONTAINS ANY RESTRICTION EASED ON RACE, COLOR, RELIGION, SEX,
FAMILIAL STATUS, MARITAL STATUS DISABILITY, NATIONAL ORIGIN, OR ANCESTRY,
THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR. HOUSING LAWS AND IS VOID.
"ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE
COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C)
OF SECTION 12956.1 OF THE GOVERNMENT CODE."
7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: PREMIER BUSINESS PROPERTIES LTD. NO. 3, A CALIFORNIA
LIMITED PARTNERSHIP
PURPOSE: FOR ACCESS, INGRESS AND EGRESS
RECORDED: NOVEMBER 2, 1989 AS FILE N.C. 39-399311 OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
K B. ANY RIGHTS, INTERESTS, OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE
9
UM3G-/23, 93bii
SCHEDULE B
Page 3 (continued)
Order NO: 203071142 tJ52 Your Ref. 7411-A
FOLLOWING FACTS SHOWN ON A SURVEY:
A) ANY AVIGATION RIGHTS OR RESTRICTIONS WHICH MAY EXIST BY REASON OF A
FLIGHT PATH AS SHOWN ON AS-BUILT GRADING PLAN C.T. 74-21, SHEET 3 OF 8,
DRAWING NO. 218-5A.
L 9. A DOCUMENT ENTITLED "EASEMENT AGREEMENT", DATED JULY 8, 1997 EXECUTED BY
HDNSAKER DEVELOPMENT COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
AND DANIEL T. SHELLEY, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY,
SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED,
RECORDED JULY 28, 1997 AS FILE NO. 1997-0358332 OF OFFICIAL RECORDS.
10-. A DOCUNENT ENTITLED 'AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY. OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 11, DATED JUNE 5, 1997
EXECUTED BY HUNSAKEP. DEVELOPMENT COMPANY, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS
THEREIN CONTAINED, RECORDED AUGUST 20, 1997 AS FILE NO. 1997-0401905
OFFICIAL RECORDS.
N 11. A NOTICE OF RESTRICTION ON REAL PROPERTY BY CITY OF CARLSBD, RECORDED
NOVEMEER 6, 1997 AS FILE NO. 1997-0560882 OF OFFICIAL RECORDS.
o 12. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO. PIP 97-05 BY
CITY OF CARLSBAD ET AL, RECORDED NOVEMEER 5, 1997 AS FILE NO. 1997-0560883
OF OFFICIAL RECORDS.
13. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AiiOTJfl'T SHOWN
BELOW
AMOUNT: 6,213,000.00
DATED: MAY 21, 1998
TRUSTOR: COBC PARCEL 18 LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY
TRUSTEE: TRUSTORS SECURITY SERVICE
BENEFICIARY: SOUTHERN CALIFORNIA BANK
RECORDED: MAY 22, 1998 AS FILE NO. 1998-0304663 OF OFFICIAL
RECORDS
HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY, RECORDED MAY 22, 1998 AS
FILE NO. 1998-0304664 OF OFFICIAL RECORDS.
Q 14. AN ASSIGNMENT
RECORDED: MAY 22, 1998 AS FILE NO. 1998-0304663 OF OFFICIAL
RECORDS
OF CERTAIN OF THE LESSOR'S INTERESTS UNDER LEASES REFERRED TO THEREIN,
WHICH ASSIGNMENT RECITES, AMONG OTHER THINGS, THAT IT IS 3IVEN AS
REUMBC-9/23/93b4,
• SCHEDULE B
Page 4 (continued)
OrderNo: 203071142 1352 Your Ref- 7411-A
ADDITIONAL SECURITY FOR THE OBLIGATION SECURED BY THE DEED OF TRUST
RECORDED: MAY 22, 1998 AS FILE NO. 1998-0304665 OF OFFICIAL
RECORDS
R 15. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER, SHOWING
DEBTOR: COEC PARCEL 18 LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY
SECURED PARTY: SOUTHERN CALIFORNIA BANK
RECORDED: MAY 22, 1.998 AS FILE NO. 1993-0304666 OF OFFICIAL
RECORDS
PROPERTY
COVERED: AS SET FORTH THEREIN
s 16. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE: INGRESS, EGRESS AND ACCESS TO METERS
RECORDED: DECEMBER 11, 1998 AS FILE NO. 1998-0306082 OF OFFICIAL
RECORDS
THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD.
2' END OF SCHEDULE B
U NOTE NO. 1: YOUR OPEN ORDER REQUEST INDICATES THAT A LIMITED LIABILITY
COMPANY WILL BE ACQUIRING, ENCUMBERING OR CONVEYING REAL PROPERTY IN YOUR
TRANSACTION. UNDER THE PROVISIONS OF THE CALIFORNIA LIMITED LIABILITY
ACT, EFFECTIVE SEPTEMBER 30, 1994" THE FOLLOWING WILL BE REQUIRED:
1 A COPY OF THE ARTICLES OF ORGANIZATION (AND ALL AMENDMENTS, IF ANY)
THAT HAS BEEN FILED WITH THE SECRETARY OF STATE.
2. THE REQUIREMENT THAT THIS CCMPANY BE PROVIDED WITH A COPY OF THE
OPERATING AGREEMENT. THE COPY PROVIDED MUST BE CERTIFIED BY THE
APPROPRIATE MANAGER OR MEMBER THAT IT IS A COPY OF THE CURRENT OPERATING
AGREEMENT.
3. IF THE LIMITED LIABILITY COMPANY IS MEMBER-MANAGED THEN THIS COMPANY
MUST BE PROVIDED WITH A CURRENT LIST OF THE MEMBER NAMES.
COBC PARCEL 18, LLC
7 NOTE NO. 2: THIS COMPANY WILL REQUIRE THE FOLLOWING IN ORDER TO INSURE
TITLE IN, OR A CONVEYANCE FROM, THE ENTITY NAMED BELOW.
'REUMBC-9/23/93b
• SCHEDULE B
Page 5 (continued)
Order NO: 203071142 U52 Your Ref. 7411-A
NAME: THE KELLY CAPITAL GROUP, INC.
A COPY OF THE RESOLUTION OF THE CORPORATION APPROVING THE PRESENT
TRANSACTION AND IDENTIFYING THE SUBJECT LAND.
w NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH
THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR
CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD
PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE
BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD
FROM THESE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED.
NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS
FOLLOWS:
BANK OF AMERICA
1850 GATEWAY BOULEVARD
CONCORD, CALIFORNIA
ABA 121-000358
CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT
NO. 12359-50752
FURTHER CREDIT TO ORDER NO: 203071142
ATTN: KEN CYR
TITLE OFFICER
X JO
REIJMBC-9/23 /93b
. .
OrderNo: 203071142 - U52 YourRef: 7411-A
As part of the settlement of a class action lawsuit, we are required to place this notification in all
preliminary reports:
IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL
PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997,
PLEASE READ THE FOLLOWING:
Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for
Los Angeles County. a settlement agreement has been entered into that provides persons who
bought. sold or refinanced residential real property in the State of California between July 1. 1989
and February 28. 1997. with certain rights. If you are such a person and you are now engaged in an
escrow transaction with Chicago Title Company. Gateway Title Company. Benefit Laud Title
Company or Fidelity National Title Insurance Company. you have the following rights:
If one of these companies previously handled a residential escrow transaction for you that
involved residential real property in which a mortgage, promissory note, or similar debt instrument,
repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or
discharged and a reconveyance of that deed of trust was executed and was delivered to one of those
title companies for recording but was inadvertently not recorded, you have the right to request that a
release of obligation or reconveyance be recorded in accordance with the terms of the Sett1"ment
Agreement.
To obtain this right you must:
(1) Establish to the satisfaction of the title company that you actually closed an escrow
between July 1. 1989 and Februar 28. 1997, which was handled by one of the above-listed title
insurance companies. in which a mortgage, promissory note, or similar debt instrument secured by a
duly recorded deed of trust was fully paid. satisfied or discharged and a reconveyance of that deed of
trust was executed and was delivered for recordation to the title company that handled the prior
transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary
report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of
trust: and
(2) Request in writing the recording of a reconveyance or release of obligation in the event
that one inadvertently had not been previously recorded in the escrow transaction previously
handled by one of the above-named title companies.
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