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Home My WebLink AboutCUP 01-08; ASTOR COMMUNICATIONS DISH; Conditional Use Permit (CUP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS AePLIED FOR: {CHECK BOXES) {FOR DEPARTMENT (FOR DEPARTMENT USEONLYI USE ONLY) D Administrative Permit -2nd D Planned Industrial Permit Dwelling Unit D Administrative Variance D Planning Commission Determination D Coastal Development Permit D Precise Development Plan ~ Conditional Use Permit Cc{ol-cE D Redevelopment Permit D Condominium Permit D Site Development Plan D Environmental Impact D Special Use Permit Assessment D General Plan Amendment D Specific Plan D Hillside Development Permit D ttf'ltatt .. •e Pefeel Mep Obtain from Engineering Department D Local Coastal Plan Amendment D Tentative Tract Map D Master Plan D Variance D Non-Residential Planned D Zone Change Development D Planned Development Permit D List other applications not snecified ASSESSOR PARCEL NO(S).: 212-120-12 2) 3) 4} ---------------------------------------------------------------------------------- PROJECT NAME: As..for_C_o_m_m_u_n_ic_a_t_io_n_s_D_i_s_h _______________ ___ BRIEF DESCRIPTION OF PROJECT: Placement of Second Communications Dish on Site MAILING ADDRESS 1825 Aston Ave. CITY AND STATE Carlsbad CA 92008 ZIP OWNER AND THAT ALL THE ABOVE ORRECT TO THE BEST OF MY ~1fiL TE r 6) APPLICANT NAME (Print or Type) Astor Broadcast Group MAILING ADDRESS 1835 Aston Ave CITY AND ST ATE ZIP Carlsbad CA 92008 Lot 64 of Carlsbad Tract 85-24 Map 11811 TELEPHONE 760-729-1000 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED. MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE RLED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. t... Form 16 {)!J {) j 0 ~fl#. 1 OF 2 ------------------------------------------- 8) LOCATION OF PROJECT: STREET ADDREss 1835 Aston Ave. ON THE South (NORTH, SOUTH, EAST, WEST) s10E oF Aston Ave (NAME OF STREET) College Blvd Pasteur Ct. BETWEEN AND (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 5 10) PROPOSED NUMBER OF LOTS [:!:] 11) NUMBER OF EXISTING 012) PROPOSED NUMBER OF IT] RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION I n/a / 141 PROPOSED IND OFFICE/ 015) PROPOSED COMM IT] SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENT AGE OF PROPOSED In/a 1111 PROPOSED INCREASE IN~ 18) PROPOSED SEWER IT] PROJECT JN OPEN SPACE ADT USAGE IN EDU 19} GROSS SITE ACREAGE §]20} EXISTING GENERAL ~21) PROPOSED GENERAL In/a I PLAN PLAN DESIGNATION 22) EXISTING ZONING jcM 123> PROPOSED ZONING §] 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, NING MMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO I PECT A ENT R THE PROPERTY SUBJECT OF THIS APPLICATION. I/WE CONSENT T NTRY THIS FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED J~::: 1 9 2001 ijCEIVED TOT AL FEE REQUIRED DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 --~~-~---------------------------- CUP 01-08 Astor Communications DISCLOSURE STATEMENT Applicant's statement or disclosure of certain owner.ship intClests on all applications which will require d1scretiooacy action on the part of 1he City Council or any &J>P<>inted Board, Commission or Committ~e. The following information MUSI be disclosed at the ti me of application submittal. Y onr project cannot be .reviewed until this information is completed. Please print . . ' ' Note:'. .,. •. hnoa ia def'mcd u .. A:try individual. firm, Co-~p. joint VellbU'et UROCiation, social dub. fmtcrn:d 0r~i,..ation. c:orpOratioJi, ca.1:ate. trwlt. ~iver, syndicate. in thi; and any other coimty, city and county, city municip:iliLy. district or other polilical 111bdivision OT any odu:a' group or combination :acti11g ns a unit." Apnfs qm.y sign this document; however. the Ic:al name and entity af the :iprlic:&nt and propeity owni.."'f' must be provided below. 1. APPUCANT (Not the applicant's agent) Provide the COM.PJ..E'I'E. LEG~ names and addresses of ~ pcnons having a financial inte~ in the application. lf the applicant includes a cmporation or PVfnership. inclucle the names, title, addresses of alt individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORB 1lfAN 10% OF nm SH.ARm~ PLEAsn lNDICATn NON· APPLICABLE (NIA) IN THB SPACE BELOW If a publicly-owneti COIJ)Ql'!tiona include the name~ titles, and addresses of the corpttatc officers. (A Bep&rate page imy be attached if necessary.} PeriOn.,__~~~~--~~~~- Titl c '~--------~-----~ Addiess~---~-~~~-~ 2. OWNER (Not the owner•s agent) Coip/Parl,__ __________ _ Tille.___~-----~--~ ~s.~-~-~~---~-~- Pro'ride tho COMPU"TE. LEQAL names and addresses of ALI .. persons having any ownership interest in the property involved. Also. provide the nature of tbo legal ownership (i.e. partnership. tenants ii1 co~ non-profit, COipOl'ltiOD, etc.). If the ownership includes a c.cgoration or partnmhip, include the n1mest titl~ addresses of all individuals owning more lhan I<>«> of the shares. IF NO INDIVIDUALS OWN MORE TIIAN 10% OF TIIE SHARF..S, PLEASB JNDICATE NON-AWUCA.BIB (NIA) IN THE SPACE BELOW. If a Jlllb!icly- owned corgoration. include the Mmes. lilies. au.d addresses of the corporate officers. (A scpmillC page may be attached if necessary.) Person d-o d~>-i c . L .e: -.¢:). A . Corp/Part, _____________ _ Title /[SS £'c-./J.,,,c oiG-~ Tille._. ___________ _ Address /.J > r /hf .f..n...r ,,__,, <.. ~/ J-!/ "4-47 . C?f . CUP 01-08 Astor Communications 3. NON·PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a 1ru~. 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 lhc. N~l~fil/I'rust Non Profit/Tm~ ----~-~-~-~-Title __________ _ Title ____________ _ Ad~ss ____ ~-~---~~ Address,_ __________ _ 4. Have you had more than $250 worth of business tnnsacled with any member of City staff, Board&, Commissions, Committees and/or Council wilhin the past twelve (12) months? 0 Ye,_ :;EJ No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if ~aty. I certify,lb~ !be above infmmalion is lr1ie and correct to lhe,'.'.;t of my lmowlcdge. . 1 ~/ /3t-lrf1u,>l\E/zt/:_; L_yigna(u~ Signature of applicant/date 7 / / / -+-:-John C. Levy Bob Royster-//0.£f'' r 2 Print or type name of owner Print or type name of applicant // //' Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent • ,. ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: ________ _ DATE RECEIVED: ---------(To be completed by stajf) BACKGROUND 1. 2. 3. 4. CASE NAME: __ A_st_o_r _s_at_a_111_·te_D_is_h _______________ _ APPLICANT: __ A_st_o_r_B_ro_a_d_c_a_s_t G_ro_u_P _______________ _ ADDRESS AND PHONE NUMBER OF APPLICANT: ___________ _ 1835 Aston Way Carlsbad 760-729-1000 PROJECT DESCRIPTION: __________________ _ Installation of two satallite communications dishes as shown on the project plans. 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. · D Land Use and Planning D Population and Housing D Geological Problems Owater D Air Quality D Transportation/Circulation D Biological Resources D Public Services D Utilities & Service Systems D Energy & Mineral Resources D Aesthetics □Hazards 0Noise D Cultural Resources D Recreation D Mandatory Findings of Significance 1 Rev. 03/28/96 .. ENVIRONMENTAL IMP ACTS 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 EIR 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 all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR 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 EIR 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 EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • 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 • If there are one or more potentially significant effects, the City may avoid preparing an EIR 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: (1) 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 EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II 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 ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 3 Rev. 03/28/96 .. r Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources or operations ( e.g. impacts to soils or farmlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly ( e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( ) c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) t) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? ( ) i) Unique geologic or physical features? ( ) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) c) Discharge into surface waters or other alteration of surface water quality ( e.g. temperature, dissolved oxygen or turbidity)? ( ) 4 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than No Significan Impact t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 r Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) d) Changes in the amount of surface water in any water body?( ) e) Changes in currents, or the course or direction of water movements? ( ) f) Changes in the quantity of ground waters, either 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? ( ) h) Impacts to groundwater quality? ( ) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) 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 features ( e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ( ) g) Rail, waterborne 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)? ( ) 5 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact Rev. 03/28/96 ,, Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? ( ) 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 response 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? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( b) Exposure of people to severe noise levels? ( ) XL 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) Schools? ( ) d) Maintenance of public facilities, including roads? ( ) 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? ( ) 6 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be refe"ed to 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? ( ) XN. 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? ( ) e) 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? ( ) 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-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? 7 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact Rev. 03/28/96 '. ,, Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless b) c) XVII. t Impact Mitigation Incorporated [lf Does the project have impacts that are individually □ □ □ 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 the effects of r1· probable future projects)? Does the project have environmental effects which will □ □ □ cause the substantial adverse effects on human beings, either directly or indirectly? 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 DISCUSSION OF ENVIRONMENT AL 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 follow1ng 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 quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. 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 EIR 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 General 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 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 transportation 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 General 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. 03/28/96 August 28, 2001 Mr. John Levy 1825 Aston Ave. Carlsbad CA 92008 • Processing CN-785 Re: Application for Astor Broadcast Group Communications Dish, CUP 01-08 Dear Mr. Levy: The City of Carlsbad has come up with an additional document which requires your signature and information relating to individuals who may have an ownership interest in your property. This does not include individuals or financial institutions who hold a mortgage on the property. Please review and complete the OWNER section, item #2, on the first page of the attached "Disclosure Statement." On the second page, review item #4 and check the appropriate box. Finally, sign and date the document in the space provided. When this is completed, please call and we will arrange to have the document delivered to the City. If you have any questions please call. 7867 Convoy Court• Suite 312 •San Diego, CA 92111 • (858)496-2525 • FAX:(858)496-2527 Site Photograph 3 and Photosimulation Looking East into Site from College Ave. e e Building Height Exhibit EXISTING GRADE Detail of 10' Lattice Screen 2• LATH WITH 1.12• SPACES 2X4 SUPPORTS AS REQUIRED TO BE PAINlED LIGHT BROWN TO MATCH EXIS11NG SCREENING Lath Screen " -1---------------------,---· 10' 26' (EAST ELEVATION) l Roof Note: The purpose of the proposed screening is to block views of the satellite dishes from College Boulevard and Aston Avenue entirely. The dimensions of the screening maybe modified slightly at time of con- struction to insure that views are blocked. Ten-foot high view-obscuring screening is to be constructed of wood lath material and painted light brown to match the exist- ing screening material of the mechanical equipment currently on the roof. Screening will be repainted every two years and will be repaired as required. Photo!ph 2: Looking South into Site from Aston!. Existing Conditions Photograph 2: Looking South into Site from Aston Ave. Photsimulation Site Photograph 2 and Photosimulation Looking South into Site from Aston Ave. 21.53.140 Satellite telev1S1on antenna--Generally. http://ordlink.com/codes/carlsbwA T Al ... ALLY 121_53_14o_Satellite_televis1on.htm1 1 of2 Title 21 ZONING* Chapter 21.53 USES GENERALLY 21.53.140 Satellite television antenna--Generally. (a) Satellite television antennae, as defined in Section 21.04.302, are permitted in all zones subject to the provisions of this section and the provisions of the underlying zone. Satellite television antennae less than thirty inches in diameter are permitted in any zone and are not subject to the requirements of this section, provided that such antennae are attached to a permitted main or accessory structure on the lot. {b) Any satellite antenna erected without an approved satellite antenna permit shall be charged an investigation fee, in addition to the permit fee, which shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this chapter. The payment of such investigation fee shall not exempt the property owner or applicant from compliance with all other provisions of this chapter nor from any penalty prescribed by this code. (c) "Antenna Height" Defined. The height of the antenna or dish shall be measured vertically from the highest point of the structure when positioned for operation to the bottom of the base at either roof or ground level whichever is applicable. ( d) Residential Zone Restrictions. Satellite television antennae shall be considered as accessory to the main structure and shall be permitted in all residential zones subject to the following limitations. (1) The antenna shall be ground-mounted. (2) The antenna shall be located within the rear or side yard only; on comer lots the antenna shall not be located on the street side yard. (3) The antenna shall not exceed fifteen feet in height. (4) The antenna shall not be permitted on properties which have been designated as historic sites. (5) The antenna shall be screened from adjacent properties and public view by a wall, fence, hedge or appropriate plant or landscape material between the antenna and the property line so that no more than twenty-five percent of the antenna extends above the top of the screening material. The proposed antenna screening shall be subject to the review and approval of the planning director. (6) The antenna shall be located at least four feet from any property line. (7) No more than one satellite television antenna shall be permitted per lot. (8) The antenna shall not exceed ten feet in diameter. (e) Commercial and Industrial Zone Restrictions. Satellite television antennae shall be considered as accessory to the main structure and shall be permitted in all commercial and industrial zones subject to the following limitations: (1) Ground-mounted antenna. (A) Ground-mounted antenna shall be located in the rear fifty percent of the lot. (B) The antenna shall not exceed twenty feet in height. (C) The antenna shall not be used as a sign or contain any advertising copy. (D) The antenna shall be screened from adjacent properties and public view by a wall, fence, hedge or other appropriate plant or landscape material between the antenna and the property line so that no more than twenty-five percent of the antenna extends above the top of the screening material. (E) The antenna shall not be located in any required parking area. (2) Roof-mounted antenna may be permitted subject to the following limitations. (A) Roof-mounted antenna shall not exceed fifteen feet in height; provided, however, that in no event shall the antenna extend more than five feet above the permitted height of building upon which it is located. (B) Roof-mounted antennae shall be screened by recessing the antenna into the roof line or by constructing a screen out of similarly textured roofing or exterior wall material as the structure upon which it is located so that the antenna is not visible at ground level. (3) No more than one satellite television antenna shall be permitted per lot; provided, however, that additional antennae may be permitted by the planning director if there is more than one use on a lot which cannot feasibly be served by a single antenna. 0811411001 9:52 AM 21.53.140 Satellite television antenna-Generally. httpJ/ordlink.com/codes/carlsbadl _DAT A/ ... AU.. Y/21_53_140_Satellite_telev1sion.html 2of2 • (A} In the PM, CM and M zones, more than one satellite antenna per use may be permitted with a conditional use permit. Installation of said antennae shall comply with subsections 21.53.130( e )(1) and 21.53.130(e )(2) listed above. (4) The provisions of this subsection shall apply to hotels and motels located in residential zones. (5) The provisions of this subsection shall not apply to satellite television antenna used by and located upon the property of a commercial cable television operator franchised by the city. (f) Exception--Planned Unit Developments and Condominiums. Provisions of this section shall apply to residential planned developments, planned unit developments or condominiums; provided, however, that roof-mounted antennae may be allowed as part of the planned development permit for the project. (g) Agricultural Zone Restrictions. Sate!lite television antennae shall be considered as accessory to the main structure or use on the property and shall be permitted subject to the following !imitations: (1) The antenna shall be ground-mounted. (2) The antenna shall be located at least four feet from any property line. (3) The antenna shall not exceed twenty feet in height. (4) The antenna shall be screened from public view by a wall, fence, hedge, or other appropriate plant or landscape material between the antenna and the property line so that no more than twenty-five percent of the antenna is visible above the screening material. (h) Public Utility Zone Restrictions. Satellite television antennae shall be considered a permitted accessory use in the public utility zones. (i) Nonconforming Antennae. Any satellite television antenna erected prior to the effective date of the ordinance codified in this chapter shall be brought into compliance with the provisions of this section no later than one year after the effective date of that ordinance. {j) Whenever a discretionary permit is required for construction of a project, the satellite antenna permit may be consolidated with the discretionary permit. (k) Redevelopment Zone. A redevelopment permit issued pursuant to Chapter 21.35 shall be required for any satel!ite television antenna located in the village redevelopment zone. In addition to complying with the provisions of this section all satellite television antennae in the village redevelopment zone shall conform to the provisions of the village design manual. (I) Nothing in this section shall be construed to eliminate or change the requirement under Section 21.52.01 O (5)(Q) for a conditional use permit for radio or television transmitters. (Ord. NS-100 §§ 3--6, 1990; Ord. NS-19 § 2, 1988; Ord. 9804 § 5 (part), 1986; Ord. 9785 § 24, 1986) 0811412001 9:52 AM ·-. Commonwealth Land Title Company 1455 Frazt:e Roaa. Suite 600 San Diego, California 92108 Issuing Policies Of 0 ~~:!":!:!!~ COMPA-W Commonwealth Land Title Company 5120 Avenida Encinas, Suite 110 Carlsbad, California 92008 Attn: Your Ref: Our No: Suzette Lau 1056036SL 1056036-8 • Title Officer: Candy Church (CandyChurch@Landam.com:l Phone: (619) 686-2153 Fax: (619) 291-7623 Property Address: 1825 Aston Avenue, Carlsbad, California PRELIMINARY REPORT Dated as of March 19, 2001 at 7:30 A.M. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company qereby 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 belO\v 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 Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. 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. Please read the-~~tions shown or referred to below and the exceptions and exclusions set forth in Exhibit A ohh:i:s-.report carefully. The e.'\'.ceptions and exclusions are meant to provide you \\ith 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. CL TA Preliminary Report Form (Rev. lJ 1195) 1056036 Page 2 SCHEDULE A The form of policy of title insurance contemplated by this report is: A CLT . .\ Owners Policy • The estate or interest in the land hereinafter described or referred to wvered by this report is: AFEE Title to said estate or interest at the date hereof is vested in: John C. Levy, Jr., an unmarried man The land referred to in this Report is situated in the State of California, County of San Diego, and is described as follO\vs: · SEE EXHIBIT "A'' ATTACHED HERETO AND :MADE A PART HEREOF CLTA Prclimmary Repon Fonn {Rev. 111195) 1056036 Page 3 EXHIBIT "A'' Lot 64 of Carlsbad Tract No. 85-24, Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11811, filed in1 the Office of the County Recorder of San Diego County, May 19, 1987 APN: 212-120-12 CLTA Preliminary Repon Form (Rev. 1/1/95) 1056036 Page 4 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special ta\.es, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2001 -2002 which are a lien not yet payable. B. Secona installment property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2000 - 2001. Amount: Penalty: Exemption: Code Area: Assessment No.: $12,941.50 Not Paid (Delinquent as of 4/11/01) $1,304.15 $0.00 09094 212-120-12 C. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Ta\.ation Code, of the State of California, for the fiscal year 2000-200_1. 1st installment: 2nd installment: $1,480.70 Paid 3/17/00 $1,480.70 Paid 7/20/00 Supplemental Bill No: 899-090-29-89 D. Supplement.al or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. E. Said general and special ta\.es also secure the payment of assessments under the Bond Improvement Act of 1915. 1. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Purpose: Recorded: Affects: San Diego Gas & Electric Company Public utilities, ingress and egress May 3, 1985 as File No. 85-155963 of Official Records Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, --CL TA Prclinunary Report Form (Rev. 111195) .. 1056036 Page 5 which contains a complete legal description of the affected portions of said land. 2. An agreement to which reference is hereby made for full particulars, By and between: Regarding: Recorded: Carlsbad Research Center and the City of Carlsbad A hold harmless agreement for drainage November 3, 1986 as File No. 86-501526 of Official Records 3. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map No: Easement purpose: Affects: 11811 Sewer, drainage As shown on said tvfap. 4. Covenants, conditions and restrictions as set forth in the document Recorded: June 29, 1988 as File No. 88-313420·of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handi~ap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C.Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instrument Recorded: August 8, 1988 as File No. 88-387706 of Official Records Modification(s) of said covenants, conditions and restrictions Recorded: June I, 1995 as File No. 1995-0230848 of Official Records 5. An agreement to which reference is hereby made for full particulars, Dated: By and between: July 27' 1993 Upland Industries Corporation, a Nebraska corporation and John C. Levy, Jr. rT.,. 4 n-i;'"''"'"' 'Rl'l1N't Form (Rev. 1/1195) .. 1056036 Page 6 Regarding: Recorded: Reciprocal easement August 4, 1993 as File No. 1993-0504007 of Official Records 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Carlsbad :Municipal Water District Water February 9, 199-1-as File No. 1994-0092299 of Official Records Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 7. An easement for the purpose sho\vn below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Carlsbad Municipal Water District Water line February 11, 1999 as File No. 1999-0086798 of Official Records Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document. 8. If an ALTA Owners Policy is requested, the following exceptions are hereby added to the report: a. Rights or claims of parties. b. Unrecorded easements, discrepancies or conflicts. c. Unf'tled mechanic's or materialmen's liens. 9. The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other maners which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: John C. Levy, Jr. · · -· "---c~ ..... fV""' 1/1/95) 1056036 Page 7 • (Note: The statement of information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed statement of information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the statement of information is essential and will be kept strictly confidential to this file.) , 10. The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: Buyer(s) (Note: The statement of information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed statement of information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party wiih the same or similar name. Be assured that the statement of information is essential and \Vill be kept strictly confidential to this file.) rT TA Preliminary Report Forni {Rt:v. 1/ l/95J 1056036 Page 8 • Note No. 1: AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUTES OF 1989, (AB 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. THE LAWS REQUIRE THAT ALL ;FUNDS BE DEPOSITED AND AVAILABLE FOR \VITHDRA WAL BY THE TITLE ENTITY'S ESCRO\V OR SUBESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDL.\TE AVAILABILITY UPON DEPOSIT. CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIFIED CHECKS MAY BE AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT. ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO A VOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED. OPTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL CONFIRi\tIA TION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR AVAILABILITY OF DEPOSITED CHECKS. WIRING INFOfillIATION FOR THIS OFFICE IS AS FOLLOWS: UNION BANK 530 "B" STREET SAN DIEGO, CA 92101 BANK NUMBER: CREDIT: ACCOUNT NUMBER: RE: 122000496 Commonwealth Land Title Co. 4000124120 Commonwealth Title/Escrow No. Note No. 2: THIS COMPANY DOES REQUIRE CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at the discretion of the escrow. -·· · --· o...,.n l=nrm <Rev. 1/1195) 1056036 Page 9 Note No. 3: Requirement that thls Company be furnished with a copy of any supplemental tax bills now in existence which are not reflected on this report. Note No. 4: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days have elapsed. If taxes have been paid through an impound account or if a copy of the cancelled check can be provided to us, this requirement can be waived. Note No. 5: If any deed of trust in favor of "Private Parties" is to be omitted from our policy of title insurance, we will require that the original note, deed of trust and properly executed and notarized request for reconveyance be surrendered for review prior to close of escrow.