The URL can be used to link to this page

Home My WebLink AboutCUP 01-16; NEXTEL - BANK OF AMERICA; Conditional Use Permit (CUP)• CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1} APPLICATIONS APPLIED FOR: (CHECK BOXES) !FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) 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 0(-1(? D Redevelopment Permit D Condominium Permit D Site Development Plan ~ Environmental Impact D Special Use Permit Assessment D General Plan Amendment D Specific Plan D Hillside Development Permit D =feRt:ati•1e Pafeel MaJ3 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 specified ~ ASSESSOR~RCELNO{S}.: ~~~\_,_-~,~~~~--~\_\~~~~~~~~~~~~~~ 3} PROJECT NAME: b1'E-"'$Tf b ... BBtt~ or ~Y£&>cA 4) BRIEF DESCRIPTION OF PROJECT: ~ \N\@e.J,.."E$.S "'rE.L.$C.()m,m.\l~u:N5 yPc..\Y'S'\ 5} OWNER NAME (Print or Type} \ t-.lbol..D tA~u~ MAILING ADDRESS \515 \J1A C\.u~WAAAt.- CITY AND ST ATE ZIP TELEPHONE 6} APPLICANT NAME (Print or Ty_Qe) --·~---·-c...oKT~~~ ~~vt4Et."'N£ MAILING ADDRESS fAu..BP.coK. Cf\ C\~~ l,~ndf6 .. ~~ SANt>,lE.h~ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~$ ~ r:tc.;B-=J t..'E: ~ .:£ t\ Vi 1,A1_,,<.rr..;;Ji ~~ '-~ ------- SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION D~&°JOO:>- NoTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE ALEO. MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF.£ • 8) LOCATION OF PROJECT: STREET ADDRESS ON THE j~.,.. SIDE OF I&.. CAM\NO RU\1-- !NORTH, SOUTH, EAST, WEST} (NAME OF STREET) BETWEEN I Le Y>-!rtA Adi AND I LerJf\ttr'£ :Sna:.10.1' !NAME OF STREET) !NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 0]11} NUMBER OF EXISTING RESIDENTIAL UNITS ~ 12) PROPOSED NUMBER OF ~o ~ RESIDENTIAL UNITS ~ 13) TYPE OF SUBDIVISION ~14} PROPOSED IND OFFICE/ ~ 15) PROPOSED COMM 1~01 SQUARE FOOT AGE SQUARE FOOT AGE 16) PERCENTAGE OF PROPOSED [QJ 17) PROPOSED INCREASE IN [Q:J 18) PROPOSED SEWER [§] PROJECT IN OPEN SPACE ADT USAGE IN EDU 19) GROSS SITE ACREAGE 11.01120) EXISTING GENERAL I c 121) PROPOSED GENERAL ~ PLAN PLAN DESIGNATION 22) EXISTING ZONING B23) PROPOSED ZONING 6 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT i&?D~ G ATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE RECEIVED JUL t 2 2001 DAq~\¥AQi~ ~~jM~CEIVED RECEIVED BY: TOT AL FEE REQUIRED ~~I DATE FEE PAID I RECEIPT NO. Form 16 PAGE 2 OF 2 of ~arlsbad •4E'·'·"·'·'·'4·t'4'··'4·'' DISCLOSURE ST ATEJ\IENT Applicant's statement or disclosure of certam ownership mterests on all apphcat10ns whu:h will require,. discretionary action on the part of the City Council or any appointed Board. Comm1ss1on or Cornrntnee. The following mformation l\fUST be disclosed at the time of application submittal. Your pro_iect cannot be reviewed until this information is completed. Please print. Note: Person is defined as ••Any individual, firm. co-partnership, joint venture, assoc1anon. social club. fraternal organization. corporation. estate. trust. receiver. syndicate. in this and any other county. city and county. cny municipality. district or other political subdivision or any other group or combination actmg as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLIC.A.'1 (Not the applicant's agent) 2. Provide the COMPLETE, LEGAL names and addresses of A.LL persons hanng a financial mterest m the application. If the applicant includes a comoratmn or partnership. include the names, title, addresses of all individuals O\\ning more than 1 O~o of the shares. IF NO INDIVIDUALS OWN MORE 11iAN 10% OF THE SHARES, PLEASE Il\1DICA TE NON- APPLICABLE (NI A) IN THE SPACE BELOW If a publicly-owned c01:poration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) --r\°IV\ \::)~A.~v~ ~"E.t- Person @9>art Ni=,xrt;k Of (Ayfqti\A &\.~ Title Title_-"C ....... t.~O~--------- Address. ____________ _ Address _____________ _ OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also. provide the nature of the legal ownership (i.e, partnership, tenants in common. non-profit, corporation, etc.). If the ownership includes a cm:poration or partnership, include the names, title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN I 0% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly- owned corooration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Reg~ & ~J.."Cfol£-\ ~(;e)&,..O Person. ____________ _ Title _____________ _ Address ___________ _ Co~ ~ ....... \1.-i L1Ww·n;o\>~ Title~_B.$ Address \"51S \J\A, (µ~ ~~\(.,~~~ 1635 Faraday Avenue• Carlsbad. CA 92008-7314 • (760) 602-4600 •FAX (760) 602-8559 (i) .. · 3. ~O!\-PROFIT ORG.1ZA TIO~ OR TRl"ST If any person 1dem1fied pursuant to ( 1) or (2) above 1s a nonprofit orgamza11nn or :i rrus:. i1< ::1;: names and addresses of A .. 1\TY person ser•ing as an officer or d1Tector of the nL1n-rrl1:":: organization or as trustee or beneficiary of the. Non Profit·Trust. _________ _ Non Profit Trust. ___________ _ Tnle _____________ _ T1tle ________________ _ Address ____________ _ Address ______________ _ 4. Have you had more than $250 worth of busmess transacted wnh any member of Cit) staff. Boards. Comm1ss1ons. Commmees andJor Council w1thm the past twelve (· 12 l months'' 0Yes ~No If yes. please md1cate person(s): _______________ _ !'iOTE: Attach addn10nal sheets 1f necessaT}'. I certJfy that all the above mformanon is true and correct to the best o~U_ Signature of mmerldate ~!l(;nL'date \'(\~ \:). &\.)~~ f-~ ~'f-..,-f.L.-~~\JN\~c:tt5 Prmt or type name of owner Pnnt or type name of applicant Signature of owner/applicant's agent if applicable/date Pnnt or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE ST A TEMENT 5/98 Page 2 of 2 FR01 : ROBERT INGOLD Pl-GE NO. 6197284950 Jul. 03 2001 04:26PM P3 City of Carlsbad iiftii,11.1.a.xa~1=111 .. 14 '11 DISCLOSURE STATEMENT Applicant's statement or d>scJosum of certain O'W'Ilersh1p interesT.S on a)] appilcauons. whJ.Ch will require discretiomzy action on the . of tbe Ci Council w any .a: ointed Bo2l'd. Comm1ss1on or C'omm1nec. The following information MUSI be disclosed atthe rime of applicatlon s1Jbmmal. Your project c;snnot be reviewed until thls informauon is completed. PJease print. Nore: Person is defined ~ .. Any irulividual, fu:m. c:o-~. joint vcn1Ure, association. 10c~I club. ~l organization, COJprmtfoD. estate, ?nlst. receiver, syndicate. in this and any other to1JntY. tii:y nrui coumy. ~· mumcipafuy. dimict or OEbcr political subdivisiml m-m;y other 2'"Ql,lp or ~~ll1dtion •cti.ng as :i u.-Jit. ... ApnU may sign ibis document; bow£Ver. t.hc legal mme and =:tit"/ of lhe applic:ant and property Qwrtet mu51 bl: provided below. I. APPLICANT (Not the applicant's agent) Provide the COMPLFt£ • .LEGAL names and addresses of ALL persons having a financial interest in the :applica:tion •. I£ the applicant includes a corporation or wmnernhip. include the names. title, addresses of all in.divuiuals ov..-ni:ng more than 10% of the shares. IF NO INDJVIDUALS O\VN MORE THAN 10% OF THE SHARES. PLEASE JNDICAU NON· APPLJCABLE·(N/A} JN 1llE SPACE B:ELOW If a publicly-owned gn:po,ration. include the names. titles. and addresses of the corporate officers. (A scp~r1-te p&ge may he attached if ' · 'ncce&sary.) " · -;\~~A.WI£ ~ ~ t...L I"'~ 1,,Car1111a~ Person ~art llJ'e')C'l"&S..r Of \.J\Wf'w!M>& ~ · Title Title. _ _.C.t.Q~:i.c..-------- Address.__ _____________ _ 2. OWNER (Not the owner's agent) Provide the COMPLm, LEGAL names and addrc!'ses oi ~persons having any ownership intetst m the property involved. Also. pro,,.ide the nature of the legal ovm.ership (i.~. partntmhip. tenants in common, non-profit, corporation. cr.c.). If the ownership includes a comorptjgn m pan:nershjp. include the names., title~ addresses of aJJ individuals owning more than IO&Ai of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES~ PLEASE INDTCAtt NON~APPLICABLE ~/A) IN THE SPACE BELOW. If a pµbJjcl)'.- owned comorati9'.b include the names. titles. and addresses of th: c:or?orate officers. (A separate page may be attached ~;.~r·> ~ & ~).,'(111£,. \ ~"°'"'° Persond~~~ c~PLP ~ta...'1 Lmt"T&Ol>~ Title ~4-a. /. Title D.!5i ~ ~..&..Ji.=-.a..acoo~~~~----~----- A d d:r" 5 G:f? .J -~~~,AJ'=<C£ Address \-51.S "\11A W~ q-~e~"1!!""<-d?~ ~~,'4\~~ .?'~ .,635 Faf'Sday Ave,,ve -Carlsbad. CA 92008-7314 • (760) 602~600 •FAX (760) 602-8559 e .... .. . -.... ~ Jul. 03 2001 04:26PM P4 :!:422~ ?.CC51CJ5 If any person identified pi;rsuanr ro (I\ or f!) abo\'e ~a nonprQfiI orn::imz:nJl:>n or; !r'dfi-i1 ~: ::,4· names and addresses of Ai.~' person serving as an officer or director of the non-orofo organization or as m.isree or beneficiary of the. Non Profir.ITrust Non Profit Trust. __________ _ Title. ___________ _ TjtJ.e ·~~-~~-------~~-~~- Address.__. _____ ~~--~--Addr:ss.~--~---~-------~---- 4. Have you bad more than S250 worth of business i:ransaeted with any member of City stiff. Boards. Commissions. Comnunces and/or Council withm the past tweh'e I; 11) months? 0 Yes ~No If yes, please indicate person(s}:. ______________ _ NOTE: Attach a&hnonal sheets 1fnecesssry. PrUtt or eype name of owner .. Sjgnature of o~.cr/appJjcantts agent if applica.ble/da.t.e Print or type name of owner/applicant's agent • 1 ...... • • ? ... Paga 2 of 2 e e PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: _ .... N ..... &;_¥1__.,$-ki:;..._Gm-=-=:;.;:..;:..1~---..;..;~~'c.fm.;;..;...;..;.&,M,O.;..N .... S......_ _______ _ Please describe fully the proposed pro1ect. Include any details necessary to aae::~atetv explain the scope and/or operation of the proposed project You may also 1n=:L.;oe any background information and supporting statements regarding tne reasons for. ::- appropriateness of, the application. Use an addendum sheet if necessary. Description/Expianatson. NEXTEL COMMUNICATIONS, INC. DESCRIPTION OF PROPOSED PROJECT SITE NO: CA6401C, Bank of America (Aviara) APN: 216-122-11 The proposed communications site is located at the Bank of America building at 7700 El Camino Real. Carlsbad, CA 92009. Nextel Communications, Inc. and the sublessor, Bank of America, will enter into a license agreement for the placement of a communications facility at this location. • Nex"tel proposes to construct. operate and maintain an unmanned. Enhanced Specialized Mobile Radio (ESMR) communications facility. This facility will consist of twelve (12) panel antennas. measuring one foot wide and four feet in length that are facade mounted (four each) to the north, \vest, and east facades of the building. The panel antennas will be painted to match the color of the building. Three smaller GPS and BMR antennas will be mounted behind the existing parapet and will not be visible from outside the subject property. Ne"-"tel will also place radio equipment for this facility within a 230 square foot addition adjacent to the east facade of the building. The addition will be architecturally integrated with the existing building by painting and texturing it to match the existing building and incorporating the building"s column elements and recessed wall panels. This proposed facility would be unmanned. operating 24 hours a day. The only visits to the site will consist of any emergency calls as well as regular maintenance visits once every four to six weeks. SYSTEM BACKGROUND INFORMATION Nex"tel Communications, Inc. has been authorized by the Federal Communications Commission (FCC) to construct and operate the first multi-purpose enhanced specialized mobil" radio system (ES1v1R) in the United States. The system will provide superior service to the public in several ways: I) 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 fonn 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. 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 ne"-"t 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. SITE SUIT ABILITY This specific site was chosen based on its ability to provide needed wireless telecommunications coverage at the intersection of La Costa A venue and El Camino Real and the surrounding area within the City of Carlsbad. This site is necessary to provide uninterrupted service to mobile radio customers traveling from one area to another. Page2 Nextel Communications Description of Proposed Project CA6-401 C Bank of America PROPOSED USE OF FACILITY The project site is located in the C-1-Q Commercial zone within the City of Carlsbad. Application is made pursuant to the City's General Plan and consistent with the Zoning Ordinance requirements. 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 community. 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. 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 9 I I: 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. Pl-OE MJ. : 6197284950 Jul. 03 2001 ~:at-'il I""<:: _.,.. _____ ...,.,T ;:\C,\,.:C.~. --·' City of Carlsbad IQFJ .1 .u ;1; l•D ·kilt; ;gs .11 HAZARDOUS WASTE AND SUBSTA.~CES STATEME~T Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Sect)on 65962.S} Pursuant to State of California Government Code Section 65962.5, I have consulted the liazardous Wastes and Substances Sites Ljst compiled by the Califorma Environmental Protection Agency and hereby certify that (check one); The development project and 8J)y alternatives proposed in tliis application are not contained on the lists compiled pursU&l1t to Section 65962.S of the State Government Code. 0 The development project and any alternatives proposed in this application are cont.alned on the IiSt.S compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: Neror+.: ~())$ Name:'waa+>ferw.'1 ~ttfA ~ft) Address; S1~\ Ver;e\ \»_ 1Sur:£1i;,. }CO .. Address: )5'1.S \/rs .Cld~ ---~~L....JI\)~.~~~/ CB.~..._C\_.....d.'""""l......,\J._ __ :fey.EP¢'* t (__}\ 9'Jb2S Phone Number:~ 6®-4~'3§3. Phone Number: (~ :J~-4"3~ Ad&ess of Site: :J.:J QC? ,;,, ~O '4eat.e LocalAgency(CjtyandCounty): Crri aF ~~I ~~ S?f..~~ As.~sor·s. boal4 pagep and parcel number:._'d,..MJ..1\-!!::b=....·-__._\:d:.ww:i:;l._-_(~l.___ ________ _ Specify hst(s): Crn LJSt Regulatory Identification Number=·---------------------- '1635 Faraday Avenue• Cartabed. CA 92008-7314 • (760) BOZ-4600 •FAX ~760) 602-9559 (i) •c·t 1y of • Carlsbad 14e1.1.11.1.1.x4.f1a1u14s11 HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5. I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this appli~ation are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: NQcrf:L... ~\)N\cernO\$ Address: S16\ ~,;f8 \:»_.1~ort'li. \CO ~ \)\'£be>, CJ\ 9~ \ l I Phone Number: C$S4QJ 66()-42353. PROPERTY OWNER Name:~LC> j:"F\JC'ltU..'1 L~Y1f£> D~iP Address: \51.5 V.A Cu~ JA~'*-1 C.A 9'd.b~ Address of Site: :-] :J CD ,;:,'-CAtNNO ~k LocalAgency(CityandCounty): C.t"t'l Of" CA@.L•i;S!P£>1 Co..,ffi (;jf ~ ~ Assessor's book, page, and parcel number:, __ 'd~\ ...... b=---\1-'cl:""""-'~------4-l _.\ ____________ _ Specify list(s):_---"(_=.-..tN~---..L~JST~---------------------- Regulatory Identification Number: _________________________ _ Property Owner Signature/Date Admm'Coumer HazWastc 1635 Faraday Avenue• Carlsbad. CA 92008-7314 • (760) 602-4600 •FAX (760) 602-8559 @ f l I I ! -l FRO"! : ROBERT It-GJLD A-OE NO. 6197284950 Jul. 03 2001 04:24PM Pl J~:.03•20': :?::€ S?S-f=. Ni&Xtel CommunleatiOns ·1 NEXre.: ~761 Copley Drive, Suite 100 San Oittgo, CA 921 'Ii (619> 650-4200 Fai1.: (619) 650-4202 j l :_! l..ETIER OF AUTHORIZATION Bank of America (Aviara) APPLICATION FOR ZONING/USE PERMIT I. RQ'bert Ingold, Partner of I.he Ingold Fsmily LP, owner of the below-described propt?rty, do hereby appoint ~"EXTEL OF CALIFORNIA... !NC .• a Dela\VS?e COrp<ltation.. d/b/a Nex.te! Communications. my agent for the pi.upose of conrrummating any building or use permjt applications necessary to insure Nexters ability to use the property for the purpose of f construr:;ti.og and operating a commurncations facility. I understand th.a1 th.is application may I be denied. modm.ed. or approved with conditions and that such conditions or modifications . l must be complied with prior to issuano: of building permhs. Property Address: 7700 El Camino Real. Carlsbad,. CA 92008 Assessor~s Parcel Number: 216~ 122-11 Date·t -~/pl ·~-/""'-~---- I Autb.orized Agent: Young & Associates, Inc. consultants to Nextd Commuulcstions, Inc. i 1 ' r; \ l i I .. .J ] NEXTEL r ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I BACKGROUND (TO BE COMPLETED BY THE APPLICANT) CASE NO: DATE RECEIVED: --------- ---------(To be completed by stajf) 1. CASENAME: N£'1CT£.L-~N\c-., ci:: ~L'j\1;,@.\c.,A 2. APPLicANT:_ ..... ~...:111::: ........ ~~~-< --~C-om~=~~~11.1.N.1\.LJCJ\~:S:....I..E!\ON=a..ll.:S...._ _______ _ 3. ADDRESS AND PHONE NUMBER OF APPLICANT: ?1 b) CceL."E-~ \Jt., Sutt£. \ CC?1 ~N D,7'-co, CA ~\\ \ , ( ~,si) b6o-4-~"?fo 4. PROJECT DESCRIPTION: (\ \N\it1;..~$~ ::r"-L1:£&?ft\N\\)N.1cA'1\0N$ rAC.\\..tN PII aN :ei,\;-nN'2 ~N\!, Of ~GA Ofr\(...1:. 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 □water D Air Quality D Transportation/Circulation D Biological Resources D Public Services D Utilities & Service Systems D Energy & Mineral Resources D Aesthetics OHazards ONoise D Cultural Resources D Recreation D Mandatory Findings of Significance 1 Rev. 03/28/96 ,..,,. \.. 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 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 explain~d 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 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): ( I 1-r ) 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? < \t1 ) 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 arrangeme~t of an established community (including a low-income or minority community)? ( \ t ~ 11 ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( \ c},.1', ) b) Induce substantial growth J an area either directly or indirectly ( e.g. through projects in an undeveloped area t rt,sion of majr infrastructure)? c) Dispface existing housing, especially affordable housing? ( "':!, ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( 4-1 h ) b) Seismic ground shaking? ( 4-,, ) c) Seismic ground failure, including liquefaction? ( 4-·' ) d) Seiche, tsunami, or volcanic hazard? <4-,(, ) e) Landslides or mudflows? ( 4-,4 t) Erosion, changes in topography or unstable conditions from excavation, grading, or fill? (4 t.. ) g) Subsf~nce of the land? ( 4-1(:, ) h) Expansive soils? (4-ib ) i) Unique geologic or physical features? ( 4,-E> ) IV. WATER. Would the proposal result in: soil a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( 4,' ) 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,& ) 4 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than No Significan Impact t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 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? ( E:, ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( b ) d) Create objectionable odors? ( b ) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? <~,b ) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (do '-) c) Inadequate emergency acce(s or access to nearby uses? (~~ ) d) Insufficient parking capacity on-site or off-site? <-.(, ) e) Hazards or barriers for pedestrians or bicyclists? f) ~~~ ts with adJpted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) ~~ ~aterborne o; air traffic impacts? (d-J/o ) 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? ( \\ I k, ) b) Locally designated species (e.g. heritage trees)? < c.,n ) 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): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated ~ c) Locally designated natural commumtles ( e.g. oak □ □ □ forest, coastal habitat, etc.)? ( f>, l\ ) d) W~and habitat (e.g. marsh, riparian and vernal pool)? □ □ □ ~ ( )\ ) e) Wildlife dispersal or migration corridors? □ □ □ ~ ( ',u ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? □ □ □ [ZJ ( ,.s ) b) Use non-renewable resources in a wasteful and □ □ □ ~ inefficient manner? ( ,,5. ) c) Result in the loss of availability of a knowri mineral □ □ □ ~ resource that would be of future value to the region and the residents of the State? ( /o 15 ) 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)? ( \ '3 ) b) Possible interference with an emergency response plan □ □ □ ~ or emergency evacuation plan? (4 5 ) c) The creation of any health hazara' or potential health □ □ □ [;g. hazards? ( 4 11$ ,, ) d) Exposure of people to existing sources of potential □ □ □ ~ health hazards? ( 1"3. ) e) Increase fire hazard in areas with flammable brush, □ □ □ ~ grass, or trees? ( lO ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ('6 ) □ □ □ b) Exposure of people to severe noise levels? □ □ □ <'6 ) 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: I a) Fire protection? ( 4-,S"' ) □ □ □ b) Police protection? '4-,S,.(, ) □ □ □ c) Schools? <!,J; ) □ □ □ d) Maintenance of public facilities, including roads? □ □ □ Kl < r; tb ) e) Other governmental services? ( 511:, ) □ □ □ ~ 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? ( Si;) ) □ □ □ ~ b) Communications systems? ( S 11,, ) □ □ □ ~ 6 Rev. 03/28/96 r,- \. Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) c) Local or regional water treatment or distribution facilities? ( -51, ) d) Sewer or septic tanks? ( S,' ) e) Storm water drainage? ( ,S1 b ) f) Solid waste disposal? ( ,S-1 I:, ) g) Local or regional water supplies? ( '>,6 ) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? ( }4. ) b) Have a demonstrate negative aesthetic effect? ( \4-) c) Create light or glare? ( \4--) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( '5,, ) b) Disturb archaeological resources? ( -S'4 ) c) Affect historical resources? ( S 1 ' ) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? <~ k, ) e) Res&ict existing religious or sacred uses within the potential impact area? ( ~ /4 ) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (\~ ) b) Affect existing recreational opportunities? ( Q.. ) 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 Potentially Less Than No Significant Significant Significan Impact Impac: Unless t Impact Mitigation Incorporated □ □ □ f2J □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ ~ □ □ □ El □ □ □ ~ □ □ □ I □ □ □ □ □ □ i □ □ □ □ □ □ m □ □ □ l2J □ □ □ ~ □ □ □ Rev. 03/28/96 r- \-. Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) b) 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 probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. ' -# Potentially Significant Impact □ □ Potentially Less Than No Significant Significan Impact Unless t Impact Mitigation Incorporated □ □ ~ □ □ 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 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 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 Sources for Nextel Communications-Bank of America Environmental Impact Assessment Form 1. Carlsbad General Plan -Land Use Element 2. Carlsbad General Plan -Circulation Element 3. Carlsbad General Plan -Housing Element 4. Carlsbad General Plan -Safety Element 5. Carlsbad General Plan 6. EIR for Carlsbad General Plan 7. Carlsbad Zoning Ordinance 8. Carlsbad Noise Ordinance 9. California Coastal Act 10. Uniform Fire Code 11. Multiple Species Conservation Plan -County of San Diego 12. General Plan Open Space/Recreation Element 13. Facility will comply with FCC limits for RFR emissions of wireless telecommunications facilities 14. Facility will be architecturally integrated with the architecture of the existing commercial building by painting the panel antennas to match the building and by placing radio equipment within a building addition which is painted and textured to match the existing building. The addition will also utilize the column elements and recessed wall panels of the existing building. See architectural drawings and photosimulations of proposed facility. Earlier Analysis The previous environmental review documents (i.e. ND/EIR) for the office building and Carlsbad General Plan have addressed all of the issues in the Environmental Impact Checklist for this project with the exception of aesthetics and hazards which are addressed above. The reason for this is that this project involves a minor addition to (230 square feet) to an existing commercial building, which was previously reviewed under CEQA, and the proposed project occurs entirely within a disturbed and previously developed area. The environmental review documents for the subject building and the Carlsbad General Plan are available at the City of Carlsbad Planning Department ,, NEXTEL COMMUNICATIONS, INC. DESCRIPTION OF PROPOSED PROJECT SITE NO: CA6401C, Bank of America (Aviara) APN: 216-122-11 The proposed communications site is located at the Bank of America building at 7700 El Camino Real, Carlsbad, CA 92009. Nextel Communications, Inc. and the sublessor, Bank of America, will enter into a license agreement for the placement of a communications facility at this location. Nextel proposes to construct, operate and maintain an unmanned, Enhanced Specialized Mobile Radio (ESMR) communications facility. This facility will consist of twelve (12) panel antennas, measuring one foot wide and four feet in length that are facade mounted (four each) to the north, west, and east facades of the building. The panel antennas will be painted to match the color of the building. Three smaller GPS and BMR antennas will be mounted behind the existing parapet and will not be visible from outside the subject property. Nextel will also place radio equipment for this facility within a 230 square foot addition adjacent to the east facade of the building. The addition will be architecturally integrated with the existing building by painting and texturing it to match the existing building and incorporating the building's column elements and recessed wall panels. This proposed facility would be unmanned, operating 24 hours a day. The only visits to the site will consist of any emergency calls as well as regular maintenance visits once every four to six weeks. SYSTEM BACKGROUND INFORMATION Nextel Communications, Inc. has been authorized by the Federal Communications Commission {FCC) to construct and operate the first multi-purpose enhanced specialized mobi]P. 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. 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. SITE SUIT ABILITY This specific site was chosen based on its ability to provide needed wireless telecommunications coverage at the intersection of La Costa A venue and El Camino Real and the surrounding area within the City of Carlsbad. This site is necessary to provide uninterrupted service to mobile radio customers traveling from one area to another. Page 2 Nextel Communications Description of Proposed Project CA6-401 C Bank of America PROPOSED USE OF FACILITY The project site is located in the C-1-Q Commercial zone within the City of Carlsbad. Application is made pursuant to the City's General Plan and consistent with the Zoning Ordinance requirements. 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 community. 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. 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. ,, CHICAGO TITLE COMPANY PRELIMINARY REPORT Reference: 6401-C Regarding: 770 EL CAMINO REAL CARLSBAD, CA Dated as of: April 6, 2001 at 7:30AM Order No.: 13071081 -U52 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: westerndivision.ctt.com Title Department: CHICAGO TITLE COMPANY 925 "8" STREET SAN DIEGO, CA 92101 (619)544-6291 fax: {619)544-6279 Gary Dryden TITLE OFFICER @ •' SCHEDULE A Order No: 13071081 U52 YourRef: 6401-C 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL 1; AN EASEMENT MORE FOLLY DESCH.IBED BELOW AS TO PA..~CEL 2 2. Title to said estate or interest at the date hereof is vested in: INGOLD FAMILY LIMITED PARTNERSHIP 3. The land referred to in this report is situated in the State of California, County of SA.i.'1 DIEGO and is described as follows: SEE ATTACHED DESCRIPTION .· Page 1 DESCRIPTION Order No. 13071081 THE LAND REFER.~D TO IN THIS POLICY IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNL~, AND IS DESCRIBED AS FOLLOWS: PARCEL l: PARCEL A OF PARCEL MP-..P NO. 10283, IN THE CITY OF C.~SBAD, COD"NTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF TEE COUNTY OF SAJ."'il' DIEGO. PARCEL 2: AN EASEME..'IT AND RIGHT OF WAY FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF PARCEL B OF PARCEL MAP NO. 10283, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, DESCRIBED ~.S FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE NORTHWESTERLY BOUNDARY OF SAID PARCEL B, FORMED BY T'.dE COURSES OF NORTH 5°12'27" WEST 34.42 FEET AND NORTH 67°32'53" EAST 104.71 FEET; THENCE NORTH 67°32'53" EAST 104.71 FEET; THENCE NORTH 5°12'27" WEST 89.49 FEET TO THE SOUTHERLY SIDELINE OF LA COSTA AVENUE; THENCE ALONG SAID SOUTHERLY SIDELINE NORTH 54°47'33" EAST 39.00 FEET; THENCE SOUTH 5°12'27" EAST 57. 00 FEET; THE.."'il'CE SOUTH 11°51' 34" WEST 53. 84 FEET; THENCE SOUTH 67°32' 53" WEST 129.00 FEET TO SAID WEST LINE OF SAID PARCEL B; THENCE NORTH 5°12'27" WEST 26.18 FEET TO THE POINT OF BEGINNING. J SCHEDULE B Page 1 Order No: 13071081 U52 Your Ref: 6401-C At the date hereof exceptions to coverage in addition to the printed E"<ceptions 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 2001-2002 THAT ARE A LIEN NOT YET DUE. B 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND A11-Y ASSESSMENTS COLLECTED WITH TAY.ES, FOR THE FISCAL YEAR 2000-2001 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $14,007.21 (PAID) $14,007.21 $1,410.72 {DUE AFTER APRIL 10) $NONE 09045 21.6-124-11 PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES A..'IlJ ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2000-2001. lST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $442.81 (PAID) $442.81 $54.28 (DUE AFTER APRIL 10) $NONE 09045 216-124-13 c 3 . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITE SECTION 75) OF THE REVE.i.'ITJE AND TAXATION CODE OF THE STATE OF CALIFORNIA. D 4. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT (OR BOND) NO: SERIES: DISTRICT: FOR: BOND ISSUED: 5 96-1 SAN DIEGO CITY OMWD WATER STORAGE PROJECT OCTOBER 4, 1996 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TA..TI:S . AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW Page 2 SCHEDULE B (continued) OrderNo: 13071081 U52 Your Ref: 6401-C ASSESSMENT (OR BOND) NO: SERIES: DISTRICT: FOR: BOND ISSUED: 6 96-1 SAN DIEGO CITY OMWD WATER STOR..'\GE PROJECT OCTOBER 4, 1996 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/crrY PROPERTY TAXES. £ 5. THE PRIVILEGE AND RIGHT TO EXTEND DRAL.'qAGE STRUCTURES A...'ID EXC..!o.VrlTION A..'ID E."1BA...'IB:MENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRA..""ITED TEER.EI~ , WHERE REQUIRED FOR THE CONSTRUCTION A...'ID MAINTE.i.~CE OF SAID CD'tm"TY OF SAN DIEGO , AS CONTAI~ IN THE DEED RECORDED FEBRU~.RY 20, 1950, ON BOOK 3518, PAGE 221 OF OFFICIAL RECORDS. F 6 • AN EASEMENT FOR THE PURPOSE SHOW1I BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GR..'UITED TO : PURPOSE: RECORDED: AFFECTS: SAN DIEGO Gll..S AND ELECTRIC COMPANY, A CORPORATION POLES WITH WIRES JANUARY 16, 1967 AS FILE NO. 6084 OF OFFICIAL RECORDS THE ROu""TE THEREOF AFFECTS A PORTION OF SAID L.~ID AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. G 7. THE PRIVILEGE Af..1D RIGHT TO EXTEND DRAI.1.7.AGE STRUCTUP.ES AND EXCAV~.TION Jl..ND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRANTED THEREIN , WHERE REQUIRED FOR THE CONSTRUCTION A..'ID MADITEN.P.NCE OF SAID COillIT'.l OF Sll.N DIEGO , AS CONTAD.IBD IJ:I THE DEED RECORDED MA.Y ~9, 1968 AS FILE NO. 90113 OF OFFICIAL RECORDS. H 8. CO°VEJ."1.A.i.~S, CONDITIONS ll..ND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVEN]>..NT J OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS ll.ND ONLY TO THE EXTE!'IT THAT SAID COVENA...""'IT (A) IS EXE..."1PT UNDER CHAPTER 42, SECTION 3607 OF THE DNITED STATES CODE OR (B) RELATES TO HANDIC..iu> BUT DOES NOT DISCRL'l.1INATE AGAINST H.zuq])ICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: NOVEMBER 26, 1968 AS FILE NO. 207883 OF OFFICIAL RECORDS SAID COVENP.l'rrs, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEP..EOF SRALL NOT DEFE11.T THE LI:2.i.~ OF ll~r.l XORTGAGE OR DEED OF TRUST Mil..DE IN GOOD FAITH AND FOR VALUE. NOTE : SEC7: CN 12 9 5 6 . 1 OF ':!i"-E GOVElTh .. MEN':' CODE PRCV::ZDES TEE FOLLOWJ:N"G: IF TH::LS I:OC"ul-'IE..'IT CONTAI:~s AN"£ :rIBSTRICTION BA.SEJ:; ON RACE, COLOR, RELIGION, SEX, I Page 3 SCHEDULE B (continued) OrderNo: 13071081 U52 Your Ref: 6401-C FAi."'!ILIJ\..L STATUS I Mil..RITAL STATUS DISABILITY I N.;'l~TIONAL ORIGIN I OR Ai.'1CESTRY I THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS Ai."ID IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDER?i.L LAW ON THE AGE OF OCCUPJ!. .. NTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SE..TlliL NOT BE COlISTRUED Jl.~ RESTRICTIONS BASED ON FAMILIAL STATUS. ~ 9 .. THE PRI"lILEGE iU.1D RIGHT TO EXTE!-.1D DRAINAGE STRUCTURES AND EXC.;VATION ]l.~ EMBAN"".r:MENT SLOPES BEY01'.1D T.dE LIMITS OF THE RIGHT OF WAY GRANTED T'.dEREIN , WHERE REQUIRED FOR THE CONSTRUCTION AND ~..AINTEN.tl..NCE OF SAID CODNTY OF SA...~ DIEGO , AS CONTAINED IN THE DEED P.ECORDED DECEMBER 3, 1969 AS FILE NO. 220242 OF OFFICIAL RECORDS. L 10. THE PRIVILEGE A..."\J""D RIGHT TO EXTEND DRAINAGE STRUCTURES Jl...ND Exc.;\TATICN Mm EMEJ!...NY.MENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRANTED THEREIN , 'lc"'HERE P.EQUIR....."CTI FOR THE CONSTRUCTION 1>..ND MAil\TTENANCE OF SAID comrr.l OF SAN DIEGO , ]l.~ COIITAL'1ED IN THE DEED RECORDED FEBRU1l..RY 18, 1.970 AS FILE NO. 30220 OF OFFICIAL RECORDS. M 11 . Jl...N E.;sEMENT FOP.. THE PURPOSE SHOWN BELOW Ji.J:ID RIGHTS INCIDE:t-.l"""TAL THERETO AS SET FORTH IN A DOCUMENT GP..MITED TO: PURPOSE: RECORDED: AFFECTS: SA...'1 DIEGO GAS AND ELECTRIC COMPA.i.'IY, A CORPORATION THE TRANSMISSION Ai.'ID DISTRIBUTION OF ELECTRICITY FOR ALL PURPOSES FOR WHICH IT MAY BE USED, mIDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, H.2lli'DHOLES A..."ID JUNCTION BOXES WITH WIRES AND CABLES PLACED THERETI1 A.i."ID ABOVEGROIDID STRUCTURES CONSISTING OF PADS, TRJ> .. NSFORMERS AND OTHER APPURTENANCES NECESSARY FOR THE OPERATION OF SAID UNDERGROUND FACILITIES AND ALL MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH SEPTEMBER 19, 1972 AS FILE NO. 250710 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. :; 12 .. 11..N EASDmNT FOR THE PURPOSE SHOWN BELOW MID RIGHTS INCIDENTAL THERETO AS ;lQEL \AEC-3123, 93bK SET FORTH IN A DOCUMENT GR.."Z\.NTED TO: PURPOSE: RECORDED: AFFECTS: SA...~ DIEGO GAS 1>..1'.1D ELECTRIC CCMPMr£, A CORPOR..;TION A LINE OF PIPE A..."IlJ ALL NECESS~..RY Mm PROPER FIXTURES AND EQUIPMEl'IT FOR THE USE IN CONNECTION THEREWITH, FOR THE TRANSMISSION AND DISTRUBTION OF GAS OCTOBER 2, 1972 AS FILE NO. 264028 OF OFFICIAL RECORDS TEE EXACT ~OCATION A...'m EXTENT OF SAI~ EA.SEMEN'!' IS NOT I Page 4 SCHEDULE B (continued) OrderNo: 13071081 U52 YourRef: 6401-C DISCLOSED OF RECORD. o 13. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES Al:ID EXCAVATION AND EMBA.m<MENT SLOPES BEYOND THE LI:MITS OF THE RIGHT OF V."'AY GRA1:ITED THEREIN , WHERE REQUIRED FOR THE CONSTRUCTION AND M.UNTENANCE OF SAID CODNT.l OF SAN DIEGO , Jl..S CONTAINED IN THE DEED RECORDED MARCH 30, 1977 AS FILE NO. 77-115973 OF OFFICIAL RECORDS. P 14. PROVISIONS OF THE DEDICATION STATEMENT ON ?-'!'.AP OF THE S1JBDIVISON SHOlm BELOW, w"HICH RELINQUISH CERTAIN RIGh"'TS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL P\JBLIC RIGHT TO TRAVEL THE SAME. MAP NO.: STREET AFFECTED: 10283 LA COSTA AVENUE A..'IID EL CAMINO REAL IN AND TO PARCEL 1 HEREI~ DESCRIBED Q 15. AN E..Zl..SEMENT AFFECTING A PORTION OF SAID L.AND .A...'ID FOR THE PURPOSES STATED HEREIN, Ji.ND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON foll.AP NO.: FOR: AFFECTS: 10283 PRIVATE ROAD AND PUBLIC UTILTIES PARCEL 2 HEREIN DESCRIBED R 16. Ai.~ AGREEMENT, AND THE TERMS .A...'ID CONDITIONS .P-.S CONTAL'lED THEREIN DATED: BY MID BETAEEN: RECORDED: REGARDING: JULY 30, 1980 WILLI.;;U•l F. BURl-IBTT MID JOYCE M. EURlIBTT, HUSB.P.:tID AND WIFE ( "GRANTORS"} .A.."'ID LA COSTA LAND CO. , AN ILLINOIS CORPORATION (II GRANTEES II) JULY 30, 1980 AS FILE NO. 80-240725 AND RE-RECORDED SEPTEMBER 3, 1980 AS FILE NO. 80-282130 BOTH OF OFFICIAL RECORDS GR.A..."IT OF EASMENT AND AGREEMENT: GRANTORS HEREBY GRI>.NT TO GRA..."ITEE Ai.~ EASEMENT FOR INGRESS 1'.:tID EGRESS OVER Al:ID ACROSS THAT PORTION OF PARCEL 2 DESCRIBED HEREIN (HEREL~ER CALLED THE "EASEMENT PARCEL"} . THE EASEMENT PARCEL IS ALSO SHOWN ON THE PARCEL MAP NO. 10283 REFERENCE IS MADE TO SAID DCCDMENT FOR FULL PARTICULA.."IIB. s 1 7. AN UNRECOP.DED LEASE AFFECTDlG THE P'?..E'MISES !:iEREIN DESCRIBED, EXECUTED BY ::uJ.E_M9C-5123193bK A...."'ID BETWEEN T.dE P.fl...RTIES HEREIN NAMED, WITH CERTAIN TERMS , COVENANTS, CONDITIONS Ai."'ID PROVISIONS SET FORTH THEREIN LESSOR: LA COSTA I.A.."'ID COMPANY, AN ILLINOIS CORPORATION Page s SCHEDULE B (continued) • Order No: J.3 071081 U52 Your Ref: 6401-C LESSEE: RECORDED: PACIFIC SOUTHWEST REALTY COMPANY, A DELAWARE CORPORATION SEPTEMBER 3, 1980 il.S FILE NO. 80-282186 OF OFFICIAL RECORDS NOTE: AN il .. MENDMENT TO LEASE WAS RECORDED APRIL 29, 1981 AS FILE NO. 81-131178 OF OFFICI.ZU. RECORDS. AN il.SSIGMENT OF THE LESSOR'S INTEREST IS SAID LE..~E MAP EXECUTED BY: TO: RECORDED: DAON CORPOP.ATION, A DELAWARE CORPORATION AS SUCCESSOR L"'1 INTEREST TO LA COSTA LAND COMPANY, AN ILLD'OIS CORPORATION, PACIFIC SOUTHWEST REALTY COMPANY, A DELAWARE CORPORATION LA COSTA HOTEL Ai."'1D SPA, A CALIFORNIA GENERAL PA."q,TNERSHIP, AS SUCCESSOR L~ INTEREST TO RANCHO LA COSTA, INC. , A NEVADA CORPOATION MARCH 30, 1982 AS FILE NO. 82-085275 OF OFFICL;;L RECORDS THE EXACT LOC.~TION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. T 18 . .15..N EASEME...~ FOR THE PURPOSE SHOWN BELOW &ID RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: LEUCADIA COUNTY WATER DISTRICT SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS, PUMP STATION AND APPURTENA!-ICES AND THE RIGHT OF INGRESS Ai.'ID EGRESS FOR SUCH PURPOSES OCTOBER 27, 1980 AS FILE NO. 80-356707 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND Ai.'Il) IS MORE FOLLY DESCRIBED IN SAID DOCUMENT. u 19. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AL"'1D RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: P~ECOP-.DED : S~..N DIEGO GAS Ai.~ ELECTRIC CCMPANY, A CORPORATION POLES, WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION ~..ND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES, COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND AND APFUR~ENANCES A?RIL 30, :981 AS FILE NO. 81-133483 Page 6 Order No: 13071081 U52 SCHEDULE B (continued) YourRef: 6401-C • AFFECTS: AS SHOWN ON EXHIBIT "A" ATTACEED TO SAID DOCUMENT v 20. RIGHTS OF PARTIES IN POSSESSION OF SAID LAl."q]). MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN EEREIN. w 21. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. x END OF SCHEDULE B Y NOTE NO. 1 : THE REQUIREMENT THAT A COPY OF THE PARTNERSHIP AGREEMENT OF THE INGOLD FAMILY LIMITED PARTNERSHIP BE FURNISHED TO THIS COMPANY, TOGETHER WITH ALL SUPPLEMENTS, AMENDMENTS, ETC., THERETO. z NOTE NO. 2: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED) , THIS COMPANY WILL REQUIRE A COPY OF THE ORIGINAL TRUST AGREEMENT INCLUDING ALL EXHIBITS LISTING REAL AND PERSONAL PROPERTY TRANSFERRED INTO THE TRUST TOGETHER WITH COMPLETE COPIES OF ANY AMENDMENTS OR MODIFICATIONS THERETO. THE COMPANY MUST ALSO BE FURNISHED WITH A VERIFICATION OF ALL PRESENT TRUSTEES STATL~G THAT THE COPY BEING FURNISHED IS A TRUE AND CORRECT COPY OF THE ENTIRE TRUST AGREEMENT INCLUDING ALL MODIFICATIONS OR AMENDMENTS; THAT THE TRUST IS CURRENTLY IN FULL FORCE AND EFFECT; AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. PARTNER OF VESTEE AA LO t ' I • l ., -.f ; 1 ~ lf .. ~ ~ ~ •. ., t '-' ,, -·I ~ .i 1· L , t : :j .: -~ . . ' - " • > ":t ¥ ' CITY OF CARLSBAD REQUEST FOR REFUND Account No. __ 0_0_1_3_2_1_0_4_3_0_2 _____ _ VendorNo. ~-------- Fee Paid For: CUP Ol-16xl -Nextel -Bank of America Amount of Refund $ 595. 00 Date Fee Paid: __ 0_3-'-/_0_3_,_/_0-"-3 ___ _ Fee Paid By: Nextel Communications Facts Supporting Request: ___ ..... A'*'p"i'p~l-i~c~a~t .... i ..... o""n.._.,w._.i ..... t""h.,,.d..,,r_,,a._,,:wn......_ ____________________ _ Name of Applicant: __ ..,.N"""'exA.kte-...l _C~rnnm ...... u,,.n ....... j kc.,,_a_....t_..i"'"on~s~c.L/~o_M~a=.rk~~Bu~rn!:!::e~t~t----------------- Address: 5761 Copley Dr Suite 100 San Diego CA 92111 Zip (858} 650-4238 Telephone str••• ~~Oity" ~ ~ignature of Applicant: --~~-.-::_z_;:_.:;_--1.:...=~=--__,~,,,_llL:..-..!<~~=------Date Dept. Justification: Rec: ~~~~~~~~~~~~~~~~~~.i::M.oQJ_=..e_~·4=J;__:;.f,.J!,2..E:~~=-~~-D1o~o ~ Approve D Disapprove Date Finance Investigation: Rec: D Approve D Disapprove Dept. Head Signature Date City Manager's Action: ¢ Approve 0 Disapprove • -.... . . .. CITY OF CARLSBAD • LAND USE REVIEW APPLICATION 1} APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) 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 Of-10~ D Redevelopment Permit D Condominium Permit D Site Development Plan ~ Environmental Impact D Special Use Permit Assessment D General Plan Amendment D Specific Plan D Hillside Development Permit D =J=erttati'61e Pareel Map 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 -tz.'-l specified ~ A~ffiSORM~aNO(S).: -~~''~-~1-~~~~-~\~'--~----------~ 3) PROJECT NAME: b\.J;."'$Tf h... Be.w.c. OE l\ \f\ff ld\ 4) BRIEF DESCRIPTION OF PROJECT: ~ \N\@:£.J...~ "'TE..&;£,C.O(C\ff\\l"lJCAU'uN5 X°9clJ..n"{ 5) OWNER NAME (Print or Type) \ ..:lbotn tAfc\u~ 6) APPLICANT NAME (Print or Ty_pe} -= . ..-,.,...c...oNT~~~ SR\JNS.~ MAILING ADDRESS MAILING ADDRESS \515 \J1f\ C\.lf\WAAAt- CITY AND STATE ZIP TELEPHONE CITY-AND STATE TELEPHONE 'FA~ CA cra.o~ b&:>ndt6-~~ SA>l\)i"~ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~~ trT\ACJi\b-0 t:l::JliEJ<. cC AUIU~Q~ ------- SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION D~ 8')00:>- NoTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED. MUST BE SUBMITTED PRIORTO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONL V ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1OF2 .... • ·<C' - 8) LOCATION OF PROJECT: STREET ADDRESS ON THE SIDE OF ltt.. CAm180 Rt'Ak !NORTH, SOUTH, EAST, WEST) !NAME OF STREET) BETWEEN I LA eo.,.,e l\'1'f.. AND I LetNttJ::.. 5-rit-ltis.1' !NAME OF STREET) !NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS ITJ 11) NUMBER OF EXISTING ~ 12) PROPOSED NUMBER OF ~c RESIDENTIAL UNITS ~ RESIDENTIAL UNITS ~ 13} TYPE OF SUBDIVISION ~14} PROPOSED IND OFFICE/ ~ 15} PROPOSED COMM ~ SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED [QJ17) PROPOSED INCREASE IN c=QJ 18) PROPOSED SEWER [QJ PROJECT IN OPEN SPACE AOT USAGE IN EDU 19} GROSS SITE ACREAGE I J.07120) EXISTING GENERAL ~ 21} PROPOSED GENERAL ~ PLAN PLAN DESIGNATION 22) EXISTING ZONING B23) PROPOSED ZONING §"'-a.I 24) JN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT ~ G ATURE Rl!CEIVED FOR CITY USE ONLY FEE COMPUTATION MAR 0 3 2003 RECEIVED BY: TOTAL FEE REQUIR/ ~~$' I a~ ' DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 NEXi;;::=;; ® ---. _. . . -------- September 27, 2003 Van Lynch Senior Planner City of Carlsbad 1635 Faraday Carlsbad, CA 92008 Nextel Communications 5761 Copley Drive, Ste 100, San Diego, CA 92111 858 650 4200 FAX 858 650 4202 Subject: Request for Time Extension of CUP 01-16 -Nextel Bank of America Dear Van: Nextel hereby requests an extension of time to obtain a building permit for the above referenced project pursuant to condition number 15 of Planning Commission Resolution 5085. The reason for the extension request is that Nextel is still in the process of negotiating a lease agreement with the Bank of America and must fully execute the lease prior to obtaining a building permit. I have also enclosed a$ 595.00 extension fee. Please contact me at (760) 250-3711 if you have any questions. S~e} / /:)__ ;}/} /$~~ ()J<;J!;(Q) Mark Brunette Leasing/Zoning Project Manager . ' • • e· • City of Carlsbad IQFl.ieliii.M·D·F'''·'*i·'' March 31, 2003 Nextel Communications Mark Burnett 5761 Copley Drive, Suite 100 San Diego CA 92111 SUBJECT: CUP 01-16 -NEXTEL BANK OF AMERICA Dear Mark: As we discussed, the CUP application will not expire on May 7, 2003 as previously noted because Nextel has shown that they are exercising their permit by working towards securing the lease for the communications facility. The City understands that a building permit cannot be issued until the lease is in place and that it is not entirely in your control on the timing of the lease being secured. Nextel has also shown through the fulfillment of other conditions that they are making progress with the project. A request for time extension will not be necessary and the project can be found to comply with condition number 15 of Planning Commission Resolution 5085. _____ -~-------------------_ ~ -------~'-_A'le~nd enclosed a Request for Refund form to sign and return. Please only sign the romt -- as our department will type in the remainder of the information. Please give me a call at (760) 602-4613 if you have any questions regarding the above.- Sincerely, cd~ ', Senior Planner Vl:bd c: File Copy Attachment .\ ~ i I --/ 1. _),,...:-{.L I L ' ' -r , t_ I '·' 1635 Faraday A\191"1ue •Carlsbad, CA 92008-7314 • (780) 602~ •FAX (760) 602-8559 • www.ci.car1sbad.ca.us (i) NEXi;;=iii ® ---. ----. ------- March 28, 2003 Van Lynch Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Nextel Communications 5761 Copley Drive, Ste 100, San Diego, CA 92111 858 650 4200 FAX 858 650 4202 Subject: Request for Withdrawal of Time Extension of CUP 01-16-Nextel Bank of America Dear Van: Per your voicemail message, based on the fact that the City of Carlsbad considers Nextel to have exercised its rights granted under the above referenced CUP under condition 15 of Planning Commission resolution no. 5085, no time extension of the conditional use permit is required. Nextel hereby withdraws the time extension request for Conditional Use Permit 01-16 on this basis, and requests a refund of the associated time extension fee. I would like to have a written statement from the City of Carlsbad indicating that Nextel is complying with condition 15 by proceeding with lease negations with Bank of America, and that no time extension is necessary. Thank you for you help and please contact me at (760) 250-3711 if you have any questions. dJJ Mark Brunette Leasing/Zoning Project Manager