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HomeMy WebLinkAboutCUP 02-21; Hoffman Cingular; Conditional Use Permit (CUP)6 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) USE ONLY Administrative Permit - 2nd Dwelling Unit L Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment LI Master Plan LII Non-Residential Planned Development LI Planned Development Permit LI LI po-qo LI oi LI LI LI LI El LI LI LI Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentative Parcel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not sup 1 -/b 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJEC1 ZC7— ,o1--g 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) JAI IAOPFPI N CA V~C-ULNLttcZES MAILING ADDRESS MAILING ADDRESS tc R;4Sc1,_. t .7 1.4ti '1- i- I tt CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE CA -. 5p 1Lt 2- lO 7ii - 2c41 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. CORRECT TO THE BEST OF MY KNOWLEDGE. 5 *Ct€-D Lt ___________ L. -7 - Pe - SIGNATURE DATE I SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION )ici L CF 14 .1--1 1..&JL 13 .ct- 'Jv DC)I 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 FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 S 0 8) LOCATION OF PROJECT: STREET ADDRESS ON THE I cxi14 SIDE OF L Cjt)O -E%.-- (NORTH, SOUTH, EAST, WESTI (NAME OF STREET) BETWEEN I i -tbO-&c'1 A'JE - I AND CiCt- 1Z3 I (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I i I 10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING RESIDENTIAL UNITS I I 12) I I PROPOSED NUMBER OF RESIDENTIAL UNITS I 13) TYPE OF SUBDIVISION I I 14) I PROPOSED IND OFFICE! SQUARE FOOTAGE I 15) I j.) PROPOSED COMM SQUARE FOOTAGE I I 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I I 17) I PROPOSED INCREASE IN ADT 18) PROPOSED SEWER USAGE IN EDU 19) GROSS SITE ACREAGE 20) EXISTING GENERAL PLAN 21) PROPOSED GENERAL PLAN DESIGNATION I 22) EXISTING ZONING - I 23) PROPOSED ZONING I 2- I 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 TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED SEP 042002 CITY OF CARLSBAD PLANNING DJTCEIVED DATE STAMP APPLICAT RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. I Form 16 PAGE 2OF2 PROJECT NAME: 1 APPLICANT NAME: Cirigular Wireless - Please describe fully the proposed project. Include any details necessary to acequately explain the scope and/or operation of the proposed project. You may also iriclue any background information and supporting statements regarding the reasons for. Cr appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. See attached project description. PAW. 4d9i P. S SpectraSite CA-1320 Hoffman Project Description Proposal To Establish and Operate a New Cingular Wireless Digital PCS Collocatable Communications Facility SD203-11 Hoffman 4901 El Camino Real Carlsbad, Ca 92008 Prepared for: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, Ca 92008 Prepared by SpectraSite Communications, Inc. Tower Manager for Cingular Wireless 2301 Dupont Drive Irvine, California 92612 Contact: William Bennett Land Use Planner (949) 255-2349 SpectraSfte Coinmunkation,, Inc. www.SpactraSite.com 2301 Dupont Drive, Svite 200 Irvine, CA 42612 • Tel )4c:3oo Fax 949 255 2301 . . cingular WIRKLISS INTRODUCTION Cingular Wireless (CW), a.k.a. Pacific Bell Mobile Services, was established in 1994 as the wireless subsidiary of Pacific Bell. CW is a registered public utility and is developing an all-digital wireless network throughout California and Nevada. In March of 1995, CW was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, CW formally unveiled its San Diego PCS Market to officially launch the first PCS service to the residents of the State of California. Since the initial market launch of CW's "Pure Digital PCS" network, design engineers at CW have had the opportunity to assess network performance and quality vis-à-vis real market data and conditions. At present, CW is experiencing both capacity and coverage deficiencies in the vicinity of the subject site. In an effort to respond to these network needs and to ensure customer satisfaction, CW is seeking approval from the City of Carlsbad to modify it's site at 4901 El Camino Real. BACKGROUND PCS is a rapidly evolving digital technology that is changing the future of telecommunications through easy-to-use, lightweight, and highly mobile communications devices including: portable phones, pagers, computers, and personal digital assistants. PCS provides voice and data capabilities for customer's communications needs virtually anywhere and at any time. The PCS network being developed by CW differs from typical cellular networks in that it uses state of the art digital technology versus traditional analog cellular systems, which have been in use since the early 1980's. The benefits include an eight-fold increase in channel capacity, call privacy and security, improved voice call quality and an expanded menu of affordably priced products and services for personal and professional communications needs. The PCS network is designed for much broader consumer application. In addition to providing users with the convenience and benefit of "virtual office" capabilities, PCS will serve to enhance personal safety and security. With the PCS network in place, individuals will have the ability to communicate during emergency situations and/or when circumstances preclude them from utilizing a conventional landline telephone. The wireless industry has undergone tremendous growth worldwide. Studies indicate that by the end of 1999 there will be over 122 million wireless subscribers in over 125 countries throughout the world, and that by 2003 nearly one out of every two individuals in the United States will be utilizing some form of wireless device. Project Desaiption (SD-203-11) Page 2 S :• cingular SITE CHARAcrERIsrics The proposed project is located at 4901 El Camino Real at Faraday Avenue. Currently the sites use is agricultural and existing communications sites. The proposed facility will be located on the northern portion of the parcel. The site is currently zoned (R-A-10) Residential Agriculture. The surrounding land uses are as follows: North: General and Neighborhood Commercial South: Residential Agriculture East: Residential Mobile Home Park West: Residential Agriculture PRWECT DESCRIPTION Cingular Wireless (CW) is proposing to re-construct, operate, and maintain a wireless PCS facility consisting of a total of twelve (12) antennas within (3) antenna arrays of four (4) antennas each. The antennas will be mounted to a new 40' monopalm tower. The tower is being changed out to accommodate the collocation of Verizon Wireless within the trunk of the new tower. Please see the site plan for a more detailed representation of the antenna locations. The supporting equipment will consist of the following: four (4) existing self-contained, all-weather Base Transceiver Station (BTS) cabinets, one (1) existing electric meter panel, and one (1) existing telephone interface. Each of the BTS units will measure approximately 51" wide x 28" deep x 63" tall, and will contain the electronic equipment necessary to operate the facility. The equipment will continue be located within a fenced compound. No landscaping will be removed. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to CW for the provision of PCS. The proposed communications facility will transmit at a frequency range of between 1850 MHz and 2100 MHz. The power required to operate the facility typically does not exceed 200 watts per channel, and thus, the CW facility is by design a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non- ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the FCC standard for continuous public exposure of 900 microwatts per square centimeter. Project Desaipton (SD-203-11) Page 3 . . cingular WELE$$ Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the facility will be serviced by a CW technician on an as-needed basis. Generally, this is likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SrrE SELECTION CW engineering, planning, and leasing staff have been working to improve, enhance, and expand the Pure Digital PCS network throughout the County of San Diego as well as to other underserved regions of Southern California. Like existing cellular systems, PCS will employ a network of transmit/receive stations ("cell-sites") that carry and "hand-off" signals as the user moves from one area to another. As the user moves from one cell area (the area where a base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these signal variations and automatically hand the signal off to an available channel as the user moves between cell areas. The network of PcS cell sites throughout the region is 'locational dependent", meaning that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system or areas where a continuous signal cannot be maintained, and may necessitate significant design changes or modifications to the PCS network. PROJECT )usllFIcAnoN As noted, Cingular Wireless is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the State's Public Utilities Commission (CPUC), and authorized to develop and operate a new wireless, digital PCS network throughout California and parts of Nevada. CW engineers responsible for the overall design and operation of this new PCS network want to ensure that network coverage is available throughout the County of San Diego. The proposed site location is essential to meeting the network's current capacity and coverage needs in this area. At present, there is very little or no PCS network coverage to the roadways and homes located in this portion of the County of San Diego. The proposed facility is intended to Project Desoiion ()-203-11) Page 4 S angular WIRL$$ address this need, and by design will interface with neighboring sites to provide high quality, consistent network operations to CW customers. PLANNING/ZONING CONSISTENCY The location, size, design, and operating characteristics of the proposed communications facility will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity. The following supports this determination: 1. The equipment associated with the communication structure operates quietly or virtually noise free. 2. The equipment does not emit fumes, smoke, dust, or odors that could be considered objectionable. 3. The communications facility is unmanned and only requires periodic maintenance, which equates to approximately one vehicle trip per month. Further, the proposed communications facility will not result in conditions or circumstances contrary to the public health, safety and welfare, in that: 1. The proposed PCS communications facility will operate in full compliance with the U.S. standards for radio frequency emissions as adopted by the FCC. 2. The radio frequency emissions emitted by the proposed PCS facility will fall within the portion of the electromagnetic spectrum, which transmits non- ionizing radio waves. Non-ionizing electromagnetic emissions, at the low levels associated with this type of wireless technology, are not harmful to living cells. Among the items that result in non-ionizing electromagnetic emissions are police/fire/EMS radios, television broadcasts, CB radios, microwave ovens, and a variety of common household electronics including garage door openers and baby monitors. Conversely, items that transmit ionizing electromagnetic emissions include ultra-violet light, medical x-rays, and gamma rays. 3. Data currently available on the effects of electromagnetic transmissions on public health indicate that there is not the likelihood of negative impacts to public health and safety. Project Dai1Aion (SD-203-11) Page 5 09 ]0' C 'lot IF I;itv of 0 Carl sbad DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation. estate, trust, receiver, syndicate. in this and any other county. city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document however, the legal name and entity of the applicant and property owner must be provided below. APPLICANT (Not the applicant's agent) Provide the COMPLETE LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 3E 1CAT) Corp/Part CL&Lk(A(L iAL Title Title____________________________________ Address Address 'z'11 ([iTt(tC- (1+ SL1t L 1Qc: C 1-t2 2. 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 corporation or yarmershiD, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a p!bIicb owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person_ 6\'4 : l-4ct Corp/Part Title Title Address I11C k EL- LAkC Address cJ 2c CE 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 3 NON-PROFIT OR(1ZATION OR TRUST I If any person identified pursuant to (1) or (2) above is a nonprofit oruamzarion or a trus. list th e names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non ProfltlTrust__________________ Non Profit Trust______________________ Title Title Address Address El Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes LFVC7j No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. S€ M+L LrA. Signature of owner/date J , j - MMZV1gi HoFf g&Aj Print or type name of owner 7- 1 16-OZ- Signature of applicant/date rtc 4Eu(tS Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMINCOUNTERtDSCLOSURE STATEMENT 5/98 Page 2 of 2 . . ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO:________________ DATE RECEIVED:________________ BACKGROUND iTo be completed by staf/) 1. CASE NAME: 2. APPLICANT: Cingular Wireless 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 6170 Cornerstone Court #180 San Diego, CA 92121 (858)642-9441 4. PROJECT DESCRIPTION: Minor telecommunication facility and its related equipment. ?JE CAL\ SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. Land Use and Planning Population and Housing Geological Problems 9 Water 9 Air Quality 9 Transportation/Circulation 9 Public Services J Biological Resources 9 Utilities & Service Systems 9 Energy & Mineral Resources 9 Aesthetics 9 Hazards 9 Cultural Resources 9 Noise 9 Recreation D Mandatory Findings of Significance Rev. 03/28/96 . . Issues (and Supporting Information Sources): Potentially Potentiall' Less Than No ('Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated 1. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with applicable environmental plans or D El policies adopted by agencies with jurisdiction over the project? ( ) C) Be incompatible with existing land use in the vicinity? D E7 FX1 d) Affect agricultural resources or operations (e.g. impacts El 1:1 El Xx 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 0 r-1 El Eil housing? ( ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( ) 0 El 0 c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? [J 0 D [] e) Landslides or mudflows? ( ) 0 El fl f) Erosion, changes in topography or unstable soil 0 0 conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) 0 0 0 iii:i h) Expansive soils? ( ) i) Unique geologic or physical features? 0 0 IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the 0 U r,7 rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards [j [I] U 10such as flooding? ( Rev. 03128/96 . . 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) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body? ( ) e) Changes in currents, or the course or direction of water 0 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? Li Li Li 1 r4 h) Impacts to groundwater quality? ( ) Li Li F-1 50 i) Substantial reduction in the amount of groundater Li Li Li otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an El Li FA existing or projected air quality violation" ( ) h) Expose sensitive receptors to pollutants? Li Li 1J c) Alter air movement, moisture, or temperature, or cause Li 121 Li [ any change in climate? ( ) d) Create objectionable odors? ( ) D fl Li L1 VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? Li Li Li b) Hazards to safety from design features (e.g. sharp Li Li Li El curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) inadequate emergency access or access to nearby uses? Li Li Li d) Insufficient parking capacity on-site or off-site? Li Li Li e) Hazards or barriers for pedestrians or bicyclists? Li Li Li I] f) Conflicts with adopted policies supporting alternative Li Li Li kill transportation (e.g. bus turnouts. bicycle racks)? ( ) g) Rail, waterborne or air traffic impacts? 0 Li Li 5 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 VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats 0 (including but not limited to plants, fish, insects, animals, and birds? ( ) b) Locally designated species (e.g. heritage trees)? 0 0 0 [J c) Locally designated natural communities (e.g. oak El El D forest, coastal habitat. etc.)? ( d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? o 0 VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? 0 0 rvi ( ) b) Use non-renewable resources in a wasteful and 0 0 FRI inefficient manner? ( ) c) Result in the loss of availability of a known mineral 0 0 resource that would be of future value to the region and the residents of the State? ( ) LX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous o 0 o [1 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 soutces of potential FRI health hazards? ( . ) e) Increase fire hazard in areas with flammable brush, [1 grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? 0 XI. PUBLIC SERVICES. Would the proposal have an effect upon. or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) El M b) Police protection?( ) 0 0 0 E1 c) Schools? El LI LI E] 6 Rev. 03128/96 . Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) Potentially Potentially Less Than Significant Significant Significan Impact Unless t Impact Mitigation Incorporated No Impact 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? ( ) C) Local or regional water treatment or distribution facilities? ( ) d) Sewer or septic tanks? ( ) e) Storm water drainage? ( ) 1) 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? ( ) XIV. 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 hich 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? C b) Affect existing recreational opportunities? ( ) LI LI LI LI LI LI o LI LI LI LI LI o LI LI LI LI LI LI LI o LI LI LI LI LI LI LI LI LI LI LIE LI LI LI LI LI LI LI LI LI FR LI LI LI 51 LI LI LI LI LI LI LI LI LI 12 LI LI LI 7 Rev. 03128196 . . Issues and Supporting Information Sources): Potentially PotentialI Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the D 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? b) Does the project have impacts that are individually E limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when vieved 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 0 0 0 cause the substantial adverse effects on human beings, either directly or indirectly? XVII. 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. 0328/96 cingul*xw WIRMLISS . Supplemental Environmental Information For SD203-11 Hoffman 4901 El Camino Real, Carlsbad Environmental Impact Assessment a) Earlier analysis used. Identify earlier analyses and state where they are available for review. Final Master EIR 93-01 for the update to Ciii' of Carlsbad General Plan 1994, on file in the Planning Department; Negative Declaration CUP 96- 01 for the construction, operation and maintenance of an automated personal communication system (PCS) station at 4901 El Camino Real, on file in the Planning Department 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. Cumulative Air Quality, Circulation andAesihetic impacts. No proposed Final Master EIR 93-01 mitigation measures are applicable or relevant to this project Mitigation measures from Negative Declaration CUP 96-01 would still be applicable to this new CUP. 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. EIR 93-01, N/A per evaluation for CUP 96- 01. Per conditions of CUP 96-01, a 30' wide open space easement around the monopole was to be recorded prior to approval of building permits. This will not change as part of this proposal and should address the site specific conditions for the project e City of Carlsbad •1 I1u1Il1!L!F1g4,IIII1I 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 application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:( CULAQ i3S Name:-iI kQC -\ckit3 Address: C C(QtIE c-k ¶UE&CAddress: \'\C L C\SIC ZE4_ CA (t\ q2 Phone Number: 'E ) e42 'N4 I Phone Number:(7t) '7Zfr ZC4V Address of Site: 49 Lu c-'M ic c Local Agency (City and County): ( C (C CE S D k-C-( Assessor's book, page, and parcel number:2. C -) 7 —I Specify list(s):'TLtE((,tctA t4:L)t.Li)SL Regulatory Identification Number:______________________________________________________ Date ofList: 1 S7 21 <Q 1- L 5 A#4Ct4€1) LOA. Applicant Signature/Date Property Owner Signature/Date An/Coimr/HazWas*e 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 STATE OF CALIFORNIA HAZARDOUS WASTE AND SUBSTANCES SITES LIST CITY LIST DISC . PGM: CALEPA5 04/15/98 FACILITY INVENTORY DATA BASE PAGE 37 HAZARDOUS WASTE AND SUBSTANCES SITES LIST SORT BY CITY, ST NAME, ST NOR STREET NOR STREET NAME CITY ZIP FACILITY NAME CO REQ BY - REQ ID 5600 AVENIDA ENCINAS CARLSBAD 920000000 UNISYS CARLSBAD 37 WBC&D 9 000004N94 1044 CARLSBAD VILLAGE CARLSBAD 92008 CHEVRON SERVICE STATION 37 LTNKA 9U11000 1044 CARLSBAD VILLAGE CARLSBAD 92008 CARLSBAD CHEVRON 37 LTNKA 91.112001 871 CARLSBAD VILLAGE CARLSBAD 93164 ITT CONTINENTAL BAKING C 37 LTNKA 9U12611 920 CARLSBAD VILLAGE CARLSBAD 92008 GASCO SERVICE STATION 37 LTNKA 9UT2724 2100 COSTA DEL MAR CARLSBAD 92009 LA COSTA HOTEL &.SPA 37 LTNKA 9UT242 2500 EL CAMINO REAL CARLSBAD 92008 CHEVRON SERVICE STATION N 37 LTNKA 0UT685 2545 EL CAMINO REAL CARLSBAD FIRESTONE 37 LTNKA 9U11813 2545 EL CAMINO REAL CARLSBAD J.C.PENNYS AUTO CENTER 37 LTNKA 9UT117 2890 EL CAMINO REAL CARLSBAD 92008 SHELL OIL SERVICE STATION 37 LTNKA 9UT2241 7654 EL CAMINO REAL CARLSBAD 92008 WALTS ARCO SERVICE STATID 37 LINKA OUT 1503 3701 HAYMAR CARLSBAD 920080000 SOUTH COAST MATERIALS 37 LTNKA 9UT3452 405 OAK CARLSBAD 92008 PUBLIC WORKS YARD 37 LTNKA OUT 1950 2160 PALOMAR AIRPORT CARLSBAD 920080000 PALOMAR AIRPORT 37 LTNKA 91.112041 2210 PALOMAR AIRPORT CARLSBAD 92008 MCCLELLAN-PALOMAR AIRPORT 37 LTNKA 9UT2227 2210 PALOMAR AIRPORT CARLSBAD 92008 FLIGHT INTERNATIONAL 37 LTNKA 9U1846 880 PALOMAR AIRPORT CARLSBAD 92008 PEASOUP ANDERSON/UNION Sf 31 LINKA 9U7394 850 PALOMAR AIRPORT CARLSBAD 92008 CARLSBAD PROPERTIES, LTD 37 LINKA 9U11953 899 PALOMAR AIRPORT CARLSBAD MOBIL OIL STATION 37 LINKA 9U11498 8338 PASEO DEL NORTE CARLSBAD 92008 WESELOH CHEVROLET 37 LINKA OUT 1183 5434 PASED DEL NORTE CARLSBAD 920080000 NORTH COUNTY LINCOLN MERC 37 LTNKA 9UT3254 801 PINE CARLSBAD 92008 CARLSBAD UNIFIED SCHOOL 37 LTNKA OUT 1080 2615 STATE CARLSBAD 920080000 PAUL'S AUTOMOTIVE 37 LTNKA 9UT3043 2779 STATE CARLSBAD 02000 NORTH COUNTY TRANSIT 37 LTNKA 9UT3065 April, 1998 R ik 9 STEWART TITLE OF CAIIFORIZIA, INC., ORANGE COUNTY DIVISION 180 NORTH RIVERVIEW, SUITE 100 ANAHEIM, CA 92808 (714) 685-2320 www.atewarttit1e.com MEMBER CALIFORNIA LAND TITLE ASSOCIATION PRELIMINARY REPORT Mericom Corporation 167 Technology Drive Irvine, CA 92618 Attn: Cindy l3ristell Order Number: 90165077 Your Reference: Tamarack Property Address:,, CA In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. 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 referenced to as an Exception on 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 should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. 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 thereto) 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. Dated as of April 10, 2002 at 7:30 A.M. Bill Cuddyer, Title Officer . 90165077 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report Is: California Land Title Association Standard Coverage Policy The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or interest at the date hereof is vested In: Jay Franklin Hoffman and Maryon Dooley Hoffman, Co-Trustees, U.T.D. October 2, 1984 Continued on next page -1- . . 90165077 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, described as follows: Parcel A: That portion of Parcels 2 and 3 of Parcel Map No. 3451, in the City of Carlsbad, County of San Diego, State of California, January 31, 1975, in the office of the county recorder of said county, lying westerly of the following described line: Beginning at the northeasterly corner of said Parcel 2; thence, along the northerly line of said Parcels 2 and 3, westerly along a curve concave southerly and having a radius of 960.00 feet, a distance of 198.26 feet to a tangent line; thence, South 87 0 27' 37" West along said tangent line 358.86 feet to the true point of beginning; thence South 87 0 27' 3711 West 145.41 feet to the true point of beginning; thence, leaving northerly line South 10 58' 5411 West 315.79 feet, more or less, to .a point in the southerly line of said Parcel 2. Together with that portion of Lot "E" of the Rancho Agua Hedionda, in the county of San Diego, State of California, according to partition map thereof, No. 823, filed in the office of the county recorder of said county, lying southwesterly of a line which is 73.00 feet southwesterly of and concentric with the centerline of Road Survey Map No. 1800-1 (El Camino Real) between engineer's stations 475+00 and 482+00 according to said map, filed in the office of the county engineer of said county. Excepting from said land those portions of property shown and delineated within the records of the San Diego County Assessor's Office as Assessor's Parcel Numbers 207-101-27 and 207-101-29. End of Legal Description Continued on next page -2- . . 90165077 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2002-2003 which are a lien not yet payable. B. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2001-2002: 2nd Installment $1,449.67, Paid Exemption $7,000.00 Assessment No. 207-101-28-00 C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. B. The lien of any special tax resulting from the inclusion of the property in a special assessment district or Mello-Roos Community Facilities District in accordance with the codes, which may exist by virtue of-assessment maps or notices filed and/or recorded by any such district. Assessments, if any, arising from such assessment districts will be collected along with the regular county real estate taxes. 1. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 2. Title to, and easements in, any portion of the land lying within any highways, roads, streets, or other ways. 3. Easements or claims of easements not recorded in the public records. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee Oceanside Mutual Water Company, a California corporation Purpose pipelines Recorded in Book No. 1795, page 355, of deeds Affects said land 5. Rights of the public to use for Street purposes, as shown Continued on next page -3- C 90165077 on said map and dedicated to the public thereon, that portion of said land included within road survey 682. 6. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the lii nits of Road Survey 682 where required for the construction and maintenance of said county highway as granted to county of San Diego in deed recorded March 10, 1936 in Book 479, page 341 of official records. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee Carlsbad Mutual Water Company Purpose pipelines Recorded November 3, 1941 in Book 1271, page 70, official records Affects said land B. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee San Diego Gas and Electric Company Purpose distribution of electricity Recorded November 27, 1951, in Book 4302, page 401 File No. 143706, official records Affects said land 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee San Diego Gas and Electric Company Purpose distribution of electricity Recorded June 1, 1953 in Book 4874, page 143 Instrument No. 71511, official records Affects said land 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee San Diego Gas and Electric Company Purpose distribution of electricity Recorded June 1, 1953 in Book 4874, page 148 File No. 71512, official records Affects said land 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee San Diego Gas and Electric Company Purpose distribution of electricity Recorded August 9, 1966 File No. 128725, official records Affects said land Continued on next page -4- . . 90165077 to which reference is made for full City of Carlsbad and Joy F. Hoffman and Maryon D. Hoffman an agreement for improvements in a public right-of-way July 26, 1972 File No. 194226, official records 12. An agreement particulars: By And Between Regarding Recorded 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee San Diego Gas and Electric Company Purpose distribution of electricity Recorded June 11, 1974 File No. 74-154502, official records Affects said land 14. An agreement particulars: Dated By And Between Regarding Recorded to which reference is made for full November 6, 1974 City of Carlsbad and Jay F. Hoffman and Maryon D. Hoffman improvements in a public right-of-way November 13, 1974 File No. 74-300268 1 official records 15. Easements for various utility purposes in, upon, over and across U portion of El Camino Real as vacated as reserved by the county of San D: instrument recorded December 21, 1976 as File No. 76-428052. Said easement is blanket in nature. 16. A certificate of compliance recorded September 22, 1982 as File No. 293200. 17. Terms and provisions of a Lease executed by Jay F. and Maryon D. Hc as Lessor and Cox California PCS, Inc., as Lessee as disclosed by a memc of lease agreement recorded November 7, 1996 as Instrument No. 96-05640E official records. 18. Covenants, conditions, and restrictions as set forth in an instrument recorded December 5, 1996, official records, but omitted any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restriction; (a) is exempt under Title 42 of the United States Code; or (b) relates to handicap, but does not discriminate against handicapped persons. Section 12956.1 of the Government Code provides the following: Continued on next page -5- . 90165077 If this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin or ancestry that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee City of Carlsbad, a municipal corporation Purpose open space Recorded August 6, 1997 97-0375383, official records Affects said land 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee City of Carlsbad, a municipal corporation Purpose open space Recorded September 28, 2001 2001-0703336, official records Affects said land 21. The matters contained in an instrument: By and Between City of Carlsbad and Jay F. and Maryon D. Hoffman upon the terms and conditions and covenants therein provided. Recorded October 2i 2001 Instrument No. 1 2001-0710483, official records 22. Rights of tenants in possession. 23. Our examination of the record title to the herein described land does not disclose any existing loans. We, therefor, request a copy of the owners Disclosure Statement with reference to existing encumbrances to reconfirm our findings. END OF EXCEPTIONS Continued on next page -6- ASSUMED BY ITS ATTACHMENT TO THE POLICY OF TITLE INSURANCE OF STEWART TITLE GUARANTY COMPANY. *IN \ 'S. 207-10 I I 8 AC /LI$l '. .'•J'4• * 37 Qda C. It HILLS DETAIL -C- SCALE e SHT 2 •.fl ,s/ • DETAIL B '4'A ('#• No SCALE AfAv ,,,v V14 W •" 4L-' Lp 0.28 3ARM JM . I if 7 A, ? 'D 1. PAR I SK IMP *720-27-la a. pm 1 - W *740-37-0* 4 Pm 1 - IMP 2720-21-20 MAP 623—RHO AGUA HEDIONDA—POR LOT I $01 DtE(I0 CQ"Ty assto,,rs MP or 207 PG tO - Sill I OF 2 MM 231, ROS 3786a4484.4852,5289,5414,9017,9564,9860j0874,12154 APO22Oa1 RE . . CLTA PRELIMINARY REPORT FORM EXHIBIT A CLTA PRELIMINARY REPORT FORK LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DANAGE, COSTS, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING OR ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCENENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OR POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTEND THAT A NOTICE OF THE EXERCISE THEREOF OR NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LARD HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. BUT NOT EXCLUDING PROM COVERAGE ANY TAXING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) WHETHER OR NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WHITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR (H) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE OR FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY. 4. UNENPORCEABLILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OR INDEBTEDNESS, TO COMPLY WITH THE APPLICABLE DOING BUSINESS LAWS, OF THE STATE IN WHICH THE LAND IS SITUATED. S. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW. 6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS POLICY OR THE TRANSACTION CREATING THE INTEREST OF TEE INSURED LENDER, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS. EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR WHICH MAY BE ASSERTED BY PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. S. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS. CLAIMS OR TITLE TO WATER WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 1 OF 6 . . CLTA PRELIMINARY REPORT FORM 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND EXPENSES RESULTING FROM: 1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENTAL REGULATION. THIS INCLUDES BUILDING AND ZONING ORDINANCES AND ALSO LAWS AND REGULATIONS CONCERNING: * LAND USE * IMPROVEMENTS ON THE LAND * LAN]) DIVISION * ENVIRONMENTAL PROTECTION THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF TENSE MASTERS WHICH APPEAR IN THE PUBLIC RECORDS AT POLICY DATE. THIS EXCLUSION DOES NOT LIMIT THE ZONING COVERAGE DESCRIBED IN ITEMS 12 AND 13 OF COVERED TITLE RISKS. 2. THE RIGHT TO TARE THE LAND BY CONDEMNING IT, UNLESS: • A NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS ON THE POLICY DATE • THE TAXING HAPPENED PRIOR TO THE POLICY DATE AND IS BINDING ON YOU IF YOU BOtXET THE LAND WITHOUT KNOWING OF THE TAXING 3. TITLE RISKS: * THAT ARE CHEATED, ALLOWED • OR AGREED TO BY YOU * THAT ARE KNOWN TO YOU, BUT NOT TO US, ON THE POLICY DATE - - UNLESS THEY APPEARED IN THE PUBLIC RECORDS * THAT RESULT IN NO LOSS TO YOU * THAT FIRST AFFECT YOUR TITLE AFIRE THE POLICY DATE - - THIS DOES NOT LIMIT THE LABOR AND MATERIAL LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISKS 4. FAILURE TO PAY VALUE FOR YOUR TITLE. S. LACK OF A RIGHT: • TO ANY LAND OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN ITEM 3 OF SCHEDULE A OR • IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH YOUR LAND THIS EXCLUSION DOES NOT LIMIT THE ACCESS COVERAGE IN ITEM 5 OF COVERED TITLE RISKS. EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS. 2. ANY EASEMENTS OR LIENS NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISES. 3. ANY FACTS ABOUT THE LAND WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN ITEM 12 OF COVERED TITLE RISKS. 4. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 2 OF 6 CLTA PRELIMINARY 'PORT FORM . 3. AMERICAN LAND TITLE ASSOCIATION WAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM I COVERAGE AM AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS AND COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE • COSTS • ATTORNEY'S FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE MIT TAXING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) CHEATED. SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT ENOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (D) ATTACKING OR CREATED SUBSEQUENT TO DARE OF POLICY (EXCEPT TO THE EXTENT THAT THIS POLICY INSURES THE PRIORITY OF THE LIEN OF THE INSURED MORTGAGE OVER ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIAL OR TO THE EXTENT INSURANCE IS AFFORDED HEREIN AS TO THE ASSESSMENTS FOR STREET IMPROVEMENTS UNDER CONSTRUCTION OR COMPLETED AT DATE OF POLICY); OR (H) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE. 4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED. S. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW. 6. ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIALS (OR THE CLAIM OF PRIORITY OF ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIALS OVER THE LIEN OF THE INSURED MORTG&t3E) ARISING FROM AN IMPROVEMENT OR WORE RELATED TO THE LAND WHICH IS CONTRACTED FOR AND COMMENCED SUBSEQUENT TO DARE OF POLICY AND IS NOT FINANCED IN WHOLE OR IN PART BY PROCEEDS OF THE INDEBTEDNESS SECURED BY THE INSURED MORTGAGE WHICH AT DATE OF POLICY THE INSURED HAS ADVANCED OR IS OBLIGATED TO ADVANCE. 7. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CHEATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANRRUPICY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (II) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OR EQUITABLE SUBORDINATION; OR (III) THE TRANSACTION CHEATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (A) TO TIMELY RECORDED THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 3 OF 6 CLTA PRELIMINARYPORT FORM THE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE FOLLOWING GENERAL EXCEPTIONS EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF; 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CALIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY WAXING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCtR*(BRI4NCES, OR CLAIMS THEREOF. WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. S. (A) UNPATENTEI) MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A). (B) OR CC) ARE SHOWN BY THE PUBLIC RECORDS. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL HOT PAY LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF; (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERM4ENTA1, REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LARD HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAXING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. DEFECTS, LIENS, ENCUMBRANCES • ADVERSE CLAIMS OR OTHER MATTERS: (A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (B) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (I) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (II) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 4 OF 6 . . CLTA PRELIMINARY REPORT FORM THE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE ABOVE EXCLUSIONS FROM COVERAGE THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE FOLLOWING GENERAl, EXCEPTIONS: EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' TEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY WAXING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONPLIICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. S. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS. 5. CLTA RO1IXOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA RONEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS IN ADDITION TO SHE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND EXPENSES RESULTING FROM: 1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENT REGULATION. THIS INCLUDES ORDINANCES, LAWS AND REGULATIONS CONCERNING: A. BUILDING B. ZONING C. LAND USE D. IMPROVEMENTS ON LAND E. LAND DIVISION P. ENVIRONMENTAL PROTECTION THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS IF NOTICE OF THE VIOLATION OR ENFORCEMENT APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE. THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISE 14, 15, 16, 17, OR 24. 2. THE FAILURE OF YOUR EXISTING STRUCTURES, OR ANY PART OF THEM, TO BE CONSTRUCTED IN ACCORDANCE WITH APPLICABLE BUILDING CODES. THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OF BUILDING CODES IF NOTICE OF THE VIOLATION APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE. 3. THE RIGHT TO TREE THE LAND BY CONDEMNING IT, UNLESS: A. NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE; OR B. THE TAXING HAPPENED BEFORE THE POLICY DATE AND IS BINDING ON YOU IF YOU BOUGHT THE LAND WITHOUT KNOWING OF THE TAXING. 4. RISKS: A. THAT ARE CHEATED, ALLOWED, OR AGREED TO BY YOU, 1IkthTHXR OR NOT THEY APPEAR IN THE PUBLIC RECORDS; B. THAT ARE KNOWN TO YOU AT THE POLICY DATE, BUT NOT TO US, UNLESS THEY APPEAR IN THE PUBLIC RECORDS AT THE POLICY DATE; C. THAT RESULT IN NO LOSS TO YOU; OR D. THAT FIRST OCCUR AFTER THE POLICY DATE - THIS DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 7, S.D. 22, 23, 24 OR 25. S. FAILURE TO PAY VALUE FOR YOUR TITLE. 6. LACK OF A RIGHT: A. TO ANY LAND OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN PARAGRAPH 3 OF SCHEDULE A; AND B. IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH THE LAND. THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISE 11 OR 18. REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 5 OF 6 - -J( MW 4874, PAGES 143 NE 148 O.L—.. Re S —5- / 4/s I COIL L.2 T 2 i t An R=30.Wj - L-188.50' 'qb "1 ! S 2174( V (RN).) tab p 4 . — 77-3zs Z/— 7.j'' (u Tr" E -N 762432" E 17.48' .1 . . II lE)4D OPEN SPE EVEM , DEZAIED TO OFf OF CLSB*D (2121.43 SO. Fr.) C) HiCATES RECORD PER FU 3451 []ffiCMESEcOImPER USN" a 82-32O0 O This easement plot is approximate only and is furnished only as a matter of accommodation It is not a survey of the land but is compiled from information from data shown only by official records. No liability is assumed for any reliance placed upon this information. EL cJM1IIQ SITE 73fl3l *)lLi 73 (16731 wYwp Property in question = (]) I? DMNIOOD STUON It; qz ~z i av& 59 h LDIs a'evi. ids 91945 EXHIBIT B SHI i OF 1 Siff TW BY: OPEN SPACE EASEMENT W&S MW BUt MO.E S(RIAC(S PREPARED BY $610 GRNIIE mocE OJE. WIlE A 4 1 207-101-19-00 S* O, CA $2123 THOWS ) JONES LS. E622 EXP. 12/31799 16 Easement plot for Preliminary Report no.90-165077 ._ S 6. •GOLDR COMPREHENSIVE PROTECTION LOAN POLICY OF TITLE INSURANCE EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, ATTORNEYS FEES OR EXPENSES WHICH ARISE BY REASON OF: (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCtJRAjy, USE, OR ENJOYMENT OF THE lAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIROM4ENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGUL1ITIONS, EXCEPT TO THE EXTENT TEAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. THIS EXCLUSION FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 16, 17, 34, AND 41. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. THIS EXCLUSION FROM COVERAGE 1 (A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 16, 17, 34, AND 41. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAXING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT X*NILROGE. 3. DEFECTS • LIENS • ENCUMBRANCES. ADVERSE CLAIMS OR OTHER MATTERS. (A) CHEATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY • NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT F340M TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER 51115 POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (D) ATHAtiIflG OR CHEATED SUBSEQUENT TO DATE OF POLICY (THIS EXCLUSION PROM COVERAGE 3 (D) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 7, 8, 15, 16, 18, 21, 22, 24, 25, 26, 28, 29, 30, 32, 33, 34, 35, 38, 39, AND 40); (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE. 4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED. S. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCE!) BY THE INSURED MORTGAGE AND IS BASED UPON ANY CONSUMER CREDIT PROTECTION OR TRUTH-IN-LENDING LAW. 6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST' OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (A) THE TRANSACTION CREATING THE ESTATE OF THE INSURE!) MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (B) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE SUBORDINATION; OR (C) THE TRANSACTION CHEATING TEE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE; (I) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (II) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. 7. TAXES, ASSESSMENTS, COSTS, CHARGES, DAMAGES AND OTHER OBLIGATIONS TO THE GOVERNMENT SECURED BY STATUTORY LIENS THAT BECOME A LIEN ON THE LAND SUBSEQUENT TO DATE OF POLICY, BUT THIS EXCLUSION 7 DOES NOT LIMIT THE COVERAGE OF INSURING PROVISION 34. REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 6 OF 6 ;z cing 0 0 Mar- WIRELESS LETTER OF AUTHORIZATION July 16, 2002 City of Carlsbad Planning & Building Departments 1635 Faraday Avenue Carlsbad, California 92008 Re: Letter of Authorization to Renew the Conditional Use Permit for the Communications Facility at 4901 El Camino Real, Carlsbad. I, owner/agent of the below-described property, do hereby appoint Cingular Wireless (CW) my agent for the purpose of consummating any application necessary to insure their ability to use the property for which CW currently has an existing wireless communications facility. I understand that this application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Property Address: 4901 El Camino Real Carlsbad, California 92008 Assessor's Parcel Number: 207-101-27 By: f Owner/Agent ,/'_ SD-203-11 cingular W1ftKLX$S Additional Application Data For SD203-11 Hoffman 4901 El Camino Real, Carlsbad Public Facilities School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A Potential Impacts on regional transportation system: None, facility is unmanned. Environmental Studies Noise: N/A Preliminary Soils/Geology: N/A Biological Resources: N/A Cultural Resources: N/A ft cingular WIRELESS Designated Officers B. Shaner R. DiChappari K. Quinn-Teusther 1. Dwyer D. Williams R. Quist W.A. Wirtz B.S. Granger M. Wagner P3. Lauro President and Chief Executive Officer Vice President and Chief Financial Officer Vice President-Business Operations Vice President-Customer Care Vice President-Network Technology Vice President, General Attorney and Secretary Assistant Secretary Assistant Secretary Treasurer Assistant Treasurer 4420 Rosewood Drive, Building 2, 4th Floor, Pleasanton, CA 94588 Cingular Wir.I.ss • 6170 Cornerstone Court • Suite 180 • San Diego, CA 92121 Cingular Wireless 4901 El Camino Real, Carlsbad, CA 92008 J I y' 01"t W41 Looking Southeast from site tee - - Looking tug Southwest from site SD203-1 1 7/16/2002 2 Cingular Wireless 4901 El Camino Real, Carlsbad, CA 92008 / , *K. :; - 4 : ' - Ads- VI 17 -. *, 4g_ • -;;;';- ) 4 - - 1* - --- ------------ : 4-#•' 4 S - e - kb: Looking North from site and view of existing Sprint pole antennas - - I r p LUOFJIIg Lasi II0H sIte dI! 'Ie\UI c\ISUIIg Ne:1et IIUIOpdIIIIR SD203-1 1 7/16/2002 si 4 8T, - : ; .- ... • I • Y I •• - 5? Monopole to be replaced by new monopaim. Looking North to site. Cingular Wireless 4901 El Camino Real, Carlsbad, CA 92008 SD203-1 1 7/16/2002 3 Cingular Wireless 4901 El Camino Real, Carlsbad, CA 92008 ) Nextel Site Sprint • ______ -' I Looking Southwest to site • • \•' AAWA I - - • 1 "- ' -1 / - A •'' v-Il o Looking Northwest to site SD203-1 1 7/16/2002 5 Cingular Wireless 4901 El Camino Real, Carlsbad, CA 92008 I r !t 4;" It 1 sp t H j It 44' / View of existing equipment area. New monopaim to replace existing pole and to be located inside fenced lease area. r i -- View of existing meter panel inside existing lease area SD203-1 1 7/16/2002 6 Cingular Wireless 4901 El Camino Real, Carlsbad, CA 92008 Looking East to Site and existing Nextel Monopairn I I r Looking South to site and view of existing Nextel Monopairn SD203-1 1 7/16/2002 4 verion wireless TAMARACK 4901 EL CAMINO REAL CARLSBAD, CA 92008 L 0 CAT I 0 N VIEW 1 [U PROPOSED MONDPALM PROPOSED ANTENNAS HIDDEN INSIDE POLE 1511, 1 4a 41V - EXISTING PROPOSED LOOKING SOUTHWEST FROM EL CAMINO REAL Atftg ENGINEERING ( 14;666-0700 ARTISTIC ENGINEERING WARRANTS THAT THIS PHOTO SIMULATION 15 AN ACCURATE REPRESENTATION OF THE SITE BASED UPON INFORMATION PROVIDED BY PROJECT APPLICANT. LOCATION EXISTING yen on wireless TAMARACK 4901 EL CAMINO REAL CARLSBAD, CA 92008 VIEW 2 PROPOSED - LOOKING SOUTHEAST FROM EL CAMINO REAL Afto ENGINEERING (714)646-0700 ARTISTIC ENGINEERING WARRANTS THAT THIS PHOTO SIMULATION IS AN ACCURATE REPRESENTATION OF THE SITE BASED UPON INFORMATION PROVIDED BY PROJECT APPLICANT. ,~n \ . . ;4 LdFISUdU U1111YUldl 01LUb S21 (D Oceanside 6le Rd "e, sii o 78 -' I3 SD378-01j 00111 / b 2980lJ)ad S14 W Bor • — - Dr Vista 4b742-0l1 'tWISD2O311 C LJ HjJ, • e 001 r .1 SD 629J "de Si 0 VP 0 78 SD 398-05 I -San MarcQs Farr. ________ —S12 fSD 185-06 _________ SD 377-04 Lake San Pacific SD436-1) Marcos Ocean Belle5D13&O1Ig\\ee Rd COSD24i — VVind obe S 9 li Cit -74 -,onsO4e - SD 184-0 . ia Melros % 'SD 33j Alga Rd - D369-02I Costa Ave 511 Levant e S21 Encinitas (tmi 1. ISr Borden - S14 San Marcos 0 I Harmony Grover ony ZF 7 4 oll- Copyright © 1988-2001 Microsoft Corp. arid/or its suppliers. All rights reserved http://www.rrcrosoft.corrVstreets • Copyright 2000 by Geographic Data Technology, Inc. All rights reserved. © 2000 Navigation Technologies. All rights reserved This data includes information taken with pemssion from Canadian authorities © Her Majesty the Queen in Right of Canada. • Copyright 2000 by Conusearch Micrormrketing Data and Systems Ltd. Cingular Wireless Sites in Carlsbad Site Number Address SD 088-01 1088 Laguna Drive SDI 84-05 720 Macadamia SD 185-06 5335 Paseo del Norte SD186-01 5620 Paseo del Norte SD 203-11 4901 El Camino Real SD224-13 5858 Edison Place SD 295-01 3557 Monroe Street - SD 298-01 3001 Carlsbad Blvd. SD 366-03 7100 Four Seasons Point SD 367-02 6964 B El Camino Real SD 369-02 7412 Cadencia Street SD 377-04 2875 Loker Avenue SD 378-01 2997 Glasgow Drive SD382-02 5805 Armada Drive SD 398-05 5814 Van Allen Way - SD 436-11 6111 El Camino Real SD 622-01 5545 Fermi Court - SD 742-01 959 Tamarack Avenue (Proposed) 41