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HomeMy WebLinkAboutCUP 16-07; CARLSBAD ELLERY RESERVOIR WCF; Conditional Use Permit (CUP)CZIO Ccity of LAND USE REVIEW Development Services Planning Division Carlsbad APPLICATION 1635 Faraday Avenue P-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Lealslative Permits (FOR DEPT. USE ONLY) O Coastal Development Permit 0 Minor 0 General Plan Amendment O Conditional Use Permit eAdLe 0 Local Coastal Program Amendment0Minor Extension /(0 --07 L:Day Care (Large)0 Master Plan 0 Amendment O Environmental Impact Assessment 0 Specific Plan 0 Amendment O Habitat Management Permit 0 Minor 0 Zone Change • O Hillside Development Permit 0 Minor ID Zone Code Amendment O Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits O Planned Development Permit 0 Minor 0 Review Permit 0 Residential 0 Non-Residential 0 Administrative 0 Minor 0 Major O Planning Commission Determination O Reasonable Accommodation Made Review Area Permits O Site Development Plan 0 Minor 0 Review Permit O Special Use Permit 0 Administrative Minor Major O Tentative Parcel Map (Minor Subdivision) O Tentative Tract Map (Major Subdivision) O Variance 0 Minor NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).:167-540-52-00 PROJECT NAME:Carlsbad Ellery Reservoir BRIEF DESCRIPTION OF PROJECT:Installation of a new 60' tall faux euc. tree with antenna array and associated equipment BRIEF LEGAL DESCRIPTION:Portion of Lot "J" of Rho Agua Hedionda LOCATION OF PROJECT:2237 Janis Way STREET ADDRESS ON THE:south SIDE OF Janis Way (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Bedford Circle AND Termination of Janis Way (NAME OF STREET)(NAME OF STREET) .vf. -47..vo-oeY) F DI OSW5 P-1 Page 1 of6 Revised 03/16 INIMINIMili ., ', ..0 CO OWNER NAME (Print):City of Carlsbad APPLICANT NAMEiho County of San Diego MAILING ADDRESS:1635 Faraday Avenue MAIUNG ADDRESSI4106. Overland Avenue, STE. 44101.4/0 CITY,STATE, ZIP.Carlsbad, CA 92008 CITY, STATE, ZIP:San Diego, CA 92123 TELEPHONE fl (70 4C4 -tiSg 6 TELEPHONE:858-694-3989 EMAIL ADDRESS:,..\eNie _i.„JapA €ccicv4101V EMAIL ADDRESS:thomas.hoerstman©sdcounty.ca.govqJ-- I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE 1 CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPUCANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HER N IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF APPLICATION.A. SiGNAR DAT /V:4414.0411/1"Vis/.‘ 1.-1 SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print):Larry Siliman MAIUNG ADDRESS:7515 Metropolitan Drive Suite 400 CITY, STATE, ZIP:San Diego, Ca 92108 TELEPHONE:619 241 2063 EMAIL ADDRESS:Isillman©sillmanwright.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPUCANT FOR PURPOSES OF THI PUCATION AND THAT ALL THE ABOVE INFORMATION IS E AND CORRECT TO THE BEST OF MY KN 7Ai '10 S NATO DATE IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIN ANY INTESSORS IN INTEREST. PROPE OWNER SIGNATURE FOR CITY USE ONLY RECEIVED JUL 2 8 2016 CITY OF CARLSBAD PLANNING_ DIVISION DA' h STAMP APPLICATION RECEIVED RECEIVED BY: 6114.(ALHAtiit; P-I Page 2 of 8 Revised 03/16 -77 Development ServicesCCityOfDISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, In this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.* Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE.LEGAL.names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or Partnership, include the names,titles,addresses of all individuals owning more than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corooration,include the names,titles,and addresses of the corporate officers.(A separate page may be a :ched if necessary.) Pers.t.4 Corp/Part County of San Diego Title 'V./0 Title Department of General Services Address 75IV meiropplikr.i4 A-.Address 5560 Overland Ave. Ste 410 foe.San Diego, CA 92123 2.OWNER (Not the owner's agent) Provide the COMPLETE.LEGAL names and addresses of au 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 corooration or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW.If a publicly-owned corporation.include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person .S\rkie._.\\OdsS Corp/Part City of Carlsbad Title 140.s.50-"A..4-Ar-atyvk-Title Water Department Address t405 Oak..iick&Address 1635 Faraday Avenue C-AckSioai1 CA 'A.W08 Carlsbad, CA 92008 P-1(A)Page 1 of 2 Revised 07/10 •e 0 0 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff,Boards,Commissions,Committees and/or Council within the past twelve (12) months? ElYes El 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. g \%14 .,l.e 7.2 8 •le. Signatu of owner/date .•.attire of ppli ntidate Steve Hodges SiVve.S l'mr -ii /'.1byri.ki Print or type name of owner Print or tipe name of applicant "ca0114‘444W"°-- Signature of owner/applicant's agent if applicable/date Thomas Alan Hoerstman Capital Projects Manager Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 0 PROJECT DESCRIPTION Development ServicesCity of Planning Division Carlsbad P-1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:Carlsbad Ellery Reservoir Regional Communications System Site APPLICANT NAME:County of San Diego Dept. of General Services Please describe fully the proposed project by application type.Include any details necessary to adequately explain the scope and/or operation of the proposed project.You may also include any background information and supporting statements regarding the reasons for,or appropriateness of, the application.Use an addendum sheet if necessary. Description/Explanation:• The San Diego County Sheriffs Department operates the Regional Communications System used by law enforcement, emergency and first responder agencies throughout the County including the Carlsbad Police and Fire Departments. One of the elements of this system is currently located on the Encinita Power Plant exhaust stack. With the impending decommissioning and demolition of the power plant facility the radio communications equipment must be removed from the stack and relocated. Based on technical constraints including line of sight location requirements between elements of the system and transmission capability to fixed and mobile receivers, the preferred site for the replacement is the high point adjacent to the Ellery Reservoir ground storage tank. The specific location is on the South side of the tank in the vicinity of other tower mounted cellular telephone antennae and related ground mounted equipment. The construction of the proposed installation will be similar in that the elevated transmission/receiving elements will be concealed in a 60' tali faux tree tower structure with ground mounted equipment which will be located within a new 12' x 24' shelter and recessed into an existing embankment which separates the water tank from neighboring residences. There will also be a generator located within a proposed 6' x 8' noise cancellation enclosed shelter. This proposed project has the support of the City of Carlsbad Police and Fire Department P-1(B)Page 1 of 1 Revised 07/10 Setback Findings • 1.There are special circumstances applicable to the property, including size, shape, topography, location or surroundings that do not apply generally to property in the vicinity and under identical zoning. Describe conditions which are special to this property in comparison to other properties under identical zoning in this vicinity.These special circumstances can relate to problems involving topography, legally imposed encumbrances such as easements and roads, unusual size and configuration ofthe property, and areas of inundation including watercourses, swamps and streams. Special circumstances do not include development designs which represent a self-imposed hardship. The property is zoned R-A-10,000 and is surrounded on three sides with residentially improved properties with the same zoning designation. The setbacks in this zone for habitable structures is: front yard -20', Side Yard —10%of lot width (10% of 265' =27'), Rear Yard —equal to twice the side yard (27' x 2 =54') These setback standards are set within the Zoning Ordinance and within this zone are used predominantly on properties in this area that are 100' to 150' in width and therefore the standard side yard setbacks in this area are 10' and 15' and the standard rear yard setbacks are 20' and 30'. The standard lot sizes in this area are approximately 12,000 sq. ft while the subject property is 62,726 sq. ft. Although the setback standard is designed to create setbacks that allow for privacy along property lines the subject property being developed with a large water tank and being such an oversized lot creates an exceptionally large setback there is an exception for Detached Accessory Structures. 21.08.060 Placement of buildings. g.Detached accessory structures which are not dwelling units and contain no habitable space, including, but not limited to, garages, workshops, tool sheds, decks over thirty inches above grade and freestanding patio covers shall comply with the following additional development standards when located within a lot's required setback areas: i.The maximum allowable building area per structure shall not exceed a building coverage of four hundred forty square feet, RECEIVED ii.The following setbacks shall apply: a front yard setback of twenty feet, a rear yard setback of five feet, a side yard setback of five feet and an alley setback of five feet, DEC 21 2016 iii.The maximum plumbing drain size shall be one and one-half inches in diameter so as to CITY OF CARLSBAD prohibit toilets, showers, bathtubs and other similar fixtures, PLANNING DIVISION iv. The additional development standards listed above (subsections (AX1XgXi) through (iii) ofthis section) shall apply to the entire subject accessory structure, not just the portion encroaching into a lot's setback area; and This section of the zoning ordinance allows for reduced setbacks as they pertain to Detached Accessory Structures. The main setback reduction for this site is the rear yard setback. For Detached Accessory Structures the rear yard setback is five feet. The setback 1101111111111111111111111111111111111111•111 0 for the proposed equipment shelter is twelve feet. The proposed setback for the faux tree and its nearest component to the property line, the microwave dish, is seven and a half feet. Additionally, the square footage of the equipment shelter is 240 sq. ft and the maximum size for a Detached Accessory Structure is 440 sq. ft. Even if the proposed project is not deemed a Detached Accessory Structure the intent of the reduction in setback should be applied to this site as the special circumstance of the size of the water tank and its footprint pertaining to lot coverage has created an inability for this proposed use to meet the standard setbacks for a primary structure. 2.That, because of those special circumstances, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Describe the privileges enjoyed by otherpropety in the vicinity under identical zoning that are being deprived by the strict application of the Zoning Ordinance. Do not include structures or activities that am operating without permits (illegally). Properties surrounding the subject property have the ability to place structures along their property lines with these reduced setbacks for Detached Accessory Structures without the need for a variance or use permit. 3.That granting the variance or its modification is subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Describe how the requested variance will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity. The granting of this reduction in setback is not a special privilege in that all of the surrounding properties have installed their primary uses to the setbacks of the underlying zone and the water tank whgich is the primary structure also meets the required setbacks of the underlying zonme. To conclude the proposed project is not a new primary structure and fits within the definition of Detached Accessory Structures is in keeping with the intent of the setbacks applied in the section listed above for Detached Accessory Structures. 4.That the variance will not authorize a use or activity which is not otherwise expressly authorized by the applicable use classification. Describe how the use or activity is expressly authorized by the applicable use classification. The authorization for the reduction in setback is considered by the Planning Commission during the public hearing for the use permit which is the authorization for the ability to install a wireless telecom facility in keeping with Policy 64. The use permit authorizes and considers recuction in setbacks as well as lot coverage issues and becomes a set of conditions placed on the proposed project consistent with the policy. 1111111111111111.11111 5.That granting the variance or its modification will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zone in which the property is located. Describe how the requested Variance will not be detrimental to the public health, safety or welfare or injurious to property in the vicinity. This description may include the assurance of adequate sight distance for traffic, adequate separation of the proposed project from other properties or structures, concurrences of other public agencies such as the Department of Environmental Health and adequate screening such as vegetation and topography. The granting of the reduction is setback and the authorization for this use of the property provides a necessary service in that it is the replacement of the emergency services wireless system being decommissioned in the City of Carlsbad and must be replaced. MN imam ilimenumem MCEIVErague CUP 16-07 oEC LUI° Carlsbad Radio Site Alternatives and Selection CITY OF CARL-v PLANNING [See map for corresponding sites locations (40] Emergency radio coverage for fire, police and medical services for the City of Carlsbad is currently provided by two distinct locations. The Lake San Marcos radio site (located about seven miles southeast of downtown Carlsbad) covers the majority of City's inland areas east of the Interstate 5, and the Encina Power Plant radio site (antennas located on the existing 400' stack) provides most of its radio coverage along the City's shoreline, downtown area and Interstate 5. The Encina Power plant radio site is located less than two miles from downtown Carlsbad with a clear 'line of sight' to downtown Carlsbad, thus providing excellent indoor coverage to the majority of the densely populated region. The anticipated loss of Encina Power plant radio site will result in unacceptable loss of radio coverage in the downtown area. Therefore, it is vital that the new radio site be located at the optimal location to safeguard this essential emergency radio coverage. All radio sites provided by the City including private property, City parks and water tank facilities were evaluated equally. The County and the City formed a working group to evaluate alternatives and coverage provided by each potential radio site. Representatives from the City Fire and Police Departments worked together with County engineers and reached a consensus on the site that provided the best coverage for their service area.After a thorough review and consideration of each potential site, the Ellery Reservoir site (#1), located on Janis Road (currently housing Crown Castle commercial cellular tower), was selected as the preferred site. The subject site provides the best overall coverage to the coastal area, downtown Carlsbad, Interstate 5 and will increase coverage along State Highway 78. Site Selection Process Given the topographical character of the City of Carlsbad, the selected radio site must meet three unique conditions. First, the new placement must be located at least 300' above sea level to cover the entire length of Interstate 5 within the City limits and to provide sufficient radio signal along the City's shoreline. Second, the placement must be located within a two to three mile radius from downtown Carlsbad to ensure public safety quality building signal penetration. Third, the placement must not be obstructed by any fabricated or natural obstacles that may attenuate the radio signal. County engineers evaluated all of the City's recommendations including Calavera Hills (#2), Maerkle Reservoir (#3), Carlsbad Safety Training Center (#4) and La Costa Hi Reservoir (#5), all which proved to be too distant from downtown Carlsbad and Interstate 5. “lw...0a0111111111111111 0•0 CUP 16-07 The remaining eligible radio sites were the Twin "D” Tanks (#6), the SDG&E property (#7) on Cannon Road, the Carlsbad Water Recycling Facility (#8) and the water tank location at Carlsbad Village (#9). The SDG&E property on Cannon Road and the Carlsbad Water Recycling Facility were too low in elevation to provide good indoor coverage in downtown Carlsbad. The Twin "D" Tanks are located on a higher site and provide good radio coverage along Interstate 5; however, it is too far from the target area to provide good indoor coverage in downtown Carlsbad. The water tank at Carlsbad Village provides good indoor coverage for downtown Carlsbad, good coverage along Interstate 5 and excellent coverage along the State 78 Highway zone. However, this site is too small to house the necessary tower, equipment shelter, and emergency generator. None of the radio sites mentioned above supplied by the City covered the downtown area with enough signal to ensure good indoor coverage. Alternative solutions were considered, including a theoretical 60' to 100' tower in the existing Encina Power Plant site but the site elevation would be too low to provide good indoor coverage in downtown Carlsbad. Conclusion: Because wireless coverage works on a line-of sight basis, the higher and closer a site location is to the service area, typically the better job it will do with coverage. The Ellery Water tank site on Janis Road has been determined to provide the greatest coverage to downtown Carlsbad, along Interstate 5, and along State Highway 78. The site is large enough to house the necessary infrastructure. The proposed tower will not block or reduce views of the ocean. The existing trees and water tank will obscure the view of the proposed faux eucalyptus tree, resulting in insignificant aesthetic impacts. Currently, the Ellery water tank site houses a 45' tall cellular carrier faux mono-palm tower. The County considered collocating on this structure but this tower is not tall enough to accommodate the five, 14' long omnidirectional public safety antennas and one microwave dish. The proposed 60' faux eucalyptus tree tower will visually blend with the nearby existing trees and along with the equipment shelter located behind the water tank will make the structure indiscernible from nearby residential vantage points. The new faux tower would not degrade the current visual character or quality of the site and its surroundings. This site has been selected to maximize radio coverage thus enhance safety and emergency response for the residents of Carlsbad and the hundreds of thousands of tourists that visit the City's downtown and beaches. It should be emphasized that public health, safety and welfare are key findings for a Conditional Use Permit. • . -.0 0 CUP 16-07 Alternative Location Selection within Site The proposed location within the Ellery Reservoir site resulted in collaboration efforts with the property owners, in this case the Carlsbad Water District. Richard Williams P.E., a utility manager for the Water District, suggested that the Water District would prefer the proposed location for the communications facility, due to infrastructure conflicts at the southeast segment of the site. Furthermore, the electrical and operations staff also weighed in and all have agreed that the proposed location is the most desirable from the District's standpoint. (See figure 1.0) /7\7 _ --7 ,),,....,,,\1/f,;,,00„L I 'i (\._L r- A. _____.•------- ---...\ loAsr p/.A /•,.;lokA,A ------ Xt7 /%.%'/./,x. k t 1..1.0'•,..Oz (//I,/',,\ t::;:';.,,.i.\,....4%;./.,//',...,..•••...i. L ..._ ), '44,;//,7.......%W_ Arpr..;;;;;;;.;;;;;;;;-•/;'--44 /4I Legend Proposed Siter_.Existing Infrastructure &—'N,Il''''— 1 av_..,``iv'/Bectrical Equipment \\\I '''s"-,...--Iir./---- s'''—‘\/ 1..- :::::\\ I I Insufficient Space/Easement Encroachment \\Existing Water Tank ...\...t____I \I ,1 4_1 \\;r f Existing Access Road \ -... Figure 1.0 ic.IC..•"1/4.77.:.- CUP 16-07 DEC 2 1 2016c:Ty -CITY OF CARLSBAD. C ---,--..\.\.,..!L.-:Vic.—• ,A1 ,• •y , ....- .•-...-•:..-.... ,..-•.••t't',•'.,;..-‘4.... „." • ,.0.., ._—.• 1 ,.,,,I—IWO.-I'ik,• .-t-:.1 •......... •,,., Site # 9 •••-•••arisbad Village •' • 1 . .:.,414.‘..'4'Reservoir r4 .,...,-.•,. .-Calavera Hills ' :111 ...,__.,,,„.,,e'• ....,* , -Ellery Reservoir. - „,Community Park 1„.•- :j,3.-.Selected site -.Glasgow Drive,Height -45' -. Site #01 Maerkle Reservoir 1 Site # 2 Height -100' ......,,,\0 . .„.„4.Site # 3.„ •,,..• ••,\ _ _ -,•• 4 ir Li,sa.0... ....SDG&E Property •'- • APN 211-010-310 - .... ... -z ,,,Carlsbad Safety - lir 1 ....,,, Cannon Road \-A Height -100' .,, ,It.Site # 7 . ,, 1 .-, -.a .'I..„.4- „,,1 —..... Training Center - . Orion Way •ip. Height -65'.1 -.••- 0.„•._. •,,-•i•••,.... . '\ ._ .,.. Z 4tif Site # 4 •.4('.-, V ': ,,,,-,,,,i • ..z.....1: ; ''';'. it at 7:4 .•6;.ii ,_,,,.. .". .•-• •.it ij . V**. ..,.2 ,'-•., ,.,..,,....'X:I.._...._:4.0.1,.. --,-...' \-:i .a -4 •...-'...s. m A •._5i - -'-• v...•,\°-.,Carlsbad Water .. .l''_-Recycling Facility .,,, -i -;'.,•,•.'‘,•:44 ••- ' •,1.*''•it Avenida Encinas .•.74i7I .1 P ' .::,",i -—-.Height -50'*,.•-_ _„.••--, .;.\,iv\v • ,41 ..'.2*.,,... !„-t..\Site # 8 . ' _ -- \'•,,°v`l +A I-" ir/7 •5 •Twin "D" Tanks Site ..•r„..I y4 ..... ti ' 0 ,Black Rail Road .t•••••- ,-,--, -.t.;• •.. \/4\ -N..Height -60'• \' "•,•,-.....,.. • ,,•:"-,,,ReservoirSite # 6 La Costa Hi Rese- N -•i.iii Corintia Street "r-e4;S... E .Height -40'c ,tor ..J. ,,,,,,„,„„1 \Site # 5 W___.........._\./\.e111... S _.,. '' k4 -r,.*'*\-•-'• \'':171 • . ••,,•t I - ,- ,-•\-,1.•-vc•. 1. .. LEGEND 'A . IN t 4,/e. •.;—''t . 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P •,...oiiiilit.• ''I .--11r11W — VP.' i M ! I \ 1 . .... -n ..?.0 m•,r-- rI.m >r-- .. i 53 7.)m i ..... • i5 'H 4•, a_111111Mt r-- -1 1 1.0111 ,7"1„._ -..........„• _._...-.H _:'•-•••••r \.)5 >., ,. . ,0 c)--- ,CD >Z imilionimummi ii r.0 CUP 16-07 SOLAR COMMUNICATIONS RECEIVED INTERNATIONAL September 6, 2016 DEC 21 2016 CITY OF CARLSBAD Subject: SCI patented MonoEucalyptus PLANNING DIVISION To whom it may concern: The SCI patented MonoEucalyptus bark is made of a material called QB300, which is a multipurpose synthetic rubber and tackifying resin material.This material is extremely easy to apply and sculp. It is also strong, durable and weather resistant. This material has proven to extremely well in the field.The material is applied on wet with strips of nylon canvas on to the steel pole to achieve the peeling bark appearance.The material is then painted with regular acrylic water based paints colors as follows; The manufacturer of the paint is Rodda and colors are Greyswood 8470 for the base, Sails Cloth 8458, Raw Umber SAO3FS5002 and Rust SA04F6749 for the darker streaks. The MonoEucalyptus branches are made of 2" schedule 80 PVC piping and 84"schedule 40 PVC which is then covered with the QB300 to provide a continuous sculpted bark finish. The branches are then painted with acrylic water based paint. The colors that are used on the branches are Rodda paint colors Greyswood and Sails Cloth. The MonoEucalyptus foliage is made of a PVC molded material with various colors of green ranging from olive green to forest green. The foliage is also lightly sprayed with Behr Brand medium forest green custom color blend (comparable to Sherwin-Williams Cast iron SW6202) acrylic paint to achieve a more natural appearance. Our MonoEucalyptus tree is designed with 3.0 to 3.1 branches per foot for dense coverage. Average number of branches for a 65'tall structure would be approximately 135 branches. The diameter of the branches at the antenna center line is 24'to 26'. Sincerely, 0Stee Holborn ' erector of Business Development 41146 Elm Street, Suite F • Murrieta, CA 92562 • Office: 951.698-5985 WWW.RFTRANSPARENT.COM • • 1 e".1 CARRIER NONDELICALIPT US US PATENTS '7616170 *KISS% •-41/.Y Wireless Infrastructure Concealment Systems al4 6 19.2 4 3.2 7 50 ,. v.wo..RFliansparent.tom SOLAR COMMUNICATIONS INTERNATIONAL UP 16-07 1 Sink County of San Diego: Rancho San Diego Point Image Source: SCI CUP 16-07 •, awe44 .i v-k VT..1,--1 '''',li ._4 ' ;......-,,... *' ,.. / I IN;j I . / i 4 ./le / 4 ,' l — \4 1 r I %) At /\I 1 IV i 1 ,1 N..• 1.i.in .,t ..•:.... 0 ) .....- ws .,,...•." 74....._a gl ' .4L SOP sgtr•r 1 _ E---- T R •. .,__ .., County of San Diego: Downtown San Diego -Seaport Village Area Image Source: SCI CUP 16-07 •st ir"A-. 21.-.304.4f tat.n 't wis-iy. 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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 County of San Diego Dept. of General Services Carlsbad Municipal Water District Name.Name: Address:5560 Overland Ave. Ste.410 Address:5950 El Camino Real San Diego, CA 92123 Carlsbad, CA 92008 Phone Number (858) 6944989 Phone Number (760) 4434356 Address of Site:2237 Janis Way,Carlsbad, CA 92008 Local Agency (City and County):County of San Diego Dept. of Environmental Health Assessor's book, page, and parcel number:167-540-52-00 Specify list(s): Regulatory Identification Number. Date of List: Applicant Signature/Date Prope The Hazardous Waste and Substances Sites List (Cortese List)Is used by the State,local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C)Page 1 on ReWsed 02/13 I MaiSI 0 0 4 Per the California Environmental Protection Agency's website,'While Government Code Section 65962.5 [referred to as the Cortese List]makes reference to the preparation of a list,' many changes have occurred related to web-based information access since [the amended statute's effective date in]1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese list"are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute? Below is a list of agencies that maintain Information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.caleoa.ca.00v/sitecleanuo/CorteseList/defaulthtm www.caleoa.ca.aovidatabaselcalsites www.envirostor.dtsc.ce.00v/oubNc EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board htto://aeotacker.waterboards.ca.aov/ County of San Diego Department of Environmental Health Services www.co.san-dleoo.ca.us/deh Hazardous Materials Division www.sdcountv.ca.00vkleh/hazmat/hazmat Demiitthtml Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.eos.aov/suoerfund/sites/cursItes (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.eotoov/sucerfund/sites/nol/nol.htm P-1(C)Page 2 of 2 Revised 02/13 sunisto 0 0 EIA INFORMATION City of FORM Development Services Planning Division Carlsbad P-1(D)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative Declaration,Negative Declaration or Exemption)will be required to be prepared for your application,per the California Environmental Quality Act (CEQA)and Title 19 of Carlsbad's Municipal Code.The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. My environmental studies (i.e.,biological,cultural resource,traffic,noise)that are necessary to substantiate a "no impact"or "yes impact"determination should be submitted as an attachment to this Environmental information Form.This is especially important when a Negative Declaration is being sought.The more information provided in this form,the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form —Initial Study. P-1(D)Page 1 of 4 Revised 07/10 0 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:1 `at I L (p (To be completed by City) Application Number(s):CUP I Le" General Information 1.Name of project:Carlsbad Ellery Reservoir RCS Site 2.Name of developer or project sponsor:County of San Diego Dept. of General Services Address:5560 Overland Avenue, Suite 410 City, State, Zip Code:San Diego. CA 92123 Phone Number:(858) 694-3989 Thomas.Hoerstman@sdcountv.ca.dov. 3.Name of person to be contacted concerning this project:Thomas Hoerstman Address:County of San Diego Dept. of General Services, 5560 Overland Ave.. Ste 410 City, State, Zip Code:San Diego, CA 92123 Phone Number:(858) 694-3989 Thomas.Hoerstman@sdcounty.ca.gov. 4.Address of Project:2237 Janis Way, Carlsbad, CA 92008 Assessor's Parcel Number 167-540-52-00 5.List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Conditional Use Permit 6.Existing General Plan Land Use Designation:Residential low-medium (RLM) 7.Existing zoning district:R-A 10,000 & Local facilities management Zone I 8.Existing land use(s):City of Carlsbad Water Tank and cellular towers 9.Proposed use of site (Project for which this form is filed):The site is the location of a ground storage water tank and cellular tower. The protect is to construct a radio communications tower and associated equipment shelter for the Sheriff's Department and the Carlsbad Fire Department. Project Description 10.Site size:1.44 acres (62,726 square feet) 11.Proposed Building square footage: Pm-engineered equipment of 288sf. + generator enclosure 12:Number of floors of construction:1 13.Amount of off-street parking provided:1 spaces 14.Associated projects:None P.1(D)Page 2 of 4 Revised 07/10 0 0 15.If residential, include the number of units and schedule of unit sizes:Not Applicable 16.If commercial, indicate the type, Whether neighborhood, city or regionally oriented, square footage of sales area. and loading facilities: Not Applicable 17.If industrial, indicate type, estimated employment per shift, and loading facilities: None -Not Applicable 18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: None -Not Applicable 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: As per Policy 64 and the City of Carlsbad Municipal Code a Conditional Use Permit is required in order to review visual and acoustical impacts as well as conformance to life safety criteria enforced and regulated by the City of Carlsbad. P-1(D)Page 3 of 4 Revised 07/10 0 CI) Are the following items applicable to the project or its effects?Discuss all items checked yes (attach additional sheets as necessary). Yes No 20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial 12 ] alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or IK1 roads. 22.Change in pattern, scale or character of general area of project. a 23.Significant amounts of solid waste or litter. 1E1 24.Change in dust, ash, smoke, fumes or odors in vicinity. El 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity. al 27.Site on filled land or on slope of 10 percent or more. IX ] 28.Use of disposal of potentially hazardous materials,such as toxic substances, X flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas. etc.). 110 31.Relationship to a larger project or series of projects. al Environmental Setting Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, including information on topography, soil stability. plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted. 33.Describe the surrounding properties,including information on plants and animals and any cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date:Signature: For:Capital Projects Manager San Diego County Dept. of General Services P-1(D)Page 4 of 4 Revised 07/10 Environmental Setting 32. Describe the project site as it exists before the project, including information topography, soil stability, plants and animals and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structure. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. The subject site houses the Ellery Reservoir storage tank, an existing Crown Castle commercial cellular tower/service equipment and it is surrounded by an asphalt access road. The perimeter of the site consist of a vegetated embankment surrounding the site, providing a visual barrier between the storage tank site and the surrounding residence. The topography is relatively flat with stable soil and existing eucalyptus trees. The site is not a habitat for wildlife,as the site is secure with chai-link fence surrounding the property. The intended land use falls directly within the existing framework —radio communications tower/equipment. There are no known cultural, historical or scenic aspect present within context of the subject site.(See attached images for reference) , ‘. -" .otTir fh --I%-•-4c-.+`-••-0,:t4,ts .••- „,-4••••;; t 1 . • •1 . I • • ;OIL-- s'- • As.v.. .1(, • • _•.- • ,. ..• • • ..•-i AI, • . . 4.+Ea I ..1-.,r. .ci i -_-_„4hF.::}ity....r...- _ --...:...;:,..' ,..s- .... .,.. ...t ......- ..allt -____._--.i .1"i V 4 •.V =-.iv.- I ci....14...-.......-t•i cl.Ii i „.... s .i 1......•--1.-:•t"...'r '•s--1'--t.,---^^-1C.' 111' ;,:cdelarn• )„1.40 -.7.-54.1 .t.''-':••-" •.-..;•".:'•'...A•57"-.1 • ';$.34tl.27'. - 2'.. •.• -•.tr , '....r: t.i t^. ••'.,,..' ..-. i .1.fl - t....1 -...•...•a Itlik ...••..•-- .,. i . rols.• ' .4:I ...•*.,.•..,lit AC . .., .1Y.aIt... •• • LI. - ;• _,.f ,,.. -,:it•X • 1 •la.1 .•. •I..-—' .•."••,,-• 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity Snapshots or Polaroid photos will be accepted. The subject site is surrounded by single family residential properties. The topography is relatively flat with stable soil and existing eucalyptus trees. The heavy residential presence deters any and all wildlife surrounding the site. There are no known cultural, historical or scenic aspect present within context of the surrounding site.(See attached images for reference) r ati(II A •41414:,ewre,. _ „v. 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II -„;001111r- a• -.1_---- .2--- .. %roe 'solo CUP 16-07 Appendix D Prescriptive Compliance Option This appendix contains prescriptive requirements which may be used as a compliance option to the Water Efficient Landscape Ordinance and this Landscape Manual for projects of less than 2,500 square feet.Compliance with the following items is mandatory and must be documented on a landscape plan in order to use this option. Project Applicant: County of San Diego Dept. of General Services Date:10/27/16 Project Address:Janis Way. Carlsbad. CA Assessor's Parcel Number:167-540-52-00 Total Landscape Area:937 TurfArea:N/A Plant Area:937 Project Type:Non-residential Water Supply Type:Domestic Project Contact Name and Number:Thomas Hoerstman -(858) 694-3989 "I. agree to corn ly with the re uirements of the prescriptive compliance option to the City of Carlsbad Landscape Manual" Signe .Date:10/27/160/44$iNFAigrovidlisJ YES N/A REQUIREMENTS X A. Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contraindicated by a soil test) B. Plant material shall comply with all of the following: 1.For residential areas, install climate adapted plants that require occasional, little or no summer X water (average WUCOLS plant factor 0.3) for 75%of the plant area excluding edibles and areas using recycled water. 2.For non-residential areas, install climate adapted plants that require occasional, little or no summer X water (average WUCOLS plant factor 0.3) for 100%ofthe plant area excluding edibles and areas using recycled water. 3.A minimum three inch (3") layer ofmulch shall be applied on all exposed soil surfaces of planting X areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. C.Turfshall comply with all of the following: X 1.Turf shall not exceed 25%ofthe landscape area in residential areas, and there shall be no turf in non-residential areas. X 2.Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length. 3.Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking X strip and used to enter and exit vehicles. Any turf in pathways must be irrigated by subsurface irrigation or by other technology that creates no overspray or runoff. D. Irrigation systems shall comply with the following: X 1.Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor. X 2.Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. X 3. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. X 4.Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. 5.All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC X 802-2014. "Landscape Irrigation Sprinkler and Emitter Standard," All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. X 6.Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. X E. For non-residential projects with landscape areas of 1,000 sq. ft. or more,a private submeter(s) to measure landscape water use shall be installed. At the time of final inspection, the permit applicant must provide the owner of the property with a X certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. Appendix D City of CarlsbX I Landscape Manual STANDARD PROJECT v.City of REQUIREMENT Development Services Land Development Engineering Carlsbad CHECKLIST 1635 Faraday Avenue (760) 602-2750E-36 www.carlsbadca.gov Project Information Project Name:2237 Janis Way, Carlsbad, CA 92008 Project ID: Carlsbad Ellery Reservoir RCS Site DWG No. or Building Permit No.: Source Control BMPs All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible.See Chapter 4 and Appendix E.1 of the BMP Design Manual for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. •"Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual.Discussion/justification is not required. •"No"means the BMP is applicable to the project but it is not feasible to implement.Discussion/justification must be provided.Please add attachments if more space is needed. •"N/A"means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g.,the project has no outdoor materials storage areas).Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 0 Yes El No 0 N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage 0 Yes 0 No 0 N/A Discussion/justification if SC-2 not implemented: This project does not propose new storm drain systems.No existing storm drain system is located within the project perimeter. SC-3 Protect Outdoor Materials Storage Areas from Rainfall,Run-On,Runoff,and Wind 0 Yes 0 No ®N/ADispersal Discussion/justification if SC-3 not implemented: This project does not propose new outdoor material storage areas. E-36 Page 1 of 4 Revised 03/16 Source Control Requirement (continued)Applied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall,Run-On,Runoff,and Yes No 0 N/AWind Dispersal Discussion/justification if SC-4 not implemented: No materials will be stored in outdoor work areas. SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal Yes No 0 N/A Discussion/justification if SC-5 not implemented: No trash storage areas are proposed for this project. SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for guidance). o On-site storm drain inlets Yes No 0 N/A Interior floor drains and elevator shaft sump pumps Yes No 0 N/A Interior parking garages Yes No 0 N/A Need for future indoor & structural pest control Yes No 0 N/A Landscape/Outdoor Pesticide Use Yes No 0 N/A Pools,spas, ponds, decorative fountains, and other water features Yes No 0 N/A Food service Yes No 0 N/A Refuse areas Yes No 0 N/A Industrial processes Yes No 0 N/A Outdoor storage of equipment or materials Yes No 0 N/A Vehicle and Equipment Cleaning Yes No 0 N/A Vehicle/Equipment Repair and Maintenance Yes No 0 N/A O Fuel Spill Areas 0 Yes No N/A Loading Docks Yes No 0 N/A Fire Sprinkler Test Water Yes No 0 N/A Miscellaneous Drain or Wash Water Yes No 0 N/A O Plazas, sidewalks, and parking lots 0 Yes No N/A For "Yes" answers, identify the additional BMP per Appendix E.1.Provide justification for "No" answers. The proposed parking space shall be swept regularly to prevent the accumulation of litter and debris. The proposed emergency generator will be using disel fuel.The owner shall dry sweep around the emergency generator routinely. E-36 Page 2 of 4 Revised 03/16 Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible.See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement.Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Source Control Requirement Applied? SD-1 Maintain Natural Drainage Pathways and Hydrologic Features Yes No 11 N/A Discussion/justification if SD-1 not implemented: No natural drainage pathways and hydrologic features exists within the project perimeter. SD-2 Conserve Natural Areas, Soils, and Vegetation Yes No N/A Discussion/justification if SD-2 not implemented: A 60' Faux Monoeucalyptus will be constructed within the 1,450 sf project site.The project also proposes the construction of a prefabricated shelter and an enclosed emergency generator that will both be constructed on concrete pads.In addition a 15' x 30' asphalt paved service parking stall will be constructed. The project also includes the construction of a CMU retaining wall. No natural areas will be conserved. SD-3 Minimize Impervious Area Yes No N/A Discussion/justification if SD-3 not implemented: The project's footprint is only 1,450 sf and consists of the placement of two fabricated buildings,a parking stall and a 60' Faux Monoeucalyptus. The project's small footprint does not allow for the implementation of landscape areas. SD-4 Minimize Soil Compaction Yes No Ga N/A _ Discussion/justification if SD-4 not implemented: Since the project consists of 100 percent impervious surfaces soil compaction could not be minimized. SD-5 Impervious Area Dispersion Yes No N/A Discussion/justification if SD-5 not implemented: The small project's small footprint does not allow for impervious dispersion. E-36 Page 3 of 4 Revised 03/16 Source Control Requirement (continued)Applied? SD-6 Runoff Collection Yes No 0 N/A Discussion/justification if SD-6 not implemented: The project does not propose the construction of a new storm drain system. No existing storm drain system exists within the project perimeter.Runoff will continue to sheet flow towards Janis Way. SD-7 Landscaping with Native or Drought Tolerant Species Yes No 0 N/A Discussion/justification if SD-7 not implemented: The project does not include landscaping. SD-8 Harvesting and Using Precipitation Yes No 0 N/A _ Discussion/justification if SD-8 not implemented: The project does not propose harvest and use facilities. E-36 Page 4 of 4 Revised 03/16 1111NORTH 3.90 Bristol Street, Suite 190 Costa Mesa, California 92626AMERICANOffice Phone:(949)419-9481TITLEOffice Fax: (714)667-0338 COMPANY Email:randydeanteam@nat.com Like Clockwork* County of San Diego Your Ref:Release No.17 5560 Overland Ave., 4th Floor, Suite 410 Our Order No.:1380675 San Diego, CA 92123 Property Address: No Address Carlsbad, CA Attention:Angela Jackson Preliminary Report Dated as of August 19, 2015 at 7:30 A.M. In response to the above referenced application for a Policy of Title Insurance, North American Title Insurance Company Hereby reports that it is prepared to issue, or cause to be issued,as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or Policies are set forth in Exhibit A attached. The Policy to be issued may contain an Arbitration Clause.When the amount of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties.Limitations on covered risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a deductible amount and a maximum dollar limit of liability for certain coverages are also set forth in Exhibit A.Copies of the Policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. 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 oftitle insurance, a Binder or Commitment should be requested. The form ofPolicy of title insurance contemplated by this report is:ALTA Standard Owner Policy Please note that the America's First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy)can only be issued on transactions involving individuals as purchasers and residential 1-4 properties.Any indication that the America's First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. Randy Dean, Title Officer Page 1 Rev.NAT 8/20/13 Order No. 92070-1380675-15 NNW'Naol SCHEDULE A 1.The estate or interest in the land hereinafter described or referred to covered by this report is: Fee simple. 2.Title to said estate or interest at the date hereof is vested in: THE CITY OF CARLSBAD 3.The Land referred to in this report is situated in the unincorporated area of the County of San Diego, State of California, described as follows: See attached Legal Description Page 2 Rev. NAT 8/24/15 Order No. 92070-1380675-15 LEGAL DESCRIPTION Real property in the unincorporated area of the County of San Diego, State of California, described as follows: ALL OF THAT PORTION OF LOT "3" OF RANCHO AGUA, HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 17 OF OCEAN VIEW ESTATES AS SHOWN ON MAP THEREOF NO. 5825, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25,1967; THENCE NORTH 58° 59' 34" EAST, A DISTANCE OF 242.89 FEET TO THE TRUE POINT OF BEGINNING OF THE PORTION TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 23° 20' 06" EAST, A DISTANCE OF 200.00 FEET; THENCE SOUTH 65° 20' 06" EAST A DISTANCE OF 103.00 FEET; THENCE NORTH 66° 39' 54"EAST, A DISTANCE OF 115.00 FEET; THENCE NORTH 33° 41' 38" EAST, A DISTANCE OF 62.67 FEET; THENCE NORTH 10° 32' 29" WEST, A DISTANCE OF 139.44 FEET; 'THENCE NORTH 69° 20' 06" WEST, A DISTANCE OF 180.00 FEET; THENCE SOUTH 58° 59' 34" WEST, A DISTANCE OF 139.14 FEET TO THE TRUE POINT OF BEGINNING. NOTE: SAID LAND IS NOW SHOWN ON PARCEL MAP NO. 878 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 3, 1972. APN:167-540-52-00 NEW DESCRIPTION SHOULD BE: Parcel 1 of Parcel Map 878. Page 3 Rev.NAT 8/24/15 Order No. 92070-1380675-15 1%10.SCHEDULE B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: 1.General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2.General and special taxes and assessments for the fiscal year 2014-2015 are exempt. 3.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4.Water rights, claims or title to water, whether or not shown by the public records. NA 5.The effect of a map purporting to show the land and other property, filed Map No. 6426 of Record of Surveys. 6.An easement for excavation and embankment slopes required for the present and ultimateNAconstruction and maintenance of the public highway and incidental purposes, recorded March 28, 1968 as Instrument/File No. 51138 of Official Records. In Favor of:County of San Diego Affects:More fully described in said document PLOTS 7.Fact said land is shown on Parcel Map No. 878 filed in the office of the County recorder of San GRANT Diego County on July 3, 1972. DEED 8.An easement for the transmission and distribution of electricity for all purposes for which it may be used, underground facilities and incidental purposes, recorded July 28, 1972 as PLOTTED Instrument/File No. 197630 of Official Records. (kPPROX.)In Favor of:San Diego Gas and Electric Company Affects:More fully described in said document PLOTTED9.Resolution No, 8688 by a Resolution of the City Council of the City of Carlsbad, California, reserving a portion of the City owned Ellery Reservoir Property for public road and utilityCORNER AT purposes, was recorded July 24, 1986 as File No. 86-308824, Official Records. CUL-DE-SAC 10.An easement for underground electrical system and incidental purposes, recorded June 25, 1987 PLOTTED as Instrument No. 87 355506 of Official Records. (APPROX)In Favor of:San Diego Gas & Electric Company,a corporation Affects:As described therein 11.The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded August 18, 1997 as Instrument No. 1997-0395869 of Official Records. 12.We find no open deeds of trust. Escrow please confirm before closing. 13.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 14.Any rights, interests, or claims of parties in possession of the land not shown by the public records. Page 4 Rev. NAT 8/24/15 Order No. 92070-1380675-15 ********* END OF REPORT **********Not" Page 5 Rev.NAT 8/24/15 Order No. 92070-1380675-15 S6.0 *****NOTES ***** 1.Notice of change in ownership recording procedure Effective July 1,1985 pursuant to state law as amended January 1,2011 (Section 480.3 of the Revenue and Taxation Code), all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a non- exclusive list of documents that are affected by this change, are available from the County Recorder's Office or the Office of the County Assessor. 2.GOOD FUNDS LAW Under Section 12413.1 of the California Insurance Code, North American Title Company, Inc. may only make funds available for disbursement in accordance with the following rules: Same day availability.Disbursement on the date of deposit is allowed only when funds are deposited to North American Title Company, Inc. by Cash or Electronic Transfer (Wire).Cash will be accepted only under special circumstances and upon approval by management. Next business day availability.If funds are deposited to North American Title Company, Inc. by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit.A "teller's check"is one drawn by an insured financial institution against another insured financial institution (e.g.,a savings and loan funding with a check drawn against a FDIC insured bank). Second business day availability.If the deposit is made by checks other than those described in paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC.In most cases, these checks will be available on the second business day following deposit.(For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC). These are the minimum periods before funds will be made available.North American Title Company, Inc.is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds. North American Title Company will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. Page 6 Rev. NAT 8/24/15 Order No. 92070-1380675-15 For Your Information. Our Wire Instructions Are: Wire To:Credit the Account of: Comerica Bank North American Title Company, Inc. 2321 Rosecrans Ave, Ste 5000 Bank Account No.:1893920700 ABA No.:121137522 El Segundo, CA 90245 Escrow No. 92070-1380675-15 North American Title Company, Inc., will not accept funds in the form of ACH transfer ACH =Automatic Clearing House Be sure to reference our order number 92070-1380675-15. Should this office be required to wire funds out at close of escrow, please be informed that wiring instructions should be received as soon as possible, but no later than the following times. Wires outside the State of California: 11:00 A.M. ON DATE OF WIRE Effective January 1, 1991 A service charge of $25.00 will be assessed for all funds disbursed by this Company by wire. 3.North American Title Company, Inc.'s charges for recording the transaction documents include charges for services performed by North American Title Company, Inc., in addition to an estimate of payments to be made to governmental agencies. 4.Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.If you desire to review the terms of the policy, including any arbitration clause that may be induded, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 5.The map attached,if any, may or may not be a survey of the land depicted hereon.North American Title Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Page 7 Rev. NAT 8/24/15 Order No. 92070-1380675-15 NORTH AMERICAN TITLE COMPANY 3090 Bristol Street, Suite 190, Costa Mesa,CA 92614 (800)464-6282 Fax:(714)667-0338 Email:randydeanteam@nat.com Closing Protection Letters can be ordered directly by emailing cacpl@nat.com with your title order number and property address. Attention: Your Ref: Our Order No.: 92070-1380675-15 LENDERS SUPPLEMENTAL REPORT Dated as of August 19, 2015 AT 7:30 A.M. Title Officer: Randy Dean The above numbered report (including any supplements or amendments thereto)is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance: Our ALTA Loan Policy, when issued, will contain Endorsement Nos.100 and 116. There is located on said land a Public use Known as:No Address Unincorporated Area of Carlsbad County of San Diego State of California. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None Page 8 Rev. NAT 8/24/15 Order No. 920704380675-15 Rev. 03/2014 FACTS WHAT DOES NORTH AMERICAN TITLE GROUP, INC. FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Why?Financial companies choose how they share your personal information.Federal law gives consumers the right to limit some, but not all, sharing.Federal law also requires us to tell you how we collect, share, and protect your personal information.Please read this notice carefully to understand what we do. What?The types of personal information we collect and share depend on the product or service you have with us.This information can include: •Social Security number and income•transaction history and payment history•purchase history and account balances When you are no longer our customer, we continue to share your information as described in this notice. How?All financial companies need to share customers' personal information to run their everyday business.In the section below, we list the reasons financial companies can share their customers' personal information; the reasons North American Title Group, Inc. Family of Companies ("NATG") choose to share; and whether you can limit this sharing. Reasons we can share your personal information Does NATG share?Can you limit this sharing? For our everyday business purposes—Yes No such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes—Yes No to offer our products and services to you For joint marketing with other financial No We don't share companies For our affiliates' everyday business purposes—Yes No information about your transactions and experiences For our affiliates' everyday business purposes—No We don't share information about your creditworthiness For our affiliates to market to you No We don't share For nonaffiliates to market to you No We don't share Questions?Call 1 (888) 444-7766, extension 6585 Page 9 Rev.NAT 8/24/15 Order No. 92070-1380675-15 Page Who we are Who is providing this notice?The North American Title Group, Inc. Family of Companies (identified below), such as home owners insurance and home mortgage companies. What we do How does NATG protect my To protect your personal information from unauthorized access and use, we use security personal information?measures that comply with federal law.These measures include computer safeguards and secured files and buildings. How does NATG collect my We collect your personal information, for example, when you personal information?•apply for financing or provide employment information •provide account information or show your government issued ID •give us your contact information We also collect your personal information from others, such as credit bureaus, affiliates or other companies. Why can't I limit all sharing?Federal law gives you the right to limit only •sharing for affiliates' everyday business purposes—information about your creditworthiness •affiliates from using your information to market to you •sharing for nonaffiliates to market to you Definitions Affiliates Companies related by common ownership or control.They can be financial and nonfinancial companies. •Our affiliates indude the companies listed below. Nonaffiliates Companies not related by common ownership or control.They can be financial and nonfinancial companies.•Nonaffiliates we share with can indude collection agencies,ITservice providers, companies that pert-0m marketing services on our or their own behaX consumer reporting agencies, and others. •NATG does not share with nonaffiliates so they can market to you. 3oint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.•NATG doesntjointly market. Our Affiliates.The North American Title Group, Inc. Family of Companies is: North American Title Company North American Abstract Agency North American Title Insurance Company NASSA, LLC North American Title Alliance,LLC North American Title,LLC North American Title Florida Alliance,LLC North American Advantage Insurance Services,LLC North American Services,LLC North American National Title Solutions,LLC North American Title Agency North American Exchange Company Page 10 Rev.NAT 8/24/15 Order No. 92070-1380675-15 „op.. '-I CLTA Preliminary Report Form -Exhibit A (06-05-14) CLTA STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, 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 (i) the occupancy, use, or enjoyment ofthe land;(ii)the character, dimensions or locationofany improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area ofthe land or any parcel ofwhich the land is or was a part; or (iv) environmental protection, or the effect ofany violation of these laws, ordinances or governmental regulations, except to the extent that a notice ofthe enforcement thereof or a notice ofa defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. (b)Any governmental police power not excluded by (a) above, except to the extent that a notice ofthe exercise thereof or notice ofa defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. 2.Rights ofeminent domain unless notice ofthe exercise thereof has been recorded in the public records at Date ofPolicy, but not excluding from coverage any taking which has occurred prior to Date ofPolicy which would be binding on the rightsofapurchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims or other matters: (a)whether or not recorded in the public records at Date ofPolicy, 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 ofPolicy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date ofPolicy; or (e)resulting in loss or damage which would not have been sustained ifthe insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability ofthe lienofthe insured mortgage because ofthe inability or failure ofthe insured at Date ofPolicy, or the inability or failure ofany subsequent owner ofthe indebtedness, to comply with the applicable doing business laws ofthe state in which the land is situated. 5.Invalidity or unenforceability of the lien ofthe 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 ofthe transaction vesting in the insured the estate ofinterest insured by this policy or the transaction creating the interestofthe insured lender, by reason ofthe operation offederal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I 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 ofany 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 ofsuch proceedings, whether or not shown by the records ofsuch agency or by the public records. 2.Any facts, tights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection ofthe land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof; 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. 5.(a)Unpatented mining claims;(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof,(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or tight to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(12-02-13) 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 ofthose portions ofany law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; andfenvironmental protection. This Exclusion does not limit the coverage describedinCovered Risk 8.a., 14, 15,16, 18,19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it.This Exclusion does notlimit the coverage described in Covered Risk 17. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c.that result in no loss to You; or d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack ofa right: a.to any land outside the area specifically described and referred to in paragraph 3ofSchedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk II or 21. 7.The transfer ofthe Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: I For Covered Risk 16,18,19, and 21 Your Deductible Amount and Our Maximum Dollar LimitofLiability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1%ofPolicy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less) Covered Risk 18:1%ofPolicy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 19:1%ofPolicy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 21:1%ofPolicy Amount Shown in Schedule A or $2,500 $5,000 (whichever is less) Page 11 Rev. NAT 8/24/15 Order No. 92070-1380675-15 %Awl • 2006 ALTA LOAN POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of I.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivision ofland; or (iv)environmental protection; or the effect ofany violation ofthese laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify orlimit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights ofeminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date ofPolicy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 11,13,or 14); or (e)resulting in loss or damage that would not have been sustainedifthe Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability ofthe lienofthe Insured Mortgage because ofthe inability or failure ofan Insured to comply with applicable doing-business laws ofthe state where the Land is situated. 5.Invalidity or unenforceability in whole or in part ofthe lien of the Insured Mortgage that arises out ofthe transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason ofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)apreferential transfer for any reason not stated in Covered Risk 13(b)ofthis policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date ofrecording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limitthe coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage ina Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part II,Kor T]this policy does not insure against loss or damage, and the Companywill not pay costs, attorneys' fees or expenses, that arise by reason of WART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I.(a) Taxes or assessments that are not shown as existing liens by the records ofany taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that nary result in taxes or assessments, or notices ofsuch proceedings, whether or not shown by the records ofsuch agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection ofthe Land or that may be asserted by persons in possessionofthe Land. 3.F.nwments, liens or encumbrances, or claims thereof not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. ] PART II In addition to the matters set forth in Part I ofthis Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien ofthe Insured Mortgage:] 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy, and the Companywill not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivisionofland; or (iv)environmental protection; or the effect ofany violationofthese laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights ofeminent domain.This Exclusion does not modify or limitthe coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date ofPolicy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Title. 4.Any claim, by reason ofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a)a fraudulent conveyance or fraudulent transfer; or (b)a preferential transfer for any reason not stated in Covered Risk 9 ofthis policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date ofrecording ofthe deed or other instrument oftransfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: Page 12 Rev.NAT 8/24/15 Order No. 92070-1380675-15 40/00.EXCEPTIONS FROM COVERAGE [This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses,that arise by mason of The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1.(a) Taxes or assessments that are not shown as existing liens by the records ofany taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices ofsuch proceedings, whether or not shown by the records ofsuch agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection ofthe Land or that may be asserted by persons in possessionofthe Land. 3.Easements, liens or encumbrances, or claims thereof not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land surveyofthe Land and that are not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. 7.[Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivisionofland; or (iv)environmental protection; or the effect ofany violation ofthese laws, ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16. (b)Any governmental police power.This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16. 2.Rights ofeminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at DateofPolicy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 11,16,17,18,19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustainedifthe Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability ofthe lien ofthe Insured Mortgage because ofthe inability or failure ofan Insured to comply with applicable doing-business laws ofthe state where the Land is situated. 5.Invalidity or unenforceability in whole or in part ofthe lien ofthe Insured Mortgage that arises out ofthe transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim ofinvalidity, unenforceability or lack ofpriority ofthe lien ofthe Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner ofthe estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date ofPolicy. This Exclusion does not modify or limitthe coverage provided in Covered Risk 11(b) or 25. 8.The failure ofthe residential structure, or any portion ofit, to have been constructed before, on or after Date ofPolicy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or6. 9.Any claim, by reasonofthe operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (6)apreferential transfer for any reason not stated in Covered Risk 27(b)ofthis policy. 10.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11.Negligence bya person or an Entity exercising aright to extract or develop minerals, water, or any other substances. Page 13 Rev. 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It is furnished manly as a convenience to aid you in locating the land indicated hereon with reference to streets and other land. No liability is assumed plot Skewing load'b..'"Is theC...tY of S''' Dim..St"' .f C"1"./.Skeet by reason ofany reliance hereon.'1of NOTEEmmons *MeadMason am proviiimi oi•innimmy onlY mn I no I rapreswitation is made as to Um acearseyoroomplatenessthereof The Company*imamsno banally formyloss oceutring by mesonot mance thereon. Nisnicommandad that•slimy be ebtalnad front a flormsed pmfestonet to dinannlim ArchimIactual locations City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111n1 OHM I II Applicant:COUNTY OF SAN DIEGO Description Amount CUP16007 90.24 2237 JANIS WY CBAD Receipt Number:R0119098 Transaction ID:R0119098 Transaction Date:07/28/2016 Pay Type Method Description Amount Payment Credit Crd VISA 90.24 Transaction Amount:90.24 BILLING CONTACT LARRY SILLMAN SILLMAN WRIGHT ARCHITECTS 7515 Metropolitan Dr, 400 San Diego, Ca 92108 INVOICE NUMBER INVOICE DATE 00004719 03/06/2017 REFERENCE NUMBER FEE NAME CUP16007 POSTAGE (ALL) 2237 Janis Wy Carlsbad, CA 92008 March 06, 2017 11 :47 am INVOICE DUE DATE 03/06/2017 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 INVOICE STATUS Due C cityof Carlsbad INVOICE DESCRIPTION NONE TOTAL $94.57 SUB TOTAL $94.57 TOTAL .... I ______ $_9_4._57......,I I IIIIIIII IIIII Ill lllll lllll lllll lllll lllll lllll 111111111111111111 City of Carlsbad Faraday Center Faraday Cashiering 001 1706501-1 03/06/2017 32 Mon , Mar 06, 2017 11:57 AM Receipt Ref Nbr: R1706501-1/0029 ENERGOV -ENERGOV I Tran Ref Nbr: 170650101 0029 0030 Trans/Rcpt#: 00004719 SET#: 00004719 Amount: 1 @ $94.57 Item Subtotal: $94.57 Item Total: $94.57 ITEM(S) TOTAL: Check (Chk# 001045) Total Received: Have a nice day! $94.57 $94.57 $94.57 **************CUSTOMER COPY************* Page 1 of 1