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Home My WebLink AboutMCUP 15-07; POINSETTIA TWIN D TANK WCF; Conditional Use Permit (CUP) (2)May 5, 2015 City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 • • As required by Council Policy 64 pertaining to the Wireless Communication Facilities guidelines, Verizon Wireless is willing to allow other carriers to co-locate on their facilities wherever technically and economically feasible. All future carriers will comply with all planning, building, and zoning requirements of the City of Carlsbad. Respectfully, Kerrigan Diehl Project Planner Contract Representative for Verizon Wireless • • ENVIRONMENTAl INFORMATION FORM {To be Completed by Applicant) Date Filed: M (A~ 5 ao 15 (To be completed by Ctty) Application Number{s): Q.t) p \5-aa I M we l 6-0 1- Generallnfonnatlon 1. Name of project Verizon: .Paiftsettta-- 2. Name of developer or project spoFlsor: Verizon Wireless ------------------------------- Address· Black Rail Road (Twin D Tanks) City. state, Zip code: Irvine, CA 92618 Phone Number: 760-587-3003 3. Name of person to be contacted concerning this project: Kerrigan Diehl, PlanCom Inc. Address: 302 State Place City, state, Zip code: Escondido, CA 92029 Phone Number: 760-587-3003 4. Address of Project: Black Rail Road (Twin D Tanks} Assessor's Parcel Number. 215-080-05 & 23 ----------------------------------------- 5. ~ist a-:d describe a~y other _related permits and other public approvals required for this project, 1ncludrng those requ1red by ctty, regional, state and federal agencies: Building Permits (Carlsbad), FCC (Federal) 6. Existing General Plan Land use Designation: _R_-_1_R_e_s_i_d_e_n_t_ia_l ________ _ 7. Existing zoning district: ------------------------ 8. Existing rand use(s): Carlsbad Municipal Water District Tanks 9. Proposed use of site (Project for which this form is filed): Unmanned Cell Site No change to current use. Project Description 10. site size: 4.43 acres (192,996 sf) 11. Proposed Building square footage: _3_6_5_s_f ________________ _ 12: Number of floors of constructiOn: _N_A ___________________ _ 13. Amount of off-street parking provided: _N_A ________________ _ 14. Associated projects: _N_A _____________________ _ P-1(0) Page2of4 Revised 07/10 • • 15 If residential, include the number of units and schedule of unit sizes: NA ~~---------------- 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ------------------------- Unmanned cell site mounted to (3) existing water tanks on City owned property. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_A ___ _ 18 If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project -------- NA 19. If the proiect involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: P-1{0) Page 3 of4 Revised 07110 • • Are the folfowing items applicable to the project or its effects? Discuss afl items checked yes (attach addiCiunal sflf:ets a-s nec.;essary). Yes No 20. Change in existing features of any bays, tidelands. beaches. or hills. or substantial 0 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D 0 roads. 22. Change in pattern, scale or character of general area of project. D [lJ 23. Significant amounts ofo solid waste or litter. 0 IZJ 24. Change in dust, ash. smoke, fumes or odors in vicinity 0 0 25. Change in ocean. bay, lake, stream or ground water quality or quantity, or 0 fZI alteration of existing drainage patterns. 26. Substantial change in exfsting noise or vibratiOn levels in the vicinity. 0 0 27. Site on filled land or on slope of 1 0 percent or more. D 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, 0 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas. etc.). D [l] 31. Relationship to a larger project or series of projects. D llJ 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' April 8, 2015 Signal"'"' ~~ ;Q;kJ For: Ve tzo Wireless P-1(0) Page4 of4 Revised 07110 , • • (City of c:arlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602·4610 www.carlsbadca.gov Applicant's statement or disclosure of certam ownership interests on alt 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. Not&: Person is defined as WAny 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 corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Verizon Wireless Title Title Applicant/Permit holder Address. _________ _ Address 15505 Sand canyon Avenue, Irvine. CA 92618 2. OWNER (Not the owner's agent) P 1(A) 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 partnershiD, 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 gybliclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ,~ Corp/Part City of Carlsbad, Joe Garuba Title Title Real Property Manager Address. __________________ __ Address 1635 Faraday Avenue, Carlsbad, CA 92011 Page 1 of2 Revised 07/10 • • ~~ • venzg[lwireless PROJECT DESCRIPTION & JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY Poinsettia (Twin D Water Tanks) Black Rail Road Carlsbad, CA 92009 Prepared for: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Prepared by: PlanCom, Inc. Contractor Representatives for Verizon Wireless 302 State Place Escondido, CA 92029 Contact: Kerrigan Diehl, Planning Consultant (760) 587-3003 July 7, 2015 Project Description -Poinsettia 07/07/2015 Page 1 • • ~/ • • vel'fl'l/lnwtreless PROJECT DESCRIPTION Verizon (VZW) is proposing to construct, operate, and maintain a wireless PCS facility consisting of a total of twelve (12) antennas, four (4) antennas each in three (3) antenna arrays, 12 remote radio units (RRU), one for each antenna, fac;ade mounted on (3) existing City of Carlsbad Water tanks on Black Rail Road. Photo simulations of the proposed tank mounted design are provided with the application for the City's review. The supporting equipment including radios will consist of a standard 10'x20' equipment shelter. This is an indoor environmental and conditioned space. The condensing units will be located within the emergency backup generator enclosure situated just to the south of the shelter. The GEN enclosure is 13'x13' to accommodate necessary UBC clearance requirements in addition to housing the condensers in a sound attenuated structure. Please refer to the noise specifications listed on A-2. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. There is one other wireless carrier on the property, AT&T Mobility. Verizon intends to provide wireless voice, data, video, local area network (LAN), and internet applications with the installation of this facility. SITE CHARACTERISTICS The underlying zoning of the proposed site is R-1 (Residential) however the primary on- site use is as a City of Carlsbad public use for Water storage. The surrounding land uses are as follows: North: South: East: West: Church Campus Residential Residential Residential SITE SELECTION/PREFERRED SITES PER SECTION A.l. OF COUNCIL POLICY 64 The proposed project site is zoned R-1 One-Family Residential which is classified as a non-preferred zone in the location guidelines adopted per Council Policy 64, Section A.2.b. As such, the project site is a "Preferred Location" and is encouraged by the Wireless Communication Facilities (WCF) guidelines. The proposed design is intended to Project Description -Poinsettia Page 2 07/07/2015 • • ~/ • verJZ2C1wireless integrate the wireless facility with the existing structures on site while endeavoring to co-locate on a site with an existing wireless use. The antennas will be better concealed from view on the towers by being concealed behind FRP panels painted to match the tanks and situated among the mature natural landscape screening on site to obscure views. The equipment building is designed to match the on-site building in design and colors. The surrounding properties in the area of the proposed site are primarily residential, and are not considered preferred locations for WCFs. The building on the adjacent property to the north can be considered a possible alternate location for the project; however, the landowner was not interested in hosting a cell site. The surrounding area did not contain additional preferred locations and consideration for alternate sites was limited to the proposed project. COUNCIL POLICY 64 SECTION A. LOCATIONAL GUIDELINES l.Preferred Locations--The proposed project site is zoned R-1 Residential which is classified as a non-preferred location in the location guidelines adopted per Council Policy 64, Section A.2.b., however the underlying use is not residential in nature. According to the policy, WCFs are encouraged in non-residential zones by Section A.l.g. of the Wireless Communication Facilities (WCF) guidelines. The property directly west is also zoned R-1, residential, which is also a non-preferred zone; however, the property owner was not interested in hosting a cell site on the property. 2. Discouraged Locations--The surrounding properties in the area of the proposed site are predominantly residential and are not considered preferred locations for WCFs. 3. Visibility to the Public-The design chosen for the site involves using the existing vertical structures on site, the water tanks in this case, for fa<;ade mounting so that no new vertical elements are necessary to support the site. As such the fa<;ade mounting does not contribute to additional visual impacts. Additionally, the equipment building necessary to operate the facility is located along the interior of the property and is screened by existing and proposed landscaping for visual integration. 4. Collocation--A letter expressing cooperation with future co-location efforts for this site is included with this application. 5. Monopoles-flo monopoles are being proposed. 8. DESIGN GUIDELINES 1. Stealth Design-the proposed design is fa<;ade mounted on an existing vertical structure painted to match the tank along with landscape integration. Project Description -Poinsettia Page 3 07/07/2015 • • \--:--~-• V8rfZ9!1wireless 2. Equipment-the equipment building will be located within the water tank compound and the enclosure walls will be stucco finish painted to match the existing buildings on site. 3. Collocation-the project is co-located with Verizon who is pursuing wireless carrier on the property. 4. Height-the proposed site does not contribute to an increased height as the design utilizes an existing vertical element. 5. Setbacks-the R-1 (residential) zone setback requirements are the following: • Front: 20 feet • Side: 10 feet • Rear: 20' 6. Building or Structure Mounted WCFs-the project conforms to this section by placing the antennas on the existing tanks. 7. Ground mounted monopoles-this section is not applicable to the project. 8. Lattice Towers-no lattice towers are being proposed. 9. Undergrounding--ell proposed utilities will be underground. POLICY 64 C. PERFORMANCE GUIDELINES 1. NOISE/ ACOUSTICAL INFORMATION Verizon is utilizing indoor equipment and the condensers necessary to cool the space will be installed inside the generator enclosure; which is sound attenuating. Please refer to the A-2 sheet for specifications. A 30Kw, emergency stand-by generator is being proposed within the nine-foot high enclosure wall. Noise specifications for the generator are included for the city's review. 2. OPERATION & MAINTENANCE 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, an Verizon technician will service the facility on an as-needed basis. Generally, this is likely to occur once per month during normal working hours (between-7 AM, BAM on Saturdays, and Sunset). A computer may handle much of the operational adjustments remotely. A Verizon technician in a service van or pickup truck-size vehicle will perform the routine maintenance operation. Beyond this routine maintenance service, Verizon typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted during an emergency. 3. MAINTENANCE HOURS Maintenance hours per Policy 64 will be followed. The site is within 100 feet of residential property and will be subject to the restricted hours for maintenance, between 7 AM and sunset on weekdays and 8 AM on Saturdays. No maintenance will be performed on Sundays, except in an emergency situation. Project Description -Poinsettia Page 4 07/07/2015 • • • ~/ V8nz2Pwire/ess 4. LIGHTING No additional lighting is proposed for the site. 5. COMPLIANCE WITH FCC RF EXPOSURE GUIDELINES All Verizon Wireless sites are designed and required to comply with FCC RF exposure guidelines and follow up reports will be submitted in accordance with the policy guidelines. ADDITIONAL INFORMATION REGARDING THE APPLICATION HAZARDOUS MATERIALS Sealed lead acid batteries are used for back-up power in the event of a power failure on most Verizon facilities. The batteries are often referred to as "gel cell" type batteries. Specifications for the batteries are provided as an attachment to this application. OPERATIONAL FREQUENCY CRITERIA The FCC has allocated a portion of the radio spectrum to Verizon for the provision of wireless service. The proposed communications facility will transmit at various frequency ranges, outlined on page 6 of the Radio Frequency Site Compliance Report included with the application. The power required to operate the facility typically does not exceed 200 watts per channel. By design, the Verizon facility is 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 Federal Communications Commission (FCC) standard for continuous public exposure of 900 microwatts per square centimeter. The proposed PCS communications facility will operate in full compliance with the standards for radio frequency emissions as adopted by the FCC. Project Description -Poinsettia Page 5 07/07/2015 • • File No: 08024245 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only 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: Carlsbad Municipal Water District, a Municipal Water District organized and existing under the Municipal Water District Act of 1911, as amended, as to Parcell and Carlsbad Municipal Water District, as to Parcel 2 The land referred to herein is situated in the County of SAN DIEGO, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form-Modified (11-17-06) Page 2 ' ' • • File No: 08024245 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel 1: Beginning at the South quarter corner of said Section 22; Thence Northerly along the North-South centerline of said Section 22 North 2° 18' 55" West 1041.37 feet to the true point of beginning; Thence South 89° 55' 47" East 250.00 feet; Thence South 0 04' 13" West 350.00 feet; Thence North 87° 51' 00" West 235.93 feet to a point in said North-South centerline; Thence Northerly along said North-South centerline 341.73 feet, more or less, to the true point of beginning, containing 1.93 acres, more or less. Parcel 2: That portion of the North half of the Southwest quarter of the Southeast quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, located in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, more particularly described as follows: The West 544 feet of the North half of the Southwest quarter of the Southeast quarter of said Section 22. Excepting therefrom the following described land: Beginning at the South quarter corner of said Section 22; Thence Northerly along the North-South centerline of said Section North 2° 18' 55" East 1041.37 feet to a point designated as Point "A" for the purposes of this description, said Point "A" also being the true point of beginning; - Thence South 89° 55' 47" East 250.00 feet; Thence South 0° 04' 13" West to the South line of said North half of the Southwest quarter of the Southeast quarter of said Section 22; Thence Westerly along said South line to the Southwest corner of said North half; Thence Northerly along said North-South centerline of Section 22 to the true point of beginning. CLTA Preliminary Report Form -Modified (11-17-06) Page 3 • • File No: 08024245 Also excepting therefrom all that portion of the above described land lying Northerly of the following described line: Beginning at the above described Point "A"; Thence South 89° 55' 47" East 542.82 feet, more or less, to a point on the East line of said Westerly 544 feet of the North half of the Southwest quarter of the Southeast quarter of said Section 22, said point being the point of terminus for this line. Assessor's Parcel Number: 215-080-05 &. 215-080-23 CLTA Preliminary Report Form-Modified (11-17-06) Page 4 • • File No: 08024245 SCHEDULE B -Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the 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 survey of the 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 of material not shown by the Public Records. CLTA Preliminary Report Form-Modified (11-17-06) Page 5 • • File No: 08024245 SCHEDULE B -Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. There were no taxes levied for the fiscal year 2014-2015 as the property was vested in a public entity. B. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No: Disclosed by: Recording Date: Recording No.: 1 Notice of Special Tax Lien May 20, 1991 as Instrument No. 1991-0236959 of Official Records C. Amendment to the Notice of Special Tax Lien recorded March 14, 2003 as Instrument No. 289327; as Instrument No. 289328 and as Instrument No. 289329 all of Official Records. D. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. E. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Affects: Carlsbad Municipal Water District a pipeline or pipelines for any and all purposes and also underground conduits and cables for telephone, signal and communication purposes, together with the right of ingress thereto and egress therefrom July 21, 1958 in Book 7174, Page 293 of Official Records portion of said land Parcel 1 CLTA Preliminary Report Form-Modified (11-17-06) Page 6 •' • • File No: 08024245 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: Purpose: Recording Date: Recording No: Robert S. Horne road July 21, 1958 in Book 7174. Page 298 of Official Records Said easement has been granted and/or reserved in various instruments of record. Affects: Parcel 1 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Affects: Frank H. Ayres and Son, a Corporation roadway and right-of-way for installation of public utilities and pipelines October 10, 1960 as Instrument No. 202177 of Official Records portion of said land Parcel 1 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Affects: Carlsbad Municipal Water District a pipeline August 14, 1961 as Instrument No. 139572 of Official Records portion of said land Parcel 1 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Affects: San Diego Gas & Electric Company either or both pole lines, underground conduits, together with the right of ingress and egress September 11, 1963 as Instrument No. 162194 of Official Records said land more particularly described therein. Parcel 1 7. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Recording Date: Record of Survey No. 6269 September 25, 1963 CLTA Preliminary Report Form-Modified (11-17-06) Page 7 .. • • File No: 08024245 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Affects: San Diego Gas & Electric Company public utilities March 31, 1966 as Instrument No. 54153 of Official Records said land more particularly described therein. Parcel 2 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Affects: San Diego Gas & Electric Company either or both pole lines, underground conduits together with the right of ingress and egress July 1, 1975 as Instrument No. 75-168642 of Official Records portion of said land Parcel 1 10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Affects: Carlsbad Municipal Water District a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for power transmission and communication purposes, together with the right of ingress thereto and egress therefrom January 5, 1977 as Instrument No. 77-003537 of Official Records portion of said land Parcel 1 11. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Memorandum of Lease Costa Real Municipal Water District Gencom Incorporated, a California Corporation June 11, 1986 as Instrument No. 86-233222 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Assignment of the Lessee's interest under said lease, Assignor: Assignee: Recording Date: Recording No: Gencom, Incorporated, a California Corporation Sao Diego Cellular Inc., a Texas corporation July 1, 1986 as Instrument No. 86-272448 of Official Records CLTA Preliminary Report Form -Modified (11-17-06) Page 8 ,• .. • • File No: 08024245 A sublease with certain terms, covenants, conditions and provisions set forth therein. Dated: Lessor: Lessee: Recording Date: Recording No: Not Set Out San Diego Cellular Inc., a Texas Corporation Gencom Incorporated, a California Corporation November 19, 1986 as Instrument No. 86-532984 of Official Records Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Assignment and Assumption Agreement January 31, 2000 GTE Wireless Incorporated, a Delaware Corporation (successor by merger with GTE Mobilnet Incorporated, successor by merger with Contel Cellular, Inc., successor by assignment from US Westminster Cellular of California, Inc., f/k/a San Diego Cellular, Inc., successor by assignment from Gencom Corporation), GTE Wireless of the Pacific Incorporated, a Delaware Corporation January 2, 2002 as Instrument No. 2002-730 of Official Records Reference is hereby made to said document for full particulars. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Assignment and Assumption Agreement April 1, 2000 GTE Wireless of the Pacific Incorporated, a Delaware Corporation and Crown Castle GT Company LLC, a Delaware limited liability company January 2, 2002 as Instrument No. 2002-731 of Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 1 12. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Assignment of Lease Gilbert J. Kaiser Paul Friedman August 5, 1986 as Instrument No. 86-331387 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Affects: Parcel 2 13. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Recording Date: Recording No: Record of Survey Map No. 13762 May 14, 1992 as Instrument No. 294753 Record of Survey CLTA Preliminary Report Form-Modified (11-17-06) Page 9 . · •' • • Hie No: 08024245 14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Affects: City of Carlsbad, a Municipal corporation public street and public utility, together with the right to extend excavation and embankment slopes beyond the limits of said right of way May 18, 1998 as Instrument No. 1998-0289834 of Official Records portion of said land Parcel 1 15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company, a Corporation public utilities February 8, 2005 as Instrument No. 2005-0107378 of Official Records portion of said land 16. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form-Modified (11-17-06) Page 10 .. • • . • File No: 08024245 REQUIREMENTS SECTION: NONE CLTA Preliminary Report Form -Modified (11-17-06) Page 11 • • File No: 08024245 INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: For wiring Instructions pfease contact your Title Officer or Title Company Escrow officer. NOTE NO. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. NOTE NO. 4: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Typist: tga Date Typed: December 12, 2014 CLTA Preliminary Report Form-Modified (11-17-06) Page 12 • • Attachment One (Revised 06-05-14) 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 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 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 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 any taking 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 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 of Policy; or (e) 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. 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 the applicable doing business laws of the state in which the land is situated. 5. 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 of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal 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 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, 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 right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 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 those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk B.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 not limit 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; ©California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 13 • • File No: 08024245 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 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 Risk 11 or 21. 7. The transfer of the Tille 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: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A Our Maximum Dollar Limit of Liabilitv Covered Risk 16: or $2,500.00 (whichever is less) $ 10,000.00 Covered Risk 18: Covered Risk 19: Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $25,000.00 $25,000.00 $5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will 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 of the land; (ii) the character, dimensions, or location of any improvement erected on the land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these 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 of eminent domain. This Exclusion does not modify or limit the 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 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) attaching or created subsequent to Date of Policy (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 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 an Insured to comply with applicable doing- business laws of the state where the land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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, by reason of the operation of federal bankruptcy. state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. ©California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 14 • • File No: 08024245 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the 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 in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B -Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: PART 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: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the 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 Tille that would be disclosed by an accurate and complete land survey of the 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 of this 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 of the Insured Mortgage: 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will 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 of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these 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 of eminent domain. This Exclusion does not modify or limit the 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 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) attaching or created subsequent to Date of Policy (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 if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the 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 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer 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: 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 reason 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 of any 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 of such proceedings, whether or not shown by the records of such agency or by the Public Records. © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 15 • • File No: 08024245 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the 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 survey of the 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 of this 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 of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these 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 of eminent domain. This Exclusion does not modify or limit the 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 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) attaching or created subsequent to Date of Policy (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 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 an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the 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 of the 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 of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b} or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27 (b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 16 • • File No. 08024245 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one- to-four family residential dwelling. FNF Underwritten Title Company LTC -Lawyers Title Company Available Discounts DISASTER LOANS (CLTIC) FNF Underwriter CL TIC -Commonwealth Land Title Insurance Co. The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Mod. 10/21/2011 Page 17 • • FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. Collection and Use oflnformation The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device IDIUDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: Applications or other forms we receive from you or your authorized representative; Information we receive from you through the Website; Information about your transactions with or services performed by us, our affiliates, or others; and From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Information collected by FNF is used for three main purposes: To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. To improve our products and services that we perform for you or for Third Parties. To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. Additional Ways Information is Collected Throngh the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Partv Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Qpt Out section below. Uniqne Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Ont. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity. You can opt-out of online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • File No: 08024245 You can opt-out via the Network Advertising Initiative industry opt-out at http://w;vw.networkadvcrtising.org/. You can opt-out via the Consumer Choice Page at www .aboutads.info. For those in the U.K., you can opt-out via the lAB UK's industry opt-out at www.youronlinechoices.com. You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; To Jaw enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or ( 4) protect the rights, property or personal safety ofFNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We • do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information from Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers . · • File No: 08024245 whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices with Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifYing us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent ofFNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. IfFNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identifY themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. • Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. Your Consent to This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signifY your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Offtcer (888) 934-3354 privacy@fnf.com Copyright© 2014. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: JANUARY 24, 2014 LAST UPDATED: JANUARY 24,2014 City of Carlsbad Faraday Center Faraday Cashiering 001 1512501-1 05/05/2015 32 Tue, May 05, 2015 01 :27 PM Receipt Ref Nbr: R1512501-1/0013 PERMITS -PERMITS Tran Ref Nbr: 151250101 0013 0017 Trans/Rcpt#: T000137083 SET #: 8000004106 Amount: Item Subtota 1 : Item Total: ITEM(S) TOTAL: Check (Chk# 0000024178) Total Received: Have a nice day! 1@ $1,607.00 $1,607.00 $1,607.00 $1,607.00 $1,607.00 $1,607.00 **************CUSTOMER COPY************* City of Carlsbad Faraday Center Faraday Cashiering 001 1520401-2 07/23/2015 149 Thu, Jul 23, 2015 10:29 AM Receipt Ref Nbr: R1520401-2/0013 PERMITS -PERMITS Tran Ref Nbr: 152040102 0013 0015 Trans/Rcpt#: R0110410 SET #: MCUP1507 Amount: Item Subtota 1 : Item Tot a 1: 1@$16.17 $16.17 $16.17 ITEM(S) TOTAL: $16.17 Check (Chk# 0000024179) $16.17 Total Received: $16.17 Have a nice day! **************CUSTOMER COPY************* MICHAEL J & NANCY C CARDOSA 6579 BLACK RAIL RD CARLSBAD CA 920 II SHETIY-WILLARD LIVING TRUST 03-01-04 6585 BLACK RAIL RD CARLSBAD CA 920 II • MCKESSON STEVEN A & BRITT A LIVING TRUST 09-05-01 6610 SITIO CEDRELA CARLSBAD CA 920 II MARK FRANCIS 3385 BLODGETT DR COLORADO SPRINGS CO 809I9 RYAN & CASSANDRA GOLD 1592 TRITON ST CARLSBAD CA 920 II BLACK RAIL RIDGE HOMEOWNERS ASSN #312 3443 CAMINO DEL RIO S SAN DIEGO CA 92108 EUGENE J & MEZA-MILLER LUZ MILLER 1676 FISHERMAN DR CARLSBAD CA 920 II DLLLLC 1667 FISHERMAN DR CARLSBAD CA 920 II LOBO FAMILY TRUST 12-20-10 1679 FISHERMAN DR CARLSBAD CA 920II REDEEMER BY THE SEA LUTHERAN CHURCH OF CARLSBAD 6600 BLACK RAIL RD CARLSBAD CA 92011 CANTU EDWARD TRUST 08-27-08 6575 BLACK RAIL RD CARLSBAD CA 920Il SAN DIEGO DESIGN & DEVELOPMENT SERVICES L L C 538 FRONTST EL CAJON CA 92020 EDWARD W & MARDI B HOMER 6608 SITIO CEDRELA CARLSBAD CA 920 II JAMESKHALL 1584 TRITON ST CARLSBAD CA 920 II ABI-SAMRA FAMILY 2006 TRUST 06-26-06 1596 TRITON ST CARLSBAD CA 920 II CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD CA 92008 DANIEL & VALLERY DEVILBISS I672 FISHERMAN DR CARLSBAD CA 920 II ROGERS ROBERT N TRUST 06-25-07 I671 FISHERMAN DR CARLSBAD CA 920 II SAAS REVOCABLE TRUST 01-23-09 1683 FISHERMAN DR CARLSBAD CA 920 II MICHAEL J & KELLY KAITL YN J GABE 1648 CORTE ORCHIDIA CARLSBAD CA 920 II • ~(-' tr-or; LIN LIVING TRUST 09-25-14 1589 TRITON ST CARLSBAD CA 92011 CHARLES E & DIANE PAPPALARDO 6614 SITIO CEDRELA CARLSBAD CA 920 1I •: COSBY BRUCE W SEPARATE PROPERTY TRUST 04-03-08 PO BOX 13I058 CARLSBAD CA 92013 SIERRA FAMILY TRUST I2-23-13 I588 TRITON ST CARLSBAD CA 92011 JOSE & EVELYN DELGADO 1598 TRITON ST CARLSBAD CA 92011 NANCY REICHEL I680 FISHERMAN DR CARLSBAD CA 920II GREGO SHULL I668 FISHERMAN DR CARLSBAD CA 920 II NICHOLAS H & MARSHA G MIRIZZI I675 FISHERMAN DR CARLSBAD CA 920 ll LAS SUVERA HOMEOWNERS ASSN #220 11717 BERNARDO PLAZA CT SAN DIEGO CA 92I28 ENCANTADA COMMUNITY ASSOCIATION POBOX I9704 IRVINE CA 92623 DEVELOPMENT SOLUTIONS C 16 L L C 1302 CAMINO DEL MAR DEL MAR CA 92014 • PLANCOMINC ATTN: KERRIGAN DIEHL 302 STATE PLACE ESCONDIDO CA 92029 • .. GC MAPPING SERVICE INC ATTN: GILBERT CASTRO 3055 W VALLEY BLVD ALHAMBRA CA 91803 OCCUPANT 1664 FISHERMANDR CARLSBAD CA 92011 OCCUPANT 1604 NEW CREST CT CARLSBAD CA 92011 OCCUPANT 1616 NEW CREST CT CARLSBAD CA 92011 OCCUPANT 1628 NEW CREST CT CARLSBAD CA 92011 • OCCUPANT 6604 BLACK RAIL RD CARLSBAD CA 92011 OCCUPANT 1608 NEW CREST CT CARLSBAD CA 92011 .. • OCCUPANT 1600 NEW CREST CT CARLSBAD CA 92011 OCCUPANT 1612 NEW CREST CT CARLSBAD CA 92011 OCCUPANT OCCUPANT 1620 NEW CREST CT CARLSBAD CA 92011 1624 NEW CREST CT CARLSBAD CA 92011 \ notice has been mailed to ~~~ property owners/occupants listed herein. 1 .. Date: LZ3ft S: ; Signature: fX.. 0 ' A · i :_::p -='4"l-~ DATE: PROJECT NO(S): PROJECT TITLE: APPLICANT: TO: MAY 6, 2015 CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS • MCUP 15-07/CDP 15-22 REVIEW NO: ----------~-----------------------------1 POINSTIIA TWIN D TANK WCF PLANCOM INC 0 Public Works (Storm Drain)-Clayton Dobbs 0 Public Works (Wastewater)-Don Wasko 0 Public Works (Water)-Eric Sanders 0 Land Development Engineering 0 Police Department-J. Sasway 0 Fire Department-Greg Ryan 0 Building Division -Will Foss 0 Water/Sewer District 0 Parks & Recreation (Parks/Trails) -liz Ketabian 0 Parks & Recreation (Trees & Medians)-Kyle lancaster 0 Public Works Department (Streets) 0 Public Works Department (Traffic)-John Kim 0 Public Works Department (Design)-David Ahles 0 SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 FROM: PLANNING DIVISION 0 landscape Plancheck Consultant-PELA 0 School District 0 North County Transit District-Planning Dept. 0 Sempra Energy-land Management 0 Caltrans (Send anything adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATIN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 5/26/15. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: _____________________________ _ Signature Date PLANS ATIACHED Review & Comment 8/14 • • MCUP 15-07 /CDP 15-22-POINSETTIA TWIN D TANK WCF June 4, 2015 Page 2 ISSUES OF CONCERN Planning: 1. Please add the following project numbers to the top right corner of Sheet T-1: MCUP 15-07, CDP 15-22. 2. Please add a magnetically mounted, RF transparent cover over each sector of panel antennas and RRU's. The cover shall be painted to match the water tower. 3. Please provide a note that the existing equipment building, new equipment building and generator enclosure shall have a light, neutral colored stucco applied to the exterior walls. 4. Please update the "Project Description & Justification" document per the attached red lines. Engineering: 1. No issues. However, the project will be conditioned to obtain approval from the Carlsbad Municipal Water District (CMWD) for the final design of the proposed WCF. Fire: 1. Verizon shall be responsible to obtain and maintain an annual operational use permit for the standby generator with a fuel cell. Information on this permit may be obtained by calling the Fire Department at 760-602-4665. Utilities: 1. The plans shows proposed electrical conduits in underground trenches crossing exiting waterlines/drains within this City facility. Please coordinate with the Carlsbad Municipal Water District (CMWD) to ensure that the trench locations acceptable. 2. Trench on north side of property appears to be too close to water facilities. Please coordinate with CMWD for an acceptable location. 3. The Minimum separation of Cell Companies' buried cable from CMWD's water lines, telemetry lines, chemical lines, electrical conduit should be 18-24 inches below, and 24 inches lateral. 4. Please submit an Engineering report on cathodic effects on tanks and facilities. 5. Please submit an Engineering report of interference with existing CMWD telemetry and radio communication. 6. All cell companies must share common trenchi~g, and building footprint.