Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CUP 2020-0012; T-MOBILE ANCHOR - FARADAY EXECUTIVE CENTER; Conditional Use Permit (CUP)
(cicyof Carlsbad LAND USE REVIEW fLN<, APPL~~ TION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Coastal Development Permit D Minor ~ Conditional Use Pennlt ~ Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D HIiiside Development Pennlt OMinor OMinor D Nonconforming Construction Permit D Planned Development Pennlt D Minor 0 Residential D Non-Residential D Planning Commission Detennlnatlon D Reasonable Accommodation D Site Development Plan D Special Use Permit OMinor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) l.eqls/at/ve Permits CvPZ~o-0012- D General Plan Amendment D Local Coastal Program Amendment 0 Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review AnNI Permits 0 Review Permit D Administrative D Minor D Major VIiiage ReyiewAIH Penn/ts D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICA 110N SUBMlffAL MUST BE SUBlllffED BY APPOINTIIEN'r. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (780) 802-ffl3 TO SCHEDULE AN APPOINTMENT. "SAME DAY APPOINTIIENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 212-062-17 & 212-062-18 --------------------------------L OC AT 10 N OF PROJECT: 2382 FARADAY AVE. CARLSBAD, CA 92008 (STREET ADDRESS) NAME OF PROJECT: T-Mobile -Anchor -Faraday Executive Center BRIEF DESCRIPTION OF • . . . PROJECT: Existing WCF. (6) Panel Antennas and Install (6) New T-Moblle Antennas with (9) New Antenna st along with associated new cabling and equipment. No new batteries PROJECT VALUE (SITE IMPROVEMENTS) _$_5_0_,o_o_o _____ _ ESTIMATED COMPLETION DATE 4/30/2021 FOR CITY USE ONLY Development No. Dtv 2020-03 12 Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME Joseph Rose (If applicable): (if applicable): COMPANY NAME CEI Office Fund 8 LLC COMPANY NAME T-Mobile (if applicable): (if applicable): MAILING ADDRESS: 16870 W Bernardo Dr Suite 360 MAILING ADDRESS: 10509 Vista Sorrento Pkwy st. 206 CITY, STATE, ZIP: San Diego, Ca 92127 CITY, STATE, ZIP: San Diego, Ca 92121 TELEPHONE: 760-931-1134, ext. 19 TELEPHONE: 858.344.6112 EMAIL ADDRESS: bchadwell@coveycommercial.com EMAIL ADDRESS: Joseph.Rose41@T-Mobile.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I 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 APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. ~ta6~ 10/21/2020 See LOA Attached SIGNATURE DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): Curtis Chadwick 080 T-Mobile MAILING ADDRESS: 9020 Activity Rd. CITY, STATE, ZIP: San Diego, Ca 92126 TELEPHONE: 916-812-9764 EMAIL ADDRESS: curtis.chadwick@sacw.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~~ 10/07/2020 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION 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. I/WE 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 BIND ANY SUCCESSORS IN INTEREST. ~ta6~ PROPERTY OWNER SIGNATURE FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page2 of6 Revised 03/17 ··~··Mobile· January 1, 2020 City of Carlsbad Community Development Department 1635 Faraday Ave. Carlsbad, Ca 92008 Re: Letter of Authorization for Obtaining Land Use Entitlements To Whom it May Concern, T-Mobile West LLC A subsidiary of T-Mobile USA Inc. 10509 Vista Sorrento Parkway, #206 San Diego, CA 92121 T-Mobile hereby authorizes SAC Wireless, its employees, agents, and contractors to file and complete any applications necessary to obtain required land use entitlements on T-Mobile's behalf for all T- Mobile projects. If you have any questions or concerns, please contact me at (858) 334-6112. Regards, Joey Rose, Esq. Site Development Manager T-Mobile USA SS:IPP2: 2020 crrY Or CARLSBA~ ,::, ~ I "'C. :,, J\S~C-~ ,,_r, C cityof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 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 & 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 __________ _ Title ___________ _ Address. _________ _ Corp/Part T-Mobile USA Title See attachment Address 12920 S.E. 38th Street, Bellevue, WA 98006-1350 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of & 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 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. __________ _ Title. ___________ _ Address. _________ _ Corp/Part CEI Office Fund 8 Title. ____________ _ Address 10920 Via Frontera, Suite 500 San Diego, CA 92127 Page 1 of2 Revised 07110 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 Profitrrrust________ 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~Co missions, Committees and/or Council within the past twelve (12) months? D Yes 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. ~ta ~4,/U 10/21/2020 Signature of owner/date Signature of applicant/date Charlotte Coseo Print or type name of owner Print or type name of applicant 10ll/2020 Signature of owner/applicant's agent if applicable/date Curtis Chadwick -Authorized Agent of T-Mobile Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 T-Mobile USA Management & Board of Directors • MIKE SIEVERT CHIEF EXECUTIVE OFFICER • JEFFREY T. BINDER EXECUTIVE VICE PRESIDENT OFT-MOBILE & PRESIDENT OF LAYER3 • DAVID R. CAREY EXECUTIVE VICE PRESIDENT, CORPORATE SERVICES • J. BRAXTON CARTER EXECUTIVE VICE PRESIDENT, CHIEF FINANCIAL OFFICER • NICHOLAS J.W. DRAKE EXECUTIVE VICE PRESIDENT, MARKETING & DIGITAL EXPERIENCE • PETER A. EWENS EXECUTIVE VICE PRESIDENT, CORPORATE STRATEGY • CALLIE FIELD EXECUTIVE VICE PRESIDENT, CUSTOMER CARE • JON A. FREIER EXECUTIVE VICE PRESIDENT, T-MOBILE RETAIL • JANICE V. KAPNER EXECUTIVE VICE PRESIDENT, COMMUNICATIONS & COMMUNITY ENGAGEMENT • MICHAEL J. KATZ EXECUTIVE VICE PRESIDENT, T-MOBILE FOR BUSINESS • THOMAS C. KEYS PRESIDENT, METROPCS • ELIZABETH A. MCAULIFFE EXECUTIVE VICE PRESIDENT, HUMAN RESOURCES • DAVID A. MILLERE XECUTIVE VICE PRESIDENT, GENERAL COUNSEL AND SECRET ARY • SUNIT PATEL EXECUTIVE VICE PRESIDENT, MERGER AND INTEGRATION LEAD • NEVILLE R. RAY EXECUTIVE VICE PRESIDENT AND CHIEF TECHNOLOGY OFFICER • CODY SANFORD EXECUTIVE VICE PRESIDENT AND CHIEF INFORMATION OFFICER • MATT STANEFF EXECUTIVE VICE PRESIDENT AND CHIEF COMMERCIAL OFFICER (cityof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: T-Mobjle-Faraday Executive Center, L700+Anchor Project APPLICANT NAME: T._-_M_o_bj_ie _____________________ _ 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: Existing Wireless Communications Facility w/CUP -MCUP-10-16 expired on August 2, 2020. a Conditional Determination Application was submitted for the T- Mobile L 1900.L700.Anchor project to extend MCUP-10-16, but was not able to submit for an extension in time. The current proposed project (L 1900.L700.Anchor) will remove (12) existing T-Mobile Panel Antennas and Skirts with (9) New Panel Antennas and (9) Skirts to continue conformity standards. Replacing (1) Battery Cabinet and upgrading power with associated cabling and equipment. This Upgrade will continue to meet network standards for T-Mobile and continue for this location to be a viable asset to the network and public connectivity. P-1(8) Page 1 of 1 Revised 07/10 {city of Carlsbad .... HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!l contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: T-Mobile Address: 10509 Vista Sorrento Pkwy. Ste 200 San Diego, CA 92121 Phone Number: 916-812-9764 PROPERTY OWNER Name: CEI Office Fund 8 LLC Address: 16870 W Bernardo Or Suite 360 San Diego, Ca 92127 Phone Number: 760-931-1134, ext. 19 Address of Site: 2382 FARADAY AVE. CARLSBAD, CA 92008 Local Agency (City and County): Carlsbad and San Diego County Assessor's book, page, and parcel number: 212-062-17 & 212-062-18 Specify list(s): __________________________ _ Regulatory Identification Number:, _____________________ _ Date of List: ___________________________ _ ~-# /4,Qd,/2gp~tft 64-#4 10/21/2020 Applicant Signature/Date Property OWner Signature/Date 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 of2 Revised 02/13 Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov PURPOSE ......., CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 (city of Carlsbad In July 2020, the City of Carlsbad adopted an amended Climate Action Plan ( CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3}, 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. • If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of7 Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. STEP 1 Land Use Consistency O,eddlst Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If "Yes", proceed to~ of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCOie/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCOie/year screening threshold. If "Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of7 Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Application Information Project No./Name: T-Mobile-Faraday Executive Center. L?00+Anchor Project Property Address/APN: 2382 FARADAY AVE. CARLSBAD, CA 92008. 212-062-17 & 212-062-18 Applicant Name/Co.: T-Mobile Applicant Address: 10509 Vista Sorrento Pkwy. Ste 200, San Diego, Ca 92121 Contact Phone: 858-334-6112 Contact Email: joseph.rose41@t-mobile.com Contact information of person completing this checklist (If different than above): Name: Company name/address: Curtis Chadwick obo T-Mobile SAC Wireless Contact Phone: 916-812-9764 Contact Email: curtis.chadwick@sacw.com 9020 Activity Rd.,San Diego, Ca 92122 Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. if your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV}: $ 50,000 ---------- Construction Type Complete Section(s) Notes: D Residential D Alterations: D BPV .? $60,000 □ BPV .? $60,000 □ Electrical service panel upgrade D BPV .? $200,000 New construction lA 1Aand 4A 4A 1Aand 4A All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed ~ Alterations: Modification to existing wireless telecom site on rooftop building. P-30 Page 3 of7 Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist D BPV.? $200,000 or additions.? 1B, 5 1,000 square feet D BPV .? $1,000,000 1B, 2B and 5 Building alterations of.? 75% existing gross floor area D .? 2,000 sq. ft. new roof addition 2B and 5 1B also applies if BPV.? $200,000 CAP Ordinance Compliance Checklist Item Check the appropriate boxes, explain all not applicable and exception items, and provide supporting calculations and documentation as necessary. 1. Energy Efficiency Please refer to carlsbad Ordinance No. CS-347 and the california Green Building Standards Code (CALGreen) for more information when completing this section. A. 0 Residential addition or alteration ;i: $60,000 bullding pennlt valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements □ Before 1978 Select one: □ Duct sealing □ Attic insulation □ Cool roof □ 1978 and later Select one: □ Lighting package □ Water heating package □ Between 1978 and 1990 □ 1991 and later B. 181 Nonresidential* new construction or alterations ;i: $200,000 building pennit valuation, or additions ;i: 1,000 square feet. See CALGreen Appencix AS, Discussion AS.Z, as amended in CS-347, Section 3. AS.203.1.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 □ Restaurant service water heating (comply with califomia Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget 0 .90 Energy budget AS.211.1.•• □ On-site renewable energy AS.211.3** D Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 D Elevators and escalators AS.213.1 □ Steel framin P-30 Page 4 of7 □ N/A _________ _ D Exception: Home energy score~ 7 (attach certification) Multi-family Requirements □ Attic insulation Select one: □ Attic insulation □ Duct Sealing □ Cool roof Select one: D Lighting package □ Water heating package Q N/A ________ _ Q N/A Q N/A Q N/A Q N/A Q N/A X N/A Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist N/A • lndudes hotels/motels and high-rise residential buildings •• For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with california Energy Code section 120.10 instead. , 2. Photovoltaic Systems A. D Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 callfomla Energy Code section 150.l(c) 14 for requirements. Note: If project Includes Installation of an electric heat pump water heater pursuant to cartsbad ordinance CS-348, increase syst2rn size by JkWdc If PV offset option Is selected. Floor Plan ID (use additional CFA #d.u. calculated kWdc* sheets if necessary) Total System Size: kWdc = (CFAx.572) / 1,000 + (1.15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du = number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception D D D D kWdc B. D Nonresidential new construction or alterations ~1,000,000 BPV and affecting ~75% existi~ floor area, or addition that increases roof area by ~2,000 square feet. Please refer to carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: 0 Gross Floor Area (GFA) Method GFA: 0 If< 10,000s.f. Enter: 5 kWdc Min. System Size: ___ kWdc 0 If~ 10,000s.f. calculate: 15 kWdc x (GFNl0,000) •• **Round building size factor to nearest tenth, and round system size to nearest whole number. D Time-Dependent Valuation Method Annual TDV Energy use:*** x .80= Min. system size: ____ kWdc ••• Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of7 Revised 07 /20 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A. D Residential and hotel/motel new construction Please refer to cartsbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving Individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l(c) 14 (for low-rise residential) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors D Exception: D For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) D Solar water heating system that is either: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery D Exception: B. 181 Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): D Solar-thermal D Photovoltaics D Recovered energy D Water heating system is (choose one): D Heat pump water heater D Electric resistance water heater(s) D Solar water heating system with .40 solar savings fraction is Exception: unmanned wireless telecommunications facility -n/a 4. Electric Vehicle Charging A. D Residential New construction and major alterations• Please refer to Carlsbad Ordinance CS-349 when completing this section. 0 One and two-family residential dwelling or townhouse with attached garage: D One EVSE ready parking space required D Exception : D Multi-family residential· D Exception · Total Parking Spaces EVSESpaces Proposed Capable I Ready I calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces-EVSE Installed (EVSE other may be •capable," "Ready" or "installed.") I I Installed I I Total P-30 Page 6 of7 Revised 07/20 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation .1: $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation .1: $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B. ~ Nonresidential new construction (includes hotels/motels) ii Exception • unmanned wireless telecommunications facility Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total calculation: Refer to the table below: Total Number of ParkinR Spaces provided Number of reauired EV Soaces Number of reauired EVSE Installed Soaces D 0-9 1 1 D 10-25 2 1 D 26-50 4 2 D 51-75 6 3 D 76-100 9 5 D 101-150 12 6 D 151-200 17 9 D 201 and over 10 percent of total 50 percent of ReQuired EV Spaces 5. Transportation Demand Management (TOM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADTTable. Use GFA Employee ADT /1,000 S.F. Total Employee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. •NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes D No D LOE Staff Verification: □ _____ (staff initials) P-30 Page 7 of7 Revised 07/20 r ( City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760} 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME:T-Mobile-Faraday Executive Center. L700+Anchor Project PROJECT ID: ADDRESS:2382 FARADAY AVE. CARLSBAD, CA 92008 APN :212-062-17 & 212-062-18 The project is (check one): D New Development ~ Redevelopment The total proposed disturbed area is: ~IA ft2 ( ) acres The total proposed newly created and/or replaced Impervious area Is: N/A ft2 ( ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of4 REV02/16 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine If your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building ~ □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): This project is part is part of an existing wireless telecommunications facility (cell site) with equipment cabinets located within the existing building telecom room and antennas on the rooftop. The ground or impervious areas are not disturbed. If you answered "no• to the above auestion, the croject is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets i:iuidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion~ustification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... • and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above auestions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV04/17 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ □ and IJUblic develo1Jment proiects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC} code 5812}. 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ □ development project includes development on any natural slope that is twenty-five oercent or Qreater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ □ a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transoortation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area {ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ □ 200 feet or less from the project to the ESA, or conveyed In a pipe or open channel any distance as an isolated flow from the 1Jroiect to the ESA (i.e. not comminoled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classif,cation (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles oorday. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC D D 21 .203.040} If you answered "yes" to one or more of the above questions, your project is a P,DP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... • and complete applicant information. If you answered "no• to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box stating "My project is a 'ST AND ARD PROJECT' ... • and complete aoolicant information. E-34 Page 3 of4 REV 04117 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2}): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A} = sq . ft. □ □ Total proposed newly created or replaced impervious area (8) = sq. ft. Percent impervious area created or replaced (B/A}*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... • and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box statina "Mv oroiect is a PDP .. ." and complete aoolicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION 0 My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-3tr and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. ~ My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Curtis Chadwick obo T-Mobile Applicant Title: Site Acq Specialist obo T-Mobile Applicant Signature: ~~ Date: 12/8/2020 ' . • EnVJronmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated aa preaervea or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of4 REV04/17 @Chicago TIUe Insurance Company GUARANTEE NO.: CA-FAIN-IMP-72G28-1-20-00764477 Cl TA GUARANTEE FACE PAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Tlcor Title Company of Callfomla 4210 Riverwalk Parkway, Suite 200 Riverside, CA 92505 Phone: (951) 509-0211 • Fax: (951) 509-5824 Email: teamsal@ticortitle.com Countersigned: By:~ Authorized Signature Chicago Title Insurance Company By, Arrl:ST Pn.'11Kient SN-ttrary CLTA Guarantee Face Page (06-05-14) Page 1 © Callfomla 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 Cellfomia Land Title Association. Order No. 00764477-993-IET-SAD Guarantee No. CA-FAIN-IMP-72G28-1-20-00764477 GUARANTEE EXCLUSIONS AND CONDITIONS (06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances In Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse dalms or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse daims or other matters, whether or not shown by the Pubtic Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that resuH in no loss to the Assured. (c) Defects, liens, encumbrances, adverse daims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may resuH in taxes or assessments, or notices of such proceedings, whether or not the matters exduded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining dalms; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, dalms or tltle to water, whether or not the matters excluded under (1 ), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not indude any property beyond the lines of the area described or referred to In Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, allays, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee•: the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of fads, or daim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then ail liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, Interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise Its rights under this paragraph, it shaH do so diligently. (b) If the Company eleds to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) 1/Vhenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, In its sole discretion, to appeal from an adverse judgment or order. (d) In aH cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. &. Proof of Lou or Damage. (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inapection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable Judgment of the Company, it is necessary in the administration of the daim. Failure of the Assured to submit for examination under oath, produce other reasonably requested CLTA Guarantee Exclusions and Conditions (06-05-14) Page 2 © Callfomla 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 Cslifomia Land THle Assodatlon. Order No. 00764477-993-IET-SAD information or grant permission to secure reasonably neoessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that daim. 6. Options to Pay or Otherwise Settle Clalms: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses Incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company Is obligated to pay. (b) To pay or otherwise settle with the Assured any daim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the dalmed loss or damage, other than the payments required to be made, shall terminate, lndudlng any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation of Llablllty. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured daimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, It shall have fully performed Its obligations with respect to that matter and shall not be Hable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for llabillty voluntarily assumed by the Assured in settling any daim or suit without the prior written consent of the Company. 8. Reduction of Llablllty or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a dalm under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or ,,.,, ~ Guarantee No. CA-FAIN-IMP-72G28-1-20-00764477 property in respect to the dalm had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation invoMng these rights or remedies. If a payment on account of a dalm does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the daim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Tttle Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with daims or controversies of other persons. Arbltrable matters may indude, but are not limited to, any controversy or daim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with Its issuance or the breach of a Guarantee provision, or to any other controversy or daim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of llabillty is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbltrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any daim of loss or damage, whether or not based on negligence, or any action asserting such daim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Sea-etary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severablllty In the event any provision of this Guarantee, in whole or in part, is held Invalid or unenforceable under applicable law, the Guarantee shall be deemed not to indude that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 1'. Choice of Law; Forum (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the Interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the Jurisdiction where the Land is located to determine the validity of daims that are adverse to the Assured and to Interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply Its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. Notlcee, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall indude the number of this Guarantee and shall be addressed to the Company at Chicago Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. CLTA Guarantee Exdusions and Conditions (06-05-14) Page 3 © Callfomla Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the Cslifomia Land Trtle Association. Order No.: 00764477-993-IET-SAD Guarantee No.: CA-FAIN-IMP-72G28-1-20-00764477 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: 00764477-993-IET-SAD Guarantee No.: CA-FAIN-IMP-72G28-1-20-00764477 Date of Guarantee: November 18, 2020 at 7:30 AM 1. Name of Assured: SAC Wireless 2. The estate or interest in the Land which is covered by this Guarantee is: A Fee as to Parcel(s) A Easement(s) more fully described below as to Parcel(s) B 3. The Land referred to in this Guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: CEI Office Fund 8 LLC, a California limited liability company Amount of Liability: $5,000.00 Fee: $500.00 b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. 72G28 CLTA Guarantee Form No. 28 (06-05-14) Page 4 Condition of Title Guarantee @ Callfomla 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. Order No. 00764477-993-IET-SAD EXHIBIT A LEGAL DESCRIPTION Policy No. CA-FAIN-IMP-72G28-1-20-00764477 THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCELS 1 AND 2 OF PARCEL MAP NO. 16317, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 06, 1990 AS INSTRUMENT NO. 90-652174 OF OFFICIAL RECORDS. PARCELS: AND VARIOUS EASEMENTS RIGHTS ESTABLISHED IN AND AS DISCLOSED BY DOCUMENTS RECORDED JUNE 29, 1988 AS INSTRUMENT NO. 88-313420; RECORDED OCTOBER 30, 1987 AS INSTRUMENT NO. 87- 614047; RECORDED SEPTEMBER 17, 1990 AS INSTRUMENT NOS. 90-507856 AND 90-507857, ALL OF OFFICIAL RECORDS. APN: 212-062-17-00 AND 212062-18-00 72G28 CL TA Guarantee Fonn No. 28 (06-05-14) Page 5 Condition of Title Guarantee © C.Hfomla Land Title Association. All rights reserved. The use of this Fonn is restricted to CL TA subsaibers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express pennission from the California Land Title Association. Order No. 00764477-993-IET-SAD Policy No. CA-FAIN-IMP-72G28-1-20-00764477 SCHEDULE B 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022. 2. Property taxes, including any personal property taxes and any assessments collected with taxes are as follows: Code Area: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Land: Improvements: Personal Property: 09013 212-062-17-00 2020-2021 $42,738.17, Unpaid $42,738.17, Unpaid $0.00 $4,284,000.00 $3,429,979.00 $0.00 3. Property taxes, including any personal property taxes and any assessments collected with taxes are as follows: Code Area: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Land: Improvements: Personal Property: 09013 212-062-18-00 2020-2021 $56,227.60, Unpaid $56,227.60, Unpaid $0.00 $3,060,000.00 $7,140,000.00 $0.00 4. 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. 5. 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. 6. Water rights, claims or title to water, whether or not disclosed by the public records. 7. Easement(s) or right(s) of way for the purpose(s) shown below and rights incidental thereto, as granted and/or reserved in various deeds of record: Purpose: Affects: Ingress and egress, pipelines, drainage and/or public utilities and incidental purposes thereto over, under, along and across the easement parcel(s) herein described Parcel B 72G28 CLTA Guarantee Form No. 28 (06-05-14) Page 6 Condition of TIUe Guarantee © ca11tomla 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. AU other uses are prohibited. Reprinted under license or express permission from the California Land TIUe Association. Order No. 00764477-993-IET-SAD SCHEDULES (Continued) Policy No. CA-FAIN-IMP-72G28-1-20-00764477 8. All easements, offers and dedications as shown on the official map Parcel Map of: 16317 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: San Diego Gas and Electric Company Public utilities June 00, 1970 102775, of Official Records A portion of said land 10. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map/plat Affects: El Camino Real 11. The matters set forth in the document shown below which, among other things, contains or provides for: certain easements; liens and the subordination thereof; provisions relating to partition; restrictions on severability of component parts; and covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Entitled: Recording Date: Recording No: Declaration of Covenants, Conditions and Restrictions For Carlsbad Research Center April 22, 1982 82-114942, of Official Records Said document was re-recorded May 12, 1982 as Instrument No. 82-1141190 of Official Records. A first amendment recorded December 10, 1987 as Instrument No. 87-682096 of Official Records. A second amendment recorded January 19, 1988 as Instrument No. 88-24160 of Official Records. A third amendment recorded June 29, 1988 as Instrument No. 88-313420 of Official Records. A first amendment to the third amendment recorded June 1, 1995 as Instrument No. 95230848 of Official Records. A fourth amendment recorded September 18, 2001 as Instrument No. 2001-671492 of Official Records. A first amendment to the fourth amendment recorded February 8, 2012 as Instrument No. 2012- 73464 of Official Records. A second amendment to the fourth amendment recorded April 14, 2014 as Instrument No. 2014- 349821 of Official Records. 72G28 CLTA Guarantee Form No. 28 (06-05-14) Page 7 Condition of Title Guarantee ® C.llfomla Land Title Anoclatlon. All rights reserved. The u&e of this Form is reatrlcted to CL TA subsaibeni in good standing as of the date of uae. All other uaes are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 00764477-993-IET-SAD SCHEDULE B (Continued) Policy No. CA-FAIN-IMP-72G28-1-20-00764477 12 Abutter's rights of ingress and egress to or from El Camino Real have been dedicated or relinquished on the map of Tract Map No. 10330 ofTract Map recorded February 18, 1982. 13. 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 and Electric Company Public utilities August 17, 1982 82-253862, of Official Records A portion of said land The exact location and extent of said easement is not disclosed of record. 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: San Diego Gas and Electric Company Public utilities May 22, 1985 85-180315, of Official Records A portion of said land 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: Costa Real Municipal Water District Conduits and cables for power transmission and communication purposes together with the right of ingress thereto and egress therefrom March 10, 1986 86-092689, of Official Records A portion of said land 16. 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 and Electric Company Public utilities March 27, 1986 86-117549, of Official Records A portion of said land 17. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: October 30, 1987 Recording No: 87-614047, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 72G28 CLTA Guarantee Fonn No. 28 (06-05-14) Page 8 Condition of Title Guarantee © California Land Title Association. All rights reserved. The use of this Fonn 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 pennisslon from the Califomia Land Title Association. Order No. 00764477-993-IET-SAD Policy No. CA-FAIN-IMP-72G28-1-20-00764477 SCHEDULE B (Continued) 18. 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: Carlsbad Research Center, a California general partnership Ingress, egress and utility December 5, 1988 88-622316, of Official Records A portion of said land 19. Matters contained in that certain document Entitled: Recording Date: Recording No: Covenant for Easement for Drainage, Parking and Access and Incidental Purposes September 17, 1990 90-507856, of Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 2 20. Matters contained in that certain document Entitled: Recording Date: Recording No: Covenant for Easement for Drainage, Parking and Access and Incidental Purposes September 17, 1990 90-507857, of Official Records Reference is hereby made to said document for full particulars. Affects: Parcel 1 21. 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 WFS (Republic) Inc., a Nevada corporation Sunrise Medical, Inc., a Delaware corporation July 5, 1994 1994-0422076, 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. 22. 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: City of Carlsbad Public street and public utility March 27, 2006 2006-0210267, of Official Records A portion of said land over Parcel 1 72G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee C Cellfomla Land Title Auoclatlon. All rights reserved. Page9 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. Order No. 00764477-993-IET-SAD SCHEDULE B (Continued) Policy No. CA-FAIN-IMP-72G28-1-20-00764477 23. An unrecorded lease with certain terms, covenants, conditions and provisions as set forth therein as disclosed by a document. Lessor: Lessee: Disclosed By Recording Date: Recording No: KW Fund I -Carlsbad 1 LP Havas Edge LLC Notice of Non-Responsibility August 26, 2014 2014-0367293, 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 24. Any rights, claims or interests that may exist or arise by reason of the following facts disclosed by a map dated May 21, 2015 last revised June 12, 2015 of an ALTA/ACSM Land Title Survey completed May 20, 2015 prepared by or under the responsible charge of Armando D. DuPont LS 7780, of/for Cal Vada Surveying, Inc., Project/Job No. 15363. A. Concrete ramps on Faraday Avenue extend 2.88 feet and 3.19 feet onto surveyed property. B. Curbs extend across the west line of surveyed property. C. A chain link fence on the northwesterly adjoining property extends 4.43 feet onto surveyed property. D. A block wall on the northwesterly adjoining property extends 0.87 feet onto surveyed property. E. A transformer on the southwest side of El Camino Real extends 0.2 feet onto surveyed property. F. An iron fence concrete on the easterly adjoining property extends 2.97 feet onto surveyed property. G. A brick wall on surveyed property extends 0.89 feet onto the southeasterly adjoining property. H. An electric vault on the north side of Faraday Avenue extends 0.26 feet onto surveyed property. I. A concrete slab on the north side of Faraday Avenue extends 1.00 feet onto surveyed property. J. A telephone box on the north side of Faraday Avenue extends 0.89 feet onto surveyed property. 25. Matters contained in that certain document Entitled: Dated: Executed by and between: Recording Date: Recording No: Median Maintenance Agreement November 18, 2018 Carlsbad Research Center, a California Common Interest Development company and City of Carlsbad, a municipal corporation December 9, 2014 2014-0542598, of Official Records Reference is hereby made to said document for full particulars. 72G28 CLTA Guarantee Form No. 28 (06-05-14) Page 10 Condition of Title Guarantee © Callfomla Land Title Association. All rights reeerved. The use of this Form Is restricted to CLTA 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. Order No. 00764477-993-IET-SAD SCHEDULE B (Continued) Polley No. CA-FAIN-IMP-72G28-1-20-00764477 Matters contained in that certain document Entitled: Dated: Executed by and between: Recording Date: Recording No: Ratification of Amendment No. 1 to Extend The Median Maintenance Agreement With Carlsbad Research Center December 19, 2019 The City of Carlsbad, a municipal corporation and Carlsbad Research Center, a California Common Interest Development company August28,2020 2020-0494954, of Official Records Reference is hereby made to said document for full particulars. 26. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: $14,450,000.00 September 1, 2015 RREF II One Research , LLC, a Delaware limited liability company Chicago Title Insurance Company NXT Capital, LLC, a Delaware limited liability company, its successors and assigns September 2, 2015 2015-0464544, of Official Records An assignment of the beneficial interest under said deed of trust which names: Assignee: Recording Date: Recording No: NXT Capital Funding II, LLC October 16, 2015 2015-0542181, of Official Records 27. A financing statement as follows: Debtor: Secured Party: Recording Date: Recording No: PREF II One Research, LLC NXT Capital, LLC September 14, 2015 2015-0482922, of Official Records+ A change to the above financing statement was filed Nature of Change: Recording Date: Recording No: Assignment October 12, 2015 2015-0533627, of Official Records 28. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement January 14, 2016 2016-0017023, of Official Records Reference is hereby made to said document for full particulars. 72G28 Cl TA Guarantee Form No. 28 (06-05-14) Page 11 Condition of Title Guarantee © Cellfomla Land Tltle Anoclatlon. 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 Callfomia Land Title Association. Order No. 00764477-993-IET-SAD SCHEDULE B (Continued) Policy No. CA-FAIN-IMP-72028-1-20-00764477 29. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement January 14, 2016 2016-0017146, of Official Records Reference is hereby made to said document for full particulars. 30. Matters contained in that certain document Entitled: Recording Date: Recording No: Permanent Stormwater Quality Best Management Practice Maintenance Agreement January 14, 2016 2016-0017153, of Official Records Reference is hereby made to said document for full particulars. 31. Matters contained in that certain document Entitled: Recording Date: Recording No: Encroachment Agreement June 23, 2016 2016-0310791, of Official Records Reference is hereby made to said document for full particulars. 32. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: $12,150,000.00 July 26, 2018 CEI Office Fund 8 LLC, a California limited liability company Chicago Title Company The Northern Trust Company, an Illinois banking corporation July 27, 2018 2018-0306894, of Official Records 33. 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: Notice Non-Responsibility CEI Office Fund 8, LLC and Unire Real Estate Group, Inc. Jennifer Kalia -Overlie and Mark Brewer January 17, 2019 2019-0018521, 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. 72028 CLTA Guarantee Fonn No. 28 (06--05-14) Page 12 Condition of Title Guarantee © CalHornla Land Title Association. All rights reserved. The use of this Fonn is restricted to CL TA subsaibers In good standing as of the date of use. Ail other uses are prohibited. Reprinted under license or express pennission from the California Land Title Association. ' ' . Order No. 00764477-993-IET-SAO SCHEDULES (Continued) Policy No. CA-FAIN-IMP-72G28-1-20-00764477 34. The following matters disclosed by an ALT A/NSPS survey made by AEI Consultants on July 2, 2018, designated Job No. 389875: a.) the fact that the concrete walk encroaches onto the property, and b.) the fact that the wall encroaches onto the adjoining property 35. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 36. Matters which may be disclosed by an inspection and/or by a correct ALT A/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 37. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 72G28 CLTA Guarantee Form No. 28 (06-05-14) Page 13 Condition of Title Guarantee C> Callfomla Land Title Association. All rights reserved. The use of this Form Is restricted to CL TA subsaibers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the Califomia Land Title Association.