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Home My WebLink AboutCUP 00-20; WESTBLUFF PLAZA PCS; Conditional Use Permit (CUP)'V CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) O Administrative Permit - 2nd 0 Planned Industrial Permit Dwelling Unit O Administrative Variance 0 Planning Commission Determination O Coastal Development Permit 0 Precise Development Plan Conditional Use Permit 0 Redevelopment Permit O Condominium Permit 0 Site Development Plan O Environmental Impact 0 Special Use Permit Assessment O General Plan Amendment 0 Specific Plan O Hillside Development Permit 0 Tontativo Pored Mop Obtain from Engineering D.palm.nt O Local Coastal Plan Amendment 0 Tentative Tract Map 0 Master Plan 0 Variance O Non-Residential Planned 0 Zone Change Development O Planned Development Permit 0 List other applications not (FOR DEPARTMENT USE ONLY) 2) ASSESSOR PARCEL NO(S).: 215-052-07 3) PROJECT NAME: Westbluffplaza 4) BRIEF DESCRIPTION OF PROJECT: Wireless telecommunication facility 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) Westbluff Associates, LTD Pacific Bell Wireless MAILING ADDRESS MAILING ADDRESS 2046 East Murray-Holladay Road Ste. 200 6170 Cornerstone Ct., #180 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Salt Lake City, UT 84117 San Diego, CA 92121 (619)917-870 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORI3EGT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND )iOWLEDGE-) 1 CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE - DATE 7) BRIEF LEGAL DESCRIPTION De V COO LH NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED,, MUST BE SUBTIED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form l8 PAGE 1OF2 1; ' 8) LOCATION OF PROJECT: 6986 El Camino Real STREET ADDRESS ON THE North I SIDE OF IAlca I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Dove AND Arena 1 (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I 10) PROPOSED NUMBER OF LOTS 11) NA NUMBER OF EXISTING RESIDENTIAL UNITS 12) PROPOSED NUMBER OF RESIDENTIAL UNITS NA 13) TYPE OF SUBDIVISION 14) NA PROPOSED IND OFFICE! SQUARE FOOTAGE 15) NA PROPOSED COMM SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 17) PROJECT IN OPEN SPACE 0 PROPOSED INCREASE IN ADT 18) PROPOSED SEWER USAGE IN EDU None 19) GROSS SITE ACREAGE 20) EXISTING GENERAL PLAN 21) C PROPOSED GENERAL PLAN DESIGNATION NA 22) EXISTING ZONING 23) C1Q PROPOSED ZONING No Ch1nge 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY-THAT IS THE SUBJECT OF THIS APPLICATION, I/WE CONSENT TO ENTRY FOR THIS PVI4I'OSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED APR 172000 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED TOTAL FEE REQUIRED RECEIVED BY: I DATE FEE FEE PAID RECEIPT NO. I I Form 16 PAGE 2OF2 a •i City , of Carlsbad DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. if a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Mark Appel Corp/Part Pacific Bell Wireless Title Director of Deployment Title Address Address 6170 CornerstoneC Ct. /1180 2. OWNER (Not the owner's agent) Provide the COM1LETE, 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 partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Whit Cluff Corp/Part Westbluff Associates, LTD Title Title Address Address 2046 E. Murray-Holladay Road #200 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 .1 3. NON-PROFIT ORGANIZATION OR TRUST r If any person identified pursuant to (1) or (2) above is a nonprofit organ izatjon or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust_________________ Title Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes 7 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. See attached LOA Signature of owner/date Signature of applicant/date Westbluff Associates, LTD Pacific Bell Wireless Print or type name of owner Print or type name of applicant Signature of applicable/date Darrell Daugherty Print or type name of owner/applicant's agent RECEIVED APR 17 2000 CITY OF CARLSBAD PLANNING DEPT. H:ADUIN\COUNTERDISCLOSURE STATEMENT 5198 Page 2 of 2 / 6170 Cornerstone Court. Suite 180 San Diego, Cahfocma 92121 PACIFICDBELL. Wireless May 25, 1999 To: All Cities and Agencies From: Mark A. Appel, Director of Deployment & Operations Re: Letter of Authorized Agents Pacific Bell Wireless, Inc. The below named representatives are hereby authorized to act as an Agent on behalf of Pacific Bell Wireless (PBW) in obtaining planning, building and related permits. This authorization is applicable to any and all matters, including public hearings, affecting PBW land use entitlement applications in all jurisdictions throughout San Diego and Imperial Counties. Please direct project related correspondence to the firm and the representatives listed below: Authorized Representatives: PlanCom, Inc. 302 State Place Escondido, CA 92029 619-917-8703 760-735-9413 fax Darrell W. Daugherty Suzanne Buckmelter Authorized By: RECEIVED / 17 2000 CITY OF CARLSBAD PLANNING DEPT. rk A. Appel irector of Deployment & Operations Pacific Bell Wireless PACIFIC IBELL Wireless Date: Site# SD-367-02 46 RECEIVED t-?T. 17 20M CITY OF CARLSBAD PLANNING DEPT. To: City of Carlsbad Planning Department Re: Letter of Authorization Pacific Bell Wireless - Communications Facility I, the owner/agent of the below described property, do hereby appoint Pacific Bell Wireless my agent for the purpose of consummating any application necessary to ensure their ability to use the property for which PBW is negotiating a lease for the purpose of constructing a wireless telecommunications facility. I understand that this application may be denied, modified, or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Property Address: 6986 El Camino Real Carlsbad, CA 92009 APN: 215-05-07 By:_________________ Signature Dfite CzZ)/ 1r t/'rry Print Name & litle •( PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Westhiuff Plaza APPLICANT NAME: Pacific Bell Wireless Please describe fully the proposed project. 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. Please see attached project description. RECEIVED APR 17 2000 CITY OF CARLSBAD PLANNING DEPT. P. *M v. 49j . . PACIFIC BELL Wireless PROJECT DESCRIPTION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD-367-02 Westbluff Plaza 6986 El Camino Real Carlsbad, CA 92009 RECEIVED Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 i 172000 CITY OF CARLSBAD PLANNING DEPT. Prepared by: PlanCom, Inc. Contractor Representatives for Pacific Bell Wireless 302 State Place Escondido, CA 92029 (619) 917-8703 Contact: Darrell Daugherty, Planning Consultant March 22, 2000 Project Description (SD-367-02) Page 1 03/22/00 . . PACIFIC VAX BELL Wireless INTRODUCTION Pacific Bell Wireless (PBW), a.k.a. Pacific Bell Mobile Services, was established in 1994 as the wireless subsidiary of Pacific Bell. PBW is a registered public utility and is developing an all-digital wireless network throughout California and Nevada. In March of 1995, PBW was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, PBW formally unveiled its San Diego PCS Market to officially launch the first PCS service to the residents of the State of California. Since the initial market launch of PBW's "Pure Digital PCS" network, design engineers at PBW have had the opportunity to assess network performance and quality vis-à-vis real market data and conditions. At present, PBW is experiencing both capacity and coverage deficiencies in the vicinity of the subject site. In an effort to respond to these network needs and to ensure customer satisfaction, PBW is seeking approval from the City of Carlsbad for a new site at 6986 El Camino Real in the Carlsbad community. BACKGROUND PCS is a rapidly evolving digital technology that is changing the future of telecommunications through easy-to-use, lightweight, and highly mobile communications devices including: portable phones, pagers, computers, and personal digital assistants. PCS provides voice and data capabilities for customer's communications needs virtually anywhere and at any time. The PCS network being developed by PBW differs from typical cellular networks In that it uses state of the art digital technology versus traditional analog cellular systems, which have been in use since the early 1980's. The benefits include an eight-fold increase in channel capacity, call privacy and security, improved voice call quality and an expanded menu of affordably priced products and services for personal and professional communications needs. The PCS network is designed for much broader consumer application. In addition to providing users with the convenience and benefit of "virtual office" capabilities, PCS will serve to enhance personal safety and security. With the PCS network in place, individuals will have the ability to communicate during emergency situations and/or when circumstances preclude them from utilizing a conventional landline telephone. Project Description (SD-367-02) Page 2 03/22/00 . . PACIFIC BELL Wireless The wireless industry has undergone tremendous growth worldwide. Studies indicate that by the end of 1999 there will be over 122 million wireless subscribers in over 125 countries throughout the world, and that by 2003 nearly one out of every two individuals in the United States will be utilizing some form of wireless device. SITE CHARACTERISTICS The proposed property is located at 6986 El Camino Real, just north of Alga. The underlying zoning of the proposed site is C-1-0. Currently the sites use is a shopping center. The proposed facility will be located on the existing building faces. The area surrounding the proposed project consists of vacant land, and commercial buildings. PROJECT OVERVIEW Pacific Bell Wireless is proposing an installation of a Base Transceiver Station. Six (6) antennas arranged in three sectors, two sectors of two antennas each façade mounted to existing building walls and one sector of two antennas mounted inside a new dormer structure on the existing roof. Please see the site plan for a more detailed representation of the antenna location. The supporting equipment will consist of the following: two (2) self-contained, all- weather Base Transceiver Station (BTS) cabinets—one primary and one future, one (1) electric meter panel, and one (1) telephone interface. Each of the BTS units will measure approximately 51" wide x 28" deep x 63" tall, and will contain the electronic equipment necessary to operate the facility. The cabinets will be on a concrete pad on grade inside an 8'-O" high slump block enclosure. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to PBW for the provision of PCS. The proposed communications facility will transmit at a frequency range of between 1850 MHz and 2100 MHz. The power required to operate the facility typically does not exceed 200 watts per channel, and thus, the PBW facility is by design a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non- ionizing waves generated at less than one (1) microwatt per square centimeter, which is Project Description (SD-367-02) - Page 3 03/24/00 . . PACIFIC WAV BELL® Wireless significantly lower than the FCC standard for continuous public exposure of 900 microwalts per square centimeter. Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the facility will be serviced by a PBW technician on an as-needed basis. Generally, this is likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, PBW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION PBW engineering, planning, and leasing staff have been working to improve, enhance, and expand the Pure Digital PCS network throughout the County of San Diego as well as to other underserved regions of southern California. Like existing cellular systems, PCS will employ a network of transmit/receive stations ("cell-sites") that carry and "hand-off" signals as the user moves from one area to another. As the user moves from one cell area (the area where a base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these signal variations and automatically hand the signal off to an available channel as the user moves between cell areas. The network of PCS cell sites throughout the region is 'locational dependent", meaning that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system or areas where a continuous signal cannot be maintained, and may necessitate significant design changes or modifications to the PCS network. PROJECT )usnFIcxrxoN As noted, Pacific Bell Wireless is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the State's Public Utilities Commission (CPUC), and authorized to develop and operate a new wireless, digital PCS network throughout California and parts of Nevada. PBW engineers responsible for the overall design and operation of this new PCS network want to ensure that network coverage is available throughout the County of San Diego. The proposed site location is essential to meeting the network's current capacity and coverage needs in this area. At present, there is very little or no PCS network coverage to the roadways and homes Project Description (SD-367-02) Page 4 03/22/00 . . PACIFiC UV BELL Wireless located in this portion of the County of San Diego. The proposed facility is intended to address this need, and by design will interface with neighboring sites to provide high quality, consistent network operations to PBW customers. PLANNING/ZONING CONSISTENCY The location, size, design, and operating characteristics of the proposed communications facility will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity. The following supports this determination: 1. The equipment associated with the communication structure operates quietly or virtually noise free. 2. The equipment does not emit fumes, smoke, dust, or odors that could be considered objectionable. 3. The communications facility is unmanned and only requires periodic maintenance, which equates to approximately one vehicle trip per month. Further, the proposed communications facility will not result in conditions or circumstances contrary to the public health, safety and welfare, in that: 1. The proposed PCS communications facility will operate in full compliance with the U.S. standards for radio frequency emissions as adopted by the FCC. 2. The radio frequency emissions emitted by the proposed PCS facility will fall within the portion of the electromagnetic spectrum, which transmits non- ionizing radio waves. Non-ionizing electromagnetic emissions, at the low levels associated with this type of wireless technology, are not harmful to living cells. Among the items that result in non-ionizing electromagnetic emissions are police/fire/EMS radios, television broadcasts, CB radios, microwave ovens, and a variety of common household electronics including garage door openers and baby monitors. Conversely, items that transmit ionizing electromagnetic emissions include ultra-violet light, medical x-rays, and gamma rays. 3. Data currently available on the effects of electromagnetic transmissions on public health indicate that there is not the likelihood of negative impacts to public health and safety. Project Description (SD-367-02) Page 5 03/22/00 PROJECT SUMMARY *0001(04*7* 00197* 40701 *0*1410 *400 6780*0* 09*?. *101*440 0, 00*0(0 111119 0*04*6*0*08100011100 OW1ILOI *00? 111*00 *000* 47704 17*. *0*4 0411 04*0*! *040*0 *0*0. 01*0* 11* 14*7 5141 100*, 0140 4*051 P*ojreT 000094008N 147400 00 OHMS 717600110*9 10*1111* 00 4 60*10177 V. 00041*97 101*0 IN IV-&- *10* 0*410 0*6*0 00*00000 10701* 09 *010*4*0 *05440019 0 *000 10*70*0. 7*0 00*70*0 00 1100 4*10*00* 6*4* 04010* 0*1*1(1 70 000110*0*1*11* $0511 *0* *400 0600*0 If 005 *47(050*0 *040*7(0 109*0 * 0110 000040 010000*40 774 (00100011Sf 0.10*0. 001(01000100: "IT 94911*009 0*0111 010 PAWL 110*0 0041. OF (401 107* 0* 4*06*0. 410*77 0* 10*4 0440, 17*11 01 14*00*40, 0*50 10 104 *0410 *0 074 0*40*1 0*001101 00 0110 1040*1?. 4*9*01 II, 1171 0* fIll 004 71.104711 If 100614*00096* 0040JLCT *509(555 11*44 10 114406014 00010*0,64 0*40 0.10(1*09* 00*4(0. #714)0(6? *11-000-01 (00*00*0 7000005* 0-0.4 TOTAL SITE *004*7 00I1111000 PROPOSED PROJECT AIItAl 0600* TYPE OF CONSTRUCTION 0*1 0*0001(0 QCC500A4001 I CONSULTANT TEAM AOCI*Il(CTo HII0011000000WWI 9006*00100 0* KAPPIPAII PH 090 *00? 1*1*6*1*, 0* 11011 1700) 111-1114 (7000 *11-0100 (0405 (0100)91001, 60*l%U01TAMTI 94*759 I (*0*. 0*0*110 60*400 • 9* 006* "non" 0*0Non, 1*, 0600* (*0*1 11*1141 *049* 1I*1Id 70*01 *70001010*001 401010LTAWYs "Amor V. 711*00. 1(0*711*04 low" III 0000 00900 51*0., 11110 000 0006 10*01*04 0* 16*0 110*) 7*4-0*06 (104) 7*4-400* (A05 00*vEw9* 0*1010*11* 0400*064 0 1*5*900 (III *1*709 *0000*, 00*704 090 14$ CA 51010 (*4*) 000-10*0 (000) 00044?) (004) 44*0000094 I 91100110 :B =%&L PACIFIC BELL ® Wireless WEST BLUFF PLAZA 6994-B EL CAM INO REAL CARLSBAD, CA 92009 SD-367-02 VICINITY MAP SflE 06*017001004 040*005 0*4001 0*01 (*07. (0 0001(51 ""-I It 0*060104 006000, 0* *000* C0000I$AT15 *3) o(4*0 040011(4 r U' H 0*41* 1106001- Hr IV 101 0*0T ACCESSIBILITY DISCLAIMER 7001 7*010010 90*1*40041*007160 P40 100116*0641010*04*011! *410,060*0*SOH *0077(0 1*71001*000 00110 1701 0*0001* 6*90*10*0? 0* 1410 1011! *01*07Th. o 000011 0170* 6041*10 *40*60 60*601*010*0 RECEIVED t--.R 172000 CITY OF CARLSBAD PLANNING DEPT. SHEET SCHEDULE T'I 17010 04*0? A-0 *071 9040 *09 6044*41 00*06040*0 A-i 9441046 1071 914* *4* 071 (*0*04*1 94.1* 0.-2 1011000* 11(40*704*4 A-S .110*2 APPLICABLE CODES 4(4.1*0 09001 *01*10000* 044 000*0006 409*01*005 (004 (MV*I*4* 67*7* #2104*6 0004. 70406 0* 5000*0* 0*57000 0*41. III? (6000 1*00400 01100*10100 *4700*6* *441994WC4l*900010000fill 40709* 0*700*04 00*00408 0*04, 40041*0*0 04104 0901 01000447.00 *0*? 0*11*10! 1*50 (4*11*0*1*04 00 001004049 00010 PACIFIC N BELL. *010 00*100 5. 000000740 6010* PIX*1*J17066.4*040040000 04401 = N = *60006*011 SI' 4060000 05 mmwm 0* P00.1CC? 964* WEST BLUFF PLAZA P00*400*10011 SD-3e14 $014-I IL (10009 01* 004*110*0'CA On" 9*0*06104 samommmom 11 000711 1l0u 061010 00010*1 iiom 00608 N 006401 (TILT TflLE *W pio.mar DATA I 40009.0000906004.000 -60- -. 1-1 ii + - -~-- I 1- *rn -U z Ij I lip 9 Hall 'I I! 4 j I at 4 * II !84 !g q 41 1IIfl4U ri b4 i 4 p11 1 1i I q 1!Id s!iii! LI iiI! 'h ! 1tdlJ1 ?J* iLL ?" I ri IU LI1 I!U I 0 II"2I I- I r- •f1 ijioI I S il'! 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CMtSI* $4111 .1 A$11V443 I, 11W an 11W IN U PIOJICT 10111 WEST ALUFF ""Cl PLAZA mummm 114 I II. 1011110 ICAL IA 11111 1011 1110 U 11*1111 MIII v,,m1111111 11OM U 11111 U pUr hILL IMArM U U A-2 V In,- EAST ELEVATION ao*,s w.i'e J PitOPOliNCNIitktO*Zf vm j / cTmciau.o, • P 1 L_çr !I'q r !I II : IM H I [V H ; rz it T N It o I I 1 r :1 u I' II• j;;ii" ____ - Ell 11 N hilt ! zz Ilk pi j1 i1!fl 1E!!Il r!!I Ii _iIIi Ii I I i I • If I .' 2 •!; I . ' 2 - a h - I- \ - 1 1 /7 LU Cc g COTTON I k I CANNAS j &1c / lid t ENrs CARACOL LLJ ( MALL0 LLJ IHUMMINGBIR!)' 1&OO \ / \COLBR I k 4 \ / . ABANQ • I I \ \\ VIANDA / / N I- / '\\ 0119/ "^119 \ \ \ %O \4 Al 7eA U\-" ANQA ' PACIFlc t:t eELL® Wireless PHOTO STUDY PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD-367-02 Westbluff Plaza 6986 El Camino Real Carlsbad, CA 92009 Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 Prepared by: PlanCom, Inc. Contractor Representatives for Pacific Bell Wireless RECEIVED I.PR 1 7 2000 CITY OF CARLSBAD PLANNING DEPT. Contact: Darrell Daugherty, Planning Consultant (619) 917-8703 Photo Study (SD-367-02) 03/20/00 March 20, 2000 Pagel PACIFIC l!t BELL® Wireless Project Site and Surroundings -6986 El Camino Real Photo Study (SD-367-02) 03/20/00 i:1 ... -• "'" . " ' . View #1 -Looking down on to proposed BTS location ---~ "' ------ View #2 -Looking north at proposed sector "C" Page 2 PACIFIC t:~ BELL., Wireless Project Site and Surroundings -6986 El Camino Real Photo Study (SD-367-02) 03/20/00 View #3 -Looking southeast at proposed sector "A" View #4 -Looking west at proposed sector "B" Page 3 ·•~.' .. ,, .. , ml PACIFlc t:teELL® Wireless Project Site and Surrou'ndings -6986 El Camino Real Photo Study (SD-367-02) 03/20/00 View #5 -Looking northwest at proposed BTS location Page 4 R-14- 13:47 •4154E71 0 Fidelity National Title Company RECEIVED PRELIMINARY REPORT AP 17 2000 CITY OF CARLSBAD PLANNING DEPT. in response to the application for a policy of title insurance referenced herein, FicieJity National flUe Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in ExhiM A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the We insurance policy and should be carefully considered. It Is important to note that this pr.ffmlnary report is nor a written representation as to the condition of We and may not fist all lens, defects and encumbrances affecting titl, to the leV7d. T - III f!%ArrEtr Cou .mgn.d FFR 14-M 13:47 •4194678ø1 40 Fidelity National Title Company 2163 CwTno 0.1 Rio South * Sun Di.,go, CA 92109 (916) 295.7332 . FAX (619) 297-2213 PRELIMINARY REPORT ORDER NO: 00-145977 TITLE OFFICER: Dave Simon / (619-725-2100) TO: SCI 9865 Mesa Him Road, 'Suite 201 San Diego, CA 92121 ATTN: Tim Parker YOUR REFERENCE.: SD367-03 SHORT TERM RATE: No PROPERTY ADDRESS: 8986-6996 El Camino Real, Carlsbad, California EFFECTIVE DATE Match 21,2000,07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is. California Land Title Association Standard Coverage Policy - 1990 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Westbluff Associates, Ltd., a Utah Limited Partnership 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF CARLSBAD, IN TjIE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT 'ONE" ATTACHED HERETO AND MADE A PART HEREOF CY\VB 0411312000 1 R-14-Ø 13:47 •4113413-M1 P:04 Order No. 00-145977 EXHIBIT "ONE Parcel 2 of Parcel Map No. 9043, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 14, 1979. Assessor's Parcel No: 215-052-07 2 R-14- 13:47 •414G71 Order No. 00-145977 AT THE DATE HEREOF. ITEMS TO SE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: Property taxes, which are a hen not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2000-2001. Property taxes, including any personal property taxes and any assessments collected with tax", for the fiscal year 1999-2000, Assessor's Parcel Number 215-052-07. 1. PA Code Area Number: let installment: 2nd Installment: Lend: Improvements: Exemption: Personal Property: 09038 454,981.03 Paid $54,981.03 Open $3,741,s72.00 *5,668109.00 *None *20,705.00 Supplemental assessment for 1998-1999 Bill No.: 1st Installment: Must be paid by: 2nd Installment: Must be paid by: 889-590-75-98 $11,428.14 December 10. 1999 $11,428.14 April 10, 2000 4. The hen of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 ICommencing with Section 75) of the Revenue and Taxation code of the State of California. 5. Recitals as shown on that certain Map referred to in the legal description herein, which among other things contains various provisions pertaining to the improving or developing of the herein described lend Reference is made to said Map for full particulars. 6. The fact that the right to excavate and to extend drainage structures and embankment slopes beyond the limits of the street or highway named below, where required for the construction and maintenance thereof, has been granted in a document; Street/Highway: Record of Survey 682 Granted to: County of San Diego Recorded: September 25, 1951, Book 4244, Page 418 of Official Records Reference is made to said document for full particulars. 3 71 P: ØE ApR-14-g 13:47 4146 lM$: (Contl1 145g77 $lope beyond the limits The f. Order No. O that the right to order to extend drainage *tflJctijr5 and embankment of the Meet or highway named below, requjr for the construction and maintenancether has where granted in a docum; StreeuF ghwy . to: ES Camino Real County of San Dieg0 Recorded:Aug g S. 1969 Reference is made to said lfltfrument,, No. 142233 of Official Records document for full 8. The fect th at the right to excavate and to drainage structures and embankment alop beyond the limits of the streetor highway named below, required for the and marnteflanc, thereot construction Stre has been granted in , document; atJ.ighw y El Camino Real Granted to: County of San Diego July io, 1970, Instrument/FileNø, 121184, Of Reference J made to Said do,,) cu,nt for full particulars Dffici& Records 9. Matt. contaed in that ceflh_j document entitled 'Grant of Easements and Agreement for Maintenance of Paf*Jng Areas, Driveways, end LandscapedAreas dated August 21. 1979, executed by and between MolaDevelopmentCorporation,a California Carpora0 and Beverly Hills F ederal Savings and Loan Association,a Savings and Loan Associatio n of Official Records. recorded August 24, 1979, Instrument No. 79-358085 Reference is hereby made to said document for full particulars. 10. The fact that 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 relinquithed by the document, Recorded: November 14, 1 9713, Instrument N. 78492042, of Official Records Affects: El Camino Real 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: San Diego Gas and Electric Company Purpose: Public utilities Recorded: December 11, 1979, Instrument No. 79-519005, of Official Records Affects: As shown in said document. The exact location and extent of said easement is not disclosed of record. Reference is made to said document for full particulars. 4 FIPR 13:47 0 41467801 P:07 ITEMS; (Continued) Order No. 00-145977 12. Easemeifl(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The Pacific Telephone and Telegraph Company Purpose: Public utilities Recorded: February 11, 1980. Instrument No. 80-047953, of Official Records Affects: As shown in said document. The exact location and extent of said easement is not disclosed of record. Reference Is made to said document for full particulars. 13. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are set forth in unrecorded leases, with certain terms, covenants, conditions and provisions set form therein as disclosed by various documents of record. 14. Easement(s) for the purpose(s) shown below and rights incidental thereto as Wanted in a document Granted to: Costa Real Municipal Water District Purpose: Underground utilities. Recorded: March 28, 1980, Instrument No. 80.107961, of Official Records Affects; As shown in said document. Reference is made to said document for full particulars. 15. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to; Costa Real Municipal Water District Purpose: Underground utilities Recorded: April 15, 1982, Instrument No. 82-105098, of Official Records Affects: As shown in said document. Reference is made to said document for full particulars. 16. Matters contained in that certain document entitled Agreement Regarding Recognition of Parking Rights- dated None shown, executed by and between La Jolla Bank and Trust Company. a California Banking Corporation, Beverly Hills Federal Savings and Loan Association and Mola Development Corporation, a California Corporation recorded June 23, 1981, Instrument No. 81-196402, of Official Records. Reference is hereby made to said document for full particulars. 17. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $5,865,000.00 Dated: October 31, 1986 Trustor: Westhiuff Associates. Ltd., a Utah Limited Partnership Trustee: Coastline Service Corporation, a California Corporation Beneficiary: Charter Savings Bank, a California Corporation Loan No.: None shown Recorded: October 31, 1986, Instrument No, 86-498409, of Official Records 5 FFR-14- 13:47 4 419585467901 ITEMS: (Continued) Order No. 00-146977 18. An assignment of all moneys due, or to become due as rental or otherwise from said land, to secure payment of an indebtedness. shown below and upon the term and conditions therein Amount: $6,865.000.00 Assigned to: Charter Savings Bank, a California Corporation By: Westbtutf Associates, Ltd.. a Utah Limited Partnership Recorded: October 31, 1986, Instrument No. 86-498410, of Official Records An Assignment of Assignments of Rents and/or Leases and/or Profits Assigns to Bank of America National Trust and Savings Association, as Trustee under that certain Pooling and Servicing Agreement dated as of the 1st day of November 1992, for RTC Commercial Mortgage Pass-Through Certificates, Series 1992-CS, recorded February 23, 1993 as File No. 1993-0112883 of Official Records. An Assignment of Leases, Deposits and Name, by Charter Savings Bank, a California Corporation to Westhiuff Associates, Ltd., a Utah Limited Partnership, recorded October 31, 1986 as File No. 86-498411 of Official Records. An assignment of the beneficial interest under said deed of trust which names: Assignee: Bank of America National Trust and Savings Association, as Trustee under that certain Pooling and Servicing Agreement dated as of the 1 St of November, 1992. for RTC Commercial Mortgage Pass-Through Certificates, Series 1992-CS Loan No.: None shown Recorded: February 23, 1993, Instrument/File No. 1993-0112884, of Official Records An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Westbluff Associates, Ltd., a Utah Limited Partnership and Bankers Trust Company of California. N.A., as Successor in Interest to Sank of America National Trust and Savings Association, as Trustee under that certain Pooling and Servicing Agreement dated as of November 1, 1992, for RTC Commercial Mortgage Pass-Through Certificates, Series 1992-C8 Recorded: November 25, 1997, Instrument/File No. 1997-0598081, of Official Records 19. A financing statement filed in the Office of the County Recorder, showing Debtor: Wesibluff Associates, Ltd., a Utah Limited Partnership and Compass Capital Corp. Secured Party: RTC as Receiver for Charter Savings Bank Date; None Shown No.; None shown Recorded; July 9, 1992, Instrument No. 1532-0430036, of Official Records An Assignment recorded February 22, 1993 as File No. 1993-0107534 of Official Records. 20. A financing statement filed in the Office of the County Recorder. showing Debtor: Westbluff Associates, Ltd., a Utah Limited Partnership and Compass Capital Corp. Secured Party: RTC as Receiver for Charter Savings Bank Date: None Shown No.: None shown Recorded: July 9, 1992, instrument No. 1992-0430037, of Official Records FFR 14-M 13:47 418585467801 13:09 •MS: (Continj Ord No. 0145977 Records. Assignment recorded February 22, 1993 as File No. 1993.0 107535 of cwffcial fleJ 21. A st&t*nvm filed in the Offi5 of the County Recorder, Debtor: W.atj)j Associates Ltd., Utah Umitj Partnershi p SSCUed Party: Bankers Company of Califor N.A., as Succ, in A*soc;a Pooling and' Raük Of AmericaNatjonai tjat Tr and Savings tj as Trusteefor Certificatsholders under that car,,1 Agreement dated and Date: eff None Shown' ivyr, 1992 relating to the Cammrcja; Mortg actj,as g0 of Pass-ThroUgh CCfl et Series 1992-cg No.: Recorded. None Novem, 25, 1997 t8trume N. Reco 1997.0598082 of Official 22. An uflr.rd.d lee,, with certain disclosed terms, t Set forth therein as disclosed by the docur COvez conditions a Entitled: Memorandum of Lease Lessor; WfMtbluff Associates a Utah Limited Partnership Lessee: Cox PCS Assets, L.L.ç, a Delaware Limited Liability Company Recorded. June 28, 1999, IflstfumentjFjle No. 1999-0447478 of Official Records END OF ITEMS Not. 1. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or SUb*crow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 2. The charge where an order is cancelled after the issuance of the report of title, win be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event Shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled no fee pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note 3. California Revenue and Taxation Code Section 15656. effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller ShOWS an out of State Address, withhold 3-1/3% of the total sales price as California State income Tax, subject to the various provisions of the law as therein contained. I R-14-00 13 47 418S467B01 P: 10 NOTICE IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought. sold or refinanced residential real property in the State of California between July 1, 1989 and February 28. 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Tide Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1 • 1989 and February 27. 1997, which was handled by one of the above listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary title report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release or obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. If you believe that you are entilled to benefits as a class member, please send your written requests or any questions concerning the foregoing to Janet Borack, Legal Department. Fidelity National Title Insurance Company, 17911 Von Karman Avenue, Suite 300, Irvine, California 92614. i a I I I . c a 1U I a'4"a I t I. i I 1 i ti Ij i Ii 4 I1L fit I L I IL a Han t [L IS MAL L it F hI I 1 8 II s.w L ! — EiLL; Ea t WR t JT 4 I"I' - q Alt 1 1111 IIHIFI i I. II i 1 L ''Ii t k t * I I. IL j41 it'll 1iiti1[flbu 1I 11 I - U 4u R SL L1 it U I1' I t 1 ih '111(1 I Ia I 11t I 1}t I I I I n 0 !, •, 1 31 L IIIitf 1' I a I r lit * at Ir I 0 0 I L H aL Fat I I f c a * 1' I I . PC 40. Pk I -u I-a R-14- 13:47 TO 18-9854E7901 EXHIBIT A (CONTINUED) AME*$CAN LAND TiTLE ASSOCIATION WAN POLICY (10-17-92) WITH A L.T.A. DON*eprr.foN 1 COVERAGE AND AI4F_PJCAN LAND TITLE ASSOCIATION LEASEHOLD WAN POLICY (10.17-92) WITH ALTA. Oq5aIT4:Ofi 1 covai* cxcwsaoiii WIOM cov P: 12 TI.. 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