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Home My WebLink AboutCUP 00-27; NEXTEL COMMUNICATIONS - FARADAY; Conditional Use Permit (CUP)MAR-15-2000 WED 04:29 PM CITY OF CARLSBAD -• FAX NO. 760 602 8558 P. 02 • f>J/',/, -•-J CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT use ONLY) USE ONLY! D Administrative Permit -2nd D Planned Industrial Permit Dwelling Unit □ Administrative Variance □ Planning Commission Determination □ Coastal Development Permit □ Precise Development Plan Er Conditional Use Permit cupoooz+ D Redevelopment Permit □ Condominium Permit □ Site Development Plan □ Environmental Impact □ Special Use Permit Assessment □ General Plan Amendment □ Specific Plan D Hillside Development Permit □ :;:eAta!i~e Pe,eel Me19 Obtain from Engineering Department □ Local Coastal Plan Amendment □ Tentative Tract Map D Master Plan □ Variance D Non-Residential Planned 0 Zone Change I I Development I ... , ____ □ Planned Development Permit □ List other applications not I j soecified 21 ASSESSOR PARCEL NO(S).: _...l,iQ.-... \....,J:'----...!/...lliJ;t....;.l'.)_-......i.0:....) _,'{ ______________ _ 3) PROJECT NAME: h,\E~rrL tuMMu1>1iLA:nws -FA:M.O/i:':/ 4) BRIEF DESCRIPTION OF PROJECT: A \d1f2.i-:Lt:;/i>) T6L-pc,0MMUN((A1lo/\}S ~/LtrY :a.as -·=== - 5) OWNER NAME (Print or Type) 6) APPLJCANT NAME (Print or Type) · \~\°'v\~@ ~~ .~~ LL l MAILING ADDRESS ou ' su,rc /0 <.J TELEPHONE CITY AND ST A TE TELEPHONE · L\S~ -'61fo 'SAN D1a,o qJ-itl Lt l CERTIFY THAT AM THE LEGAL OWNER ANO THAT AU THE ABOVe INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 5£6 L. o. (I. SIGNATURE DATE 71 BRIEF LEGAL DESCRIPTION I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE ANO CO.RRECT TO TH~E BEST OF MY KNOWLEDGE. /bfJ f'rJ..-1/v~'(JtttauJ J 'Lio Vil ~ \ ~11/ j/, fi /4 Sl<"iNATURE DA E / NOTE: A PROPOSED PROJECT REQUIRING MULTIPlE APPLICATIONS BE ALED. MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST SE SUBMITTED PRIOR TO 4:00 P.M. Xevcco?-9 Form 16 PAGE 1 OF .. nAl'(-10-~UUU WtV u4:~~ t'n lillY Ur liAl'(L;:jjjALJ r AX NU, I bU bUC::: l:!!:l!:ll:! r. Uj 8) 9) 10) 13) 16) 19) 22) --LOCATION OF PROJECT: ON THE BETWEEN £1\:oI (NORTH, SOUTH, EAST. WEST) (NAME OF STREET) - wA-Y STREET ADDRESS SIDE OF I VAN A-LL£({ WAY !NAME OF STREET) AND (NAME OF STREET! LOCAL FACILITIES MANAGEMENT ZONE ':) PROPOSED NUMBER OF LOTS [I] 11) NUMBER OF EXISTING [E] 12) PROPOSED NUMBER OF RESIDENTIAL UNITS RESIDENTIAL UNITS TYPE OF SUBDIVISION [clliJ 14) PROPOSED IND OFFICE/ ~ 15) PROPOSED COMM SQUARE FOOTAGE SQUARE FOOTAGE PERCENT AGE OF PROPOSED ~ 11> PRoPoseo 1NcREAse 1N I .ff / 1 a, PRoPoseD seweR PROJECT IN OPEN SPACE . AOT · USAGE IN EDU GROSS SITE ACREAGE jS&I 20) EXISTING GENERAL II[] 21) PROPOSED GENERAL PLAN PLAN DESIGNATION EXISTING ZONING l~Ml 23 ) PROPOSED ZONING ~ t ~ ~ ~ ~ 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 ANO ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT T_9..!NTRY FOR THIS PURPOSE~ SIG~= U~qs FOR CITY USE ONLY FEE COMPUTATION TOT AL FEE REQUIRED DATE FEE PAID Form 16 ~/ 1--10.001 l / ' (f)lVl[oo 1 '.Ld30 8NINNV1d avas,~v::> :10 A.uo oooz sz Nnr DATE ST ..aiAliO:RiiioN RECEIVED RECEIVED BY: RECEIPT NO. PAGE 2 OF --City of Carlsbad MA&i,ihi,t•l•l§•&i,iht§hl 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: 1 . APPLICANT List the names and addresses of all persons having a financial int,rest in the application. N £"-TEt. CAMM UN\C,fi1otJS vi/ 21 (0<1.uwa l\';U.E ➔ U£:. STu,~ l l/.A J( H 11 2. OWNER List the names and addresses of all persons having any ownership interest in the property involved. T\\E \Sw~ C#Ut>A:D Lf,C., 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to ( 1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. 2075 Las Palmas Or.• Carlsbad. CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 ~. 5. Have you had ntla than $250 worth of business tra.cted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve ( 12) months? 0 Yes @ No If yes, please indicate person(s): __________ _ Person is defined as "Any individual, firm, c~pannership, joint venture, association, social club, fraternal organization, corporation, estate, trust,.receiver,.syndicate,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."' NOTE: Attach additional sheets if necessary. Signature of owner/date Print or type name of owner Disclosure Statement 10/96 -SEE L:0-,4, ~~ lM~s /,-1f-o 0 Signature of applicant/date Print or type name of applicant . RECEIVED JUN 2 9 2000 CITY OF CARLSBAD PLANNING DEPT. Page 2 of 2 -- PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: ___ N_f __ 'f.. ___ n ___ e_L __ Q __ OM __ AA ___ U....,;N;....l:.,_lA .......... l ...... lO __ N __ .S ______ _ Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You m_ay 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. Rev. 4/91 RECEIVED JU;l 2-q !JOO CITY OF CARLSBAD PlANNING DEPT. £ \ -- NEXTEL COMMUNICATIONS, INC. DESCRIPTION OF PROPOSED PROJECT SITE CA7-410d, Faraday APN 212-120-04 The proposed communications .site is located at The Island@carJsbad, 5814 Van Allen Way, Carlsbad. CA 92008. Nex1:el proposes to construct, operate and maintain an unmanned. Enhanced Specialized Mobile Radio (ESMR} communications facility. This facility will consist of twelve (12) panel antennas, measuring one foot wide and four feet in length. The panel antennas will be mounted in an existing parapet wall behind a new fiberglass screen. The screening will be painted and tex1:ured to match the existing parapet wall. Nex1:el will also install a two hundred (200) square foot equipment building adjacent to the existing building. This proposed facility would he unmanned, operating 24 hours a day. The only visits to the site will consist of any emergency calls as well as regular maintenance visits once every four to six weeks. SYSTEM BACKGROUND INFORMATION Nextel Commumcations. Inc. has been authorized by the Federal Communications Commission (FCC) to construct and operate the first multi-purpose enhanced specialized mobile radio system (ESMR) in the United States. The system will provide superior service to the public in several ways: 1) it will be a fully digital alternative to current "cellular" telephone systems; 2) it will provide digital dispatch services to large fleet users (this "dispatch" service will make the system able to handle a one-to-many form of communications wherein one dispatcher can contact numerous mobile parties simultaneously); 3) it wil1 provide traditional paging services: 4) it will provide wireless data transmission. All of these functions will be available in one hand-held unit. HOW THE SYSTEM WORKS The service area is divided into a grid of theoretically hexagonal geographic areas. At the center of each area is a low power unmanned radio repeater station, which handles the calls to and from mobile customers within the area As a mobile customer moves from one area to another with a call in progress, the call is automatically 'handed off" to the neJ..1: repeater station, without interruption. Telephone line connections between repeater sites and the switching office, and from the switching office to the telephone company central office permit mobile customers within the serving area to utilize their mobile phones just as they would a home or office telephone, with direct dialing. SITE SUIT ABILITY This specific site was chosen based on its ability to provide needed wireless telecommunications coverage at the business park surrounded by El Camino Real. Faraday A venue and College Blvd. This site is necessary to provide uninterrupted service to mobile radio customers traveling from one area to another. PROPOSED USE OF FACILITY The project site location is in the C-T-Q/C-2-Q zone of the City of San Diego. Application is made pursuant to the City's General Plan and consistent with the Zoning Ordinance requirements. The proposed use of this communications facility will fulfill Nextel's and the community's need for digital mobile radio communication service in this area. This project will not adversely impact the community. .. ' - Page2 Nextel Communications Description of Proposed Project CA7-410d. Faraday HEALTH AND SAFETY - The proposed use of this project will not be detrimental to the health, safety and general welfare of persons residing or working in the area and will not adversely affect other property in the vicinity. BENEFITS TO THE CITY OF CARLSBAD Enhanced Specialized Mobile Radio (ESMR) provides better quality dispatch service through both its interconnect abilities and digital efficiencies. As discovered in the aftermath of the Northridge earthquake, the wireline telephones had inadequate capacity to serve the emergency crews. Nextel provided radios and service to the Red Cross to assist their operation in sheltering and feeding the families whose homes were damaged. ESMR provides emergency contact to 911; has authoriz.ation to provide emergency services during periods in which normal communications facilities are disrupted as a result of hurricane, flood, earthquake or similar disaster; and is authorized to transmit communications necessary for the implementation of civil defense activities as assigned by local civil defense authorities. > .,,,._ ~ • ::~~ NEXT=== ---------. --- -xtel Communications 5761 Copley Drive, Suite 100 San Diego, CA 92111 (619) 650-4200 Fax: (619) 650-4202 LETTER OF AUTHORIZATION FARADAY CA7-410d APPLICATION FOR ZONING/USE PERMIT I. Jack Naliboff. on behalf of the o,,'Iler of the below-described property, do hereby appoint NEXTEL OF CALIFORNIA. INC., a Delaware corporation, d/b/a Ne:x'tel Communications, my agent for the purpose of consummating any building or use permit applications necessary to insure Nextel' s ability to use the property for the purpose of constructing and operating a communications facility. I understand that this application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of b~·ldin permits. _ Nr£,,;1-;.t--AK:.rJt?N / "11-f-frr 1Jh '> f;Jv6j 1'1//r eo~-ri-r-vi.~ ,q,. '--~lz... ~--rn-t:,-ptlop Property Address: The Island@carlsbad, 5814 Van Allen Way, Carlsbad, CA 92008 Assessor~s Parcel Number: 212-120-04 Signature of Property Owner: Authorized Agent: Young & Associates, Inc. consultants to Nextel Communications, Inc. RECEIVED 2 t: 2000 ,,::,;ITY OF CARLSBAD PLANNiNG DEPT FARADAY PHOTOGRAPHS 5814 VAN ALLEN WAY PHOTO # 1 -LOOKING NORTH TOW ARD SITE PHOTO # 2 -LOOKING SOUTH TOW ARD SITE PHOTO # 3 -LOOKING EAST TOW ARD SITE PHOTO # 4 -LOOKING WEST TOW ARD SITE , 1 nn nv, '-' V..J -- ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: _______ _ DATE RECEIVED: _______ _ (To be t:ompll!lM by stafJ) BACKGROUND l. CASE NAME: hi\\.:. 'iff L -FA~BOA'( 2. APPLICANT: ~f-t_f(~ L C..0!.AA~\Al\l \~ti 1101~ S 3. ADDRESS AND PHONE l\"'1JMBER OF APPLICANT: ~3.id Co41L ~>l Dfl-l Vi: ' ';:AA\ ff \DO I S.A,1,,1 D 11; 60 )CA q1111 4. PROJECT DESCRIPTION: ~Lee tt':) ~ Sc~ f\TT8 Cd ~l1 \) 12-u, 1 c tT 0 z '.)( R.-, v 1{ Of" SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factor5 listed below that would be potentially affected by this project. This would be any environmental fJ1Ctor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Inco1porated" in the checklist on !he following pages. D Land Use and Planning 0 Population and Housing D Geological Problems Owater 0 Air Quality 0 Transportation/Circulation O Public Services 0 Biological .Resow-ces D Utilities & Service Systems 0 Energy & Mineral Resources D Aesthetics □Hazards 0Noise 0 Cultural Resources D Recreation D Mandatory Findings of Significance l RECEIVED j'_'~I 2 9 2(DJ CITY OJ!e'C~~BAD PLANNING DEPT. r nn l~V, I UIJ OU~ OJJU r, U'f --E1'.T\/IRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental lmpact Assessment to determine if a project may have a significant effect on the environment. The Environmental Im.pact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical. biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except ''No Impact" answers that are ade{Juately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A •'No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • .. Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the inco:tporation of mitigation measures has reduceq an effect :from ·'Potentially Significant Impact" to a .. Less Than Significant Impact.•• The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • '"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an .. EIA-Part II". if a proposed project could have a potentially significant effect on the environment, but .8ll potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed. project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incmporated into this project, then no additional environmental document is required (Prior Compliance). • When ''Potentially Significant hnpact'' is checked the project is not necessarily required to prepare an EIR if the significant effect bas been analyzed adequately in an earlier E1R pursuant to applicable standards and the effect will be mitigat~ or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 2 R.ev.03128196 rrtA nu. r ou out:: o-::i:,o r. U:) -- • If there are one or more potentially significant effects. the City may avoid preparing an EIR ifthere are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR ID!!.!! be prepared if "Potentially Significant Impacf' is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant~ (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the ElA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the fonn under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 3 Rev. 03/28/96 .:uu.• iv l,..vvv 1,;.iV \J._',,,Ju , l.l vi, i v.i. V1u\.~IJ.&J1ALJ - Issues (and Supponing lnfonnation Sources): (Supplemental documents may be referred to and attached) I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land use in the vicinity'? ( ) d} Affect agricultural resources or operations. ( e.g. impacts to soils or farmlands, or impacis from incompatl'ble land uses? ( ) e) Disrupt or divide the physical arrangement of an established l"OlJllllllnity (mcluding a low-mcorru: or minority commuruty)? ( ) II. POPULATION M'D HOL'SING. Would the proposal: a) Cumulatively exceed official regional or local population projections" ( } b) Induce substantial growth in an area either directly or indirectly (e.g. through projem in an undeveloped area or extension of major infrastructure)? ( ) c} Displace existing housing, especially affordable housing? ( ) III. GEOLOGIC PROBLEMS. Would 1he proposal result in or expose people to potential impacts involviitg: a) Fault rupture? ( __ ) b) Seismic groww shaking? ( } c) Seismic ground failure. including liquefaction? { ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mud.flows? ( ) f) Erosion. changes in topogxaphy or unstable soil condiµons from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? { ) i) Unique geologic or physical features? ( ) IV. WATER Would the proposal result in: a} Changes in abSOipbon rates. drainage pattoms, or the rare and amount of surface runoff? ( ) b) Exposure of people or property 10 wa1er relaicd hazards such as flooding? ( ) c) DJScharge .into surface waters or other alreution of surface water quality (e.g. temperature. dissolved oxygen or turbidity)? ( ) 4 j nil nv. l UV VU£.. u .... ..,u - Poten11ally Signific41tt ~CT □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mmgation lncorporatcd □ D □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than S1gnific:m tlm~ct □ □ □ □ □ □ D □ □ □ □ □ □ □ □ □ D □ □ □ l, UU No Impact Rev. 03/28196 11rot-10-c.uuu mu UL• jC r L 1.1u r vr vHru .. .:,oHu -Issues (and Supporting Infonnation Sources): (Supplemental documents may be referred 10 and auached) d) Changes m the amount of surface water in any water body? ( ) e} Changes m cunents, or the course or direction of water movements? ( ) f) Changes in the: quantity of ground waters, either through direct additions or withdiawali, or through interception of mi aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? ( ) h) Impacts to groundW&1eT quality? ( ) 1) Substantial reduction in the amount of groundwaw otherwise available for public water SU))plics? ( } V. AIR QUALI1Y. Would the proposal: a) Violate any a:ir quality standard or contnbute to an existing or projected air quslity violation? ( ) b} Expose sensitive receptors to pollutants? ( ) c) Alter a:ir movement, moisture, or temperature, or cause any change in clunate? ( ) d) Create objectionable odors? ( ) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features (e.g. shmp curves or dangerous intersections) or incoqipatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses·~ ( ) d) Insufficient pari:ing capacity on-site or off-site? ( } e) Hazards or baniers for pedestrians or bicyclists? ( ) f) ConfliCIS with adopted policies supportina alternative tran.sportation (e.g. bus mmouts, bicycle racks)? { ) g) Rail, waterborne or air traffic impactS? ( ) VII. BIOLOGICAL RESOl.JRCES. Would the proposal result in impacts to: a) E:ndangl'!fed. threatened or rare species or their habitats (including but not limm,d to plants. flSb. insects, animals. and birds'? ( ) b) Locally designated species (e.g. heritage: trees)? ( ) 5 rH!i r;u. IOU OUC o:,:,o -Potentullly Potcnnally Significant Significant Impact Unless Muigation lnc0tp0ra1Cid □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ D □ □ □ D □ □ □ □ □ □ □ □ □ Less Thllli Significan t Impact □ □ □ □ □ D □ D □ □ □ □ □ □ □ □ □ □ □ r. No lmp~ct ~ fll ~ f;lJ i 0 IBl 0 15(1 lSlJ (Z] ~ lZl ~ ~ ~ llev. 03/28/96 UI MAJ<-16-2UUO mu 02:39 PM ClTY Or GAl{LSflAD -Issues (and Supporting Information Sources): (Supplemental documenrs may be referred ro and attached) c) Locally designated natural communitii:s (e.g. oak forest, coastal habitat. etc.)'? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIIl. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conse-ivation plans? ( ) b) Use non-renewable resources in • wasteful and inefficient manner? ( ) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) IX. H.-\2.AR.DS. Would the proposal involve: a) A risk of accidental explosion or release of hazatdous substances (including. but not limited to: oil, pesticides, chemicals or radiation}? ( ) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazards? ( ) d) Exposure of people to existing sources of potential health hazards? ( ) e) Increase fire hazard in areas with :flammable brush. grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) XI. PUBUC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered govemment services in any of the following areas: a) Fire protec1ion'J ( ) b) Police protection? ( ) c) Schools? ( ) d) Maintenance of public facilities, includmg roads'? ( ) e) Other governmental services? ( ) Xll. um.ITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following USJlities: a) Power or narural gas? ( ) b) Communications systems? ( ) 6 FAX NO. 76C 602 8558 - Potentially Significant lmpact □ □ □ □ □ □ D □ □ □ □ □ □ □ □ □ □ □ □ □ Potcn11ally Significant Unless Mitigation Incorporaied □ □ □ D □ □ □ □ □ □ □ □ □ D □ □ □ D □ □ LcssTh:m S1gmfican t Imp.act □ D □ □ □ □ □ □ □ □ □ □ □ D □ □ □ □ □ □ P. OB No Impact R.ev.03/21196 MAR-16-2000 THU 02:39 PM CITY OF CARLSBAD -Issues (and Supponing .Information Sources): (Supplemenral documents may be referred 10 and attached) c} Local o:r regional ~-ater treatment or distribution facilities'? ( ) d) Sewer or septic tanks? ( ) e) St0nn water drainage? ( f) Solid waste disposal? ( g} Local or regional water supplies? ( XID. AESTHETICS. Would the proposal: ) ) a) Affect a scenic or vista or scenic highway? ( ) b} Have a demonstrate negative aesthetic effect? ( ) c) Create light or glare·> ( ) XIV. CULTURAL RESOURCES. Would the proposal: ) a} DJ.Stutb palcontological resources? ( ) b) Disturb archaeological resources? ( ) c) Affect historical resOlll'ces? ( ) d) Have the potentlal to cause ll physical change which would affect unique ethnic cultural values? ( ) c) Resnict existing religious or sacred uses within the potentilll impact area? ( ) XV.RECREATIONAL. Would the proposal: a) .Increase me demmd for neighbomood or regional parks or other recreational facilities? ( ) b) Affect existing recreational oppommities? ( ) XVI. MA?'l.'DATORY FINDINGS OF SIGNIFICANCE. a) Does me project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species. cause :i flSh or wildlife population to drop below self-su.stuning levels. threaten to eliminate a plant or animal commumty, reduce the number or restrict the range of a rare or endangered plant or animal or elimina~ unponant examples of the major periods of Calif~ history or prehistory? 7 FAX NO. 760 602 8558 -Pommally Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ D □ □ □ Potcnnall; Significant Unless Mi11gat1on Inoorponitcd □ □ D □ □ D □ □ D □ □ □ □ □ □ □ Less Ttun S1gmfican t Imp,1ct □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ P. 09 No Impact Rev. 03/28196 MAR-16-2000 THU 02: 38 P~j C lTY OF CARLStlAD -Issues (and Supporting Information Sources): (Supplemenral documenzs may be referred to and anached) b) Does the proJect have unpactS that are individually limited, but cumulatively considerable'? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and lhe effects of probable future projectS)? c) Does the project have enviromnental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. FAX NO. 76C 602 Bb!:>B -Poientiall:) Potcnnally S1gmficanr Significant Impact Unless Mitigation Incorporated D □ □ □ P. Less Than No Significan Impact t Impact □ ~ □ Earlier analyses may be used where, pursuant to the tiering, program EIR. or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section I5063(c){3)(D). In trus case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier docwnent pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 8 Re\'. 03/28196 10 MAR-16-2000 THC 02:39 Pt: ClTY Of CAKLSBAD FAX NC. 760 602 8558 P. 11 -- DISCUSSION OF ENVIRONMENTAL EVALUATION Please use this area to discuss any of the environmental factors that were checked .. No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated.'' The City has adopted a "Statement of Overriding Consideration,. with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive or.game gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a .. non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air qll3lity associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR.. These include: l) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a ·'non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact'. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-0 l, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements. a number of intersections are projected to faH the City's adopted Growth Management performance standards at buildou.t. 9 Rev. 03/28/96 r M NU. I bU bUC: t,~~t, t'. li --To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Oveniding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. LIST OF MITIGATING MEASURES (IF APPLTCABLE) ATTACH MITIGATION MONITORING $OGRAM QF APPLICABLE) 10 Rev. 03128196 I. - LAND USE PLANNING PARTIEIA NEXTEL-FARADAY - a) No impact. The proposed project is in conformance with the general plan and zoning designation for the property. b) No impact. The proposed project will conform with applicable environmental plans and policies adopted by agencies with jurisdiction over the project. c} No impact. The project is compatible with the existing land use in the vicinity. d} No impact. The project will not affect agricultural resources or operations since the site has not been used for agricultural purposes. e) No impact. The proposed project will not disrupt or divide the physical arrangement of any established communities. The proposed project consists of the installation of 3 antenna arrays with four antennas mounted II. POPULATION AND HOUSING a) No impact. Since the proposed project consists of an addition to an existing building, it will not alter the planned distribution or housing in the area. b) No impact. The proposed project will not induce substantial growth in the area. c) No impact. The site for the proposed project will not displace existing housing since the site already contains existing buildings. Ill. GEOLOGICAL PROBLEMS a) No impact. The site is not located near active faults and no geologic conditions exist that could constrain development of the property or increase the exposure of people or property to geologic hazards. (1) b) No impact. Due to the distance from known active faults from the sites, the proposed project will not expose people to significant seismic ground shaking. (1) c) No impact. This project will not expose people to seismic ground failure including liquefaction, due to the distance of the know active faults from the site. d) No impact. The site is not located in an area of volcanic activity and does not have a history of seiche or tsunami hazards. Therefore, the proposed project will not expose people to impacts involving seiche, tsunami or volcanic hazards. e) No impact. The project site is not located within an area of landslides or mudflows. (1) -- f} No impact. The site was already mass graded when the existing buildings were constructed. g) No impact. The project site is not located in an area known for subsidence and is not expected to result in or expose people to potential impacts involving subsidence of the land. (1) h) No impact. The proposed project will not result in or expose people to potential impacts involving expansive soils. The property is not located in an area known to have expansive soils. (1) i) No impact. No unique geologic or physical features are known to exist at the project site. (1) IV. WATER a) No impact. The project will have no impact on absorption rates, drainage patterns, or amount of surface runoff. The antennas are proposed on top of an existing structure. b) No impact. The site is not in an area that is prone to flooding or other water hazards. ( 1) c) No impact. The project will not alter the quality of any surface water body. d} No impact. The project will not significantly affect the amount of surface water in any water body since no storm water will discharge directly into any water body. (1) e) No impact. The proposed project will not significantly affect currents or the course or direction of water movements. ( 1) f} No impact. The project will not affect the quantity or the quality of ground waters either through direct additions or withdraws or through interception of an aquifer by cuts or excavations or through substantial loss of recharge capability. (1) g) No impact. Since the proposed project does not use groundwater, the project will not alter direction of the rate of flow of groundwater. ( 1) h) No impact. The project will not significantly impact groundwater quality, since there will be no direct infiltration into any known groundwater supply. (1) i) No impact. The proposed project will not cause a substantial reduction in the amount of groundwater otherwise available for public water supplies since the project will not use groundwater nor impact a significant area otherwise available for groundwater percolation. (1) V. AIR QUALITY a) No impact. The project will have no affect upon air quality. -- b) No impact. The project will not expose sensitive receptors to pollutants. c) No impact. The proposed project will not alter air movement, moisture, temperature or cause a change in climate. d) No impact. The proposed project will not create objectionable odors. VI. TRANSPORTATION/ CIRCULATION a) No impact. The project will not increase ADT. b) No impact. The project will not result in hazards to safety from design features. ( 1) c) No impact. The proposed project will not affect access. d) No impact. The proposed project will not affect parking. e} No impact. The project will not produce any hazards or barriers for pedestrians or bicyclists. f) No impact. The proposed project will conform with adopted policies supporting alternative transportation. g) No impact. No impacts to or from the railroad will result. No waterborne traffic occurs in the vicinity. VII. BIOLOGICAL RESOURCES a) No impact. The site does not have any endangered, threatened or rare species or their habitats. It is a developed site. b) No impact. The site does not contain locally designated species. c) No impact. The site does not contain locally designated communities. d) No impact. The proposed project is not located on wetland habitat, so it will not impact wetland habitat. e) No impact. There will be no impacts to wildlife dispersal or migration corridors. VIII. ENERGY AND MINERAL RESOURCES a) No impact. The proposed project will conform with adopted energy conservation plans. b) No impact. The proposed project will not use non-renewable resources in a wasteful inefficient manner. -- c) No impact. The proposed project will not result in the loss of availability of a known mineral resource that would be of future value to the region and the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State. IX. HAZARDS a) No impact. The proposed project will not involve the storage, application, use or disposal of hazardous materials or substances and therefore will not involve a risk of accidental explosion or release of hazardous substances. b) No impact. The proposed project will be designed so as not to interfere with any emergency response or evacuation plans. The project's circulation system will be reviewed by all pertinent City departments to ensure that there will be no impacts to any emergency response procedures or evacuation plans. c) No impact. The project will not create any health hazards or any potential health hazards. d) No impact. There are no existing health hazards on the site. e) No impact. The project will be constructed in compliance with all applicable City policies and codes regarding fire suppression and low fuel planting. X. NOISE a) No impact. Development of the site will not substantially increase noise levels beyond the short term construction noise impacts. b) No impact. The project will not involve exposure of people to severe noise levels beyond the short term construction noise impacts. XI. PUBLIC SERVICES a) No impact. The project is located within the five minute response time for fire protection. b) No impact. Police protection is provided by the City of Carlsbad and demand for additional police services beyond the demand created by a typical commercial development of this site is not anticipated. c) No impact. The proposed project will not have an effect upon or result in a need for new schools. d) No impact. The proposed project will pay appropriate public facilities fees as dictated by the City. e) No impact. The proposed project will pay appropriate public facilities fees as dictated by the City. - XII. UTILTITES AND SERVICES SYSTEMS a) No impact. The majority of utitlities have already been established for the existing structures. b) No impact. The proposed project is not anticipated to create significant new demand for major facilities of communication or cable nor will it require substantial alteration to existing facilities. c) No impact. The proposed project is in conformance with the EIR 93-01 for the site and no potentially significant impacts are anticipated. d) No impact. The proposed project is in conformance with the EIR 93-01 for the site and no significant impacts to the City's sewer or septic tanks are anticipated. e) No impact. The proposed project is in conformance with the EIR 93-01 for the site and no significant impacts to the City's storm drainage system is anticipated. f) No impact. The proposed project is in conformance with the EIR 93-01 for the site and no significant impacts to the City's solid waste disposal system is anticipated. g) No impact. The proposed project is in conformance with the EIR 93-01 for the site and no significant impacts to the City's local or regional water supplies are anticipated. XIII. AESTHETICS a) No impact. The proposed project will not affect a scenic highway or vista. All antennas will be adequately screened from public view. b) No impact. The proposed project will not have a negative aesthetic effect. All antennas will be adequately screened from public view. c) No impact. The project will be designed in such a manner as to not create significant off- site light or glare. Lighting within the project will be directed towards the ground in order to meet required city specifications. XIV. CULTURAL RESOURCES a) No impact. The project has already been mass graded in the construction of the existing buildings. b) No impact. The project has already been mass graded in the construction of the existing buildings. c) No impact. No historical resources are known to exist within the project area. d) No impact. Unique ehnic cultural values are not known to be associated with this site. ,. • • e) No impact. No religious or sacred uses are known to exist within the project area. XV. RECREATION a) No impact. The proposed project is non-residential, so no impact to park facilities are anticipated. b) No impact. The project will not affect recreational activities. XVI. MANDATORY FINDINGS OF SIGNIFICANCE a) No impact. The proposed project will not degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. b) No impact. The project will contribute to cumulative air quality impacts, however, a statement of overriding consideration was adopted for this cumulative impact. c) No impact. The proposed site will not cause substantial adverse effects on human beings. XVII. Earlier Analysis a) Source documents are on file in the Planning Department located at 2075 Las Palmas Drive, Carlsbad, Phone (760) 438-1161. 1. "Final Master EIR for the City of Carlsbad General Plan Update", March 1994. CHICA GO .TLE CQMP•ANY -PRELIMINARY REPORT Reference: 7410-D Regarding: 5814 VAN ALLEN WAY CARLSBAD.CA Dated as of: May 5, 2000 Order No.: 203071216-U52 at 7:30AM CHICAGO TITLE 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westemdivision.ctt.com Title Department: CHICAGO TITLE COMPANY 925 "B" STREET SAN DIEGO, CA. 92101 (619)544-6291 fax: (619)544-6279 Ken Cyr / Gary Dryden TITLE OFFICER PFP ~105 '991:»< @ RECEIVED JUN 2 9 2000 CITY OF CARLSBAD PLANNING DEPT. -SCHEDULE A -OrderNo: 203071216 U52 Your Ref: 7410-D 1. The estate or interest in the land hereinafter descnoed or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: THE "ISLAND@CARLSBAD" LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is descn"bed as follows: SEE ATTACHED DESCRIPTION ~ -1D/31197bk Page 1 -. DESCRIPTION -Order No. 203071216 LOT 73 OF CARLSBAD TRACT NO. 85-24, DNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. EXCEPTING AND RESERVING UNTO GRANTOR, ITS SUCCESSORS AND ASSIGNS, ALL OIL, GAS, COAL AND IRON AND ALL OTHER MINERALS AND RIGHTS THERETO IN, UNDER OR THAT MAY BE PRODUCED FROM SAID LANDS, TOGETHER WITH THE SOLE, EXCLUSIVE AND PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF SUCH OIL, GAS, COAL, IRON AND OTHER MINERALS BY ANY MEANS OR METHODS SUITABLE TO GRANTEE, ITS SUCCESSORS AND ASSIGNS, BUT WITHOUT (1) ENTERING UPON OR UNDER OR USING THE SURFACE OF SAID LANDS OR ANY AREA UNDER SAID LANDS ABOVE A PLANE FIVE HONDERED FEET (500') BELOW THE SURFACE OF SAID LANDS, OR (2) DAMAGING THE SURFACE OF SAID LANDS OR INTERFERING WITH THE USE THEREOF BY GRANTOR, ITS SUCCESSORS AND ASSIGNS AS RESERVED BY 'ONION PACIFIC LlWD RESOURCES CORPORATION, A NEBRASKA CORPORATION, UPLAND INDUSTRIES CORPORATION, A NEBRASKA CORPORATION, UPLAND INDUSTRIAL DEVELOPMENT COMPANY, A NEBRASKA CORPORATION, 'ONION PACIFIC RESOURCES COMPANY, A DELAWARE CORPORATION, UNION PACIFIC RESOURCES GROUP INC. , A UTAH CORPORATION, AND ROCK SPRINGS ROYALTY COMPANY, A UTAH CORPORATION BY DEED RECORDED DECEMBER 15, 1995 AS FILE NO. 1995-0573902, OFFICIAL RECORDS -SC.HEQULE B -Page 1 Order No: 203071216 U52 Your Ref: 7410-D At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2000-2001 THAT ARE A LIEN NOT YET DUE. B 2 . THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY {COMMENCING WITH SECTION 75) 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. c 3. ASSESSMENT NO.: 212-120-04 SERIES: 85-2 BY: CITY CARLSBAD FOR: COLLEGE BOULEVARD, 1915 ACT D 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CITY OF CARLSBAD DRAINAGE JANUARY 22, 1985 AS FILE NO. 85-021198, OFFICIAL RECORDS AS SHOWN ON SAID MAP 11811 THE EFFECT OF THE FOLLOWING RECITAL, AS CONTAINED ON MAP 11811: "NOTE: DRAINAGE EASEMENT TO THE CITY OF CARLSBAD REC. JANUARY 22, 1985 AS FILE NO. 85-021198 TO BE QUITCLAIMED SUBSEQUENT TO THE FILING OF THIS MAP", AS OF THE DATE OF THIS REPORT, NO SUCH QUITCLAIM DEED IS OF RECORD. E 5 . A DOCUMENT ENTITLED "AGREEMENT FOR DRAINAGE" , EXECUTED BY CARLSBAD RESEARCH CENTER AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED NOVEMBER 3, 1986 AS FILE NO. 86-501526 OF OFFICIAL RECORDS. F 6. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF OREB -10/31197bl< ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. AFFECTS: SAID LAND ADJACENT TO COLLEGE BOULEVARD -Page 2 seHEDULE B ( continued) - OrderNo: 203071216 U52 Your Ref: 7410-D SAID LAND HOWEVER, ABUTS UPON A PUBLIC THOROUGHFARE OTHER THAN THE ROAD REFERRED TO ABOVE, OVER WHICH RIGHTS OF VEHICULAR INGRESS AND EGRESS HAVE NOT BEEN RELINQUISHED. G 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF: EASEMENT PURPOSE: AFFECTS: 11811 DRAINAGE EASEMENT AS SHOWN ON SAID MAP 11811 H 8. THE LIMITATIONS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A REFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS AND RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS JUNE 29, 1988 AS FILE NO. 88-313420, OFFICIAL RECORDS SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BOT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. I THE PROVISIONS OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT RECORDED: AUGUST 8, 1988 AS FILE NO. 88-387706, OFFICIAL RECORDS J MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED: JUNE 1, 1995 AS FILE NO. 1995-0230848, OFFICIAL RECORDS K 9. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS ::IBCORDED "WITH THE COUNTY .RECORDER THE ;..ssESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISCLOSED BY: COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD ASSESSMENT DISTRICT BOUNDARY -Page 3 SCHEDULE B ( continued) OrderNo: 203071216 U52 Your Ref: 7410-D RECORDED: DECEMBER 19, 1990 AS FILE NO. 90-0674118, OF OFFICIAL RECORDS NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959, OF OFFICIAL RECORDS. L 10. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISCLOSED BY: RECORDED: ASSESSMENT DISTRICT NO. 85-2 COLLEGE BOULEVARD ASSESSMENT DISTRICT DIAGRAM FEBRUARY 1, 1995 AS FILE NO. 1995-0044574, OF OFFICIAL RECORDS H 11. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISCLOSED BY: RECORDED: REASSESSMENT DISTRICT NO. 97-1 {ALGA ROAD AND COLLEGE BOULEVARD) ASSESSMENT DISTRICT DIAGRAM DECEMBER 18, 1997 AS FILE NO. 1997-0643902, OF OFFICIAL RECORDS NOTICE OF REASSESSMENT RECORDED DECEMBER 18, 1997 AS FILE NO. 1997-0643903, OF OFFICIAL RECORDS N 12. A DOCUMENT ENTITLED "AGREEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FACILITIES MANAGAMENT ZONE TRANSPORTATION FEE ", DATED AUGUST 27, 1999 EXECUTED BY THE 11 ISLAND@CARLSBAD" LLC, A LIMITED LIABILITY COMPANY AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED SEPTEMBER 16, 1999 AS FILE NO. 1999-0636522, OF OFFICIAL RECORDS. o 13 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: PREUMBC-llt23/93bk $8,980,000.00 SEPTEMBER 10, 1999 THE "ISLAND@CARLSBAD" LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTOR SECURITY SERVICE SOUTHERN CALIFORNIA BANK SEPTEMBER 20, 1999 AS FILE NO. 1999-0642159, OF OFFICIAL RECORDS -Page 4 SCHEDULE B ( continued) Order No: 203071216 U52 YourRef: 7410-D P 14 . A DOCUMENT ENTITLED "HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY 11 , DATED SEPTEMBER 10, 1999 EXECUTED BY THE 11ISLAND'.g2C..~SBAD11 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND SOUTHERN CALIFORNIA BANK, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED SEPTEMBER 20, 1999 AS FILE NO. 1999-0642160, OF OFFICIAL RECORDS. Q 15. AN ASSIGNMENT OF ALL MONIES DUE, OR TO BECOME DUE AS RENT OR OTHERWISE FROM SAID LAND, TO SECURE PAYMENT OF AN INDEBTEDNESS, SHOWN BELOW AND UPON THE TERMS AND CONDITIONS THEREIN AMOUNT: ASSIGNED TO: BY: RECORDED: $8,980,000.00 SOUTHERN CALIFORNIA BANK THE "ISLAND@CARLSBAD '' LLC, A CALIFORNIA LIMITED LIABILITY COMPANY SEPTEMBER 20, 1999 AS FILE NO. 1999-0642161, OF OFFICIAL RECORDS R 16. A FINA...~CING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER, SHOWING DEBTOR: SECURED PARTY: RECORDED: THE "ISLANDsCARLSBAD" LLC, A CALIFORNIA LIMITED LIABILITY COMPANY SOUTHERN CALIFORNIA BANK SEPTEMBER 20, 1999 AS FILE NO. 1999-0642162, OF OFFICIAL RECORDS s 1 7. A CQi.lE!1.A.."IT AND AGREEMENT UPON AND SUBJECT TO THE TERMS AND cmIDITIONS THEREIN EXECUTED BY: IN FAVOR OF: RECORDED: THE II ISLAND@CARLSBAD rr LLC CITY OF CARLSB~..D, A MUNICIPAL CORPORATION OCTOBER 4, 1999 AS FILE NO. 1999-0671129, OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. T 18. A..."'1" EASEMENT FOR THE PURPOSE SHOWN. BELOW AND RIGHTS INCIDENTAL THERETO AS f'ClELJMBC-9/23/93bk SET FORTH IN A DOCUMENT GRA...~ED TO : PURPOSE: RECORDED: AFFECTS: SA.~ DIEGO GAS AND ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS JANUARY 18, 2000 rlS FILE NO. 2000-0025197, OF OFFICIAL RECORDS A STRIP OF LA1-.1D, INCLUDING ALL OF THE AREA LYING BET'"/'IBL."'1" THE EXTERIOR SIDELINES, WHICH SIDELINES SE.ALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON EACH -Page 5 SCHEDULE B ( continued) Order No: 203071216 U52 Your Ref: 7410-D EXTERIOR SIDE OF EACH AND EVERY UTILITY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE JONE 1, 2001. u THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. v END OF SCHEDULE B w NOTE: IF TRIS COMPANY IS REQUESTED TO DISBURSE FONDS IN CONNECTION WITH TRIS TR.ANSACTION1 CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FONDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: :03071216 ATTN: KEN CYR TITLE OFFICER X JO "REUMBC-9/23/93bk -• Order No: 203071216 -U52 YourRef: 7410-D As part of the settlement of a class action lawsuit, we are required to place this notification in all preliminary reports: IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ TIIB 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 Title 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 28. 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 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 of 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. 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