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HomeMy WebLinkAboutCUP 01-30; CINGULAR AT THE ISLANDS; Conditional Use Permit (CUP)12/04/2801 00:28 0088808880 E PAGE 02 .• crrv OF CARLSBAD LAND USE REVIEW APPLICATION 1 APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY; - USE ONLY) O AdmInistrtIvo Permit - 2nd 0 Planned Industrial Permit Dwelling Unit O Administrative Variance F1 Planning Commission Determination O Coastal Development Permit 0 Precise Development Plan Conditional Use Permit (,( )() .J3o 0 Redevelopment Permit O Condominium Permit C) Site Development Plan O Environmental Impact C) Special Use Permit Assessment O General Plan Amendment C) Specific Plan O Hillside Development Permit - 0 T.iitatiuo Peeol M. • - obtain from Enu O Local Coastal Plan Amendment C) Tentative Tract Map C) Master Plan - o Variance O Non-Residential Planned 0 Zone Change Development O Planned Development Permit C) List other applications not - - - - speclfled_ 2) ASSESSOR PARCEL NOM.: 212-120-04 3) PROJECT NAME: Islands 4) BRIEF DESCRIPTION OF PROJECT: Minor telecommunication facility and related equipnt 6) OWNER NAME (Print or Type) *4 '( &OS1M,)i 6) APPLICANT NAME (Print or Type) - - f2 fitA.- Cflgu ai 1 r Wireless MAILING ADDRESS MAILING ADDRESS 16g t)'Ji' ST- '14:) 6170 Cornerstone Court #180 CITY AND STATE' ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE L 5wbiiZt CA '72io/ i2?/'?)7 San Diego CA 92121 (85B)642-9 CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTWY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. COR T TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION ior - r" 6W St*'cIj Cti,t- NOTE: A PROPOSED PROJECT BEQUIRINO MULTWLE APPUJCATIONS BE FILED MUET BE SURWrTM POR TO 3:30 P.M. A PROPOSED PROJECT REOUG ONLY ONE APPUCAUON SE FUD, MUST SE *UITTW PNOR TO 4.130 P.M. -I Fan" 16 S PAGE IOF ]2!04/2001 00:20 @@@SS@@eØ@ E PAGE 03 •• .• ) LOCATION OF PROJECT: 5804-5514 van Allen Way STRE.E? ADDRESS ON THE south SIDE OF L'araday (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN [College. AND [ Cannon (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I - 10) PROPOSED NUMBER OF LOTS N/A j 11) NUMBER OF EXISTING RESIDENTIAL UNITS 1 1 12) I NLJ PROPOSED NUMBER OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION [/A 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE F 1 LN/A 15) 1 PROPOSED COMM SQUARE FOOTAGE I N/Al 16) PERCENTAGE OF PROPOSED [ I 17) PROJECT IN OPEN SPACE [N/A j PROPOSED INCREASE IN ADT F 1 1$) PROPOSED SEWER USAGE IN EDU 19) GROSS SITE ACREAGE El 201 EXISTING GENERAL PLAN [ ] 21) PROPOSED GENERAL PLAN DESIGNATION L/AJ 22) EXISTING ZONING L 123) PROPOSED ZONING ['] 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 D ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY 0 THIS PURPOSE SIGhAf RE FOR CITY USE ONLY FEE COMPUTATION RECEIVED DEC 28 2001 CiTy OF ARL RECEIVED RECEIVED BY: TOTAL FEE REQUIRED I ez DATE FEE PAID RECEIPT NO. I Form ie PAGE 2OF .. .. ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO:________________ DATE RECEIVED:________________ BACKGROUND (To be completed by staffi I. CASE NAME: 2. APPLICANT: Cingular Wireless 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 61 70 Cornerstone Court #180 San Diego, CA 92121 (858)642-9441 4. PROJECT DESCRIPTION: Minor telecommunication facility and its related equipment. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. O Land Use and Planning F-1 Population and Housing F-1 Geological Problems Water Air Quality Transportation/Circulation FJ Public Services Biological Resources Utilities & Service Systems Energy & Mineral Resources Aesthetics Hazards 0 Cultural Resources Noise Recreation Mandatory Findings of Significance Rev. 03/28/96 .• .• Issues (and Supporting Information Sources): Potentially Potentiall\ Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated 1. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? D (Source #(s): ( ) b) Conflict with applicable environmental plans or D policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land use in the vicinity? D D 0 d) Affect agricultural resources or operations (e.g. impacts MR to soils or farmlands, or impacts from incompatible land uses? ( ) c) Disrupt or divide the physical arrangement of an x established community (including a low-income or minority community)? ( ) II POPULATION AND HOUSING. Would the proposal: a) CumulativeIN exceed official regional or local 0 FZ population projections? ( ) b) Induce substantial growth in an area either directly or 0 FRI indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable 0 housing? ( ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) EJ iii] U FK b) Seismic ground shaking? ( ) U U U E] c) Seismic ground failure, including liquefaction? o d) Seiche, tsunami, or volcanic hazard? [] [] El [i e) Landslides or mudflows? ( ) U El El IiII f) Erosion, changes in topography or unstable soil [J conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) 0 h) Expansive soils? ( ) 0 0 0 El i) Unique geologic or physical features? 0 0 IV. WATER, Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the 0 0 1I1 rate and amount of surface runoff'? ( ) b) Exposure of people or property to water related hazards U 0 such as flooding? ( 4 Rev. 03128/96 .• .• Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water bodv?( ) e) Changes in currents, or the course or direction of water movements? ( ) f) Changes in the quantity of ground waters, either LI through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? LI LI LI h) Impacts to groundwater quality? ( ) LI LI 1) Substantial reduction in the amount of groundwater LI LI otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an LI LI existing or projected air quality violation' ( ) h) Expose sensitive receptors to pollutants? LI LI LI c) Alter air movement, moisture, or temperature, or cause LI LI LI any change in climate? ( ) d) Create objectionable odors? ( ) LI LI LI VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? [] [J LI [I b) Hazards to safety from design features (e.g. sharp LI LI LI El curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) C) inadequate emergency access or access to nearby uses? LI LI LI El d) Insufficient parking capacity on-site or off-site? LI LI LI El e) Hazards or barriers for pedestrians or bicyclists? LI LI LI El f) Conflicts with adopted policies supporting alternative LI LI LI El transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? D LI LI El 5 Rev. 03/28/96 .. Issues (and Supporting Information Sources): (Supplemental documents 'may be referred to and attached) .. Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated Less Than No Sigriiflcan Impact Impact VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered. threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? ( ) b) Locally designated species (e.g. heritage trees)? ( ) C) Locally designated natural communities (e.g. oak forest, coastal habitat. etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a 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. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous 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 soutces 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. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) c) Schools? ( ) M 0 LI LI o o LI LI LI o 0 LI 0 LI LI LI LI LI 0 0 0 LI 0 LI LI LI LI FRI LI El LI LI LI LI [1 LI 0.0 0 LI LI [1 LI LI LI [i 0 LI LI 12 LI LI LI LI LI LI LI El LI 12 6 Rev. 03/28/96 .• .• Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated d) Maintenance of public facilities, including roads? D F~ F971 1.11-1 e) Other governmental services? ( D D XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ( ) b) Communications systems? ( ) c) Local or regional water treatment or distribution D D E IX facilities? ( ) d) Sewer or septic tanks? ( ) D e) Storm water drainage? ( ) D 1:1 El FRO 1) Solid waste disposal? ( ) g) Local or regional water supplies? ( D E E XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? Li Li b) Have a demonstrate negative aesthetic effect? Li c) Create light or glare? ( ) 0 0 XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? 17 0 0 iz b) Disturb archaeological resources? ( Li tI1 c) Affect historical resources? ( ) Li D 0 E1 d) Have the potential to cause a physical change which Li would affect unique ethnic cultural values? ( ) e) Restrict existing religious or sacred uses within the Li Li potential impact area? ( ) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional Li Li Li parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? Li ( ) 7 Rev. 03/28/96 .• .• Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the E quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a 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) Does the project have impacts that are individually D 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 the effects of probable future projects)? C) Does the project have environmental effects which will E E ERR cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. 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 15063(c)(3)(D). In this 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 document 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 Rev. 0328/96 .. .0 are projected to fail the City's adopted Growth Management performance standards at buildout. 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 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 Overriding 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 APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 10 Rev. 03/28/96 . . PRELIMINARY REPORT [1 EQUITY TITL COMPANY E 123 . . EQUITY TITLE COMPANY 1660 HOTEL CIRCLE NORTH SUITE 321 SAN DIEGO, CA 92108 PHONE: (619) 574-5985 FAX (619) 294-3298 DATED AS OF AUGUST 24, 2001 AT 7:30 A.M. PLAN COM INC. 6170 CORNERSTONE COURT #180 SAN DIEGO, CA 92121 YOUR NO,: SD-398-05 ATTENTION: ROD PHILHOWER ORDER NO.: SD0132640 "PRELIMINARY REPORT" IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, EQUITY 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 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. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: I EAGLE PROTECTION OWNERS POLICY (ALTA HOMEOWNERS POLICY -1998) [X] AMERICAN LAND TITLE ASSOCIATION LOAN POLICY MIKE VALERI, TITLE OFFICER NICK ASHCRAFT, TITLE OFFICER (619) 574-5985 . . ORDER NO.: SD0132640 SCHEDULE A THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE ISM LANDCARIRAD LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO 2 . 11 ORDER NO.: SD0132640 EXHIBIT "A" LOT 73 OF CARLSBAD TRACT NO. 85-24, UNIT 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. 3 . . ORDER NO.: SD0132640 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002, A LIEN NOT YET DUE OR PAYABLE. B. TAXES FOR PRORATION FOR THE FISCAL YEAR 2000-2001 FIRST HALF: SECOND HALF: ASSESSED VALUATION: LAND VALUE: IMPROVEMENTS: EXEMPTION: $28,701.77 PAID $28,701.77 'PAID $3,085,500.00 $100,000.00 $0.00 CODE AREA: 09094 A.P.NO.: 212-120-04 C. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. D. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. E. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT NO.: 212-120-04 SERIES: 85-2 DISTRICT: CARLSBAD FOR: 1915 ACT - COLLEGE BLVD BOND ISSUED: MARCH 25, 1986 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. F. SUPPLEMENTAL TAXES AND SUBSEQUENT DELINQUENCIES FOR THE FISCAL YEAR 2000 - 2001 ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. FIRST INSTALLMENT: $26,610.05 PAID SECOND INSTALLMENT: $26,610.05 PENALTY: $2,671.00 1013112001 BILL NO.: 809-255-20-20 AN EASEMENT FOR PURPOSES STATED AND INCIDENTAL RIGHTS. FOR: DRAINAGE 4 . ORDER NO.: SD0132640 GRANTED TO: CITY OF CARLSBAD RECORDED: JANUARY 22, 1985 AS FILE NO. 85-021198 OF OFFICIAL RECORDS AFFECTS: 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. 2. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "AGREEMENT FOR DRAINAGE" RECORDED NOVEMBER 3, 1986 AS FILE NO. 86-501526 OF OFFICIAL RECORDS. 3. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF 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 SAID LAND, HOWEVER, ABUTS ON A PUBLIC THOROUGHFARE OTHER THAN THE STREET OR HIGHWAY REFERRED TO ABOVE, OVER WHICH RIGHTS OF VEHICULAR INGRESS AND EGRESS HAVE NOT BEEN RELINQUISHED. 4. AN EASEMENT AS SHOWN ON THE MAP OF TRACT 11811. FOR: DRAINAGE EASEMENT AND INCIDENTAL PURPOSES AFFECTS: AS SHOWN ON SAID MAP 11811 5. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, ASSESSMENTS, LIENS, CHARGES, TERMS AND PROVISIONS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, SOURCE OF INCOME OR DISABILITY, TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(C), OF THE UNITED STATES CODES OR SECTION 12955 OF THE CALIFORNIA GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. RECORDED: JUNE 29, 1988 AS FILE NO. 88-313420 OF OFFICIAL RECORDS A DOCUMENT ENTITLED "DECLARATION OF ANNEXATION", RECORDED AUGUST 8, 1988 AS FILE NO. 88-387706 OF OFFICIAL RECORDS. A DOCUMENT DECLARING MODIFICATIONS THEREOF RECORDED JUNE 1, 1995 AS FILE NO. 1995-0230548 OF OFFICIAL RECORDS. 6. THE TERMS AND PROVISIONS CONTAINED IN A DOCUMENT REGARDING AGREEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FACILITIES MANAGEMENT ZONE TRANSPORTATION FEE, RECORDED SEPTEMBER 16, 1999 AS FILE NO. 1999-0636522 OF OFFICIAL RECORDS. 5 . . ORDER NO.: SD0132640 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS AMOUNT: $8,980,000.00 DATED: SEPTEMBER 10, 1999 TRUSTOR: THE 1St AWfl@CARI SRAI) LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: TRUSTOR SECURITY SERVICE BENEFICIARY: SOUTHERN CALIFORNIA BANK RECORDED: SEPTEMBER 20, 1999 AS FILE NO. 1999-0642159 OF OFFICIAL RECORDS 8. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY" RECORDED SEPTEMBER 20, 1999 AS FILE NO. 1999-0642160 OF OFFICIAL RECORDS. 9. AN ABSOLUTE ASSIGNMENT OF ALL MONIES DUE, OR TO BECOME DUE AS RENT OR OTHERWISE FROM SAID LAND, TO SECURE PAYMENT OF AN INDEBTEDNESS RECORDED SEPTEMBER 20, 1999 AS FILE NO. 1999-0642161 OF OFFICIAL RECORDS 10. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "A COVENANT AND AGREEMENT' RECORDED OCTOBER 4, 1999 AS FILE NO. 1999-0671129 OF OFFICIAL RECORDS 11. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES. GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED: JANUARY 18, 2000 AS FILE NO. 2000-0025197 OF OFFICIAL RECORDS AFFECTS: A PORTION OF THE HEREIN DESCRIBED LAND. 12. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, SOURCE OF INCOME OR DISABILITY, TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(C), OF THE UNITED STATES CODES OR SECTION 12955 OF THE CALIFORNIA GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. RECORDEb: AUGUST 8, 1988 AS FILE NO. 88-387705 OF OFFICIAL RECORDS 13. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES. GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT RECORDED: MAY 31, 2000 AS FILE NO. 2000-0283922 OF OFFICIAL RECORDS AFFECTS: A PORTION OF THE HEREIN DESCRIBED LAND. 14. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES. GRANTED TO: CITY OF CARLSBAD, A MUNICIPAL CORPORATION RECORDED: JUNE 5, 2000 AS FILE NO. 2000-0293359 OF OFFICIAL RECORDS AFFECTS: A PORTION OF THE HEREIN DESCRIBED LAND. 11 r ORDER NO.: SD0132640 15. A DOCUMENT ENTITLED "NOTICE" RECORDED AUGUST 9, 2000 AS FILE NO. 2000-0421021 OF OFFICIAL RECORDS 16. AN UNRECORDED LEASE DATED DECEMBER 7, 1999. EXECUTED BY CARL KARCHER ENTERPRISES, INC., A CALIFORNIA CORPORATION, AS LESSOR, AND IS1 ANDCAR1SBAD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS LESSEE, AS DISCLOSED BY A MEMORANDUM OF LEASE RECORDED OCTOBER 10, 2000 AS FILE NO. 2000-0542341 OF OFFICIAL RECORDS. 17. A DOCUMENT ENTITLED "NOTICE OF COMPLETION" RECORDED OCTOBER 18, 2000 AS FILE NO. 2000-0561569 OF OFFICIAL RECORDS. 18. AN UNRECORDED LEASE DATED DECEMBER 7, 1999. EXECUTED BY1SLANDCARESRAD, LLC, A CALIFORNIA A CALIFORNIA LIMITED LIABILITY COMPANY ,AS LESSOR, AND CARL KARCHER ENTERPRISES, INC., A CALIFORNIA CORPORATION, AS LESSEE, AS DISCLOSED BY A MEMORANDUM OF A SHOPPING CENTER LEASE RECORDED DECEMBER 7, 2000 AS FILE NO. 2000-0666038 OF OFFICIAL RECORDS. 19. A DOCUMENT ENTITLED "NOTICE OF COMPLETION" RECORDED JANUARY 4, 2001 AS FILE NO. 2001-0007506 OF OFFICIAL RECORDS. 20. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "SUBORDINATION, RECOGNITION AND NONDISTURBANCE AGREEMENT' RECORDED JANUARY 16, 2001 AS FILE NO. 2001-0022539 OF OFFICIAL RECORDS. 21. AN UNRECORDED LEASE DATED APRIL 12. 2000, AS AMENDED, EXECUTED BY THE ISLAND©CARI SPAD, L.L.C., A CALIFORNIA LIMITED LIABILITY COMPANY, AS LESSOR, AND 7- ELEVEN, INC., A TEXAS CORPORATION, AS LESSEE, AS DISCLOSED BY A MEMORANDUM OF LEASE RECORDED APRIL 17, 2001 AS FILE NO. 2001-0236624 OF OFFICIAL RECORDS. 22. A DEED OF TRUST TO SECURE AN INDEBTEDNESS AMOUNT: $10,000,000.00 DATED: MAY 4, 2001 TRUSTOR: 151 AND©CARLSRAD LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: STEWART TITLE OFCAL, INC. BENEFICIARY: COLUMN FINANCIAL, INC., A DELAWARE CORPORATION RECORDED: MAY 4, 2001 AS FILE NO. 2001-0282393 OF OFFICIAL RECORDS AN ABSOLUTE ASSIGNMENT OF LEASES AND RENTS RECORDED MAY 4, 2001 AS FILE NO. 2001-0282394 OF OFFICIAL RECORDS 23. A FINANCING STATEMENT DEBTOR: THE ISLAND@CARLSRAID LLC SECURED PARTY: COLUMN FINANCIAL, INC. RECORDED: MAY 4, 2001 AS FILE NO. 2001-0282395 OF OFFICIAL RECORDS 24. A LEASE DATED MAY 10, 2001, EXECUTED BY 7-ELEVEN, INC. AS LESSOR AND JACKLYN THOMPSON, NOT IN HER INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF CONVENIENCE STATUTORY TRUST -2001 AS LESSEE, RECORDED JUNE 20, 2001 AS FILE NO. 2001-0415646 OF OFFICIAL RECORDS. 7 . . ORDER NO.: SD0132640 25. A DEED OF TRUST TO SECURE AN INDEBTEDNESS AMOUNT: NOT SHOWN DATED: JANUARY 25, 2001 TRUSTOR: JACKLYN THOMPSON, NOT IN HER INDIVIDUAL CAPACITY BUT SOLELY AS CO-TRUSTEE OF CONVENIENCE STATUTORY TRUST - 2001 UNDER THE AMENDED AND RESTATED DECLARATION OF TRUST AS OF JANUARY 25, 2001 TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY BENEFICIARY: CBL CAPITAL CORPORATION RECORDED: JUNE 20, 2001 AS FILE NO. 2001-0415647 OF OFFICIAL RECORDS AN UNRECORDED LEASE DATED JANUARY 25, 2001, EXECUTED BY7-ELEVEN, INC., AS LESSOR, AND JACKLYN THOMPSON, NOT IN HER INDIVIDUAL CAPACITY BUT SOLELY AS CO-TRUSTEE (CO-TRUSTEE") OF CONVENIENCE STATUTORY TRUST - 2001 UNDER THE AMENDED AND RESTATED DECLARATION OF TRUST AS OF JANUARY 25, 2001 , AS LESSEE, AS DISCLOSED BY A MEMORANDUM OF LEASE AND LEASE SUPPLEMENT NO.5 TO LEASE RECORDED JUNE 20, 2001 AS FILE NO. 2001-0415648 OF OFFICIAL RECORDS. 26. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "MEMORANDUM OF LEASE AND LEASE SUPPLEMENT NO. 5 TO LEASE" RECORDED JUNE 20, 2001 AS FILE NO. 2001- 0415648 OF OFFICIAL RECORDS. 27. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "LEASE ESTOPPEL AND ATTORNMENT AGREEMENT' RECORDED JUNE 20, 2001 AS FILE NO. 2001-0415649 OF OFFICIAL RECORDS. 28. A FINANCING STATEMENT DEBTOR: STATE STREET BANK AND TRUST COMPANY OF CONNECTICUT NATIONAL ASSOCIATION, AS TRUSTEE OF CONVENIENCE STATUTORY TRUST - 2001 SECURED PARTY: CBL CAPITAL CORPORATION RECORDED: JUNE 20, 2001 AS FILE NO. 2001-0415650 OF OFFICIAL RECORDS 29. A FINANCING STATEMENT DEBTOR: 7-ELEVEN, INC. SECURED PARTY: STATE STREET BANK AND TRUST COMPANY OF CONNECTICUT, NATIONAL ASSOCIATION, AS TRUSTEE OF CONVENIENCE STATUTORY TRUST -2001 RECORDED: JUNE 20, 2001 AS FILE NO. 2001-0415651 OF OFFICIAL RECORDS 30. A DOCUMENT ENTITLED "NOTICE NON-RESPONSIBILITY" RECORDED JULY 23, 2001 AS FILE NO. 2001-0510481 OF OFFICIAL RECORDS. 31. A DOCUMENT ENTITLED "NOTICE NON-RESPONSJBIUTr RECORDED JULY 23, 2001 AS FILE NO. 2001-0510482 OF OFFICIAL RECORDS. 32. ANY FACTS ABOUT THE LAND THAT AN INSPECTION OR INQUIRY OF PARTIES IN POSSESSION SATISFACTORY TO THE COMPANY WOULD DISCLOSE AND THAT ARE NOT SHOWN BY THE PUBLIC RECORDS. . . ORDER NO.: SD0132640 G. WITH RESPECT TO THE 1SLAND@CARLSBAD, A CORPORATION: 1. A COPY OF THE CORPORATE BY-LAWS OR ARTICLES. 2. A ORIGINAL CERTIFIED COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS AUTHORIZING THE CONTEMPLATED TRANSACTION AND DESIGNATING WHICH CORPORATE OFFICERS SHALL HAVE THE POWER TO EXECUTE ON BEHALF OF THE CORPORATION, TOGETHER WITH A CERTIFICATE OF COMPLIANCE PURSUANT TO SECTION 5912 OR 7912 CORPORATIONS CODE. 3. IF THE ARTICLES OR BY-LAWS REQUIRE APPROVAL BY A "PARENT" ORGANIZATION, WE WILL ALSO REQUIRE A COPY OF THOSE BY-LAWS OR ARTICLES. 4. OTHER REQUIREMENTS THAT THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF THE MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE. NOTE NO. 1: THE CHARGE FOR A POLICY OF TITLE INSURANCE ISSUED THROUGH THIS TITLE ORDER WILL BE BASED ON THE SHORT-TERM RATE. NOTE No. 2: THIS REPORT IS PREPARATORY TO THE ISSUANCE OF AN ALTA LOAN POLICY. WE HAVE NO KNOWLEDGE OF ANY FACT WHICH WOULD PRECLUDE THE ISSUANCE OF THE POLICY WITH CLTA ENDORSEMENT FORMS 100 AND 116 ATTACHED. WHEN ISSUED, THE CLTA ENDORSEMENT FORM 116 WILL REFERENCE A COMMERCIAL BUILDING KNOWN AS: 5804-5814 VAN ALLEN WAY, CARLSBAD, CALIFORNIA NOTE NO. 3: ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE LAND DESCRIBED HEREIN WITHIN A PERIOD OF SIX (6) MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: NONE NOTE NO. 4: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, ASSEMBLY BILL 512 (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. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. THE PERSONS WHO ARE PARTIES TO THE TRANSACTION TO WHICH THIS TITLE INSURANCE POLICY RELATES (THE -PRINCIPALS-) EACH AGREE, UNDERSTAND AND ACKNOWLEDGE THAT EQUITY TITLE COMPANY (EQUITY) IS ALSO ACTING AS AN ESCROW HOLDER IN CONNECTION WITH THIS TRANSACTION AND IS NOT ACTING AS A TRUSTEE OR IN ANY OTHER FIDUCIARY CAPACITY. EQUITY'S DUTIES SHALL BE LIMITED TO SAFEKEEPING OF SUCH MONEY AND DOCUMENTS RECEIVED BY IT AS ESCROW HOLDER, AND FOR THE DISPOSITION OF SUCH MONEY AND DOCUMENTS IN ACCORDANCE WITH THE WRITTEN INSTRUCTIONS ACCEPTED BY IT AS AN ESCROW HOLDER. . ORDER NOV: SD0132640 ALL FUNDS RECEIVED BY EQUITY AS ESCROW HOLDER SHALL BE DEPOSITED TO AN ACCOUNT (THE -ESCROW ACCOUNT") WITH A STATE OR FEDERAL BANK (THE -DEPOSITORY'). EQUITY MAY ALSO DEPOSIT ESCROW FUNDS FOR OTHER CUSTOMERS FOR UNRELATED TRANSACTIONS TO THE ESCROW ACCOUNT. UNLESS OTHERWISE AGREED IN WRITING, EACH OF THE PRINCIPALS AGREES, UNDERSTANDS AND ACKNOWLEDGES THAT: THE ESCROW ACCOUNT IS NON-INTEREST- BEARING; NO FINANCIAL OR OTHER BENEFITS WILL BE EARNED BY OR PROVIDED TO ANY OF THE PRINCIPALS WITH RESPECT TO SUCH FUNDS; AND EQUITY AND ITS AFFILIATES MAY INSTEAD RECEIVE DIRECT AND INDIRECT FINANCIAL AND OTHER BENEFITS FROM THE DEPOSITORY WITH RESPECT TO SUCH FUNDS. THESE BENEFITS SHALL BE TREATED AS ADDITIONAL COMPENSATION TO EQUITY FOR ITS SERVICES AS AN ESCROW HOLDER IN THIS TRANSACTION. ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY UPON DEPOSIT ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED. OUTGOING WIRE TRANSFERS WILL NOT BE AUTHORIZED UNTIL CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR AVAILABILITY OF DEPOSITED CHECKS, NOTE: IF YOU INTEND TO WIRE FUNDS TO EQUITY TITLE COMPANY, PLEASE CALL OUR OFFICE AND SEND THE FUNDS TO: IMPERIAL BANK 2015 MANHATTAN BEACH REDONDO BEACH, CA 90278 EQUITY TITLE COMPANY SAN DIEGO TRUST ACCOUNT #0031023181 ABA ROUTING #122201444 PLEASE REFERENCE OUR ORDER NUMBER AND THE TITLE OFFICER'S NAME [!AI4YAi:] 10 1/04,2001 00:20 0000000000 E PAGE 04 .. .. City of Carlsbad --- -_ - - . -- - M~ DISCLOSURE STATEMENT Applicant statement or disclosure of certain ownership interests on all applications which will require discretionap 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 pro jet cannot be reviewed until this information is completed. Please print- Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver. syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be prpvded belo%. APPLICANT (Not the applicanfs agent) Pro'ide the COMPLEn. LEGAL names and addresses of ALL persons having a financial interest in the application If the applicant includes a colporation or Daruirship. include the names. title, addresses of all individuals owning more than 10% of the shares. IF NO 1NDVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a nubliclv-owned corporation. include the nam es. titles, and addresses of the corporate officers. (A separate page may he attached if necesarv.) - Person Corp/Part_Cingular Wireless Title1 . Title___________________________________________ Addiess Address6170_Cornerstone Court #180 Stt J2/ 2 OW?ER (ot the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership. tenants in common, non-profit. corporation. etc.). If the ownership includes a corporation or partnership. include the names, title. addresses of all individuals owning more than 0% 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 pb1iclv- oiied corporation, include the names. titles, and addresses of the corporate officers. (A separate page may be attached if necessarv) Person A206W JlAwa Corp/Partj' 77 LI%L! CMLS9AV" "a- Title ?iCt5100ii. Title__________________________ Addrss______________________________ I &443 ,#IIA Address _-tJi'1taj)cr-_'jE-1 466 2075 Las Prnas Dr • Carlsbad. CA 92009-1576 • (760) 43$-1161.PA t'?r A5 " JOft 12/04/2001 00:20 0008000000 .. E .. PAGE @5 3. NON-PROFIT ORGANIZATION OR TRUST If an' person identified pursuant to (1) or (2) above is ajionrofit organization or a Trust, list the names and addresses of AN person serving as an officer or director of the non-profit oi'ganization or as trustee or beneficiary of the. 'Non ProfivTrust_______________ Non Profit/Trust_ Title_________________________________ Title_______________________________________ Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards. Commissions. Committees and/or Council within the past twelve (12) months" E Yes No If yes. please indicate person(s): NOTE: Attach additional sheets if necessary. I cernfv rh the above information is true and correct to the best of my knowledge. U V1 ,12 -u- ô (CU ) ) -- Signatu e of owner/date Signature of applicant/date /2c3&'q J4&-frcA-, °,n6i..r 114t L,/$.VZf 1j Cingular Wireless Print or type name of owner Print or type name of applicant 4-ks Api) ( CA7t-S fjPØ" L 1-C- vv e--- Signature of ow er/applicant's agent if applicable/date Print or type name of owner/applicant's agent ADMIN'.COUWTR\D,SCLQSURE STATEMENT 5!! •• cinauIar•• WIRELESS November 29, 2001 To: All Cities and Agencies From: Charles Vranek, Vice President Real Estate Re. Letter of Authorized Agents Pacific Bell Wireless I Cingular Wireless The below named representatives are hereby authorized to act as an Agent on behalf of Pacific Bell Wireless / Cingular Wireless (Cingular) in obtaining planning, building and related permits. This authorization is applicable to any and all matters, including public hearings, affecting Cingular land use entitlement applications in all jurisdictions throughout Southern California. Please direct project related correspondence to the firm and the representatives listed below: Authorized Representatives: PlanCom, Inc. 302 State Place, Second Floor Escondido, CA 92029 Darrell W. Daugherty Krystal Patterson Ted Marioncelli Robert E. Medina Karen Adler Kelly Vivanco Authorized By: I%OL 1~04 Charles Vranek Vice President Real Estate Pacific Bell / Cingular Wireless Cirigular Wir.Iess • 6170 Cornerstone Court • Suite 180 • San Diego, CA 92121 .. .. cinaular ''WIRELESS Designated Officers B. Shaner R. DiChappari K. Quinn-Teuscher 3. Dwyer D. Williams R. Quist W.A. Wirtz B.S. Granger M. Wagner P.J. Lauro President and Chief Executive Officer Vice President and Chief Financial Officer Vice President-Business Operations Vice President-Customer Care Vice President-Network Technology Vice President, General Attorney and Secretary Assistant Secretary Assistant Secretary Treasurer Assistant Treasurer 4420 Rosewood Drive, Building 2, 4th Floor, Pleasanton, CA 94588 Cingular Wireless • 6170 Conerstoe Court • Su te 180 San Dego CA 92121 [I ;I•1'JI'i;it1iiL•i VA fi[,1j PROJECT NAME: 5 sfta- Island APPLICANT NAME: cingular Wireless - - Please describe fully the proposed project. Include any details necessary to aaequatey explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for. Cr appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. See attached project description. R. 441 S. .. cingular WIREI.E$S PROJECT DESCRIPTION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD398- tjj-ttThe Island )' 58l4 Van Allen Way Carlsbad, CA 92008 Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-3416 Contact: Karen Adler, Planning Consultant December 28, 2001 Project Description (SD-398-05) Page 1 12/28/2001 .. .. cingular WiRELESS INTRODUCTION Cingular Wireless (CW), a.k.a. Pacific Bell Mobile Services, was established in 1994 as the wireless subsidiary of Pacific Bell. CW is a registered public utility and is developing an all-digital wireless network throughout California and Nevada. In March of 1995, CW was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, CW 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 CW's "Pure Digital PCS" network, design engineers at CW have had the opportunity to assess network performance and quality vis-à-vis real market data and conditions. At present, CW 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, CW is seeking approval from the City of Carlsbad for a new site at 5814 Van Allen Way. 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 CW 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. 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. Project Description (SD-398-05) Page 2 12/28/2001 .. .0 cingu tar WIULE$S SITE CHARACTERISTICS The proposed project is located at 5814 Van Allen Way at Faraday Avenue. Currently the sites use is The Islands Commercial Center. The proposed facility will be located on the southern portion of the parcel. The site is currently zoned (C-M) Commercial Limited Industrial. The surrounding land uses are as follows: North: Industrial South: Industrial East: Industrial West: Industrial PROJECT DESCRIPTION Cingular Wireless (CW) is proposing to construct, operate, and maintain a wireless PCS facility consisting of a total of twelve (12) antennas within (3) antenna arrays of four (4) antennas each. The antennas will be mounted within the fascia of a new cupola behind an RF transparent screen painted and textured to match the existing adjacent stucco wall surface. The proposed cupola will replicate the structure and height of an existing Nextet designed cupola that houses their site on the southwest end of the building. Please see the site plan for a more detailed representation of the antenna location. The supporting equipment will consist of the following: four (4) self-contained, all- weather Base Transceiver Station (BTS) cabinets, 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 equipment will be located within a stucco finished concrete block equipment enclosure on the South side of the existing building and adjacent to the trash enclosures in a landscape area. No landscaping will be removed. The equipment enclosure shall match existing adjacent building in color and texture and provide screening from adjacent properties. 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 CW 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 CW facility is by design a tow-power system. Depending upon characteristics of the site, the actual power requirements may Project Description (SD-398--05) Page 3 12/28/2001 .. cingu tar WV1LES$ .0 be reduced. When operational, the transmitted signals from the site will consist of non- ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the FCC standard for continuous public exposure of 900 microwatts 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 CW 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, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION CW 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 JusnFIcKrIoN As noted, Cingular 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. CW 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 Project Description (SD-398-05) Page 4 12/28/2001 .. cingular WIRELESS .0 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 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 CW 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. Project Description (SD-398-05) Page 5 12/28/2001 .. cingular WIRELESS *0 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-398-05) Page 6 12/28/2001 cingular WIRELESS PHOTO STUDY PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD-398-05 The Island 5814 Van Allen Way Carlsbad, CA 92008 Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 Contact: Karen Adler, Planning Consultant (760) 715-3416 December 28, 2001 Photo Study (SD39805) Page 1 12/28/2001 - > cingular WIRELESS Project Site and Surroundings - 5814 Van Allen Way Photo Study (SD-398-05) Page 2 12/28/2001 cingular WIRELESS Project Site and Surroundings - 5814 Van Allen Way I,, t __ •1 1.L a Photo Study (SD-398-05) Page 3 12/28/2001 :.: cingular WIRELESS Project Site and Surroundings - 5814 Van Allen Way El T - M. fill 1111ff 11111111 IIIIIIIIIWI 111111 I!IHI 1111111 IlItIlItIRI - a LH View #5 - Proposed ent location Photo Study (SD-398-05) Page 4 12/28/2001 XIK cingulan WIRELESS Photo Study (SD-398-05) Page 5 12/28/2001 cingular WIRE LESS Project Site and Surroundings - 5814 Van Allen Way View #9 - View of existing Nextel site on roof Photo Study (SD-398-05) Page 6 12/28/2001 A 'A fpF F-wilt Al T : SD-398-05 THE ISLAND 5814 VAN ALLEN WAY CARLSBAD, CA 92008 fr cingular EXISTING WIRELESS PROPOSED ANTENNAS MOUNTED BEHIND RF SCREEN MATERIAL INSIDE PROPOSED CUPOLA 0 rr- Kz pw nil PHOTOSIMULATION OF PROPOSED ANTENNA LOCATION PROPOSED SD-398-05 THE ISLAND 5814 VAN ALLEN WAY - CARL SBAD, CA 92008 I J cingular WIRELESS PROPOSED ANTENNAS MOUNTED BEHIND RF SCREEN MATERIAL INSIDE PROPOSED CUPOLA - I' PROPOSED : •:- dfflIIaIIlltNIJIlIIHLIfflIULlILLJ PHOTOSIMULATION OF PROPOSED EQUIPMENT LO EXISTIWG SD-398-05 THE ISLAND 5814 VAN ALLEN WAY CARLSBAD, CA 92008 zIl %ww4"' /cinaular WIRELESS PROPOSED PROPOSED EQUIPMENT LOCATION will 1111111 IllhIIIIuu I III IIIJI'lflhIII 111111 111111 mo "%lii a !t it; AL • • I SD-398-05 THE ISLAND 5814 VAN ALLEN WAY CARLSBAD, CA 92008 I cingular EXISTING WIRELESS * PROPOSED ANTENNAS MOUNTED BEHIND RF SCREEN MATERIAL INSIDE PROPOSED CUPOLA PROPOSED .. .,. 117 '................... 4 SIP L- r - Ott PHOTOSIMULATION OF PROPOSED ANTENNA LOCATION EXISTING SD-398-05 THE ISLAND 5814 VAN ALLEN WAY CARLSBAD, CA 92008 c i n g u I a r WIRELESS PROPOSED PROPOSED ANTENNAS MOUNTED BEHIND RF SCREEN MATERIAL INSIDE PROPOSED CUPOLA Ism =A ling mm 4 . 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