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HomeMy WebLinkAboutCUP 03-26; PILGRIM CHURCH PCS FACILITY; Conditional Use Permit (CUP)CITY OF CARLSBAD LAND USE FLEVI APPLICATIONS APPLIED FOR: {CHECK BOXES) (FOR DEPARTMENT D Administrative Permit - 2nd Dwelling Unit D Administrative Variance Coastal Development Permit Conditional Use Permit O Condominium Permit 0 Environmental Impact Assessment Genera Plan Amendment 0 Hillside Development Permit 0 Local Coastal Plan Amendment Master Plan '1 Non-Residential Planned Development 0 Planned Development Permit (FOR DEPARTMENT 11 Planned Industrial Permit U Planning Commission Determination 0 Precise Development Plan U Redevelopment Permit 0 Site Development Plan 0 Special Use Permit Specific Plan Tentative Parccl Map Obtain from Engineering Departrnert Tentative Tract Map 0 Variance Zone Change 0 List other applications not 2) ASSESSOR PARCEL NO(S).: 205-330-26 3) PROJECT NAME: Pilgrim Church 4) BRIEF DESCRIPTION OF PROJECT: Telecommunications Facility 5) OWNER NAME (Print or Typal 6) APPLICANT NAME (Print or Type) Pilgrim United Church! Pat Allen Sprint PCS Assets, L.L.C. MAILING ADDRESS MAILING ADDRESS 2020 Chestnut Avenue 2650 Camino Del Rio North Suite 100 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 760.729.6311 San Diego, CA 92108 619.220.7810 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE REST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. CORRECT TO THE BEST OF MY KNOWLEDGE. See attached LOA SIGNATURE - - DATE SIGNATURE DATE BRIEF LEGAL DESCRIPTION TCT 255-POR NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED. MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQuIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITThL PRIOR TO 4:00 P.M. Form 15 PAGE 1OF2 B) LOCATION OF PROJECT: S STREET ADDRESS ON THE North SIDE OF Chestnut Avenue (NORTH, SOUTH. EAST, WEST) (NAME OF STREET) BETWEEN Monroe Street AND Donna Drive 1 (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I I I 10) PROPOSED NUMBER OF LOTS N/A 11) NUMBER OF EXISTING N/A 12) PROPOSED NUMBER OF RESIDENTIAL UNITS RESIDENTIAL UNITS f 13) TYPE OF SUBDIVISION NIA 14) PROPOSED IND OFFICE! SQUARE FOOTAGE N/A 15) PROPOSED COMM SQUARE FOOTAGE N/A L 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE N/A 17) PROPOSED INCREASE iN ADT N/A 18) PROPOSED SEWER USAGE IN EDU N/A 19) GROSS SITE ACREAGE 2.0) EXISTING GENERAL R-01 21) PROPOSED GENERAL R-01 PLAN PLAN DESIGNATION 22) EXISTING ZONING 23) PROPOSED ZONING I S 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IIWE CONSENT TO ENTRY FOR THIS PURPOSE -_i SIGNATURE FOR CITY USE ONLY FEE COMPUTATION RECEIVED APPLICATION TYPE FEE REQUIRED OCT t ' LJLI CT OF GRLSAL PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED n DATE FEE PAID RECEIPT NO. 1 1 Form 16 PAGE 2 OF 2 11 E 3 Development Solutions . j 10680 Treena Sheet Suite 230 San Diego, CA 92131 Development Tel: (858) 547-0394 Solutions Fax: (858)547064 Land Use Planning Project Management SPRINT PCS PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY CONDITIONAL USE PERMIT PILGRIM CHURCH 2020 CHESTNUT AVENUE S CARLSBAD, CA 92008 SD4OXC3I 6 0 . . E 3 Development Solutions j 10680 Treena Street Suite 230 San Diego, CA 92131 Development Tel: (858) 547-0394 Solutions Fax: (858) 547-0564 Land Use Planning Project Management SUPPLEMENTAL INFORMATION PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT PILGRIM CHURCH OF CHRIST: 2030 CHESTNUT AVENUE, CARLSBAD, CA 92008 Visibility The proposed project has been designed so that the antennas will be completely concealed behind existing and newly constructed architectural elements of the building. The equipment cabinets will be concealed by an integrated equipment shelter designed to match existing materials at the site. As such.. the installation will be hidden from public view and minimally disruptive of the host property. Collocation Every attempt is made to collocate with either existing wireless communications facilities or jointly on new a structure. • Height The proposed facility is located within a -1 single family zoning district. The height limitation for such a district is 35 feet where the property lot area exceeds 20,000 square feet. (The host property is 1.4 acres or approximately 60,984 sq. feet). The zone also makes height exceptions for enumerated protrusions like extensions of church crosses or steeples where the design makes use of existing architectural elements of the building. The top height of the proposed extension is only 40 feet. The facility, therefore is in compliance with this district. Setbacks The proposed wireless communications facility is located on a rooftop with a small footprint for ground equipment. The antennas are completely contained on the extended church cross/steeple behind RF transparent material. The equipment shelter complies with all setback requirements. Site Selection Process Sprint PCS makes the determination to expand its Personal Communications Service (PCS) coverage in a community. Sprint engineers then prepare a preliminary network design based on characteristics of the community, available radio frequencies and wireless equipment capabilities. This network design identifies "search areas" in which PCS facilities must be located in order for the network to function as an integrated whole. Sprint conducted a thorough search for sites necessary to complete the network in this area of Carlsbad. The site located at 2020 Chestnut Avenue is the best candidate based on technological and aesthetic constraints. Existing and Proposed Sites Attached as Exhibit R are maps of existing and proposed facilities surrounding the site at 2020 Chestnut Avenue. E] Description of Services Personal Communications Services is a generation of wireless technology used by Sprint PCS. By utilizing digit transmission, PCS is able to dramatically improve the quality of service for wireless consumers. Conventional analog-cellular systems do not have the advantage of speaking in the digital language of computers. This digital transmission allows PCS to outperform traditional cellular service in several ways, including: improved voice quality and consistency, increased security and privacy, feature-rich digital service choices (like voice-mail, paging, caller ID, etc), digital data capabilities (like email, facsimile, internet access, etc.), and alpha numeric paging. Verification of Radio FreQuency (RF) Compliance The proposed facility will comph with FCC guidelines for human exposure. See attached Exhibit N. S S fl • 3 Development Solutions Land Use Planning Project Management E 3 Development Solutions 10680 Treena Street Suite 230 San Diego, CA 92131 Tel: (858) 547-0394 Fax: (858) 547-0564 INTRODUCTION PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT PILGRIM CHURCH OF CHRIST: 2020 CHESTNUT AVENUE, CARLSBAD, CA 92008 General Information Sprint PCS operates the largest digital Personal Communication Service (PCS) wireless network in the United States. Sprint already serves the majority of the natioifs metropolitan areas, including more than 4,000 cities and communities across the country. Sprint has licensed PCS coverage of nearly 16 million people in the continental US. Ha'vaii.. Puerto Rico and the U.S. Virgin Islands. In southern California and locally, in San Diego County, Sprints license covers over 700,000 users. The Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) regulate this license. Facility Description is Chestnut PCS is proposing an unmanned wireless communications facility at the building located at 2020 Chestnut Avenue in Carlsbad. The design consists of three (3) panel antennas (one per sector) hidden behind new and existing architectural elements of the building. The three antennas are proposed to be mounted within an extended version of an existing cross on the church building. The antennas will be screened by RF transparent material and painted and textured to match the existing building materials. The associated equipment will consist of four equipment cabinets including: one primary modcell cabinet, one battery cabinet, one power and one telco cabinet. The equipment will be screened from public view by a CMU enclosure painted and textured to match existing building materials. The enclosure will be covered with an overhead lattice painted to match the existing building façade. The entire installation will total approximately 120 square feet. PCS Site Selection In order to meet the basic level of operational radio signal coverage for the Carlsbad area, and to comply with their FCC license, Sprint PCS radio frequency engineers have designed a network of PCS sites. Site selection criteria include, among other Things; the intended service area for the PCS site, limitations imposed by surrounding topography (the ability of a particular site to "see" the proposed area and other sites in the network), successful radio testing, availability of electrical and telephone service, lease feasibility and the requirements of local permits. The site is necessary to complete holes existing in Sprint's network and will provide reliable coverage for this part of Carlsbad. Whenever feasible, Sprint PCS strives to design sites that blend with the local surroundings, utilize existing structures, and are unobtrusive to the communities that house them. As such, a communications facility at 2020 Chestnut Avenue would be an excellent candidate because it is attached to and carefully integrated with • an existing building structure. Conclusion The proposed facility is an ideal candidate for a telecommunications facility because it is visually compatible with the surrounding area. The design is architecturally integrated and will serve the general public. S City of Carlsbad •JPl ann i ng 'I.J.Tá4, y1I ii HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5,1 have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. O The development project and any alternatives proposed in this application are contained on the Jim compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: Sprint PCS Assets, L.L.C. Name:Pilgrim Church/ Pat Allen Address. 2650 Camino Del Rio North #100 Address- 2020 Chestnut Avenue San Diego, CA 92108 Carlsbad, CA 92008 Phone Number: 61 9.220.7810 Phone Numb .r: 2020 Chestnut Avenue Carlsbad, CA 92008 Address of Site: Local Agency (City and County): City of Carlsbad, San Diego County 205-330-26 Assessor's book, page, and parcel number: Specify list(s): Regulatory Identification Number: Date of List: See Attached LOA Applicant Signature/Date Property Owner Signature/Date 0 A&CDtIt&HazWu*c 1635 Faraday Avenue Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 Mw . . Spthit Karen Mitchell Site Development Manager Sprint PCS LU1tUiL! t1 Sut€ 100 San Diego, Ci 921:5 October 14, 2002 Re: Zoning Issues To Whom It May Concern: With this letter Sprint PCS Assets, L.L.C. gives authorization to E3 Development Solutions to represent them in any and all zoning issues concerning Sprint PCS cellular sites. 9 Please direct any questions or concerns to Karen Mitchell at 619-220-7812. Sincerely, ate11 )JJ4LLVL Karen Mitchell Site Development Manager 11 . n Site: Pilgrim Church Cascade: SD40XC3 16 AUTHORIZATION In order to determine the viability and permit the use of a -wireless antenna facility on the real property (Property") at the address stated below, the undersigned authoriy hereby grants. consents, and agrees with Sprint PCS and its authorized agents (collectively 'Sprint PCS) as follows: Filings. Owner or authorized agent consents that Sprint PCS may make and file applications for the proposed wireless facility on the Property to such local, state. and federal governmental entities whose approval may be necessary for this type of use. Submittals and approvals include zoning applications. variances. land use descriptions, and other submittals necessary for this type of use. Owner: Date: Property Address: Sprint PCS: Print Name: Date: Pilgrim United Church of Christ of Carlsbad c —3--Q3 2020 Chestnut Avenue. Carlsbad., CA 92008 is QUALITY ORIGINAL (5) • ..:. - ... - . . ;: = - . - Federal uicatioi- CurnisiO ..I RADIO STATION AUTHORIZATION Cc mwrrdil Mobile Radio Ser1ice PDa.1 Coimi.rnkada Sai-vi - Brold'52.d COX COM4UN1CAT1O4S PCS, LP. 1400 Lake 1-{arn Drive, N.e AUzrta, GA 0319 Call Sian: KNLF20I M002 LOS ANGE EL3.-.!-&M Chzzmel 8 iock:A FUNi.ibr 15001.CW..L-94 Th Uc rFis = th-z f:r the 4 I4id. t ü z== mdltni fliui £r ar3e 'tth the t dci Lit d-bed.. Thisithori L .bjc in t pm%isic= of th: Ciz A= of i iiei afC=Vmt3,i1oa to thta L1n1-=d5== Lt a 4 and rtto of the odtZ CoLcic. âi in the Titie 47 of the U.S. Cot: ofFea1 Ieer14194 Five-yar Build Out Date . Decemhr 14, 199 apirajoift Decmbr14, 2004 CDTC. ?ut to Soiio 9(b) of the C irioos Act of 1934 ==L-d, (47 U.S.C. § 309()), thi is ub3ect to th: fqliowir ror: This dc.i riot v= in the lioeuste zy rghr to oprzr ; any riht in the is of frquoes th th.trTnot it ziy or mnerthe. authi hin tth NritL- lic== r.or the right t==dcr s1 be usigzad or ohri3: fr In Vinlamom of the .t of 1934, is zded (47 U.S.C. § 151. sq.). Th13 Uce &ubj tts to the rig of o.e or coLrrr4 by Soo 705 of the Co ictioo.s Art of 1934, as eothed - (L7L'.SC.cs). -- 4o jied w± t.3 uthorioe. LDrg jkrj 1!, L?57 t-rr- I.. LC.. • - I This rr1 .eçir ziw. LLie z ~3 MHz Sec= Frtcy BLock A (1150-1 3S M&I 90- L45 .C1z) LCt AI Dio 1'{7A th: dcai= id tS10 pou which the ward th tc ws b& This condIdon eç =.. 41 C.Y 24.203 (s). Zltll mquirm thi.t the sii T=3n ==I Of the um=sc rcr 2L I-.Let th ii±iei IkecV= dair or =til the —=t= bm Me 614 Eve-y bñL-otz rzquir== of 47 C.F.R_ § 24203( Gt ar,tis ti Ee ___ iirx rzzr I 91 fr ?e:1z:wy Ii y Sprirn ?E 4 Sp S2c. ?4ZtL Spr ?C. CWiJ 97-c Upet Lhe Lu-ir--m=afte Lim by Cox= Cc7.PCS,=dth rth w Cox ?CS, 311 pay== uhljgz~c=LIE C= to t4: FCC Ist as 2 - - czndizan to thic cfth: to Cox ±J1 bIizc of Co PC3 (tz the Obliiaticm b--v.- ot prs'icts1y b s.id). . Upon of zhe ft=smzdal . 4 pr dhlipdoas tbsx wem ipcsed as the 1se --hMU be==he £g ?CSJ LP such thUg havi not pTtviaui1y b= sisd) ei4 Cox c Azfl b t -ge fr U si CZi3T13 -- CC Fr 4.5 . ; 0 Cit of Carlsbad INSTRUCTION SBEET FOR FILLING OUT ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I This Environmental Impact Assessment (BIA) Form - Part I will be used to determine what type of environmental documentation (i.e. Environmental Impact Report, M1tgated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly detennining the specific environmental effects of your project Judicial decisions have held that a "naked checklist," that is a checklist that is merely checked "yea impacf' or "no impact," is insufficient to comply with the requirements of the California Environmental Quality Act 'When preparing this form, each "yes impact" or "no impact" . answer must be accompanied by a written explanation justifying the "yes impact" or "no impact5' answer.. Amy environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Impact Assessment This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form * Part U. F- 1635 Faraday Avenue • Carlsbad GA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.chcaxlsbad.ca..us 19 . . 0 ENVrn0NMENTAL IMPACT ASSESSMENT FORM - PART I (I!I CASENO:___________ DATE: 13AKGRODND I. CASNA: Pilgrim Church E3 Develooment Solutions 2. LEAD AGEWCNAMEAND ADDRESS: 10680 Treena St. #230 San Dieio. CA92131 3. CONTACT PERSON AND PHONE MThIBER Cathy Sit itliiiatter 858.547.0394 4. PROJECT LOCATION: 2020 Chestnut Avenue Carlsbad, CA 92008 Sprint PCS Assets, L.L.C. 5. PROJECT SPONSOR'S NAME AND ADDRESS2650 Camino Del Rio North 100 San Diego, CA 92108 6. QgNERALPLANDESIGNAflON: RLM- Residential Low Medium . ZONINO R-1 Single Family Residential g OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., pumits Thiancing approval or participation agreements): N/A 9. PROJECT DESCRIPTION! ENVIRONMENTAL SEr nNG AND SDRODNDING IAN]) USES: Installation and operation of a wireless telecommunication network. Rev. O7/26R2 Ll . [IJ EOI'MENTAL FACTORS POTENTh4ILY ACTED: The summary of environmental factors checked below would be potentially affected by This project involving at least erie impact that is a tTotentially Sigoifcant Impact," or 'Tolenuially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. . D Aesthetics oAgricultaral Resources DAirQuality Biological Resources [1111 Cultural Resources fl Geology/Soils 0 yrdsffla=dDus Materials 0 'Hydrology/Water Quality Land Use and Plafrg 0 Mineral Resources Mandatory Findings of Significance []Noise [1 Population and Housing OPublic Services D Recrealion 0 Tn/Circulalion Duwites & Service Systems . 2 Rev. 07/25102 S ENVIRONMENTAL IMPACTS STATE CEQA GTJ1DELThBS, Chapter 3, Article 5, Section. 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect an the environment The Environmental Impact Assessment appears in the following pages in the form of a checklist This checklist identifies any physical, biological and Ium,ii thctors 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 (EM), Negative Declaration, or to rely on a previously approved Lilt or Negative Declaration. A brief explanation is required for all answers except 'o Impact! ' answers That are adequately supported by an inibunation scarce 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 Isupauf' answer Should be explained when there is no source document to refer to, or it is based on project-specific fectors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significariHyadverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced 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 significantly adverse. 5 • Based on an'MA-Part r, if a proposed project could have a potentially sigoificant adverse effect on the environment, but gfl potentially significant adverse effects (a) have been analyzed adequately in an earlier FIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier Lilt 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 Lilt are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. When 'Potentially Significant Impact" is checked the project is not necessarily required to prepare an 111K if the significant adverse effect has been analyzed adequately in an earlier Lilt pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made Pursuant to That erlier, 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 adverse ect on the environment. If There are one or mere potentially significant adverse effects, the City may avoid preparing an EM if there are mitigation measures to clearly reduce adverse 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 maybe prepared. Rev. 07/26/02 C An B& must be prepared if 'Potentia]ly Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EJR pursuant to applicable standards, and the developer does not agree to mitigation measures That reduce the adverse impact to less than sign±Ecant (2) a "Statimit of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier BJR (3) proposed mitigation measures do not reduce the adverse impact to less Than significant or (4) through The MA-Part I analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness ofamitigationineasure in reducing a potentially significant effect to below a Level of signiflcance A discussion of potential impacts and the proposed mitigation measures appears at the and of the form under DISCUSSION OF ENVUtO1'MBNTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, wliich'wonld otherwise be detennined significant . A Rev. 07126/02 • Issues (and Supporting Information Sources). Potentially (Supplemental docm,mts maybe referred to and attached.) - Potentially Sigiuflonit Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact L AESTJli7IICS - Would the project a) Have a substantial adverse effect on a scenic vista? [] [] F b) Substantially damage scenic resources, including but D D 0 [I1 not limited to frees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or [] 0 0 [] quality of the site and Its surroundings? F d) Qeate a new source of substantial light and glare, fl 0 0 FRI which would adversely affect day or nighttime views in the area? IL AGRICDLTRAL RESOURCES - (in determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmlanfL) Would the project a) Convert Prime Farmland, Unique Farmland, or [] D 0 1I1 Farmland of Statewide Importance (Farmland), as shown on The maps prepared pursuant to the Pm'mTh'nd Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or [J 0 fl a Williamson Act contract? c) Involve other changes in the existing environment, [J 0 [] which, due In their location or nature, could result in conversion of Farmland to non-agricultural use? III. AIR QUALifY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations) Would the project a) Conflict with or obstruct implementation of the [J 0 0 [II applicable air quality plan? F b) Violate any air quality standard or contribute El 0 0 [] substantially to an existing or projected air quality violation? 5 Rev. 07P26/02 Rev. 07126102 . a II U U . Issues (and Supporting Inflxrmation Sources). (Supplemental documents may be referred to and attached.) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Potentially Significant Impact U Potentially Significant Unless Mitigation Incorporated 0 Less Than Significant No 111ip30t Impact d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project- a) Have a substantial adverse effect, either directly or Through habitat modifications, on any species i.,ied as a candidate, sensitive, or special status species in local or regional plans, policies, or regulatLnns, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) . Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural comirnmity identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or US. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, venial pool, coastal, etc.) Through direct removal, Ming, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 1) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or slate habitat conservation plan? g) Impact tributary areas that are environmentally • sensitive? o 17. Fx1 U D1 U U 0 0 KI 0 0 FK U * U IM-1 U 0 0 nX 0 D U Ii S • Issues (and Suppoiting Information Sources). Potentially (Supplemental documents may be referred to and attached) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES -Would the project- a) Cause a substantial adverse change in the LI] [I] [J kJ significance of a historical resource as defined in §115064.5? b) Cause a substantial adverse change in the sigthfl- [j] fl I] canoe of an archeological resource pursuant to §15064.5? c) Direcily or indirectly destroy a unique paleontologi- fl fl cal resource or site or unique geologic feature? d) Disturb any human remains , including those interred fl outside of formal cemeteries? VL GEOLOGY AND SOILS -Would the project a) Expose people or structures to potitiaI substantial adverse effects. including the risk of los& injury or death involving: I. Rupture of a known earthquake fault, as LI] D [1 1 1 delineated on the most recent Alquist-PrIolo . Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? El El 0 iii. Seismic-related ground failure, including [I] 0 0 V1 liquefaction? iv. Landslides? 0 0 LI k] b) Result .in substantial soil erosion or the loss of LI LI E] topsoil? a) Be located on a geologic unit or soil that is unstable, [J or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soils, as defined in Table 18 El 0 D - 1-B of the Uniform Bni1iig Code (1997), creating substantial risks to life or property? 7 Rev. 07/26102 . . Issues (and Sponizg !nf milan Sources). Potentially . (Su,lemental docm"en1 may be referred to and attached.) Sign5cant Potentia]y Unless Less Than Signif cant Mitigation Signif cant No - Insated Impact Impact e) Have soils incapable of adequately supporting the 0 El El 1J use of septic tanks or alternative wastewater disposal systains where sewers are not available for the disposal of wastewater? VII. HAZA1DS AND HAZARDOUS MATERIALS - Would the project a) Create a sigafficant hazard to the public or the [I] El lii environment Through the routine transport, use, or disposal of hazardous materials? b) Create a signifcant hazard to the public or 0 0 environment through reasonably foreseeable upset and accident conditions involving the release of hazardous infFi4p1c into the environment? c) Emit hazardous emmunis . or handle hazardous or El l 0 acutely hazardous materials, substances, or waste within one-quarter rolls of an existing or proposed sdhool? ci) Be located on a site which is included on a list of D 0 0 l] hazardous materials sites compiled pursuant to • Government Code Section 659625 and, as a result, would it create a significant hazard to the public or environment? e) Per a project within an airport land use plan, or 0 0 k] where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? i) For a project within the vicinity of a private airstrip, 0 0 0 would The project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with U 0 !I] an adopted emergency response plan or emergency evacuation plan? ii) Expose people or structures to a significant risk of 0 0 rX loss, injury or death involving wildlaud fires, including where wildlands are adjacent to urbanized areas or where residences are Ltuuied with wildlancs? Vili. HYDROLOGY AND WATER QUALITY - Would the project a) Violate any water quality standards or waste FJ D El Fx discharge requirements? 8 Rev. 07126102 Issues (and Supportipg information Sources). Potentially (Supplemental documents may berefeired to and attached.) Significant W Potentially Unless Lem 'Thau Significant Mitigation Significant No Impact Incorporated Impact Impact b) Substantially deplete groundwater supplies or fl [] [] 1] interfare substantially with ground water recharge such that timers would be a net deficit in aquifer volume or a lowering of the local ground water table level Cie., the production rate of pie-existing nearby wells would drop to a level which would not support existing laud uses or planned uses for which pen-nits have been granted)? G) Impacts togroundwater quality? LI 0 0 t] d) Substazrtiallyaltertlmcexislingdminagepattemoflhe D 0 0 site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? e) Substantially alter time existing drainage pattern of the LI 0 LI II site or area, including through the alteration of the course of a stream or river, or substantially increase the flow late or amount (volume) of surface runoff in a 1n1mer, which would result in flooding on- or off- site? f) Create or contribute runoff water, which would [] 0 exceed the capacity of existing or planned stuj.mw4er drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? LI LI LI [1 h) Place housing within a 100-year flood hazard area in LI 1J mapped on it Federal Flood Hazard Boundary or Flood insurance Rate Map or other flood delineation map? 1) Place within 100-year flood hazard area structures, 0 which would impede or redirect flood flows? j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) inundation by seiche, lsmlRn4 or mudilow? 1) increased erosion (seThm.iit) into receiving surface waters. LI 0 D] LI LI DJ LI 0 D m) Increased pollutant discharges (e.g., heavy metals, El pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-rifrg substances and trash) . into receiving surface waters or other alteration of receiving suthce water quality (e.g., temperature, dissolved oxygen or turbidity)? LI DI 9 Rev. 07i26/02 S . Issues (and Supporting Information Sources). Potentially W (Supplemental documents may be refeied to and attached.) - Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact n) aanges to receiving water quality (marine, fresh or [I] El 0 wetland waters) during or following construction? o) Increase in any pollutant to an already impaired El El 0 1] water 303(d) list? p) The exceance of applicable surface or groundwater 0 0 0 liz] receiving water quality objectives or degradation of beneficial rises? IL LA!WUSE AND PIJG -'Would the project a) Physically divide an established comnmnity? D El El IJ b) Conflict with any applicable land use plan, policy, or 0 0 0 {] regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an enviromnentzi effect? c) Conflict with any applicable babilat conservation 0 0 0 1J plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project a) Result in The loss of availability of a known mineral 0 0 resource that would be of fature value to the region and the residents of the State? b) Result in the loss of availability of a locally EJ El D KI important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOM -Would The project result in: a) Exposure of persons to or generation of noise levels ED 0 0 in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 0 0 0 groundbourne vibration or gronndbouxne noise levels? c) A substantial permanent increase in acibient noise 0 0 0 1J levels in The project vicinity above levels existing without the projecf? . d) A substantial temporary or periodic increase in El D 0 [] ambient noise levels in the project vicinity above levels existing without the project? 10 Rev. 07/26102 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact LI D 0 LI LI FEIMEM LI LI 0 0 LI LI DJ o 0 0 LI LI D nX 0 0 D] D LI D] 0 0 O] U U U S . n . Issues (and Supporting lufonnalion Sources). (Supplemental documents may be referred to and attached.) e) For a project located within an airport land use plan o; where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPI)LATJON AND HOUSING -Would the project a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necess±tatng the construction ofieplacement housing elsewhere? Xffl. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order in maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? 11V. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such That substantial physical deterioration of the facility would occra or be accelerated? 11 Rev. 07/26/02 . . Issues (and Supporting Infconalion Sources). Potentially (Splemental documents may be refened to and attached.) Signi.caiit Potentially Unless Less Than Sigthcant Mtigation Significant No bupact Incorporated Impact Impact b) Does the project include recreational facilities or D D 0 i] require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project a) Cause an increase in traffic, which is substantial in 0 0 0 relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either The number of vehicle trins, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level 0 0 D of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including LI [1 0 11 either an increase in fm5 levels or, a change in - location that resulis insubstantial safety risks? . d) Suhatnth11y increase hazards due to a design feature 0 0 [1] (e.g, sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? a) Result ininadequate emergency access? 0 0 0 I] f) Resultininsufflcientprkingcapathiy? LI D LI I] g) Conflict with adopted policies, plans, or programs 0 0 0 I] supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. TJTILJTEES AND SERVICES SYSTEMS - Would the project a) Exceed wastewater treatment requirements of the LI 0 I] applicable Regional Water Quality Control Board? b) Reqtiira or result in the construction of new water or 0 0 D wastewater treatment facilities or expansion of existing facilities, The construction of which would cause signifcanl eiavhunrnental effects? C) Require or result in the construction of new storm LI LI !1] water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available In seive the 0 D [I] 1] project from existing entitlem.n and resources, or are new or expanded entiflemenis needed? 12 Rev. 07/26102 Issues (and Supporting Information Sources). Potentially (Supplemental documents may be referred to and attached.) Significant w Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Result in a determination by the wastewater LI D LI KI treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 1) Be served by a Jmffih1 with sufficient permitted LI 0 0 I] capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and fl 0 0 I] regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the fl LI LI 11 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 siiimnl comimmity, reduce the number or restrict the range of a tare or endangered plant or animal or eliminate important examples of the major periods of • California history or prehisfory? b) Does The project have impacts that are individually fl [] LI i:i Thuited, but cumulatively considerable? ("Cumula- tively 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 foture projects?) c) Does the project have environmental effects, which 0 LI [II I] will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. EAIUJER 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 ElK 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. 13 Rev. 07j6/02 . S DISCUSSION OF ENVIRONMENTAL EVALUATION AIR QtAIITV—Would the project a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact The project site is located in the San Diego Air Basin which is a federal andd, state natmiit area for ozone (03), and a state non-attuimnent area for particulate matter less than or equal to 10 microns in diameter (PMII). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAR), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by The Air Pollution Control District (APCD) and the San Diego Association of Governments. (SAI4DAG). Aplar&to meet The federal standard for ozone was developed in 1994 during The process of updating The 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State huplemeirtatian Plan (SIP). The SIP was adapted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Bnviroumental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS Through The ]ad use and growth assumptions that are incorporated into the aix quality planning document These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then The project presumably has been anticipated with the regional air quality phmi+ng process. Such consistency would ensure that the project would not have an adverse regional air quality inrpact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to The need to evaluate any inconsistencies between the proposed project and the applicable air quality W management plan. Transportation Control Measures (T(s) are part of the RAQS. The PAQS and TCM plan set forth the steps needed to accomplish ati+nmrn,t of state and federal ambient air quality standards. The California Air Resources Board provides criteria for detarmhng whether a project confomis with the RAQS which include The following: • is a regional air quality plan being implemented ii the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City's General Plan and the 1AQS. Therefore, the project is consistent with The regional air quality plan and will in no way corrilict or obstruct implementation of The regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact The closest air quality monitoring station to The project site is in the City of Oceanside. Data available for this monitoring site through AprIl, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in bath 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated with the project, the project would involve minimal short-term emissions associated with grading and construction. Such emissions would be i'inmized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be r*rhwl.Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (couapiinng only an incremental contribution to overall air basin quality readings), nor contribute substantially in an existing or projected air quality violation. Any impact is assessed as less than sicant C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Thy 07f26/02 . . Less Than Signiflcant Impact The Air Basin is cuircntly in a non-attainment zone for ozone and suspended fine . particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions Throughout The air basin. As described above, however, emissions associated with The proposed project would be lTthli,n1. Given the limited emissions potentially associated with the proposed project; air quality would be essentially the same whether or not the proposed project is implemented. According to The CEQA Guidelines Section 15130 (a)(4). The proposed project's contribution to the cumulative impact is considered de minimu.. Any impact is assessed as less than significant AP1IER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (E1R 93-01). City of Carlsbad Planning Department March 1994. S 15 Rev. 07126/02 0 LIST 01 MGATJNGASTJRES OF APPLICABL ATTAGI MITIGATION MONTTO1ING PROGRAM (IF APPLICABIXI . n IA Rev. 07/26/02 . . . EIA PART I SPRINT TELECOMMUNICATIONS FACILITY The project site is generally located at Pilgrim United Church of Christ of Carlsbad at 2020 Chestnut Avenue. The project calls for three panel antennas mounted behind existing and extended architectural elements of the church building. The site also includes an equipment enclosure housing outdoor cabinets to the rear of the building. The purpose of the application is to request a Conditional Use Permit. I. AESTHETICS a) No Impact: Since there antennas and associated equipment are designed to integrate into the existing building structure, the proposed project will not have any effect on a scenic vista. b) No Impact: The proposed project will not substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway because none of these scenic resources exist on or adjacent to the site. C) No Impact: The proposed project will not substantially degrade the existing visual character or quality of the site and its surroundings. Since the site is currently a church with an existing cross, and the antennas are completely integrated into a replacement cross, the project will not alter the existing visual character and quality of the site and its surroundings. d) No Impact: The proposed project will not generate any conditions adverse to views in the area. H. AGRICULTURAL RESOURCES a) No Impact: The proposed project will not convert Prime Farmland, Unique Farmland, nor Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency since no Farmland is located on site. b) No Impact: The proposed project is not zoned as agricultural use and does not fall within lands under Williamson Act contracts. Therefore, the project will not affect agricultural use or a Williamson Act contract. C) No Impact: There is no Farmland on site. Therefore, the proposed project would not result in conversion of Farmland to non-agriculture use. S S M. AIR QUALITY a) No Impact: The proposed project is in conformance with the City's General Plan and Zoning designations for Residential zoning district. Therefore the proposed project will not conflict with or obstruct implementation of the applicable air quality plan. b) No Impact: The proposed project will generate minimal vehicular traffic; one vehicle once every month. This additional traffic will not violate any air quality standard or contribute substantially to an existing or projected air quality violation. C) No Impact: The proposed project will not contribute to a cumulative net increase of any criteria pollutant for which the project region is in non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). d) No Impact: The proposed project will produce no pollutant concentrations. Therefore, it will not expose sensitive receptors to substantial pollutant concentrations. e) No Impact: The proposed project will not create any objectionable odors affecting a substantial number of people. 1V. BIOLOGICAL RESOURCES a) No Impact: The proposed project location does not have any sensitive or special status species. Therefore, it will not have a substantial adverse, either directly or through habitat modification, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service. b) No Impact: The proposed project location does not have any riparian, aquatic, or wetland habitat. The project will therefore not have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service. C) No Impact: The proposed project does not have any wetlands on site. Therefore, it will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act . . S • (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means. d) No Impact: The proposed project will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites since none of these occurs on site. e) No Impact: The proposed project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. f) No Impact: The proposed project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, other approved local, regional, or state habitat conservation plan. g) No Impact: There are no tributary areas on site. Therefore, the proposed project will not impact tributary areas. V. CULTURAL RESOURCES a) No Impact: There are no historical resources as defined in §15064.5 on site. Therefore the proposed project will not cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5. b) No Impact: Since there are no archeological resources on site, the proposed project will not cause a substantial adverse change in any archeological resource pursuant to §15064.5. C) No Impact: The proposed project does not have any unique paleontological resources or unique geologic features on site. Therefore there will be no impacts to paleontological resources or unique geologic features as a result of project implementation. d) No Impact: There are no human remains on site. Therefore the proposed project will not disturb any human remains, including those interred outside of formal cemeteries. VI. GEOLOGY AND SOILS ad.) No Impact: No active faults are known to exist in the immediate vicinity of the site. a.ii.) No Impact: The seismic hazard most likely to impact the site is ground shaking resulting from an earthquake on a major regional active fault. 0 . S • a.iii.) No Impact: The project will be located on the building rooftop with a small footprint of ground equipment. Potential impacts involving seismic related ground failure including liquefaction are minimal. adv.) No Impact: The project will be located on the building rooftop with a small footprint of ground equipment. Potential impacts from unstable/compressible soils and/or landslide are minimal. b) No Impact: The project will be located on the building rooftop with a small footprint of ground equipment. Potential impacts from topsoil conditions are minimal. C) No Impact: The project will be located on the building rooftop with a small footprint of ground equipment. Potential impacts from unstable/compressible soils and/or landslide are minimal. d) No Impact: The project will be located on the building rooftop with a small footprint of ground equipment. Potential impacts from foundational soils are minimal. e) No Impact: The proposed project does not propose septic tanks and will not use sewers. Therefore there will be no impacts involving soils that S support the use of septic tanks or alternative wastewater disposal systems. VII. HAZARDS AND HAZARDOUS MATERIALS a) No Impact: The proposed project will not involve the routine transport, use, or disposal of hazardous materials and therefore will not create a hazard to the public or the environment. b) No Impact: There is no known risk of accidental release of hazardous materials into the environment associated with the proposed project. Therefore impacts involving the risk of accidental release of hazardous materials from the proposed project will not create a hazard to the public or environment. C) No Impact: The proposed project is located within a 14 mile of a school but will not involve the emission or handling of hazardous materials, substances, or waste. Therefore, there will be no impacts to existing or proposed schools. d) No Impact: This site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Therefore, this project will not create a significant hazard to the public or environment. 0 . . • e) No Impact: The proposed project is not within an airport land use plan, or within two miles of a public airport or public use airport. Therefore, the project will not result in a safety hazard for people residing or working in the project area. f) No Impact: The proposed project is not within the vicinity of a private airstrip and therefore will not result in a safety hazard for people residing or working in the project area. g) No Impact: The proposed project will not impair implementation of nor physically interfere with an adopted emergency response plan or emergency evacuation plan. h) No Impact: The proposed project is located in an already commercialized area. Therefore, there is no significant risk to people or structures with wildiand fires, wildiands adjacent to urbanized areas, or residences intermixed with wildlands. Vifi. HYDROLOGY AND WATER QUALITY a) No Impact: The proposed project will be designed to City standards and will not violate any water quality standards or waste discharge requirements. b) No Impact: The proposed project is not located in a significant ground water recharge area and will not use any groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level. C) No Impact: The proposed project is not located in a significant ground water recharge area and will not result in impacts to groundwater quality. d) No Impact: The project will be located on the building rooftop with a small footprint of ground equipment and will not involve drainage. e) No Impact: The project will be located on the building rooftop with a small footprint of ground equipment there will be no increase in surface runoff volumes. f) No Impact: The project will be located on the building rooftop with a small footprint of ground equipment. The proposed project will not create or contribute runoff water. 0 . . • g) No Impact: The project will be located on the building rooftop with a small footprint of ground equipment. The proposed project will not degrade water quality. h) No Impact: The proposed project is not located within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map. Therefore there will be no impacts regarding flooding. i) No Impact: The proposed project would not place structures within 100- year flood hazard areas. Therefore there will be no impacts from flooding. j) No Impact: The proposed project is not located near a levee or dam and, therefore, will not expose people or structures to water related hazards such as flooding. k) No Impact: This site is not located in an area with a known history of seiche, tsunami, or mudflow. Therefore, there will be no impacts from flooding. 1) No Impact: The proposed project will not result in increased erosion (sediment) into receiving surface waters. Therefore, there will be no S impacts to surface waters. m) No Impact: The project will be located on the building rooftop with a small footprint of ground equipment. Compliance with on-site storm water retention requirement is not applicable. n) No Impact: The proposed project will not result in changes to receiving water quality during or following construction since no marine, fresh, or wetland waters occur on site. o) No Impact: The proposed project will not result in an increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list, as these are not 303(d) listed water bodies on or adjacent to the project site. P) No Impact: The proposed project will not increase or exceed applicable surface or groundwater receiving water quality objectives or degrade beneficial uses since the project site is not located in a significant recharge basin. 0 . S . IX. LAND USE AND PLANNING a) No Impact: The proposed project would not disrupt the physical arrangement of an established community. The proposed project is a wireless communications facility. b) No Impact: The proposed project is in compliance with applicable land use plans, policies, and regulations of the agency with jurisdiction over the project. Therefore there will be no impact to any regulatory plans adopted for the purpose of avoiding or mitigating an environmental effect. C) No Impact: The proposed project does not conflict with any applicable habitat conservation plan or natural community conservation plan. X. MINERAL RESOURCES: a) No Impact: There are no known mineral resources on site. Therefore 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 residents of the State. b) No Impact: There are no known mineral resources on site. Therefore the proposed project will not result in the loss of availability of a locally important mineral resource recovery site delineated on any land use plan. :4. _io II]c a) No Impact: The proposed project will not result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies. b) No Impact: Construction and operation of the proposed project will conform to applicable noise requirements. Therefore, the proposed project will not result in exposure of persons to or generation of excessive groundboume vibration or goundboume noise levels. C) No Impact: The proposed project is a wireless communications facility. As such, the project will not result in any permanent increase in ambient noise levels in the project vicinity above existing levels without the project. d) No Impact: The proposed project involves only a temporary increase in ambient noise levels due to construction. e) No Impact: The proposed project is an unmanned telecommunications facility. Therefore, the project would not expose people residing or . S • working in the project area to excessive noise levels from a public airport or public use airport f) No Impact: The proposed project is an unmanned telecommunications facility. Therefore, the project would not expose people residing or working in the project area to excessive airborne noise levels from a private airstrip. XII. POPULATION AND HOUSING a) No Impact: The proposed project is an unmanned wireless facility and will not induce any growth in the surrounding area either directly or indirectly. b) No Impact: The proposed project is an unmanned wireless facility and will not displace housing or necessitate the construction of replacement housing elsewhere. C) No Impact: The proposed project is an unmanned wireless facility and will not displace people or necessitate the construction of replacement housing elsewhere. 0 XLII. PUBLIC SERVICES ad) No Impact: The proposed project would require the fire protection services of the Carlsbad Fire Department. Impacts to fire services would be less than significant and will not be greater than what is already anticipated and planned for by the City of Carlsbad for the Pacific Palisades Hotel. a.ii) No Impact: The proposed project would not require the police protection services of the Carlsbad Police Department. a.iii) No Impact: The proposed project would not require school services. a.iv) No Impact: The proposed project would not require the park services of the City of Carlsbad. ax) No Impact: The proposed project would not require the public facilities services of the City of Carlsbad. XIV. RECREATION a) No Impact: The proposed project will not increase the demand for neighborhood or regional parks or recreational facilities. . . b) No Impact: The proposed project does not include recreational facilities nor require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. XV. TRANSPORTATION/TRAFFIC a) No Impact: This project would result in minimal vehicle trips; one vehicle approximately once a month. b) No Impact: The proposed project will not add traffic to roadways. C) No Impact: Air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risk will not be affected by the proposed facility. d) No Impact: The proposed project does not include hazardous design features or incompatible uses. The project is compatible with surrounding land uses and will not increase transportation or traffic hazards. e) No Impact: The proposed project would not affect emergency access whatsoever. f) No Impact: The proposed project requires one parking space approximately once a month. Therefore, there will be no impacts to parking capacity. g) No Impact: The proposed project does not conflict with adopted policies, plans, or programs supporting alternative transportation. XVI. UTILITIES AND SERVICES SYSTEMS a) No Impact: The proposed project is an unmanned wireless facility. The proposed project would not involve wastewater. Therefore, there will be no impacts regarding wastewater treatment. b) No Impact: The proposed project is an unmanned wireless facility. The proposed project would not require the construction of new water or wastewater treatment facilities or expansion of existing facilities. C) No Impact: The proposed project is an unmanned wireless facility. The proposed project would not require or result in the construction of new storm water drainage facilities or expansion of existing facilities. 0 . . • d) No Impact: The proposed project is an unmanned wireless facility. The proposed project will not require water supplies. As such, no new or expanded entitlements are needed. e) No Impact: The proposed project is an unmanned wireless facility. The proposed project would not require any wastewater services. f) No Impact: The proposed project is an unmanned wireless facility. The proposed project will not generate solid waste or require disposal. g) No Impact: The proposed project is an unmanned wireless facility. The proposed project will not generate household solid wastes. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) No Impact: The proposed project does not have the potential to degrade the 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) No Impact: The proposed project does not have impacts that are individually limited, but cumulatively considerable. C) No Impact: The proposed project does not have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly. XVffl. EARLIER ANALYSIS Any source documents are on file in the Planning Department located at 1635 Faraday Avenue, Carlsbad, Phone (760) 602-4600. 0 0 Site Specific Photographs View of Site from North vpl I A I I now 0 View of Site from South 4 A ZZI &I View 1 'ILe from West . .View of Site from East ctj 2 . View looking North from site View looking South from Site S 0 . / / - View looking East from Site 0 View looking West from Site K-Nik . Equipment Location S Surrounding Development Sprint's radio frequency engineers have determined that a PCS facility is necessary near 2020 Chestnut Avenue to provide reliable coverage in this area of Carlsbad. The proposed facility is located on the Pilgrim United Church of Christ (the "Subject Property") and is both a necessary and integral component of Sprint's PCS network in Carlsbad. The Subject Property lies in an R- 1 District and is currently being used as a Church. The site is surrounded by largely residential properties and no other viable candidates have presented themselves. The Subject Property allows Sprint PCS to provide reliable service to subscribers in surrounding areas without compromising the existing zoning requirements. The proposed facility would utilize existing vertical elements to avoid the visual impact associated with introducing new freestanding structures. The design details of the proposed facility and its visual compatibility with the surrounding area are discussed further in the attached Project Description. Other locations 1. S View to North; Single-family residences. These locations were rejected as viable candidates due to their exclusive use as single family residential homes. fl . FA View to South; Single-family residences. These locations were rejected as viable candidates due to their exclusive use as single family residential homes. . 3(a). 0 '1 . View to East; Single-family residences. These locations were rejected as viable candidates due to their exclusive use as single family residential homes. 4. '! I 7 7 r --.- - _, View to West; Carlsbad High School; this site was actively pursued by Sprint but C rejected on zoning and leasing grounds. S 5. View to Southwest; Church. This site was rejected on leasing grounds; church by-laws prevented the church from entering into a lease agreement with Sprint PCS. S 0 -4Sprin t S D4DXC 3 1 6 B PILGRIM CHURCH 2020 CHESTNUT AVENUE CARLSBAD CA 92008 ExISTING VIEW 1 PROPOSED - LOOKING NORTH FROM THE CORNER OF CHESTNUT AVENUE AND MONROE STREET ENGINEERING 17 1 4) 666-0 700 ARTISTIC ENGINEERING WARRANTS THAT THIS PHOTO SIMULATION IS AN ACCURATE REPRESENTATION OF THE SITE BASED UPON INFORMATION PROVIDED BY PROJECT APPLICANT. Lo CAT I ON \ \ HS - . - 4 1 02000 Thomas Bros. Maps \ HS / 4 02000 Thomas Bros. Maps —,sprint SD40XC316B PILGRIM CHURCH 2020 CHESTNUT AVENUE CARLSBAD CA 92008 LOCATION VIEW 2 EXISTING PROPOSED - LOOKING SOUTHEAST FROM MONROE STREET hft ENGINEERING (7 I 4) 66 6-0 700 ARTISTIC ENGINEERING WARRANTS THAT THIS PHOTO SIMULATION IS AN ACCURATE REPRESENTATION OF THE SITE EASED UPON INFORMATION PROVIDED BY PROJECT APPLICANT. kequest for Refund City of Carlsbad 00132104302 ITEM #200 - $841 Account #: 00132104817 ITEM #310 - $292 Vendor #: Amount of Refund: $1133.00 Fee Paid For: CUP 03-26X1 Date Fee Paid: 02109/09 Fee Paid By: SPRINT NEXTEL Fee Supporting Request: REFUND - APPLICATION TAKEN IN ERROR NAME OF APPLICANT: SPRINT NEXTEL STREET ADDRESS: 6391 SPRINT PARKWAY CITY, STATE & ZIP: OVERLAND PARK KS 66251-2650 PREPARED BY: Meghan Jacobson DATE: 03/09/2009 APPROVING DEPARTMENT - H APPROVING OFFICIAL: / j DATE . S January 14, 2009 City of Carlsbad CA Planning Commission 1635 Faraday Avenue Carlsbad, CA 92006 Attn: Mr. ChristerWestman AICP RE: Sprint PCS Assets, LLC I Sprint Site ID: SD40XC3I6-B CUP # 03-26 / Pilgrim Church PCS Facility - 2020 Chestnut Avenue, Carlsbad, CA 92008 Request for Conditional Use Permit - Extension Dear Mr. Westmari: Sprint PCS Assets, LLC respectfully request an additional five (5) year extension of the above- referenced Conditional Use Permit. If the Planning Commission grants this extension, the Conditional Use Permit period would be from May 5, 2009 to May 4, 2014. Please be advised that the use at this site has not changed since it was initially approved and the existing Sprint Facility therefore remains fully compliant with the terms of the original City of Carlsbad, CA zoning code requirements. See enclosed letter dated January 14, 2009 from David Kirk, Sprint Nextet, National RF Engineering. Also, enclosed is a check for $1,133.00 as mandated for the extension fee and noticing fee in regards to the extension request process. Our new mailing address: Sprint Nextel, KSOPHT0101-Z2650, 6391 Sprint Parkway, Overland Park, KS 66251-2650. Please contact me at 913-794-1725 if you have any questions. Sincerely, SPRINT NEXTEL AIanHefman 4q/o( FIU. 3 lc) see 41- S S CITY OF CARLSBAD LAND USE REVIEW AlPLIGATIUN 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) - (FOR DEPT. USE ONLY) (FOR DEPT. USE ONLY) [] Administrative Permit Planned Development Permit [1 Administrative Variance [1 Planned Industrial Permit [] Coastal Development Permit U Iannhimmission Determination Conditional Use Permit 1L& O3-- Precise Development Plan [1 Condominium Permit [J Redevelopment Permit U Environmental Impact Assessment U- Site Development Plan General Plan Amendment [J Special Use Permit [J Habitat Management Plan PermIt Specific Plan U Hillside Development Permit U TaFita&e Engke1g Department [] Local Coastal Program Amendment - U Tentative Tract Map U Master Plan 0 Variance [] Minor Conditional Use Permit [iii Zone Change [J List other applications not [J Non-Residential Planned Development specified 2) ASSESSOR PARCEL NO(S).: 3)- PROJECT NAME: 4) BRIEF DESCRIP11ON OF PROJECT: 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) Y' MAILING ADDRESS -. 1PW Je_ MAILING ADDRESS ii ,Xwu/j&pi1Th/ôj CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE EMAIL ADDRESS: EMAIL ADDRESS; - I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. CORRCT To 11-p BEST OF MY KNOWLEDGE. SIGNATURE - DATE Z4 DATE / Form 14' Rev. 03108 vqOO PAGE 1OF4 . [IJ 7) BRIEF LEGAL DESCRIPTION - —7—e--r 5 -i'o.< 8) LOCATION OF PROJECT: S1REE ADDRESS ON THE SIDE OF &- ----- I (NORTH, SOUTH. EAST, WEST) (NAMEF STREET) BETWEEN! Ld! AND I (NAME OF OF S1REEr) (NAME OF STREET) 9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. WINE CONSENT TO ENTRY FOR THIS PURPOSE. 10) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN Win-I THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED FEB 0 9 2009 Cfly OF CARLSBAD Fo'm14 Rev.C310 PA'--! -z- 2 OF 4 . Sprint )'• Together with NEXTEL Sprint Nextel 6125 Lakeview Road, Suite 100 Charlotte, NC 28269 Network Property Services March 4, 2009 VIA FEDERAL EXPRESS Tracking # 7973 8758 0356 City of Carlsbad CA Planning Commission 1635 Faraday Avenue Carlsbad, CA 92008 Attn: Ms. Chris Sexton RE: 2009 Annual Telecommunication Permit Renewal Sprint Nextel Sites Reference: Pilgrim Church PCS Facility - Property Address: 2020 Chestnut Avenue, Carlsbad, CA 92008 REVISED CUP # 03-26 / Amount Dear Ms. Sexton: As per our telephone conversation that according to our wireless communication policy. Sprint Nextel is eligible to apply for a minor CUP fee and this is approved administratively which does not go before the Planning Commission. The fee of $697.00 was forwarded via check #10886045, plus the fee for postage via check #10876464. Therefore, please refund the major CUP permit fee previously sent in error of S1.133.00 that included the permit fee of $841.00 and the noticing fee of $292.00 at your earliest convenience. Our mailing address: Sprint Nextel, KSOPHT0I0I-Z2650. 6391 Sprint Parkway, Overland Park, KS 66251- 2650. Please contact me at 704-921-7450 if you have any questions. Sircerelv. - SPRINT NE$<TEL- Lnise Sott Detail Report Page 1 of I S - I Detail Report PROPERTY DETAIL San Diego, CA Greg Smith, ASSESSOR Parcel# (APN): 205-330-26 Use Description: Parcel Status: ACTIVE Owner Name: PILGRIM UNITED CHURCH OF CHRIST OF CALRSBAD Mailing Mdr. 2020 CHESTNUT AVE CARLSBAD CA 92008 Situs Mdr: 2020 CHESTNUT AVE CARLSBAD CA Legal Description: 001681 TCT25S*POR* ASSESSMENT Total Value: $534,665 Land Value: $68,034 lmpr Value: $466,631 Other Value: %lmproved: 87 Exempt Amt.: $534,665 Use Code: 71 Tax Rate Area: 09000 Year Assd: 2003 Property Tax: Delinquent Yr. Exempt Codes: 2 Zoning: I lmpr Type: Pnce/Sqft: SALE HISTORY . Recording Date: Recorded Doc: Rec. Doc Type: Transfer Amount Seller (Grantor): 1st Trs Dd Amt Salel QUIT CLAIM DEED Code I SaJe2 Sale 3 2nd Trs Dd Amt: Transfer 0610211992 0341871 Code 2: PROPERTY CHARACTERISTICS Lot Acres: Year Built Lot SqFt Effective Yr: BIdgILIv Area: Units: 1 Total Rooms: Buildings: Bedrooms: Stories: Baths (Full): Style: Baths (Half): Construct: Bsmt SqFt: Quality: [QUAUTYI Garage SqFt: Building Class: Condition: Other: Other Rooms: Fireplace: NC: Heating: Pool: Flooring: Park Type: Spaces: Site Influence: Timber Preserve: Ag Preserve: I tie Inrormation prov,aea nere IS is not guara http://wwwcd-data.comlCddSearchlPQSearch.asp ?c=Detail&recnwn= 15861 1&sid=<1/osid%>&flps=<0/of... 9/26/2003 09 *er s &T. LJtY Tpf Acct*CY C 11* DATA A325 PNCItK WITH Wc*& S&N butalli ORROMM I - 40 8 so 24 € 23 22 21 €20 43 ' 8 17 6 2 29 30 40 \( !\- 33 a 2O533 $ IOO' oI/l$flø '8 9 10 JO A t'k 13 11 12 ® 4J3 16 14 15 IS 0' '. 'p ICT 255 CJf' lIh 147A0 & A 23 a JA 0 N CHESTNUT sz IAN 11(0 COUNtY A$IC$$01$ Hel \ I I \ WIA311jr-mr-ST-P& It" AVE (/MAP 4165 - VILLAGE HOMES UNIT NO 2 M 11601— CA1LSD T NO 85-36 T11VENDR' MAP 1681 - THU4 LANDS 0 0 0 . S 4542 Ruffner Street • I Sue OO Lawyers Title San Diego, CA 92111 Phone: (SM735-9779 Global 1 2506 Navarra Drive, #616 Carlsbad, CA 92009 Attn: Peggy Wiggins Your Reference No: 5D40XC316 Our File No: 01110907 - 02 Title Officer: Andre Pitchford (apitchford©landam.com ) Phone: (858) 505-1417 or 1416 Fax: (858) 279-8914 Property Address: 2020 Chestnut Avenue, Carlsbad, California PRELIMINARY REPORT Dated as of August 12, 2003 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Lawyers 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 Exclusion from the coverage of said Policy or Policies are set forth in Exhibit B attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B 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. CLTA Pr&iminary Report tRev. 1-1-95) Page 1 of 11 . File No: 0111007 10 SCHEDULE A The form of Policy of title insurance contemplated by this report is: A Preliminary Report Only The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Pilgrim United Church of Christ of Carlsbad The land referred to herein is situatec in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF C C Page 2 of 11 . . File No: 01110907 S EXHIBIT "A" All that certain real property situated in the County of San Diego , State of California, described as follows: That portion of Tract 255 of Thum Land, in the County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as follows: beginning at the intersection of the center lines of County Avenue and Monroe Street, as same is shown on said Map 1681; said point of beginning being also a corner common to that portion of Tract 250 of said Thum Lands, as conveyed by the South Coast Land Company to the Westlake Park Investment Company, by Deed dated October 14, 1926 and Recorded in Book 1270. Page 183 of Deeds, and that portion of Tract 256 of said Thum Lands, as conveyed by the South Coast Land Company to C.A. Jack and Eva I. Jack, by Deed dated March 8, 1929, and Recorded in Book 1629, Page 65 of Deeds, Records of San Diego County; thence along the center line of County Avenue and the Northerly line of the Jack's property and its Easterly prolongation North 87 0 57' 30" East, a distance of 233.55 feet; thence North 280 39' 00" West, a distance of 421.63 feet to a point on the Southerly line of that portion of said Tract 255, Thum Lands, as conveyed by South Coast Land Company to Henry Dupske and Jeanette Dupske, • by Deed March 25, 1926 and Recorded in Book 1180, Page 280 of Deeds, Records of San Diego County; thence along said Southerly line of the Dupske's Land South 61° 21' 00" West, a distance of 208.81 feet to a point on the said center line of Monroe Street; thence along the said center line of Monroe Street South 28° 39' 00" East, a distance of 317.03 feet to the point of beginning. Assessor's Parcel Number: 205-330-26-00 Page 3 of 11 Pile No: 01110907 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2003 - 2004 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2002 - 2003. 1st Installment: 513.92 Paid This amount is valid until December 10, after which penalties apply Penalty: snone Due with installment amount if paid after December 10 2nd Installment: 513.92 Paid This amount is valid until April 10, after which penalties apply Penalty (including cost): Snone Due with installment amount if paid after April 10 All Other Exemption: $524,16100 Code Area: 09000 Assessment No.: 205-330-26-00 n C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Rights of the public to use that portion of said land lying within a street, road, highway or alley. 2. Matters contained in the dedication statement or elsewhere on the tract or parcel map shown below, which among the things provide: TractJParcel Map: 1681 Provisions: We hereby convey and relinquish, on behalf of ourselves, heirs and assigns, to the Board of Super visors of the County of San Diego, California, complete jurisdiction and control over any and all pipes, poles or other structures or work, trees and anything of whatever nature that may be in, upon, across or over the highways above offered for dedication, in so far as said Board of Supervisors are granted jurisdiction and control by the State Law over such structures, trees and so forth on public highways. Reference is made to said map for full particulars. 3. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of that certain County Highway known as Road Survey No. 523, where required for the construction and maintenance of said County Highway. 4 An easement for aerial and underground public utilities and purposes incidental thereto as • granted to San Diego Gas and Electric Company, by deed recorded December 9, 1947 in Book 2574, Page 265 of Official Records. Affects: The location of said easement is set forth in said document Page 4 of 11 . . FileNo: 01110907 . The exact Location and/or extent of said easement is not disclosed in the public records. 5. An easement for aerial and underground public utilities and purposes incidental thereto as granted to San Diego Gas and Electric Company, by deed recorded July 10, 1959 in Book 7765, Page 13 of Official Records. Affects: The location of said easement is set forth in said document 6. In the event the grantee herein shall crease to be a member of the Southern California Conference of the United Church of Christ, its successors or assigns, or shall cease to function as a member of the Southern California Conference of the United Church of Christ, or shall be dissolved, then and only in such an event the property herein described shall revert to the grantor herein. 7. An easement for aerial and underground public utilities and purposes incidental thereto as granted to San Diego Gas and Electric Company, by deed recorded June 11, 1997 as File/Page No. 1997-0272485 of Official Records. Affects: The location of said easement is set forth in said document 8. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: Dated: $220,000.00 June 3, 2002 Trustor: The Pilgrim Congregational Church (United Church of Christ) of Carlsbad, a not for profit Corporation organized and existing under the Laws of the State of California Trustee: United Title Company Beneficiary: United Church of Christ Cornerstone Fund, inc., a Corporation Recorded: June 19, 2002 as File/Page No. 2002-0517076 of Official Records 9. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. 10. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. 11. Water rights, claims or title to water, whether or not shown by the public records. 12, Any rights, interests or claims of the parties in possession of said land, including but not limited to those based on an unrecorded agreement, contract or lease. This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together with all supplements, assignments and amendments, before any policy of title insurance will be issued. 13. Discrepancies, conficts in boundary lines, shortage in area, encroachments or any other facts .''hicn a correct survey would disclose, and which are not shown by the public records. Page 5 of 11 . S File No: 01110907 END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION . n n Page 6 of 11 . . File No: 01110907 REQUIREMENTS SECTION: REQ NO. 1: The Company will require that it be provided with satisfactory evidence that the entity named below is validly formed and existing and has capacity to acquire, hold and convey interests in real property and that the governing body of said entity has authorized the execution of all conveyances or other documents which are part of the transaction for which this report was ordered. Name of Entity: Pilgrim United Church of Christ of Carlsbad . r . Page 7 of 11 fl File No: 01110907 INFORMATIONAL NOTES SECTION NOTE NO. 1: Privacy notice (15 U.S.C. 6801 and 16 CFR part 313): We collect nonpublic personal information about you from information you provide on forms and documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. NOTE NO. 2: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 3: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the ttle company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the . company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 530 "B" Street San Diego, CA 92101 ABA # 122-000-496 Credit To: Lawyers Title Company - San Diego County Acct # 9100822331 RE: 01110907 -02-101-AP PLEASE INDICATE Lawyers Title Company ESCROW OR TITLE ORDER NUMBER Page 8 of 11 . S [1 File No: 01110907 NOTE NO. 4: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. NOTE NO, 5: The following information will be included in the CLTA form 116 endorsement to be issued pursuant to this order: there is located on said land: Commercial known as: 2020 Chestnut Avenue, Carlsbad, California Typist: 1c4 Date Typed: August 26, 2003 . S Page 9 of 11 . . Exhibit B (Rev. 6 12i9i CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY— 1990 EXCLUSIONS FROM COVERAGE The Ic atea a-n espresely excluDed from the cerace o fllqz panic, and ire Company viii! not pay lass or darnage aces, atrarnes's' fees c' expenses iohrise hi reauar of a] i. ms c,anance 5' pa m'nenral regulaitan trnclua'g but not limited cc building Dr ocring titus crisianret. Dr regulassanulrestricting, trt,uacr]D prsflIbrting at rating cc the Cuparict use cii etilismen, inno I 'ire character diminnsiirs ar tsr of an) milDer -ensert rica or he'eafier erecteD cri me land Ji,o a separsiur O cunership a' a charge in the dtm!nasonD or area Circe land or say paced tsfvi hiob tee Isod star nasa parr. Dr enrrrme'sial prclecrior or the effect dana alatmctr amntere 12.s, artsrorrces a' ecaer"irr,erriai reguluesas',u except cc the extent intl a n:t.ae altec erfaraernerl thereitf ci' a notice cIa celect l,en, Cr encurrrb'ance result' tricirn a umciaiian it aileged vsoiat'on affecting the land has been recorded in the pubi a records at Date sfPrli:y ILl Any ycunrnrm,enial pulioC ycueT rot excluded by al abase, except :c rae extent that ci notice cf the exercise mooed urnmatan oft defeat, icr, or enccmbrnce resulting fransa sialaitan or alleged siolaitce affocct'g son 1and ccc iteec recorded ii lire public records at Date c 2 Rights oftmiritnt aa,rtair, unless notice of the exercise thereat hat been recorded in the public records at Date of Policy, but not excluDing borci casera.ge any thong a blab has racurred prior to Date of Pith::, a hal' a acID be binding on the rtehts cis purchaser icr value vs ithaut knowledge 3 Defects menu, cnoarnbra'ices, adsetse clirr,s or other mactern at a ferrer ci rat recorded tithe public reccrda at Date of Policy, but created, suffered, assumed or agreed ic b: the insured claimant hi not known tum the Campany rot recorded in the public records at Dare of Policy. but kttcswrr in the macrca claimant and not disclosed in wrtrteg its the Curentany by the insured claurnatr' prior cc' the date tic irsured clairnan' became an insured under this pciic:, ci Resulting n no lass or carnage to tee insured claimant, di Attach no or created subsequent to Dane of Policy or let ResuIr'e 'ii Iciss or darsage a bath a odd no' has e beers sustained if the insured claimant had paid value for the insured mortgage or for the estate or Interest insured by this policy 4 l_'rvntarctao iay cl the tic , Of nrc insured iratrigage because of [te 'ranulit:, o- Failure rif the insured or Dame of Palic:,. on toe inarrlmi:, or failure Of any suctequert ourser olthe indebtedness Its comply auth the cop ltca'ulr doing bussnesu ban of tee stare In uh,ci' the la-id is smtuated, Invalidity or urenfarceabilmi:, of The lien of the insared mortgage, or claim thereof nhscn arises out cif the trarmsazisce esssettsed by the insured morigane and is based sport usury or' airs Catitutt'ier credit praleciosIr c't -ui'ri eating ci. An :ia'rn, unath arisen saul of tne t-astsaatiyn vesirng in th insured the estate or interest insured by inst policy or inn transaction creating the interest of the insured lender, b0 reason ai' the operation of feaeral sun.cruptcy s'a,u m'tsu1ver':s or circa lar creditors rights laws EXCEPTIONS FROM COVERAGE— SCHEDULE Br PART I T!, pcltcr ,)anu not trisumaga nt tins or Damage and the Cor-span au] no' pa' casts. azn"neys fees 0-expenses, us 'tics arise by reason of I Taxes or assessments whirr are not ubtiar, as existing l'er,s by the recaros of tiny raining asirnane:, that levies loses 0' assessments or real property or by tee public recoras Prrsceedrgs 0o a public agency a hat' man mud' u' iccet assessments 0' no, ices itfsuch oracedirsgs, us helirer or cia, sham r, b' tire records cfsucr agency it' by the public recsrda, : An, Lao rsgnis fluency a, ala,r'r,n a mar are nat Il-lou r ex true n'abluO reaction out vi mcii Dauld be Duaeriainra by an Inspector ortht arid us riirlm man be asserted by persons at oosseesmon ine'eof 3 Easerrrntu lens so' enssrminrascen, u' claims tsrreuf a ruich arO not seDan h tee exit]: reoo'oa - - D'screpamatses :crmf:cta in assneati lines, ssrrage i- area, entrrsa:--mse-sts, o- army other facts vahar' a correct tame:, would asclosn and v.htr. are no, sara-s by mire p,snuua records ia L ryase-ted mining scams lb] -ese-vatic'-,s c' eecepiscsrts sr patents ci' ti Acts aucnu"tang inc mssuonce timeneiti ic cater, 'rghts, claret it' title to uvater whether or not tee matters excepted ante- i ti, hi a" are s'ics' r C, rn a,tmrc 'ecirds CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (6'2'98) EXCLUSIONS Ir- adattuar' ti lime Esaccra'is ir Satiedule B, \'Du are eat rns,urea agairs] loss, casts, acicirmievu' Ttics. and eepersses resulting front i Gas ernrror.td pai.ce power and tee enntence o' -ualatar of ani Ian Or grsemrtrrse's' regi.la'ian This includes oratnances, bus uric regulations concerning a tuuildmsp S Canine a land use ti srnprcserrsert.i on true Land c and dtasaIon I ennrormntercat p-Dealt" husiar, laces trot apply to iclattons or the enforcement ofthene matters lf noisce of they udsatsas or esforcement appears in tire Public Records at the Policy Date hutton does rot corn the coverage descnioed in Covered Risk I-I, 15. 16, 17 cr24 2lure of 't'cur existing simnccuoet, or, airy gait of rnenn, mc, be constructed is accordance a rib applicable building codes This Exclusion does rot apply to usitiacilons of baildinig codes tf nation of the violation appears In trio Public Records at the Pciucy Dale 3 The right to take il-re Land by cormdeinroing It, unless a a notice of exercising the right aopeaos in Inc Public Records at the Falters Date, or b the raking harpened before the Policy Date and is ottidimmg on You rf'ir'ou bought the Land without knowing of the caking 4 Rsss,s a that are created, allowed, or agreed to by You, vi hetlrer or sot they appear in the Public Records. is that are knovi'r to) ou at the Peltay Dame, bitt not to Us, uolesu ice:, appear in the Public Records at the Policy Date, ihat result s", no lass It 't cii, or d that friar occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, Ed. 22.23,24 or :5 Failure IL' pay calsue for Your T,il LacL aft right a to any land outside the area specifically described and referred to in paragraph 3 of Schedule A, and h in sireets, alleys, or caterimays that touch the land True Exclusion dan nos unrest the csrseragn described in Covered Risk II or IS AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-2-7) EXCLUSIONS lr addurusort to the Exceptions in Schedule B. you are rot insured against Ions, costs, attorneys' fees, and expenses resulting from Guava"nine'ital poise poser, and the existence or s'iolat or of any law or government regulation This includes building and caning ordinances and also laws and regulations concerning • Land use • Irnpnssser'sntrls or tire land • Laud di 'star • Errs isi",nienial p'Otecisor This excluulomo does sat tPi) ic c iclatrons or lie enforcement of these matters whtcnt appear in the public records at Policy Date Tm's esclasi,'r dues not hunt the coring coverage cesonibed in items 12 and 13 of Covered Title Risks The 11071 tu. icc urn und py cendernrmng it unless • sutmci of erser-csssng the rigrmt appears it, the public records on the Policy Date • Thr uabirp r,appntredp"sa"ur the Pslicv Dame and is binding on you if your bought the land uithou, k-sassing rfthe making Tsr hiss • tins' are crosted, a,uo.vect., at .igreeo ma Os ybe • Tram ire xrso'vvr, , cu, ha' 'icc to us. or the Policy Dare - unless the-s tippeared in the Public Rescinds • Thai mes:t in na sass is viii • Tuir, "vi alTec uuur olic ,sfuer uric Potmas Dare - this Dues not ,mil the latso' said s"ate'ual her, coverage in lien" B orC oveea Tile Risks i Fat lure I, pay a lue to, sect, title 5 Lack cc not • Ti any 'smut cmuruidc the area specifically aesor,oed air reier'reo to' in lienn'3 of Scneuu.Ie A OR • In streo',s, alleys, a' susacrusass that touch your alto This emiclusior doses not limit the access coverage in Rein f of Coveted Title Risks . Page 10 of 11 . . AMERICAN LANDTITLE ASSOCiATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE Te fbng rn.aIr•s ateçri, c,tt:!t.idtLl from thc crc ofiltz P4 lit Company will not pay loss OT thi'.ag. csts attorney's fees or expenses ich artst by rdrun r gemmen ruIur (intlLiding but not imte to building and zoning bws, oramances. or reguIcn5 restricting. regta:mg, prohibiting rtanD to (U t is c enym ftn u chr.:t:r. or lacaiion ofarty improvement now o, tieaftc,, criinrd or, the lard, ts separation " .nTSUP 0, a cne in the d'mens'0 ,15 or arci fhe land Or am parcel of'hi th S or uas 2 part, or !I) cri.irormcnial crime effect fa ln of these laws, inc o g3ernrnnn reuIat except to tl e'e m: .nc: tnef -,Dl irect en 1 p; r 1igcd iodaticna affecting hii land h her recorded in the dbhc rcrth at Date of Pkcy t ;, -,rn!l pcer b c,ccci ic :ht erit xeitse IhMeOfcr r:e of c dIff. c1 lien eflCurnr;e resull mv from ncr or a] }e a.o'•ieffecting ire land h en rrd r. tic pin I to pin r:rc!5 ;I, t c 2 of tirtivirn, cmain tiri no Lice or the sers rhfha rc:ordind in Increcrth rn time LfPhcy not excluding from cD%tr-:igt an3 taking hch has cc arred pi-tor to Date of Pcc, n:n ould DC b:rg on Int rnt pher for e 3 Dcfec. itits cncurroirincn ad%ers-C.3rfls o oner ,nawtm cec FreG. C- iutrccc to the bi nL, kno-no C3 im-am, not red in the public recrras a Date cf Pol, but 1: te isJ cla,TuiU and not fl w'fl,r to e Crnan: b nc irisultz--ar1on,, : th de Inc !rs4rcc cl-limara became ar Insuredrir ts policy :l e5 rg m fl zt-nag nsue d) eied L Date c Pcc ,ice c the ter 'rr Itit pn--I ofint insured rncingagt oversary e f- scices labor o - to nsmce is afforacc ner as ic ssesrnt stet urde ntru:t cpee : Dae f Ph: . or e resw! fl os mae wcn id ,onave been sustained 'ur ad ' i te insLrtc nflge 4 fe re because Ofilitns or f2l!L'.- nfthc rnsiinedzi Date fPcc or the or faiu: unseen —me of in- inaitnittaress mccrç apptcabte Ooor ress tows of the stow in u toc th aid to inualidits or unerfemesh lo t the tier of trw irsurno rrornctle or riser tiereof - ncr arises o° me munsactiorr evtaenced lo tie nuortO mortgage arid is ooscd .moti .5ur. cit r car inter crec' protection or i'-urli in jendine iau S ne ttarutc"-. lier to- 5cn ices Ititior or erisicria s I or the ciao- of p-tort, of an statuiDn 'en for services iar or rmicLas over the flcn c°tha insured 'riortgagei ar -loins from or imoros emert or sic -i. i, roth at Date of Polict tire inSured rats aooartced Or is an gateci to ad'.atice 5 i. claw-i a hicr wists out ,, the Irmsacilari afire cite interest the me agee insured L'l this Policy, its reasor of the operation of ficdcW bnkruptc', sote insolvency or similar creator-n ntgtiio lass, that is based an Inc transaction creating Inc Interest of tie irsured mortgagee being deemed a fraudulent conveyance or frciudu(en' transfer or a. Inc .bsrdisattor of 'tie interest of toe insured mortgagee as a result of toe appliostori of the doctrine of equitable suciordinaticn, o' in the transacton creattng Inc interest of the insured mortgagee being deemed apre al to tirneis record Inc instriittsent of transfer, or bI of such recordation to impart notice to a purchaser for value or aJudgnnert or lien creditor The above pcItcy fo-rrts ntis:, be issoed to afford. either Standard Coueraoe or Extended Cos'erage In addition to toe above Exclusions from Ccnerage. the Exceptions from Coserage in a Standard Coseraer policy ad) also include the following General Esceptiona . EXCEPTIONS FROM COVERAGE Tyts colic) does not Insure attansI loos ci dornoge larvd.the Company s.ill not pay costs. attorneys' fees orexpensexl which arise byreasotr of Taxes or assessments which are not shc'wrt as e'.tsting liens by Inc records cf arty taxing aittlronity that levies taxes or assessments or, real property o- by the public records Proceed ms by a punito agency 1h hicn eras result in taxes or assessments- or notices ofsuch proceedings. a nether or not shown by the records of such agency or by the pubic recoros 2 An, facts, ngrt& interests or claim.. ritch are not shown by the public records but which could be ascertained by an inspection of the land a" oy, making inquiry Cipersarts in possessIon trienco! 3 Eusemeriis. liens or encumbrances, or claims thereof, which are not shown by the public records- 4 Discrepancies, conflicts in boundary lines, shortage in ar= ennraaci',mentts, or arts other facts which a correct nurses would disclose, and alrcr, ore nor chosen Sly tire public records S lot lirrpa'erited miring claims. b resersations or exceptions in patents or to Acts authoricteg the Issuance thereof. to) water rights, claims or title to water, ahether or not the matters eucepted under (al. (5) Cr Ic) are si—Ti bt the public reocrds AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) And AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE TIre kllu'teg matters are expressly excluded from the coserage of this policy and the Continuity will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of lot Any law, ordinance or gosernmental regulation oriccluding but not (tented to building and zoning laws, oratnances, or regulations) restricting, regulating. prohibiting or relating to Ill the occupancy, use or enjoyment of Itte land.. (ii) the character, dimensions or location Oran ' v improvement itow or hereafter erected on the land. (lii) a separation in ownership or a change in the dimensions or area of the lard or any parcel sif which the land is or suns a part, or (I'.') ensirtiomntal protectiOn, or the effect of any violation of these lasts. ordinances or governmental regulations, except so the extent that a notice of the erfnro:rrree' thereof or notice of a defect, lien or encumbrance resulting from a satiation or alleged violating affecting the land has been recorded its the public records at Date of Policy Ii) An, gosernmental ptol:cs poise- not excluded. by (a) abuse, except to me extent that anoctce of the eset'cise thereof Cr anotice of a defect, lien or encumbrance resulting from a violation or alleged u'iolatiun affecting the land has been recorded in Inc public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dare of Pours, but not excluding from coverage any taking which has occurred prior to Date of Polics stoicS ssould be binding on the,rtghts Of purchaser for value a ithout knowledge 3 Defects liens, encumbrances, aduetse claims or other marten - in' created, suffered. assumed or agreed to by toe insured claimant' hi not known to the Company .not recorded in the public records at Date of Polity. but known t,, the insured claimant and not disclosed in writing to the Company by the insured claimant prior to inc date the irsa. ed clamant became an insured under tots policy. ci resuiling in no loss or damage to the insured claimant, Id a'tacri-rtg or created subsequent to Date orpolics or ci restating in lass or damage sunicnr would nut have Deer sustained i Inc insured clamant had paid salue for toe estate or interest insured by ih'ts polio) 4 -Sty claire, a lrittb arises out if the transaction testing in the insured ire estate or interest osuned by the policy, by reason of the operation i.f federal bankruptcy, state ir,sulsenc,, or srni'at- creditors' r-shis laut Irma' is based on ii ilit ttutiSaO,liOr, cteallrg tic estate or nterest insured tv this polio, being deemed a fraudulent cunseance or fraudulent traotsfetri or li-i toe trasisacisor creating use estate or merest insured. by tnt putas acing deemed a preferential transfe- except where the preferential trotusfe" results front' the iailsrc at to mcii record ne instrument o'r'amisier, or mcii ofsucr eoo'aatior to impart noi,oe to apurcnaser fag' sauue or a)ucgmen or len creditor Tr utn.,r 0,05 -ms rmtas he 'ssueO in afford nine- Standard Coterage or Extended Cno.erage In addition to the aooxe Esciusnons from Cove -age, the Exceptions Earn Ccinerage it a Siaocard Coverage Pair, us i' slot include 'he folioairig Germ) Ecceutitim EXCEPTIONS FROM COVERAGE This panic) does not Insure against loss or aarnage land the Crirpaany a ill not pay costs, antsrmseys lets or enpensesl which arise by reason of • Thies or assessments ulnich are no sratus' as e.st'mig liens try the records ofai'y taxing authority tha cures tases or assessments on real property or its the public records Pit cruongs o. a tsutili agnrmc, a hicr, rn--tar resull in- uses or ,assessrn-ients orm.otices of 54cr p-cweedisgs a nether Or not shown ho ire records sfsuch agency or by tee punt tecc'ris ficts 'igirs interests or clan' iti'icr are ntr srmtiwt ho ne public reooras but x,hcn csuld re ascertained by an inspection of the Latir an by mabing inquiry of persons it' possession- in= eof 3 Easr"cnts - ens a' rnct,mnrarres a' oat-n-si isenrof at,cri arena' shown n inc pubiu"e:orOS 4 in is,ur,n-. inn sm,',rrragr 'r area, rnctoacnrt,rmius no- any 0inr -r bun utiic?, a c,irrecn sun-cy wcivat Omsc,osr, alto tsr or are not shtiut by the pun c recorcis fmnaaeruea rn-ring claims lb rnser-iaisr,s or nx:ep:iors in assents or in Acts uuilso'nZirg Ire issuance thereof cl *ater nghts :3mm arrow to waler unetner airs' tnt r'satne"s excepted unit" - a is c at shoar by in, pabSt recartis 2O-33 If C çioo' ISA/IS/SM CV 0 rr Ui il? S tcr 5) 54 4cs r 4 S. S SAM D.Q COUNTY ASSESSIIRS HAP U p11 - CHESTNUT RS 623 116 60 AVE ' MAP 46 - VILLAGE HOMES UNIT NO 2 'a c7 MAP H601— CARL38AD TCT NO B5-36 WEST HAVEN DR MAP 1681 ° — ThUM LANDS 0 . is . . L -;ci Lct • Lawyers Title 4542 Ruffner Street Suite 200 San Diego, CA 92111 Phone: (800) 735-9779 Global 1 2506 Navarra Drive, #616 Carlsbad, CA 92009 Attn: Peggy Wiggins Our File No: 01110907 - 02 Title Officer: Andre Pitchford (apitchford@landam.com ) Phone: (858) 505-1417 or 1416 Fax: (858) 279-8914 Your Reference No: SD40XC316 Property Address: 2020 Chestnut Avenue, Carlsbad, California PRELIMINARY REPORT Dated as of August 12, 2003 at 7:30 a.m. S In response to the above referenced application for a policy of title insurance, Lawyers 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 Exclusion from the coverage of said Policy or Policies are set forth in Exhibit B attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B 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. CLTA Preliminary Report (Rev. 1-1-95) Page 1 of 11 •. FileNo: 01110907 S SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Pilgrim United Church of Christ of Carlsbad The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF S Page 2 of 11 . . File No: 01110907 . EXHIBIT "A" All that certain real property situated in the County of San Diego , State of California, described as follows: That portion of Tract 255 of Thum Land, in the County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as follows: beginning at the intersection of the center lines of County Avenue and Monroe Street, as same is shown on said Map 1681; said point of beginning being also a corner common to that portion of Tract 250 of said Thum Lands, as conveyed by the South Coast Land Company to the Westlake Park Investment Company, by Deed dated October 14, 1926 and Recorded in Book 1270. Page 183 of Deeds, and that portion of Tract 256 of said Thum Lands, as conveyed by the South Coast Land Company to C.A. Jack and Eva I. Jack, by Deed dated March 8, 1929, and Recorded in Book 1629, Page 65 of Deeds, Records of San Diego County; thence along the center line of County Avenue and the Northerly line of the Jack's property and its Easterly prolongation North 87 57' 30" East, a distance of 233.55 feet; thence North 28 1, 39' 00" West, a distance of 421.63 feet to a point on the Southerly line of that portion of said Tract 255, Thum Lands, as conveyed by South Coast Land Company to Henry Dupske and Jeanette Dupske, by Deed March 25, 1926 and Recorded in Book 1180, Page 280 of Deeds, Records of San Diego County; thence along said Southerly line of the Dupske's Land South 61° 21' 00" West, a distance of 208.81 feet to a point on the said center line of Monroe Street; thence along the said center line of Monroe Street South 280 39' 00" East, a distance of 317.03 feet to the point of beginning. Assessor's Parcel Number: 205-330-26-00 fl Page 3 of 11 r . FileNo: 01110907 . SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2003 - 2004 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2002 - 2003. 1st Installment: 513.92 Paid This amount is valid until December 10, after which penalties apply Penalty: Snone Due with installment amount if paid after December 10 2nd Installment: $1392 Paid This amount is valid until April 10, after which penalties apply Penalty (including cost): Snone Due with installment amount if paid after April 10 All Other Exemption: $524,182.00 Code Area: 09000 Assessment No.: 205-330-26-00 C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Rights of the public to use that portion of said land lying within a street, road, highway or alley. 2. Matters contained in the dedication statement or elsewhere on the tract or parcel map shown below, which among the things provide: Tract/Parcel Map: 1681 Provisions: We hereby convey and relinquish, on behalf of ourselves, heirs and assigns, to the Board of Super visors of the County of San Diego, California, complete jurisdiction and control over any and all pipes, poles or other structures or work, trees and anything of whatever nature that may be in, upon, across or over the highways above offered for dedication, in so far as said Board of Supervisors are granted jurisdiction and control by the State Law over such structures, trees and so forth on public highways. Reference is made to said map for full particulars. 3. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of that certain County Highway known as Road Survey No. 523, where required for the construction and maintenance of said County Highway. 4. An easement for aerial and underground public utilities and purposes incidental thereto as granted to San Diego Gas and Electric Company, by deed recorded December 9, 1947 in Book . 2574, Page 265 of Official Records. Affects: The location of said easement is set forth in said document Page 4 of 11 Ll File No: 01110907 . The exact location and/or extent of said easement is not disclosed in the public records. S. An easement for aerial and underground public utilities and purposes incidental thereto as granted to San Diego Gas and Electric Company, by deed recorded July 10, 1959 in Book 7765, Page 13 of Official Records. Affects: The location of said easement is set forth in said document 6. In the event the grantee herein shall crease to be a member of the Southern California Conference of the United Church of Christ, its successors or assigns, or shall cease to function as a member of the Southern California Conference of the United Church of Christ, or shall be dissolved, then and only in such an event the property herein described shall revert to the grantor herein. 7. An easement for aerial and underground public utilities and purposes incidental thereto as granted to San Diego Gas and Electric Company, by deed recorded June 11, 1997 as File/Page No. 1997-0272485 of Official Records. Affects: The location of said easement is set forth in said document S. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $220,000.00 . Dated: June 3, 2002 Trustor: The Pilgrim Congregational Church (United Church of Christ) of Carlsbad, a not for profit Corporation organized and existing under the Laws of the State of California Trustee: United Title Company Beneficiary: United Church of Christ Cornerstone Fund, Inc., a Corporation Recorded: June 19, 2002 as File/Page No. 2002-0517076 of Official Records 9. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. 10. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. 11. Water rights, claims or title to water, whether or not shown by the public records. 12. Any rights, interests or claims of the parties in possession of said land, including but not limited to those based on an unrecorded agreement, contract or lease. This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together with all supplements, assignments and amendments, before any policy of title insurance will be issued. 41 13. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by the public records. Page 5 of 11 . . File No: 01110907 END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION . . . Page 6 of 11 . . File No: 01110907 REQUIREMENTS SECTION: REQ NO. 1: The Company will require that it be provided with satisfactory evidence that the entity named below is validly formed and existing and has capacity to acquire, hold and convey interests in real property and that the governing body of said entity has authorized the execution of all conveyances or other documents which are part of the transaction for which this report was ordered. Name of Entity: Pilgrim United Church of Christ of Carlsbad . S Page 7 of 11 . . File No: 01110907 . INFORMATIONAL NOTES SECTION NOTE NO. 1: Privacy notice (15 U.S.C. 6801 and 16 CFR part 313): We collect nonpublic personal information about you from information you provide on forms and documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. NOTE NO. 2: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 3: Californa insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The Law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow S accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 530 "8" Street San Diego, CA 92101 ABA # 122-000-496 Credit To: Lawyers Title Company - San Diego County Acct # 9100822331 RE: 01110907 - 02-101-AP PLEASE INDICATE Lawyers Title Company ESCROW OR TITLE ORDER NUMBER 11 Page 8 of 11 . . FileNo: 01110907 NOTE NO. 4: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. NOTE ND. 5: The following information will be included in the CLTA form 116 endorsement to be issued pursuant to this order: there is located on said land: Commercial known as: 2020 Chestnut Avenue, Carlsbad, California Typist: 1c4 Date Typed: August 26, 2003 . Page 9 of 11 . . Exhibit B 6,12;981 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The - rog rrcttero are e natty cia-ded frttm the C.'trtoec ofth-s ct 0\ OntO tO C.e-parto -Oil not pa. C" d rot!,o.,oto. O'Tta' PCCO an e ente, .a'tt;h ante ho, reotan of ta, or rat're orss ,r n'ttI reguistont lirclLdiiig but rot liniiied to butlorog or zomrto oat. ordinances. omega stons remtoiotrng,mgo'at rig p"oltthotrg or rating to (it the ItCy. 00 ettJ Ytrntit of the fond tw -C '.OrCC em. drnstnaor.o 000t:--tofan-. marc too or' n-rotter encored n - °'n lord a at-anton - c.rernh -p or a ca-ge in the frtocnc c-at starer cfthn bo.-d cran, parcel ofohoch that land ocr oat a parr. Cnn ons-ro-or'eIrto1 pn::cot.orl. or the effect of or, too on oftatse 'o.or, c"oi-"or:es or go r'ot rego cc ott it- cept to toe it-cent thoc a rotate cf the erf:rcemrent thereof or a 'ocr cc of a cefect. I coo" it":un'b-.,r on teas to-c Co-nt or-c otoct or altered cc ci ctr'g the IOId has beer recorded ci tth ,O'C 'coo-or at Dote of Polity it) -n. rp,oioe pc-oem rot COO tier 103 toil occur e'arpl to the etetot trot orot or of t°-o cte cite the-eaf n-r.ct-o: fa Thot, "c-i ct cttrrit'rart:e result -go fro'na ClOt Ott crc.5 ed 000t.OtO Ot100t riO Pt lord loot been recorded in the public records at Elate of Policy 2 Rights of eeattent dentate artless notice of the entercise thereof has been recorded in the public records at Care of Polic), bit no' e-.clttding from co'.enoge an taking shools has occurred purr to Dote of F oticy uhich a oust be bttrfng an the rights of a purchaser for -.aiue a ithout kttoa ledge 3 Detects, hens. eirctatrbrances. ad C-se claims on other marrers at hc,hrror no' reccrded In Pci .olo: rear-do at Dote coFo' cy. bt created. soRe-ed. aasurroed or anTeed tobvtt': rnrured clatt'ttnt ibi ro,T kr,:snt it. the Cotripan,, rot reocrded ri the public recorao cit Dote of Pot cy, but lainwo to the nt -oared clotrroot and not disoosed to is-rititog to the Corripotty ho- the insured claimant groom to the dote ti -c i-tarot clolnoan' became an insured under this polton. C ttesattttuc in no loss or damage to the insured clatmatst. (di Atta:hltrCo- oreatedsabsehuent to Date of Plc-, or ICI Cit 'ta 1, 054 or dat-noon a° c- n.oa'd n_i tot been soot; ad fir natured :l'-ott had pood talon fo-ohe rOared Inn -terre or t-o- 're estate or interest row-ed ho tInt pin-toy 4 brent" ceth,l ci oftioe he- ct-the -t_'cd r-norgge becotoe oftre -rob i, o-°aure cftbe 'sa"ed or Co_eoPrL:'.. anton r:b - t, orfo'iore ofoto, oubscerot o,rerofthe rdehtedocss to coo-ri , oth thropptooabn Corp h_stat- a s of 'he stare In a bob the land is situated 5 lot' t, or otnerforceabolity ofuhe en Qrtnti 'noured no -,gage, or 000 no uheret a to aooscs C" of tie traroaccoo en imoed by the troarrd riarrtgage a is based opan onoy an on, otraturrer credrpto'ccOOr 0- troth -r 'oioO.rp a. -'r, clatrn. ,,htc'i arises c-or of the rmor,uaculors unsung 'i the irsa'ed the estate c' ,norrest otsa'ed ho this p'nitc:, or the tmrianctian crcattrg sIte 'merest of ta insured lender, ho reason c.f the operas-coo of federal aatotiropto, stoco o-sçlur-rco n' trntlao rredito-'s' t-,ghu Ia.s EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I C. Coca mc ..'ca itt otto C- dotnoce land 'he Corro' .. W I' co pat- ootrs ant-ret fees O'erpenuetl ar,;h arise ho'. reason of - Tuoct or ousesomert n."oh, are 'oar shou as enitr'og I ens by the rear -as ct-ar, to--rig ,,tnorlt trot °ca en taxes 0 auserisocirts a' real properto orb, the pb: records Prot:nco'gio.o p:l c age-:. oaestrer'at corot oct ot-s uob proceed "on ahetrer or not snout'- ho. tire ritoords fi uCtt agenc, or ho'. roe trobi,: rroardo 2 ;r,o.,ato rena rarest,, Incurs ni-OP are -no' sna..i hi tore p.r-nt eoo-ds oat alt 01- toad be aocno-ned ho or 'colt" tfote and a ron "oo, be asseed ho pc-torts passcnsor crereot- - S E_sorretrto em-at or- Oot'--,-o.totes .0 Oat Tt5 000rre, an ct-p -co -o' ho :°c Cob en ocr °'oot -- osonoidan-, ten shoroage rat-no enoroao-'ntn-ts '-or) .--e' O.t005 * - ott. co —en scone, a, d oatoo-se and— 0" are -ot ,00cr on tm p..hi'o '-eoords L"aooenoed --org c,aorat b- "me-oat onto or c'oepoo-mo - poe-its on' -- :rs as,r'ona-a roe 'sour-on or'e"eoF Cl uate"rtpcts t'ant's c;' vfl.. to, intre arthe" o- no, u-n -'none-s e-.cepoed .o-i4e 0, '0' co'z are t-"- 0 "0 nut,iC'tOCidS C&LIFORNIA LAND TITLE 4SSOCiATIO' HOMEOWNER'S POLIC'1' OF TITLE INSt RANCE (62i98( EXCLUSIONS itt ad.liii3O' TO On Rorpiuno 0' SOneOnle ft. 'ion are to:' rOcoedagorot 'oaoo costs. Onto -irto' 'hoes, atod eope'ooes menstt"'g fro'ro Gcimmntrrer,nal p-nice ;K—T, and hoe e'taoer:e or so lat it- rf at'0 I. or gc'.o-'rOtoleo' reguat dr This includes cr'oinances, loon so'od regtlatIorus conceereg O u'airg ho zc"orz o and ,se 5 orpras erroents on toe Land e lard d'n,sion I environmental protection Too Ecl_satri dons rot anglo to vitotuzrls or the c-i iorcan-ier,t c'fthcoc rr'crtet -s if rot Ce fir,: no las or or enforcentonort app-eons in the PubIc Records -at the P olicy Date •c,as,t- does rot mat ire cone-age tfenor-ibed nt Co ne-ed Risk 14 15. lb 17 c 2 lt,re of Your e'.tartne structure,, c, an., part of the-ti, to be corrruticd n accordance 'a ti opg'atoble boiloirgo codes This E'ncl_s ton does rot gply ton Cistinno of bol'diro c-odes if notice of I': no olotoor app.eoms In tici Pablo: do at the Pc'lic, Date 3 The right to taste the land by condemning it. unless a a rotice ofexercosrrg the right appears itt the Public Records at the Policy Date. or ho the takotu harpened before the Policy date and to binding c -i You if 'trot bought the Land 'aithcitt kt"oshrg of the takmng at Ruth a trial are created, op-coed. r- ocrend to' ho'. You .bethoer o- rot then app-ear ri the PohoIc Records, ho that are koo.oro it Yc.. at the Policy Date. but not to Us, unless the, apear ito the P_blo Re;ords an ti-c Pc"cy Date, that result in no loss to You, or d that fIrst occur after the Prltc, Date - this does not lens the ocuerage described no Cainered Posh 7. Sd, 22.23.24 or 25, Failure in pa', aloe for Your Title Laol n-ft right o ci non, land out5ide the area ope:rfoalls described rod referred to, on p--,-r-ph 3 of Schedute A. and ho on streets, o 1 eys an asuersays that touch the land. Thu Psoluston dccs not limit the coser'age described or Corsencd Rook II or 18 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-2-87) EXCLUSIONS In add iso'ci to uric P ceptions in Sc°edulc B. you are rot inca-ed aCat"ot loss. costs. crto-reys' 'cent, and e',per,ses reso'trrg form I Gansmtritr,er,tat p..loce pci-Ocr. and the existence or ',io4anios of aunt- law or gonern -nent regidatian This includes building and zoning ordinances curd also lass arid regulations ccoocerutiotg • Lw-dune • Irrop",'ner'serts ott the lard - • Lncrid,iuor - En or-In oriental p-ococmon This ecl.ston does not app1 to a attcris on ore en!orcen'teri of these rrtattenn ,ulot'i appear to rhc puhl'o reorrois at Polcy Dote T,5 cnn-In,, on Pet not Attic If-x zor',ng cosenage described ,n itimm 12 and 13 ofCcrsered T't'e Risks = Tl'er ocr I, mas.c -re iand by coraie'r-ttt ng it. unless nserotsr olin r go1 ta-pears In the _sit0 records or 'be Pc' oy Date • Ttr Ia.. -go -'agp-enrd Coo' o. ore PoLo, Date and at h-rd 'tg or ou fyo_ bog"t r'-e lot-at st -otool L'oao"g ofthe taming T, -s,,s • mat are createl atlosed. on agreed lobs you • It-ut ore OrOsi to you, bit oatoo ,.s, on the Podcn Date - ..rmnns they appeared or the Pablo: Records • Trot rCoa,l ,r no '55 to hlrU • T-c. 'C's, si°eoi ,5,.7 rleo 4r-i'-e P c Date- thu Co-eu as' "'t t"c ala' and -"oat--al - en oo.e-otce - Ic-" B otCO3,e-edTrle Ribs .ae Or 4r title S Lurk -"arr'to • To as and atuide the area spect'laa, 1, descr-t'ed arid relented it n lie"o 3 t-Schcdole A OR Ir strresno al-ens, to' .tatcrsays that touoh no,ar and This C5OIssar Sen riot m—t ine ar.oess .00tuerage -r ltc'r' P of Cone-ed Toe Rrs,ci . Page 10 of 11 n AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) \\ ITH ALTA ENDORSEMENT-FORM I COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The follo-ing rattlers ore e'pretaly cscloded ftc-i The colttrzge ofth V-oltcy and tire Con=y uril Inc , pan loss or datrsae, costs, anar-reys then or e' rertoes uhich arise b, reason of DI Any lau, a norae or ret'tai repubsion Orzlzdslig hot not llmicd to bui!dinZ and zoning lout, or rims. or rep rstors) rmartcon;. regolatn;. grab bststig at relating Is tit the czcapanc5, use or enjo 05Crst of tire land. tnt the character. dimeriaiosss or curios of any rniproserroenl ro or hereafter erected iirt the hard, (iirt a oep a030 in osnerohtp or a change in the dimensions or area fil-e load Cr ant parcel cinnich the and is or suos a part, or s. ensrartrerrai prc:ecrson, or the effect ofaoio stabatoon afthene laos. osrdhsaneeo or pnmentsl regulatlrns. creep to' the e'terit hot a toot cc of sac enforcerricnt ttoereo,f or rossoe :fs jatect, len Cr erocurnhrao':e resuiritro f-rtrsa ohoson or lieped v,r.co afiecrirto the land has been recct-dei in the p_bha re:ord& at Dote of PoLscs sot 'so, ioo'erho P:I,CC PO.CT, to:: e".o oha by tot ahc.c ecep: to rirt esters root a on' cc ofth ceocte thereof or a rotor Jo defeat leo or er:utn:rortce reoahn from s:lot:n or aiared siolat on etlecttru the lurid has been recorded in roe public records at Dare of Pohay 2 lihts oJ roasoCOt domain unless notice at tire eserose thereat' has been recorded Sri the guhi z records at Date of Polcy. bat not esa111dsrs1 from coverane any tlu000ps sshsth has ozc,noed prior to Date of Folio, ursol- a: uhi be t nar'z on sire nsgrts of: purotose' °or OlaC a thou' krouledge 3 trefe:'s. sciss ercuerte300es ads e'se clams or amer matters created s,tteoed, ass_med or opeed so- by the rOuted ca iran:, lbs si_CL irriousr is be Coriar r,a:ieatriaed in the garlic reocros as Date of PrO:'. bat kr -oar in roe 'tsorei clasmant aria "at d-s:laoe r trZ to she C177Ca75 it., ire si:ssred clamor to-or to tie date the risated claimant become an insured under this palicyti Tess ling in 'to loss or outrace to toe riss,rCj clatntar. lot oratchn or created stseert to Date chF:ic 5 (esoep' to the eaters that i-iso gola, rout-es one p-isis:- ofrre hero s0rrie rriat'ed matgagc Per at- s:aatsr. c -s thr leo-ceo bust or- n-.a:erar or the eaten r,sssaooe so offss:e: 'ere'- ao:o assess-errs ho' sr-em repro e"rersio _noe" at-sir-aaron or- co -i-to card a: Date at' Po I 0', at se ren.srp ii our-at osriore a'ih osr-,s'd no: ira-c rem' satared sI'ne "siand ca-'ri000 tad pad 'c,r 'C- ­e .ris,,red ronoripage -5 hoerfarteari tIthe 'er stir-c rotate: nisopage because of ire rsoo'-O'-, at 155 are cOltie 'itured a' Date riPo ci, arose saint-st or Fx,stc Jar o,rsCo,ieri: our-er rfrr'e r-jer-:ea-'snss '5 :o'rtp ,- ti sorstabe darts business taut of tire state in sihicli the lands ssivated 5 ssasndiro or Orier r-5nr-:eao I attOC I C" 'Ol rlsistsd r-seigage. sir oar- thereof a star oases cit c' re transact ore' seneca or- 'c ns.,red rnsatueage arid 5 based apes so-, Si 3' i0lisur"er atcO' piclenmrir or 'i-sin mr lendri an -h- SUtatS-s er 10- senSes ama- or "-.arcr-ats so-hat son -' Opoirit lot' soatto- er is- sm ces asor 0' -toaersabs aim toe er Jsrre 'sire: 'rsat'tgage ss'to-'ig from or anSlal Date of Polm:s rIse tsss,red has ajiarrea or s ongared ': advance Art ataim a ho's rstes ciii olive irarscaot,:n area-sort tbe n -smear C - toe rr-atrortagec os,4ei Oa:r--o Pa-ab. hy 'coon-i 110r cpera,at ofthacr-a banlat.prcs sate too 1 Tr Z11 i 'r -ar red lCri riarat ba snot is hated art tnerra--oao: s' orea:-z so 'ttemsl afire oared trarrosasee beirg ieeratds. fr -atder' constyance a- f-oudisterr transfer', at - the taOOiOr,atr of toe ratres' or' roe 'sa,,red rrarrrzagec a a resist of ri-c oppsr:at:oie f'l': doctrine C eSutobte ssbsidsotatsor. Or oil the tran005t :r- creatsr-g 1": soreness ofthe -"aa'cd m:rrpogee besog deemed a pre as to rirnelt record the itrsrn,mert aftroosfer, or lbs of such recardotiori to' impart notice to a purchaser for 'aloe or ajadgrnerit or lien creditor Thrt air-se palnat farms may be as-aed to afford ether Standard Cottage or Etaeoded Coneroge It -s adthtsar to the above L.a-bassos front Coserage, the Escepsoros from Cesremorge iota Standard Coveroge o sib abc sncbude the folios tog General Escepriorts EXCEPTIONS FROM COVERAGE This pOlicy- does no: rrssure czarist loss or damage and the Ccrroparsy sailj not pan costs. attorneys' fees or eispennest ss,hich arise by reason of I lanes or assessmrieiors sihich are not sitosin as rusting liens by the records of cry losing authority that bevies raves or assessments on reh property or by the public records Pro :eedtncs irs', a public accost loch iota', result sn Loses or assessments, c - rotates of saab pnoceedtrgs, uhet'r,er ct-nor shown by tire records ofrach agency or by the gsh:a records- 2 An0 facts. rights. Interests or clam oblob are rct svoss'l -s by the gab': reacodo trot -uttlah could be us;eroiaared by an imsapeoton afthe land orhr- rtsakiti; trsça.ry cfp-ensorts srspstsess:on thereof 3 Easerisers. ems or etiaorlrcrarces, am- oLatn-,s thereof oh:ch are riOt thou-n by rbt public records 4 D,screpanciea, conflicts in h.ouimdar-, lin—_ thor-tape n area, enicr000brrrer',s, crony other firatas uhoh a correct sarvey ucisid disclose, and ulsch are rot shown to, the public reocrda- 5 tat 1_inparersted mining clasir'ss. tbb reservations or er.aeptirtts ri patents or in Acts authorizing the sssuattce theneaf, ioj wooer rights, cbairris or the tot Ouster. -ui-tether or rot the rotocteon ecepred under tat, tb-I or let ore shoosni ho the public reccds AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 10-17-92) And AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10717-92) EXCLUSIONS FROM COVERAGE The is loirg mutters are c-p-cool', e'cuded from tire ocseraae of ti-ia patltc and tire Co'rpaosy a nIl rat pay lass or das-r,aze, costs, attorneys' fees or enperones alaich arise by reason oil sot Any la,, ardt',anae or goserni'rerriab regal: on tsi'li,iig t_t rat limited to baildstsp and rotting last. cr-dtr,arioes, or regidaarcrut reosr-crmrg, repulaisog. probrfrttrg or rebotnti; to' (II the oatupactcy, use or enjor--irrent of the lard, till tire character, dirr'sena:sos or locatari ofacro Imprasemeni rats.- or hereafter erected cmi the land. lila separats:rs in c..'rernhip or a charge ti nbc dsrrerst 005 or area of the lard or any parcel of which the lard -star suas a part, or tbot er,-atormerttal prctecttco, attire effect of sery sobatson of ti -me lasts, rrdirsrsnces or go.erirmental regatattoru, encep: to the ea— that a notice cftfc enforcement thereof cra notice of a defect, Irert or cocurtibranoc resstltlnrg from a s-isiacrots or alleged sooboairtg offrctsnp the land has been recorded in the public records at Date of Pr5 icy hi Ant o.crnmr,ertal p.05-ri pouer rat e'icladed t3 tat o,hrse, except Is the evicts that a rotsae of the erercise tirererf or a notice Jo defect, lien or crocw -rtbrornce resulting from a s-tcbatton or alleged sbato-ir atTectsrg the lard has been recorded in the pubis: records at Date of Policy 2 Fsglsts of current dart-air intent isctnce -is f ti-c exercise thereof has been recorded to the pahltc records at Elate of Polsc',, but not eacisu -Pung from co-.erage any taking sshtch has occurred prior to Date of Policy s.ltioh sirald be binding on cttc.tnghts cia purchaser for vain: without knowledge 3 Defects liens, ettcmtrheatsces adverse claims at other rrtarteen Itt created, suffered, assumed or osreed tao by the insured claimant' hI not it-our tot site Company. rot recorded itt the p,,bb: rorrds as Dare of Fcbary. but incur to tire trained clatrssnt and not cbss:t:oed ni untti'ig so' the Corraio:, by the soared cbomtr'iart prior tote date the nnt.red cla,--ntarrr heroine an nsurd under this palscy', lot resaltlrsg -ntis loss 0' durrooge TO the insured claimant, Or attaanslig or created subsecytettt to Dose of Paiscy, or las resoling is '--SECT damage obtsoh so-ais rOt base been sussar-noed Iflut si-sat-ed om:n'ars had paid value for-the estate or r-rterest 'sured by this policy .5 -tr.aar-n'u. .',ls-do an-sm its of titet"ansaationi esong r the rsared the estate or -nterent tnssaoed by the p.o1-s a, h_is reason cfthe openasioricf federal ir-arburap:cy. stale soir:l.erat,, "i--la- ct-ed-Iota' rats-is ssss that is based an si site ricatucOr uoreatsrsg misc cs,,atc 0' otercos "sated by lbs poso) berg deemed a f'auduulert car-canoe Cr traad,zn -it r-ansfers or 1st the iraossac:sun coeauttirp tnt estate or merest scoured h0 the pohay her-p deer-med a prer-erentiab transfer except sirens the poelet'enrsab trasruferresutrs f-ortr the foil-are sot to ssrncl', reoosd tire Instrument of srar,sfe" Or sl-- sfsao' re:or-dat,ar so "pact r:'ot to ap000iiaser nor- .-aue a's a1adp"etot at lie'- oredirrr 'P-e oat- c pass sims moor- be -ss,aro i 0 :ii'oba esner Standard Co.mage Cr E'it-Orea Cottage In addison so tic aos,o.e Escbsor,s f"srr Case-age, she E.cepti000 from C:se-ago a' a Ssondan'i C-oe -age F, las sal ,slsc- niatade tire Iallssutog General Esaeptsorts EXCEPTIONS FROM COVERAGE Ti-n5 polo, loses tic,; ino,,re against 5 ss ar tarn-sage sand toe Conrçioriy this non par- costs, actomens' fees orespernest which arise by reason of Tastes sm assessiriervis sihti are not ssossr as essstng item tot the recuirds of any tasting authority tsar levies totes or assessments on real proper-I, or by the public records • l'-atred'igs i a pabst: age-c s.hsor mat renal' r tastes or assessments ott rnorices of suCh prosceeoings siherher or not shown tnt the records of such agency at by the pubic records 2 An hots ohIO -oe'esss sir ai-''uts,cr' are 'is-i ntrs,an r tile pblic scc5--as his unich ouid he asocrrau'leO tnt oem inspection ofste band most-ho nr,assng squirt Jper'srtss a' poissessiar ret-cof 3 Eose"me,ts cnn 5- eiso,'rbranocs at cia-ms s'serear-f s"cfl use ,'Pi shorn ire pubic -eco'as - tsisoicpavaes oori'iots -r tsasuu-sdars Inset ssrr'o.ge sr at-ca escraacstt-ser,ss at our- ashen facts whion a con-I-eat sunset sioiuld osaicte and ssnioh us -: not thou-ni by rise public records 5so inipusrnnsed rinsitig cna,itw sir neser ,atitss or esae-psiastis in oatettss unto cts aariso"szing ti-ic ss-.asscc tisereisf. Id satet rights coat-n or sole tm outer- whether' or-nor the roosters ess:et,red atliser 05 Sn a ale shoocr by ISC pubsso recosats