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Home My WebLink AboutCUP 03-27; SD742-02 PIE SHOP; Conditional Use Permit (CUP)CITY OF CARLSBAD W LAND USE REVIEW APPLICATION T 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT El Administrative Permit - 2nd Dwelling Unit LI Administrative Variance W* "I "e, omlad~~ Conditional Use Permit Condominium Permit El Environmental Impact Assessment LI General Plan Amendment El Hillside Development Permit F-1 Local Coastal Plan Amendment El Master Plan El Non-Residential Planned Development El Planned Development Permit El El El CvPo-71 El El El LI El El El LI LI Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentative Parcel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: Jfl tlq±(Ovj vf an'na'1ne_ii( 121 e/nvntn d,ov ir- ILrDJnPL,L 4utflffle411 5) OWNER NAME (Print or Type) - APPLICANT NAME (Print or Type) rthr _31 Li 14 r_LD 5 MAILING ADDRESS MAILNà ADDRESS 3 gq 0 77 P1 _.r- t_wrii e- C t& CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Lrt$bcck _t'1 _4/at9 S(L,i The4 -94 I CERTIFY THAT IAM TIlE LEGAL OWNER AND THAT ALL THE ABOVE _ I CERTIFY THA1)I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE 'I DATE 7) BRIEF LEGAL DESCRIPTION _ ,&&eA Tftlel 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 SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1OF2 8) LOCATION OF PROJECT: 9 0 STREET ADDRESS ON THE I ESi I SIDE OF 1 70 Pic I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I flit riLck &V I AND r1}tZL4y7o1fcL (NAME OF STREET) j (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I I 10) PROPOSED NUMBER OF LOTS 11) titI NUMBER OF EXISTING RESIDENTIAL UNITS 12) f PROPOSED NUMBER OF RESIDENTIAL UNITS v/tuJ 13) TYPE OF SUBDIVISION I n !& I 14) PROPOSED IND OFFICE! SQUARE FOOTAGE f Ia- 15) PROPOSED COMM SQUARE FOOTAGE I 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE Ihitu 17) PROPOSED INCREASE IN ADT I I 18) I I] PROPOSED SEWER USAGE IN EDU I 19) GROSS SITE ACREAGE 20) EXISTING GENERAL PLAN j 21) PROPOSED GENERAL PLAN DESIGNATION 22) EXISTING ZONING 23) PROPOSED ZONING IcH I 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. I/WE CONSENT TO ENTRY FOR THIS PURPOSE '-1 A1'02Thí 1 SIGN TURE I FOR CITY USE ONLY FEE COMPUTATION MLILMI ION I Yi-' Itt KLUUIK1L) NOV 0 4 2003 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. I Form 16 PAGE 2OF2 PROJECT DESCRIPTIONIEXPLANATIOPi PROJECT NAME: . APPLICANT NAME: Cingular Wireless Please describe fully the proposed project. Include any details necessary to acequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons fcr, cr appropriateness of. the application. Use an addendum sheet if necessary. Description/Explanation. See attached project description. Rev. 4111 . . cingular WIRELESS REVISED PROJECT DESCRIPTION &)IJSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD742-02 Village Pie Shop 3890 Plo Pico Drive Carlsbad, CA 92008 Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 Prepared by: PlanCom, Inc Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-3416 Contact: Karen Adler, Planning Consultant July 8, 2004 Project Description (SD-742-02) Page 1 7/8/2004 . . cingular WIRELESS INTRODUCTION Cingular Wireless (cW), a.k.a. Pacific Bell Mobile Services, was established in 1994 as the wireless subsidiary of Pacific Bell. CW is a registered public utility and is developing an all-digital wireless network throughout California and Nevada. In March of 1995, CW was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, CW formally unveiled its San Diego PCS Market to officially launch the first PCS service to the residents of the State of California. Since the initial market launch of CW's "Pure Digital PCS" network, design engineers at CW have had the opportunity to assess network performance and quality vis-à-vis real market data and conditions. At present, CW is experiencing both capacity and coverage deficiencies in the vicinity of the subject site. In an effort to respond to these network needs and to ensure customer satisfaction, CW is seeking approval from the City of Carlsbad for a new site at 3890 Pio Pico Drive. The Village Kitchen & Pie Shop occupies the parcel where the site is proposed. SITE CHARACTERISTICS The proposed project is located at 3890 Pio Pico Drive, between Magnolia Avenue and Tamarack Avenue. The underlying zoning of the proposed site is C-i, Commercial. Currently the on-site use consists of a restaurant, with a gas station adjacent to the parcel along Tamarack Avenue. The property is completely developed with the proposed use being passive and creates no interference to either business's operation. The surrounding land uses are as follows: North: St. Patrick's School South: Gas Station & mini mart East: St. Patrick's Catholic Church West: Interstate 5 PROJECT DESCRIPTION Cingular Wireless (CW) is proposing to construct, operate, and maintain a wireless PCS facility consisting of a total of three (3) antennas attached to three new 30-foot high parking lot light standards on the property. The locations of the three light standards are shown in greater detail on the enclosed site plan. One light standard will be replaced and two new light standards will be installed. No alteration to the existing building is proposed. Project Description (SD-742-02) Page 2 7/8/2004 . cingular WIRELESS The supporting equipment will consist of the following: six (6) self-contained, all- weather Base Transceiver Station (BTS) cabinets, one (1) electric meter panel, and one (1) telephone interface. Each of the BTS units will measure approximately 51" wide x 28" deep x 63" tall, and will contain the electronic equipment necessary to operate the facility. The equipment will be located at the northeast corner of the property within the existing landscaped area behind a 6-foot high screen wall. The equipment enclosure will be painted and textured to match the existing perimeter wall on the parcel. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to CW for the provision of PCS. The proposed communications facility will transmit at a frequency range of between 1850 MHz and 2100 MHz. The power required to operate the facility typically does not exceed 200 watts per channel, and thus, the CW facility is by design a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non- ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the FCC standard for continuous public exposure of 900 microwatts per square centimeter. Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the facility will be serviced by a CW technician on an as-needed basis. Generally, this is likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION/ALTERNATIVE SITES CONSIDERED We investigated the following sites in addition to the proposed project site. 1. Snug Harbor launching ramp area at the north side of the Agua Hedionda Lagoon. The site has visibility to the south but a very tall structure would be required to cover to the north and west. Limited visibility and coverage to the north and west. 2. Condominiums west of Interstate 5 and south of Tamarack (Papagallo). This was our number one ranked site. It was concluded that the residential character of Project Description (SD-742-02) Page 3 7/8/2004 • . cingular WIRELESS the area would create controversy and opposition to the project. Residential zones are not preferred sites according to Council Policy 64. 3. Squid Joe's Restaurant north of Tamarack Avenue and West of 1-5. This site has an existing flagpole antenna for Verizon and is operated by Spectrasite, a tower management company. Extensive discussions were conducted with the Spectrasite representative. The city planners are requesting Spectrasite to replace the flagpole with an "accelerator" type flagpole because it would reduce the silhouette of the existing flagpole on the property. The reduced diameter of the pole, however, would not accommodate additional antennas or antenna cables, making the site unusable for Cingular. Also, the site has limited visibility to the south, which is the primary coverage goal. 4. Von's/Rite Aid Center south of Tamarack Avenue. An application was filed and processed by the city; however, the project was withdrawn due to ownership and tenant conflicts over contractual approval rights. No resolution was reached and the application was withdrawn. 5. St. Patrick's Church on Adams Street. The Catholic Diocese of San Diego owns the church and the Diocese has long been opposed to locating wireless facilities on their properties due to potential tax implications for charitable and educational organizations. 6. St. Patrick's School. The San Diego Catholic Diocese also owns this property. 7. Baptist Church on Pio Pico. Cingular engineers indicated this site was too far north and would not serve the proposed coverage area. PROJECT )Us1iFICAUON As redesigned, the proposed project will blend in with the existing utility poles and street lighting in the area. The equipment cabinets have been located to the back property line against the existing block wall and are hidden from view by the new screen wall that encloses the equipment area. The side yard setback for the C-i zone is o feet and the rear yard setback is 10 feet. No parking spaces will be removed as a result of the project. A photographic analysis indicates views from strategic points from neighboring properties and roadways looking at the site. The location, size, design, and operating characteristics of the proposed communications facility will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity. The following supports this determination: Project Description (SD-742-02) Page 4 7/8/2004 . . cingular WIRELESS 1. The proposed equipment associated with the communication facility operates quietly. 2. The equipment does not emit fumes, smoke, dust, or odors that could be considered objectionable. 3. The communications facility is unmanned and only requires periodic maintenance, which equates to approximately one vehicle trip per month. 4. The proposed communications facility will not result in conditions or circumstances contrary to the public health, safety and welfare, in that the proposed PCS communications facility will operate in full compliance with the U.S. standards for radio frequency emissions as adopted by the FCC. Project Description (SD-742-02) Page 5 7/8/2004 cingulan WIRE LESS REVISED PROJECT DESCRIPTION & JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD742-02 Village Pie Shop 3890 Plo Pico Drive Carlsbad, CA 92008 Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-3416 Contact: Karen Adler, Planning Consultant February 16, 2004 Project Description (SD-742-02) Page 1 2/16/2004 L cingulan WIRELESS INTRODUCTION angular Wireless (CW), a.k.a. Pacific Bell Mobile Services, was established in 1994 as the wireless subsidiary of Pacific Bell. CW is a registered public utility and is developing an all-digital wireless network throughout California and Nevada. In March of 1995, CW was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, CW formally unveiled its San Diego PCS Market to officially launch the first PCS service to the residents of the State of California. Since the initial market launch of CW's "Pure Digital PCS" network, design engineers at CW have had the opportunity to assess network performance and quality vis-à-vis real market data and conditions. At present, CW is experiencing both capacity and coverage deficiencies in the vicinity of the subject site. In an effort to respond to these network needs and to ensure customer satisfaction, CW is seeking approval from the City of Carlsbad for a new site at 3890 Plo Pico Drive. The Village Kitchen & Pie Shop occupies the parcel where the site is proposed. SITE CHARACTERISTICS The proposed project is located at 3890 Plo Pico Drive, between Magnolia Avenue and Tamarack Avenue. The underlying zoning of the proposed site is C-i, Commercial. Currently the on-site use consists of a restaurant, with a gas station adjacent to the parcel along Tamarack Avenue. The property is completely developed with the proposed use being passive and creates no interference to either business's operation. The surrounding land uses are as follows: North: St. Patrick's School South: Commercial Gas Station East: Church West: Interstate 5 PROJECT DESCRIPTION Cingular Wireless (CW) is proposing to construct, operate, and maintain a wireless PCS facility consisting of a total of twelve (12) antennas within three (3) antenna arrays of four (4) antennas each. The antennas will be mounted on a new, 35-foot high faux broadleaf tree (monotree), resembling an elm tree, to be located in the northeast corner of the property near the existing landscaping. No alteration to the existing building is proposed. The precise location of the monotree is shown on the site plan. Project Description (SD-742-02) Page 2 2/16/2004 cingulan WIRELESS The supporting equipment will consist of the following: six (6) self-contained, all- weather Base Transceiver Station (BTS) cabinets, one (1) electric meter panel, and one (1) telephone interface. Each of the BTS units will measure approximately 51" wide x 28" deep x 63" tall, and will contain the electronic equipment necessary to operate the facility. The equipment will be located at the base of the monotree in the existing landscaped area behind a 6-foot high screen wall so as to not be visible from the surrounding properties. The equipment enclosure will be painted and textured to match the existing buildings on the parcel. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to CW for the provision of PCS. The proposed communications facility will transmit at a frequency range of between 1850 MHz and 2100 MHz. The power required to operate the facility typically does not exceed 200 watts per channel, and thus, the CW facility is by design a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non- ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the FCC standard for continuous public exposure of 900 microwatts per square centimeter. Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the facility will be serviced by a CW technician on an as-needed basis. Generally, this is likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION/ALTERNATIVE SITES CONSIDERED We investigated the following sites in addition to the proposed project site. 1. Snug Harbor Launching ramp area at the north side of the Agua Hedionda Lagoon. The site has visibility to the south but a very tall structure would be required to cover to the north and west. Limited visibility and coverage to the north and west. 2. Condominiums west of Interstate 5 and south of Tamarack (Papagallo). This was our number one ranked site. It was concluded that the residential character of Project Description (SD-742-02) Page 3 2/16/2004 cinguIar WIRELESS the area would create controversy and opposition to the project. Residential zones are not preferred sites according to Council Policy 64. 3. Restaurant north of Tamarack Avenue and West of 1-5. This site has an existing flagpole antenna for another carrier. Another flagpole did not seem like a good solution if there was another alternative site. Also, the site has limited visibility to the south, which is the primary coverage goal. 4. Von's/Rite Aid Center south of Tamarack Avenue. An application was filed and processed by the city; however, the project was withdrawn due to ownership and tenant conflicts over contractual approval rights. No resolution was reached and the application was withdrawn. 5. St. Patrick's Church on Adams Street. The Catholic Diocese of San Diego owns the church and the Diocese has long been opposed to locating wireless facilities on their properties due to potential tax implications for charitable and educational organizations. 6. St. Patrick's School. The San Diego Catholic Diocese also owns this property. PROJECT JUSTIFICATION As redesigned, the proposed project will blend in with the existing landscaping on site and is located in an area on the property that avoids normal lines of sight from neighboring properties and passersby. The equipment cabinets have been relocated to the back property line against the existing block wall and are hidden from view by the existing landscaping. The side yard setback for the C-i zone is 0 feet and the rear yard setback is 10 feet. A block wall is proposed to screen the cabinets from view from the parking lot. No parking spaces will be removed as a result of the project and no new lighting is proposed. A photographic analysis indicates views from strategic points from neighboring properties and roadways looking at the site. The location, size, design, and operating characteristics of the proposed communications facility will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity. The following supports this determination: 1. The proposed equipment associated with the communication facility operates quietly. 2. The equipment does not emit fumes, smoke, dust, or odors that could be considered objectionable. Project Description (SD-742-02) Page 4 2/16/2004 S •1 cingutar WIRELESS 3. The communications facility is unmanned and only requires periodic maintenance, which equates to approximately one vehicle trip per month. 4. The proposed communications facility will not result in conditions or circumstances contrary to the public health, safety and welfare, in that the proposed PCS communications facility will operate in full compliance with the U.S. standards for radio frequency emissions as adopted by the FCC. Project Description (SD-742-02) Page 5 2/16/2004 cingular WIRELESS PROJECT DESCRIPTION & JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD742-02 Village Pie Shop 3890 Pio Pico Drive Carlsbad, CA 92008 Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 Prepared by: PlanCom, Inc Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-3416 Contact: Karen Adler, Planning Consultant October 15, 2003 Project Description (SD-742-02) Page 1 10/15/2003 . 0 cingular WIRELESS INTRODUCTION Cingular Wireless (CW), a.k.a. Pacific Bell Mobile Services, was established in 1994 as the wireless subsidiary of Pacific Bell. CW is a registered public utility and is developing an all-digital wireless network throughout California and Nevada. In March of 1995, CW was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, CW formally unveiled its San Diego PCS Market to officially launch the first PCS service to the residents of the State of California. Since the initial market launch of CW's "Pure Digital PCS" network, design engineers at CW have had the opportunity to assess network performance and quality vis-à-vis real market data and conditions. At present, CW is experiencing both capacity and coverage deficiencies in the vicinity of the subject site. In an effort to respond to these network needs and to ensure customer satisfaction, CW is seeking approval from the City of Carlsbad for a new site at 3890 Plo Pico Drive. The Village Kitchen & Pie Shop occupies the parcel where the site is proposed. SITE CHARACTERISTICS The proposed project is located at 3890 Plo Pico Drive, between Magnolia Avenue and Tamarack Avenue. The underlying zoning of the proposed site is C-I, Commercial. Currently the on-site use consists of a restaurant owned by Forest Fisher. The property is completely developed with the proposed use being passive and creates no interference to the business or operations. The surrounding land uses are as follows: North: St. Patrick's School South: Commercial Gas Station East: Church West: Interstate 5 PROJECT DESCRIPTION Cingutar Wireless (CW) is proposing to construct, operate, and maintain a wireless PCS facility consisting of a total of twelve (12) antennas within three (3) antenna arrays of four (4) antennas each. The antennas will be mounted on a new, 35-foot high monopalm. No alteration to the existing building is proposed. The precise location of the monopalm is shown on the site plan. Project Descziption (SD-742-02) Page 2 10/15/2003 :cingu1ar, WIRELESS The supporting equipment will consist of the following: four (4) self-contained, all- weather Base Transceiver Station (BTS) cabinets, one (1) electric meter panel, and one (1) telephone interface. Each of the BTS units will measure approximately 51" wide x 28" deep x 63" tall, and will contain the electronic equipment necessary to operate the facility. The equipment will be located on the ground behind the existing Chevron Station and will not be visible from Tamarack Avenue. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to CW for the provision of PCS. The proposed communications facility will transmit at a frequency range of between 1850 MHz and 2100 MHz. The power required to operate the facility typically does not exceed 200 watts per channel, and thus, the CW facility is by design a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non- ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the FCC standard for continuous public exposure of 900 microwatts per square centimeter. Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the facility will be serviced by a CW technician on an as-needed basis. Generally, this is likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION CW engineering, planning, and leasing staff have been working to improve, enhance, and expand the Pure Digital PCS network throughout the County of San Diego as well as to other underserved regions of southern California. Like existing cellular systems, PCS will employ a network of transmit/receive stations ("cell-sites") that carry and "hand-off" signals as the user moves from one area to another. As the user moves from one cell area (the area where a base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these signal variations and automatically hand the signal off to an available channel as the user moves between cell areas. Project Description (SD-742-02) Page 3 10/15/2003 . . cingular, WIRELESS The network of PCS cell sites throughout the region is locational dependent", meaning that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system or areas where a continuous signal cannot be maintained, and may necessitate significant design changes or modifications to the PCS network. PROJECT JUSTIFICATION As noted, Cingular Wireless is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the California Public Utilities Commission (CPUC), and authorized to develop and operate a new wireless, digital PCS network throughout California and parts of Nevada. CW engineers responsible for the overall design and operation of this new PCS network want to ensure that network coverage is available throughout the County of San Diego. The proposed site location is essential to meeting the network's current capacity and coverage needs in this area. At present, there is very little or no PCS network coverage to the roadways and homes located in this portion of the City of Carlsbad. The proposed facility is intended to address this need, and by design will interface with neighboring sites to provide high quality, consistent network operations to CW customers. PLANNING/ZONING CONSISTENCY The location, size, design, and operating characteristics of the proposed communications facility will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity. The following supports this determination: 1. The equipment associated with the communication structure operates quietly or virtually noise free. 2. The equipment does not emit fumes, smoke, dust, or odors that could be considered objectionable. 3. The communications facility is unmanned and only requires periodic maintenance, which equates to approximately one vehicle trip per month. Further, the proposed communications facility will not result in conditions or circumstances contrary to the public health, safety and welfare, in that: 1. The proposed PCS communications facility will operate in full compliance with the U.S. standards for radio frequency emissions as adopted by the FCC. Project Description (SD-742-02) Page 4 10/15/2003 S . . angular WIRELESS 2. The radio frequency emissions emitted by the proposed PCS facility will fall within the portion of the electromagnetic spectrum, which transmits non- ionizing radio waves. Non-ionizing electromagnetic emissions, at the low levels associated with this type of wireless technology, are not harmful to living cells. Among the items that result in non-ionizing electromagnetic emissions are police/fire/EMS radios, television broadcasts, CB radios, microwave ovens, and a variety of common household electronics including garage door openers and baby monitors. Conversely, items that transmit ionizing electromagnetic emissions include ultra-violet light, medical x-rays, and gamma rays. 3. Data currently available on the effects of electromagnetic transmissions on public health indicate that there is not the likelihood of negative impacts to public health and safety. Project Description (50-742-02) Page 5 10/15/2003 4 IFO City. of Carlsbad Kial aIiar! ri .i g aii=i IL DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 1Oi(Lr 13c-hr Corp/Part CiI i- Title Title________________________ Address 2) D 72 ô ci /T.. v Address 61-70 er1J4 -O4 S- / haA , C14 cj 1 g Siui iejo 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership. tenants in common, non-profit. corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiciy owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 1rt47- cJ'ler Corp/Part Title____________________ Title________________________ Address 7(t) PLC/I Pr' Address 1/7() Cr £(1P. r..FS1ti :ô ,d c4 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ED 0 0 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to()) or (2) above is a nonprofit organization or a trust list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust____________________ Title Title_______________________________________ Address Address__________________________________ 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards. Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. 3e-- a Lh€4 /-2ft Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's aged if applicable/date ~4(1e4l Nttc r Print or type name of owner/applidnt's agent 1i:ADMIN\C0UNTER\DISCL0SURE STATEMENT 5/98 Page 2 of 2 Of A Ci of Carlsbad nr Mi210010Z - HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 19 The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name (U /f 1 L/(?S Name_ (e 5ch Address: (DiYO t1T ,/?Address: 310 Ko P,c P 3it Th C' 4-i.t r/ba,L CI Phone Number: 11OO I / S i/ ( Phone Number: Address of Site: ?O lo Ic 77(. (}&r/$ hal (?-ft ig Local Agency (City and County) Assessor's book, page, and parce Specify list(s): Regulatory Identification Number: Date of Applicant Signature/Date ,&L2/9 Property Owner Signature/Date Admin/Counter/Haz Waste 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 6028559 t41, . . The Hazardous Waste and Substances Sites (Cortese List) is a planning document used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. Department of Toxic Substances Control www.dtsc.ca.gov/database/calsites Calsites Hotline (916) 323-3400 State Water Resources Control Board www.swrcb.ca.gov/cwphonie/lustis County of San Diego Certified Unified Program Agency (CUPA) Mike Dorsey Chief, Hazardous Materials Division Department of Environmental Health Services Hazardous Materials Management Division Mailing address: P.O. Box 129261 San Diego, CA 92112-9261 (619) 338-2395 Call Duty Specialist for General Questions at (619) 338-2231 www.co.san-diego.ca.us Integrated Waste Management Board www.ciwmb.ca.qov 916-255-4021 Environmental Protection Agency National Priorities Sites (uSuperfund or "CERCLIS") www.epa.qov/superfund/sites/cursites (800)424-9346 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm fax: (619) 338-2315 5/19/03 Oct 01 03 12:44p Ch sen Consulting, Inc. 058.592.0019 cinguIar WIRELESS September 16, 2003 Site# SD-742-02 To Whom it May Concern, Re Letter of Authorization to pursue communications facility at 3890 Pio Pico Dr. Carlsbad, CA 92008 1, ( F R. F 2 ,s j4 , the agent of the below described property, do hereby appoint Cingular Wireless (CW) my agent for the purpose of consummating any application necessary to ensure their ability to use the property for which Cingular Wireless is negotiating a lease for the purpose of constructing a wireless telecommunications facility. I understand that this application may be denied, modified, or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Property Address: 3890 Plo Pico Dr. Carlsbad, Ca 92008 Assessor's Parcel Number: 205-270-36 By:_______________ ? / Lt% 3 Signature Date FF. Print Name & Title P..2 cingu tar • WIRELESS November 29, 2001 To: All Cities and Agencies From: Charles Vranek, Vice President Real Estate Re. Letter of Authorized Agents Pacific Bell Wireless I Cingular Wireless The below named representatives are hereby authorized to act as an Agent on behalf of Pacific Bell Wireless7Chfular Wireless (Cingular) in obtaining planning, building and related permits. This authorization is applicable to any and all matters, including public hearings, affecting Cingular land use entitlement applications in all jurisdictions throughout Southern California. Please direct project related correspondence to the firm and the representatives listed below: Authorized Representatives: PlanCom, Inc. 302 State Place, Second Floor Escondido, CA 92029 Darrell W. Daugherty Krystal Patterson Ted Marioncelli Robert E. Medina Karen Adler Kelly Vivanco Authorized By: - e"~. I ~ " Charles Vranek Vice President Real Estate Pacific Bell / Cingular Wireless Cingular Wireless • 6170 Cornerstone Court • Suite 180 • San Diego, CA 92121 . . City of Carlsbad INSTRUCTION SHEET FOR FILLING OUT ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I This Environmental Impact Assessment (EIA) Form - Part I will be used to determine what type of environmental documentation (i.e., Environmental Impact Report, Mitigated 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 determining the specific environmental effects of your project. Recent judicial decisions have held that a "naked checklist," that is checklist that is merely checked "yes" or "no," is insufficient to comply with the requirements of the California Environmental Quality act. Each "yes" or "no" answer must be accompanied by a written explanation justifying the "yes" or "no" answer. 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 H. 2075 Las Palmas Dr. • Carlsbad. CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 . . ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO:________________ DATE RECEWED:_______________ BACKGROUND (To be completed by staft) 1. CASENAME: 2. APPLICANT: Cingular Wireless 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 6170 Cornerstone Court #180 San Diego, CA 92121 (858)642-9441 4. PROJECT DESCRIPTION:Minor telecommunication facility and its related equipment. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. O Land Use and Planning O Population and Housing J Geological Problems O Water Air Quality EJ Transportation/Circulation Public Services Biological Resources fl Utilities & Service Systems 0 Energy & Mineral Resources [J Aesthetics 0 Hazards fl Cultural Resources Noise n Recreation []Mandatory Findings of Significance I Rev. 03/28/96 . . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (SupplementJdicumeni be.rferred:o and attached) - - - Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated 1. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? LI LI (Source #(s): ( ) b) Conflict with applicable environmental plans or LI U policies adopted by agencies with jurisdiction over the project?( ) c) Be incompatible with existing land use in the vicinity? o D [I 10 d) Affect agricultural resources or operations (e.g. impacts LI LI 11 nX to soils or farmlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an 0 LI [1 established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local ii ci nX population projections? ( ) b) Induce substantial growth in an area either directly or ci [1 [ii indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable [] LI E] III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) EJ [J [J nX b) Seismic ground shaking? ( ) [I LI [J [i] c) Seismic ground failure, including liquefaction? ci ci Li [ii d) Seiche, tsunami, or volcanic hazard? :i [1 {] e) Landslides or mudflows? ( ) 0 E] LI [} f) Erosion, changes in topography or unstable soil [I LI [1 conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? h) Expansive soils? LI LI LI [] i) Unique geologic or physical features? [I LI LI [I IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the LI LI LI [1 rate and amount of surface runoff'? ( ) b) Exposure of people or property to water related hazards LI LI [I [ii such as flooding? ( ) 4 Rev. 03128/96 Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documensMayberèfeJTed:owldagfached) Significant Significant Significan Impact - Impact Unless t Impact Mitigation c) Discharge into surface waters or other alteration of - o Incorporated x surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water 1:1 El 12 body?( ) e) Changes in currents, or the course or direction of water movements?( ) f) Changes in the quantity of ground waters, either o 0 through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? o 0 0 Pq h) Impacts to groundwater quality? ( ) 0 0 0 i) Substantial reduction in the amount of groundwater 0 0 otherwise available for public water supplies? C ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an [] [1 [ existing or projected air quality violation 9 ( ) b) Expose sensitive receptors to pollutants? U [1 [1] [ c) Alter air movement, moisture, or temperature, or cause [J [J [ any change in climate? ( ) d) Create objectionable odors? ( ) U 0 U VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? [J [] [] [ b) Hazards to safety from design features (e.g. sharp [1 0 curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) inadequate emergency access or access to nearby uses? El C] [] d) Insufficient parking capacity on-site or off-site? [3 C] [] e) Hazards or barriers for pedestrians or bicyclists? [3 [3 0 f) Conflicts with adopted policies supporting alternative 0 0 transportation (e.g. bus turnouts, bicycle racks)? C ) g) Rail, waterborne or air traffic impacts? [3 [3 [3 ID Rev. 03/28196 . . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (SuppMneentd jJj0 iitah& Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated VII. BIOLOGICAJ.. RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats o (including but not limited to plants, fish, insects, animals, and birds? ( ) b) Locally designated species (e.g. heritage trees)? [J [1 [J I] c) Locally designated natural communities (e.g. oak 0 forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? El El lii e) Wildlife dispersal or migration corridors? 0 El El VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? El 0 [c] b) Use non-renewable resources in a wasteful and [] El {1 inefficient manner? ( ) c) Result in the loss of availability of a known mineral El 0 El [] resource that would be of future value to the region and the residents of the State? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous El El. El {l substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible interference with an emergency response plan El El [l or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health El El 0 {} hazards?( ) d) Exposure of people to existing soutces of potential El El El [l health hazards? ( . ) . e) Increase fire hazard in areas with flammable brush, El El [l grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( El El El MR b) Exposure of people to severe noise levels? El El 0 [ii XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) El El El [l b) Police protection? ( ) 0 0 0 c) Schools? ( ) El [1 El [J * 6 Rev. 03/28/96 . . Issues (and Supporting Information Sources): Potentially Potentially Less Than No upj,Ie,eniàI Significant Significant Signiflcan Impact Impact Unless tlmpact Mitigation - Incorporated d) Maintenance of public facilities, including roads? o [1 I] e) Other governmental services? ( ) 0 El El Iii XIL UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ( ) 0 0 0 b) Communications systems? ( ) 0 El El c) Local or regional water treatment or distribution El El 0 facilities? ( ) d) Sewer or septic tanks? 0 0 0 111 e) Storm water drainage? ( 0 0 Cl {] f) Solid waste disposal? ( ) 0 o g) Local or regional water supplies? ( ) 0 0 El Xli!. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? El EJ [} b) Have a demonstrate negative aesthetic effect? [J c) Create light or glare? ( ) [J [] El XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( El [I [1 [i b) Disturb archaeological resources? ( El El El Iii c) Affect historical resources? ( ) [I [1 0 [1 d) Have the potential to cause a physical change which El 0 11 would affect unique ethnic cultural values? ( ) e) Restrict existing religious or sacred uses within the El El [1 potential impact area? ( ) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional El El [1 EI parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? 0 El [i ( ) 4. 7 Rev. 03/26 . . Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents rny be rejferredto a,dattache) Significant Significant Significan Impact Impact Unless t Impact Mitigation XVI. MANDATORY FINDINGS OF SIGNIFICANCE. Incorporated a) Does the project 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) Does the project have impacts that are individually D limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will 0 cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 8 Rev: 03/28/96 . . are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additinal sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore. the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EW is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. LIST OF MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) FLI Rev. 03/28/96 Revised Photo Simulations Cingular Wireless CUP 03-27 Pie Shop SD-742-02 Pie Shop 3890 Plo Pico Drive Carlsbad, CA 92008 cingular Prnnnc1 1Y mnnntre /i1±i I SD-742-02 Pie Shop 3890 Plo Pico Drive Carlsbad, CA 92008 cingular WIRELESS Proposed 35 monotree iIi .ri / Proposed equipment enclosure—/ RX --r. 5" - gr Photosimulation of proposed telecommunications site: View from Village Pie Shoppe 11 '40P - OW PotosimuIation of proposed telecommunications site: View from St. Patrick 4l Church c Street —I center S SD-742-02 Pie Shop 3890 Plo Pico Drive Carlsbad, CA 92008 cinguIar , I WIRELESS A - /—Proposed 35' monotree Revised Photo Study Cingular Wireless CUP 03-27 Pie Shop 0 0 4/3 - 45- U \ Ti lie ® \øup,-< Site R 4 70 0 @2000 Thomas Bros. Maps SDCO IA 700 0 IRV [ F Visual Study Cingular Wireless SD742-02 Pie Shop N #1 View from Village Pie Shoppe P%"~ L f""'166 , I AM #2 View from northwest corner of Pio Pico Drive and Tamarack Ave. Proposed monotree not visible U 01- •• I. Visual Study Cingular Wireless SD742-02 Pie Shop MI 1\\ UI 5iL 110111 1 d11IdidI\ \iki Visual Study Cingular Wireless SD742-02 Pie Shop • \,''c\\ !l'om Tamarack \ L'I1Uc iiiIiii i' \ mis center ow !J V #6 View from Tamarack Avenue Visual Study Cingular Wireless SD742-02 Pie Shop H-IOU I View from Si. Patrick's Church driveway on Adams Street 48 View from Adams Street in front of St. Patricks Church buildings Visual Study Cingular Wireless V-Aj #9 View from Fir Bnpist ChLircll ni ailbad parking IOL on Pin Pjco Dri\ r. Site not visible #10 View from Pio Pico Drive in front of St. Patrick's School. Site not visible. #11 View from across Pio Pico Drive at St. Patrick's School Visual Study Cingular Wireless SD742-02 Pie Shop / •1 L ..H,.:. .... #12 View from Pio Pico Drive at the Village Pie Shoppe Visual Study Cingular Wireless SD742-02 Pie Shop Imi I 3 \ iev ftoiu St. Pttricks School property northern boundary angular WERE LESS L.Ii'i 'i' PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD742-02 Village Pie Shop 3890 Plo Pico Drive Carlsbad, CA 92008 Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-3416 Contact: Karen Adler, Planning Consultant October 15, 2003 Project Description (50-742-02) Page 1 10/15/2003 SD-742-02 Village Pie Shoppe - July 10, 2003 Page 1 . 'inguIar WIRELESS Looking West Looking East Proposed Telco Trenching Proposed Electrical Trenching 0 * inguiar . . WIRELESS cl Looking South Looking North SD-742-02 Village Pie Shoppe - July 10, 2003 Page 2 S . cingular - WIRELESS Looking West at Proposed Location of MonoPaim and Equipment Enclosure Looking Southeast at Proposed MonoPaim and Equipment Enclosure SD-742-02 Village Pie Shoppe - July 10, 2003 Page 3 - -I Proposed MonoPaim in Background Screern by Existing Chevron Pump Roof Canopy . . X cingular WIRELESS Looking Northeast at Proposed MonoPalm Location Behind Chevron Building Looking Northwest at Proposed MonoPaim Location Behind Chevron Building SD-742-02 Village Pie Shoppe - July 10, 2003 Page 4 S I .cinguIar I WIRELESS - * Proposed Electrical and Telco Trenching Routes to BTS Equipment Enclosure SD-742-02 Village Pie Shoppe - July 10, 2003 Page 5 4: • °roposed antennas mounted to new nd replacement light standards SD-742-02 Pie Shop 3890 Plo Pico Dr. Carlsbad, CA 92008 >. cinguir Photosimulation of proposed telecommunications site, view looking Southwest SD-742-02 Pie Shop 3890 Plo Pico Drive Carlsbad, CA 92008 cingular , WIRELESS E'J Proposed antennas mounted to new and replacement light standards- Photosimulation of proposed telecommunications site: View from Village Pie Shoppe SD-742-02 Pie Shop 3890 Plo Pico Dr. Carlsbad, CA 92008 cinguIar WIRE LESS Coverage Levels: Fl Excellent Good/Variable Poor No Coverage SD-088 SD-295 - 1'• CrIsbad Villag . - : ••' .. SD-742-02 Subject Property - p 1-5 U k U SD-185 "ii... Dronosed coveraae I I SD-742-02 Pie Shop 3890 Plo Pico Dr. Carlsbad, CA 92008 cingular WIRELESS Ei - Photosimulation d monopalm SD-742-02 Pie Shop 3890 Pio Pico Dr. Carlsbad, CA 92008 cinguIar , Proposed monopaim Proposed equipment cabinets on new concrete pad West KEY NOTES: Pt NATIJPE EAT JET TA WE fl ThorN TINT TEETh INkS! PIN **P P*AiM EN 1*1*4 ISQN5 - A*1*le *41*11* PP wmw P41*1* in P44 4*4 4O*4AA t .* *A0)O1*WP #14*1*4*441* IN A 4*44. PIT *4l I - J'rTE 3P*T4sITr - - OCM 14*0441* V 44T*I. 4*047 Cl) L1*ITIl PP 1441*1*1*041* * 48>M Lwff PIT. 70 .0 ri - — • 1*0* 0*041 4 0) - OPT S - 5 IMSA 5- -- - \ - - -- 4TTE4TTJJJJ5J4j!jI bET S orI'r' U JTTTI IN_S__c ST. -- E 555 ItT 411014 55 4 %t*b. -- 1: ---- V I it Pmm" We - - - -. - "ar WAML ME mom -5 --' -S. -- - — - - - — - - -. *1*1*41 . 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SIN 14011 5)7A0555 P*7 R01 0400W *4*5 SIN S. 1 (IL S 5454207 Wj1(* / I a AW in pDI15W04 No AIM mm th r \ç -----, \. \u \ \ \ - - - - - - - - - - - — - - - -- I r3r*sl14 W SHEET IS LESS ThAN 24 N 351 IT IS A REDUCED PRINT-SCALE REDUCED ACCORDINGLY t RE 4a 00. 00154 15 RE IQ 0 2:00 - (.. 101*54175554 PAWU MI? If. CIO 004, 704 14404)74% flOMAIION 110747440 74 110117! (0 rlfl!70c!O 45151075 5 P74044)1414 Il 14411)7! III! U07 4 001400)51 141010 444 71400 C14 711114% I....... II 31074)1 0744700 150001$ 7471 L.. ti) U) w - uj 0) C .x 440144444,,I( 10 0.1. 111' 4717 PS! 4(0 4)0,14 1.70(0744) lIOn? P5200*400 a5 IIXRSCIl & COMPANY C! 71%! 111774)0 74401714)4)775 SD-742.02 PIE SHOP SITE SURVEY 3590 PlC) P100 DR CARLSHAD, CA 92005 SAN DIEGO COUNTY cull .1 ABBREVIATIONS • S cingular WIRELESS PIE SHOP _ WIN I i 3890 PlO PI CO DRIVE CARLSBAD, CA 92008 SD-742-02 - - - c: im F 0 PROJECT DESCRIPTION VICINITY MAP SHEETINDEX Raw ' r 'NA' AN T AAIUI* * POW p - AAN ANN ANW IN - IN P N AN CODE COMPLIANCE =wig= lomom I LIIAIM M* AN 4 L* AN IN? PAL. IISNA NA N ANt N. MANAL MAMA ALA IAN I twm ALMIM. AN tilt I MP,JNY ANNAW - w &RAW AN w [ANN NANNALUS A,% NAILS NANINANA1WL XI PAL hAN PALl il [ANN AININMAN AirI IM W PWARIM 1PM AL AZ w OKUVAW "m U, lANAI 'AIIM v~ ANN 61 AI.ANAL OW" II j AN : LANAI INK NO =0NAANt ANIAN IN A O ALlY IANNA ___Im 0 am ________ To AL ALAN OLANAN tIlL $4. \ S1E , J! * PlO I • \ - I M SA A LEGAL DESCRIPTION __________________ AL lN.t,*N. PANrumnN PA AN IWPL ___ I AL AN Pt 1PLIY SYMBOLS NAN l MANNA N LANAI x WWR py INImm AN lANA ANIMAl SAM. PAL N JIM MIS Ill ANNA lAM WMAL ILIAL as Lb L3mw N.W, 11 III ALMA AL APPROVALS CONSULTANT SD-742.02 * JL w"LANAI swam" AMA1?p&fLSl PUAI1y NFALNAANN EWu s* 511 IN ANPA AN AL AN ALl NA MIII N Comm mww now MONt MIPjMA-MII PIE SHOP WAM . AN ,.= , - All AN ANALINA IAN AL INUILLINNI ALANPIN AN mIlAN? IN SIAN I! AS t AN AN *0 IMP AL M ______________ "Pm.i? buNt LAN (751 11$-NIl Now TITLE SHEET _____ PSI All AIMIAN MO — mm APJIO MN 170 MN ANNA ALAN MIAMI — AN ItP NI-MAN ___________________ A NAIlS — T 1 AN S Oct 08 03 Ul:53p Chassen Consulting, Inc. 858.592.0019 p.2 S Title July 2, 2003 Plancom, Inc. 6160 Cornerstone Court East San Diego, CA 92121 Attn.: Michelle Klein Title/Order No..: 01107959-AP Property Address: 3890 Plo Pico Drive, Carlsbad, California Buyer/ Borrowers: In connection with the above numbered Escrow, we are enclosing the Preliminary Title Report(s) and any other requested documentations. Plotted easements to follow shortly after Items #1 and 2 are received from the County Recorder's Office. If we may be of further assistance, please feel free to contact the undersigned. We thank you for this opportunity to serve you. Andre Pitchford Title Officer Enclosure(s) Lawyers Title Company 4542 Ruffner Street Suite 200 San Diego, CA 92111 Phone: (800) 735-9779 Oct 08 03 01:53p Chassen Consu1tin, Inc. 858.592.0019 p.3 4542 Ruffner Street LandAmerica Suite 200 L Lawyers Title San Diego, CA 92111 Phone: (800) 735-9779 Plancom, Inc. 6160 Cornerstone Court East San Diego, CA 92121 Attn: Michelle Klein Your Reference No: SD-742-02 Our File No: 01107959 - 02 Title Officer: Andre Pitchford (apitchford@landam.com ) Phone: (858) 505-1417 or 1416 Fax: (858) 279-8914 Property Address: 3890 Pio Paco Drive, Carlsbad, California PRELIMINARY REPORT Dated as of June 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 toss 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 Form (Rev 1/1/95) Page 1 Oct 08 03 01:53p Chassen Consulting, Inc. 858.592.0019 p.4 File No: 01107959 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: Forrest F. R. Fisher, as Trustee under Declaration of Trust dated July 31, 1972 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 CLTA Preliminary Report Form (Rev 1/1/95) Page 2 Oct 08 03 01:53p Chassn Consulting, Inc. 858.592.0019 p.S File No: 01107959 Exhibit "A" All that certain real property situated in the County of San Diego , State of California, described as follows: Parcel 2 of Parcel Map No. 207, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 20, 1970 as File/Page No 31911 of Official Records. Assessor's Parcel Number: 205-270-36-00 CLTA Preliminary Report Form (Rev 1/1/95) Page 3 Oct 08 03 01:53p Chassen Consulting, Inc. 858.592.0019 P.6 FkNo 01107959 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: $2,228.25 Paid This amount is valid until December 10, after which penalties apply Penalty: $none Due with installment amount if paid after December 10 2nd installment: $2,228.25 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 Code Area: 09000 Assessment No.: 205-270-36-00 C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. D. The lien of a "Special Tax" pursuant to Government Code, Section 53328.3 and Streets and Highways Code Section 3114.5 or other Community Facilities Assessments, as provided by Municipal Code which is collected with the County (and City) General and Special Taxes. 1. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: pole lines, underground conduits Recorded: November 11, 1952 in Book 4341, Page 543 of Official Records Affects: said land more particularly described therein. 2. The fact that the ownership of said land does not include rights of access to or from the street or highway known as Highway 5, abutting said land, such rights having been severed from said land by the document Recorded: November 9, 1951 in Book 4287, Page 93 of Official Records 3. The fact that the ownership of said land does not include rights of access to or from the Street or highway known as Highway 5, abutting said land, such rights having been severed from said land by the document Recorded: July 11, 1967 as File/Page No. 100202 of Official Records Fo'm 2210-11 (6/2/98) Page 4 Oct 08 03 01:53p Chassen Consulting, Inc. 858.592.0019 P.7 FiJeNo: 01107959 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Chevron U.S.A., Inc., a Pennsylvania Corporation, formerly Standard Oil Company of California Purpose: ingress, egress, the installation and maintenance of a freeway identification sign and related conduits Recorded: May 14, 1969 as File/Page No. 84279 and modified December 14, 1994 as File/Page No. 1994-0713183, both of Official Records Affects: said land more particularly described therein. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: pole lines, underground conduits Recorded: November 13, 1970 as File/Page No. 208177 of Official Records Affects: said land more particularly described therein, 6. An agreement to which reference is hereby made for full particulars, Dated: Not Shown By and between: Forest Fisher, as Trustee of that certain triter vivos trust established by Declaration of Trust dated July 31, 1972 and Steven W. Taylor and Kevin M. Taylor Regarding: lease option Recorded: December 30, 1986 as File/Page No. 86-618796 of Official Records 7. 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. Requirements: REQ NO. I. The Company will require that it be provided with either (I) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (ii) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Trust: Fisher Trust Form 2210-11 (6/2/98) Page 5 Oct 08 03 01:53p Chassen Consulting, Inc. 858.592.0015 p.S FicNo: 01107959 INFORMATIONAL NOTES NOTE NO. 1: Privacy notice (15 U.S.C. 5801 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 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 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, California 92101 ABA # 122-000-496 Credit To: Lawyers Title Company Acct # 9100822331 RE: 01107959 - 02-101-AP PLEASE INDICATE Lawyers Title Company ESCROW OR TITLE ORDER NUMBER Form 2210-11 (6/2/98) Page 6 Oct 08 03 01:53p Chassen Consulting, Inc. 858.592.0019 p.9 File No: 0!1D7959 NOTE NO, 4: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, DIlL, 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. Form 2710-11 (6/2198) Page 7 Oct 08 03 01:54p Chassen Consulting, Inc. 858.592.0019 p.10 Exhibit B (Re /2JS) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 EXCLUSIONS FROM COVERAGE - follo—r niailersfolio— we ems rtch4ed 15on, tire Ct.e.tie o'this policy and the Cornraoy w ill not pay loss or darrafe costs. no yç lees ci errpem .er ..lirt arIse by erasnrn of al Arts faa. crdotne or focer t0t regniation inthidrrig bitt riot untIed 10 lxtdirg 0" zrtrmg Jatis o"±rrarrCcs or ujotri) resrnican, refa1isg l.tirrbttrn or relating Ii, (I)the ocrupanc., use or enjoyment of the land tIre cacror, d-ser.rrs or Jacatco c' air) rtroccmcnt now orheseacrerected on the latrd I is) ascpaoarton rim on.rcrsir'p or a olrarrgr to the dtmcrmsmcsx orates of the land or airy parcel of Such the land is or man apart, ors essmrorrrrremmrot prornrtrrorm, or mIre rifror of Soy satiation of these Itiwe. Ornae'ce* Or goserrirmentit re.latai'rrs escept to lhr comm that a notice 'the aorcermesm ieofer a notice of a defSu -i, lien, or cricumbraricic result irg frirrria laJatrr, o- .tIkcá sictlacizn a1Tectrn the land has been recorded in the p.rbiz records an Dare 'Pohci rho kmry gcseres'omzr ycce tomes non excluded by (3) aberre, CXCCPI 10 the rarest thaI S blOC Clihe escerse iherecf. r norm of oefnci. re 1r croi,r,*ra,rce .csulrmr.g from a viojatroir or alleged volatnan afrectmg the lard ho been recorded in trio public records at Date of Policy Rights c"emrrenl domarn tritest mrnn.ce cnf the exercise thereof has been recorded to the public records at Date of Policy, bum rs,nrr etc sorry frcrrr cosmape ocy lol.rr,g which has occurred prior to Date of Policyahol imoulif be bridirmy on the rights ofri pmircharirr for cairn wrjtout knowledge Defects tiers. encnml,ramonu, ahnrse claims or edict micros (3) wht'mer or mior recorded in thc pibic records at Date cf Po.cy, but created. smlTercd. assumed or speed to by Inc insured cbrrm'.arrt tb) rOt Inatur to the Comp.rny. rot re,txtkd es the pubic records at Date of Po'rcy. but krzrv.n To the insured claimant and rot imoarsel in rnnrtmy to the Corrç.nv bc the insured clni,nannt prior to the date the mrrsirrd clarmaru becarrie on visited undnr'thapclics. (Cl Reuil'.irrg in no Itirt or damage to the trisared clainmanri, (di Attaching or created subsequent It Dote of ?o.icy. or let Res..t.ieg in less Cr dora&e enrich s'oi.Idrot base been sustained rfrhe tnsmmecdclaimnatri had paid VSlimt for the mrrs.crJ r'rgayr or fir ilic orate or ivcrcst trassatcil by this policy o UneofaraInriri of the her- if rime rtturci mortgage because of the imiabritty or fanlune of the insured at Date of Pdrc, " rho nrobrI' or fail ure m1 arj siimm.cque.ii o*nerof thin nmdebiedncss in conçie auth the applicable &rrg .nnss lausoltise state am srlrrth tie lard rsnru.aatd Jr ralidmrv or urtenforceutnflms r-fir tier of rhtt rrrsurcdrrnoergapr. or claim thereof wirrJm arises omit tithe t-ariso:Irtr rurdemiced l'j' time rrsrre3 mrsoilprigr on) ii used upon .rssmy mar anyconsummmer credit proteisicss on rr-ath me lending ta. Any cumin'. ul'rclm uniter c..' clint tr-attssctv- sestipy is the resumed the estate am' interest mrrsmn'nmd tic C1r pct.ort or time Irun-sucticir crclttrr'f rime interest of the rmsured lender. by reason cnf the operation cml federal banrkr.yrcr slur tour see: or sims, credrrer, -rpm; laws EXCEPTIONS FROM COVERAGE - SCHEDULE B. PART I firms potter doer not rrssrrtr arorrsr kss or darampe land the Company will not fiat costs. amrarre S fees or expermsesn itch ar-inc by realms iii lanes or assessments v limth are nor srremwmm at en (borg liens by mite records of any tarrim.g ar.rhrmrrty thur Jet en rates or assesmrmainms on rear p'nyre" o by 'he ptiimure records Proceedings by a piutsi; agency n.lrim± ron. mInt i' rune, cm assessrrwnir or notices o1 statr p-oceesrrrgs 'rheiher om'no iImwnr by tire eecrn'di olsuncln agIlity or by the p.rbtrc recOrds Airs facts rrfrns .rmreronrs ci cIuors rt loch we not amicmat-m by the pubic records but nh,ch codid be ascertarred by an mr'specr owr c°rl.e lurid u hi,) osay be asserted by persons in posseesmem ahereo Easeme-tru liens ca rrrtcrrntwunrcc; or cia-tint thercf .shmclt are trot slIentn by the pn.iitrc records * Dssrrepatmcnes. cpmrtbcrrs at borasdar's urns, s'iormage iii lieu, etmcraenitrneitli, ninny other- luctu nsmch a cc eon survey ouruiry d.rcksc. mic sclrich arc riot short by rIte pimbluc records S hat Unpo-entej m'oninr' clones in e"vu'ons or enC(mrnrs in prsrs or 5 i.CtS audiomizrng the itUirCe titereof, 0) wsre- rights elaine or irmle tin eater, n.(remlmrr or nor rite rnarrers rwcepted murder In) (bi on Icr we ibm-n ly tine pal-Ito records CALIFORNIA LAN!) TITLE ASSOCIATION HOMEOWNER'S POLICY OF TI liE INSURANCE (67)8) EXCLUSIONS in addienn It ore Pseetri iris - Sme3,mle H, You see i-or itmweil trgamInI loss eons, anor-irn)l lens. and enpenses resulting f-on srtccta.pC cc soue- and 't'. esatrrttn tnt icolarror of a-'. asi Cr gosermurmemrt regulation This nriztudm ord,oancca. torus and r'epusnlrmrs Ltnr,ce"mrrrf a b oom'iry C lanotue ml rnrprcrye'rnlv; on hr Lard bird driuron I ctmsrrornitrcrttul pizoeoncn 'tints Esclmrs.ari does not ;yçiy to violators or the errfareenrmenr of rherie enroaton if notice o1 the cretarort or crrfarccrnmrir appears ms the Public Records at tIc Pmt:ncy Date. This Escl,asmmnnr dtses nor hr't the coserogn descrrbed 'rrCosered Risk 14. Ii, 16 17 or 24 The farut uf'tour crrsnirv stnmctrm or arts post is1 rhcmrm.tcr be construed rr acccrctamicc still' apf)rtstn'e buuldig codes Tics Enit.msor. dtnrrt riot apply no vuotmitrors aflauildmg codes if notice of time iXatrorti afipears in the ysbtmma Records at the Pn y Dire S The ngrr me ta,e the Lurid by r.tndorrmnmrmg i irrieso a a rmctrce oferer-crimne the right appears in the Public Records at the Policy Dare, or b lire takrr-p liappored before the PoIrc dare and is bims.iir'y on 'i ou ml' You )nn'.tgIrl the Land wirhtnut ionewiisg attire Iakir'rg 0 Risks mi that are created. thins cl, mt rgiesd tn bi Yju, whcrler or riot they aficreun in Inc Fubi c Records, b that are lruurs-r to Yorm am rite Pricy Dare but not to lit unless they appear tnt time Public Recerds atttt Po).cy Dane, c that result in re its to Vu, or ti that 'rent occunralmer the Po) ci Date - tht, does not Imrtit the coverage described in Crcrmcd Rmsl, i Id. 22, 23. Z4 or 23 Partare to pay mitatue fat Your Title Lark trims r-ipir a no any lurk cuts On the area specifically described a-icr relerred tale paraltraplrl ofScJmedute A. and Is in crests. alleys. or n.arer'mray-s that touch time land This Exclusion dues rot firma time revenge described in Covered Risk It or IE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-2-87) EXCLUSIONS traidetorm cc rime Errcepirrmmt irs Schedule B. you are not insured Against toss. coas. attomneyn' fees, aadcrrpcmmses resulting frçrn Govertrrnentsl polmet pinner, and the existence or uriclotlan oiar' law or govemmratr,t rcgsmlarmcn This includes building and zoittrip oriimrmar'cet and ahe laws and negril.mkmns concerning • l.anOnmse • inmnrtrs'eemwrro C" t)'e land • Land tinyis, Cr • E,nvirornrrscrint) p'clect on This crclm.siott does rot apply no srimIat arts or the enforcement of these matters WhmOim appnar am the public records at Policy Date Tints minlirsicrn does nor :,mrI Ire totrieg cosreage described in items 12 and u ofCosercd We Risks The nigr,i to take tire lard by cmnndermrir',g a. inert - A ecnrre dl excrcimmng the right appears in the public icmrrdu ama the Policy flute at The iaxrr.g imdptreineni priattnr tie Polncr' Dine ondisbir-dinmg orsynermc if you bought the land suin'r.00r ktiascrng cfthetukrrmg Tit'neRsicu • mar ererrrnaird. otoxd is' rg'ersdtob; yea • Thur are kr'cmrr ntm vu, but, ot torn. or the Polmcy Date - unless they appeared or rate Pubic Records - Tiratresulr r rio omit, sirs • Ttr,at lint affect your irtle after the Pc:co Dale - this does not irs-I time labor and .narnenual lie-n nacelage in brerit 3 or Co. teed Trite Rink, Failure topao 'nt_n fo'yoorrrrin Licufariglir • Tn, any ,miuri rrratsrdc 10c mica ripczrhicaly described atrdrefrrrcd torn Item 3 of Schedule A OIL • Ir srrrc's alley.. mm surer-mayo thu touch ymnuic lurid This eSOimittir Sew; mis, mint' he 000ess tos-erage n Item) olCsered Tine Risks -arm 2210'11 (6/2/98) Page 8 Oct 08 03 01:54p Chassen Consulting, Inc. 858.592.0019 P.11 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM I COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE The following enaurot are eripoccoly cxcludd from the coverage of this policy and the Consany will nor pay Ions or durtatge, costs. attarers fees or ccperrsec which ante by rouroer of I c) Aro law. ordinance or governrrscvu.1 regulation (including but riot untrIed to budding and antttog Inns. ordtr.ances, or regiJatronol restricting, regulating. ohibthtg or relating to Ii) the occupancy. use or crr,oyrrwnt of the land. (ol the character. dimentiono or location of'nrry .rirovenwet no. or hereafter erected nit the land. (iii) a sopurettoir In ownenship or a change in the dimciuirrts or ares of the land or any parcel olwhich the land to or was a purr, or (iv) cr oi-urrental procoron, erthe cffrct of an aslatiout of those lawn, ordinances or governmental regulations. except to the cutest thai a novice of the cofsnccmcic ibcoeof or a notice cnfadcfcct. heir ce cncsfl*r-ntnce ,eouhrng hoer a vrolwiir on a3ogod violation affecting the land has brett r.crdxd in the piffrhe rccordt at Date of Policy (h Any cnccrnmcrrtaIpolicc power net escluzlcd by (a) above, escepi to the extent that a notice of the exercise thereof or a notice of a defect, heir no eticw,*cunco renolrirg from a violation or allritoti violation effecting the land has been recorded ton the public records at Dane of Polcy, Rigtns rfcnotiise-ni doenarn unicts notice of the ccercne thereof has been recorded to the public records at Date of Patios, but not excluding thoencoserage any taking which has occanred pratt to Date of Pintt: a Inch attend tie binding cot the rights ofa piatelrasrr for value withinat knowledge 3 Defects. liens, corcuorcorances, adverse cisinos or other enustro's a created, slTcrrd. aistinind or agreed ruby the ariated olauruna. it non iznwn to the Coorparo, not recorded or the public records at Date of Policy, but known to the ttonttned Claarrxtnit and toot diucloced tot writing to the Corrçaany by the insured clatniant prior to the date the insured claimant became air insured under this policy ic resulting to no loss or dsennage to the mmcd clatinain. ft .rtacfrnrg or created saheeqoetmn to Date of Paltry (except tc the extent than this policy imitates the priority of the lien of tire itssared roxirigage over any statutory berm for strotreem, labor or material or to I" ccrenmn insurance is afforded beretot as to assessimserons For street 1rres'cnaeets .trder consnracttont or eonrq,icmed at Date D( Policy). or el mulling r0 055 or darotage which would not bane been sustarorcd if the insured cttrmataau had p&.d sin lie for time insured mortgage - 4 Uoenofarcotnthl cfntrc leim cftlat cosured tnortgago because ofthe nubiIiry or furlure of the insured at Dale Di Policy. or time rnabnluy or farlare of any si.tnapaciat owner of thc indebtedness. to wrply a nit arpieannle ocorog bautmiesi laws of the rtatr ran which the land is situnird 5 tr ttiid, r u,'ur,ftvceaft.triy of the Iter. ru the tortured mnateigage. or claim thereof, ahicim arises out of the transaction eviklenced by The ritsiarod niorogage and in based upon usury or nay noocutrico credit pttii000rtlr rtntir in tong .ua C Any uunn't on In, for services labor or roxomals for the clann, rnfprinrm'y of any rotatatorn' lion for sets-ices, labor or tr,utenals 05cr 'he beat of tire insured netrcgage) an.nrrg frrmi on nnp'mwewn or amrtit v inch at )stc of Policy the r'suoec hat advanced or us obligated to advance 7 An cisito urich trues oar cnithe trannacincc creatrrg the mrrivross rf rtmrermcnlgagrr inured by thu Plrcy by reaton o'rhc çie,*rn of federal batukotayrcy Itare mirroiweoscy, Or orroalar creditors mognhn taut than no based an nut the I.ronusacrmar creating tire interest oldie mitiured r'matm'tgagoe being deeio'rerf a h'att&lemmt conveyance or fraudtutc'tut trantsfnr. or (ii the tutxtrdmmnalucni of the interest co! the insured rosonigagec as a esiuft ef the applicatroir oftbe doctrine of equitable ssbordiona'ioo'. or Itoo the Osacrorr eanationg the interest of rime notsurod swilgagen being deemored a pro la to tciratht record the ir,strt.rnent of transfer, or hI of such rocoruisluon to roripart nOtice 10 apunebater for value or su,memtt can lien creditor. The aboce pOlicy k'r-rno city be ranted to afford ether Star4ard Coverage cr tsnccndcd Coverage In zddnurcr to tc abate Excusucrns ftino Coverage. the Eaceptiocs liter, Coverage am a Standard Coverage policy us sac nach,de the focnwirgerteralEsccprrotis EXCEPTIONS FROM COVERAGE Tht yro.: does net ir,oure agn.tosst lessor danosgr land the Coerçany will not pay coats auormneys' fees or cxpcntses) whmch ante by neaten of 1 Tones or asuessmerts which are not shown as existing 1rens by the records of arty taxing authimrutythat levies taxes or assesannerits on real property or by the public records Proceedings by a public agency which rosy result in taxes or assessnrenls, ornoricea ofsuch proceedings, whether or cat shown by the records aficuch agency or bythe pubic records Ar facts nghts. interests orclatrirwlrcin arc not o,lnoiu'nn by the public records but which could be ascertained by an inspection of the land or by making inquiry of per'so-w in possessions ohericef 3 Ewerosenmis ucrns or c,icunntsatoces, or clannus thereof, which are no: shown by the publtc records 4 Dsscrrpai'ereo. oeurf,nLs in boundary loses. nhoriuge in area, crieroachrncrots, or any other facts which a correct surrey would disclose, and which we not shown by the public records S (u) Utipatrinted mining clarets, (it) rc500vaticnus or exceptions in patents or in Acts authorizing the usnunitcc thereof, (ci water rights. clamant entitle tci water, whether a- rat -he iotatteans enccp'.cd wider (a), (ci or id use shown by the pabhlo iccods AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) Aild AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The 'icilisat tog matters mane espreisly excluded from the coverage cf this policy and the Crrrpaioy , will net pay lost or darovige, costs, ortsrrieyv Ien or euponsos which arise by reason of I (a1 Any laus. urdur.a'scr err goseroonnennal ieiatitir, (tnc)uiiamg but not limited to bulldog and sating taut, ordinances, or regmtiataons( resnratlrnng, regulating, proltitoemnig or relating It (I) the occupancy, use Or revynren' of rise tso4. (i) the ciranitrior, ufnrnsenmsiono or lmncatarm of antj innpmerse,nronnro, or lIcroaficr erected on time lard Inn is scparattmoor in ownership or a ciuts(ge in she drrner,uiorrs or area of dir land or arty parcel of which the land is or was a part, or (to) emra'iromonneetal protection, or the effect of any violation of those litert. ordiu-,aannces or gcccrmnnnrmual reguJationts. except lathe roteer7 char tu n'rtke of the eutfsite,osrmrl tlreneof cc a r,cmluce of a defect, her or nneuuodnm'uivae reuuliirrb frcrnrr a voolannotu or alleged violating affecting the land has been recorded an the public records at Date of (cr1 Any ganetttrnerrtal policy power riot excluded by (a) above, escept to the extent than a notice of the exercise thereof or a non to cia defect, lien or cnrctunrbmxurce resulliitg ham a violation or alleged vualamion affccsung time land has been recorded in the publtc records at Date of Policy 3 P ights ci e'rtineiot dOmain ,uffless notice of time exercise tirereof hat been recorded in the public records as Date x'f Policy, bat non euclitdnnng from coverage arty salting which has occurred prior to Date of Policy which would be bmnmdtng on time rights of it ptirchascr for vailuc w4)rnt,tc kncwlOdge 3 Defects, liens, eroeurnbrarrccs, adverse clasnuw or other matter's u,3( crearsil. tumffrrcl assurnued or arced to by the ensured clasnnaant' thi runt litranmoro to the Crrrtptny, net recorded in the public records at Date of Policy, but known to the tenured clunittattt arid trot disclosed in writing to the Ccrnmopznry by the insured claimant prior to the date the insured claimant became an tutored tinder lhis policy. Itt mesuilnunig urns loss ordansage to the attuned claimant, lii, srractnr.g c- crcate outaquenn to Dots of Palmity. or on net.uloirg in less or domoragr which svo,uldnor have been sustained rfntre outauirod riniourann lsadpa4 value focthc eslanir or ir,neresn titbiuied by alms pcniucy 4. Any ctalrn. athmCh arises Out of the tra.'etaenior' senttng or the insured the curare or interest: insured by the policy, by reason ofnilre operatiani of federal bar,krnrptey, snare orso°remncy, on timlar creditors' right lus, that us based Sri 11 the rarnacotor creating tite estate on- iciereot insured by thin policy being deemeda hauduttert conrveya,uco c- frs,udmtlonr cattier, or Iurm Lite transaction creating torecsrsae Or Interest insured by the policy being deeroscd a pocfercirsatl rornrsfre osceps where the preferential tnw'o!rr results Irate the lailure to toutel, record the msuumn.e,tt ol'transfcnr or liii efriusuth tcco'dattomn in reeçan'I ricirice ton patcolrascr for value or ujuudgrnreni or tier. coedac- The abc,i e policy Ion-net way be stand no affcird other Standard Cortetage or Extended Coverage In sdditior to the abruso Exclusions from Coverage, she Emmrrpr:onm from Coverage in a Standard Coverage Policy atilt also incijdonhse fbihmwnongo3ersoral tscrt*'ucirns EXCEPTIONS FROM COVERAGE This prlirs docs net insure against toss or carnage (amid the Comrttrbnly .ill trot pay cotta, attorneys' feet or expenses) which arise by ensooni or I lanes co aturotnmneruis which are nor sh.ou.'- an tooting liens by the records of ausy taxing autiltooty that Ie'.et taxes tie assesarriciu',s cit real piopeery or by the public records Proceraungs lty a public agency which may result in canes on assosonteodo, or minces u( such proceedings atloetiner or r'icu'i ;htnuorn by the 'eceirds yfoach agency or by rho pubic records II A'y facto rights, reterests a' clamor, which are not macours by the public reruds but which teak! be ascwusunuod by so, mspccrrcunr of the land or by making riqtuw'y of persons in poaseanrons thereof 3 Easeriretits, lmrr,s or enncunlim'aruces, or clumrnt Irteoctul. which we not shown bir the p,ublnc records a tsmrcrepa'c n-s ro-Il mrs or bou'sitat' 'ones, shortage isarta, enscroackuounta or any rotten' facts It bucit a correct starer. would dichsuae and atigmn ire not obuowr by the public records 5. la Li,'ersrrd ,runrnu,mg clan's fbi reservations nr exceptions to. paietts or, in Acts aorinv'ivrig rite itssuoxwe thereof, (u) water rights, cimtiit. Or title to water, wircihen or iron the matters excepted wuder (at. (h) uric) are shuonoom by use public tecon'ds N '-4 1rrrrrrrrrj I I II ij iii I II I I I I I I I SCALE IN ma OF AN INCH JLARKSPUR L ADAMS - __,,L..$.. ---h 205 - 27 00 I op 1" - oo N .. > 'L : I SAMIA. as 4"y In NIP \ . I3041 1 4 41434 PAfl? PARS —.--Z' u.ivx PH.o fl 0.98 AC. ' ' PU201 46 1 • ________________ PAR ? PAR I 0,83 — - AGO4AC AC Ac PAR I POR TCT 236 I• - ® I 44f.04 M5A4Lg S . . cr I– U 51 04 0.74 Ac lb < It RlW 13091 )t LIL IQ ILI plo IL In U - TA 42?-t97,??--.---_____.? ST/I 4I6P1O.7 m 04 I MAP0222-TAMARACK CENTER MAP 5476 - MAGNOLIA GLEN I ------_ I -D - -----_J r204 ROS I5I1, 13434, 13727 o Oct 08 03 Ol:SSp Chassen Consulting, Inc. L Lawyers Title c/I 858.592.0019 P.13 4542 Ruffner Street, Suite 200 San Diego, CA 92111 Phone: (800) 735-9779 July 7, 2003 Plancom, Inc. Michelle Klein 6160 Cornerstone Court East San Diego, CA 92121 Cust Reference: SD-742-02 Our File No: 01107959-02 Please find enclosed the following items as they relate to the above title order: i Items #1 and 2 ordered from the County Recorder Plotted easements to follow shortly. If there is anything that you should require, in addition to the items enclosed, please contact the undersigned immediately. Sincerely, Q Title Officer Enclosure(s) AP/ rib Transrmttai Letter (10/02) QUALITY ORIGINAL (S) p. 14 Oct 08 03 01:56p Chassen Consulting, Inc. 858.592.0019 Vif RI= OF WAY -re, lrvi DwLr and .iith f. 1i.rth2h'r =11 i t .t7 for ;-ud in o th O Dflr, rev, !o rtb to the Sn Zi: cz.: cttr. at.. zercrzfte =nza tht Qtzt-c. right czcrtot =rd pivfg rpxL. the t-zrn znz t : t.itr-th. z line ci poles with .r-i thoo. pt.r ç-.zr, m ci} fix1art. Ecr Ust im c co trr -wó, rmh tim riZilt -if it tt.to and cr.r Thlrcm to and =ml a! tt Gofc rt in -bz Cotr o - cY Te We r1 150.'1 reet Of te E5-tr1v Li 7L tLaeEri 2C fee, Tra -. Z6 of Thui Lncs, aT terfeLf o. 11 3 In 'e Sc Of te co:or of cuty of fli ZI •:ttr1v 1 Troc 12±:t1 r:n. -i 5 t t --- -:- corer -c; thcC fr:: r. i I' J f :ic Of th -- d - T- th. rt cc- -tt: nLcrpn I- th rcrr 'L of -ch Pnrr'r1, ti 2 c! - : - ORL Di: LC,--