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Home My WebLink AboutCUP 12-13; SDG&E Steel Pole; Conditional Use Permit (CUP) (2)e CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION I CITY USE ONLY ~::: I "' I Project Number: V],J l2 -Ow ; PROJECT NAME: ~SDG&E Steel ~ole__ -------·------·--·------I ! I l Assessor-s Parcel Number(s): 215-240-44-QQ____________ 1 ! Description of proposal (add -.ntlf necessary); .!!Plio!JlfO_pg~s to reiQI:ale the egu!J)m'!!)tgnc]Q§!!!'~ I I to.JhaY~.eslsidELof.1halennis .. oourts.rollQblyi20~.westoUhe. previous.Jocation . .(see_attacheliplans)_ ; OWNER NAME (Print): West flit 1ft North Congmin,!ums l MAILING ADDRESS: 5651 Palmer Way. Suite A I CITY. STATE, ZIP: I TELEPHONE: Carlsbad CA 92010 I 760-603-9404 ~ EMAIL ADDRESS: I 1 *'Owner's signature indicates permission to conduct a prellmlnal')' ! review for a development proposal. !1 CERTIFY THAT I AM THE LEGAL OWNER AND THAT All THE i ABOV INfORMATION IS TRUE ANO CORRECT TO THE BEST OF . OWLEOGE V /;_; /;d OATE ,-7 APPLICANT NAME (Print); Sprint -1 ~---1 MAil.lNG ADDRESS: ;pO Commerce Suite 250 I --~~~~~~~~.-~---i,l c1w, sTATE. ZIP: lndoe. CA 92602 TELEPHONE: 503·519-8591 EMAIL ADDRESS: theoioo @deprattijoc com I CERTIFY THA·r I AM THE LEGAL REPRESENTATIVE Of THE OWNER AND THAT All THE ABOVE INFORMATION IS TRUE ANO CORRECT TO THE BEST 0!=' MY KNOWlEDGE. --::::::\~-:::: 5 f '2, I 1"2 SIGNATURE DATE APPLICANTS REPRESENTATIVE {Print): ...:Ti~tmu.:..:.H..:::@=:.:.O.:.:;iO~ni.::...:::D::ue:::.P...:.r.=:att~i:..:I:.::DC:::. ________________ _ MAILING ADDRESS: CITY, STATE. ZIP; i TELEPHONE: ; I EMAIL ADDRESS: 1264 Basswood Av.e Carlsbad, CA 920Qa 503-519-8591 thenioo@deorattijnc.com , I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE l i ,t,PPLICA.N"r AND Tf-CAT A.LL THE ~.eOVE !NFORMAT!Ot-! !S TRUE AND j ! CORRECT TO THE BEST OF MY KNOWLEDGE. · I ~ L1·--;t ~~Z<i (t'l I i SiGNATURE DATE I !IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT ANO . 1 ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IM'E CONSENT TO ENTRY FOR THIS PURPOSE. j ! l ! ' ; PROPERTY OWNER SIGNATURE l I FEE REQUIRED/DATE FEE PAID: _:fi'~j.._L(p ... ~~{:J3 _____ ·--·~---··-----·--·----------- LRECEI~ED BY: . §FS. RECEIVfiQ :-. - P-Hi JUN 2 4 2013 CITY OF CARLSBAD PLANNING DIVISION Page 2ot 2 Relllsed 07110 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 I 11111111 ~~II 1111~ i I~ 1~1111111~11~11~ 11111111 Applicant: SPRINT/HENION TIM Description Amount CD130006 682.00 1926 SWALLOW LN CBAD Receipt Number: R0095697 Transaction ID: R0095697 Transaction Date: 06/24/2013 Pay Type Method Description Amount Payment Check 682.00 Transaction Amount: 682.00 .,.,.;-) City of Carlsbad Faraday Center Faraday Cashiering 001 1317501-7 06/24/2013 149 Mon, Jun 24, 2013 04:21 PM Receipt Ref Nbr: R1317501-7/0056 PERMITS -PERMITS Tran Ref Nbr: 131750107 0056 0058 Trans/Rcpt#: R0095697 SET #: CD130006 Amount: Item Subtotal: Item Total: ITEM(S) TOTAL: Check (Chk# 12647400) Total Received: 1 @ $682.00 $682.00 $682.00 $682.00 $682.00 $682.00 COPY************* po-o~ _j(~~.4:; !J~-f3o).OO Ci of APPEAL FORM I(We)appealthedecisionofthe cuq \J...-12/SV'P \~-0~ S"D6,.~¥ <J-~ Pl)l~ .. To the Carlsbad City Council. 1 Date of Decision you are appealing: ---'"'5=+-/....Jr-+-/~J=6.:....LoolJ.c_ ___________ _ I . I Subject of Appeal: BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here. I ---F-a....t'+!-.y,.o.I....-..A.oor.o~-~~~~~-~~.IIF-l~~;;:;.__.-..-.,;lloooii;A..~........,_.~cJ.,J.e ':1-e, '1 v ''\\-1bi o t..o-\ ctN". ~ c ~ '<... a. '>(oo V'{) {)J.;~ ~r:r ~~ ~<(" c\ ~ . Reason(s) for Appea : • Please Note • aiiUre to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy? PfiON~ NO. II J NAME (please P'Z / 5 <"1 cho I 3 l13l6 5v.fa\lob> fA~ ADDRESS: treet Name & Number ~r\ I f DATE City, 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (760) 434-2808 CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 Cashier: (760) 602-2401 Water Utility Billing: (760) 602·2420 REC'D FROM ----==~=..:.___,_/~::~e~"'"/...;;::luu.r=-r~ ______ DATE ~":...._J_q.!....--_...:.....:/3~- ACCOUNT NO. DESCRIPTION 6111-~10-l./t13 /.1 IlfiiJ.d /) tn h..t 1'/ /~-/~ ,-, tJ ~ L_, _/A .JJ..,.:) ~16 NOT VALID UNLESS VALIDATED BY BEN HOLBERT P.O. BOX 808 RANCHO SANTA FE, CA 92067 CASH REGISTER Date ~ /1 };o l ? ' r sa. 2515 16-illl/1220 599 Paytothe G'J, o~' c I b J 0 Orderof+L•i: J r s Q tif I $ /tX51. ~0 (')'44 I t~lf) ~CNa J # f 1 ( J =1 J!l :lo(._ J ~Dollars fO :E: Bank~ America. C ·"'··· .I . .. 41!!!11liiiiil!!!:iiil'= ustomtf' met · · • • • :::~~":~.,. 'itf/11"' • . 9 8 San DiecoCA $58.452.8400 ~~---------------- AMOUNT I CJ.~'l ~ I I I I I I I I i TOTAL I 03 7 I dO J -~ ·'· e Background· For those of you who would like more background on this issue, this background summary has been drafted; it is meant to provide context not to point out blame. On February 3, 2006, the HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." The Board further declared in their Ballot Instruction/Cover letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March 1, 2006." The Board sent out a second letter on March 2, 2006, declaring that the owners had voted in favor of entering into an agreement with Sprint (The Ballot, Ballot Instruction/Cover Letter, and a map showing the proposed location are all attached for your convenience.) Approximately 9 months after the vote, on November 24, 2006, two Board members executed an agreement with Sprint for the installation of the antenna and lease of HOA common area property for the accompanying equipment room. If any notice was given to the owners that the agreement had been executed, we are not aware of such. To our knowledge the agreement was not distributed to the Homeowners, nor was the existence of the executed agreement ever recorded in any HOA minutes. Moreover, the agreement was never recorded with the County Recorder's Office (leaving many new buyers without any knowledge of the Sprint project prior to the City notice). Approximately 6 years after the agreement was executed, in November of 2012, the City of Carlsbad sent the owners a notice of Sprint's Application to build a Wireless Communications Facility on the HOA's common area. The application for the "Conditional Use Permit" was executed by a Sprint representative and our Board President. While the Boards Ballot Instruction/Cover Letter quoted above describes the equipment room location as," ... on the west side of the SDG&E easement (closer to the street)," Sprint's application with the City of Carlsbad indicates that Sprint intends to build an equipment room on the grassy area between our tennis court and the parking spaces located just southeast of the tennis court (this location is also marked on the map provided.) To date, there has not been any explanation as to how the equipment room location changed from the west side of the SDG&E easement to the grassy area southeast of the tennis court came about. Quick Point-Because the "DECLARATION OF COVENANTS, CONDIDONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WEST BLUFF NORTH'' prohibits any business or commercial activity from being operated or maintained on any part of our property, you could not build & operate a hot dog stand next to the tennis court. So ... why would anyone think it's OK for Sprint to build and operate 24/7 a wireless communication equipment room next to the tennis court! March 21, 2013 fr1Mt 1 -j'""""'"J c,,.,_..,~;... -..e~~~ A~~~ ¥ ;:/Y?..U,.,.~.w" ,' ~ #t> 16~,-r- ~ (_7~o )go¥-s-<YL..! In opposition of CUP 12-13/SUP 12-02-SDG&E STEEL n POLE project by West Bluff North, City of Carlsbad residents. In Oaober 2005, Sprint/Nextel approached the West Bluff North HOA with a proposal to put a cellular antenna array and an equipment facility on WBN property via a ffve year lease agreement with options for Sprint/Nextel to renew the agreement every ffve years for a total of thirty years. • Since any contract containing a term of more than one year requires the majority consent of the homeowners, our board sought such consent by ballot in February of 2006. In that ballot, the location of the equipment enclosure was specified. On a finaOOal~ positive note, the Board of Directors has been approadled by Sprint PCS, U£ ~g tllat the Association enter into an agreement to allow them to install an 111tenna (for beuer wireless coverage) on the SDG&E power pole west of building #1. The lllfllllll JIOUid bucc:omp111ied by a240 sq ftequipmalti'OIIDOII dte west side of dte soo.t£ easement (closer to the nt). In return Sprint PCS, LLC has proposed to pay lhe WBN Association $600.00 per month for the r111 five year term of the lease, a total of S7 ,200 per year. in lhe secood term it would increase to $8.280 oer vear and on up to S 12.592 in the fifth term. It will take 5/1/2013 1 From ballot cover letter-"The west side of the SDG&E easement, (closer to the street)", Note that the location has changed ... • In November 2006, the WBN-HOA signed the lease agreement with Sprint/Nextel. • In that agreement, Sprint/Nextel required the WBN-HOA to provide a recordable Memorandum of Agreement. 19. 1\kda--. (a) This A(llecmeal applies to 8Rd binds 1lle heirs. ~ cxecuton, ~ _, assirps of .. s-ties to Otis ~;(b) Ibis~ is~ by die lnl of die"* in wltic:l! die Sile is k:K:I&ed; (c)Oainer.....,. 10 J110.11111111Y ~ 8lld dl1hw 110 TC81Dt ••........, Me11aanlam of~ in die bm of ltdliWI D • ........,; (d) 1bis ~ (ineladiftJ Ole &bibil:s -ll.i4crs) C01181il .. a;e emn .,._ .. timMn cr. pri&lt MCJ supersiMJil • prior wriUea a vctbal .,__,._ ~ JIICIIIIIsea Of" ~ llclwcen the parties.. Arty~ 10 ... ~ Jlllllt .. fn writioa •d ~d by bolb pMies; (e) If uy fliO\'ilioll or dais ~ is ilmllid or- ~·widl·...,a:t·to·ay·,...,, the,.,........ "Oftflis Apee~Mnl·or· !he lpplication of the proviUoo 10 penons CJChc:r ..... !hoM: .. to "fldlom it is be1d ilmllid or-~ will JIOI be aOiec:Dt l8d eacb prorilioJII of this 5/1/2013 2 The WBN-HOA board did so and the MOA was signed in and notarized in November of 2006. lt.ECORDfN(} REQUSSTED BV AND WHEI'i RECORDED. RErtJRN TO: S'I"'IUNTIN'&XTT.L :JJO C'OMMW:RCE., SUJT.It JOO IRVINE.., CA 1tz.e:1 Sik I.D.: SU ... "WXC861·0 "'flu.llk<n~>a••Kium~~(~"")dllll:dV~il..-n __,. ~ ~ 'lhlll • SiteA.,_nt(tt. .. ~·>..,_ '-'2~ A!b 2006 (the -efttective .0...""),. __......, .-nc~ .......S-..., e.rw.eo w.-Bhdf'Nonh I~ ~ton. • c.tif"orrtM nnttu.t bonoefk COI'JIIOIWlklfl~ -.41 Spiltt K"'S A_,._ Ll.C-a t:Jc1Mwwe IUnltlod 1'-bt.lity OOWDJMRY ( .. Spriftti'N~ or "1"0Nint""). ll:.e A.,..._.. P"U'VIdes in put that SpriMIN__.lb-. tiM: flaM to "'*"'J~PU' ~ r.-1..........,. oWIIIC!d b)o <.,__.. _., 1roc...t .. ~··,....... Ntlmi'Mit' 2J.J...O..S2~1.l-01, City n£~ Cc:JrtlfJiy ot S.U. ~.SUM of' c:UWam-.. • ......,... de.Qibed irt the A ........... Cthe '"Site .. ) for .... pwpoMI ol"pe:rtbrm..._ jQy-~ .rid -... end..~ "-tine 1be Silo.....,...... 10 ,._tho Silc llbr ttw ~of inMaU .... opaMinc Mid ............... • ~ facilill)' and ..... ~ n..e st. b. 1\ant.r cte.eribred u. f'-l!JI,Ibit ".....,.._ ..,..._,_ ,,_....,..at"~··'*-...t~undor•MA.......,...._ s~~.,.•~<:.O>~ _,.,.the ...-t of e(JIMiraettun of tiM FMi..,_. (M defined in dw ~)Of".,......,.... (Ia) rntwliiJe, fOol~ ttw ~flilrct.,.._ I)Ue. 'llll!'h~ ftnl oce111n (*1 «'f'm Cotn:n--=nnent U.•'J. ...t b. INbjed IU ' ....W'Wal ........, of ~ ,...,.. -"' ...._ __, t. -~--d ~ T....,... {S~Follawj ---~ ........ -................... __ ~-·-...... ,.,. ............. -.... --·--..- -·~-~~~~----------r--~.L.<-~---------~ -·----- ~~ .. :="~----~-~-~~rlt-c~~--=-~:::!_~:--_:_ ------- ..,._. c-..._~..,-•._.._.__ """"'' __________ ..._ "~;:.-.--. •e-A ~noo Sprint never recorded the MOA • There have been 19 purchases at this site since the agreement was signed in 2006. •None of those buyers had the benefit of a title report indicating this agreement. •If not for the public notices from the City of Carlsbad, most of these owners would not have known about the project and its impact on the enjoyment of the properties. Sprint/Nextel knew they were proposing a new location did record it for seven years. 5/1/2013 3 Sprint has still not recorded this MOA ... Search performed on 0412912013: I ran the chain of title on the common area lot. I of map I 0067.1 do not find a recorded easement agreement for a cell equipment. Thank you Lawyers_Title_WEB_for_email Sheila Hollander Title Officer-Residential-Commercial -National Title Unit 38 and Title Unit 36 Phone No. (858) 650-3918 or (800) 464-8444 E-Fax (619) 209-3300 5898 Copley Drive I 3rd Floor I San Diego, CA 92111 Email Group Email: tu38@ltic.com View of proposed site from resident unit-a 20'x ll'x 7' building would be put here ... 5/1/2013 4 City policy 64- discouraged locations ... 2. Discouraged Lo<:Qtions -WCFs should not locate in any of the followins zones or areas unless the applicant demonstrates no feasible alternative exists as required by Application and Review Guideline 0.2. a. ODt:r' ::.oacr: zor:es a:1d !ots (exceot as noted 'n tociit!tY: 3uide;;ne ALL b Res!denual zones or areas {except ~s. ;'otcd :n tocat1on Gutde!lne A.:). c4 Major po\ver tr<lnsmiSSIOrt to\overs in cor-.. tdor.s located m/or next to a r€¥sident;at zone dr .;;red. d. Environmentally sensitive habitat. o .. htlr riDht..nf-"''"" nf rruui< nnt identified on the Circulation Plan contained in the 3. Visibility to the Public -In all areas, WCFs should locate where least visible to the public and where least disruptive to the appearance of the host property. Furtherrrore, nc WCJ City policy 64-this is a discouraged location ... • Proposed antenna array is in power transmission line view corridor. • Not only is it in a residential area, the SDG&E pole is adjacent to our building and the proposed equipment enclosure is in very close proximity to residential units. • Not only is this proposed equipment in a recreational area, it is the only flat, grassy area in the complex. • This location is on a ridgeline. • As there is no way to 'satisfactorily' locate, screen, hide, or disguise a 20' x 12' x 7' building in the middle of a green open space, there is no way to satisfy City policy 64. • The equipment room location obstructs an ocean view from the recreational area for all SO residents. 5/1/2013 5 This is a discouraged location ... • Sprint/Nextel contends that ... provide the coverage necessary. This site Is a dlscouras:ed site but this type of ~it~ Is discouraged because of Its proximity to residential uses. The landlord to.-this site is both SOG&E and the Home OWner"s Association for the adjacent condominium project. The project was notified and voted by proxy overwheJminctY to lease space to Sprlnt/Nextel for the proposed Prc:'Ject thereby negating the main reason these types of Installations are discouraged. The antennas will be strapped to the exiSting steel tower and the ~dio and • What Sprint/Nextel doesn't say is that this support was for the original SDG&E easement location, not the common area location. "The landlord overwhelmingly voted by proxy to lease space to Sprint/Nextel. ... thereby negating the main reason these types of installations are discouraged." Tim Henion, representing Sprim/Nextel • The homeowners NEVER voted on this project. The project they did vote on was for a different location and it passed with a two vote margin (27) in February 2006. • Fourteen homeowners who owned WBN units in 2006 have now signed a petition opposing this project because the location they agreed to has changed. • Because Sprint never recorded the MOA with the County, eleven people who purchasedWBN property after the 2006 vote have signed the petition. • Both groups do not want an equipment enclosure in the proposed location. • No one has indicated that this location is acceptable. • The majority of WBN owners do not support this project. 5/1/2013 6 We met with the representative from Sprint/Nextel Tim Henion prior to his February 26th, 20 13 response to the City ... • We apprised him of the discrepancy between the ballot and the lease agreement. • We apprised him of the issues arising from Sprint's failure to record the MOA with the County. • We expressed the desire both verbally and in writing on behalf of several residents at the time (now many more) to relocate the equipment enclosure. We have not received a response from Sprint/Nextel indicating a willingness to explore alternate locations. • There is no mention of these issues in Mr. Henion's February 26th response to the City justifying moving forward at this discouraged location. Our submissions include 26 (a majority of the homeowners) signed petitions (copy below) Petition in Opposition of Spmfs Conditional Use Permit To: nt. Cltyo(Cartrbad ~.SWWC.. l'cMnmc ~ ~~~X~I~~~~~~~~~=..USE~N'PUCATlON"foraConcitional The West Bftll' Nonh ~ assodation's "''EE.ARATlON OF COVENAN'TS, CONDITIONS AND RESlRIC110NS AND RESERVATlON OF EASEMENW requires ttm.....,OOI'lti"Xt ~the association for-apeliod of one -,ear or more must be~ by the ITQjority \IOte of its members. Sprint's ~Land Use Re'Yiew Appkation~ ~ to buid its 'WCf equipment room on We5t Blulf North'5 ~ COI'I!f"ed o::ornmon ar&~ jun southean of the AssociMionstennisoourt(thisloationisalsodepictedontheal;t:;oChedmap). Clmrfy, Sprint'sproposedkxiltionisNOTwithinthe.-ealiPfli"O'I"'dbythe ....._~. ;-;,.._iewthe"'':t-!:.,~.=~~~=~thls~=drdlitecturaleffortstogetthebuildi"ltobll!ndwiththeotherbuiklinpwilldonothlng Residential Location-Whereas theas:soc:iittion apprOW!d area is ina power-ioe easement area close to EJ C3mino, the Sprint propose:! location is in a •esidei•tiaL'Ia:~&tioiwl are~. Hence noise~A:heaithcona!I'TBareatlssue. Increased Footprint-The approved footprint is 240 sq ft.: the Sprintpropo:sal calls lor a 287.5 sqftbuting. Horeow.r, because the.l': proposal is loWed in a ~~:~~===)::~~kor~~appannce dosetodor.ltloeb~ Loss of Property Value-becau$e of the rasons st3ted ibcM! and thelmownstipna that ~an equipment: home in dose proximity to a residential area, the ~-~t:!V:~~~tissupportedbythebctdm.many emteprofession*W3mthatnotctisdcJsqthe~aWCfcould 5/1/2013 7 8 SITE AGREEMENT Site Na111e: SDG&E Tower This Site Agreement ("Agreement") is entered into as of by Sprint PCS Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextel" or "Tenant") and West BlutfNorth Homeowners Association, a California mutnal benefit corporation ("'wner"). Owner aclcnowledges receiving One Dollar ($1.00) and other sufficient consideration for entering into this Agreement 1. Premises and Use. Subject to the provisions of Section 2 below regarding the Due Diligence Period, Owner leases to Sprint/Nextel the site described below, which site consists of a portion of the property described on Exbibit A ("Owner's Property) (Chd 1111 fiiiPI'OPritlte hul}: 181 Land consisting of approximately 240 square feet for construction or. 181 shelters and/or base slation equipment and 0 antenna support structure; 0 Building interior space consisting of approximately square feet for placement of shelters and/or base station equipment; 0 Building exterior space consisting of approximately __ square feet for placement of shelters and/or base station equipment; 0 Building exterior SJ*C for attachment of antennas; 0 Tower SJ*C between the _ foot and _ foot level on the tower for attachment of antennas; generally in the looation(s) shown on Exhil}lfB attached, as well as riser, conduit and other space required fur cable runs to connect its equipment and antennas, and together with all necessary non-exclusive easements for vehicular and pedestrian access thereto, for placement of an underground grounding system, and for access to the appropriate source of ele<:tric, telephone and other utilities, in the discretion of Sprint/Nextel (the "Site"). The Site may be used by Sprint/Nextel (and/or any of its affiliated entities) for the purpose of installing, removing, replacing. modit.Ying, maintaining and operating, at its expense, communications service facilities, including, without limitation, antennas and microwave dishes, air conditioned equipment shelters and/or base station equipment, cable, wiring, power sources (including generators and fuel storage tanks), related equipment and structures and, if applicable to the Site, an antenna support structure (the "Facilities"). All of the Facilities will remain Sprint/Nextel's personal property and are not fixtures: Any'visual or textual representation &f the Fmtities on E:lllibit B is illustrative only, and does not limit the rights of Sprint/Nextel as provided for in this Agreement Sprint/Nextel will use the Site in a manner which will not unreasonably disturb the occupancy of Owner's other tenants, if any. Sprint/Nextel wl.U have um:estricled. access to the Site and the Facilities 24 hours per day, 7 days per week. 2. Term. This Agreement becomes effective on the date that both Owner and Sprint/Nextel have executed this A8£CC~DeDt ("Effective Date"). Tenant's lease term shalt C6DIIIIeRce, if at all, at the mil of the Due Diligence Peried on the Term Commencement Date. The term of Tenant's lease and tenancy, if any, (the "Term") is 5 years. commencing on the "Term Commencement Date" which is defmed as the earlier to occur of: (a) the date that SprintJNextel«mmences oonstruction of the Facilities; or (b) 18 months after the Eftective Date. The Term will be automatically renewed fbr 5 additional terms of 5 years each (each a "Renewal Term"), unless Tenant provides Owner witb notice of its intention not to renew prior to the expiration of the initial Term or any Renewal Term. The Due Diligence Period is defined as the time between the Effective ~ and the Term Commencement Date. During the Due Diligen<:e Period, SprintiNextel will be permitted to enter Owner's Property to perform surveys, ingpections, investigations and tests, including. without limitation, signal, topographical, geotechnical, structural and environmental tests, in SprintiNextel's diSa"etion to determine the physical condition, suitability and feasibility of the Site. If Sprint/Nextel detennines, in its discretion, that the Site is not appropriate for SprintiNelCtel' s intended use {or if Sprint/Ncxtel otherwise decides, for any reason or no reason, not to commence the lease Term). then Sprint/Nextet may terminate this Agreement upon notice to Owner at any time prior to the end of the Due Diligence Period. Owner acknowledges that, prior to the Term Commencement Date, Sprint!Nextel has limited access to, but 110 ownership or control of, any portion of Owner's property and that Sprint/Nextel's acx:ess during the Due Diligence Period shall not cause Sprint/Nextel to be considered an owner or operator of Owner's Property or the Site for purposes of environmental laws or otherwise. 3. Rent. Starting on the date that is 30 days after the Term Commencement Date and on the first day of every month thereafter, Tenant will pay rent in advance in equal monthly installments of $1,000.00. Rent for any partial months will be prorated based upon a 30-day month. The rent due hereunder will be increased on each anniversary of the Term Commencement Date to an amount equal to the BIIIOUnt of the monthly installment of rent payable during Rev. 01131/2006 the previous year, increased by three percent (3%). Notwithstanding anything contained in this Section. Tenant's obligation to pay rent is contingent upon Tenant's receipt of an IRS approved W-9 fonn setting forth the tax identification nwnber of Owner or of the person or entity to whom rent checks are to be made payable as directed in writing by Owner. Rent will be sent to the address shown underneath Owner's signature. 4. ntte and Quiet Possession. Owner represents and warrants to Tenant and further agrees that: (a) it is the homeowners • association legally authorized to represent the record owners of the West BlutfNorth condominium units; (b) it has rights of pedestrian and vehicular access ftom the nearest public roadway to the Site, which Tenant is permitted to usc; (c) it has the right to enter into this Agreement; (d) the person signing this Agreement has the authority to sign; (e) Tenant is entitled to access the Site at all times and to quiet possession of the Site throughout the initial Term and each Renewal Term, so long as Tenant is not in defimlt beyond the expiration of any notice or cure period; and (t) Owner will not have unsupervised access to the Site or to the Facilities. 5. Assignment/Subletting. Tenant will not assign or transfer this Agreement or sublet all or any portion of the Site without the prior written consent of Owner, which consent will not be unreasonably withheld, conditkmed or delayed; provided, however, that Tenant will have the right, without notice to or consent of Owner, to sublease the Site or assign its rights under this Agreement in whole or in part to: (a) any entity controlling. controlled by or under common control with Tenant; (b) any entity &:quiring substantially all oftl:re assets of Tenant; or (c) any entity that is authorized by Tenant to seD telecommunications products or services under the "Sprint/Nextel" or "Sprint/Nextel PCS" brand name or any successor brand name(s) ("Contract AftUiate"). 6. Netkes. All nCitiees must be in writing and are effeetivc only when deposited in lhe U.S. mail, certified mail, return receipt Rquested and postage prepaid or when sent via overnight delivery service. Notices to Tenant are to be sent to: Sprint/Nextel Property Services, Mailstop KSOPHTOI01-Z2650, 4391 Sprint Parkway, Overland Park, Kansas 662Sl-26SO, with a mandatory copy to: SprintiNextel Law Department. Mailstop KSOPHT0101-Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020, Attn.: Real Estate Attorney. Notices to Owner must be sent to the address shown underneath Owner's signature. 7. Improvements. Tenant may, a1 its expense, make improvements on and to lhe Site as it deems necessary or desirable trom time to time for the operation of the Facilities. Once the Facilities are installed, Tenant will not make any material alterations to the Facilities without obtaining the prior written approval of Owner, which approval will not be unreasonably withheld, conditioned or delayed. If Owner does not respond in writing to Tenant within 10 days following Tenant's Rqucst for approval, the request will be deemed to have been approved by Owner. Owner agrees to cooperate with Tenant with respect to obtaining any Rquired zoning or other governmental approvals for the Site, the Facilities and contemplated usc thereof Upon termination or expiration of this Agreement, Tenant will remove the above- ground Facilities, and will remove any foundation down to one foot below grade level. 8. Compliance witla Laws. Owner represents and warrants to Tenant that Owner's Property (including the Site) and all improvements located thereon, are in substantial compliance with building. life/safety, disability and other laws, codes and regulations of applicable governmental authorities. Tenant will substantially comply with all applicable laws relating to iiS possession and use of the Site. 9. Interference. Tenant will resolve technical interference problems that the Facilities might cause with (i) other equipment located at the Site on the Effective Date, or (ii) when Tenant desires to add additional Facilities to the Site, any equipment that became attached to the Site between the EftCctive Date and such future date. Ukewise, Owner will not permit or suffer the installation of any equipment on Owner's Property after the Effective Date that: (a) results in technical interterence problems with the Facilities, or (b) encroaches onto the Site. 10. Utilities. Tenant will pay for all utilities used by it at the Site. Owner grants to Tenant and the local utility companies (as appropriate) any easement(s) reasonably Rquired by Tenant or the utility companies in order to Owner lnitials: ____!ka_ '{V() Tenant Initials: -fL-JL- Site Name: SOO&E Tower provide utility service required by Tenant for its intended use of the Site tbrou,gbout tbe initial Term aDd eacb Renewal Term, and Owner wiJJ Cl!:ecute, at no cost to Tenant or the utility companies, any instrument(s) reasonably necessary to evidence such rights. If there is a loss of electrical service at the Site, Tenant may, at its expense. install and maintain a temporary generator and fuel storage tank: at the Site or on Owner's Property adjacent to the Site. 11. Terminlllioll. Notwitbstanding any provision contained in this Agreement to the contrary, Tenant may, in TenaDt's sole and absolute discretioil and at any time and for any or no reason, and upon sixty (60) days prior wril1lln notice to Owner, terminate this Agreement without further liability by delivering prior written notice to Owner. 12. Default. Jf either party is in default under this Agreement for a period of 30 days tbllowing receipt of written notice from the non-defuulting party, the non-defaulting p8l1:y may pursue any remedies available to it apinst the defaulting party at law aDd in equity, including. but not limited to, the right to terminate Ibis Agreement If a non-monelaly default cannot reasonably be cured within a 30-day period, this Agreement may not be terminated if the defaulting party commences action to eure the default within the 30-day period aDd proceeds with due diligence to fully cure the default 13. lademalty. Except with respect to Hazardous Substances, which are defined and provided for in Section 14 below, Owner and Tenant each indemnifies and agrees to defend the other zv¢nst and holds the other harmless ftom any and all costs (including reasonable attorneys' fees), damages, claims of liability aDd losses (collectively, "Claims") which arise out of the negligence or intentional misconduct of the indemni(ying party, its agents or contractors. This indemnity is subjeet to the waiver of recovery in Section 17 below, and does not apply to any claims arising from the negligerwe or intentional misconduct of the indemnified party, its agents or contractors. The indemnity obligations under this Seetioo will survive termination of this Agreement 14. Hazardous Subltaaces. Owner represents and warrants to TenaDt that it has no knowledge of any substanw, chemk:al or waste on or affecting Owner's Property that is identified as hazardous, toxic or dangerous in any applklable federal, state or local law or regulation (collectively, KHazardous Substancej. Notwitbstaod"mg any provision contained in this Agreement to the contrary, Owner will have sole responsibility for the identification, investigation, monitoring md mnediatioo and cleanup of any Hazardous Substance cliscovered on Owner's Propaty, and Owner agrees to indemnifY, defend· and· bold-bannless Tenanr ftom any and· an Ctirims re1'aling to any Hazardous Substance present on or affecting Owner's Property prior to or on the Term Commencement Date. Wlless the presence or release of the Hazardous Substance is caused by the activities of Tenant. Tenant will not introduoe·or ... 11RY. Hazaroou9 Substance on the ·Site itt· violation -of· any applicable law, and Tenant WJ'tl indemnify, defend and hold harmless Owner from and against all Claims arising out of Tenant's breacll of this serm:nce. Owner will not introduce or use any Hazardous Substance on Owner's Propelty-m ~.of any. applicable taw. and-oWner will-indemRify, dcbld- and hold hannless Tenant ftom and against all Claims arising out of Owner's breach of this sentence. The provisions of this Section will apply as of the Effective Date. The indemnity obligations under this Section will survive termination oftbis Agreement 15. Subordluatioo aad Nou-Disturbaaee. This Agreement is subordinate to any morlpge or deed of trust of record against the Site as of the Effuctive Date. Promptly after this Agreement is fully executed, however, Owner will obtaia~~m.a-mnn-Rl&SOnabJy.~-toT.enaot from the holder of any mortgage or deed of trust. Ui. Property Taxes. Tenant will pay Owner any increase in Owner's real property taxes that is directly and solely attributable to improvements to the SitemadebyTenant; Ownetmustpaypriortodel~,d-~taxes and assessments attributable to Owner's Property. Within 60 days after receipt of evidence of Owner's payment and a compt=d Tax Increase Worksheet in the form of Exhibit C atlllcbed, Tenant will pay to Owner any iDcrease iu. Ow.ner's lUI propeny. taxes which-Owner-dcmoosltates; to Tenant's satisfaction, is directly and solely attributable to any improvements to the Site rnade by Tenant. 17. lnsuraoee. During the initial Term and all Renewal Terms, each party will-procute.aad maianUr1 OOIJIJI'l«Cia).generalliability insucance. with limBs of not 1esa than $1,000,000 combined single limit per occurrence. aDd $2,000,000 aggregate, and will make th~ other party aD additional .insured on such policy. Within 30 days after receipt of a written request from the other parly. each party will provjde the requesting party with a Certificate of Insu11111CC cvidcncing the required coverage. Altel'lllltively, each party will have the option of providing the requesting party with evidence of such coverage electronically, by providing the requesting party with a Uniform Rev. Oll3lfl006 Site ID II:SD34XC86lD Resource Locator ("URL ") link to access such party's Memonmdmn of lnsuraDce website. Each party will cause eacb insurance policy obtained by it to provide that the insurance company waives all rights of recowry by subrogation against the other party in connection with any damage covered by the policy. Each party waives its right of recovery against the other for any loss or damage covered by any property insurance policies maintained by the waiving party. 18. Maintenance. Tenant will be responsible for repairing and mainteining the Facilities aDd any other improvements installed by Tenant at the Site in a proper operating and reasonably safe condition; provided, however, if any repair or maintenance is required due to the acts or omissions of Owner, its agents, contractors or employees, Owner will promptly reimburse Tenant for the reasonable costs incurred by Tenant to restore the damaged areas to the condition which existed immediately prior thereto. Owner will maintain and repair a1f oOier porliOos of OWners P'toperty in a proper operatiilg aDd- reasonably S8fe condition. 19. Mlseellaneoas. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; {b) this Agreement is governed by the Jaws of the state in which the Site is located; (c)Owner agrees to promptly eucute and deliver to Tenant a recordable Memorandum of Agreement in the form of Exhibit D, attached; (d) this Agreement (including the Exhibits and Riders) constitutes 11ie entire agreement tietWeen tlie parties and" supersedes a1J prior written and- verbal agreements, representations, promises or undentandings between the parties. Any amendments to this Agreement must be in writing and executed by both parties; (e) if any provision of this Agreement is invalid or uneofun:eabln~ith·respeet to· any-party; the remainda"-oftltis Apeanmt or- the application of the provision to persons other than those as to whom it is held invalid or unenfurceable, will not be af&cted and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; ancl (f)-the prevailing pa1ty ift. a&y· aGGon·· or ~ ia-OCMt-« mutually &gleed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attomeys' fi:es and other reasonable enforcement costs and~ from the non-prevailing party. :zo;-N9ft.Biedi&g-UJdil·fulty-Euaded. · This· AgRement· is fur disolssioo · purposes only and does not constitu1e a formal offer by either party. This Agreement is not and will not be binding on either party until and unless it is fully executed by bo1h parties. 1ll.e fo1towing Exbibh!i and"Ridt:rs are att3cbedto 1111d made a part oftliis Agreement: Exhibits A, B, C, and D. OWNER: West BildfNort/1 HOIIII!OWnen Asaocltlthm a California mutual benejh(i:r: By: -~ Name: Nancy Scbulh Title: Treaswer Date: \\ ,cl{. e(p By:~ Name: . Lewis Tide: Secretary ,. / {I? Date; , liJ!?~ Taxpayer ID: 95·3 4. Address: C/0 Bruner & Rosi Mllllagement, Inc. 5651 Palmer Way, Suite A Carlsbad, CA 92010 Contact Phone Number: (760) 603-9404 Ext. II 5 Sire Name: SDG&E Towet Site ID #:SD34XC861D EXHIBIT A TO SITE AGREEMENT Legal Description of Owner's Property The Owner~s Property is located at Assessor~s Parcel No. 215-052;.13~1. situated in the City of CarlSbad~ County of san Diego, State of California, commonly described as foJlows: Insert Legatptserinti()n: ALL THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 79-28, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF NO. 10067, Fll..ED lN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON-APRIL 2(), 1981, SHOWN AND DEFINED AS "COMMON AREA" ON THE CONDOMINIUM PLAN RECORDED MARCH 4, 1982 AS INSTRUMENT/FILE NO. 82-059867, OF OFFICIAL RECORDS OF SAID COUNTY. RESERVING TIIEREFROM EASEMENTS, AS SUCH EASEMENTS ARE SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED MARCH 4, 1982 AS INSTRUMENT/FILE NO. 82-059867 OF OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR HEREAFTER RECORDED AMENDMENTS THERETO. EXCEPT THEREFROM ALL THOSE UNITS SHOWN AND DEFINED AS UNIT NO(S). 1 THROUGH 50, INCLUSIVE, AS SHOWN ON SAID CONDOMINIUM PLAN. ALSO EXCEPT THEREFROM, ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LOT WHICH UNDERLIE A PLANE PARALLEL TOAND-5~·FEETBEL-GW THE PRESENT SURFACE OF SAID LOT FOR THE PURPOSE OF THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID LOT BY MEANS OF MINES, WELLS, DERRICKS OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LOT, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER, AS SET THEREOF ABOVE, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND SOO FEET BELOW THE PRESENT SURFACE OF SAID LOT FOR ANY PURPOSE WHATSOEVER. Assessor's Parcel No.: 215-052-13-01 Rev. 0113112006 Owner Initials:~ WI) Tenant Initials: -v-r Site Name: SDG&E Tower Sire ID #:S034XC861 D EXBIBIT·B TO SITE AGREEMENT Site Plan The Site is described as follows: Insert Site Plan: Please see attached. Note: Owner and Tenant may, at Tenant's option, replace this Exht'bit with an exhibit setting forth the legal description of the Site, or an as-built drawing depicting the Site. Any vistlal or textual representation of the Facilities is illustrative only, and does not limit the rigbts·ofSprintiNextehs·provided·forin-dle:Agreement. Without limiting the gene~ality oftbe foregoing:· 1. The Site may be setback from the boundaries of Owner's Property as required by the applicable govenunental authorities. 2. The access road's width may be modified as required by governmental authorities, including police and fire departments. 3. Without limiting Tcmmt'srigbt10make future changes, Tenant intends to initially i:nstaH upto·twelve-(12) mrtennas, fifteen (15) coaxial cables and three (3) OPS signal units and connections (the type, number, mounting positions and locations of which are illustrative only; actual types, numbers, mounting positions and locations may vary from what is shown or described above). 4. The locations of any access and utiJity easements are illustrative only. ActuaJ Jocations may be deter.mined by Tenant and/or the servicing utility company in compliance with local laws and regulations. Rev. 01/3112006 Ownerlnitials: ~ rro Tenant Initials:~ \ \ \ \ ' \ ', \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Site Name: SOO&E Tower Site ID #:SD34XC86lD EXHIBITC TO SITE AGREEMENT Tax Increase Worksheet When Owner's real property tax is increased due directly and solely to improvements to the Site made by Tenant, this Worksheet must be completed and returned to Tenant together with a statement requesting reimbursement of the assessment and all necessary tax bills to: Sprint/Nextel Property Services, Mailstop KSOPHfO I 0 1-Z2650, 6391 Sprint Parkway, OverhmdPark, Kansas 66251-2650, Attention: Property Services. Owner must validate tbat the assessment is directly and solely attributable to improvements to the Site made by Tenant. Site ID #: SD34XC861D Site Address/Description: 1926 Swallow Lane, Carlsbad, CA92009- Tax Jurisdiction Name (Countyffown): .....:San::;.:=::..:Di~·~eg!2.:o::::C=:· o:::un=ty'------------------ TaxJurisdiction Parcel#: 215-052-13-01 State: California Assessor must provide an explanation of any increase in Owner's property value. This includes a breakdown of what portion of value is directly and solely attributable to Tenant's equipment on the Site. Year Increase Occurred: Market Value Prior to SprintJNextel: Market Value After Sprint/Nextel: Portion of Market Value Due to Sprint/Nextel: Assessedffaxable Value Prior to Sprint/Nextel: Assessed!faxable Value After Sprillt/Nextel: Portion of Assessed!fax.able Value Due to Sprint/Nextel: Property Owner must attach copies of all tax bills/statements and receipts beginning with the year prior to the year the increase occU11'ed due to Tenant's improvements. Rev. Ol/31fl006 Owner Initials:~ Yl{) Tenant lnitials: ~ Site Name: SDG&E Tower Site ID #:SD34XC861D EXHIBITD TO SITE AGREEMENT Memorandum of Agreement This Memorandum of Agreement ("Memorandum") dated 20 _,evidences that a Site Agreement (the "Agreement") dated 20_ (the "Effective Date"), was made and entered into between West Bluff North Homeowners Association, a california mutual benefit corporation ("Owner'') and Sprint PCS Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextei" or "Terianf'). The Agreement provides in part that Sprint/Nextel has the right to enter upon certain real property owned by Owner and located at Assessor's Parcel No. 215-052-13-01, City of Carlsbad, Counl.yofSanDiegO,StateofCalitbmia, as further descnbed in the Agreement (the "Site") for the purpose of perfonning investigations and tests and, upon finding the Site appropriate, to lease the Site fur the purpose 'Of instaJiing, operating and maintaining a communications facility and other improvements. The Site is further described in Exhibit A attached hereto. The term of Sprint/Nextel's lease and tenancy under the Agreement is 5 years commencing thirty (30) days after the start of construction of the Facilities (as defined in the Agreement) or eighteen (18) months following the Effective Date, whichever fli'St occurs ("Term Commencement Date"), and is subject to 5 renewal terms of 5 years each that may be exercised by Tenant. The parties have executed this Memorandum as of the day and year first above written. OWNER West Bluff North Homeowners Association a California mutual benefit corporation By: Name: Nancy Sclm$ Title: Treasurer By: Name: Jeanette Lewis, _________________ _ Title: Secretary: _____________ _ Address: C/0 Bruner & Rosi Management, Inc. 5651 Palmer Way, Suite A Carlsbad, CA 92010 Email Address:-------------------------- Contact Phone Number: (760) 603-9404 Attach Exhibit A ~ Site Description Rev. 0113112006 SPRINTINEXTEL Sprint PCS Assets, L.L.C. a Delaware limited liability company By: Title: A~s: ----------------------------------- SprintJNextel Property Services Hotline: 800-357-7641 Owner Initials: -W-Y\'1) Tenant Initials: -=-r Site Name: SDG&E Tower OWNER NOTARY BLOCK: STATE OF CALIFORNIA COUNTY {)F SAN DIEGO Site ID #: SD34XC861D The foregoing instrument was (ch008e one) Oattested or Oaclmowledged before me this day of -------~ 20__, by (choose one) 0 as an individual, 0 ------------'as of , a ~---------corporation, on behalf oftbe corporation, or 0..-------------'partner or agent on behalf of _________ __, a partnership. (AFFIX NOTARIAL SEAL) My commission expires: STATE OF CALIFORNIA COUNTY OF SAN DIEGO (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: The foregoing instrument was (choose one) Oattested or Oacknowledged before me this-----~~-day of ---------.7 20__, by (choose one) 0 as an individual, 0 __________ __,as of~ _________ __,a --=----------corporation, on behalf oftbe corporation, or 0 partner or agent on behalf of a partnership. (AFFIX NOTARIAL SEAL) My commission expires: (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC STATE OF (PRINTED. TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: Site Name: SDG&E Tower SPRINTINEXTEL NOTARY BLOCK: STATE OF CALIFORNIA COUNTY OF __________ _ Site ID #: SD34XC861D The foregoing instrument was (choose one) Oattested or Oacknowledged before me this day of _______ _, 20__, by (choose one) 0 as an individual, 0 -----------------_Jas of~·--------------------~a -=-------------corporation, on behalf of the corporation, or 0 partner or agent on behalf of ____________ __J a partnership. (AFFIX NOTARIAL SEAL) My commission expires: (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: SPRINTINEXTEL 310 COMMERCE, SUITE 100 IRVINE, CA 92602 Site I.D.: SD34XC861-D APN: 215-052-13~01 SPACE ABOVE THIS LINE FOR RECORDERS' USE Memorandum of Agreement This Memorandum of Agreement ("Memorandum'£ dated \J~ ct/6 , 20ab evidences that a Site Agreement (the "Agreement") dated M~ ].,~ , 2006 (the "Effective Date"), was made and entered into between West Bluff North Homeowners Association, a California mutual benefit corporation eOwner") and Sprint PCS Assets, LLC, a Delaware limited liability company ("Sprint/Nextel'' or ''Tenant"). The Agreement provides in part that Sprint/Nextel has the right to enter upon certain real property owned by Owner and located at Assessor's Parcel Number 215-052-13-01, City ofCarlsbad, County of San Diego, State of California, as further described in the Agreement (the "Site") for the purpose of performing investigations and tests and, upon finding the Site appropriate, to lease the Site for the purpose of installing, operating and maintaining a communications facility and other improvements. The Site is further described in Exhibit A attached hereto. The term of Sprint/NextePs lease and tenancy under the Agreement is 5 years commencing thirty (30) days after the start of construction of the Facilities (as defined in the Agreement) or eighteen (18) months following the Effective Date, whichever fl.lSt occurs ("Term Commencement Datej, and is subject to 5 renewal terms of 5 years each that may be exercised by Tenant [Signatures Follow] 1 The parties have executed this Memorandum as of the day and year first above written. OWNER West BluffNorth Homeowners Association, a California mutual benefit corporation Name: Nancy Schuth Title: Treasurer /)_ , By:U~~ N~eanette Lewis Title: Secretary Address: C/0 Bruner & Rosi Management, Inc. 5651 Palmer Way, Suite A Carlsbad, CA 92010 Contact Phone Number: (760) 603-9404 2 SPRINTINEXTEL Sprint PCS Assets, L.L.C., a Delaware limited liability company By.0~e= N~e:~~ Title: f1A.,J~t~~ • Sprint Contracts & Performance Hotline: (800) 357-7641 EXHIBIT A TO MEMORANDUM OF AGREEMENT The Sire is located on a parcel situated in the City of Carlsbad, County of San Diego, State of California, commonly described as Assessor,s Parcel No. 215-052-13-01, and is more particularly described as follows: ALL THAT PORTION OF WT 1 OF CARLSBAD TRACT NO. 79-28, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFO~ AS SHOWN ON A MAP THEREOF NO. 10067, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON APRIL 20, 1981, SHOWN AND DEFINED AS "COMMON AREA" ON THE CONDOMINIUM PLAN RECORDED MARCH 4, 1982 AS INSTRUMENT/FILE NO. 82-059867, OF OFFICIAL RECORDS OF SAID COUNTY. RESERVING THEREFROM EASEMENTS, AS SUCH EASEMENTS ARE SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED MARCH 4, 1982 AS INSTRUMENT/FILE NO. 82-059867 OF OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR HEREAFTER RECORDED AMENDMENTS THERETO. EXCEPT THEREFROM ALL TIIOSE UNITS SHOWN AND DEFINED AS UNIT NO(S). 1 THROUGH SO, INCLUSIVE, AS SHOWN ON SAID CONDOMINIUM PLAN. ALSO EXCEPT TIIEREFROM, ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LOT WinCH UNDERLIE A PLANE PARALLEL TO AND 550 FEET BELOW THE PRESENT SURFACE OF SAID LOT FOR THE PURPOSE OF THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID LOT BY MEANS OF MINES, WELLS, DERRICKS OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LOT, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER, AS SET THEREOF ABOVE, SHALL HA VB NO RIGHT TO ENTER UPON THE SURFACE OF ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LOT FOR ANY PURPOSE WHATSOEVER. Assessor's Parcel No.: 215-052-13-01 3 OWNER NOTARY BLOCK: STATE OF CALIFORNIA } } ss. COUNTY OF SAN DffiGO } On ll-'2-4' . 2006 before me, J tD..vU J\.,t ?obu-.S.trh [notary public], personally appeared. -kiA...!r!.t.~.e. \..u,\J i.s. personally known to me (or proved tome on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his authorized capacity and that by hisJher signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrwnent WITNESS my hand and official seal. Signature Go~T~ \ My Commission Expires: -;. ,... l (o -'Z () t '0 STATE OF CALIFORNIA } } ss. COUNTY OF SAN DIEGO } This area for official notarial seal ~ \ l -Z + 2006 before me, J" u¥\J 1M. \?ob« ~ [notary public], personally appeared, !UI\t»;S<.bv....+k. personally known to me (or proved to me on the basis of satisfactory evidence) to be the perso hose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in hi$/her authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. s;~ My Commission Expires: --~.:;;...._\ {o;:._-_?.-=-0_\_0;:.._ __ 4 This area for official notarial seal SPRINT NOTARY BLOCK: STATE OF CALIFORNIA } } ss. COUNTY OF SAN DIEGO } On ~V-t-M~Q~ 2006 before me, f(lAAiL<./ L,... Fox d . [notary public} personally appeared, ''t)i;;;f tJ,;;; · Q...:V\.0'\ personally known to me (or proved to me on the basis of satisfactory evidence) to be the personOO whose nameOO isla~~~t subscribed to the within instrument and acknowledged to me that he/shelfhey executed the same in hislherl*eir authorized capacity~) and that hisAHJW4Reir signature(,() on the instrument the person(l) or the entity upon behalf of which the p~ acted, executed the instrument. WITNESS my hand and official seal. My Commission Expires: q /1..Le / ZD lO 5 This area for official notarial seal ~ e::~ ......-E3.. L ....._. F F ............. c::::::> ~ -..-1---w February 3, 2006 Dear West BluffNorth Homeowners: Best wishes to all of you for a healthy, happy and prosperous year in 2006. The Association has received many positive comments regarding the wood damage repairs to buildings l, 2, and 3 along with the new paint colors. We look forward to completing buildings: 4 and 5 after dte rainy season, In December and January the Board reviewed the costs of the wood repairs and paint for the first three buildings. Unfortunately, after 20 years of wear and tear, the cost of the wood repairs has been much more expensive than initially anticipated and yet it made no sense to paint a building in need of repair. Please see the attached schedule for a complete breakdown of the expenses to date and the projections for completion of the project The $7,500.00 Special Assessment that was approved in 2004 included estimated costs for the replumb, stucco repairs and painting of all five buildings. The additional expense of repair for wood railings was significantly more expensive than expected. The total cost for completing the total replumbing, wood repairs and painting project turns out to be $452,799.35, this leaves the Association with a shortfall of $77,799.00 from the initial assessment. The board sees no alternative to seeking approval for an additional $1.700.00 Special Assessment to cover the additional costs plus unforeseen costs in 2006 to be paid in four {4) installments. In order to proceed as quickly as possible, please review the attached ballot and return it before March 1, 2006 •. On a financially positive note, the Board of Directors has been approached by Sprint PCS, LLC requesting that the Association enter into an agreement to allow them to install an antenna {for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street). In return Sprint PCS, LLC has proposed to pay the WBN Association $600.00 per month for the first five year term of the lease, a total of $7,200 per year. In the second term it would increase to $8,280 per y~ and on up to $12,592 in the fifth term. It will take approximately ten to twelve months before the installation can be completed. In order for the Association to take advantage of this proposal the Board of Directors must enter into a five year contract that includes four five--year renewal terms. Approval of the contract requires the vote of the majority {26) of West Bluff North homeowners. The board can find no reason not to proceed with this revenue·generating project and urges you to vote yes on the enclosed ballot and return it by March l, 2006. If you have questions, please attend a special meeting scheduled for February 201h at 6:30 in the offices of Bruner and Rosi or send your questions in writing to management at 5651 Palmer Way. Suite A, Carlsbad 92m 0. The second quarter April 1Oth Board Meeting will still be held starting at 6~30 p.m. at the offices of Bruner & Rosi Management at the address listed below. Sincerely, West Bluff North Board of Directors • (760.) 603-9404 • Fax (760) 603-9404 • email: audreY®erunerRosimgtcom • Bruner & Rosi Management, Inc. 5651 Palmer Way, Suite A Carlsbad, CA 92010-9404 May 1, 2013 City of Carlsbad Planning Commission 1635 Faraday Avenue Carlsbad, CA 92008 To: Carlsbad Planning Commission Re: Opposition of the Sprint's Proposed Wireless Equipment Room Location Project Name: CUP 12-13/SUP 12-02-SDG&E Steel Pole WCF Dear Planning Commissioners: Enclosed you will find 26 signed petitions by individual homeowners within the West BluffNorth Condominium Community. The homeowners have signed to oppose Sprint's proposal to build an equipment building on the southeast side of our tennis court within our grassy common area. This site was not approved by the homeowners. We, the homeowners, hereby petition Sprint and the Board to seek a new site location for the equipment room. Regards, Concerned Homeowners of West Bluff North ' . Petitions signed by WBN Homeowners Petitions Unit# Owner 1 1912 Edic, Don & Leona 2 1914 Richardson, Margaret 3 1916 Edic, Don & Leona 4 1918 McCollum, Elizabeth 5 1920 Hill, Taylor & Maureen 6 1922 Uecker, Suzanne 7 1924 Malubay, Elizabeth 8 1926 Allen, Helene 9 1928 Leach, Curtis & Kristi 10 1936 Whitmore, Mark & Maureen 11 1938 Holbert, Ben 12 1940 Salmi, Ella 13 1942 Lauber, Larry 14 1947 Smith, Joseph & Amy 15 1950 Salbato, Garrett & Tracy 16 1951 Reid, Daniel 17 1952 Parman, Michele 18 1954 Sopczyk, Stanley 19 1960 Thompson, L.P. 20 1962 Winfield, Nicole 21 1964 J & E Inc. (owns 1964 & 1967) 22 1965 Next Step --Knowles 23 1966 Clark, Deanne M. 24 1967 J & E Inc. (owns 1964 & 1967) 25 1969 Bahramizadeh, Firoz 26 1970 Fagan, Eric 50 HO's (26 signed petitions) = Majority March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location ··------···--- To: The West Bluff North Board & Sprint/Nexte/ Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." .:dl,_c And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast ofthe Association's tennis court, clearly NOT within ifie area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others- we are all neighbors! West Bluff North Homeowner -Address: CA March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nexte/ Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street}." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! ~ Print Name{s): M l'lr P-C~ \'I-fl-. If: [ f.> -01-( e_ (--I I'+ (.!.. 0 9 t!J 1J T Signature(s): ___;~:=:;..._--_~"-----~.......__--"·'---~-· --'~;..___ ___________ _ West Bluff North Homeowner-Address: March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building _ #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street).11 And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006.11 And Whereas, Sprint's "Land Use Review Application11 now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast ofthe Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! ~ Print Name(s): Dc>,J4 L.}) ~/)/ C--,/ Lt::-/:J/1/# L::'-~/C- ~ Signature(s): ~~~~~~~~~&~~~~~-~~~~~~~~~-~~~~~~~~~~~ West Bluff North Homeowner-Address: l 'l! b el March 21, 2013 I Petiti n in Opposition to Sprint's! Proposed I W reless Equipment Room Location To: The Wes Bluff North Board & Sprint/Nexte/ Whereas, on F bruary 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: I " ... install an ~ntenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenn~ would be accompanied by a 240 sq ft equipment room bn the west side of the SDG&E easem nt (closer to the street}." \ And Whereas, he Board further declared in same letter that, "The board can find no reason I not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and retu n it by March I, 2006." ! And Whereas~ print's "land Use Review Application" now proposes to ~uild its WCF equipment roo on West Bluff North's grass covered common area just koutheast ofthe Association's t~nnis court, clearly NOT within the area described in the Bpard's February 3, 2006 letter destribed above. ' And Whereas, ~he Sprint proposed location presents issues and is less th~n fair and equitable to all. , I I The West Bluff ~orth Homeowners are hereby asking the Board and Spr,nt to engage in meaningful goo~ faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others -I we are all neigh\bors! Print Name~):~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~ March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! West Bluff North Homeowner -Address: -WEST BLUFF NORTH HOMEOWNERS ASSOCIATION HOMEOWNER BALLOT -~ --------------------.·---:--. -.------. ----. ---.... --.-. --.-. ----,, r----------. I I INST~UCTIONS; · . I . i . · I 11. Please complete items [A) and [8], and · 1 !2. Return this ballot in· the env~lope provided on or b~for~: I ., .. 1 I I }--·- 1 March 1. 2p06 Ballots must be postmarked by the above date . in order to be counted. The Board of Directo~ may extend this . · · ·.deadline, if necessary. · ----~: ___ .:__-....:. __ -~· _:_ .... __ .--_ -~__:___--------------------------. ··-. If you own more than one condominium. . please fill out a separate ballot for eacb condominium I I J ! i L . _____ j ACTION FOR VOTE: Sprint PCS five-year contract with the option of four five year · extensions for a Antenna Facility on SDG&E's Pole and Equipment room on Common Area Easeme~t. C~st my v~tf! as follows: · · · · · . . . [A] -Enter your vote here, mark only one: · [ ] . AUTHORIZE THE BOARD OF DIRECTORS TO ENTER INTO A FIVE-YEAR CONTRACT WITH FOUR FIVE-YEAR EXTENSIONS WITH SPRINT PCS. DO NOT AUTHORIZE THE BOARD OF DIRECTORS TO ENTER INTO A CONTRACT WITH SPRINT PCS. . [S] -Complete the information below: ~~?a. Date I /t::j.2:J... ~WI(Lt,oe.J ~.-(Atl~~ ~ &;.z.a~c:tr Property'Address To authorize tbe acceptance of the Sprint PCS contract. owrters of at least 26 condominiums (50% of the AssociatiOn voting power). must vole to authorize accepting the Sprint PCS contract To Meet auorurn Requirement§, responses from owners of at least 26 _condominiums must be received {a majority of the AssoclaUon membership). · Whet1 you specify a ~boice. on tills ballot, your vote wDI be cast in aCGOrdance with that choiCe. SD227639v1 March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover Jetter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SOG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! West Bluff North Homeowher-Address: 1c1 2,4 Swq_) \oLU lPiu~ C®s\oocl CAl: ct k o 0 <?) fVl ALU f-3A March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement {closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "land Use Review Application'' now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! West Bluff North Homeowner-Address: . liM c:Swttt(1W ~ March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: 11 ••• install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! West Bluff North Homeowner-Address: March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Roo.m Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Boa~d of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the ~omeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: 11 ••• install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipm'ent room on the west side of the SDG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urge~ you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered commoh area just southeast of the Association's tennis court, clearly NOT within the area describ~d in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues arid is less than fair and equitable to all. · The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in ' meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others -! we are all neighbors! Signature(s): West Bluff North Homeowner-Address: March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! West Bluff North Homeowner-Address: \'\)~ 5wn\l,.w ~ March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: 11 ••• install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, 11The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March t 2006." And Whereas, Sprint's 11land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! ~PrimName~~~~~~~·~~~~~~~~~~~~~~~~~~~~~L~~~,Li~~~~~~~~~~ Signature(s): ~~~~~~~~~~~~~~~~~~·~.~~~~-~~~~~~4~;~~~~~~~~~ West Bluff North Homeowner-Address: el March 21, 2013 Petiti · n in Opposition to Sprint's !Proposed Wireless Equipment Room Lo~ation To: The Wes Bluff North Board & Sprint/Nextel Whereas, on F bruary 3, 2006, the West Bluff North HOA Board of Direc~ors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowne~s to authorize the Board to enter nto an agreement with Sprint/Nextel which would allow ~print to: i 11 ••• install an artenna (for better wireless coverage) on the SDG&E pow~r pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room qn the west side of the SDG&E eoseme~t (closer to the street)." : And Whereas, +he Board further declared in same letter that, 11The boarl can find no reason not to proceed ~ith this revenue-generating project and urges you to vo~e yes on the enclosed ballot and retu1n it by March I, 2006." : And Whereas, fprint's 11land Use Review Application" now proposes to tiuild its WCF equipment roor on West Bluff North's grass covered common area just ~outheast of the Association's tlnnis court, clearly NOT within the area described in the Bbard's February 3, 2006 letter desribed above. I And Whereas, he Sprint proposed location presents issues and is less thlm fair and equitable ! to all. The West Bluff North Homeowners are hereby asking the Board and Spr!nt to engage in meaningful go d faith negotiations to relocate Sprint's wireless commun,cations equipment room to a locat on that does not disadvantage some homeowners forth~ benefit of others - .~~t/ Signature(s): -t-=-e---VL __ • ______________ -+------- West Bluff No j I I i March 21, 2013 Petiti n in Opposition to Sprint's /Proposed Wi eless Equipment Room Lo~ation ! ! To: The Wes Bluff North Board & Sprint/Nexte/ / Whereas, on F bruary 3, 2006, the West Bluff North HOA Board of DirecLrs sent the homeowners a Ballot and Instruction/Cover letter asking the homeownefs to authorize the Board to enter nto an agreement with Sprint/Nextel which would allow Sprint to: I " ... install an a, tenna (for better wireless coverage) on the SDG&E powJr pole west of building #1. The antenri would be accompanied by a 240 sq ft equipment room Jn the west side of the SDG&E easem nt (closer to the street)." / I And Whereas, [he Board further declared in same letter that, "The boar~ can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and retu n it by March I, 2006." I And Whereas, ~print's "Land Use Review Application" now proposes to ~uild its WCF equipment rooJn on West Bluff North's grass covered common area justlsoutheast ofthe Association's tinnis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. j And Whereas, he Sprint proposed location presents issues and is less tl'an fair and equitable to all. The West Blu~ North Homeowners are hereby asking the Board and Sprint to engage in meaningful gocpd faith negotiations to relocate Sprint's wireless commu1ications equipment room to a location that does not disadvantage some homeowners for th/e benefit of others- we are all neig~bors! , I h Homeowner -Address: e Petition in Opposition of Sprint~s Conditional Use Permit To: The City of Carlsbad Development Services Panning Division The undersigned hereby petitions the City of Carlsbad Development Services Panning Division to DENY the ''LAND USE REVIEW APPliCATION" for a Conditional Use Permit (Project Name: SD34XC861 SDG&E Steel Pole) submitted by Sprint on October 24, 2012 for the following reasons. The West Bluff North Homeowner association's "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS" requires that any contract binding the association for a period of one year or more must be approved by the majority vote of its members. On March 1, 2006 the association homeowners voted on and approved a Sprint/Nextel proposal to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." (language taken from the Boards Ballot Instruction letter provide the homeowners with the Ballot to approve the Sprint request [February 2, 2006]) The Map attached on the reverse side of this petition letter depicts the approved area for the location of the Sprint Wireless Communication Facility (WCF) equipment room. This depicted area (" ... on the west side of the SDG&E easement ") is the only area the association has ever voted on. Sprint's "land Use Review Application" proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Associations tennis court (this location is also depicted on the attached map). Clearly, Sprint's proposed location is NOT within the area approved by the homeowners. In addition to having no homeowner approval, the Sprint proposed location presents additional concerns: 1. View Area-the location that Sprint selected is a premium ocean view area; all architectural efforts to get the building to blend with the other buildings will do nothing for the lost ocean view shared by all the homeowners in this common area. 2. Residential location-Whereas the association approved area is in a power line easement area close to El Camino, the Sprint proposed location is in a residential/recreational area. Hence noise level & health concerns are at issue. 3. Increased Footprint-The approved footprint is 240 sq ft.; the Sprint proposal calls for a 287.5 sq ft building. Moreover, because the Sprint proposal is located in a recreational/residential area (as opposed to a power line easement area) the necessary landscaping for blending /stealth appearance will close to double the approved footprint. Why sho~ld the homeowners have to donate the landscaping area to the Sprint project? 4. loss of Property Value-because of the reasons stated above and the known stigma that having an equipment home in close proximity to a residential area, the homeowners' property values will suffer. This argument is supported by the fact that many real estate professionals warn that not disclosing the existence a WCF could lead to seller liability for failure to disclose such. It was for all the reasons stated above and more that the homeowners only approved the Sprint WCF equipment room to be located in the area located on the west side of the SDG&E easement, and never approved the Sprint site proposal southeast of the tennis court. Hence it is hereby requested that the City of Carlsbad only allow Sprint to develop Its we: equipment room within the association appr~~ the_ attached map. Print Name G~~ <;~ Signed_-i~~~:>L-=-_.::.... __ v_:::r _________ _ West Bluff North Homeowner-Address: __ /_9---'-)_'"0 ___ ~_Lvl=--~---=:~--=-W~_<t'ft./.-=--=-'II""--"-, ----- March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! PrintName(s):~~~~~~~~~~~~.~~~~l~~~~~~~~~~~~~~~~~~ Signature(s): _______ ~~--....;..;::-~==--~~.,...---------------~ West Bluff North Homeowner-Address: \ ~ SJ 7 WA.v~tJ LJ e Petition in Opposition of Sprint's Conditional Use Permit To: The City of Carlsbad Development Services Panning Division The undersigned hereby petitions the City of Carlsbad Development Services Panning Division to DENY the "LAND USE REVIEW APPLICATION" for a Conditional Use Permit (Project Name: SD34XC861 SDG&E Steel Pole) submitted by Sprint on October 24, 2012 for the following reasons. The West Bluff North Homeowner association's "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS" requires that any contract binding the association for a period of one year or more must be approved by the majority vote of its members. On March 1, 2006 the association homeowners voted on and approved a Sprint/Nextel proposal to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." (Language taken from the Boards Ballot Instruction Letter provide the homeowners with the Ballot to approve the Sprint request [February 2, 2006]) The Map attached on the reverse side of this petition letter depicts the approved area for the location of the Sprint Wireless Communication Facility (WCF) equipment room. This depicted area(" ... on the west side of the SDG&E easement ") is the only area the association has ever voted on. Sprint's "Land Use Review Application" proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Associations tennis court (this location is also depicted on the attached map). Clearly, Sprint's proposed location is NOT within the area approved by the homeowners. In addition to having no homeowner approval, the Sprint proposed location presents additional concerns: 1. View Area -the location that Sprint selected is a premium ocean view area; all architectural efforts to get the building to blend with the other buildings will do nothing for the lost ocean view shared by all the homeowners in this common area. 2. Residential Location-Whereas the association approved area is in a power line easement area close to El Camino, the Sprint proposed location is in a residential/recreational area. Hence noise level & health concerns are at issue. 3. Increased Footprint-The approved footprint is 240 sq ft.; the Sprint proposal calls for a 287.5 sq ft building. Moreover, because the Sprint proposal is located in a recreational/residential area (as opposed to a power line easement area) the necessary landscaping for blending /stealth appearance will close to double the approved footprint. Why sho~lld the homeowners have to donate the landscaping area to the Sprint project? 4. Loss of Property Value-because of the reasons stated above and the known stigma that having an equipment home in close proximity to a residential area, the homeowners' property values will suffer. This argument is supported by the fact that many real estate professionals warn that not disclosing the existence a WCF could lead to seller liability for failure to disclose such. It was for all the reasons stated above and more that the homeowners only approved the Sprint WCF equipment room to be located in the area located on the west side of the SDG&E easement, and never approved the Sprint site proposal southeast of the tennis court. Hence it is hereby requested that the City of Carlsbad only allow Sprint to develop its WCF equipment room within the association approved area as depicted on the attached map. PrintName/Y/;c/7/Ue EJtmAO signed ffl/tlldit f~ West Bluff North Homeowner-Address: /q§ Z fwa4,{tJ tJ b1/L.IL.- e Petition in Opposition of Sprint's Conditional Use Permit To: The City of Carlsbad Development Services Panning Division The undersigned hereby petitions the City of Carlsbad Development Services Panning Division to DENY the "LAND USE REVIEW APPLICATION" for a Conditional Use Permit (Project Name: SD34XC861 SDG&E Steel Pole) submitted by Sprint on October 24, 2012 for the following reasons. The West Bluff North Homeowner association's "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS" requires that any contract binding the association for a period of one year or more must be approved by the majority vote of its members. On March 1, 2006 the association homeowners voted on and approved a Sprint/Nextel proposal to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." (Language taken from the Boards Ballot Instruction Letter provide the homeowners with the Ballot to approve the Sprint request [February 2, 2006]) The Map attached on the reverse side of this petition letter depicts the approved area for the location of the Sprint Wireless Communication Facility {WCF) equipment room. This depicted area (" ... on the west side of the SDG&E easement ") is the only area the association has ever voted on. Sprint's "Land Use Review Application" proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Associations tennis court (this location is also depicted on the attached map). Clearly, Sprint's proposed location is NOT within the area approved by the homeowners. In addition to having no homeowner approval, the Sprint proposed location presents additional concerns: 1. View Area -the location that Sprint selected is a premium ocean view area; all architectural efforts to get the building to blend with the other buildings will do nothing for the lost ocean view shared by all the homeowners in this common area. 2. Residential Location-Whereas the association approved area is in a power line easement area close to El Camino, the Sprint proposed location is in a residential/recreational area. Hence noise level & health concerns are at issue. 3. Increased Footprint-The approved footprint is 240 sq ft.; the Sprint proposal calls for a 287.5 sq ft building. Moreover, because the Sprint proposal is located in a recreational/residential area (as opposed to a power line easement area) the necessary landscaping for blending /stealth appearance will close to double the approved footprint. Why sho~ld the homeowners have to donate the landscaping area to the Sprint project? 4. Loss of Property Value-because of the reasons stated above and the known stigma that having an equipment home in close proximity to a residential area, the homeowners' property values will suffer. This argument is supported by the fact that many real estate professionals warn that not disclosing the existence a WCF could lead to seller liability for failure to disclose such. It was for all the reasons stated above and more that the homeowners only approved the Sprint WCF equipment room to be located in the area located on the west side of the SDG&E easement, and never approved the Sprint site proposal southeast of the tennis court. Hence it is hereby request that the City of Carlsbad only allow Sprint to develop its WCF equipment room within the association approv picted n the ached map. Print Name ,) f:fl-U 5 &:' fC 2-/;€_ Signed ---"7,....~~~,._;;_.-"-""'-hE::::o--"'-'-""'~---- West Bluff North Homeowner-Address: __ ...~./---'f_S:...--_C{,_· ___ ..:::;_.....lo:O:;..._;j.....L..Lr-=~=---"=..;.'-.:..:::...--:3.----- March 21, 2013 Petition in Opposition to Sprint's rroposed Wi eless Equipment Room Lo ation To: The West luff No,rth Board & Sprint/Nextel Whereas, on Fe ruary 3, 2006, the West Bluff North HOA Board of Direct rs sent the homeowners a allot and Instruction/Cover letter asking the homeowner~ to authorize the Board to enter i to an agreement with Sprint/Nextel which would allow Sprint to: " ... install an a tenna (for better wireless coverage) on the SDG&E powJ pole west of building I #1. The antenn would be accompanied by a 240 sq ft equipment room ln the west side of the SDG&E easeme t (closer to the street)." And Whereas, he Board further declared in same letter that, "The boarc!l can find no reason not to proceed with this revenue-generating project and urges you to vo~e yes on the enclosed ballot and retu n it by March I, 2006." / And Whereas, p_rint's "land Use Review Application" now proposes to Juild its WCF equipment roo on We.st Bluff North's grass covered common area justJsoutheast of the Association's t 1 nnis court, clearly NOT within the area described in the B!oard's February 3, 2006 letter de cribed above. / i And Whereas, the Sprint proposed location presents issues and is less t1an fair and equitable to all. 1 The West Blu North Homeowners are hereby asking the Board and Sprint to engage in meaningful go d faith negotiations to relocate Sprint's wireless commu~ications equipment room to a loca ion that does not disadvantage some homeowners for t1e benefit of others - we are all neighbors! , ! West Bluff No h Homeowner-Address: March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! ·~ *Print Name(s): ' Signature(s): ___,~........_~ ......... &<..--"""""'.,.u..+-~~"'lb~'-""'"~=;::1"""------------ West Bluff North Homeowner-Address: /Cltp'Z C3tuil/auJ ~ C&Jd::lni C<~ qzcc9 March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for bette·r·wir~l~ss coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240sq fteq'uipment room on the west side ofthe SDG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 2006 letter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! Print Name(s}: __::·~="+-_F..:....::::=---=~=L=:;.__:N_:_C. _ ___,,...----------------~gnature(~:-~~~~~~·\~~~r~~~~~~~~~~~~~~~~~~~~- West Bluff North Homeowner-Address: March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 20061etter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others - we are all neighbors! "---.. ~PriMNameOOs=~~~~~~~~~~~~~~~~~~~~~~~~~~ Signat e(s): -k~~~(J~'::::f.~=r---=----------- West Bl~ff North Homeowner-Address: 19ft{' Sva,llocJ l_an e_ NL-£.1-Sto/' 'kv.R..t~ ,.c:-A--,/_7Z?/ Petit on in Opposition to Sprint' ireless Equipment Room L To: The 1M t Bluff North Board & Sprint/Nextel March 21, 2013 Proposed cation Whereas, on February 3, 2006, the West Bluff North HOA Board of Dir±ctors sent the homeowners a Ballot and Instruction/Cover letter asking the homeow ers to authorize the Board to ent r into an agreement with Sprint/Nextel which would allo Sprint to: " ... install an antenna (for bettel-"wii'OieSs coverage) on the SDG&E paler pole west of building #1. The antenna would be accompanied by a 240 sq ft eq'uipment roo on the west side of the SDG&E ease ent (closer to the street)." .. And Whereas The Board further declared in same letter that, "The boa d can find no reason not to procee with this revenue-generating project and urges you to vote yes on the enclosed ballot and ret rn it by March I, 2006." I And Whereas Sprint's "Land Use Review Application" now proposes to build its WCF equipment ro m on West Bluff North's grass covered common area jus southeast of the Association's ennis court, clearly NOT within the area described in the $oard's February 3, 2006 letter de cribed above. . \ And Whereas, the Sprint proposed location presents issues and is less t~an fair and equitable to all. \ The West Blu North Homeowners are hereby asking the Board and Sp~int to engage in meaningful go d faith negotiations to relocate Sprint's wireless commu~ications equipment room to a loca ion that does not disadvantage some homeowners for thr benefit of others - we are all neig bors! I March 21, 2013 Petition in Opposition to Sprint's Proposed Wireless Equipment Room Location To: The West Bluff North Board & Sprint/Nextel Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement with Sprint/Nextel which would allow Sprint to: " ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street)." And Whereas, The Board further declared in same letter that, "The board can find no reason not to proceed with this revenue-generating project and urges you to vote yes on the enclosed ballot and return it by March I, 2006." And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF equipment room on West Bluff North's grass covered common area just southeast of the Association's tennis court, clearly NOT within the area described in the Board's February 3, 20061etter described above. And Whereas, the Sprint proposed location presents issues and is less than fair and equitable to all. The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in meaningful good faith negotiations to relocate Sprint's wireless communications equipment room to a location that does not disadvantage some homeowners for the benefit of others- we are all neighbors! *PrintName(s): Hmu't~~~ Signature(s): --------------------------- r tti{Qt{ ~ ~ ) {.,west Bluff North Homeowner-Address: March 21, 2013 Petiti n in Opposition to Sprint's 1 Proposed w·reless Equipment Room Lo~,cation To: The Wes Bluff North Board & Sprint/Nextel i Whereas, on F bruary 3, 2006, the West Bluff North HOA Board of Directors sent the homeowners a allot and Instruction/Cover letter asking the homeownerrs to authorize the Board to enter nto an agreement with Sprint/Nextel which would allow Sprint to: " ... install an a tenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenn would be accompanied by a 240 sq ft equipment room dn the west side of the SDG&E easeme t (closer to the street)." And Whereas, he Board further declared in same letter that, "The board can find no reason not to proceed ith this revenue-generating project and urges you to vote yes on the enclosed ballot and retu it by March I, 2006." And Whereas, print's "land Use Review Application" now proposes to bpild its WCF equipment roo on West Bluff North's grass covered common area just ~outheast of the Association's te nis court, clearly NOT within the area described in the Bqard's February 3, 2006 letter des ribed above. 1 And Whereas, to all. e Sprint proposed location presents issues and is less than fair and equitable i ' orth Homeowners are hereby asking the Board and Sprint to engage in faith negotiations to relocate Sprint's wireless communications equipment n that does not disadvantage some homeowners for the benefit of others - ------------------- ~-... ( I ; \ ' ) ~ CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602·4610 www.carlsbadca.gov APPUCATIONS APPLIED FOR: (CHECK BOXES) Devglooment Permits (FOR DEPT USE ONLY) Lealtlarive Permits 0 Administrative Permit 0 Coastal Development Permit(") 0 00 Conditional Use Permit (•) 0 Mmor 0 Extens1on 0 Environmental Impact Assessment 0 Habitat Management Permit 0 0 Hillside Development Permit(") 0 Planned Development Permit 0 Residential 0 Non-Residential 0 Planned Industrial Permit Minor a M•nor 0 Planning Commission Determination 0 Site Development Plan [!] Special Use Permit ~ U p 0 Tentative Tract Map 0 Variance 0 Administrative p ~~-' !· 1'---o~ 0 General Plan Amendment 0 Local Coastal Program Amendment (") 0 Master Plan 0 Amendment 0 Spoclflc Plan 0 Amendment 0 Zone Change (") 0 Zone Code Amendment List Other appllcttlons not specified 0 0 0 (•) = eligible for 25~. discount (FOR DEPT USE ONLY) NOTE: A PROPOSW PROJECT REQUIRING MULnPLE APPUCAnQNS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATtON MUST BE SUBMITTED PRJ0R TO 4:00P.M. ASSESSOR PARCEL NO(S).: 215-952-13-99 PROJECT NAME: SD34XC861 SOG&E Steel Pole BRIEF DESCRIPTION OF PROJECT: Installation of a cell site with equipment behind CMU wall enclosure and antenna on existing SDG&E steel pole BRIEF LEGAl DESCRIPTION: Lot 1 of Carlsbad Tract No. 79-28, in Carlsbad, County of San Diego as shown on map thereof NO. 19967, April 29, 1981 LOCATION OF PROJECT: 1926 Swallow Lane ON THE: BETWEEN P-1 North (NORTH. SOUTH. EAST. WEST) El Camino Real (NAME OF STREET) SIDE OF AND STREET ADDRESS Swallow Lane (NAME OF STREET) Poinsettia Lane (NAME OF STREET) Page 1 of 5 Revised 07/10 OWNER NAME (Print): West Bluff Condominiums MAILING ADDRESS: 1926 Swallow Lane CITY. STATE. ZIP: Carlsbad, CA 92009 TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE IN~= TION IS TRUE AND G,ORRECT TO THE BEST OF MY ~Wk4/-ti.//&J; C/i;J/1;) SIG)QATURE /) OATEI ~ v APPLICANT NAME (Print): Sprint ~--------------------MAILING ADDRESS: 310 Commerce, Suite 319 CITY, STATE. ZIP: Irvine, CA 92692 TELEPHONE: 503-519-8591 EMAIL ADDRESS: thenion@deprattiinc .com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ·---::>\ \~ SIGNATURE DATE APPLICANrS REPRESENTATIVE (Print): Tim Henion/ OePratti Inc -------------------------------------------------------------------------------MAILING ADDRESS: CITY. STATE. ZIP TELEPHONE: EMAIL ADDRESS: 1264 Basswood Ave Carlsbad, CA 92998 593-519-8591 thenion@deprattiinc.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ---:> tP 5/2/2012 SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IM'E CONSENT TO ENTRY FOR THIS PURPOSE. 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 WITH T E D AND BIND SUCCESS S IN INTEREST. .. - FOR CITY USE ONLY P-1 P~2of5 RECEIVED OCT 2 4 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED Rovised 07110 West Bluff North Homeowners Association Call to Order Slate of Officers Adjournment Secretary: Date: Organizational Meeting Minutes October 3, 20 11 The Organizational Meeting was called to order at 6:45 p.m. with the following board members in attendance: Kathy Ziccarelli, Nancy Schuth, and Gordon Schmidt. Helen Y akely represented Bruner & Rosi Management, Inc. MOTION was made, seconded and carried unanimously to appoint the following slate of officers: President-Kathy Ziccarelli Vice President-Gordon Schmidt Secretary -Deirdre Sims Treasurer-Nancy Schuth Director-Stacy Lawrence There being no further business to come before the Board, the meeting was adjourned at 6:50 p.m. <~ ·~!>4 ·~ ,r CITY OF DISCLOSURE STATEMENT P·1(A) Develogm~pt ~erviq:s Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD 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 MYST be disclosed at the time of application submittal. Your project cannot be reviewed until this Information is completed. Please print. Note: Pe111on is defined as "'Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; hOwever, the legal name and entity of the applicant end property owner must be provided ~ow. 1. APPLICANT (Not the appJicant's agent} Provide the CQMfLEJE. LEGAL names and addresses of & persons having a financial interest in the application. Jf the applicant includes a COfPOf'@tloo or PirlDirsbiP· include the names, titles, 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 puglidy-owned corpof§tjgQ. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Sprint Title. __________ _ Title Tenant Address ________________ __ Address 330 Commerce, Suite 200 2. OWNER (Not the owner's agent) P-1(A) Provide the ®MPLEJJ;. LEGAL names and addresses of & persons having any ownership interest in the property involved. AJso, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a gm>oratign gr oartnmhip, include the names, titles, addresses of all Individuals owning mora than 10%0t the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a puglicly-owngd corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. _________________ _ Corp/Part. __________ _ Title ---------------------Title ___________ _ Address. ___________ _ Address ____________________ __ Pap1 of2 Revised 07/10 3. NON.PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. fist the names and addresses of MI person serving as an omcer or director of the non· profit organization or as trustee or beneficiary of the. NonProfflrrrust NA NonProfflrrrust~N~A~----------- Title Title. ___________ _ Addreu. ________________ _... Address._ __________ _ 4. Have you had more than $500 worth of busit1ess transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes (X] 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. ~~ -?\\ ~ gnatU~ Signature of applicant/date Spdnt Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Tim HeniQn Print or type name of owner/applicant's agent P-1(A) Page2of2 Revised 07/10 r-----------------------------------~------- .1 ( e:::~a. ii+4f:h ~ -==:~ .....-~ L ...._. F F r---1 <:::> •~ -y-1----w February 3, 2006 Dear West BluffNorth Homeowners: Best wishes to all of you for a healthy, happy and prosperous year in 2006. The Association has received many positive comments regarding the wood damage repairs to buildings I, 2, and 3 along with the new paint colors. We look forward to completing buildings 4 and 5 after the rainy season. In December and January the Board reviewed the costs of the wood repairs and paint for the first three buildings. Unfortunately, after 20 years of wear and tear, the cost of the wood repairs has been much more expensive than initially anticipated and yet it made no sense to paint a building in need of repair. Please see the attached schedule for a complete breakdown of the expenses to date and the projections for completion of the project. The $7,500.00 Special Assessment that was approved in 2004 included estimated costs for the replumb, stucco repairs and painting of all five buildings. The additional expense of repair for wood railings was significantly more expensive than expected. The total cost for completing the total replumbing, wood repairs and painting project turns out to be $452,799.35, this leaves the Association with a shortfall of $77,799.00 from the initial assessment The board sees no alternative to seeking approval for an additional $1,700.00 Special Assessment to cover the additional costs plus unforeseen costs in 2006 to be paid in four (4) installments. In order to proceed as quickly as possible, please review the attached ballot and return it before March 1, 2006. - On a financially positive note, the Board of Directors has been approached by Sprint PCS, LLC requesting that the Association enter into an agreement to allow them to instaiJ an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement (closer to the street). In return Sprint PCS, LLC has proposed to pay the WBN Association $600.00 per month for the first five year term of the lease, a total of $7,200 per year. In the second term it would increase to $8,280 per year and on up to $12,592 in the fifth term. It will take approximately ten to twelve months before the installation can be completed. In order for the Association to take advantage of this proposal the Board of Directors must enter into a five year contract that includes four five--year renewal terms. Approval of the contract requires the vote of the majority (26) of West Bluff North homeowners. The board can find no reason not to proceed with this revenue~generating project and urges you to vote yes on the enclosed ballot and return it by March l, 2006. If you have questions, please attend a special meeting scheduled for February 20111 at 6:30 in the offices of Bruner and Rosi or send your questions in writing to management at 5651 Palmer Way, Suite A, Carlsbad 9201 0. The second quarter April I Oth Board Meeting will stiU be held starting at 6:30 p.m. at the offices of Bruner & Rosi Management at the address listed below. Sincerely, West BluffNorth Board of Directors • (760) 603~9404 • Fax (760) 603-9404 • email: audrey®BrunerBosimgtcom • Bruner & Rosi Mana~ment, Inc. 5651 Palmer Way, Suite A Carlsbad, CA 92010-9404 I -- .WEST B.LUFF NORTH HOMEOWNERS ASSOCIATION HOMEOWNER BALLOT r------------- . j INS~UCTIONS; 1. Please complete Hems [A] and [B), and 12. Return this ballot in-th~ env~pe provided on or ~fore: I Marcb 1. 2po6 ·. ~ SaBots must be postmarked by the above date in order to be counted. The Board of Directo~ may extend this . ' -· · -deadline, If necessary. . · I . -1 I ·I [ _____ ._---· If you own more than one condominium. l otease fill out a seoarate b81lot fi?r each condominium ~,___.____,__, __ ~-----------~-__, ______________ ,__, ____ ..__,__ ______ J ACTION FOR VOTE: Sprint PCS five--year contract with the option of four five year -extensions for a Antenna Facility on ·soo&E's Pole and Equipment rc;>om on Common Area Easeme~t. c.st my_v~te as foliows: . . . . - [A] -Enter your_ vote here, mark only on~: . { _] _ -AUTHORIZE THE BOARD OF DIRECTORS TO ENTER INTO A FIVE-YEAR . · CONTRACT WITH FOUR FIVE-YEAR EXTENSIONS WITH SPRINT PCS. I l ·DO NOT AUTHORIZE THE BOARD OF DIRECTORS TO ENTER INTO A CONTRACT WITH SPRINT PCS. . - [B] -Complete the information below: Date Property Address Signature To authorize tbe acceptance of the Sprint PCS contract. owners of at least 26 condominiUms {50% of the AsSOCiatiOn voting powet). must vote to authorize acc:epllng 1he Sprint PCS contract. To Meet Quorum Requirements. responses from owners of at least 26 _condominiums must be received (a majority of the Assoclallon rnembei'Shtp). - When you specify a ebolce" on this ballot, yo~ vote wm be caet in accordance wllb that choice. S0227639v1 CUP12-13/SUP12-02 SDG&E Steel Pole February, 26, 2013 City of Carlsbad Planning Department Att: Greg Fisher 1635 Faraday Avenue Carlsbad, CA 92008 RE: CUP12-13/SUP12-02 SDG&E Steel Pole SUBJECT: Response to Planning Issues Attachment A This letter provides additional information responding to the City Planning Departments concerns about the location of the proposed site. Sprint has worked with the City Planning Department in finding a preferred site that would meet the coverage objectives for Sprint as well as integrate with its surroundings. Sprint request that the City move forward in scheduling the subject property for Planning Commission due to the lack of viability, lack of adequate coverage, and uninterested owners. The site selection process included the review of the commercial property located within the Bressi Development project, the new housing project located on the east side of El Camino Real at its intersection with Cassia Road, the property just north of the new residential development at Cassia Road, the ROW Light Pole on El Camino Real, the existing SDG&E steel tower located near the northwest comer of Poinsettia and its intersection with El Camino Real and the subject property as well as the intersection of El Camino Real and Alga road. Site Candidate !-Commercial Property at Bressi Ranch This property was reviewed for its ability to cover the new Bressi Ranch Development as well as the valley floor to the south of this mesa. The property had good propagation on the mesa and moderate propagation in the valley and El Camino Real. This site was not chosen as a viable candidate as there were no plans at the time of review for any commercial development within this footprint. Sprint determined that it was not plausible to design a new vertical element within this area without any understanding of the future design and footprint to be utilized within this commercial area. Site Candidate 2 -6250 El Camino Real 1 This property is roughly one mile north of the coverage area and is a medical park consisting of a two story building. Due to the distance to the coverage area and the low rooftop elevation this location would have significant shadowing by the grade to the south on El Camino towards both Poinsettia Lane and the golf course. Another site would also be needed to meet the coverage objective Site Candidate 3-6286 El Camino Real Also roughly one mile north of the coverage area and is a pre school consisting of a single story building with a small tower on the NW corner. Due to the distance to the coverage area and the low rooftop elevation this location would have significant shadowing by the grade to the south on El Camino towards both Poinsettia Lane and the golf course. Another site would also be needed to meet the coverage objective CUP12-13/SUP12-02 SDG&E Steel Pole 2 Site Candidate 4-6210 Cassia Road This animal hospital location is~ of a mile from the coverage area and due to the elevation change along south El Camino Real there would also be significant shadowing by the ridge along Poinsettia Lane. Another site would also be needed to meet the coverage objective. Site Candidate 5-6220 Cassia Road This property across the street from Candidate 4 is a professional building located ~ of a mile from the coverage area and due to the elevation change along south El Camino Real there would also be significant shadowing by the ridge along Poinsettia Lane. Another site would also be needed to meet the coverage objective. Site Candidate 6-998 El Camino Real This property is located next door to an existing Sprint site SD03XC153 as shown on the provide map. This location is too far south to provide any coverage near Swallow lane or Poinsettia Lane. The proposed site is needed at Swallow lane with the existing site. Site Candidate 7-SDG&E Steel Tower at northwest comer of El Camino Real and Poinsettia This potential site had good coverage along El Camino Real and the Bressi Development but the coverage in the valley to the south of the Bressi Development was poor. Additionally, the new residential development under construction at the time of review seemed to create an access and location issue relative to the residential development. This site was not pursued Candidate 8-Subject property This site was reviewed for its ability to provide adequate coverage across the Bressi Ranch Development, the valley south of the Bressi Ranch Development and along El Camino Real. Because of the ability to gain a greater height on the steel tower as opposed to all of the other candidates except Candidate 4 this site is superior in its ability to provide the coverage necessary. This site is a discouraged site but this type of site is discouraged because of its proximity to residential uses. The landlord for this site is both SDG&E and the Home Owner's Association for the adjacent condominium project. The project was notified and voted by proxy overwhelmingly to lease space to Sprint/Nextel for the proposed project thereby negating the main reason these types of installations are discouraged. The antennas will be strapped to the existing steel tower and the radio and power equipment will be located within a proposed equipment shelter designed to match the architecture and color of the adjacent condominium building. Additionally, there are mature bushes adjacent to the proposed location of the shelter, which will provide ample screening along with the additional proposed new landscaping and vines. CUP12-13/SUP12-02 SDG&E Steel Pole Right Of Way (ROW) Light Standards Sprint could not locate in the ROW on E1 Camino Real because it would not provide Sprints coverage objective. Sprint is providing coverage to the north, east, and south. The proposed location is on a hillside on an existing tower that allows Sprint to provide coverage on the north and south side of the hill. The ROW site is located at the bottom of the hill and it would not allow Sprint to provide coverage to the northern area. The project proposes to mount 6 antennas onto an SDG&E steel pole and the antennas are painted to match the steel pole. The antennas do not protrude but hug the pole as close as possible and integrates with the pole making look as if it is a part of the steel pole. The antennas are mounted at a height from top of antenna 50 feet. The antennas are mounted at this height to meet the RF's calculations of clearance from solid interference and the FCC standards. The building located to the north at approximately 33 feet has to be taken into consideration and based of the RF calculation the lowest antenna must be located at a height of 40 feet. The hinges on the panel antennas will not be fully extended because if they were the radio frequencies of the antennas would shoot to the ground. The antennas can not mount to the pole directly based on the requirements of SDG&E. The antennas must be mounted to a steel plate and pipe mounting the antenna 4 inches away from the pole. The antennas would not extend more than I foot from the face of the pole. Sprint request that the City of Carlsbad Planning Department can support this project. Sprint has spent more than three month pursuing the preferred site recommended by the City and was not successful in finding an interested owner. Sprint request that the project move forward and be scheduled for the first Planning Commission meeting in April or earlier. Please consider our request. Thank You, Tim Henion DePratti, Inc. Site Acquisition/Zoning 3 Sprint'> Together with NEXTEL February 28, 2013 Sprint Nextel 12657 AJocosta Blvd Su•tc 300 San Rarr.on Ca 94581 Tel 925 90.1·4059 Fax. 925·904·406/ RE: Sprint at SDG&E Swallow Lane Mr. Greg Fisher, Gtcg Altorr.arc Fncsson for s,r.r.t Nel<tel Cahfornt,l Office: 9/S-904-3941 Cell: <J25-20<J·30S3 F :nail: Greg.M.Aitomare~.sprint.com Sprint will provide collocation opportunities to any interested parties at this new location, provided applicant meets all of Sprints and SDG&E's collocation requirements. The telecommunication equipment intended for install at this location generates approximately a max DBA of 65, at an operating temperature of2SC at sea level. The maintenance schedule after completion will require quarterly site visit a total of 4 times per year Thanks, ,..., ! I /_/··c ( ~!P Altom:: _.ProJect Manager Ericsson Site Development ~~rint Nextel Office: 925-380-2248 Cell: 925-209-3053 /f~ "'" ~ ~ CITY OF CARLSBAD INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services land Development Engineering 1635 Faraday Avenue 76o-602-2750 www.carlsbadca.gov To address post-<levelopment pollutants that may be generated from development projects. the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP. refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you. this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed. sign the form at the end and submit this with your application to the city. !SECTION 1 NEW DEVELOPMENT Does your project meet one or more of the following criteria: YES NO 1. Hou~ing SIJ.tl!t,lvl§lons of 10 or more !l!!ellitJ!1. uaJ.ts. Examples: single family homes. multi-family homes, X condominium and apartments 2. Commercial-greater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals: laborato®s and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial nurseries; multi-apartment buildings; car wash facilities; mlni·malls and other business complexes; shopping malls: hotels; offiCe buildings: public warehouses; automotive dealerships; airfields; and other light industrial facilities. X 3. Heavy Industrial 1 Industry· grtslftr th;Jn 1 acre. Examples: manufacturing plants. fOOd processing plants. metal working facilities, printing plants, and neet storage areas (bus, ln.Jck, etc.). X ~· Automotive repair shop. A facility categorized in any one of Standard Industrial ClassifiCation (SIC) codes 5013, X 5014.5541,7532-7534. and 7536-7539 5. Restaurants. Any facility that sells prepared foods and drinks for consumption. including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812). where the X land area for development is greater than 5,000 square feet. Restaurants where laoo development Is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing cri1eria reQuirements and hydromodification requirements. E-34 Page 1 of 3 REV 1114111 //~ ,~,, ·,~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov 6. Hlllslcle deyelgoment. Any development that creates more than 5.000 square feet of impervious surface and is located In an area with known erosive soil conditions, where the development will grade on any natural slope that is !wen -fiVe rcent 25% or realer. 7. Environmentally Sensltivg Area £ESA( All development located within or directly adjacent to or discharging directly3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the ESA). which either creates 2.500 square feet or more of Impervious surface on a proposed project site or increases the area of im rviousness of a sed 'ect site 10% or more of its natural! occurrin condition. 8. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces. and potentially exposed to urban ~~ . 9. Stregts. roads. highways, and fr!eways. Any paved surface that is 5.000 square feet or greater used for the transportation of automobiles, trucks, motorcycle$. and other vehicles 10. Retail Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet 11. Cqastal Development Zqne. Any project located within 200 feet of the Pacific Ocean and ( 1) creates more than 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. 12. Mom than 1-acce ofdlsturbgncg. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development Project'. X X X X X X X 1 Environmentany Sensitive Ateas 11\C!ude but are not hmtled to an Clean Wat<tr Ad Section 303{d) impail'ed water bodlll1i; areas designated as fveas of Spocsal Biological SigntflCance by the State Water Resources Control Boa«! (Water Quality Control Plan for tho San Diego 88SIIl (1994) and amendments): water bodies des.gnated wtth tho RARE boneflcial use by the State Water Resources Control Boa«! (Wa!M Quality Control Plan for the San Diego Basin (1994) and amendmenls); areas destgnaled as preserveli or thfllr equMtlent under tile Multi Species Conservation Program wllhtrt the Cllit'l$ and County of San O.ego; and any other eqwvalent enwonmentally sensthve areas which have been tdentJhed by the Coponnittees. 2 ·otroctly adjl!C$nt" means Situated Within 200 feet of too Enwonmenlafly SensitiVe fvea. 3 "DISCharging diroctty to• means outflow from a clratnage conveyance system !lull IS composed enbrely of flows from the !>Object development or lt!developmoot site. and not commingled wllh flow from acl]llcoot lands. 4 PolluUint-genorattng Oevotopment PrOjeCts are lhos.o projects that generate pollutants at levels greater than background levols. In general. these 11\C!ude all prOjeCt$ that contnbuto to an excoodance to an impaired water bOdy or whicll create oow rmpe!VlOUs surfaces greater than 5000 squaro foot and/0<' llltroduce now landscaping areas that require routine us.o of lerbhzers and postiO<Ies. In most cases linear pathway projects that are fOf infreqoont vehido uso. such as emergency Of maintenance accoss. or for pedestrian or ~ us.e. nm not considered Potlutant.qenorating Development Projects il they am buitl WTth peN>Ous suttaoos or If they s.hoel now to surroondtng pervious surfaces. INSTRUCTIONS: Section 1 Results: If you answered YES to ANY of tha Questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the ·meets PRIORITY DEVELOPMENT PROJECT requirements• box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the Questions above. then please proceed to Section 2 and follow the instructions. E-34 Page 2 of 3 REV 1/14/11 ;f~ -~,(' ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602·2750 www.carlsbadca.gov SECTION2 SIGNIFICANT REDEVELOPMENT INSTRUCTIONS: Complete the questions below regarding your project YES NO 1. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development X Project •? INSTRUCTIONS: If you answered NO, please proceed to question 2. If you answered YES. then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the ·meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) X INSTRUCTIONS: If you answered YES. please proceed to question 3. If you answered NO. then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements• box in Section 3 below. 3. Is the work limited to trenching and resurfacing associated with utility work; resurfacing and re<:onfigunng surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying soil X during construction. INSTRUCTIONS: If you answered NO, then proceed to question 4. If you answered YES, then you ARE NOT a signifteant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create. replace. or add at least 5.000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet or more of impervious surface or {2) Increases impervious surface on the property by more than 10%? Replacement of X existing impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are removed. exposing underlying soil during construction. INSTRUCTIONS: If you answered YES, you ARE a significant redevelopment. and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the ·meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire PfOject site. If you answered NO. then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. . '' for defintt1on see Footnote 4 on page 2 SECTION 3 QUESTIONNAIRE RESULTS 0 My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand 1 must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. ~ My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As art of these r uirements. I will in rate low im act develo ment strat ies thr hout m ro· Applicant Information and Signature Box Tl~>silor for Cty U:«> Only Address: Assessor's Parcel Numoor(s): City Concurrence: I YESA NO 1926 Swallow Ln 215-052-13 Applicant Name: Applicant Tttle: I ......... , Bye D.p,\,f<- Tim Henion Aoent Applica~e: \ Date: --,...-> ~ 3/6/13 --""~--w~~·----- O<Mc 8 "7-13 ..,---:--···-·-·· P..,..,a!O (v{) l -z.-n E·34 Page 3 of 3 REV 1/14/11 ..-------------------------------------------- YOUR RF SAFETY PARTNER RADIO FREQUENCY ELECTROMAGNETIC FIELDS EXPOSURE REPORT Prepared for Sprint Site Name: SDG&E Steel Pole #Z718327 Site ID: SD34XC861 Site Type: Powerline Tower Located at: 1926 Swallow Lane Carlsbad, CA 92009 Latitude: 33.1087 I Longitude: -117.2680 Report Date: 9/18/2012 Page 1/10 EXECUTIVE SUMMARY Dtech Communications, LLC ("Dtech'') has been retained by Sprint to determine whether its wireless communications facility complies with the Federal Communications Commission (''FCC") Radio Frequency (''RF'') Safety Guidelines. This report contains a computer- simulated analysis of the Electromagnetic Fields (''EMF'') exposure resulting from the facility. The table below summarizes the result at a glance: Table 1: EMF Summary NA None Recommended NA Max cumulative EMF level for 0.6% General Population Yes-with recommendations BACKGROUND Dtech uses the FCC's guidelines described in detail in Office of Engineering & Technology, Bulletin No. 65 ("OET -65'') "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Radiation". Table 2 below summarizes the current Maximum Permissible Exposure ("MPE'') safety limits classified into two groups: General population and Occupational. 11526 Sorrento Valley Road, Ste. F A San Di(!!,O, C4 92121 A 858.792.0066 A !JfWW.dtechcom.cotn Page 2110 30-300 300-1500 1500- 1 Table 2: FCC MPE limits (from OET-65) 0.2 30 1.0 6 6 Frequency (Mhz)/1500 -1 30 Frequency (Mhz)/300 .0- 1.0 30 5.0 6 General population/uncontroUedlimlts apply in situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment, and may not be fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public always fall under this category when exposure is not employment-related. Occupational/controUedlimlts apply in situations in which persons are exposed as a consequence of their employment, and those persons have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/ controlled limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general population/ uncontrolled limits, as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. It is important to understand that the FCC guidelines specify e>..posure limits not emission limits. For a transmitting facility to be out of compliance with the FCC's RF safety guidelines an area or areas where levels exceed the MPE limits must, first of all, be in some way accessible to the public or to workers. When accessibility to an area where excessive levels is appropriately restricted, the facility or operation can certify that it complies with the FCC requirements. 11526 Sorrento Valley Road, Ste. F A San Diego, CA 92121 A 858.792.0066 A www.dfechcom.com Page 3/10 _j SITE DESCRIPTION The wireless telecommunication facility is located on the ground. The antennas are mounted on a powerline tower and connected to the equipment via coaxial cables. Technical specifications provided below are gathered from physical field surveys where possible, provided drawings and/ or other documents provided by our clients, site/building managers and other licensees at this facility. "Generic", "Others", "Unknown" and conservative estimates are used where information is not available. Table 3: Site Technical Specifications RFS 6 RFS 1900 6 44.2 RFS 1900 6 44.2 81 RFS APXVSPP18-C Panel 1900 90 6 44.2 82 RFS APXVSPP18-C Panel 1900 90 6 44.2 83 RFS APXVSPP18-C Panel 1900 90 6 15.9 94 14 44.2 C1 RFS APXVSPP18-C Panel 1900 250 65 6 15.9 83 14 44.2 C2 RFS APXVSPP18-C Panel 1900 250 65 6 15.9 82 17 44.2 C3 RFS APXVSPP18-C Panel 1900 250 65 6 15.9 81 20 44.2 11526 Sorrento Valley Road, Ste. F A Jan Diego, C4 92121 A 858.792.0066 A www.dtechcom.com Page4/10 Figure 1: Site Map 11526 Somnto Vallry Road, Ste. F • San Diego, CA 92121 • 858.792.0066 • l/!ll!ll!dtec!xof!J.COtn Page 5/10 RESULTS Figure 2: Result-The top (bird's rye) vie1v of the resulting MPE (Maximum Permissible Exposure) map surrounding the facility. Site ID SD34XC861 Sprint Antennas (9) Total %ofFCCQ-al Public &_ ... ,. Lm* !d X> 5.000 0 500<X~5,000 • 100<X~500 • 5<X~ 100 0 X~5 Max Sim Levels Sprint: 0.6% Existing BuDding Sprint SectorB 11526 Sorrento Vallry Road, Ste. F • San Diego, C4 92121 • 858.792.0066 • IJJIIJIV.dtechconuwJJ Page 6110 ---------------------------------------------------- RECOMMENDATION(S) Calculations for Sprint's site resulted in exposure levels below the applicable FCC's General Population MPE limits. Since the antennas are mounted on a tall tower and therefore not accessible by the general public, compliance actions are not required. It is presumed that Sprint employees and facility owners are aware of the transmitting antennas and will take appropriate precautions when working near them. However, there may be situations where workers i.e. powerline personnel, etc. may ftnd themselves directly in front of the antennas. For the facility to be classified as an Occupational/Controlled environment, the following are recommended: 1) Install RF advisory sign(s) in accordance with Sprint's RF policy on or near each sector or on the tower no lower than 10 feet above ground, preferably away from public view. 2) Individuals entering the site or working near/in front of antennas must receive appropriate RF safety training1 and be made aware of the potential HotZones (areas exceeding the FCC's MPE limits). In addition, contact information should be made available in the event work is required within the HotZones. CONCLUSION Based on the above results, analysis and recommendation(s), it is the undersigned's professional opinion that Sprint's site complies with the FCC's RF Safety Guidelines. The worse-case exposure levels in publicly accessible areas are below the FCC's General Population MPE limits. t See Appendix C for Dtech Communication's RF Safety training program-Antenna View 11526 Sornnto Valley Road, Ste. r .& San Die,go, CA 92121 .& 858.792.0066 .& 111/'W.dtecbcom.com Page 7/10 CERTIFICATION This report has been prepared by or under the direction of the following Registered Professional Engineer: Darang Tech, holding California registration number 16000, with renewal date of 06/30/13. 11526 Jom11to Valley Road, Jte. F • Sa11 Diego, C4 92121 • 858.792.0066 • lt'WUJ.dfechcom.com Page 8/10 Appendix A: Measurement and/ or Computer Simulation Methods Spatial averaging measurement technique is used. An area between 2 and 6 feet, approximately the size of an average human, is scanned in single passes from top to bottom in multiple planes. When possible, measurements were made at very close proximity to the antennas and inside the main beam where most of the energy is emitted. The maximum levels (max-hold) were recorded. Dtech uses an industry standard power density prediction computer Modef to assess the worse-case, cumulative EMF impact of the surrounding areas of the subject site. The Model does not take into account losses due to buildings. Its methodologies are conservative enough to account for typical down-tilts deployed in wireless communications. In addition, the analysis is performed at 100% duty cycle-all transmitters are active at all times and transmitting at maximum power. For purposes of a cumulative study, nearby transmitters are included where possible. The result is a surrounding area map color-coded to percentages of the applicable FCC's MPE Limits. A result higher than 100% exceeds the Limits. Appendix B: Limitations Dtech performed this analysis based on data provided by our clients that Dtech believes to be true and correct. Estimates where noted, are based on common industry practices and our best interpretation of available information. As mobile technologies continuously change, these data and results may also change. Therefore, Dtech disclaims all other warranties either expressed or implied. Any use of this document constitutes an agreement to hold Dtech and its employees harmless and indemnify it for any and all liability, claims, demands, litigation expenses and attorneys fees arising from such use. This is a technical document and may contain minor grammatical and/ or spelling errors. 2 Roofview® Version 4.15, Richard Tell Associates, Inc. © 1996-2000. 11526 Somnto Vallry Road, Ste. f' .& San Diego, CA 92121 .& 858.792.0066 .& Wli'U'.dtechcom.com Page 9/10 Appendix C: Antenna View® Dtech Communications offers a unique, online tool (Antenna View®) to train, identify and inform individuals of site-specific HotZones -areas that exceed the FCC's Safety Limits. Antenna View® is an online, interactive training tool that will educate nontechnical people in about ten minutes. It is a site-specific, RF safety training program that requires the end user to sign an online agreement thereby limiting the liability to the landlord and carriers. Some of the advantages include: • Virtual walk-through in 3-D with corresponding photographs • Site-specific, interactive, simple to understand • D elivers pertinent information i.e. HotZones (areas exceeding FCC safety limits), site owners and contact numbers. • User online agreement= accountability We invite you to take a quick tour at www.AntennaView.com and see how easy to understand and informative Antenna View® is. Under Article 4 7 CFR § 1.130 7 (b), the FCC & OSHA mandates wireless operators/ facility owners to have an RF surory completed including a safety plan and training to ensure that their tenants, emplqyees and contractors who work in or around RF sites are aware rif the potential risks posed by RF radiation. Most cell sites are located on building rorftops where HVAC contractors, window washers, painters, etc. routine!J work and generai!J do not know tvhat antennas even look like. Dtech Communications can help with ongoing FCC/ OSHA compliance and provide practical training that is ea.ry to understand by a'!Yone regardless rif their technical background 11526 Sommlo Vallry Road, Ste. F .A San Diego, CA 92121 .A 858.792.0066 .A ll!liJIIJ.dtechcom.coiJJ Page 10110 NOISE IMPACT ANALYSIS Sprint "SDG&E Steel Pole #Z718327" Site Number: SD34XC861 D 1926 Swallow Lane Carlsbad, California 92009 Prepared For DePratti, Inc. Attention: Tim Henion 13948 Calle Bueno Ganar Jamul, California 91935 Phone:503-519~591 Prepared By Eilar Associates, Inc. Acoustical & Environmental Consulting 321 Willowspring Drive North Encinitas, California 92024 www .eilarassociates.com Phone: 760-738-5570 Fax: 760-738-5227 Job #B30406N1 April 25, 2013 TABLE OF CONTENTS Page 1.0 EXECUTIVE SUMMARY 1 2.0 INTRODUCTION 1 2.1 Project Location 2.2 Project Description 2.3 Applicable Noise Regulations 3.0 ENVIRONMENTAL SETTING 2 3.1 Existing Noise Environment 3.2 Future Noise Environment 4.0 METHODOLOGY AND EQUIPMENT 3 4.1 Methodology 4.2 Measurement Equipment 5.0 NOISE IMPACTS 4 6.0 CONCLUSION 5 7.0 CERTIFICATION 5 8.0 REFERENCES 6 FIGURES 1. Vicinity Map 2. Assessor's Parcel Map 3. Satellite Aerial Photograph 4. Topographic Map 5. Satellite Aerial Photograph Showing Equipment Noise Contours and Receiver Locations APPENDICES A. Project Plans, Dated January 24, 2013 B. Pertinent Sections of the City of Carlsbad Noise Guidelines Manual C. Manufacturer Data Sheets D. Cadna Analysis Data and Results 1.0 EXECUTIVE SUMMARY The proposed project, the Sprint wireless telecommunications facility to be known as "SDG&E Steel Pole #Z718327" (Site Number SD34XC861 D), consists of the installation of a new equipment lease area to contain wireless equipment cabinets and associated antennas. The project site is located at 1926 Swallow Lane in the City of Carlsbad, California. The purpose of this report is to assess noise impacts from the proposed equipment at the Sprint facility, and to determine if mitigation is necessary and feasible to reduce project related noise impacts to less than significant. Noise limits specified within the City of Carlsbad Noise Guidelines Manual must be met at neighboring property lines. Calculations show that, as designed, exterior noise levels from the proposed Sprint equipment will comply with the applicable noise limits defined by the City of Carlsbad at all surrounding property lines and sensitive receivers. Additionally, interior noise levels are not expected to be compromised by Sprint equipment on site. No mitigation is deemed necessary for attenuating exterior or interior noise levels on site. 2.0 INTRODUCTION This acoustical analysis report is submitted to satisfy the noise requirements of the City of Carlsbad. Its purpose is to assess noise impacts from on-site project related mechanical noise sources, and to determine if mitigation is necessary to reduce the noise impacts to less than significant levels. All noise level or sound level values presented herein are expressed in terms of decibels (dB), with A-weighting, abbreviated "dBA," to approximate the hearing sensitivity of humans. Time-averaged noise levels are expressed by the symbol "LEa" unless a different time period is specified, "LEa" is implied to mean a period of one hour. Some of the data may also be presented as octave-band- filtered and/or A-octave-band-filtered data, which are a series of sound spectra centered about each stated frequency, with half of the bandwidth above and half of the bandwidth below each stated frequency. This data is typically used for machinery noise analysis and barrier calculations. Sound pressure is the actual noise experienced by a human or registered by a sound level instrument. When sound pressure is used to describe a noise source, the distance from the noise source must be specified in order to provide complete information. Sound power, on the other hand, is a specialized analytical method to provide information without the distance requirement, but it may be used to calculate the sound pressure at any desired distance. 2.1 Project Location The subject property is located at 1926 Swallow Lane in the City of Carlsbad, California. The Assessor's Parcel Number (APN) for the site is 215-052-13. The owner of the property is the West Bluff Condominium Association. An existing condominium complex currently occupies the site. For a graphical representation of the site, please refer to the Vicinity Map, Assessor's Parcel Map, Satellite Aerial Photograph, and Topographic Map provided as Figures 1 through 4, respectively. Eilar Associates, Inc. Job #B30406N1 April 25, 2013 Page1 2.2 Project Description The proposed project includes the installation and operation of new equipment cabinets and associated antennas. All equipment will be mounted on a concrete slab within a seven-foot high CMU wall enclosure at grade. The wireless equipment cabinets are the focus of this analysis, as they are the only noise-generating equipment to be located on site. No other wireless carrier equipment is currently located on site. For additional project details and equipment positioning, please refer to the project plans, dated January 24, 2013, provided in Appendix A. 2.3 Applicable Noise Standards The noise regulations applicable to this project are limited, and are contained within the City of Carlsbad Noise Guidelines Manual, and the Noise Element to the General Plan, which states that noise levels outside the Palomar Airport noise impact area shall be controlled to 60 CNEL at residential property lines, and 45 CNEL at the interior of residences. Another relevant document is the City of Carlsbad Council Policy Statement on Wireless Communications Facilities, dated September 21, 2001. According to these regulations, the noise limits for a single-family residential zone are 60 CNEL and 45 CNEL for exterior and interior noise levels, respectively. Although noise levels in the guidelines manual are set using the CNEL metric, which is typically reserved for describing transportation noise, the noise limits will be applied as hourly decibel limits, which is a more appropriate metric for describing mechanical noise. The proposed project site is zoned for residential use, as are neighboring properties to the north and east. Neighboring property to the south and west is generally open space, with some residential property beyond this area. Property line noise limits of 60 dBA were used for this analysis for all surrounding property lines and sensitive receivers. Pertinent sections of the City of Carlsbad noise regulations provided as Appendix B. 3.0 ENVIRONMENTAL SETTING 3.1 Existing Noise Environment 3.1.1 Ambient Noise An on-site inspection was conducted at 2:20 p.m. on Monday, April 22, 2013. The weather conditions were as follows: winds at 5-7 mph, partly cloudy skies, low humidity, and temperatures in the mid 60's. An ambient noise measurement was taken at the location of the proposed Sprint equipment, for a duration of ten minutes. The microphone position was approximately five feet above the existing grade. The measured noise level can be seen in Table 1. The current noise environment primarily consists of traffic noise, with some noise from high voltage power lines overhead and aircraft overflight. Eilar Associates, Inc. Job #B30406N1 April 25, 2013 Page2 Table 1. On.Site Noise Measurement Conditions and Results Date Monday,Apnl22,2013 Time 2:20 p.m. -2:30 p.m. Conditions Partly cloudy skies, winds at 5-7 mph, temperature in the mid 60's with low humidity Measured Noise Level 50.6 dBA LEa 3.1.2 Existing Equipment Noise There is no existing Sprint equipment on site, nor is there any other existing carrier equipment on site. Proposed Sprint equipment is the focus of this analysis. 3.2 Future Noise Environment The future noise environment in the vicinity of the project site will be primarily a result of the same noise sources, as well as the noise generated by the proposed equipment at the Sprint facility. The proposed project includes the installation of two Modcell cabinets and two EZBF battery cabinets, model 60ECv2. The maximum noise level created by one Modcell unit is measured to be approximately 65 dBA at five feet from the back of the cabinet. According to Alcatel Lucent, there are no noise-generating components in the EZBF cabinet, and therefore, this equipment has not been incorporated into calculations. Manufacturer data sheets can be found in Appendix C. In order to incorporate the measurement of Modcell cabinet noise into the Cadna analysis, octave band data from a previous measurement of a typical wireless equipment cabinet was adjusted to approximate the sound spectrum. The resultant octave band data is shown in Table 2. Table 2. Predicted Octave Band Sound Pressure Levels for On.Site Equipment at 5 Feet Octave Band Frequency Sound Pressure Level (dB) Location dBALeQ 63 125 250 500 1K 2K 4K 8K Modcell4.0 78.0 68.9 60.6 60.6 59.5 55.8 57.1 48.2 65.0 No other proposed equipment is anticipated to generate a significant amount of noise on site. 4.0 METHODOLOGY AND EQUIPMENT 4.1 Methodology Modeling of the outdoor noise environment is accomplished using Cadna Version 3.7, which is a model-based computer program developed by OataKustik for predicting noise impacts in a wide variety of conditions. Cadna (Computer Aided Noise Abatement) assists in the calculation, presentation, assessment, and mitigation of noise exposure. It allows for the input of project Eilar Associates, Inc. Job #B30406N1 April 25, 2013 Page3 information such as noise source data, barriers, structures, and topography to create a detailed model and uses the most up-to-date calculation standards to predict outdoor noise impacts. 4.2 Measurement Equipment Some or all of the following equipment was used at the site to measure existing ambient noise levels: • Larson Davis Model720 Type 2 Sound Level Meter, Serial# 0312 • Larson Davis Model CA 150 Type 2 Calibrator, Serial # 0339 • Distance measurement wheel, digital camera The sound level meter was field-calibrated immediately prior to the noise measurement and checked afterwards, to ensure accuracy. All sound level measurements conducted and presented in this report, in accordance with the regulations, were made with sound level meters that conform to the American National Standards Institute specifications for sound level meters (ANSI S1.4-1983, R2001 ). All instruments are maintained with National Bureau of Standards traceable calibration, per the manufacturers' standards. 5.0 NOISE IMPACTS Noise levels of the proposed wireless equipment were calculated using Cadna at the neighboring residential property to the north and at the nearest on-site condominium building to the east of the equipment area. Any other potentially noise-sensitive receivers are located at a greater distance from proposed equipment, and therefore, the calculated receivers represent the worst-case noise exposure, and all other property lines will be exposed to lesser noise levels due to distance attenuation and intervening structures. Receivers were calculated at a height of five feet above grade. Noise levels were calculated without considering the shielding provided by the proposed seven-foot high wall around the Sprint equipment, which will provide additional sound attenuation at surrounding ground-level receivers, but will provide little to no attenuation at second story receivers. Results of the analysis are shown in Table 3 below. Noise contours and receiver locations are shown in Figure 5. Additional information can be found in Appendix D. Table 3. Calculated Wireless Facility Noise Impact Levels Receiver Approximate Noise Limit Equipment Noise Level Receiver Location Distance to Number Equipment (ft) (dBA) (dBA) R1 North Property Line 240 60 32.3 R2 On-Site Building 75 60 43.4 As shown above, even without the proposed seven-foot high enclosure wall in place, equipment noise levels are expected to comply with the noise limit of 60 dBA at the nearest noise-sensitive properties. Noise levels at these receivers are considered to be conservatively high for ground- level receivers, as the proposed seven-foot high enclosure wall will provide additional noise Eilar Associates, Inc. Job #B30406N1 April 25, 2013 Page4 attenuation in these locations. Noise levels shown for R2 above are expected to be representative of noise levels at second story receivers at the adjacent condominium building, and still do not exceed the 60 dBA threshold. Any other noise-sensitive receivers are located at a greater distance from proposed equipment and will be exposed to lesser noise levels due to distance attenuation and shielding provided by intervening structures. For this reason, no mitigation is deemed necessary for attenuating exterior noise levels. Noise impacts within on-site condominiums would also be insignificant as a result of wireless equipment operation. Contemporary exterior building construction is expected to achieve at least 15 decibels of exterior-to-interior noise attenuation with windows opened. Therefore, in order to meet the 45 dBA interior noise limit, noise levels at the building facade must not exceed 60 dBA. As shown above, noise levels at the residential building facade were calculated to be 43.4 dBA without attenuation achieved by the surrounding wall that would be experienced at first floor receivers. As this value is Jess than the 60 dBA threshold, it can be concluded that interior noise levels of the first and second story on-site condominiums will not exceed 45 dBA as a result of wireless equipment on site. No mitigation is deemed necessary to attenuate on-site interior noise impacts. 6.0 CONCLUSION Calculations show that, as designed, exterior noise levels from the proposed Sprint equipment are expected to meet the applicable noise limits defined by the City of Carlsbad at all surrounding noise-sensitive receivers. Additionally, interior noise levels are not expected to be compromised by Sprint equipment on site. No mitigation is deemed necessary for attenuating exterior or interior noise levels on site. This analysis is based upon a current worst-case scenario of anticipated, typical equipment for this type of wireless facility. Substitution of equipment with higher noise emission levels may invalidate the recommendations of this study. These conclusions and recommendations are based on the best and most current project-related information available at the time this study was prepared. 7.0 CERTIFICATION This report is based on the related project information received and measured noise levels, and represents a true and factual analysis of the acoustical impact issues associated with the proposed Sprint site to be known as "SDG&E Steel Pole Z718327," located at 1926 Swallow Lane in the City of Carlsbad, California. This report was prepared by Amy Hool and Douglas Eilar. Principal/Senior Acoustical Consultant Eilar Associates, Inc. Job #B30406N1 April 25, 2013 PageS 8.0 REFERENCES 1. Beranek, Leo L., Acoustical Measurements, Published for the Acoustical Society of America by the American Institute of Physics, Revised Edition, 1988. 2. City of Carlsbad Noise Guidelines Manual. 3. Harris, Cyril M., Handbook of Acoustical Measurements and Noise Control, Acoustical Society of America, 3ro Edition, 1998. 4. Harris, Cyril M., Ph.D., Noise Control in Buildings, Original Edition, 1994. 5. Hirschom, Martin, Noise Control Reference Handbook, Revised Edition, 1989. 6. Irvine, Leland K. and Richards, Roy L., Acoustics and Noise Control Handbook for Architects and Builders, Original Edition, 1998. 7. Knudsen, Vern 0. and Harris, Cyril M., Acoustical Designing In Architecture, American Institute of Physics for the Acoustical Society of America, 2nd Edition, 1978. 8. Raichel, Daniel R., The Science and Applications of Acoustics, American Institute of Physics Press for the Acoustical Society of America, 1st Edition, 2000. Eilar Associates, Inc. Job #B30406N1 April 25, 2013 Page& ------------------------------ FIGURES • EJ • Potn&ent:. Cotrm~tf\to P.lrk "tl ~ 2 ~ ~ P ftftCR•th z Fl m•nt.1 v 2 S :u· ;; v m \..acostilAvc -z-. Eilar Associates, Inc. 321 Willowsprlng Drive North Encinitas, California 92024 760-738-5570 Carlsbad ,A..-tltrl\ GotfCiuh Bui!Qv!IOS L gOO" + MeG el ar PabT ar Ar·ro- • l l"t-> t)l 7!"'1• • .------- Project Location • • Brf"&~ SquarP. p ).t'"tl.) Fl'-'t•l qt,t·v ~ P ],) P.1 r· • R,.. rl s"" ., '"' 1 ct" ,_, e t!2 ~~-., t e ,, PL,7,l '.i' :•1·''' Cr-t t ... r A.q.l Rrl c!:a Fl ( ~~_,,. I p .. I ... I. C ~~.t" .:.,'~ Vicinity Map Job #B30406N1 ~ La C<>M• CouotryC rh Pnmto~P P•rk • La C<>Ma t.'t~.li10wf. Fufl'rtP. • PArk La Co•.ta Can~on Pa" • ~.it F -111 nr.t y S t-~u~ c.) ~ • St"'tnonf. Fam y Park laC sta Q,lk~ r·h Mop d•l• @2013 Googlt · Edit in Google Map Maker Rep< Figure 1 San Diego Co nty Assessor's Parcel Number: 215-052-13-00 Eilar Associates, Inc. 321 Willowspring Drive North Encinitas, California 92024 760-738-5570 Assessor's Parcel Map Job# 830406N1 Zoning & Property Information Assessor Parcels D Current Zoning (2011 ) Multi-Family Residential; Agriculture Commerical and Office Industrial Residential Mobile Home Rural Residential Figure 2 Eilar Associates, Inc. 321 Willowspring Drive North Encinitas, California 92024 760-738-5570 Satellite Aerial Photograph Job# B30406N1 Figure 3 Image courtesy of the U.S. Geological Survey Eilar Associates, Inc. 321 Willowspring Drive North Encinitas, California 92024 760-738-5570 -., ~-·-· Topographic Map Job # B30406N 1 I ··. Ima ge courtesy of the U.S. Ge ological Surve y Figure 4 Ellar Associates, Inc. 321 Wlllowsprlng Drive North Encinitas, California 92024 760-738-5570 Satellite Aerial Photograph Showing Equipment Noise Contours and Receiver Locations Job# 830406N1 -> 45.0 dBA -> 50.0dBA -> 55.0 dBA -> 60.0 dBA -> 65.0dBA > 70.0 dBA -> 75.0 dBA ~ -> 80.0 dBA -> 85.0 dBA Calculated 'Mreleu Facility Noise Impact Levels Receiver Equipment Noise Number Level (dBA) R-1 32.3 R-2 43.4 Figure 5 • APPENDIX A Project Plans, Dated January 24, 2013 STli\JCTURE ,, TIE-UN£ f' R/W ,, .,. ,, ... ,, Z718J27 23011/13805 31560 215-052-13 SIGNATURE SDG&E LEGEND DATE I ""g~ltd I ..... I c..,/ VICINITY MAP I.'.: 'I:"'-"" ~ Sprint· SDG&E STEEL POLE #Z718327 SD34XC861D 1926 SWALLOW LANE CARLSBAD, CALIFORNIA 92009 PROJECT DESCRIPTION Appt !CANT/! FSSEE -310~11.111t200 IIIMNtCA.~ CCINmCT: Nit fC.Wl. --PROPERTY JNEORMAT!ON """'"" ,_ /1/fEA or COftS1'1iiUCl!C: OCCUf'llfriCV'moE: .,....,.,.,._ """"""""""" ...,.....,_ ........,. ...... Clll!t..SIWI,CAI2001 1.€111£-Y (7$0)~1Xllll :MOSQ.FT, u .... Ntlft'JH,PC,WT:~ '11['51': L-c, IDl1I'H: R-D-111-Q '""' T1 T2 LS1 A1 A2 CODE COMPLIANCE A3 A4 A5 A6 A7 L1 L2 L3 L4 -TrTlla!m .............. _......., ....... .._, ........ QEHERAL PLAN LAND USE: : RLM ZONINO DESIGNATION: PC ZONINC APPIJCATlON: CUP 12-13/ SUP 12-02 ""'· ' ' ' ' ' £0UPI,IENI'·~t.AYOIJT ' """"""" ' """"""' ' "'"" ' _ ..... ' ,_,.. ...... ' ....,... ....... . ,_,..,.... ' ....,..."""" ' Sprint" :,.-=. ~~.:.~ IUIT! too ~.INFOI!IIATION' -::;~j~~~61b I SDG&E STEEL POLE #Z718327 19215 SWAllOW LANE CARLS8AD, CALIFORNIA 92009 SAN DIEGO COUNlY rruw:m ISSUE DAl8 I 01-24-13 II SSUEO FOR: L.-m=~.:~,_J J 01-24-13 PlANNING COMMENTS RU 2 OS-02-12 SOGAE REDLINES ARC 1 OJ-29-12 1 OOX ZONtNG ARC 0 03-14-12 QO~O.EWFOR ARC UNS PREPAAED Iff' MSA Arcb.itocmre .A-PlluJ.aiDJI ~:, "::. ~~,2~~· C1 pn 949.2s1.11n ru i41.211tt120 lllnlllllll • SMOiego • Sln,fanailoo --~-OO<SUlTANT' )epratti ) ...-~\ \ / '\ \ \ '\' \ "\ "\,\ \ 'l \\ \ \ \ \\\ \ \ '\ \ \ \""' '-..... \\ "\,\\\~ ~ \ '-..... 'l \\ \~~ \ '\, ~ \ '>'l,, SITE PLAN \ \ \ \"~\ \ \ ', ~ \ \ \\ \ \; \ \ ~'\, \ \ \\ \ '<::" \\ \ \ \ \ c; \, \ \ \ -y\' \ \ \ \ ~ '\' \ \ ~ \ \ \ \ .,_... \ \ \ \ 0 ,, \ \ \ \ ~\\ \\ \ \ ~ ,, \ \ \ ~ \\ \ \ \ \ \\ \ \ 0' / \ ,, \ \ \,.. \ ' \G~ ~ Y \ \ \,\ ', \ ~\ \ \ \ \ ,, \ \ \ \, \ \ ~ \ \\ \ \ '\ \ \ ,,,,~ \ \\ \ \ '\ \ \ \\\ \ ,, \ \ \ \ ,, \ \ \ \, \ \ ~ \ \\ \ \ '\ \ \ ,,,,~ \ \\ \ \ '\ \ \ \\\ \ ,, \ \ \ \ ,, \ \ \ \\\\\\ \ \ \\\ \\ \ \ ,\ \\ \', Sprint" [ ECT INF'ORWAllON' SDG&E STEEL POLE #Z718327 1826 SWAllOW LANE CARLSEW), CAUFORNLI. 92009 SAN DlEGO COUNlY 3 01-24-13 =~ RU 2 05-02-12 SDG&:E REDUNES ARC 1 OJ-28-12 1 OOX ZONING ARC 0 03-14-12 gosRiv~ F"OR ARC S PREPARED BY: (E) SOG&:E 125'-4• HIG~ El POlE fZ-718327 ----+---"./ Sprinf 01-24-13 II SUED FOR: .:-~:=~~ON:==av:] 3 01-2<4--13 PLANNING COWMENTS RU 2 oe-02-12 SOD&£ REDLINES ARC 1 OJ-21-12 100K ZONtNG ARC (P) "VALMONT-t.llCROFLECT'" TRI-SRACKET 'MTH ANTENNA MOUNTING PIPE (1 PER SECTOR, J SECTORS) (P) SPRINT RRU EQUIPMENT WOUNTED BELOW PANEl ANTENNA (1 PER SECTOR, 3 S£CTORS) SEE DETAIL 3/M SBCTOR'C' AZIMUTH 250" ..,. (E) SOGdcE 125'-""" HIGH STEEL POL£ fZ-718327 (P) """!NT LANDSCAPE SHRV!ISI'"i:'; J SBCl'OR'A' AZIMUnf 20" \87 (P) SPRINT COAX CAEJL RISER NCIUNTED ON FACE OF ~ (P) SPRINT PANEL ANTENNA (1 ANTENNA P£R SECTOR, 3 S£C11JRS) sa: DETAIL 2/Nl ... SECfOR'B' AZIMUnf 90" EXISTING POLE fDN. BELOW Sprint" 01-24-13 II 3 01-24-13 PLANNING COI<MENTS RU 2 O&-Q2-12 SOG&:E REDUNES ARC 1 ~-2t-12 1 OOX ZONING ARC 0 03-14-12 ii»CR~orw FOR ARC NS PREPARED BY· MSA Am/JJ-.ure ... -ro:to ~ ~,~. C1 pn ~251.1177 !aa Mt.Ht1'110 ....... llnDltgD. S.llrancitco .,...........,... .. C!IIm ONSVLTAH't: )epratti ) EQUIPMENT & ANTENNA LAYOUT (E) TREES---- (P) SPRM EQUIPMENT c..B<N£TS MOUNTED ON·----, CONCRETE PAD WmfN A (P) 7'-2" HIGH CONCRETE BL.OCK ENCLOSURE WITH sTUCCOED EXTERIOR FINISH &: PAINT COLOR TO MATCH EXISTINC RESIDENTIAL SLOGS. (E) SOUTH ELEVA T10N (E) SOOOo£ 125'-4" STEEl POU: fZ-718327------d (E) SOO.E POU: CUMBING PEOS (TYI'.J-----.. .r-----(E) SOO&E 125'-4• HIGH POLE #Z-7163.27 (E) SOG"E U11liTY POL£ ARMS & ELECTRICAL CAIII.ES (TYP.) (P) SPRINT EQUIPMENT CNJNETS MOUNTm ON CONCRElE PAD WITHIN A {P) 7'-2• HIOH CONCRETE: BLOCK mcLOSURE wrTH snJCCOEO EXTERIOR FINISH 1: PAINT COLOR TO MA-TCH EXISnNG RESIDENTIAl. BLOCS. (P) CHAJN-UNK UD f-----++------(E) BUIUl<NG (BEYOND) F1N. GRADE ~ 2 SOl1TH ELEVA110N-EOUf'MENT ENCLOSUFE Sprinr 01-24-13 II ZONING _ ~ .. ~TE:=oESCRIPllON:--!1'1'. " 01-24-13 PlANNING COMMENTS RU 2 021-02-12 SOG&E REOUNES ARC 1 03-29-12 100X ZONING 90S ZDs FOR ""'EW ""'' "'" I A4 WJ EL£V. 70'-2" (E) SDG.!<E 120'-4" HIGH STEEL POL£ #Z-110"27-----, + ~.o~2Ar~4¥JG.O<E POLE (E) SOC.£ 12!'-4" HIGH mEL POLE IZ-?18.127 lb' 2 EAST a.EVAllON-EOUIPMENT (P) SPRINT EQU!Pt.I£NT CABINETS MOUNrEO ON CONCR£l'E PAD 'MTHIN A (P) 7'-2• HIGH CONCR[f£ BLOCK ENCLOSURE WITH STUCCOED EXlERIOR FINIS~ A: PN!'IT COLOR TO MATCH EXISTING RE!UOENTIAL BLDOS. FlN, GRADE Sprinf 01-24-13 II 3 01-24-13 PLANNING COMMENTS RU 2 0~-02-12 SDG&:E REDUNES ARC 1 03-20-12 1~ ZONING ARC 0 03-14-12 !WX~EW FOR ARC ELEVATIONS A5 APPENDIX B Pertinent Sections of the City of Carlsbad Noise Guidelines Manual CITY OF CARLSBAD Noise Guidelines Manual SUMMARY The following is a summary of the most frequently requested City noise policies. lnfonnatlon contained in this summary is described in mora detail In the body of the Noise Guidelines Manual. Besldentlal Exterior Noise Standard It is the policy of the City that 80 decibel dB(A) CNEL Is the exterior noise level to which residential units must be mitigated, except that for areas impacted by McClellan Palomar Airport shall be mitigated to 85 decibel dB(A) CNEL Besldentlal lntertor Noise Standard Interior noise levels for all residential units shall be mitigated to 45 dB(A) CNEL when openings to the exterior of the residence are closed. H openings are required to be closed to meat the Interior noise standard then mechanical ventilation shall be provided. ]bresbold for Reaulrlng NoiH Repona on Residential Pmlect A noise report shall be required for all residential projects wlhln the following noise raferral zones (refer to the Carlsbad Future 2010 Noise Contour Map Flgure-i or see the 1000' scale map1 provided at the back of this document): a. Residential projects requiring a discretionary penni containing five or mora dwellng units or any multiple family dwelling units located within or 500-feet beyond the 80 dB(A) CNEL noise contour line of the Noise Contour Map approved as part of the Carlsbad General Plan. b. Within the McClellan-Palomar Airport 80 dB(A) CNEL Noise contour line as shown on the 1996 Noise Contour Map of the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP) see Ftgure-li. 11000' scale map will be included in final document only. Summary i APPENDIXC Manufacturer Data Sheets Lucent Technologies Bell Labs Innovations 0 Memo Su~~:Modcell 4.0/4.08 Outdoor Macrocell: Distance Based Roise Attenuation date: 4128106 from: Loren Holihan CDMA Product Management WH3A-331 Voice: 973 386-4783 holihan@lucent.com The following memo is intended to provide information pertaining to distance based noise attenuation for the Modcell 4.0/4.0B Outdoor Macrocell. General notes: 1. Conservative calculation: Drop 3dBA each time the distance doubles. 2. At some point (distance) away from the noise source the attenuation goes up to 6 dBA. However, for the table below the 3dBA attenuation was used to provide conservative data. 3. Currently the point at which the attenuation goes up to 6 dBA is unknown due to the need for testing to verify. But at 30 to 40 feet the noise level would not be materially different from the numbers presented below. Attenuation Table CABINET MEASURED Calculated Calculated Calculated AXIS NOISE (dBA) Noise (dBA) Noise (dBA) Noise (dBA) at a distance at a at a at a of 5 ft distance of distance of distance of 10 ft 20 ft 40 ft FRONT 61 58 55 52 RIGHT 61 58 55 52 BACK 65 62 59 56 LEFT 60 57 54 51 Intermediate distance calculations: At a distance of 30 ft, front = 53 dBA, right = 53 dBA, back = 57 dBA and left = 52 dBA. At a distance of 50 ft, front = 50 dBA, right = 50 dBA, back = 54 dBA and left = 49 dBA. If additional information is needed please contact: Loren Holihan Modce/1 4.08 NPI Mobility Product Management (973) 386-4783 Phone (973) 386-6427 Fax (973) 713-6843 Cell e Product overview for 9928 Distributed Base Station Outdoor cabinet 60ECv2 battery cabinet overview 60ECv2 battery cabinet overview 60ECv2 description 1 nts toptc provtaes a aescnptton or me out•-ev L. oanery caomet. The optional 60ECv2 battery cabinet provides battery backup for the 9928 Distributed Base Station Outdoor Cabinet. The 60ECv2 battery cabinet can contain up to (20) 12IR-145 batteries. Up to two 60ECv2 battery cabinets can be installed to the right of the I.JI.JL.lS Vtstntmtea tlase ~tatton Uutaoor Cabmet. Hole for Padlock (Top View) 0 0 9928 Dist BTS OUtdoor 401-703-732 Issue 6 October 2012 0 0 Rear VIew 25 mm' (# 2 AWG ) Ground/Earth Lug to Ground/Earth Bar (2 Places) Alcatel-Lucent -Proprietary Use pursuant to applicable agreements 2-17 e Product overview {or 9928 Distributed Base Station Outdoor cabinet 60ECv2 battery cabinet dimensions 60ECv2 battery cabinet overview The following diagram shows the weight and dimensions for the 60ECv2 battery cabinet. 2-18 762!/ /(30"1 _J!__ -------- 152 4 em (60"1 • • • • I. 787cm I J+"-(31") ---+1 -Cabinet shipping weight: 193 kg (425 lbs) -Fully equipped cabinet with 121R145 batteries. Weight: 1,093 kg (2,4051bs) Alcatei·Lucent -Proprietary Use pursuant to applicable agreements 9928 Dist BTS Outdoor 401-703-732 Issue 6 October 2012 APPENDIX D Cadna Analysis Data and Results EILAR ASSOCIATES, INC. Acoustical and Environmental Consulting Cedn• Noise Model • Sound Levela Name ID Type Oktave Spec:trum dB) Source Weight I 83 I 125 I 250 I 500 I 1000 2000 1 4000 I aooo I A I lin Mod cell L 1 Lw (c) I 92.6 1 83.5 1 75.2 1 75.2 1 74.1 70.4 171.71 62.8 1 79.6 .I 93.4 Mfr/Meas Page 1 of 3 EILAR ASSOCIATES, INC. Acoustical and Environmental Consulting Cadna HolM Model· Point Sources Name 10 Result.PWL Lw/U Height Coordlnetes Day Type Value X y z (dBA) (m) (m) (m) (m) Modcell Cabinet s 1 79.6 Lw L 1 1.52 94.42 72.47 1.52 Modcell Cabinet s 2 79.6 Lw L 1 1.52 96.08 71.80 1.52 Page 2 of3 EILAR ASSOCIATES, INC. Acoustical and Environmental Consulting Cadna NoiH Model· NoiH Levels at Receive,.. Name 10 LeveiLr IHelaht Coordinates Day X y z (elBA) (m) (m) (ml fml North R 1 32.3 1.52 94.35 146.10 1.52 On-Site Residence R 2 43.4 1.52 117.58 65.56 1.52 Page 3 of3 ' . • Sprint Photo Survey Swallow Lane Sprint Swallow Lane ----------------------------------------------------------------- SD34XC861 - D SDG&ETOWER TOPO! map printed on 09/08/05 from "Untitled.tpo" z 0 0 Co ~ 1'<---:iili?-"'-'<=:::= (Y) (Y) z 0 0 ~tJ~~~~~~I',«{~ 0 (Y) """"'"•'-J'M (Y) NATIONAL GEOGRAPHIC IIDJ '!m ~ 1 .5 liD) WGS84 117°15'00" W MllfS rnr ~ ~ 5!pl FEET KtOMHERS I MHERS liD) 09/00/05 Proprietary Information I SD34XC861 - D SDG&ETOWER LOOKING NORTH AT TOWER FROM SWALLOW LANE Proprietary Information SD34XC861 - 0 SDG&ETOWER LOOKING NORTH AT BASE OF TOWER AND ACCESS FROM SWALLOW LANE Proprietary Information SD34XC861 - D SDG&ETOWER LOOKING SOUTH AT TOWER Looking East At Tower ---, Proprietary Information SD34XC861 -D SDG&ETOWER LOOKING SOUTH FROM TOWER Looking East from Tower Proprietary Information SD34XC861 - D SDG&ETOWER ----------------------------· ------------------------------------------- LOOKING NORTH FROM TOWER Looking West from Tower Proprietary Information April3, 2013 DonNeu Planning Division-City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 9201 0 CITY OF CARLSBAD APR 08 2013 PLANNING DEPARTMENT CERTIFIED RETURN RECEIPT & REGULAR MAIL RE: West BluffNorth BOA/Sprint PCS Agreement Dear Mr. Neu, I am writing at the direction of the West Bluff North Homeowners Association Board of Directors. It is hereby requested that you please re-schedule the hearing for the Sprint PCS and West Bluff North's Equipment Room Public Hearing currently scheduled for May 1, 2013 to a date between June 3, 2013 and June 14, 2013. The reasoning for the postponement is to allow the Board of Directors and Tim Henion of DePratti Inc. to meet on site to discuss a new location for the Equipment Room. Should you have any questions, please contact me at 760-603-9404, extension 115. Sincerely, FOR THE BOARD OF DIRECTORS ~/1 /~' ~/L/1 Leslie Holiday, CCAM ~ Community Association Manager cc: Board of Directors Tim Henion of DePratti Inc. Sprint PCS File • (760) 603-9404 • Fax (760) 603-9496 • email: audrey@BrunerRosimgt.com • Bruner & Rosi Management, Inc. 5651 Palmer Way, Suite A Carlsbad, CA 92010-9404 r------------------ June 13, 2013 Greg Fisher Planning Department City of Carlsbad Dear Greg, Please find attached 29 petitions executed by WBN homeowners approving the new location west of the tennis court (as noted by the yellow tack). We just received the new location drawings -which provide detail regarding the equipment building and sidewalk -from Sprint, and have forwarded them to the homeowners for comment. Thank you for your continued help in this matter. Maureen Whitmore (760) 419-7919 Revised S~ Equipment Room Site Location West Bluff North June 12, 2013 Homeowners who signed Notice of Change (mailed in May 2013) Notice Unit# Homeowner 1 1912 Donald & Leona Edic --~-----·--···-~-·····-·--·- 2 1914 Margaret Richardson ---~------ 3 1916 Donald & Leona Edic --~--· ---------~---- 4 1920 Taylor & Maureen Hill 5 1922 Suzanne Uecker -------·-----·-·· 6 1924 Elizabeth G. Malubay 7 1926 Helene Allen -· ----· --------------~-----. - 8 1928 Curt & Kristi Leach 9 1936 Mark & Maureen Whitmore ------- 10 1937 Tracy J. Wright f------- 11 1938 Ben Holbert f-------------f-----~------ 12 1940 Ellablanche Salmi f-----·--------- 13 1942 Larry Lauber ----------------~---f---- 14 1950 Garrett & Tracy Salbato 15 1951 Daniel Reid --~---------16 1952 Michelle Parman f----------1-- 17 1954 Stanley Sopczyk ------------------------~- 18 1960 Lorraine Thompson 19 1961 Francesco Dorigo ---------------~------------·---·-----------20 1962 Brian & Nicki Winfield f-------- 21 1964 Pauline Telfer-J&E Inc -------- 22 1965 Drs' Jeff & Kari Knowles 23 1966 Deanne Clark 1------------1--- 24 1967 Pauline Telfer-J&E Inc 1---------- 25 1969 Firouz Bahramizadeh -------- 26 1970 Eric Fagan f---------------·-· ...... ___ -------------------------------27 1974 Carol Surprise --------------· --- 28 1976 Art & Lois Serrin --contingent Board & 26 HOs approvals -----·-·· 29 1979 Pia Labos West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint{Next~l ~f~~JF;~~.""m\picatJon equipment room. Please Complete in Full: Owner's Name (Print): D v V\.4(.J F... {, Lee }'\4' /V1 · £c/1 L- Owner'sSignature: :di;~Jl~~ · - Swallow Address: • /Cf /2 Y-t.J .:.-:P.-1/.~rz-c../' .La t.rt <. . ' ! ' • ·• ---·· -. 1 . Mailing Address, if different: ________ __;;_....;.._ ____________ _ Phone: -L{?L!t:.(:~t-,L.) -)lj~3:.JLj_----~.'f~3~2-/--....L---:-. -_, ·_• ------- Email: -~&.;~<6ur-'-1L~1_!.J~e:!..,__:1 {fs:.:c'~? ~6::::::..!.-i.:...:.~1..:..tl_.~.//:___:__, _..!:~:::::=:_--==·-------- Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 BenH@rsf.kl2.ca.us or Maureen Whitmore {760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name (Print): ~V\ 11-R.t,-r\-1"?1 Th. r-\Lt't rt-rl. rtS D fl Owner's Signature: A1:. ~ .. Y~u---..~·~ J Swallow Address: _ __ji~.,__VJ.L~ _ll.f--'·~.,__-=$_· _~->_Y_:\~l-_L.::::....::t::._: C:.=:.J:.___k....::...:....:J\-__:_:::1\./_· _!:::!:::.__ ________ _ Mailing Address, if different: _;_) _j.l-!7_D=---_S_I....:..l-_V___:_f.,!_Y(....::..:=I-:...::C=-t1---=-r--c.___!;l....:.~_c_. _1.. :::.t='_.!_r-~~--'I!.,_,__J~iL.....!1....:::·i;; Phone: CJ b b I t> 4 I~ rr 3 ~ 'l b 0 f( otl .\ )_ 66 Email: .hiA~B r~Ot-~ 0 ?fv--J I C~u Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court} for the (20' X 12'-8' height} Sprint/Nextel wireless communication equipment room. Mailing Address, if different:----------------------- Phone: --!o....{..!.,_??.L..,;·L::::....·I-) _4..__, 1..:...JL...:S:...._··----J-f~J:...._2_. _J ---------- Email: ~{_,': d'+-L;-4,L---tf=t-. _. .L:.L::::..' (:::~·-'-/--lo.€..,.~··__.· . ._:f.~-· ·_it_·~_..rt_r r"--/---',---'-{_....>:c-'-" '-'-------· ------- Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 BenH@rsf.k12.ca.us or Maureen Whitmore {760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: OwndsName(Prin~ ;:~~~1G~LL Owner's S1gnature: Ltll ,\__ J \ \ I . ' Swallow Address: \ C\ 20 Mailing Address, if different:---------------------- Email: \l\5-e~@ ~ C\ttfX) . (0\'Y\ Return To: Maureen h1tmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Questions? Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name (Print): ~\A 2 A rJ NE U....E ('!__ ~f?" a_ Owner'sSignature: -e:4~ t-(! ~ Swallow Address: fq)'L. ~WA/.LOIA.J LME . C.4Zt..[f/I..A I Mailing Address, if different:---------------------- Return To: Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Questions? Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Signature·~~,.:...Ut:..:l,.~~..:.._-=-:.....:.drJUu:.<.::~:::::::~---------:--,.-- Swallow Address: lGf j 4 ~l) e£rtl&,/~OQ [I) · q '4-Y:>) Mailing Address, if different:---------------------- Phone: _2lfp.&....><::.._C-=----> ---=~=-C_J 3-'--·_-7_q_;_-,_'5_'J_-_~ ___________ _ Email: ____________________________ _ Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760} 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760} 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side ofthe tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. :::::~N~:.::::~e i~. ; , : Owner'sSignature: ~~--- Swallow Address: _ ____._(_._?...,_~--r=-..,~=--"""'$t=-....I£.W""--=~--C(-T1/6f--"W"--'---~'-Ja~-~IV?---:;___ ___ _ Mailing Address, if different: -----;G ....... $"""""(2'-~=-=-=-f) ____________ _ Phone: _J&~tl_--=-:J-~I/-_:;.;.----.--8_.8t___,~8::____ _____ _ Email: -~k_q.:...!::..-5:::::::..__:__:/ Yi-=--()lA--==@=---=--~_.'h_VlCL{----'-.. _,___( ··-~------ Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 BenH@rsf.k12.ca.us or Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court} for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. I Phone: dfv <ttf]-lt.f~?>1 Email: K.ris-~r+ ~ tvt~tt.ccm Return To: Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Questions? Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name (Print): /l/(4,-J::_ r ~At-t /'~~ W/.~ f./r.pra.- Owner's Signature: Swallow Address: / ~ ..3 t', _::::~,<.) P [ /t:>?J Mailing Address, if different: /-.? V /dt!/<.dtJ~,J i-tJ~od /'/ t;;:; v ~,2. ~ Phone: --+(_-;;.:...__L,_;_. ?J~)~_C-?:_7_,L~-=-'2-=----::::.._s-;_:/_Y"---"-.2.-=----------- Email: ---~CY)-=--..uu~K~-·.!,_r-_.Jt:=d':...:.......-t~...:.r---=e-=-~~~_.:_/'"Y\ __ d_-~· -=C':_· ?==-'-=-/'Y"\--=--::.._ ____ _ Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 or BenH@rsf.kl2.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: ·---;-, I Owner's Name (Print):-----"-·'--'/'-<-""', ...... ~....:';_'>'.:....' _ _,,.LI _ _,W:.;::....,..!i.~· I....::{,.:::..Jf'-'--. '--,-_________ _ -~= C'J. ~~~ A Owner's Signature: -------"'/-~--""!.· __ _._____.t. .... d::;;.;;._\->r+'-----------//'1 ;: Swallow Address: /1 J 7 .5v<.JG I t.l;...) A'-''"'-' Mailing Address, if different: .f l 7 k1 Jc.; J "-/ c-J.J v~ u ; . " rv · /, Phone: __ ( q_;__; .;....;1 ):....___3_7_~_-_/_7_7_~-------------- Email: ___ __:_r_.,' ... o~-L_VIi __ , cl.._· _9_-.... e"-··_c.-.J]'-t-')1'-"'--'-'...:.../__;_,_C_..t.._t-_~------------ Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 BenH@rsf.k12.ca.us or Maureen Whitmore (760) 419-7929 MaureenRE@me.com .e ( e West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name (Print): ---1b~k,_,_·v'\_,___Jkllit---t--¥.'f'-L-'--T-'.::>\ '7--' _ _,__(±-'---------- 0wner's Signature: ~ ~ az/' 7 Swallow Address: ~+1--,ff----')<L.L-____________________ _ Mailing Address, if different:------------------------- Phone: \~0 ~-t'.Lf -~<j b ~ Email: t')Q_{\L ... @ cs£. f::;J' C.ei ,1.,1\) Return To: Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Questions? Ben Holbert (760) 845-2363 BenH (@:·sf. k12 .ca. us or Maureen Whitmore (760) 419-7929 Maureen Rt (cl!nic: .cur1·1 West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: ~~ . r~ Owner's Name (Print): __ ___,C.:_· ---<-L-'1 A-"--"b'-J..:...,dc...;...:._.l=ck_<=-___,\~J=--;:..__-'-1/!'-'-, -'-' --------- Owner's Signature: ___ ...:::~~,...· "'"·u_=~-z:=..t/'--=c;___,=-.;;d_"'_~_· -~---~--· _______ _ Swallow Address: ____ __:_1_1:._'...:...lf...:..o ___ ~_c_~J_·IJ_I _/ i'_uJ __ J_. _-t.J ________ _ Mailing Address, if different:---------------------- Phone: ____ -f__,__:::....:to"'--,.--''1.3~/ --{,-+-f ........ @_·------------- Email: ----"'-L ..... .f~1o4.L.....a.· """"'<Z...,d~41"~"'~· .... @;;....<.... --'-/} ..... ~""'-. ...L...:;..l..__· ..:::>o<::.lo ....... ~"""""" ....... '"""¢-6"""' . .!-ln-=__;;__ ____ _ Return To: Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Questions? Ben Holbert (760) 845-2363 or Maureen Whitmore (760) 419-7929 BenH@rsf.k12.ca.us MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in F,ull: / owner'sName(Print): !--,1..J?;fr Lc-4 cJ lfJ-r~ Owner's Signature: _____ c;;_;_t~-------'-~-------------- Mailing Address, if different:---------------------- Phone: __ ___.L......,_"?-<:.7&:....=__ ..... _\f_7-_G~c_ ...... _?_____;3~4_Lf-+--------- Emaii:_--=L=--~...:......·~--'-y?A __ u_4_c:-/2_~_-_H_~_C_;_-_· _e_c_N ______ _ Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Swallow Address: Mailing Address, if different:---------------------- . ) ~ ~ Return To~ Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Questions? Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore {760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side ofthe tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name (Print):--~~-IE.'-_.__---"-L--"'-""::~:~:~~~~~Re~~::....--_-_ ...... L_D .... _=_-_-__ -_-__ -_____ _ Owner's Signature: ---~-----"" __ .......,.=--7,...._'---------------- Swallow Address: ----1\i.-j-+--=sl'---___ 5_u-/_~---='-\-.:......::u0'--------------- Mailing Address, if different:----------------------- Phone: --=1~(;;,_0_~-=-J-=-----b_Cf"'--"5'---"L%:::...___------...---- Email: ______ JL-L-v:_..._:.e........_Jb.-..d--t-'e~/8.c-::O::......::n'-L....Io.e.....__,_rf-+/1_....~-=(f_::_S-=--.. ...;;:_~...;__- Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 BenH@rsf.k12.ca.us or Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: r-J Owner's Name (Print): /11 the II£ fitr man Owner's Signature: rf!i~ ~f1}1/jJ'f-.-' Swallow Address: _./'-tfl..:....:...~-~-------------------- Mailing Address, if different:---------------------- Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name (Print): ....,c-_~-_,.-:;-+.-·-,_-'--~_,_' (_j-f-----'----:--...:=.---f--='---r:--~---_____ _ Swallow Address: I y r v Mailing Address, if different:----------------------- Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 BenH@rsf.k12.ca.us or Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name {Print): ~ .,..,..-&.:.(1.~ ~ J1:: 'tlfA.f:?Crll ~£>~-~--Owner's Signature: ----+.~~~:.L.-=--=---"-~____.:;~-----¥----------- Swaffow Address: / tf le 0 fl~t> v-1 k..n .£--' Mailing Address, if different:---------------------- Phone: ____ ---:Jr---k=:..-'!!>_·___.i:....=:~'"""'/_·-=--/'-"9P£:;....:.'------------- Emaif: _____ --J/~pf.L.I...,~oo~rA'!!..!4'f"".s~4>:::.LI2L.J.!.,.~:,...3:.....3'+@;:::.-.~<¥+-n:..La~;)_.J.,c...::C.::...ioo~&~----- Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com ,--------------------------- West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Swallow Address: / q 6 / S:;>t 1).~ l /..._() { )(,k._ L %6;t:/J, ( ;( , Mailing Address, if different: {( 0 't .. PA ffH l fet {_) [£. C .?t ~ { jc /> .-Lb / U / <j ~ t' I { Phone: 7 6D ,.£-7/-4Z4''f Email: [i<. A (f R {HI A ;.{d.' 1A lice · LC 17 T Return To: Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Questions? Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Mailing Address, if different:----------------------- Email:------------------------------ Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 BenH@rsf.k12.ca.us or Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval • Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name (Print): ~ ~ E J:..t-l c._ Owne(s Signature: ~Ilf~: ~ Swallow Address:b~ ~ ~\) ~ Mailing Address, ~different: \'} l~rt\0\\-\,t ?L \( \~ CA ~o~ 3 Phone: '\\leO o'O\ -efJS ~ Email: V\r=.L1="E:K:_,3~(i)'i. 't)E"C Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert {760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore {760) 419-7929 MaureenRE@me.com r-------------------------------------------------- West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: owner's Name (Print).=---,X S :se __ Mailing Address, if different: ____ -_1.~...-) ....:;-~C::::· ·._' ~--b~k~c=-··· ..:...'1 __ (.:::~=--==---t)=\------ G~·L~)~xV C2~ c(2ct<C Phone: _..-----,-+-/...,.lff"'--· """'[_; _.---_c__._·H:-:.·' =·--=~---L_'1"-"! 5------~~--· "-l_,_j __________ _ Email:------------------------------ Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 BenH@rsf.k12.ca.us or Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location {on the west side of the tennis court) for the {20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name (Print): ------.,::-I'x_J_C\._11\_\\JZ---'-' _(_\"""6:_. _{...;_\<.. ____________ _ Owner's Signature: ____ -...,1r-=-c;;_:...e-'"'.-L-=--U __ -L-______________ _ Mailing Address, if different: __ .....;:2=-l'--0;:;__...::-D:::....:..::rct"'""'""~-l \..u.w ..... -,___\_{)=-\"'-'~-'-'~""'c\,___(<.:_d""'·'--'-. ______ _ ["rtt"'C¥ ~ L" r\ l r I. 3 '2l ~ Ct Email: ____________________________ _ Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name (Print): :-~ --r_~ c__ Owne(sSignature' ~jf.,l,.(l :~. f:OIC_ S''I-L Swallow Address: C , ;; \ Ll\ \.)~ Mailing Address, if different: \'7 I\] :ci mar h "{ £L. ~ ISffi (2P\ q~663 Phone: \]0() ({2 3l -~;/ocfA Email: yr£l!=Ee.S O®A · oeJ Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: owner'sName(Pnntl: ~(ZQ0b ~o Owner'sSignaturX (. \7~~~ ' <:::::: SwallowAddress: \O){oC) ~ ~./ / Mailing Address, ifdifferent: Ll]o ~ ~ r Ul~ <PetAL< t~ tocx:~>s') Phone: CV-f]-) tt~1-lJoSi- Email: ____________________________ _ Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760} 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore {760} 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12' -8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: ,--" Owner's Name (Print): -~:........:....(_1....,(_,-:;--'-//-+-~f----'---------------- Owner's Signature: ---7'---7.~-------:------------------ Swallow Address: .:..:::/_--_--+t-t1..:..__;.]7>_~~w-=-.~tt....:...a~o,J;__----'-'L~&.e_-=----------- Mailing Address, if different:----------------------- Phone:_~2-b0--l.£-!_t (_< ~5 )'---'{__._(_...-: ----- Email: _ ____..e-"-'~-f..c_,..-~.p-:.C=-(\~~=¥-'-~-=-..:....:.{....:J...C~dfh.---=----------- Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 BenH@rsf.k12.ca.us or Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Mailing Address, if different:---------------------- Phone: _]...k.JC.a::..:~~D=:..-'· -~...;;;._-~0_:::3-_-{--=..::...f-(--J.-j --------------::-------- , '( /\ ,.......... Email: _ ........ e-=oc..:....ff.L.::>o<.~ ..... S,_,u~r-fpa~·ea:::r-:· O>::.-'f,:::.,.J ,......·mu.:Ct=· ..:...J~ .__·_,(""'"J/Y\.....:......:.../_____:: '--=--------- Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore {760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room location Approval IP @'tl17~f) Good News! The City of Carlsbad and Sprint have agree~elocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Swallow Address: _!/-l9t-~.!..!b~5~wl..:....:....:=-::::....:...._--=:..:..:..:... ___ .=:....,...:=ilo::::._,c;_L..£.~o;;..,.~~~~""""'==- Mailing Address, if different: J./ 'I~ 'SI/I./fJBI.¥-"1 f)I!.JoJ'l,.;r ~~.Cf~/0 Phone:tf6~J ~(3'1-f~ E rna il: ltf![N 1-0 e_ -5 BC 6J..C81J"-. IJ'r7 Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North Homeowner's Association Sprint/Nextel Wireless Communication Equipment Room Location Approval Good News! The City of Carlsbad and Sprint have agreed to relocate the Sprint equipment room from our grassy common area to the west side of the tennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. The City is requiring homeowner's approval. Please indicate your approval and return the document, as soon as possible. I, the undersigned, agree with the above noted location (on the west side of the tennis court) for the (20' X 12'-8' height) Sprint/Nextel wireless communication equipment room. Please Complete in Full: Owner's Name (Print): \?l A-lrpr&JS Owner's Signature: __ Q:-=-... ·-=:c...:==r _ __:::·::!.,.·_{_:v __ • ---------------- Swallow Address: __ ___,J_IA-'l'-1-q_' __ S_w_J_lD_.;) __ G_~ ______ _ Mailing Address, if different:---------------------- Phone: ___ TL.,_(p~0_-__..:~=·-d.....:::3~~-f--'R_o_t=j _________ _ Email: ____ _____,lp_l_CL_-....:....\ ctbo __ S_@ __ .__,__(_t v_L_· _LO)_·--=-~-V'"'\.--'------- Return To: Questions? Maureen Whitmore, 1271 Meadow Wood Place, Encinitas, CA 92024 Ben Holbert (760) 845-2363 or BenH@rsf.k12.ca.us Maureen Whitmore (760) 419-7929 MaureenRE@me.com West Bluff North H meowner's Association Sprint/Nextel Wireless Communica ion Equipment Room Location Approval Good News! The City of Carlsbad and Sprint hav agreed to relocate the Sprint equipment room from our grassy common area to the west side ofthe ·ennis court (see below). The costs (if any) associated with this relocation will be absorbed by Sprint. T e City is requiring homeowner's approval. Please indicate your approval and return the document as soon as possible. I, the undersigned, agree with the above for the (20' X 12'-8' height) Sprint/Nextel Please Complete in Full: location (on the west side of the tennis court) less communication equipment room. Owner's Name (Print): -r-f'-'..::...:.....:....:::::..=-'-----''---1f-L.r-.f-.....,.."-L_.__..L..J....;;.d;;_. _;?_jl)_· ------ Owner's Signature: -f-1f<f"--L...!.....::Joo::;,...._....r.<... _ _._-tr~:..,_~--"--.:;;._-· _4£41 ________ _ Mailing Address, if different: --J,.--=::..,_........:;_---L.,~· ----'6:::.·1-~----=:::....'--.--...,.--------- Ltt u 11 tl I 14-e Phone: q Lf r Lf 21-~ /.J. . . . . Email: :(e..e v'1 L-< v@ j/V}( I ) --&7 tl~Ct1 I i q/1 f~ c·oJl1 7 1 I J Return To: Maureen Whitmore, 1271 Meatw Wood Place, Encinitas, CA 92024 Questions? Ben Holbert (760) 845-2363 pr Maureen Whitmore (760) 419-7929 ' I BenH@rsf.k12.ca.us MaureenRE@me.com + Mcetella -Palomar , " " .. Airport -< .. ;; 0 '!. 0 " Q. 0 0 127 -~J "Q-,J 1 6210 Cassia Rd 6250EI Camino Real 7 37.3 Camino Real AlgA Rd ) • I:! -~---------~-----~ --------------------~ . . - \ / LEGEND • In Building Coverage O In Vehicle Coverage 0 On Street Coverage • SD34XC861 EC Coverage of proposedsite at 2020 Cassia Road ~ £ • ~------\ LEGEND • In Building Coverage O In Vehicle Coverage 0 On Street Coverage SD34XC861_CR c-a(~'P~ ! ... sooJXC153 LEGEND • In Building Coverage Q In Vehicle Coverage Q On Street Coverage ~ - e of existing site S003XC153 'X 6a Coverage with s Lagend • SD55XC014 S003XC155 Legend In 8 ild.nQ ~ v r>JQ•. S003XC153 Fidelity National Title.~ompany Major Accounts Division 1300 Dove Street, Suite 31 0 • Newport Beach, CA 92660 (949) 622-4845 • FAX (949) 477-6813 TITLE OFFICER: Mike Hadsall TO: M&M Telecom, LLC 6886 Mimosa Drive Carlsbad, CA 92009 ATIN: Nicole Meyers YOUR REFERENCE.: SD34XC861 D PRELIMINARY REPORT PROPERTY ADDRESS: 1926 Swallow Lane, Carlsbad, California ORDER NO.: 9712893 LOAN NO.: SHORT TERM RATE: EFFECTIVE DATE: May 23, 2006. 07:30 A.M. A New Report has been ordered to replace this one The form of Policy or Policies of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy -1990 1. THE EST ATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A CONDOMINIUM, as defined in Sections 783 & 1351 (f) of the California Civil Code, in fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: OWNERS Of RECORD 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF T JH\JT 06/30/2006 1 (Rev. 11/17104) Order No. 9712893 EXHIBIT "ONE" AN UNDIVIDED 100% INTEREST IN AND TO All THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 79-28, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF NO. 10067, FILES IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON APRIL20, 1981, SHOWN AND DEFINED AS "COMMON AREA" ON THE CONDOMINIUM PLAN RECORDED MARCH 4, 1982 AS INSTRUMENT/FILE NO. 82-059867, OF OFFICIAL RECORDS OF SAID COUNTY. RESERVING THEREFROM EASEMENTS, AS SUCH EASEMENTS ARE SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED MARCH 4, 1982 AS INSTRUMENT/FilE NO. 82-0598670F OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR HEREAFTER RECORDED AMENDMENTS THERETO. EXCEPT THEREFROM All THOSE UNITS SHOWN AND DEFINED AS UNIT NO(S). 1 THROUGH 50, INCLUSIVE, AS SHOWN ON SAID CONDOMINIUM PLAN. ALSO EXCEPT THEREFROM, ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND All UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LOT WHICH UNDERLIE A PLANE PARALLEL TO AND 550 FEET BELOW THE PRESENT SURFACE OF SAID LOT FOR THE PURPOSE OF THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID LOT BY MEANS OF MINES, WELLS, DERRICKS OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LOT, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER, AS SET THEREOF ABOVE, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LOT FOR ANY PURPOSE WHATSOEVER. Assessor's Parcel No: 215-052-13-01 2 (Rev. 11/17/041 Order No. 9712893 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2006-2007. 2. Taxes, bonds and assessments not examined. 3. Thelen of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 4. Water rights, claims or thle to water, whether or not disclosed by the public records. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: San Diego Gas and Electric Company Poles, wires and incidental purposes February 16, 1920, Book 798, Page 245, of Deeds As described in said instrument 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: San Diego Gas and Electric Company Poles, wires and incidental purposes December 9, 1953, Instrument No. 5071, Book 317, of Official Records As described in said instrument 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: San Diego Gas and Electric Company Gas pipe lines and incidental purposes June 13, 1960, Instrument No. 120216, of Official Records As described in said instrument 8. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: County of San Diego Drainage and embankment and incidental purposes August 25, 1969, Instrument No. 142233, of Official Records As described in said instrument 3 (Rev. 11/17/04) ITEMS: (Continued) Order No. 9712893 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: San Diego Gas and Electric£-ompany Underground conduits January 15, 1971, Instrument No. 8918, of Official Records As described in said instrument 10. Matters contained in that certain document entitled ·slope Easement (Including Agreement for Maintenance and Repair)" dated February 22, 1978, executed by and between Cal-Pacific Capital Corpotation (f/k/a Cal-Pacific Properties Inc.,) a California corporation, ROWCO, Inc., a California corporation; Mortimer Winaki and Agatha Winski, husband and wife and William B. Randall and Geraldine K. Randall, husband and wife, and Mola Development Corporation, a California corporation recorded October 25, 1978, Instrument No. 78-456815, of Official Records. Reference is hereby made to said document for full particulars. 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Costa Real Municipal Water District, a municipal water district Pipeline or pipelines April 1 0, 1980, Instrument No. 80-123006, of Official Records As described in said instrument 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Costa Real Municipal Water District, a municipal water district Pipeline or pipelines including conduits and cables for power transmission and communication purposes April 10, 1980, Instrument No. 80-123006, of Official Records As described in said instrument 13. Matters contained in that certain document entitled "Right-of-Way Use Agreement• dated February 19, 1981, executed by and between San Diego Gas & Electric Company and Mola Development Corporation recotded March 3, 1981, Instrument No. 81-064492, of Official Records, which document, among other things, contains or provides for: To obtain permission to construct private road, water/sewer facilities and landscape improvements. Reference is hereby made to said document for full particulars. 14. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Costa Real Municipal Water District, a municipal water district Pipeline or pipelines, including but not limited to, conduits and cables for power transmission and communication purposes June 23, 1981, Instrument No. 81-196084, of Official Records As described in said instrument 4 (Rev. 11/17/04) ------------------------------------------- ITEMS: (Continued) Order No. 9712893 16. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Leucadia County Water District, a political subdivision Sewer pipeline or pipelines July 6, 1981, Instrument No. 81-211786, of Official Records As described in said instrument 16. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: San Diego Gas & Electric Company, a corporation 1. Poles, wires, cables and appurtenances for the transmission and distribution of electricity. 2. Underground facilities and appurtenances for the transmission and distribution of electricity. 3. Pipelines and appurtenances for any and all purposes. 4. Communication facilities, overhead and/or underground and appurtenances. . July 15, 1981, Instrument No. 81-222405, Book 2069 of Official Records As described in said instrument 17. Matters contained in that certain document entitled "Right-of-Way Use Agreement" dated July 17, 1981, executed by and between San Diego Gas &. Electric Company and Mol a Development Corporation recorded August 12, 1981, Instrument No. 81-256743, of Official Records. Reference is hereby made to said document for full particulars. 18. Matters contained in that certain document entitled "Right-of-Way Use Agreement" dated February 19, 1981, executed by and between San Diego Gas &. Electric Company and Mol a Development Corporation recorded October 5, 1981, Instrument No. 81-316489, of Official Records, which document, among other things, contains or provides for: To obtain permission to construct private road, water/sewer facilities and landscape improvements. Reference is hereby made to said document for full particulars. 19. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: The Pacific Telephone and Telegraph Company Underground communication facilities February 1, 1982, Instrument No. 82-028136, of Official Records As described in said instrument 20. CONDOMINIUM PLAN FOR CARLSBAD TRACT NO. 79-28 AS SHOWN ON MAP NO. 10067, RECORDS OF SAID COUNTY Recorded: March 4, 1982, as Instrument No. 82-059867 of Official Records. Reference is made to said document for full particulars. 5 (Rev. 11/17/04) ITEMS: (Continued) Order No. 9712893 21. CovenMts, conditions and restrle1fons in the declaration of restrictions but omitting any covenants or restrictions, if any, based upon race, color, retigion, sex, sexual orientation, familial status, martial status, disability, handicap, national origin, ancestry or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: March 4, l 982, Instrument No. 82-059868, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 22. EasementCs) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation Temporary construction purposes January 17, 2003, Instrument No. 2003..0064838, of Official Records As described and detineated in said instrument 23. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation Slope purposes January 17, 2003, Instrument No. 2003-0064839, of Official Records As described and delineated in said instrument 24. EasementCs) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation Public street and public utility purposes January 17, 2003, Instrument No. 2003-0064840, of Official Records As described and delineated in said instrument 25. Metters which may be disclosed by an inspection and/or by a correct ALTA/ACSM land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. 26. Any easements not disclosed by those public records which impart constructive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the surface of said land. 6 !Rev. 11117/04) ITEMS: (Continued) Order No. 9712893 27. This company will require a statement of lnforma11on from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if eny do exist, may affect the title or impose liens or encumbrances thereon. After review of the requested Statement(s) of Information the Company may have additional requirements before the issuance of any policy of title insurance. Note 1. Note 2. Note 3. Note 4. Note 5. Parties: All parties (Note: The statement of information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed statement of information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the statement of information is essential and will be kept strictly confidential to this file). END OF ITEMS There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. If you are aware of any improvements whatsoever that have been recenttv completed, that are ongoing, or contemplated prior to closing, this office must be informed of these facts immediately so that your transaction is not delayed. Section 12413. 1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404. 1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee• pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 7 (Rev. 11/17/04) ITEMS: (Continued) FIDELITY NATIONAL TITLE 1300 DOVE STREET #31 0 NEWPORT BEACH, CA 92660 WIRING INSTRUCTIONS Order No. 9712893 Senate Bill 1550, which became effective January 1, 1985, requiring the title companies to disburse on collected funds has raised many questions. The following information is provided to assist our customers with the law: The fastest method for receiving collected funds is by wire transfer of funds credited to your account. The following instructions should be used when funds are being wired to our bank: EFFECTIVE NOVEMBER 16, 2001 Wire funds through the Federal Reserve Bank to: Union Bank of California, Los Angeles, CA ABA No.: 122000496 Credit to: Fidelity National Title, Corona Title Trust Account Account No. 9100744500 Title Order No.: 9712893-MH 8 (Rev.ll/17/04) EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In_._ ID lief--in Selleclulo 8, you.-. not Mnd ~ -· -· ~·-.and _,..........,, I. CJclwrnnwo111 pab -·-lie-or via!Mion of...., ... at -Uogulotlon. Thll incW.IIuldlne ..... JGni>v----..... ,.......,. _,.,., . '--. .._..._ ............ • -tlivillan ·---...-Thio --...... not......, ... -at ... .,,.,_,.,._ ......... which_ ..... oublia ·-ec polly -· Thio--not limit ... JGni>g -•ea• d-ed In I-12 IINI 13 of C...,.,..j T~ Rioko. 2. The rialtt 1D toke ... lwld llv aondemning it, un-: • •-of.,..,... .,. right_ ... in lh• publia •-dian lho Poliay D""' • ... tllking ~..-priar "' lie,....., Oatil ond io binding on you W yau bouehtlhe lend w;f.aut ~of ... tllking In lldclldan ID ... Ex........., YflloJ •• not lnluriOd eaM-t -. oowtll, .-...yo' -· .,.. ... -....... lnlm; 1. Ant rlgh111, in..--. at-o1.,..-1n p-a. of ... ._.. not-lly ... !'Wile -•· Z. Ant-tllot-..not-llylle ...... ~. Thio-notlmit ... lioll-lnhlm 8 ol C..._.,. Tide Rioke. 3. TllleRioke: • ., .. •• cr-. -..1, or....,. •llv vau • lhM lllfl-ID YOU. 1M not .... , on the Poliay ~ "-\~ --In ... N1io1 reocrdo • lhel ,_. in no -• yau • --.fteat yaur tide ....... Poley DeiD • lhll -not limit ... ....,_ -,_.. loll -•-satc-..Tillo Riolce 4. F..._--,_ fatyaur -· !1. Leot oh right: • .,_, ..... ...,... ... _..,_.., -IINI.-.Iwrnd1Di'IIWn3.,_1eA or • in-,olloyo,orwelorwayolhet_.,.,.._ Thll--not limit ... ---in him S of C...wod Till. Rioke. 3. Arry __ , ... _ ...... ____ d __ ....., __ .._by ......... ,-. Thil --limit tile folood _ .. -·In him 12 alec....IOd Til!. Riob. 4. Arry-riQhtllor.-orlide•-inor.-lhe-.-ornot,_by"-Niiol -- CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The,_.... ...-..,. -oool\r .,. • ...,... from ... --of thio poloy .,.. lhe Cornpony wil not p.,-.. ...._.-.----.. -.......... by_al: 1. lol Arry ..... ordn.n.ar-tlllregule.., (~ butnotlmited "'...-.o lftdJGni>g -· ord"'-, at ,_...,... r.n.trno, rOOUIMing. ..,...... or roleting Iii .,. -· -. or .,,.,.,_, ollho -;(ill.,._,-or......, of....,......,_,_., h......, oreo!IOd"" lhe -= 1• ._....in -lp til ........ In lhe~ ar--oldie lind til ...., porool of whiah .,. lind II « w• • port; at llvl •wioown••lll ...-uon. or lh• ,_ of ...., viola1ion of.,._-. tlldlnonc. or vov..,._tlll ,......,., _, "'lho .,..,, fl.t wnotiaoo of lho .,,.,._, "'"""'"' •notice ole det.ct. lion ex...._..,._ -.~~~no from oyioletion or olloged via-.tt.ct1ne ........ -beon r-diOd in lhe PIA>Iia ..-.. Detll of Polley. (bJ Any __ .,,....._.,_.,._ by (.J lbove, _, .,.,._.,..•notice of tile ox.-ollo .,.,.., or a notice of • cMfoot, lion ar ...-., .. ,_...,. !ram • v-« olloged vioiMion ~ .,. --beon •-ded ;, "'" I>Ublc ·-• • a• of Policy. 2. Rlghtll Of ominon1 damoin un• notice of tile·--......,---diOd In flopublio ·-•t Oeto Of Poliay, lllltnot •.-....a from covorea• onyloking---... prior., D• of Poliay -would bo binding on lho rightll ol • p .. -for v..,_ wilhwt --... 3. o.-.1-. -............. aloimo, ,_,....., ,., -or not ..-dood in lho pubic..-. a• of Polio\l, but.,....,...,....,_..... or earoed to by ........... oloimont; lbl not-"' ... c:an.,.ny,--In ... j~Wollo -· et liMo al Poley, but-... ... -_,--........ in wrilino ..... 1:--"Y lly ........... .,..._.prior to ... _ ............ ,_, .............................. ~; (ol~inno_.,...,_.,.,.._._t: ldl IIIIKh"'cl "' .,..led ....._. • aeto alP.....,; or 1•1 ·-ltlno in_, ............... _...-..... --.... ._..._,-..... ·-"" ............................. _ .. In--by .... poky. 4. Untrllorcellbilty of lholioll ., ... -........ .._of ... inebilty ., ·-of ............. .t Dato of Poley, "' ... iuoblity tw-"'lftY ....._,,_ Oflho -· 1D _..tv with ... __ dolng.....__al ... _ln_ ....... ··~- 5. lrwolldity ., ..,..,_ltv of flo lion of.,.-,.,._, or oloion IIMnol, -•-..,, of lhe1r.........,-by ........... ....,.... -• Heed_......, ar ony-credit ,..,..... ....... in-. -· 8. AntctUn.whloh•-outoflho1r-wollntin.,._flo_or..._....._.by ... policy tJI ... ,....,... oroating ... ;.,-of flo -ed londot, by-of ... _......, --~lily .• -........... ,--·, .. ·-· SCHEDULE B. PART I EXCEPTIONS FROM COVERAGE 1. T._"' -• Wllloll•onot ohown • uiotifto Iloilo by.,.....,. of eny -ing ou_..,- lwieo-or-"'..,, ... proporty or by.,_ pubic·-·,.,._.. by • pWiie - which.....,·-in-«-• .... .-of ..... ,.,-.,-... --by lho ,_do.,.,...,_., ar by.,. pWIIia ·-· 2. Any ,...,., rightll, intllr-., oloiono -•• not-by fto public rooardo but whloh could bo -wn.d by en tnop.olioft of lho lind "'whiah ....., .,. -by poreono in ,_;on _..,_ PART I 3. £-til, lillie ar ......,.._,., .-lhoreof, whiah-not-lly ... publio rooordo. 4. ~.--in bouncl.-y -.-mae in .... ......--111,.,--,.,. ....... ....... _ ...... ld ~-..... .....,.. .. --lly tllepublo-- 5. 1111 Unp""'"tlld"'"'""' -; lbl ,...........,. ar --in po-., n-..........,..,. ioou.,.. .._,, lal..-riQhtot,-or Iitie .,w_, -arnot ... ..-u-tlld _. lol, lbl, otlcl •• -by ... publo -·· (Rev. 11/17/041 . . • EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOQATION LOAN POLICY (10..17·921 WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE EXQ.USIONS FROM COVERAGE The,..,.,.,.-.. ~--..... .,. __ of .... PCIIoV-... C-ony wilfKII P"f-or~,-__,.._ ... ___ by_af: I. Ill Ally 1M, ...,_or_UI,_ .... ,"""'""Ioutnot ............... -............. -......................................................... " ... _·_ .. ~of-lind; II.,.--· cl ........... .,..........,of.,.,~mpo..,.,.,,_ .. .........,. .......,.,...,.IIM:III ._ .... ln_..,.or•""-ioo ............. or_of.,.._.or .,., ,.-of..,_.,. 1ono1 1e"'-• pert; or llttl wwow ................. ,.. ,_ lilloatof-v...._of_-....._or_UI,_.......,_t•._ __ •,.......of .,. ••lwwowot__,., enoiat of aclefloot. lion"'_._,-. loam•-.rialolian or iilloo-d ........ .-... ............ "-',_..,In ........ ·-at 0... of'"""'· (b) Any_,., • ..,,.,...-not axe~ by lal ........ ....,t .... _,_ onatloe af ... .--. ......., • •-of • d-._ lion "' -*-,...,..,. hrn • violation or ollegecl vlollillilft ......_ ................. r-.led in ........... --0... of Poley. :l. Aighloof_l __ ,.......offue....--llal--h.,.publlor- MD• ofP~, boltfKII ........ hm--OIIYlllrhgwhiah .... _...prior m D ... ofPaliay whlah -.lolbo ......_ un ...... ofeiU.,_ larv--.-...._....... 3 . .,_.., -· _.,.,_, --· .. -....... , , ............ tu~~Wei!. -..~ ........... ..., ... -~ l\llnot"'-ID ... c....,onv,not-a.ciln ... pooOilr-*•O...of......,,bUt.._ .... inllnd cllinlnt end-~ in wrlllr!O 10 ... c~ by ... ._..,........,. prior"' ... delo .,. __ .._.,_.......,.,,.,ollcy; lal ......... iniiO-.............. -....... t; ldl-..,. or_. IUNequont 10 o .. of PolloV I-t m foe--..,. PC11oV -... ............ ., ...... of ... -~_.,.,_Gylonfot..,-.-·-·· ... _....._ . .,.,_.,...... .. _"""'"""'~-.. -.-.a ... all'olelyl: or lei,_,.,. 1n ..._ .. d-whiah would not t.w• b_, _......, il ... .,.... • ......,_.hod pold y_, ... _,.,.,.... 4. u.-rc.c,..•• ..,.,...,. ..,.,.illlnd ,.,.,._..._of.,._lll¥ crtean of.,._ M D•"''"""'· "' ... __. .. ,_ otonv.....--of ... lndlll-. •-'11-_....... ...... ..._ ..... .., ... _hwhlah.,.llliilll-. 11. lnwoliolily Of.....,_., of ............. _........_...,--...ot ......... -_., ... _......_.by .......... -..--......... -.-y • ...,_.,.. ..-...... 111 .......... . I. Any -.wy ... lor-. ....., • ,_....tor ... o1iim at priaritv at--.ay ion ,., .....-. ....., ___ ............ _ """--' ............... i ......... jf ... - -.,. ........ -·---"" .................. ..._..., .. 0... ,,..., wod. nat '"'-.. __ ilipartby,._of ... ~--by ......... ___ _ etD• of Polly ... -llal...,onced..,lo ........... ...._. 7. Any ...... whiah-aut of ... -..-.. ... lnW ... of ............. ....., by .. polly,...,_ at foe_...., af,_... ........,tov,--.....,,..,.....,cr ..... · rilh• -....... b ...... : (ij ... _.....,. ..... _., ... lntured..,...._being--· .......... ·- ar .................. ;. Iii foe ..................... -of ... -.............. ., .. __... ...... ~of ................... .. , .... ---.. ..... _ ...... ro-w......,.. ....... -............. .,.,., _, .......... ,....., ... ....,. ............... ....., '"' talimolf-... -of.-; .. (blat--ID~n-•a ......... farv .... aro~or..,cndiiDr . AMERicAN LAND TITLE ASSOQATION OWNER•S POLICY (10..17-92) EXQ.USIONS FROM COVERAGE n..,..,.,.,.--. _ _....,........,......., ... -"'...,""""'-.,. c-wil not pay-.. ..._.--._,...,_..,-whiah .... by-"" I. lii1Anv ..... -.... -.............. , ............ ,_ ....... builolhg81d ....... -. .,.._,.., ............. ......,., ~. llfOhlbitht ..,,..... ID(Ifue--.-.ar onjoynwot of .,.IIINI; 1• .,_ --· ....._...... or-of .,y n.r--., ,_or loorulaor ......, .., ... lwid; Iii ._....,In .......,..ip ar •""-h .,.d....,._ cr ... ollha lond ar -p ..... of......, ........ Ia .. -• port; .. (ivl ....... .._ ... --· ..... effact ol OilY violledon of"--. .....,_ « """"""*''-' ............... _, ta 1M-~ 1het a notlooo of ., • .,,_.........,,.a notice olea.t.n.lion or _......,_,_~~ng from •v-ar ehged viOiallon a-..a .,. -llal-,..,.,.,. In .,. pubia -et 0.. of Polley. (bl Any~,_ --....wded by 1111 ollove, _,.,.,._t-anodoeof ... _.. "'"""" ar •-of • detwt. lion ,. ....,._ ,_,.,. ...., • vlolollon or ......., viillallon efho1lnv.,.-11a1 .._. •-dad n foe publia-at DMe of Polley. 2. RIQhtl of omr-t clamein-noiiM of ... -·-...._,..__-ill ... IIUI>Io r-a at D ... of P~. IKitnot_...,. •om--.,y loking ........... -..!prior IIID .. ofl'allov wltidl _.... bebhding ........ of ............. v .... -~-3. o.-..-. ......,_, -clillnw. •oN<..-: 1o1..-. .. flwed.-• ...,_miry foe -..s-....; "''not ~en-. • ... c-. not,_., ill.,. pu111o-• o..a at P~. ""'..._, • ... lntured ....._. ___ In wriiJnf .... C-by.,e -aiMiwltprior ......... ........ ..._,, .,__ .. --... pcollcy; {clr--..hno_•.._•.,.-.-.: ldl -rna « ....... ...,__ • 0.... of Polley, cr lol __ ln_ .. ....,........, ____ _....., ... .___, __ v-lor.,._ ar ill-lntured by .. palloy. 4. My ............ -outof ... _.,..... ..... ---... _"' .._-.., -policy, by·-"' ............. of-.,_..fey,-~-.......... -righta __ ............... , ,, ... _..._,. ... ______ ..., .. Pallov ............. -_ey_at........,t ...... ;• , ............. ...-.. ... ----by-Pallov blliiQ ....... ,__,., .. _,., ... .,., .......... ,_ __ ...., ... ,_, lei •1nlalv ,_., ... ~of-..., 11>1 of-,_...... to ir..-rt-1e • .,...._ flirv-,. • ~ "' ... credllar. Tile-ALTA pcollcy ........ delod 10.17·92.,., lie-• elfatd ..,_ S-...1 ~ « rx..ded C-. 1n ...-"'.,.-E.......,. -c-.. ... ~-._c __ iolaS_Cow_pcollcy wil .. ln ....... ~-·~--; EXCEPTIONS FROM COVERAGE 1. Tax••-· ...... ---•aodltlrl8ionebyfoe-of.,yloJCinCI .. ~ Ioovioe -·-••••.., reolprop~ or by.,.,.. ... •-""· P..-..gaby apoo0lo- wlllollfMV .... In--.. -... "'""'*" at-~.-.--by ... ,_.., ___ "¥ ........... ,_ •. .z. Any-.·-·-·--loh---by ... ,..lo_ ...... __ _ _,.,...by ........... of ... lond .. wliidlfMV be-by -In,..._....,-· 3. E-lo, lone,..........,_,,.-.. -...of, wNoli ---by ... ,.._,_., 4. Dloorop-. _ ... in"""""""'._, -...in .... ..........,.,.,.._ or-.....,,....wliloh . ...,._ _ _...........__....,.. ___ ..., ........... _. 5.111~ .............. ~~~~------.. ..-.... -........... ... --.at: lal-righto..-.., .... __ .......,.,..,_ ... __ .... ...- (al, fbi ... lal .. -by ............ _.. (RGII. 11/171041 d~A_ CITY OF VcARLSBAD Community & Economic Development February 20, 2014 Tim Henion 1264 Basswood Avenue Carlsbad, CA 92008 SUBJECT: NOTICE OF RESTRICTION-CUP 12-13/SUP 12-02-SDG&E STEEL POLE Dear Applicant: DFILE www.carlsbadca.gov Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the CUP 12-13/SUP 12-02. Please ensure the following items are addressed prior to returning the Notice of Restriction: ..1' Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ..1' Document musnie properly notarized. --..1' Name on signature page and name on Notarial Acknowledgement must match . ..1' Property owner's signatures/initials must be the same as on Notary Acknowledgement . ..1' Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light} . ..1' Include property owner's name in the designated space above the owner's signature . ..1' Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at {760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, ~--- GREG FISHER ·-Assistant Planner c: Michele Masterson, CED Senior Management Analyst · · .. Plannini~'lSi~r<'Sn ~~'----~-----------------------------------------------:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® e PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego .riti·7on. of the United States and a resident ·· . a~ . over the age of known as the Blade-Citizen and The n::::;;:rr-.u tl'\•"~ro and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire i$sue of said newspaper and not in any supplement thereof on the following dates, to-wit: April 19th,2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This 19th day April, 2013 BEST COPY 4~A_ CITY OF ~~CARLSBAD FILE COPY L./·lt·/3 Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, May 1, 2013, to consider a request for the following: CASE NAME: CUP 12-13/ SUP 12-02-SDG&E Steel Pole PUBLISH DATE: April19, 2013 DESCRIPTION: Request for approval of a Conditional Use Permit and Special Use Permit to allow the installation, operation, and maintenance of an unmanned Wireless Communication Facility consisting of three (3} panel antennas with associated equipment mounted to an existing SDG&E transmission pole and a 240 square foot above ground equipment shelter within the West Bluff North Homeowners Association property. The project site is generally located along the east side of El Camino Real between Poinsettia Lane and Swallow Lane within an SDG&E utility easement and in Local Facilities Management Zone 6. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/cityhall/meetings/Pages/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Greg Fisher in the Planning Division at (760} 602-4629, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION · · · .. Planning Division ~. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® . -.df~_A. CITY OF ~'CARLSBAD DFILE Planning Division www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: SDG&E Steel Pole WCF PROJECT NUMBER: CUP 12-13/SUP 12-02 This early public notice is to let you know that a development application for a Conditional Use Permit and Special User Permit project within your neighborhood has been submitted to the City of Carlsbad. The project application is undergoing review by the City. PROJECT DESCRIPTION: Sprint/Nextel proposes to install an unmanned Wireless Communication Facility (WCF) consisting of a three sector, four antennas per sector array, onto an existing SDG&E transmission tower. LOCATION: The proposed WCF is located within the West Bluff Condominium Project located off of Swallow Lane. The antennas and associated equipment will be attached to an SDG&E pole which is located approximately half way between the entrance and the existing tennis court along the western edge of the condominium project. An eight foot tall equipment room, 12' x 20' in size, is proposed and will be located just southeast of the tennis court in front of some open parking spaces. Detailed architectural plans are available to review at the City. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Greg Fisher, Assistant Planner at gregfisher@carlsbadca.gov, 760-602-4629, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 I ® ~ . . . ~ State of California-The Resources Agency DEPARTMENT OF FISH AND WILDLIFE 2013 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECT Tin£ CUP 12-13/SUP 12-02-SDG&E STEEL POLE PROJECT APPLICANT NAME SPRINT PROJECT APPLICANT ADDRESS 310 COMMERCE SUITE 250 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration CITY IRVINE 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Program IZI County Administrative Fee 0 Project that is exempt from fees Ill Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other------------------- PAYMENT METHOD: 0 Cash 0 Credit 1Zl Check 0 Other_2_3_8 ___ _ SIGNATURE X H. Ayuyao CITY OF CARLSBAD JUN 25 2013 fUNNNG DEPARTMBfT RECEIPT# SD2013 0361 STATE CLEARING HOUSE#(IfappJicableJ STATE CA 0 State Agency $2,995.25 $2,156.25 $850.00 $1,018.50 $50.00 $ $ $ $ $ DATE 05/08/2013 DOCUMENT NUMBER *20130361 * PHONE NUMBER 503/519-8591 ZIP CODE 92602 Ill Private Entity $50.00 $ _______ _ TOTALRECEIVED $ _____ $.:._5_0_.0_0_ I TITLE Deputy 1111111 IIIII IIIII IIIII 1111111111 1111111111 11111111 ORIGINAL-PROJECT APPLICANT COPY -DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev 7/08) e NOTICE OF EXEMPTION To: SO County Clerk Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego, CA 921 01 From: CITY OF CARLSBAD Planning Division ~; ~ l 6 [) Ernest J Oronenburg, Jr. Recorder County Clerlc 1635 Faraday Avenue Carlsbad, CA 92008 MAY lJ 8 Z 0 13 (760) 6o2-46oo H BY • AJE~M~P Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: CUP 12-13/SUP 12-02 -SDG&E Steel Pole Project Location-Specific: 1926 SwaHow Lane within the 'v\!t;st BluffNorth HOA property Project Location -City: =C=ar=ls=b=ad=------Project Location -County: San Diego Description of Project: Wireless Communications Facility including 3 panel antennas and an above ground equipment shelter. Applicant's Address: 310 Commerce Suite 250 Irvine CA 92602 Applicant's Telephone Number: =-50""'3"--""-5"'"'19"--~8='-'59"--'1'--------------------- Exempt Status: (Check One) 0 Ministerial (Section 21080(b)(1); 15268); 0 Declared Emergency (Section 21080(b)(3); 15269(a)); 0 Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ~ Categorical Exemption -State type and section number: .,!_15:::..:3"-'0=3'------------ 0 Statutory Exemptions-State code number:----------------- 0 General rule (Section 15061(b)(3)) Reasons why project is exempt: Construction and installation of small new equipment facilities or structures Lead Agency Contact Person: -==G=re=-<g"-'F:....:i=sh=e=r ___ _ Telephone: 760-602-4629 {l)i S:G-13 DON NEU, City Planner Date Date received for filing at OPR: Revised 04/1 2 E.st J. Dronenburg, J~ COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ----~ ---------------- ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction#: 294383620130508 Deputy: HA YUY AO CITY OF CARLSBAD I ; Location: COUNTY ADMINISTRATION BUILDING 08-May-2013 14:53 MAY 1 0 2013 I PLANNING DEPARI iViENT~ . FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# 20130361 50.00 TOTAL DUE ---------------------~---···~-· PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications . * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents Planning Division March 5, 2013 Tim Henion 1264 Basswood Avenue Carlsbad, CA 92008 • DFILE www.carlsbadca.gov SUBJECT: CUP 12·13/SUP 12-02-SDG&E STEEL POLE-CALIFORNIA ENVIRONMENTAL QUALITY ACT {CEQA) APPLICABILITY /PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption Section 15303 '(Construction and installation of small new equipment facilities or structures). No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing decision date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Greg Fisher, at (760) 602-4629 or greg.fisher@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:GF:sm c: Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry T 760-602-4600 F 760-602-8559 (~~) CITY OF ~CARLSBAD Memorandum June 28, 2013 To: Greg Fisher, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: SUBJECT: CD 13-06 SDG&E STEEL POLE (ORIGINAL APPROVAL: CUP 12-13) Land Development Engineering has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for continued review. Engineering staff does not have any comments to add to the project nor do we oppose approval ofthe consistency determination. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. IYz David Rick ,- Associate Engineer-Land Development Engineering Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov ~~~CITY OF ~·cARLSBAD Memorandum October 25, 2012 To: Greg Fisher, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Senior Civil Engineer Re: CUP 12-13/SUP 12-02 SDG&E STEEL POLE COMPLETE & ISSUES REVIEW Land Development Engineering staff has completed a review of the above-referenced project for application completeness. The application and plans submitted for this proposed project are currently complete and suitable for further review: 1. Please submit a completed Stormwater Standard Questionnaire. The form can be printed from http://www.carlsbadca.gov/engineering/chklstpdf/stormwater-qstnn.pdf. 2. A note on Sheet A1 states "see sheet LS-1 for easement information" yet LS-1 is not included in the set of plans. Please include sheet LS-1. Be aware that if any proposed electrical conduit crosses a public easement, the Land Development Engineering Division may require that an encroachment permit be applied, approved and recorded on the property prior to the issuance of a building permit. 3. Provide grading quantities in cubic yards, regardless of how small the quantities. DAVID RICK Associate Engineer Land Development Engineering Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov _4~_A CITY OF VcARLSBAD Community & Economic Development July 10, 2013 Tim Henion/DePratti, Inc. 1264 Basswood Avenue Carlsbad, CA 92008 SUBJECT: CD 13-06 -SDG&E STEEL POLE Mt\\ \eel I ltd 13 FILE COPY www.carlsbadca.gov The City Planner has completed a review of your application for a consistency determination, which is a modification to approved CUP 12-13/SUP 12-02 -SDG&E STEEL POLE, located within the West Bluff North Condominium homeowners association property, (APN: 215-240-44) located at 1926 Swallow Lane. The proposed modification includes: • Relocate the proposed WCF equipment enclosure from the grassy common area to the west side of the tennis court as requested by a majority of the homeowners. • Increase the equipment enclosure building height from 7.2' to 8 feet. • Install a new four foot wide concrete "Sprint" safety walkway to provide access to the proposed equipment enclosure from the visitor parking lot. • Add new landscape screening material around the WCF equipment enclosure. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1} No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood. 3} The proposed revision does not change the density or boundary of the subject property. 4} The proposed revision does not involve the addition of a new land use not shown on the original permit. 5} The proposed revision does not rearrange the major land uses within the development. 6} The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code. 7} The proposed change will not result in any significant environmental impact, and/or require additional mitigation. 8} The proposed change would not result in any health, safety or welfare impacts. 9} There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 10} The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 CD 13-06-SDG&E STEEL POL, July 10, 2013 P'age'1 ,.,. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the application qualifies for a consistency determination with the approved permit (CUP 12-13/SUP 12-02) and therefore, approves the changes to the project based on Planning Division Administrative Policy No. 35. Unless otherwise specified herein, all conditions shall be satisfied prior to the initiation of project construction. 1. Please submit one (1) blueline copy (24" X 36") of all applicable exhibits for the project file. The plan must be submitted, stamped "Consistency Determination," and signed by the City Planner prior to issuance of any building permits for the project. The Consistency Determination Title Block stamp, and other Title Block stamps, can be downloaded from the City's website at http:ljwww.carlsbadca.gov/services/departments/planning/Pages/applications.aspx. The Title Block (stamp) is located under "Resources" on the right side of the page. CITY OF CARLSBAD ~~ DON NEU, AICP City Planner DN:fn c: Principal Planner, Chris DeCerbo Project Engineer, David Rick File Copy Data Entry _4~ CITY OF ~PCARLSBAD Community & Economic Development PLANNING COMMISSION NOTICE OF DECISION May 2, 2013 DePratti, Inc. Attn: Tim Henion 1264 Basswood Avenue Carlsbad, CA 92008 SUBJECT: CUP 12-13/SUP 12-02-SDG&E STEEL POLE ~GLJU{ S/I-/1~ FiLE COPY www.carlsbadca.gov At the May 1, 2013 Planning Commission meeting, your application was considered. The Commission voted 4-3 to approve your request. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. If you have any questions regarding the final dispositions of your application, please contact your project planner Greg Fisher at (760) 602-4629 or greg.fisher@carlsbadca.gov. [~ DON NEU, AICP City Planner DN:GF:bd c: Data Entry File enc: Planning Commission Resolutions No. 6965 and 6966 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 April 10,2013 DonNeu Planning Division -City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92010 CERTIFIED RETURN RECEIPT & REGULAR MAIL RE: West BluffNorth HOA/Sprint PCS Agreement Dear Mr. Neu, I am writing at the direction of the West Bluff North Homeowners Association Board of Directors. The Board of Directors hereby rescinds and retracts its April 3, 2013 request to re-schedule the Sprint PCS and West Bluff North Equipment Room Public Hearing. The Board has conferred with Sprint PCS and supports the construction of the equipment room in its current proposed location. Should you have any questions, please contact me at 760-603-9404, extension 115. Sincerely, OARD OF DIRECTORS ,~·'Mt_~ Leslie Holiday, CCAM Community Association Manager cc: Board of Directors Tim Henion of DePratti Inc. Sprint PCS File • (760) 603-9404 • Fax (760) 603-9496 • email: audrey@BrunerRosimgt.com • Bruner & Rosi Management, Inc. 5651 Palmer Way, Suite A Carlsbad, CA 92010-9404 DFILE Community & Economic Development April9, 2013 www.carlsbadca.gov DePratti, Inc. Attn: Tim Henion 1264 Basswood Avenue Carlsbad, CA 92008 SUBJECT: CUP 12-13/SUP 12-02-SDG&E STEEL POLE The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, April 17, 2013, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on April 22, 2013. A twenty (20) minute appointment has been set aside for you at 10:00 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Greg Fisher at (760) 602-4629. DON NEU, AICP City Planner DN:GF:sm c: File Copy PI . navid Rick, Project Engineer annmg Div1s1on 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® April3, 2013 DonNeu Planning Division -City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92010 CITY OF CARLSBAD APR 08 2013 PLANNING DEPARTMENT CERTIFIED RETURN RECEIPT & REGULAR MAIL RE: West BluffNorth BOA/Sprint PCS Agreement Dear Mr. Neu, I am writing at the direction of the West Bluff North Homeowners Association Board of Directors. It is hereby requested that you please re-schedule the hearing for the Sprint PCS and West Bluff North's Equipment Room Public Hearing currently scheduled for May 1, 2013 to a date between June 3, 2013 and June 14, 2013. The reasoning for the postponement is to allow the Board of Directors and Tim Henion of DePratti Inc. to meet on site to discuss a new location for the Equipment Room. Should you have any questions, please contact me at 760-603-9404, extension 115. Sincerely, FOR THE BOARD OF DIRECTORS ~~ Leslie Holiday, CCAM ~ Community Association Manager cc: Board of Directors Tim Henion of DePratti Inc. Sprint PCS File • • (760) 603-9404 • Fax (760) 603-9496 • email: audrey@BrunerRosimqt.com • Bruner & Rosi Management, Inc. 5651 Palmer Way, Suite A Carlsbad, CA 92010-9404 LJ FILE Planning Division www.carlsbadca.gov March 14, 2013 Tim Henion 1264 Basswood Avenue Carlsbad, CA 92008 SUBJECT: CUP 12·13/SUP 12-02-SDG&E STEEL POLE Your application has been tentatively scheduled for a hearing by the Planning Commission on May 1, 2013. However, for this to occur, you must submit the additional items listed below. Please submit the following documents by April 11, 2013. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your (site plan, landscape plan, building elevations, floor plans, etc.) on 24" x .3tS" sheets of paper, stapled in complete sets folded into BW x 11" size. B) 1 Copy of your photo simulations in color on 24" x 36" sheets of paper. C) PDF or similar format of the site plan/color photo simulation elevations, etc., emailed to greg.fisher@carlsbadca.gov for the power point presentation. Please call if you have any questions. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List · a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List -(Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 1 00 foot radius of the subject property, including the applicant and/or owner. ® CUP 12-13/SUP 12-02 -'DG&E STEEL POLE March 14, 2013 Page2 C) Mailing Labels-two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite. and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 13t, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 MRS JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, ~z GREG Flg?e"R Assistant Planner GF:sm Attachment I .. .. . I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER • APPLICANT OR APPLICANT'S REPRESENTATIVE BY: ------------------------ DATE: ____________________ __ RECEIVED BY DATE: ____________________ __ Greg Fisher From: ·sent: To: Tim Henion <thenion@deprattiinc.com> Wednesday, March 06, 2013 12:01 PM Greg Fisher Subject: Fwd: West Bluff North Sprint Lease Greg, · I received this Monday. Tim Henion I DePratti Inc I 503.519.8591 Begin forwarded message: From: Hudson Harris <hharris@epsten.com> Date: March 4, 2013,9:02:35 AM HST 'fo: "thenion@deprattiinc.com" <thenion@deprattiinc.com> Subject: West Bluff North Sprint Lease Tim, My name is Hudson Harris and I am the attorney for the West Bluff North Owners Association. I just wanted to follow up with you and assure you that Sprint has full Board support for the Sprint lease. The Board has attempted to work with the disgruntled homeowners, but got nowhere. I advised the Board to direct any further homeowner questions or comments regarding the lease to the public hearing. · Let me know if you have any questions. HH Hudson Harris, Attorney at Law Epst~,~r.~n~I&Howen~ San Diego I Coachella Valley I Inland Empire 10200 Willow Creek Road, Suite 100 San [);ego, CA 92131 Phone; (858) 527 ·0111 Fax: (858) 527-1531 Visit Our Website: http://www.epsten.com This message contains information which may be confidential or legally privileged. Unless you are the addressee (or ar& authorized to recerve e-matl tor the addressee). yoo may not use, copy or dllldo8e to anyo11e the message or any informatiOn contained in tt1e mElSS8ge or any attachment. If you have receiVed the l'r'lee9age In error. please ad...-lae the sender by ~Y e-maii8Jld delete the message 81ld 811Y attachments and destroy all hard copies. Thank you. 1 LJ FILE Planning Division March 5, 2013 Tim Henion 1264 Basswood Avenue Carlsbad, CA 92008 SUBJECT: 2nd REVIEW FOR CUP 12-13/SUP 12-02-SDG&E STEEL POLE www.carlsbadca.gov The items requested from you earlier to make your Conditional Use Permit and Special Use Permit, application nos. CUP 12-13/SUP 12-02, complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at {760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at {760) 602-2781. • Fire Department: Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:GF:sm c: West Bluff Condominium Association, 1926 Swallow Lane, Carlsbad, CA 92009 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry T 760-602-4600 F 760-602-8559 CUP 12-13/SUP 12-02-SD. STEEL POLE March 5, 2013 Page 2 ISSUES OF CONCERN Planning: None Engineering: None • ~ • Sprint~ Together wrth NEXTH February 28, 2013 Sprint Nextel 12557 Alocosta Blvd. Suote 300 San Rarron Ca 94S8J Te! 925 904·4059 Fax. 925·904 ·4062 RE: Sprint at SDG&E Swallow Lane Mr. Greg Fisher, Fncsson for S;;ror.t Nelttef C:;ftfn•n•« Ofhce 9,"5·904-3941 CPII; 925·209·3053 F mild (;reg,M.Aito'TIM-e~.spnnt.corn Sprint will provide collocation opportunities to any interested parties at this new location, provided applicant meets all of Sprints and SDG&E's collocation requirements. The telecommunication equipment intended for install at this location generates approximately a max DBA of 65, at an operating temperature of2SC at sea level. The maintenance schedule after completion will require quarterly site visit a total of 4 times per year Thanks, /~1 () 11 /; r---:> ... . . / \._ . \LXJ'/ ... // ~gAltomar~ .ProJect Manager Ericsson Site Development ~P.rint Nextel Office:925-380-2248 Cell: 925-209·3053 • DFILE Planning Division www.ca~lsbadca.gov November 20, 2012 Tim Henion 1264 Basswood Avenue Carlsbad, CA 92008 SUBJECT: 1st REVIEW FOR CUP 12-13/SUP 12-02-SDG&E STEEL POLE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Conditional Use Permit and Special Use Permit, application nos. CUP 12-13/SUP 12-02, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, October 24, 2012, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. At this time, the City asks that you provide 5 complete sets of the development plans so that the project can continue to be reviewed. The City will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. • Fire Department: Fire Inspections, at (760) 602-4661. Sincerely, ~ IJeCJ:, CHRIS DeCERBO Principal Planner CD:GF:sm 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CUP 12-13/SUP12-02-s1E STEEL POLE November 20, 2012 Page 2 Attachments • c: West Bluff Condominium Association, 1926 Swallow Lane, Carlsbad, CA 92009 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry -CUP 12-13/SUP 12-02-SDGt STEEL POLE November 20, 2012 Page 3 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: • 1. The proposed Wireless Communication Facilities (WCF) is located in a discouraged location as listed in Location Guideline A.2.c. of the City's WCF Policy. For WCF's proposed in a zone or area that is a discouraged WCF location, the applicant must provide evidence that no location in a preferred zone or area as listed in Location Guideline A.1 can accommodate the applicant's proposed facility {0.2.). Evidence should document that preferred zone or area locations do not meet engineering, coverage, location, or height requirements, or have other unsuitable limitations. Please provide the appropriate documents so that the City has sufficient information to review and make a decision on the proposed project. As a reminder, the City may require that the submitted "evidence" supporting the proposed location be reviewed by a Third Party. If so, the application will remain incomplete until the Third Party review has been completed and the applicant will be responsible for paying the costs of the Third Party review. The Third Party review will not be necessary if the proposed WCF can be moved to a preferred location listed within Policy 64. 2. Please provide a description of the wireless system proposed (e.g., cellular, PCS, etc.) and its consumer features (e.g., voice, video, and data transmissions) as required per the City's Wireless Communication Facilities Policy {Policy No. 64-Attached). 3. Provide a description of the site selection process undertaken for the proposed WCF (see issues #1 discussion below). 4. Please provide large scale elevation(s) drawings of the equipment room. Include a transparency of the proposed equipment cabinets, etc., located within the equipment room. Does the equipment room have an open design or is there a covered roof? If the building is covered, are HVAC units proposed? Is so, provide their location(s) and a separate roof plan exhibit. See issues comment No. 5 below for further comments. 5. Provide a description or map of the applicant's existing and other proposed sites. 6. Please provide verification that the proposed WCF will comply with the FCC's guidelines for human exposure to radio frequency (RF) electromagnetic fields. ISSUES OF CONCERN Planning: 1. The proposed Wireless Communication Facilities (WCF) is located in a discouraged location as listed in Location Guideline A.2.c. of the City's WCF Policy and is not supported by staff at this time without providing evidence that no location in a preferred zone or area as listed in Location Guideline A.1 can accommodate the applicant's proposed facility {0.2.). Provide a list of alternative "Preferred Locations" and the technical and practical reasons why they were not selected. Please include the following five alternative locations listed below within your site selection process undertaken by Sprint/Nextel. All five locations are within the general area of the proposed WCF and are preferred locations per the WCF Policy. It is the responsibility of the applicant (Sprint/Nextel) to provide evidence that no location in a preferred zone or area can meet their needs. Evidence should document that these preferred zones/locations do not meet engineering, coverage, location, or height requirements, or have other unsuitable limitations. As a reminder, the locations listed below CUP 12-13/SUP 12-02-S.E STEEL POLE November 20, 2012 Page 4 • could be administratively approved if the proposed WCF is constructed with Stealth Design consistent with the WCF Policy. a) 2010 Cassia Road; b) 2020 Cassia Road; c) 6250 El Camino Real; d) 6286 El Camino Real; and e) 6986-6998 El Camino Real 2. As discussed above in incomplete Item #1, the applicant is required to provide evidence that no location in a preferred zone or area as listed in Location Guideline A.1 can accommodate the applicant's proposed faCility. In the interest of saving time, staff is willing to comment on the proposed WCF design prior to receiving such evidence and/or the conclusions of a Third Party review. Staff's willingness to review the proposed WCF project prior to receiving such documents does not in any way express support for its proposed location. 3. Provide the following information on the Title Sheet: existing general plan land use designation (RLM), Zoning designation (PC), and the City assigned application numbers (CUP 12-13/SUP 12-02) on the upper-right hand portion of the plans upon resubmittal. 4. Antennas and their associated mountings should generally not project outward more than the minimum absolutely necessary from the face of the building or structure (pole) so they are Jess noticeable per the City's Wireless Communication Facilities Policy. As proposed, the project design does not comply with this guideline and is not supported. Please be aware that the current design with the antennas protruding outward approximately 6 to 8 feet from the pole was not supported by staff at the time it was previously submitted in 2006 (CUP 06-20). Furthermore, a significant amount of time and effort went into the final low-profile design for CUP 06-20 whereas the antennas extended outward no more than one foot from the face of the pole. Please redesign the proposed WCF to be more similar in design to the previously approved project. The approved exhibits for CUP 06-20 can be reviewed at the City. 5. Regarding the proposed above ground equipment building, staff is wilting to support the above ground structure instead of placing the equipment below grade as long as it is architecturally compatible and treated to match the existing residential buildings/architecture, and properly screened with plant materials. Please use a stucco finish on the exterior and make a note on the plans that the paint color will match the existing residential buildings. Also, please refer to the attached Landscape Architectural Review letter and redline comments regarding the proposed landscaping plan. 6. Please show the location, size, and attachment method for the two proposed microwave dishes. Engineering: 1. Please submit a completed Stormwater Standard Questionnaire. The form can be printed from http://www.carlsbadca.gov/engineering/chklstpdf/stormwater-qstnn.pdf. 2. A note on Sheet A1 states "see sheet LS-1 for easement information" yet LS-1 is not included in the set of plans. Please include sheet LS-1. Be aware that if any proposed electrical conduit crosses a public easement, the Land Development Engineering Division may require that an encroachment permit be applied, approved and recorded on the property prior to the issuance of a building permit. - -• CUP 12-13/SUP 12-02-SDG&E STEEL POLE November 20, 2012 Page 5 3. Provide grading quantities in cubic yards, regardless of how small the quantities. Landscaping: 1. The equipment cabinet enclosure installation will displace existing lawn/turf. Please clearly show the limits of turf areas that will remain and areas that will be removed. 2. Please indicate proposed landscape materials/plantings for all areas. 3. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view of the project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowners" association (HOA), City, etc.). 4. Please provide a different symbol for existing and proposed shrubs so that it is clear which are proposed. 5. There appears to be a single row of existing shrubs versus multiple rows as shown on the plans. Please clarify, showing correct existing conditions. 6. Landscape plans shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Evergreen plants shall be used to screen unsightly elements and shall be spaced to provide 100% screening within two (2) years of installation. Please provide eight (8) one gallon wall vines (i.e. Boston Ivy, Fig Vine, etc.) to better screen/soften the enclosure. 7. Please note that the equipment cabinet enclosure will cause existing irrigation systems to be modified. Construction drawings will need to address all irrigation modifications to appropriately irrigate all areas. 8. RETURN REDLINES and provide 2 copies of all plans for the next landscape submittal. STRUCTURE #: Z718327 GENERAL PlAN lAND USE: : RLM TIE-UNE #: 23011/13805 ZONING DESIGNATION: PC R/W #: 31560 ZONING APPLICATION: CUP 12-13/ SUP 12-02 Sprinte APN f: 215-052-13 • t • ~~ SBE f: -Drl n CITY OF CARLSBAD J SIGNATURE DATE Administrative Permit SDG&ELEGEND ~~~~~-.... ·c. "15 ". "i" 3: a; .......... --. ....... ~P..!:f?:-.. S~I t_/r .................. Exhibit No Date '2.-t.Q~ I;$. SDG&E STEEL POLE #Z718327 18200 VON KARMAN AI/ENUE, SUITE 100 IRVINE, CALIFORNIA 92812 PROJECT INFORMATION: SD34XC861D SDG&E STEEL POLE #Z718327 1926 SWALLOW lANE CARLSBAD, CALIFORNIA 92009 SAN DIEGO COUN'{Y CURRENT ISSUE DATE: ~ 05~30~ 13 II n iSSUED FOR: z o U,"' .,,", '"""'"". ,.] .. -: --.---.- i SD34XC861D " ci N 0 RECEIVED iC co u ~ 1926 SWALLOW LANE JUN 2 4 2013 n ~ 1S CITY OF CARLSBAD ~ ~ CARLSBAD, CALIFORNIA 92009 PLANNING DIVISION 0 a. G:l w tii w 0 05-30-13 REVISED RU EQUIP. LOCATION PlANS PREPARED BY: o'll (.!) 0 .... _ INSTAUATION OF SPRINT TELE:COM~UNICATION FACILitY WITH NEW ~~C:~Wcui~ ~~m':,~totr~l':,g~~~goh1s SHErr DESCRIPTION REV. Vl .. OUTOQOR EOUIPWENT CABINETS ON CONCRETE PAC WITHIN A 0 ., , • ..s-(N) 12' -0' x 20' -0' CONCRETE ~LOCK E>!CLOSURE: >S ADOPTED BY 1HE LOCAL GOVERNING AUTHORmES. NOTHING IN THESE T1 Till£ SHEET 0 iC PlAAS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO ~&<'# . INSTAUATION OF (3) SPRINT PANEL ANTENNAS 0 1 PER SECTOR THESE COOES • T2 co "-MOUNTED TO AN (E) SOC&E STEEL POLE: PHOTOSIM EXHIBITS 0 u 7. LOCAL BUILDING CODES X .,,., . INSTAUATION OF (3) REMOTE RADIO UNITS (RRU) MOUNTED BELOW 1, CALIFORNIA ADMIN1STRAll'IE COOE "'" PANEL ANTENW,S TO AN (E) SOC&E STEEL POUE; (INCL. TITLES 24 I< 2S) 2010 8. CITY I COUNTY ORDINANCES 0 n 2. CALIFORNIA BUilDING COOES 2010 9. c;.ufORNIA flRE COOE 2010 0 ,,r,SITE . TELCO I< ELECTRICAL SEfMCE TO SITE: 3. CALIFORNIA ELECTRICAL COOES 2010 EDmON Vl . NEW LANDSCAPE & IRRIGATION MODiflCAOON 4, CALIFORNIA MECHANICAL COOES 2010 ~ S. CALIFORNIA PWt.I8!NO COOES 2010 ~ e. ANSI 1 EJA-222 El<f A1 sm: PLAN 0 a ~ * .jt,l> PROJECT DESCRIPTION CODE COMPLIANCE A2 0:: POIJ\...C\t~\$' \ 0 ~;,... ENlAAG£0 SITE PLAN 0 a. ~ . .... q, € Ono C.' 0: t"' ~"'qAI' \ J A3 EQUIPMENT I< ANTj:NNA LAYOUT 0 /~ Q " 8EE1.1C8tH L:b.E:;!;!E:f: A4 ~ l ARCHITECT: ELEVATIONS 0 i: a. ~ '\..4 r.o" SPRINT t.ISA ARCHITtCTURE I< PLANNING A5 ELEVATIONS 0 w 310 COI<~ERCE, SUITt 2SO J 1 Q4 AIRPORT UOOP DRIVE, SUITE C-1 0 ~ 1 I .fl/, IRVINE, CA. Q2602 COSTA MESA, CALIFORNIA 92628 A6 DETAILS 0 0 "' "' .•a \ .{ CONTACT: Nl'l I<ACEL CONTACT: MICHAEL J. SHEWBRIDCE i5 PHONE: -PHONE: 949.251 .1177 • ~~·""eo EROEERTY INFORM A II ON c: 1.E8SING and PLANNING: 0 MSA A,rc.(Jitecture & Planning ~~~ia A~~~~~ ~~/:,~~~vo92~~~· C1 ph 949.251.1177 tu ~Q.26l1120 SlnlaAnl San Diego San Francisco www.msa-ap.com =cONSULTANT: I ---, )epratti ) I I DEPRAm INCORPORATED 13948 ~ BUENO GA.NAR JAMUL. CA 91935 '-• ----- Vl OEPAAm INCORPORATED AvioilfetPk:wy OWNER: WEST BLUff CONDOMINIUM ~ >SSOCATION I< SOC&E 13948 CALLE BUENO GANAR CAR>SBAD. CA 92009 JAMUL. CA 91935 ..Vg•Rd CONTACT: LESUE HOUDAY CONTACT: TIU HENKlH ~ v~ll' PHONE: (760) 603-9496 X115 PHONE: (503) 519-8591 tz !fbj,O \'sc1 AREA Of CONSTRUCOON: 240 SQ. FT. ;!!.!BVEYOR; ;;; ,;; ~ ·....,,..., OCCUPANcY TYPE: u CALVADA ~ ..... d II' s ~ 108 BUSINESS CENTER DRjVE ~ CONSTRUCOON TYPE: v-B CORONA. CA 92880 VICINITY MAP THOM>S GUIDE PACE: 1127 I~ CURRENT ZONING: NORTH: PC, EAST: R-D-M-Q CONTACT: ARMANDO DUPONT 'ISSUED FOZON I NG a. sECTION: £5 WEST: L-C, SOUTH: R-D-M-Q PHONE: (951) 280-9740 SHEET INDEX Vl ~ A.P.N.: 21S-oS2-13 ! • .!Jib. I T:t Ll 8i;!Qt:j; Q!BfCI!ONS FRQW SPRINT IRVINE OffiCE• DR\ICI HANDICAP REQUIREMENTS: FACIUTY IS UNMANNEO AND P.O. BOX 974 j DEPART COM~ERCE TOWARO EL CAMINO REAL. TURN RIGHT ONTO EL CAMINO REAL. NOT FOR HUMAN HABrrATION. DOLORES, CO 81323 ACCESSIBILITY EXEMPTION HANDICAP ACCESS NOT TURN LEFT ONTO EL CAMINO REAL. TURN RIGHT ONTO BRY;,N AVENUE, TURN RIGHT REQUIRED. CONTACT: JOHN J HERNANDE2 ONTO CULVER DRjVE, TAKE RAMP RIGHT fOR 1-5 SOUTH TOWARO SAN DIEGO. ~T PHONE: (970) 882-3575 FACIUTY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICN'PED ACCESS EXOST H, TAKE fW,IP RIGHT <'I'D FOLLOW SIGNS fOR LA COSTA AVENUE. TURN LEGAL DESCRIPTION: SEE Sf1'E SURVEY ON LS-1 REQUIREMENTS NOT REOUIRED, IN ACCORDANCE WITH c;.uFORNIA STATE ACMINISTRATlVE 0 LEFT ONTO LA CQSTA AVENUE, TURN LEFT ONTO EL CAMINO REAL/CRS11 NORTH, SDG&E CONTACT: CODE, PART 2, TITLE 24, SECTION 1103.1.1, EXCEPTION 1. n TURN RIGHT ONTO SWALLOW LANE, ARRIVE AT SIT£ WITH SOC&E STEEL POLE ~T JURISDICTION: ':'! RIG~T. CARLSBAD SDC4<:E ~ COORDINATES: JJ' 06' 31.51' 8JJS CENTURY PARK COURT, CP-11D ~ SAN DIEGO, CA 92123-1569 I 117 18' 05.01. DO NOT SCALE DRAWINGS NAD 8J CONTACT: FRED CLARK, LA!<O MANAGER (CONTI'ACTOR) n PHONE: (619) 550-6105 CONTRACTOR SHALL VERIFY ALL PLANS AND EXISTlNG DIMENSIONS foHJ CONDITlDNS ON THE f;i JOB SIT£ AND SHALL IM~EOIATELY NOTIFY THE CML ENGINEERS IN WRIJlNG Of At<f DISCREPANCIES BEFORE PROCEEDING WITH THE WORI< OR BE RESPONSIBLE fOR SAME. 0 DRIVING DIRECTIONS PROJECT SUMMARY PROJECT TEAM GENERAL CONTRACTOR NOTES n ~ ::E 0 T1 SD34XC8610 -I 1\.) ~I ~ 0 ~ 0 SDG&E STEEL PO Sprinf SITE PHOTO SIMUlATIONS Together with NEXTEl c•ecommumcations Facility Site Location and Photo-vantage Map Image from GoogleMaps 2012® Certificate of Authenticity I Disclaimer: Date: Site: 4/19/13 SD34XC861 SDG&E Pole #Z718327 1926 Swallow Lane Carlsbad, CA 92009 Client: Sprint 310 Commerce #250 Irvine, CA 92602 Contact: Russ Ulep MSAArchitecture & Planning 3194 Airport Loop Drive, Suite C1 Costa Mesa, CA 92626 (714) 360-0440 Prepared by: Adrian Culici Graphic Detail Productions www.gdprod.com aculici@gdprod.com (323) 283-1358 MSA Graphic Qeta,l Prcx:JwbCXlS warrarts that th1s pholo sJmufatiOfliS an accurate representatiOn d the proposed s1te based UfXXI the prqect plans and add1t1011al mformahon prc:Ntded by the Appli-cant The final constructed site may vaty Sprint Together with NfXTtl 'Arcllitutur~ & Planning. InC. J:9.fA.ofpotiL.oop0r-.::;...,Cf Co#aMH.a.CAt~me t~.f9-15t-11n lax Oli-2!U 110 EXIsdng Sprint ....... Nllml Graph1c Detail Prodl..dlons 3319 FllhonA\'e ,los Angeles CA00032 gdptOd eom -ph 323 924 5895 -flt 323 230 9248 Phlti-SimulaUID Date: 4119113 I Address: Siteld: SD34XC861 SDG&E Pole #Z718327 Sprint JOgrl/l«-NEXTEl ~ View1 1 Looking southwest toward subject site . ....___ __ _) 1926 SWallow Lane Carlsbad, CA 92009 ~I 1~1 I§Tii I {LJ .!J I~ j I 0 -c; 0 I' ~ ~~~-v 1 ~ : rn-~ ~ > ~ Bi 1---l---+~-+--t--+---1!-----'1 i Fit~ C"'O ct ~~co s-• ~ ,_.. -u g ~.---11.---~ l.J Ul 0 Ul c ::0 ;;oQ; c :u 0 SN 4 "' :u c.. zo 0 "' 0 (/) ~ !'10 ~ .., ~ ~ 0 -< oc§ J1 I I I I I I IJJr--,};1 ~ 0 z c ;::: m "' ~ il I~ -u I 0 -I 0 (}) :s:: fTl X I IJJ =i (}) ~ c :u !;' 1 ~£~ ~ ~ ~~ ~ ,.,~ ~ C'-) ~ <'., I~ l ~j;;5 ~ ::' I. ~ ~~ S ............. ~ ? 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"'~ 0" I "' 0 ~"' N rr1 ~ ~~ 0 ;;; VJ ~ <> )>~-....!()) ~ .,z 0 [iii= o; -I~ ~ ~~ 0 !;' 0 ~~VI~ ·· "'z I 0 c z Nr c ---' z >s;: -...J ~ f'1 VJ ~ "'~ -u G ~ ~ 0 ;;I f6 ~ 0 0 ...._____, J V1 -c .., ..... ::J ,....... 8 ' \ '\)"' ... \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ )( I )( L <<> "'"" ""'" """ ""'7 (N) SPRINT EQUIPMENT @ LEASE AREA (SEE H EQUIPMENT PLAN) NEW 'SPRINT' ACCESS- 4'-0" WIDE CONCRETE WALKWAY JOIN (E) CONCRETE WAU<WAY L (E) COL-0£-SN: 7 (E) SDG&E 125'-4" HIGH STEEL POLE *Z-718327 --+--;:;y ;:: ~neeNiLAAI~~oossrrrre~~J.~N--------------------~----------~~--------~~----------~~~--~ (E:) BUILDING 1 Sprint· SDG&E STEEL POLE #2718327 1926 SWALLOW l.flt.!E CARLSBAD, CALIFORNIA 92009 SAN DIEGO COUNTY nCURRENT ISSUE DATE: u 05-30-13 REVISED 0 05-30-13 EQUIP. LOCATION RU LANS PREPARED BY: MSA ArchiteCture & P.IJinning 3194 Airport L!l<>P Drive, Sullo C1 Costa t,leoa, California i2626 ph !149.251 '1177 ,.. a.8.2fi 1.1120 lllnla Ani • Son lllega • Bon Frenaieca IIIWI¥.m~-ap.CDm )epratti ) ~'""'mill ~ ENlARGED SHEET NUMBER: REVISION: SITE PLAN I A2 II 4'-4" I X I X (E) CHAIN-LINK-------II' FENCE 12 FT. HIGH (TYPICAL) X I 1s•X (N) 1 GALLON FIG VINIE------.. AROUND WALL ENCLOSURE (N) 15 GAL. 'HETROMELES ARBUTIFOLIA' (TOYON) SHRUBS @ @ I (N) SDG&E .._ DISCONNECT I SWITCH ... I ... ~ (N) TIELCO CONDUIT Ill/ I UNDERGROUND {FOR .._ CONT. SEE SHEET A1) lll ~ ~ ~ {N) "VALMONT -MICROFLECT" TRI- BRACKET WITH ANTENNA MOUNTING PIPE {1 PER SECTOR, 3 SECTORS) (N) SPRINT RRU EQUIPMENT MOUNT/EO BELOW PANEL ANTENNA ( 1 PER SECTOR, 3 SECTORS) SEE DETAIL 3/ A6 SECTOR'C' AZIMUTH 250° ,.,- (E) SDG&E 125'-4" HIGH STEEL POLE #Z-718327 ANTENNA LAYOUT SECTOR'A' AZIMUTH200 L (E) FENCED TENNIS COURT AREA7 NOTE: (N) SPRINT COAX CABL RISER MOUNT/ED ON FACE OF POLE ~---(N) SPRINT PANEL ANTENNA {1 ANTIENNA PER SECTOR, 3 SECTORS) SEE DETAIL 2/A6 ..... SECTOR'B' AZIMUTH900 '-----EXISTING POLE FDN. BELOW HOMEOWNER'S ASSOCIATION LANDSCAPE COMPANY "WESTERN GARDENS" SHALL MAINTAIN THE NEW PLANTED AREAS AROUND THE SPRINT ENCLOSURE. I {N) SPRINT COAX CABLE ----1 ... 1 UNDERGROUND ROUTIE FROM ill EQUIPMENT CABINETS TO I ""'-x- NOTE: NEW GRADING SHALL BE 3 CUBIC YARDS AT EQUIPMENT AREA, x-x-x---x-x ANTIENNAS ON POLIE APPROX . ... 1 340 FT. RUN, VERIFY {FOR I CONT. SEE SHEET A-1) i I i f---(N) SPRINT POWER CONDUIT UNDERGROUND {FOR CONT. SEE SHEET A 1) -x-x ___ _ x-x-x_ I ' g ~-----------------------------------------------------------------------------------v. :i EQUIPMENT LAYOUT -~========~================================================================~========~ 1 Sprint· 18200 VON KARMAN AVENUE, SUITE 100 IR\IINE, CAUFORNIA 92812 :=PROJECT INFORMATION: SD:">A ~Rn10 SDG&E STEEL POLE #Z718327 1 926 SWALLOW LANE CARLSBAD, CALIFORNIA 92009 SAN DIEGO COUNTY '-CURRENT ISSUE DATE: ~ 05-30-13 II SSUEO FOR: I EV,~,.,.,~~"""'=J 0 REVISED 05-30-13 EQUIP. LOCATION RU LANS PREPARED BY: MSA Arcbite(:tllre & Planning ~:,::. ~rr:~ 2~or~r~12~~· c1 ph 949.251,1177 l•x IM8.25t112Q lllnlaAnl • San Olaga • San Frenci8ca www.~N<~-t:JP.com ONSUI-TANT: . )epratti ) P£PAATTI INCORPORATED 13948 CAlli BUENO GANIIR JAMUL. CA 91935 APV.:~ MJS I MJSJ I SHEET TITLE: ~ EQUIPMENT & ~ ANTENNA LAYOUT SHEET NUMBER: EVISION: I A3 1~.,1 SOUTH ELEVATION WEST ELEVATION (E) SDG&E 125'-4" HIGH STEEL POLE #Z-718327-----....f (E) TREI~S------ (E)TENNIS COURT (N) SPRINT EQUIPMENT ENCLOSURE WITH NEW LANDSCAPE SHRUBS AROUND (E) SDG&:E POLE CLIMBING PEGS ..------(E) SDG&E 125'-4" HIGH STEEL POLE #Z-718327 TOP OF' (E) SQG&E POLE ELEV. 125'-4" .-----(E) SDG&E POLE CLIMBING PEGS (TYP.) -""""'="" !::::==--.,-----(E) SDG&E UTILITY POLE ARMS &: ELECTRICAL CABLES (TYP.) SPRINT PANEL ANTENNAS WITH RRHs MOUNTED ON (E) SDG&:E POLE 1-------!-+--------IE) BUILDING (BEYOND) (E) TERRAIN PROFILE pow; o':l' 6' H' I 2 30' 'b I ic (E) SDG&E UTILITY POLE ARMS & ELECTRICAL CABLES (TYP.) SPRINT PANEL ANTENNAS WITH MOUNTED ON (E) SDG&E POLE ... .I. ELEV. 70' -2" (N) SPRINT EQUIPMENT CABINETS MOUNTED ON CONCRETE PAD WITHIN A (N) CONCRETE BLOCK ENCLOSURE WITH STUCCOED EXTERIOR FINISH &: PAINT COLOR TO MATCH (E) RESIDENTIAL BLDGS. (N) CHAIN-LINK LID (N) BTS CABINET ON RAISED CONCRETE PAD . . . I . . . 'l . .. · .:..., ___ . . L ~--~~,_}_i_ __ ~~-----.. FIN. GRADE EAST and WEST ELEVATION-EQUIPMENT ENCLOSURE ~"""'""' o• 6" r I 30' I 4' 3 0 Sprint· SDG&E STEEL POLE #2718327 1926 SWALLOW LANE CARLSBAD, CALIFORNIA 92D09 SAN DIEGO COUN1Y 05-30-13 REVISED 05-30-13 EQUIP. LOCAnON RU LANS PREPARED BY: MSA A~itecture & PlanXJing 3194 Alrport LQOP Drive, Suite C1 Costa Mna, Callfomkl 92626 ph 949.251.1177 1.. 949.25l1120 SlnlaAnl • San Olego • 8111 Francisco WWI".m""-op.r:om ONSUI-TANT: )epratti ) II I A4I~J + TOP Of (E) SDG&E POLE ELEV. 1251-4" ELEV. 70' -2" (E) BUILDING (AT (E) SDG&E 125'-4" HIGH STEEL POLE #Z-718327-----"" + TOP OF (E) SOG&E POLE ELEV. 1251-4° (E) SOG&E POLE CLIMBING PEGS ('I'YP.J----.... (N) SPRINT PANEL ANTENNAS WITH RRHs MOUNTED ON (E) SOG&E POLE ~ EAST ELEVATION (E) SDG&E 125'-4" HIGH STEEL POLE #Z-718327 -----. (N) SPRINT PANEL ANTENNAS WITH RRHa MOUNTED ON (E) SDG&E POLE (E) TREE (BEYOND) 1------(E) BUILDING TERRAIN PROFILE 14' I 2 30' -----(E) TREES BEYOND 14' I 1 30' .. , .. L~---,--~-- (N) SPRINT EQUIPMENT CABINETS MOUNTED ON CONCRETE PAD WITHIN A (N) CONCRETE BLOCK ENCLOSURE WITH STUCCOED EXTERIOR FINISH & PAINT COLOR TO MATCH (E) RESIDENTIAL BLDGS. (N) CHAIN-LINK LID (N) BTS CABINET ON RAISED CONCRETE PAD ' ' ""' / ' ' " " fiN. GRADE (N) SPRINT 4' WIDE STEEL DOOR WITH SIGNAGE, PAINT TO MATCH WALL 0 I <o SOUTH ELEVATION-EQUIPMENT ENCLOSURE o'2'6· 14' I 3 30' Sprint· 18200 VON KARMAN AVENUE, SUITE 100 IR\IINE, CAUF'ORNIA 82612 :=PROJECT INFORMATION: SlJj4XC!j61LJ SDG&E STEEL POLE #Z718327 1926 SWALLOW LANE CARLSBAD, CALIFORNIA 92009 SAN DIEGO COUN'I'Y CURRENT ISSUE DATE: ~ 05-30-13 II ~SSUED fOR: L_,, __ ~E~RIPTION:--J REVISED 0 05-30-13 EQUIP. LOCATION RU ::PLANS PREPARED BY: MSA An::~u:cruro & Planning ~~::. "~~:: 2~~r!·~2~~· c1 ph 949.251.1177 lex 1149.2et1120 SlnlaAnl • 8ln Dilga • San Fronc!sca WW!I'.mH-qo.com :=coNSUl-TANT: : )epratti ) PEmTTI INCORPOAATED 13948 CAU.E BUEN9 GN<AR JAMUL. CA 91935 Alcatel· Lucent @ Product: !900MHz RRH (6SMHz) Product Dacrlptloa: This Remote Radio Head (RRH) supports the 1900MHz spectrum with a Quad Transmit and Quad Receiver configuration supporting 4x45W of output power in a dual head configu1-ation Fealurn I Benefita: Supports up to 6 carrien ofCDMA in the 1900Milz spectrum and is hardware ready for 4x4 L TE MIMO (dual technology) Supports up to 8 carrien of COMA (single technology) Suppol1s AISG -48V DC may be powered from Alcatei-Lucent cabinet Supports tlybriflex fiber I power cable bundle Tedanlad Spec:ifieatlona: ---;--,~=---------------------- r.-:-:=:=;-o-:=.;=--------+.:71:;;;167:D~l;:-,N;-;;:F:-em-al7e------------- :c._-,::.:=:.._ ___ 1_-40C='-''"'-o-'--1~55::::C::_ _____________ _ NEW RRH REMOTE RADIO SPECIRCATION 3 ~~~~~~~~-i!li1 Triple Band Dual Polarized Antenna, 806-1995, 80deg, 14·17d8i, 1.Bm, VET, D·10deg, O.Sm AISG cable ;= r "DM!iii*ll""m' lhiS<lnlenna•><l1'l·dealc!1oo{e1ordJalbandsrte.Jpgradefo•h,ght•dl!,(a'e3s :tteatu·es4 poll'> .n H:IQ') M--1l ana 2 po•ts. ,n 8JO ~Hl I II•I*I'I"Nbii•IMMIDn~~llllllllllllllll~llllll• •v.NWe el«triuul downtllt-~ •Mnc:ed pNCWon ln controlling interoll 1 lnt•rf~•· Th• tttt 11 tnft.td ad)wtaba. o-to o.g. •Hlth suppNSSton of atl up!* sidelobes ~plcatly < 11 dB) •Independent conuol of ~I downtlft for 800 and PCS Nndl •LowptOfl .. forlowvlsual~ •Oukk and..., 10 ..... •High front·lo-Hck ratio •AISG to~ JemOW tilt av....,._-Add suffix ·AZO to the mocMf number Mechanical Specifications Dimensions-HxWKD, mm (1n) Weight w/o Mtg Hardware, k:g Ob) 1829x 302x200(720x 11.8x 79) 28 2 (62) Rated W1nd Speed, krrvh (mph! Radome Matenal Radome Color 241 (150) ASA light Grey RAL7035 Mounting Hardware Material Die<asted Aluminum and Galvanized Steel NEW PANEL ANTENNA SPECIFICA llON 2 CHAIN-LINK SECURilY L1 1 1/4" MAX. MESH CHAIN-LINK FABRIC CHAIN-UNK UD DETAILS NOTE: 'o I 1a . <I' GENERAL CONTRACTOR TO CONSTRUCT CHAIN-LINK ENCLOSURE WITH THE FOLLOWING (AS REQUIRED) 1. 1 1/4" X 3/4" TENSION BAR EXTENSION EYE LOOP 2. 1/8" X 3/4" 0 12" O.C. STRETCHER BANDS r----(2)-96"11 HILTI-KWIK BOLTS KB-3 0 9"0.C. (6" MIN. EMB) ICBO ESR-1385 .__ ____ 3"11 STO PIPE (GALV) HORIZONTAL CHAIN-LINK FENCE SUPPORT '-------1/4" THK. STL. COLLAR DIAMETER AS REQ'D. FOR 3"11 HORIZONTAL CHAIN-LINK FENCE SUPPORT '------PL 3/8"x6x12" LONG (Dr--------------- TOP OF CMU WALL CHAIN-LINK FENCE TIE 3/8" PLATE WITH 2-5/8"f REDHEADS DYNA BOLT SLEEVE T -COLLAR 0 BLOCK WALL CONNECTION 2 1 /2"11 HORIZONTAL SUPPORT ANCHORS 3/16" WELD ALL AROUN @r-------------- CHAIN-LINK FENCE TIE 3/16" WELD ALL AROUND T -COLLAR 0 CHAIN-LINK FENCE POST 2 1/2"11 HORIZONTAL SUPPORT VERTICAL CHAIN-LINK FENCE POSTS-WHERE OCCURS (Dr--------------- TOP OF CMU WALL 3/8" PLATE WITH 2-5/8"!1i REDHEADS DYNA BOLT SLEEVE ANCHORS-,~--~~------, 8)~-------------- 1 1/4" MAX. MESH CHAIN-LINK FENCE WITH TIE 3/16" WELD--H· ALL AROUND 2 1/2"11 HORIZONTAL SUPPORT 3/8" PLATE WITH 2-5/8"11 REDHEADS DYNA BOLT SLEEVE ANCHORS TOP OF CMU WALL 0 T -COLLAR 0 BLOCK WALL CONNECTION @)r----------------- 1 Sprint· 18200 VON KARMAN AVENUE, SUITE 100 IRVINE, CAUFORNIA 82812 :=PROJECT INFORMATION: ~._,.j4 .,.;~clU SDG&E STEEL POLE #2718327 1926 SWALLOW LANE CARLSBAD, CALIFORNIA 92009 SAN DIEGO COUN1Y '-CURRENT ISSUE DATE: ~ 05-30-13 II r~,~-: ZD _] EV.:=DATE:--DESCRIPTION:--BY: 0 REVISED 05-30-13 EQUIP. LOCATION RU PLANS PREPARED BY: MSA Architecture eft PlanniDif 31 94 Airport Loop Drive, Suite C1 Costa !.lese, California 92626 ph 949.251.1177 lax 949.261.1120 SlniaMa • San Diego • San Francisco www.msa-ap.com ONSULTANT: )epratti ) REVISION: A6 0 SD34XC8610