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Home My WebLink AboutCUP 260D; Palomar Transfer Station; Conditional Use Permit (CUP) (2)f~ "' .... ~ CITY 0~ CARLSBAD \..,I LAND USE REVIEW APPLICATION P-1 ~1,'1!". -------------... Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Administrative Permit D General Plan Amendment 0 Coastal Development Permit (*) 0 Minor ~ Conditional Use Permit (*) D Local Coastal Program Amendment (*) 1--------1 0 Minor 0 Extension Master Plan D Amendment Ck\P~~ (D) r- ~ Environmental Impact Assessment D Specific Plan 0 Amendment 0 Habitat Management Permit 0 Minor D Zone Change (*) D Hillside Development Permit (*) D Zone Code Amendment D Planned Development Permit 0 Residential 0 Non-Residential D Planned Industrial Permit Li st other applications not specified D Planning Commission Determination D D Site Development Plan D D Special Use Permit D D Tentative Tract Map (*) = eligible for 25% discount 0 Variance 0 Administrative NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 2 0 9-0 50-2 5 ------------------------------------PROJECTNAME: Palomar Transfer Station CUP Modification 260(D) BRIEF DESCRIPTION OF PROJECT: Update of CUP to allow handling of universal waste, home generated sharps and pre-processed food waste,increase greenwaste and construction and demolition waste tipping area by 4,224 sq.ft., and extend existing CUP for 10 years. BRIEF LEGAL DESCRIPTION: A portion of lot A and B of Rancho Aqua Hedionda according to Map 823 filed on-November 16, 1986 LOCATION OF PROJECT: 5960 El Camino Real Carlsbad, CA 92010 ON THE: BETWEEN P-1 East (NORTH, SOUTH, EAST, WEST) Faraday Avenue (NAME OF STREET) STREET ADDRESS SIDE OF Orion Street (NAME OF STREET) AND El Camino Real (NAME OF STREET) Oe-voaoos Page 1 of5 Revised 07/10 c OWNER NAME (Print): County of San Diego APPLICANT NAME (Print): Palomar Transfer Station ~lnc::.• MAILING ADDRESS: 1960 Joe Crosson Pr. MAILING ADDRESS: 5960 El Camino Real CITY, STATE, ZIP: El Cajon, CA 92020 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: (619) 956-4806 TELEPHONE: (760) 603-0152 EMAIL ADDRESS: EMAIL ADDRESS: I CERTIFY THAT1~E LE:;_L OWNER AND THAT ALL THE ABOVE I CERTIF'I' THAT~ I AM THE LEGAL REPRESENTATIVE OF THE OWNER INF~IS 1 ' ' AN . CORRECT TO THE BEST OF MY AND THAT ALL THE *-BOVE INFORMATION IS TRUE AND CORRECT TO KNO~ D~ . ./ _ THE BEST OF MY KNOWLEDGE. ~ -J. 'Wrif;_~JilA 1:·11'1//o -' c:·~i.'·/,c• -~-~jL~-/r)"-. ____ SIGNATURE ' I DATE SIGNATURE DA E ,. ~ APPLICANT'S REPRESENTATIVE (Print): Neil Mohr MAILING ADDRESS: 8514 Mast Blvd. CITY, STATE, ZIP: Santee, CA 92071 TELEPHONE: (619) 449-9026 EMAIL ADDRESS: I CERTIFY-T_HAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANlf' A!ll£tTHAT ALL THE ABOVE INFORMATION IS TRUE AND C9~~~~~~-l~E ~fST OF MY KNOWLEDGE. ' fr": /i ·--tv:~·-" It__ ---/-~-I. ----~ SIGNATURE 'o 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. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. FOR CITY USE ONLY P-1 PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING 0 HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH CCESSORS IN INTEREST. .NATURE Page 2 of 5 OCT 2 5 201J CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 07110 Supplemental Information for CUP 260 (D) SUBJECT: CUP 260(C) -PALOMAR TRANSFER STATION-Recommendation of approval of a Conditional Use Permit Amendment and a ten-year time extension to allow continued operation of the Palomar Transfer Station on a site located on the east side of Orion Street between Faraday Avenue and El Camino Real and within Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. ??? RECOMMENDING APPROVAL of CUP 260(C) based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This project application involves a request for physical and minor operational changes associated with a building expansion to the existing Palomar Transfer Station, and a ten- year time extension. The proposed changed is for a 3,960 square foot expansion of the transfer area building to better accommodate the existing approved green waste. The operation changes include the collection of Universal Waste and the collection of Home Generated Sharps at the existing recycling center. A trash transfer station was originally permitted on this site in 1977, and there have been various extensions and amendments (including a new permit number) granted for the facility since that time. The proposed changes require approval of a CUP Amendment. In 2004, an Environmental Impact Report (EIR) was certified for this site. Based on the existing EIR and the changes proposed by this CUP Amendment, this project is considered Exempt from further CEQA based on ???. Typically, CUPs are decided by the Planning Commission; however, this project requires City Council approval pursuant to the related franchise agreement. There are no unresolved issues associated with the proposed project. Ill. PROJECT DESCRIPTION AND BACKGROUND A. Project Description This project involves both physical and operation changes to the existing Palomar Transfer Station and a time extension. The changes include a 3,960 square foot addition to the transfer station building that would include an additional separate tipping floor area to be used for greenwaste and construction & demolition material. Another change would be to allow for the collection of Universal Waste and Home Generated Sharps at the onsite recycling center. Finally, there is a request for a 10 year time extension to the CUP. Unlike the previous CUP Amendment, there is no request to increase the tonnage thresholds established by the previously approved EIR or current CUP 260(C). The current CUP allows up to 14,000 tons per week at an average of 2,000 tons per day not to exceed 2,250 tons per day. These thresholds will not change as a result of this CUP Amendment, and therefore the overall impacts of the proposed CUP Amendment will not be greater than that which was previously analyzed and valid under the current CUP and EIR. 1 Physical Changes The physical change is for a proposed building expansion to the east and adjacent to the existing tipping floor to add 3,960 square feet of tipping floor area. This area is intended to be utilized for green waste and construction & demolition waste. Currently, the existing tipping floor is used for both municipal solid waste and green waste/C&D. Although there are two load out areas for the transfer trucks, green waste/C&D must be separated and isolated from the MSW until an appropriate transfer truck is available for off-site transport. During this time, the green waste/C&D material is moved around the tipping floor area to allow for the MSW to be pushed into the transfer load out areas. This constant movement of the green waste/C&D is an inefficient use of time and equipment. With the new building expansion, the green waste and the C&D materials will be deposited in a separate bay and held in isolation until the appropriate transfer truck arrives for off-site transport. This will eliminate multiple movements of the material and decrease the change of comingling of the MSW and the green waste. The extension of the building will utilize the same materials as the existing building. The expansion area will provide for an opening between the existing tipping floor and the proposed expansion tipping floor to allow for the green waste/C&D material to be pushed from the expansion area into the one of the two available transfer load out areas at the rear of the existing building. The tipping floor for the expansion area will be at the same elevation as the existing tipping floor to allow for easy movement to the transfer load out bays. The building expansion is not for the purpose of increasing the allowable tonnage. The maximum tonnage allowed by the current CUP will remain the same. Since all mitigation measures and conditions for landscaping, pavement and street improvements were completed in accordance with q.Jp 260(C) and the associated EIR, no further street improvements or on-site physical changes are needed. The project will require issuance of a Grading Permit. Grading volumes for the project are anticipated to be 1 ,500 cubic yards of import with approximately 500 cubic yards of remedial. Operational Changes Operational changes include the collection of Universal Waste and Home Generated Sharps. The Universal Waste to be collected includes Covered Electronic Waste for which the appropriate permit has been obtained from Cal Recycle (CEWID Number 1 00252). The Covered Electronic Waste collected includes computer monitors, florescent light tubes, and other electronic devices as permitted under the CaiRecycle permit. The electronic wastes are stored in a covered 20' x 1 0' x 1 0' container at the buy-back center. These wastes are collected and temporarily stored for up to 1 0 days and then shipped to an ott- site processing center. The site vitill also collect Home Generated Sharps. The sharps will be dropped off by local residents only (no commercial or medical operations) and stored in two locked 96 2 c gallon bio-waste containers. The County of San Diego Department of Environmental Health, Hazardous Materials Division has approved a Home-Generated Sharps Consolidation Point Application. These operational changes have also been included in the Buy Back Center Operations Plan. This Plan provides a comprehensive record of the details for the operation of the Buy Back Center including hours of operation, acceptance procedures, unacceptable waste identification, facility security, staffing, safety, training, maintenance, contingency plans and emergency plans. The operational changes do not include nor necessitate an increase to the allowed tonnage per day that is permitted by the current CUP 260(C) and analyzed in the associated EIR. The current allowed maximum tonnage is 14,000 tons per week, or an average of 2,000 tons per day, not to exceed 2,250 tons per day. Additionally, there are no changes to the hours of operation. The maximum allowed days and hours of operation of the Palomar Transfer Station are as follows: Commercial operations (collection trucks): 5:00a.m. to 8:00p.m. seven days per week. Transport trucks (external traffic to and from station) and loading of transport trucks (internal activity) operations: 4:00 a.m. -12:00 A.M. (midnight) seven days per week. Public access: up to 9:00 a.m. -4:00 p.m. Monday -Friday and 7:30 a.m. - 4:00 p.m. Saturday and Sunday; and Fleet Maintenance activities: 5:00 a.m.-1 :00 a.m. seven days per week. Time Extension The project also includes a request to extend the amended CUP for 10 years. The current CUP 260(C) expired during the processing of this proposed amendment; therefore, any extension of time would be retroactive from March 4, 2012 (the date on which CUP 260(C) expired). The application for CUP 260(D) was submitted on October 25, 2011 and was deemed complete on June 27, 2012. The processing timeframe was extended, by mutual agreement between the City and the applicant, due to contract negotiations at the transfer station and revisions to the site plan to better meet the anticipated facility needs. As stated above, any approval of a 1 0-year time extension would be retroactive. Thus, approval of a 1 0-year time extension would result in a new expiration date of March 4, 2022. B. Site Description The proposed project site is an approximately 11-acre parcel of land (a financial parcel) that is part of a much larger (approximately 203-acre) parcel. The 203-acre parcel is owned by the County of San Diego. The existing trash transfer station occupies 3 approximately seven acres of the 11-acre parcel. That portion of the site is fully developed with the existing transfer station. The project site has a Planned Industrial (PI) General Plan designation and Industrial (M) zoning. The properties to the north have a Governmental Facilities (G) General Plan designation and Industrial with Qualified Overlay (M-Q) and Open Space (OS) zoning. These properties are developed with the City's Fire Station No. 5 (on Orion Way) and the Beckman-Coulter facility (to the northwest). The property to the east has a PI General Plan designation and OS zoning. This area is undeveloped and is part of an open space preservation area identified in the Habitat Management Plan (HMP) as "Core Area 5." The properties to the south have PI and G General Plan designations and have M-Q and OS zoning. The area to the southwest (across Orion Street) is developed with the Carlsbad Municipal Water District (CMWD) offices, and the area to the southeast is undeveloped and is also part of the HMP "Core Area 5" open space preservation area. The property to the west has a General Plan designation of PI and has M-Q zoning. These properties are developed with the City's Hiring Center and the Fed Ex campus. C. Background and Permit History The Palomar Transfer Station has operated as an integral part of the existing solid waste disposal system in the North County since about 1977, facilitating the handling of residential and commercial waste as well as recyclables. Solid waste is collected by commercial haulers or brought in by private individuals and deposited at the facility. The waste is then transferred to trailers that haul it to landfills within the county for final disposal. The facility also includes a recycling/buy back center open to the general public and storage, repair, paint and wash rack areas for the truck fleet that was incorporated into the existing facility by CUP 260. The County of San Diego (Airport Division) is the property owner of the Palomar Transfer Station. The site is leased to the City of Carlsbad, which then sublets the site to the Palomar Transfer Station, Inc. (a wholly owned subsidiary of Republic Service, Inc.) for the operation of the transfer station. As the operator, Palomar Transfer Station, Inc. will continue to comply with Federal Aviation Administration (FAA) requirements and the McClellan-Palomar Airport Industrial and Aviation Area Development and Performance Standards as well as local and state operating requirements. Additionally, Palomar Transfer Station, Inc. has entered into a sublease agreement with Waste Management, Inc. to use a portion of the property for recycling operations, bin storage repair and fleet maintenance. There have been no known recent complaints regarding the operation of this facility. The latest CUP 260(C) along with the Palomar Transfer Station Environmental Impact Report 03-04 was approved by the Carlsbad City Council in February 2005. The amendment allowed for an increase in the tipping floor area to accommodate the increased municipal solid waste (MSW) tons per day and extended operating hours. The amendment also increased the size of the outdoor useable area by 3.9 acres to allow for better public traffic circulation and efficiency in the area used for hauler truck parking and roll-off bin storage. In accordance with the City of Carlsbad City Council Resolution No. 2005-029, the current CUP allows for the processing of up to a maximum of 14,000 tons of waste per week, averaging a maximum of 2,000 tons per day, not to 4 exceed 2,250 tons of solid waste per day. This amendment is NOT requesting any changes to the tonnage that is currently allowed by the CUP or the Solid Waste Facility Permit or the tonnage that was analyzed by the EIR for CUP 260 (C). The table provides the various City permit applications and actions that have occurred over the years. PROJECT NUMBER APPROVALS DESCRIPTION CUP 140 September 1977 Construction and operation of City Council waste transfer station and shredder (no time limit) CUP 140(A) November 1981 Planning To allow recycling (7 year time Commission limit) CUP 140(8) February 1982 Planning To amend conditions (7 year time Commission limit) CUP 260* December 1984 Planning To operate waste transfer station Commission onsite use previously abandoned) (5-year time) CUP 260x1 October 1989 Planning 5-year extension of CUP Commission CUP 260(A) Withdrawn, May 1991 Parking amendment CUP 260x2 November 1994 5-year extension of CUP and Planning Commission revised conditions CUP 260(8) March 1997 Amendment to tipping floor, new Planning Commission parking area, increased capacity (to 800 TPD), revised days and hours of operation, and 5-year time extension (to March 2002). CUP 260(C) February 1, 2005 Increase tipping floor, add City Council loading bay with transfer truck load out, increase truck parking area, increase capacity to 2,250 TPD, 10 year CUP extension to March 2012, revised conditions, approval of EIR • A new application number was assigned because the facility had not been in operation for approximately two years, effectively nullifying CUP 140(8). 5 IV. ANALYSIS The project is subject to the following regulations and requirements: A. Carlsbad General Plan Planned Industrial (PI) designation; B. Industrial (M) Zone regulations (Chapter 21.32 of the Carlsbad Municipal Code); C. Conditional Use regulations (Chapter 21.42 of the Carlsbad Municipal Code); D. lnclusionary Housing regulations (Chapter 21.85 of the Carlsbad Municipal Code); E. McClellan-Palomar Airport Comprehensive Land Use Plan; and F. Growth Management regulations (Chapter 21.90 of the Carlsbad Municipal Code); A. General Plan Staff has analyzed the proposed project for consistency with the City's General Plan. Staff has concluded that the project is consistent with the PI General Plan designation as discussed in the table below. ELEMENT USE, GOAL, PROPOSED USES OR OBJECTIVE, OR IMPROVEMENTS PROGRAM Land Use, "To provide industrial The proposed project involves the Industrial, lands which can expansion and continued operation of Objective B.l accommodate a wide the existing trash transfer facility, range of industrial which is an allowed use under the PI uses, including those designation as implemented by M of relatively high zoning. intensity, while minimizing negative impacts to land uses." Land Use, Growth "A City that The requested use expansion is Management and responsibly deals with being proposed in order to deal with Public Facilities, the disposal of solid the amount of solid waste expected to Goal A.3 and liquid waste." be generated by continued growth in the area. B. Industrial (M) Zone regulations The existing transfer station is permitted in the M (Industrial) Zone subject to approval of a Conditional Use Permit. Because there is no residentially zoned property adjacent to the transfer station, there are no setback requirements or building placement requirements/restrictions that apply to the project. The transfer facility, as modified by this amendment, would remain in compliance with all applicable requirements of the M Zone as demonstrated in the table below. 6 c STANDARD REQUIRED/ALLOWED PROVIDED Minimum Lot Area N/A 10.98 ac Maximum Lot N/A 12.5% age Maximum Building 35 ft./3 levels with 45 ft. (at highest point from Height protrusions to 45 ft. per lowest grade) Sec. 21.46.020 Minimum Front Yard None required unless 185 ft. (Orion right-of-way to Incorporated by CUP existing scale house) Minimum Side Yards None required unless 60ft. (southeast side; lease incorporated by CUP parcel line to existing paint booth) 60ft. (no change) Minimum Rear Yard N/A 1 00 ft. (east side; lease parcel line to existing tipping floor) 44ft. (east side; lease parcel line to proposed tippinQ floor) C. Conditional Uses Conditional uses such as the existing transfer facility possess unique and special characteristics which make it impractical to include them as permitted uses "by right" in the various zoning districts. Staff has reviewed the proposed CUP Amendment and has concluded that the necessary findings can be made as discussed in detail in the table below. FINDING That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, including, if applicable, the certified local coastal program, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. 7 RESPONSE The transfer station use provides a needed service for the community by storing collected trash for more efficient transfer to disposal sites. The use is located on a site designated by the General Plan for Planned Industrial (PI) uses and is in an area designated by the General Plan as least desirable for residential uses (sites in the general area of the flight path of the airport). The property is also zoned for industrial uses (M zone). Therefore, the use is consistent with the General Plan. The project site is surrounded by areas zoned for open space or industrial uses. Much of the surrounding area is undeveloped. The developed sites contain industrial type That the site for the intended use is adequate in size and shape to accommodate the use. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. D. lnclusionary Housing uses (e.g., the CMWD office and equipment storage yard, Safety Center, etc.). Therefore, the facility is not detrimental to any existing-uses or permitted uses in the area. The proposed changes to allow for the collection of Covered Electronic Waste and Home Generated Sharps can be accommodated within the proposed site boundaries. The proposed expanded tipping floor for the greenwaste will allow for better utilization of the existing site as well as reduce the potential for the co mingling of waste materials. All of the existing yards, setbacks, walls, fences, landscaping, and other features necessary to accommodate the proposed use have already been provided and will continue to be maintained. The proposed modifications to the facility would occur within the proposed CUP boundaries, thus requiring no parcel adjustments. No new yards, fences, or other features are needed to accommodate the use to the area. The street system serving the site is currently adequate to properly handle all traffic (1 ,045 ADT) to be generated by the use. The prior CUP 260 (C) provided for the widening of Orion Street and the addition of curb, gutter, and sidewalk as well as two new project entrance lanes to ensure that any queuing does not negatively impact the function of Orion Street. These previously constructed improvements have worked well for the site. The proposed use expansion is non-residential in nature; consequently, the project has been conditioned to pay a non-residential inclusionary housing linkage fee, should the City establish such a fee before a Building Permit has been issued for the project. 8 c E. McClellan-Palomar Airport Comprehensive Land Use Plan The project site is within the Airport Influence Area of McClellan-Palomar Airport. A small comer of the project site (which does not contain any structures or other identified work areas) is also within the Flight Activity Zone. No portion of the project site is within any identified noise contour line (i.e., 60 dBA CNEL or higher) of the airport. The proposed structural changes would all be consistent with the applicable development standards of the M zone, including the M zone height restriction of 35 feet/3 levels with protrusions (ie., not usable floor area) allowed up to 45 feet. The proposed amendments would also not substantially increase the number of people working in the project area. The number of employees (fewer than 1 00) working at the project site does not constitute a large assemblage of people. Therefore, the proposed project (operational and structural changes and the expansion) would not result in a safety hazard for people residing or working in the area. A Part 77 form was provided to the FAA in March 2012. On June 6, 2012 a "DETERMINATION OF NO HAZARD TO AIR NAVIGATION" letter was issued by the FAA. The letter stated that the proposed addition to the building would not be a hazard to air navigation and requires that within 5 days a Notice of Actual Construction {Form 7460-2) must be submitted to the FAA. On June 7, the San Diego Regional Airport Authority issued an Airport Land Use Commission Consistency Determination for the proposed project. The letter states that the proposed project is consistent with the McClellan-Palomar Airport ALUCP. No additional conditions were added to the project. F. Growth Management The proposed project is located within Local Facilities Management Zone 5 in the northeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in the table below. STANDARD IMPACTS COMPLIANCE City Administration N/A N/A Library N/A N/A Wastewater Treatment Facility No Demand Increase Yes Parks $0.40/SF (LFMP Zone 5 Yes Fee) Drainage .5 CFS; Basin BP (No Yes Demand Increase) Circulation 1 ,045 ADT (No Demand Yes Increase) Fire Station No. 5 Yes 9 - Open Space N/A Yes Schools Statutory Fee Yes Sewer Collection System 4 EDU (No Demand Yes Increase) Water No Demand Increase) Yes V. ENVIRONMENTAL REVIEW As a part of the processing for the prior expansion of the Palomar Transfer Station -CUP 260(C), an Environmental Impact Report (EIR) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental Protection Procedures {Title 19) of the Carlsbad Municipal Code. The Palomar Transfer Station EIR analyzed the following areas of potential environmental impact: Aesthetics Land Use and Planning Agricultural Resources Noise Air Quality Population and Housing Biological Resources Public Services Cultural Resources Recreation Geology, Soils, and Mineral Resources Traffic and Circulation Hazards and Hazardous Materials Public Utilities Systems Hydrology and Water Quality Additionally, the EIR included other sections required by CEQA such as an Executive Summary, Introduction and Project Description, Environmental Setting & Impact Analysis, Growth Inducing Impacts, Significant Irreversible & Irretrievable Commitment of Resources, Cumulative Impact Analysis, Alternatives Analysis and Mitigation Summary. The analysis contained in the EIR concluded, based upon field surveys, literature reviews and the previously prepared Initial Study, that the proposed project would result in no significant impacts to aesthetics, agricultural resources, cultural resources, geology soils & minerals, hazards & hazardous materials, land use & planning, noise, population & housing, public safety, recreation, traffic, and public utilities systems. Impacts to the remaining resources (air quality & odor, biological resources, and hydrology & water resources) were found to be less than significant when mitigation measures were incorporated. Table ES-1 within the EIR lists the mitigation measures identified for the project. The EIR was certified on February 1 , 2005. In accordance with ???, the proposed project was determine to be exempt from further CEQA review. This is due to the minimal changes proposed by the project and the fact that none of the changes will create impacts beyond that which was analyzed in the EIR. 10 ' . ~ <•' .... "'' ~. '~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [i] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application!.!:!. contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Palomar Transfer Station ) IN v Address: 5960 El Camino Real Carlsbad, CA 92008 Phone Number: (760)603-0152 PROPERTY OWNER Name: County of San Diego Address: 1960 Joe Crosson Dr. El Cajon, CA 92020 Phone Number: (619)956-4806 Address of Site:. __ __,_5"""'9_,6'-'0"---=E=-'I,__,C=<-=a-'-'m_,_i,_,_n_,_,o"--...:.R~e.!::a..!.I_C~a,_,_r..!.l ~s_,b...::a,_,d~_,C~A~9-=2:....:0~0 ~8 _____ _ Local Agency (City and County):City of Carlsbad/County of San Diego Assessor's book, page, and parcel number: _ __.2::.::0~9_,-0"""5~0-'-2::.::5'---------------- Specify list(s): ____________________________ _ Regulatory Identification Number: _______________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 07/10 ~ \_( •! ·~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECTNAME: Palomar Transfer Station Modification CUP 260(D) APPLICANT NAME: Palomar Transfer Station l~c- Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: See attached Project Description P-1(8) Page 1 of 1 Revised 07/10 Palomar Transfer Station CUP 260(D) Modification - Project Description: 1.0 CUP MODIFICATION OVERVIEW The proposed project application is a request to modify CUP 260(C) to allow for the handling of Universal Waste, the handling of home generated sharps, the handling of pre- processed food waste, a 4,224 square foot increase to the tipping floor area for green waste and construction and demolition (C&D) waste handling, and a request to extend the existing CUP for an additional 1 0 year period. Background1 The Proposed Project site is approximately 11 acres and is located in the northeastern quadrant of the City of Carlsbad east of South Orion Way and south of Faraday A venue. The property is owned by the County of San Diego and surrounded by lands that have been incorporated into the City of Carlsbad. The Proposed Project site is leased by the City from the County. The City in tum subleases the site to the transfer station operator (Palomar Transfer Station, Inc.). Waste Management, Inc. subleases from Palomar Transfer Station, Inc. to utilize a portion of the property for storage, and fleet and container maintenance. The Palomar Transfer Station has operated in the City of Carlsbad (City) since 1977. The latest CUP 260(C) along with the Palomar Transfer Station Environmental Impact Report 03-04 was approved by the Carlsbad City Council in February 2005. The amendment allowed for an increase in the tipping floor area to accommodate the increased municipal solid waste (MSW) tons per day and extended operating hours. The amendment also increased the size of the outdoor useable area by 3.9 acres to allow for better public traffic circulation and efficiency in the area used for hauler truck parking and roll-off bin storage. In accordance with the City of Carlsbad Planning Commission Resolution No. 5800 Condition No. 20, the current CUP allows for the processing of up to a maximum of 14,000 tons of waste per week, averaging a maximum of 2,000 tons per day, not to exceed 2,250 tons of solid waste per day. This amendment is NOT requesting any changes to the tonnage that is currently allowed by the CUP or the Solid Waste Facility Permit. The facility processes residential and commercial MSW and recyclables collected by commercial haulers or private individuals. The MSW is dumped onto a tipping floor, and then pushed to the back of the building by front-end loaders where it drops into long haul trailers for transport and final disposal at various landfills 1 Background information was obtained from the Final Palomar Transfer Station EIR 03-04 dated September 2004, and the Planning Commission Resolution 5800 dated December 1, 2004. At times the wording is verbatim from these two sources. 1 within San Diego County. In addition to waste transfer, the existing facility also includes a recycling/buy-back center and areas used for storage, repair, paint and wash racks for the truck container fleet. Construction and demolition (C&D) materials and green waste materials such as yard and landscape clippings, tree branches and other wood trimmings are accumulated in a separate area of the tipping floor. This segregation of C&D/green waste from the MSW is to reduce the potential for cross contamination since these materials will be transported separately for processing. The green waste materials are then processed and recycled into mulch and are used for erosion control and alternative landfill cover. The C&D materials are also recycled and reused offsite. 2.0 2011 CUP 260(D) MODIFICATION PROPOSAL Palomar Transfer Station, Inc., a subsidiary of Republic Services, Inc. (formally Allied Waste, Inc.), is the owner and operator of the Palomar Transfer Station and is requesting a CUP modification (CUP 260(D)) in order to allow the following changes to their existing CUP: • Modify the existing building and tipping floor by adding 4,224 square feet to provide more efficient separation and handling of the C&D and greenwaste thereby reducing mixing and cross contamination of other wastes; • Allow for the acceptance of Universal Waste at the discretion of the transfer station operator. • Allow for the acceptance of home generated sharps at the discretion of the transfer station operator. • Allow for the acceptance of pre-processed food waste at the discretion of the transfer station operator. • Request for an extension of the existing CUP 260(C) by 10 years. 3.0 ANTICIPATED IMPACTS The environmental impacts of the proposed CUP amendment appear to be less than significant. Aesthetics will not be impacted due to the site lines into the facility, and the existing landscaping that has been planted along the perimeter for visual screening. This landscape plan will continue to block much of the site from the public. The proposed building expansion will be made of similar construction materials and color. 2 Air Quality will not be negatively impacted due to the proposed CUP modification. Air quality mitigation measures contained in EIR 03-04 will continue to be effective in reducing airborne fugitive dust and particulate emissions from construction and operation activities: 1) All grading activities shall cease during periods of high winds, and 2) The Developer shall employ existing fogging systems during trash dumping and loading operations. 3) The Developer shall continue to limit vehicle speeds on-site to 10-15 mph. Additional vehicle trips generated by the proposed modification are expected to be less than significant. Air quality might actually improve since local residents will not have to drive further distances to dispose of universal waste. Additionally, with the increase in the tipping floor area, air quality might be slightly improved due to the greater efficiency in the reduced movement of the C&D/green waste materials. Traffic impacts of the proposed modification are expected to be less than significant. The increase in the tipping floor area will not result in an increase in C&D/green waste and no increase in tonnage is being requested, therefore no additional traffic will occur as a result of the increased tipping floor area. Hazards and Hazardous Materials, additional precautions and employee training will be provided as required by all applicable regional, state and federal regulations and enforcement agencies for the handling of Universal Waste. However, based on the small amount of Universal Waste to be accepted and handled at the site, impacts should be minimal and will be mitigated to less than significant in accordance with the strict regulations and enforcement of applicable agencies. Biological and Cultural Resources will not be impacted due to the location of the proposed modification to the tipping area, constructed entirely on land that is currently used as a driveway within the boundary of the existing facility. Geology and Soils Resources have been evaluated in the previous EIR as well as in the Geotechnical Investigation Report dated April 5, 2006. The proposed project will result in no significant impacts to soils and geology. Hydrology and Water Quality Palomar Transfer Station hydrology and water quality have been fully evaluated as part of EIR 03-04. Palomar Transfer Station operations will continue to comply with the ongoing permitting and reporting requirements by regional, state and federal agencies. The proposed modification will continue to employ all applicable and approved Best Management Practices (BMPs) on-site, as well as maintain compliance with the approved Storm Water Prevention Plan. Impacts to water quality from the proposed modification are expected to be less than significant. 3 --~--~--~----------·---~------------------------- Noise will not be affected since there will only be a minimal mcrease m operations due to the acceptance of small amounts of universal waste. Population and Housing will not be affected because the proposed CUP modification will not increase the number of jobs at the project site and does not propose any housing. In accordance with all regional, state and federal permits, the current operations and conditions upon which the Palomar Transfer Station operates will continue to ensure that environmental impacts by the proposed CUP 260(D) Modification application will be less than significant. 4 «~" ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4~~ Applicant Signature: .?J~ Staff Signature: C ~ ~f~ Date: /0 f-z,~ (II ----------------------------------------- To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Neil Mohr Corp/Part------------ Title General Manager Title-=--------------- Address8514 Mast Blvd Santee. CA 92071Addres=s~----------- 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person: County of San Diego Corp/P-=a~rt'------------ Title ___________ _ Title. _____________ _ Address:1960 Joe Crosson Or. Address EI_Cajon,CA 92020 Page 1 of 2 Revised 07/10 0 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit!Trust Non Profit!Trust ·------------------- Title. ____________________ _ Title ______________ _ Address __________________ _ Address _____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve ( 12) months? D Yes ~ No If yes, please indicate person(sJ-!,: __________ _ NOTE: Attach additional sheets if necessary. I certify that all the apove information is true and correct to tt;\e't>,rstmmy knowledge. ?~itR Dss, N ~Vv'AifR 0\RECTOR oF !\l~~l.) Print or type name of owher . I Signature of applicant/date ~~L---p V\ 01t12- Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 ~ "".~''"~ «~)~•·· ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development 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. Examples: single family homes, multi-family homes, Commercial-greater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercia I nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels· office automotive dea airfields· and other I industrial facilities. Heavy Industrial I Industry-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, etc.). Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532-7534, and 7536-7539 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 land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria uirements and romodification E-34 Page 1 of 3 REV 1/14/11 X X X X X 6. 7. 8. 9. 0 4~.' .. ~; "'' ~r )'~ ~· CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Hillside development. 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 X twenty-five percent (25%) or greater. Environmentally Sensitive Area fESAJ 1• All development located within or directly adjacenf to or discharging directly3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the X ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site 10% or more of its naturally occurring condition. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban X runoff Streets, roads, highways, and freeways. Any paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles X 10. Retail Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet X 11. Coastal Development Zone. 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%. X 12. More than 1-acre of disturbance. Project results in the disturbance of 1-acre or more of land and is considered a X Pollutant-generating Development Projed. ·~ --·-·· . ~ .. .. 1 Enwonmentally Sens1bve Areas mclude but are not hm1ted to all Clean Water Act Sect1on 303(d) 1mpa1red water bod1es, areas designated as Areas of Spec1al Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. INSTRUCTIONS: Section 1 Results: If you answered YES to ANY of the 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 ~ «~{~'i> ~· CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov INSTRUCTIONS: Complete the questions below regarding your project YES 1. results in the disturbance of 1-acre or more of land and is Development IN S: If you answered NO, please proceed to question 2. you If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP box in Section 3 below. 4. 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 NO X X X 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 rPnnn\IPn Pvr1n,:,inn onn.Pr""'r on soil construction. INSTRUCTIONS: I you answered you ARE a significant redevelopment, you 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 project 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 definition see Footnote 4 on page 2 My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I 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 -~ I~" ~w Applicant Information and Signature Box Address: 5960 El Camino Real Applicant Name: Neil Mohr E-34 Assessor's Parcel Number(s): 209-050-25 Applicant Title: General Manager Date: October 24, 2011 Page 3 of 3 This Box for City Use Only City Concurrence: l YES l NO I I By: Date: Project ID: REV 1/14/11 c ATTACHMENT "1" 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 Palomar Transfer Station CUP 260(D)Modification APPLICANT OR APPLICANT'S REPRESENTATIVE BY: Stan Weiler, Howes, Weiler & Associates DATE: October 24, 2011 RECEIVED BY DATE: I D-~CS-1' P-21 Page 3 of6 Revised 07/10 c CERTIFICATION I RONALD COGSWELL/ TITLE PRO INFORMATION SYSTEMS HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINES THE NAMES, ADDRESSES AND- PARCEL NUMBERS OF ALL -PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON THE LATEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY WITHIN THE AREA DESCRIBED AND REQUESTED BY YOU THE CLIENT, THE REQUIRED RADIUS MEASURED FROM THE EXTERIOR BOUNDARIES OF THE PROPERTY REQUESTED AND DESCRIBED AS APN: 209-050-PORTION OF 25 600 FT. RADIUS c 2. Facility Operator Palomar Transfer Station, Inc. (PTSI) is a subsidiary of Allied Waste Industries, Inc. (A WI). PTSI prepaid a 25-year facility lease from the County of San Diego in 1997 as part of the purchase by A WI of all solid waste assets of the County. Palomar Transfer Station continued to be operated from 1997 through June 2002 by Coast Waste Management and its successor, Waste Management, Inc., pursuant to a prior lease with San Diego County Department of Public Works-Airports. Effective June 1, 2002, PTSI executed the following leases and subleases with San Diego County, the City of Carlsbad and Waste Management, Inc.: • PTSI assigned its 1997 25-year master lease with San Diego County to the City of Carlsbad. • The City of Carlsbad subleased the transfer station premises back to PTSI. • PTSI subleased to Coast Waste Management I WMI the portion of the site and facilities used for storage and maintenance of refuse bins and collection vehicles, and offices and ancillary facilities used in Waste Management's operation of its refuse collection business. Following execution of these agreements, PTSI' took over operation of the transfer station, assisted by a contractor engaged to prov\de equipment and personnel for site operations. PTSI employees oversee contracto~ operations and operate the transfer station scalehouse. As the permittee for operation of the transfer station, PTSI is responsible for compliance with regulatory 'requirements of the state, county and other responsible agencies associated with station operations. WMI is responsible for all facilities and activities subject to its sublease with PTSI for the refuse collection business. In summary, the transfer station owner, lessor ~d operator are listed as follows: Owner County of San Diego Department of Airports 1960 Joe Crosson Drive El Cajon, CA Telephone (619) 956-1236 Lessee City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Telephone (730) 434-2821 Palomar Transfer Station TPR Amended December 2008 2 A-Mehr, Inc. Sublessee I Operator Palomar Transfer Station, Inc. 8514 Mast Blvd. Santee, CA 92071 Telephone (619) 449-9026 Appendix A contains copies of the lease documents described above. Appendix B contains resume information on PTSI's parent company, Allied Waste Industries. 3. Facility Description 3.1 Location Palomar Transfer Station is located at 5960 El Camino Real, Carlsbad, California, on approximately 11.0 acres of land near the Palomar Airport. Access to the site is by El Camino Real or Faraday A venue. El Camino Real and Palomar Airport Road are the primary routes used to access the site from major highways including I-5 and SR 78. The transfer station site is on Assessors Parcel No. 97-0085-Al. The property is owned by the County of San Diego, Airport Division. The legal description is contained in Appendix A-1, Exhibit A. The following exhibits provide additional informapon on the site location: • Figure 1 • Figure 2 3.2 Adjacent Land Uses Site Location Map Vicinity Map Existing land uses that currently surround the ·Palomar Transfer Station include a mixture of industrial and commercial uses to the north and west, and open space to the south and east. The Carlsbad Safety Center ahd City skateboard park are located north of the site. A large Federal Express operations center and the Carlsbad Municipal Water District operatio~s facility are located west of the site. The property to the north of the site is designated by the Carlsbad General Plan as Government Facilities (G) and Open Space (OS). The areas south of the site have General Plan designations of Planned Industrial (PI) and Government facilities (G). The property to the southwest contains the City of Carlsbad's Hiring Center. The remainder of the property to the south of Palomar Airport Road is currently being developed as the Bressi Ranch Master Planned community. Properties to the east of the site are General Plan designations of OS and PI and are zoned OS. The property to the west has a General Plan designation of PI and "Industrial-Qualified Overlay" (M-Q) zoning. Palomar Airport is located west ofthe facility on the opposite side of El Camino Real. There are presently no residential structures within one mile of the facility property Palomar Transfer Station TPR Amended December 2008 3 A-Mehr, Inc. City of Carlsbad Faraday Center Faraday Cashiering 001 1129801-1 10/25/2011 32 Tue, Oct 25, 2011 08:38AM Receipt Ref Nbr: R1129801-1/0005 PERMITS -PERMITS Tran Ref Nbr: 112980101 0005 0005 Trans/Rcpt#: R0086975 SET#: CUP0260D Amoun~: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 0006279077) Check (Chk# 001605) Total Received: Have a nice day! 1 @ $2,562.96 $2,562.96 $2,562.96 $2,562.96 $2,240.00 $322.96 $2,562.96 **************CUSTOMER COPY************* ~-·---· ---· ··------------------ " 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111~111111111 Applicant: PALOMAR TRANSFER STATION Description Amount CUP0260D 2,562.96 Receipt Number: R0086975 Transaction ID: R0086975 Transaction Date: 10/25/2011 Pay Type Method Description Amount Payment Check 2,562.96 Transaction Amount: 2,562.96 ~~lli!J Emeet J Oronenburg, .K. Recorder County dedi NOTICE OF EXEMPTION NOVH. 3A~Byao To: SD County Clerk From: CITY OF CARLSBAElt-----=o='=E=PU:-::TY~ Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego, CA 921 01 Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Filing of this Notice of Exemption is in compliance with Section 211 52b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: CUP 260(D)-Palomar Transfer Station Project Location-Specific: 5960 El Camino Real (APN: 209-050-25) Project Location-City: .!:::C~ar~ls~b~a.!:!,d ___ _ Project Location -County: San Diego Description of Project: Conditional Use Permit Amendment and a retroactive ten year extension to allow the: 1) expansion of the existing transfer station tipping bay structure; 2) collection of universal waste; and 3) collection of home generated sharps needles. Name of Public Agency Approving Project: .::::C:!.!itc,.L..y..!:::o.!....f.::::C~ar~ls~b~a~d ___________ _ Name of Person or Agency Carrying Out Project: Tyler Overton, Palomar Transfer Station, Inc. Name of Applicant: Stan Weiler, Howes, Weiler & Associates Applicant's Address: 2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 Applicant's Telephone Number: .!....7~60~-..::..9::.;29::....·.:.2::.:28~8::....E:::;x~t:.:::.en~s::!.:io~n.!...,4...:..;0~2=------------- Exempt Status: (Check One) 0 Ministerial (Section 21 080(b )(1); 15268); 0 Declared Emergency (Section 21 080(b)(3); l5269(a)); 0 Emergency Project (Section 21080(b)(4); 15269 (b)(c)); [8] Categorical Exemption -State type and section number: .::::S.!:.:ec~t~io~n~l:...:::5~3~03::._ ______ _ 0 Statutory Exemptions-State code number: ----------------- 0 General rule (Section 15061 (b )(3)) Reasons why project is exempt: New construction of small structures. Lead Agency Contact Person: .!...P~am~D~r~e.!!w ____ _ Telephone: (760) 602-4644 FILED I~ THE OFF CE OF THE COUNTY CLER /-9-~ DON NEU, City Planner San OleQQ.Count.Y on NOV 13 ZOi2 P--·•o -NOV T 3 7.012 Removed DH 14 l01Z Rerur1e_ .. ~.;: _ --DEC 14 2012 Deputy . H. A Date Date received for filing at OPR: Revised 04/1 2 EQest J. Dronenburg, J.O 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#: 283421320121113 Deputy: HA YUY AO CITY OF CARLSBAD NOV 15 2012 PLANNING DEPARTMENT Location: COUNTY ADMINISTRATION BUILDING 13-Nov-2012 16:50 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# 20120945 ------ 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 St~te of California-The Resources A~ DEPARTMENT OF FISH AND ~E ' 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEAR\!: LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECTTITLE CUP 260(D)-PALOMAR TRANSFER STATION PROJECT APPLICANT NAME STAN WEILER, HOWES, WEILER & ASSOCIATES PROJECT APPLICANT ADDRESS 2888 LOKER AVENUE EAST SUITE 217 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration CITY CARLSBAD 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs IZI County Administrative Fee 0 Project that is exempt from fees IZI Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other------------------- PAYMENT METHOD: 0 Cash 0 Credit 1Z1 Check 0 Other_1_6_1_6 ___ _ SIGNATURE H. Ayuyao X l RECEIPT# SD2012 0945 STATE CLEARING HOUSE#(IfapplicableJ STATE CA 0 State Agency $2,919.00 $2,101.50 $850.00 $992.50 $50.00 DATE 11/13/2012 DOCUMENT NUMBER *20120945* PHONE NUMBER 760/929-2288 X 402 ZIP CODE 92010 1Z1 Private Entity $ _______ _ $ ______ _ $ ______ _ $ ______ _ $ $50.00 -------- $ ______ _ TOTALRECEIVED $ ____ ___.:;$..:..50.:..:·..:..00.:.... llllllllllllllllllllllllllllllllllllllllllllllllll ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, November 6, 2012, to consider approval of a Condi- tional Use Permit Amendment and a retroactive ten year extension to allow the: 1) expansion of the existing transfer station tipping bay structure; 2) collection of universal waste; and 3) collection of home-generated sharps needles on a site located on the east side of Orion Street between Faraday Avenue and El Camino Real and within in Local Facilities Management Zone 5 and more particularly described as: A portion of lots A and B of Rancho Agua Hedionda according to Map No. 823 filed in the Office of the County Recorder of San Diego County on November 16, 1986 Whereas, on October 3, 2012 the City of Carlsbad Planning Commission voted 6-0 to recommend approval of a Conditional Use Permit Amendment and a retroactive ten year extension to allow the: 1) expansion of the existing transfer station tipping bay structure; 2) collection of universal waste; and 3) collection of home-generated sharps needles on a site located on the east side of Orion Street between Faraday Avenue and El Camino Real and within in Local Facilities Management Zone 5. PALOMAR TRANSFER STATION CUP 260(0) Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after November 2, 2012. If you have any ques- tions, please contact Pam Drew in the Planning Division at (760) 602-4644 or pam.drew@carlsbadca.gov. If you challenge the Conditional Use Permit Amendment and Extension 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, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carls- bad, CA 92008, at or prior to the public hearing. CASE FILE: CUP 260(D) CASE NAME: PALOMAR TRANSFER STATION ) PUBLISH: October 26, 2012 CITY OF CARLSBAD/CITY COUNCIL (~~CITY OF ~CARLSBAD 0 0 FILE COPY Cj./'5·1~ 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, October 3, 2012, to consider a request for the following: CASE NAME: CUP 260(D)-Palomar Transfer Station PUBLISH DATE: September 21, 2012 DESCRIPTION: Request for a recommendation of approval of a Conditional Use Permit Amendment and a retroactive ten year extension to allow the: 1) expansion of the existing transfer station tipping bay structure; 2) collection of universal waste; and 3) collection of home-generated sharps needles on a site located on the east side of Orion Street between Faraday Avenue and El Camino Real and within in Local Facilities Management Zone 5. 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 Pam Drew in the Planning Division at (760) 602-4644, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.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 ® ·~ 0 0 FILE COPY (,~~CITY OF ¥CARLSBAD 1/·7·1/ Community & Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: Palomar Transfer Station PROJECT NUMBER: CUP 260(D) This early public notice is to let you know that a development application for a 1 0-year extension of a Conditional Use Permit to: 1) extend the existing permit for 10 years; 2) construct an additional 4,224 square foot tipping floor area; 3) collect universal waste; and 4) collect home generated medical sharps (needles), has been submitted to the City of Carlsbad on October 25, 2011. The project application is undergoing its initial review by the City. LOCATION: The project site is located 5960 El Camino Real, east of South Orion Street and south of Faraday Avenue. PROJECT DESCRIPTION: To extend the existing permit for 10 years to: 1) extend the existing permit for 1 0 years; 2) construct an additional 4,224 square foot tipping floor area; 3) collect universal waste; and 4) collect home generated medical sharps (needles). Please keep in mind that this is an early public not.ice 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 Pam Drew, Associate Planner at Pam.Drew@carlsbadca.gov, (760) 602-4644, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008 or W. Tyler Overton, Environmental Specialist at woverton@republicservices.com , (619) 449-9579, Republic Services, 8514 Mast Boulevard, Santee, CA 92071. I ~. · · .. Planning Division ~~~~---------------------------------------------------------------------s:~. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® NOTICE OPUBLIC HEARING-CITY OF c -~LSBAD """'"' Response must be received by: September 19,2012 Public Hearing Date: October 3 2012 Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE, CARLSBAD, CALIFORNIA, 92008 Public Hearing Time: -=6:"""0"""0-"=.m~.,__-------------------------------- Project Title: PALOMAR TRANSFER STATION Lead Agency: CITY OF CARLSBAD -PLANNING Contact Person: ---'P'-'a""m"'--'=D:.!..re""w""",,_,A"""s:<.:s""o""'ci,at,e'-'P"""I"'an~n!.!'e"-r _____ _ Street Address: 1635 FARADAY AVENUE Phone: l,.!(7-"'6"""0)._,6=0=2-_,4"'-64"-'4'------------------ City: CARLSBAD Zip: """'9""'20=0=8'--------County: SAN DIEGO COUNTY PROJECT LOCATION~ County: SAN DIEGO COUNTY City/Nearest Community: ~C~IT~Y~O~F~C~A~RL~S~B:.!..A~D~------------- Cross Streets: Faraday A venue and El Camino Real Total Acres: ----"3-'-'.9'-=ac"""r.:ces"-------------- Assessor's Parcel Nos. 209-050-25 Section: Twp. Range: Base: ___________________ _ Within 2 Miles: State Hwy #: I-5 Waterways: Agua Hedionda Creek & Calavera Creek Airports: McCLELLAN/PALOMAR Railways; NCTD Schools: __ __,C::.::ar:!.!l.::.:sb""a,d ________ _ ENVIRONMENTAL DOCUMENT: CEQA: D NOP D Supplement/Subsequent D Early Cons D EIR (Prior SCH No.)------------- 0 Neg Dec [8J Other: Notice of Exemption per Section 15303-new D DraftEIR LOCAL ACTION TYPE: 0General Plan Update D 0General Plan Amendment D 0General Plan Element D Ozone Code Amendment D DEVELOPMENT TYPE: construction of small structures. Specific Plan Master Plan Planned Unit Development Site Plan D Rezone [8J Use Permit D Land Division (Subdivision, Parcel Map, Tract Map, etc.) 0Residential: Units ..!.N.!L/!..!A.__ _________ Acres _____ _ Domce: Sq. Ft. NIA Acres _____ _ Ocommercial: Sq. Ft. N/A Acres _____ _ [8Jindustrial: Sq. Ft. 3 960 Acres _____ _ D Annexation D Redevelopment D Coastal Permit D Other: _______ _ 0Recreational: ..l.N.!L/!:.!A~----------------------- PROJECT ISSUES DISCUSSED IN DOCUMENT: OAestheticNisual D Flood Plain/Flooding D Schools/Universities 0Agricultural Land D Forest Land/Fire Hazard D Septic Systems 0Air Quality D Geological/Seismic D Sewer Capacity 0Archaeological!Historical D Minerals D Soil Erosion/Compaction/Grading Dcoastal Zone D Noise D Solid Waste 0Drainage/ Absorption D Population/Housing Balance D Toxic/Hazardous 0Economic/Jobs D Public Services/Facilities D Traffic/Circulation 0Fiscal D Recreation/Parks D Vegetation Present Land Use/Zoning/General Plan Use Present Land Use: Transfer station for municipal solid waste and green waste Zoning: Industrial (M) General Plan: Planned Industrial (PI) Project Description: D Water Quality D Water Supply/Ground Water D Wetland/Riparian D Wildlife D Growth Inducing D Land Use D Cumulative Effect D Other: The project includes a request for a Conditional Use Permit Amendment and a retroactive ten year extension to allow the: I) expansion of the existing transfer station tipping bay structure; 2) collection of universal waste; and 3) collection of Home Generated Sharps needles. Mail notice to: San Diego County Clerk of the Board of Supervisors, Public Notice Hearings, Mail stop A-45, Room 402, 1600 Pacific Highway, San Diego, CA 9210 I Where documents are located for Public Review: Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008 April2011 PROOF OF PUBLICATION (2010 & 2011 C.C.P..~ STATE OF CALI FORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudi.cated newspapers of general circulation by the Su~erro~ Court of the County of San Diego, State of Cahforn1a, 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 no~pari~l), has been published in each regular and ent1re 1ssue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 215\ 2012 I certi~ (~r declare) under penalty of perjury that the forego1ng 1s true and correct. Dated at Escondido, California On this 21st, day of ........ nrm m,----, Jane Allshouse NORTH COUNTY TIMES Legal Advertising This space is fo e PLANNING COMMISSION fY.W.!& HEARING NOTICE IS HEREBY GIVEN to you. beCause your interest may be alfoctcd, that the Planning CommissiOn of the City of Car1sbad w111 hold a publiC hearing at the Council Chambers, 1200 Car1sbad VII· l~~ge Onve Csrtsbad. California, at 6:00p.m. on Wednesday. October 3, 2012, to consider the fol\ow1ng 1) CUP 260(12} • P~~ IRANSEgR STATION • Request for a recom· mendat1on of approval o! a ~ond1hona! Usa Permit Amendment and a e!IOliCI ve ten year extension to alloW the. 1) expansoon of the eJOSbng transfer tabon lipping bay structure. 2) coUection ol universal waste; and 3) co!lectJOO o! homO-generated sharps needles on a Site located on the east side of Onon Street betwoen Faraday Avenue and El CaminO Real and within m Local Fa· clbties Management Zone !> 2l,S;UP lMV : EOBII.S f~ §! STRENGTH • Request for a Conditional Vse Permllto aii"OW"FOrlls F1tness & Strength to operate a speciallY fitness gym In a vacant 1 0,566 square foot space located with1n an existing office/industrial dev!llopment on property located at2712 Gateway Road, in the P·M Zone and in Local Facilities Management Zone 17 The protect IS exempt from the California Environmental Quality Act. 3) ~OP 11·13 • ZEPHYR cOJlfl! $VBD!VIS!ON • Request for approval of a COllsta1 Oevolopllll.-nt Permrt to allow for the constructiOn of t 6 single familY. residences on a 5.64 acre s1te generally located on the east side of Btacl< Ra1l Road. south of Pomsetba Lane, 1n the Mello II Segment ol the Local Coastal Program and w1th1n Local Fac.!lties Management Zone 20 No potonbal!y s.gntfiC&nl wnpacts would result w1th the implementatiOn of th1s protect that were not prev1ousJy examined and evaluated in the Mitigated Neg· aliVe Declaration and M1t1gahon Monitonng and Reporting Program for the Tabata Residential SubdiVIsion project CT 03-06, dated October 19, 2004 (City Council Flesoluhon No 2004·318). This protect IS not located wrthin the appealable area of the C8tifomla Coastal Commission. 4) SQf ~: DH!MAfi ®QJ2ABQ .s.gjQQ!. ·Request for approval of a Site Development Perm1t to dove!op a t.O!> acre parcel w1lh a·8,!>70 square loot child care fac1hty located on the southwest corner ol College Boulevard and Red Bluft Place In VIllage Y ol the Calavera Hills Master Plan Phase II and 1n Local Fac.hlles Management Zone 7. The pr0f8i:l is .exempt from the California Enwonmental Quality Act ' . If you challenge !hese projects 1n court. you may be limited to raising only those issues you ot someone else ra1sed at the public hearing descnbed 1n th1s notiCe or In wntten correspondence delivered to the City of Carlsbad at or prior to the public hearing. Cop1es of the enwonmental documents are available at the Planning Division a! 1635 Faraday Avenue during regular business hours from 7:30am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wish1ng to speak on these proposals are cordially Invited to attend the public hearing. Copies of the staff reports will be available online at htiP;I/car!sbad granlcus comNiewEublisher.p!Jp?yjew id-6 on or after the Fr1· day prior to the hearing dale. If you have any questions, please call the Planning Division at (760) 602-4600 PUBLISH: September 21,2012 nct2322670 ,',i~ "' 4 ~ CITY OF CARLSBAD c EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of4 Revised 07/10 c ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ) o-a S-1 I (To be completed by City) Application Number(s): C,.u.p ~ <oO (..[) ) General Information 1. Palomar Transfer StationCUP 260(D)Modification Nameofpr~ect: ------------------------------------------------------- 2. Name of developer or project sponsor: Palomar Transfer Station, Inc. Address: 8364 Clairmont Mesa Blvd. City, State, Zip Code: ___ s_a_n_n_i_e_g_o_,_CA __ 9_2_1_1_1 ____________ _ Phone Number: ___ (_8_5_8_) _6_3_7_-_5_6_1_0 _________________ _ 3. Name of person to be contacted concerning this project: _N_e_1_· _l __ M_o_h_r ________________ __ 4. 5. 6. 7. 8. Address: 8514 Mast Blvd. City, State, Zip Code: Santee, California 92071 Phone Number: ( 619) 449-9026 Address of Project: ___ 5 __ 9_6_o __ E_l __ c_a_m __ i_n_o __ R_e_a_l ____________________________ _ Assessor's Parcel Number: _____ 2_0_9_-_o_5_o_-_2_5 ______________ __ List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Existing General Plan Land Use Designation: Planned Industrial (PI) Industrial Zone (M) Existing zoning district: ------------------------------------------------- Existing land use(s): ___ P_l_a_n_n_e_d ___ I_n_d_u_s_t_r __ i_a_l __ (_P_I__:_) ----------------------- 9. Proposed use of site (Projectforwhich this form is filed): Transfer station green waste expansion area,allow handling of universal sharps and pre processed food waste. Project Description waste, home generated 10. Site size: ___ 1_o_._9_8 __ A_c __ r_e_s ____________________________________________ __ 11. Proposed Building square footage: 4, 225 square feet 12: Number of floors of construction: ___ s_i_n...:g:...l_e __________________________________ __ 13. Amount of off-street parking provided: ___ n_o __ c_h __ a_n_g_e __ t_o __ e __ x_i_s_t_i_n_g __ p __ a_r_k_i_n_g ____ _ 14. Associated projects: CUP 260 (C), EIR 03-04 P-1(0) Page 2 of4 Revised 07/10 .~~----------~-.~--------------------- 0 15. If residential, include the number of units and schedule of unit sizes: N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ---------------------- N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ 18. 19. P-1(0) No change to existing operations. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: --------- N/A If the project involves a variance, conditional us~ or rezonil)g applications, state this and indicate clearly why the application is required: _c_u_P_J._s __ r_e_q:..u_J._r_e_d_. __________ _ see attached Page 3 of4 Revised 07/10 c Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial 0 E9 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. D D D D D D D 29. Substantial change in demand for municipal services (police, fire, water, sewage, D etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: D D 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: Ocz. e ~~ eO!/ Signatur For: /. $-...,,_, ek/Ld/Z. . /.v{,c.J•'~ 4J.-,G4!'"..12 .,lOA/~ ;...os-:s-.-~1'.110;74111'~ P-1(0) Page 4 of4 Revised 07/10 -< , ~ EIA Information Form Palomar Transfer Station CUP 260(D) Modification Environmental Setting 32. The Proposed Project site is located on approximately 11 acres in the northeastern quadrant of the City of Carlsbad east of South Orion Way and south of Faraday Avenue. The existing facility consists of a 43,883 square foot municipal solid waste (MSW) transfer station serving the solid waste disposal needs of Carlsbad and adjacent communities since 1977. The proposed conditional use permit (CUP) will allow for a 4,224 square foot expansion of the existing transfer station tipping area to provide for the efficient collection and separation of green waste materials. In addition to the green waste expansion area, the CUP update will allow. for the handling Universal Waste, home-generated medical sharps, and pre- processed food waste, as well as request a 10 year extension of the existing CUP 260(C). The Palomar Transfer Station is located approximately four miles east of the Pacific Ocean in northern San Diego County, California. The topography of the site is relatively flat, with the site elevation ranging from approximately 285 feet to 322 feet above mean sea level. Soil stability was fully evaluated in the Geotechnical Investigation Report prepared by Converse Consultants, on April 5, 2006. The existing transfer station is comprised of existing scale booth, office building, waste collection bays, tipping areas, fuel island, buy back and recycling center, employee break room, repair and maintenance area, and truck and auto parking. The proposed expansion area is located entirely within the existing boundaries of the Palomar Transfer Station lease area, previously evaluated in the Palomar Transfer Station EIR 03-04. Update of the CUP includes no increase in allowable tonnage, and therefore no impacts to traffic are expected. No additional parking or adjustments are needed to yards, fences or other features needed to accommodate the use to the area. 33. The Proposed Project is situated within the industrial corridor of the City, northeast of McClellan Palomar Airport. The area is characterized by large industrial parks comprised of office, manufacturing and warehouse buildings, and open space. Across the site directly north of Faraday A venue, lies the Carlsbad Public Safety and Service Center, consisting of the Carlsbad Fire Station No. 5, the Carlsbad Police Department, and a Joint First Responders Training Facility on Orion Way. Existing buildings at the Safety Center include one and two-story buildings, and a 5-story training tower under construction. Across Orion Way, west of the site is a FedEx freight and shipping facility. The adjacent properties to the south and east - are zoned Open Space (OS), and are composed of canyon and hills with native vegetation. Characteristic natural habitats off-site but in the project vicinity include annual grassland, coastal sage scrub, and chaparral. The geology of the area consists of granitic outcrops occurring on hilltops. An archaeological literature review and field survey of the site conducted in accordance with EIR 03-04 identified no prehistoric or historic sites within the project area. (~~ CITY OF ~'CARLSBAD c Memorandum June 13, 2012 To: Pam Drew, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: CONDITIONS OF APPROVAL PROJECT 10: CUP 260(0) PALOMAR TRANSFER STATION Land Development Engineering has completed its review of the above referenced project for compliance with the previously determined issues. The project appears to comply with City engineering standards and all issues have been addressed. Please add the following conditions of approval to the approving resolution or letter: Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 2. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 10. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CUP 260(0) PALOMAR TRANQR STATION June 13, 2012 Page 2 Fees/ Agreements 12. Developer shall cause property owner or developer to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. I 13. Developer shall cause property owner or developer to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Grading 28. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a minor grading permit for this project is required. Developer shall process grading plans via the building permit process. Technical studies/reports may be required subject to the city engineer's review. Developer shall pay all applicable grading plan check and permit fees per the city's latest fee schedule. 32. Developer shall comply with the city's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 35. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF} pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 39. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP}. These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Utilities CUP 260(0) PALOMAR TRANQR STATION June 13, 2012 Page 3 61. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. David Rick Associate Engineer-Land Development Engineering Pam Drew From: Sent: To: Subject: Attachments: c Gregory Ryan Thursday, November 17, 2011 5:32PM Pam Drew RE: CUP260(D) PALOMAR TRANSFER STATION RE: CUP260(D) PALOMAR TRANSFER STATION 0 These should be considered conditions of approval. As for the fire hydrant, I would prefer that it be relocated to a location no less than 40-feet from any building. 1 c 0 After my review of the proposed plan submitted on behalf of Waste Management Corp. I submit the following Comments: 1. The collection of 'Universal Waste' shall be permitted through County of San Diego, Environmental Health Department. In addition, any collection of UW in excess of that permitted in the Carlsbad Fire Code, Chapter 27, shall be done so only under an 'Operational Use Permit' issued by the Carlsbad Fire Department. This is not limited to electronic component waste alone. 2. The collection of universal waste that results in the dismantling and segregation of material types shall be done so in accordance with the Carlsbad Fire Code. And an 'Operational Use Permit' issued by the Carlsbad Fire Department. 3. The collection of any medical waste shall be permitted through County of San Diego, Environmental Health Department. In addition, any collection of Med Waste, shall be done so only under an 'Operational Use Permit' issued by the Carlsbad Fire Department. 4. The collection of any hazardous household waste shall be permitted through County of San Diego, Environmental Health Department. In addition, any collection of HHW in excess of that permitted in the Carlsbad Fire Code, Chapter 27, shall be done so only under an 'Operational Use Permit' issued by the Carlsbad Fire Department. 5. As part of the Universal Waste collection process the accumulation of electrical storage devices (batteries) shall not exceed that which is allowed by the Carlsbad Fire Code, Chapter 27. This includes all types of batteries and is not limited to dry cell, wet cell, gel cell, metal hydride, etc. etc. Lastly, the Outdoor Area where this proposed activity is to take place shall follow the requirements of CFC, Ch. 27, Sec. 2703.12. Any area that meets or exceeds the minimum standards of these requirements shall be required to first obtain a permit from the Carlsbad Fire Department. CUP260(D) PALOMAR TRANSFER STATION.docx c Discretionary Review Checklist PROJECT NUMBER: CUP 260(D) BUILDING ADDRESS: 5960 El Camino Real Waste Management Co. -Palomar Transfer Station PROJECT DESCRIPTION: Modification of Conditional Use Permit ASSESSOR'S PARCEL NUMBER: ....:2:..:0:.=.9-....:::0:.=.50:::_-.=25=---------------- FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: Date ----- ATTACHMENTS DENIAL Please see the attached report of deficiencies marked with IRI. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: fi. Ryan: Date 11/16/11 By: Date: ----------------- By: Date: ----------------- FIRE DEPARTMENT CONTACT PERSON NAME: Gregory L Ryan Deputy Fire Marshal ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4663 ,df~_A. C I T Y 0 F VcARLSBAD Planning Division August 1, 2012 Chip Wertz Waste Management 2400 W. Union Avenue Englewood, CO 80110 .. '\~& 0/v)12- FILE COPY www.carlsbadca.gov GAy 12 -Of RE: COMPRESSED NATURAL GAS (CNG) FUELING FACILITY LOCATED AT 5960 EL CAMINO REAL, CARLSBAD, CALIFORNIA Dear Mr. Wertz: The City of Carlsbad Planning Division finds the following for the Compressed Natural Gas (CNG) Fueling Facility: 1) The CNG Fueling Facility has been administratively approved and no additional permits are required from the Planning Division. 2) The project is exempt from environmental review per CEQA Guidelines Section 15303 -New Construction of Small Structures (CNG trailer & fueling stations); 15303(d) -Gas Line Extension; and 15304(f) -Minor Alterations to Land (trenching). A Notice of Exemption was filed with the San Diego County Clerk on June 20, 2012. If you have any questions regarding this project, you may contact me at (760) 602-4644 or pam.drew@carlsbadca.gov Sincerely, ~D~ PAM DREW Associate Planner City of Carlsbad Planning Division c: Sherri Newland; Project Engineer; ET Environmental, P.O. Box 4967, 220 S. Second Av, Ste 201-2, Ketchum, ID 83340 enc James Denson Jr., Environmental Protection/Project Manager, Waste Management, 1001 W. Bradley Av, El Cajon, CA 92020 Tyler Overton, Environmental Specialist, Republic Services, 8514 Mast Blvd, Santee, CA 92071 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 . NOTI.CE OF EXEMPTION To: SD County Clerk Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 From: [?0[1(g@ !:rnest J Dronenburg. Jr .. Recorder Count~ Clerk JUN. 20 2012 E. Tamez BY ____ ==::-; CITY OF CARLSBAD DEPUTY Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 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: Compressed Natural Gas (CNG) Fueling Facility Project Location-Specific: 5960 El Camino Real, Carlsbad, CA 92010 Project Location -City: -=C=ar=ls:;.=b=a=-d--~-Project Location -County: San Diego Description of Project: Install a CNG facility (trailer and fueling stations) within the existing parking area of the Palomar Transfer Station. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: Sherri Newland, ET Environmental Name of Applicant: =Sh=e:::rr=i'-"N'-'-e::.;w'-'"'l=an=d""----------------------- Applicant's Address: PO Box 4967, Ketchum, Idaho 83340 ,·iLED iN THE OFFICE OF THE COUNTY CLERK S';'.d.n 01-i).go Co•~ ,.,.. JUN 2 0 2012 Applicant's Telephone Number: ~20~8i:-2,57:Ic8~-::!:4.!:14:!j8L_ ____ ..::.::_"~~v~~ ... ,~"'"'~'=:::::=~=:;;;:.-7)-;;-:; Posted JUN. Z Q !Qii Removed .i U L 2 3 2012 Exempt Status: (Check One) D Ministerial (Section 21080(b)(l); 15268); 0 Declared Emergency (Section 21080(b)(3); 15269(a)); 0 Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Returned to aQeD9' on J U L Z 3 2012 Deputy_ E. Tamez [g) Categorical Exemption-State type and section nu.rnber: 15303-New Construction of Small Structures (CNG trailer & fueling stations); 15303(d) ·-gas line extension; and 15304 (f)- Minor Alteration to Land (trenching). Statutory Exemptions -State code number: 1) Installation of a small CNG trailer & fueling stations; 2) extension of an existing gas line and trenching; 3) and backfilling where the surface is restored. D General rule (Section 1506l(b)(3)) Reasons why project is exempt:----------------------- Lead Agency C.ontact Person: =-Pa=m==D=r=ew""---~--Telephone: (760) 602-4644 ~n ~-1'1-12 DON NEU, City Planner Date Date received for filing at OPR: Revised 04/12 NOTICE OF EXEMPTION To: SD County Clerk Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 From: [?0!1@@ l:.rnest.l Dron~nburg . .lr. Recorder Count) Clcr~ JUN 20 Z0 1Z E. Tamez BY ____ -=~;:v CITY OF CARLSBAD DEPUTY Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 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: Compressed Natural Gas CCNG) Fueling Facility Project Location-Specific: 5960 El Camino Real, Carlsbad, CA 92010 Project Location -City: .:::C=aro..:;ls=b=a=d ___ _ Project Location -County: San Diego Description of Project: Install a CNG facility (trailer and fueling stations) within the existing parking area of the Palomar Transfer Station. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: Sherri Newland, ET Environmental Name of Applicant: ::.S!..!:he"'-'-m.!..!·'-"N-'-'e"-'w_,_,l=an~d,__ ___________________ _ Applicant's Address: PO Box 4967, Ketchum, Idaho 83340 ;i..EO IN THE OFFICE OF THE COUNll' CLERK S<'ll Diego c"'~ on JUN Z 0 2012 Applicant's Telephone Number: ~20~8~-25Ic78~-14~14:!_l8L_ ____ ~~~~v .. ~·...,.~;::::====:::;;:;:;-:;:--;-; Posted JUN 2 0 Zot2 Removed J U L 2 3 2012 Exempt Status: (Check One) Returned to aQef!~ on J U L Z 3 2012 D D D ~ Ministerial (Section 21 080(b )( 1 ); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Deputy E. Tal'lle'Z Categorical Exemption -State type and section number: 15303 -New Com;truction of Small Structures CCNG trailer & fueling stations); 15303(d) --gas line extension; and 15304 (f) - Minor Alteration to Land (trenching). Statutory Exemptions -State code number: 1) Installation of a small CNG trailer & fueling stations; 2) extension of an existing gas line and trenching; 3) and backfilling where the surface is restored. 0 General rule (Section 1506l(b)(3)) Reasons why project is exempt:---------------------- Lead Agency Contact Person: "-P!:'!am.!.!....!::D=r=ew'-'--------Telephone: (760) 602-4644 Q_yt G-!Cf-12 DON NEU, City Planner Date Date received for filing at OPR: Revised 04/1 2 ~~te of California-The Resources A~y DEPARTMENT OF FISH AND GAME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEAR~ LEAD AGENCY CITY OF CARLSBAD Planning Division RECEIPT# SD2012 0529 STATE CLEARING HOUSE#!Ifapplicable! DATE 06/20/2012 COUNTYISTATEAGENCY OF FILING San Diego JUtt 2, 2012 DOCUMENT NUMBER *20120529* PROJECTTITLE Compressed Natural Gas (CNG) Fueling Facility PLANNiNG OEPAH I MENT PROJECT APPLICANT NAME Sherri Newland PROJECT APPLICANT ADDRESS PO Box4967 PROJECT APPLICANT (Check appropriate box): (ZJ Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration CITY Ketchum 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs IZJ 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: STATE ID 0 State Agency $2,919.00 $2,101.50 $850.00 $992.50 $50.00 $ $ $ $ $ PHONE NUMBER 208/578-4148 ZIP CODE 83340 0 Private Entity $50.00 $ ______ _ 0 Cash 0 Credit IZJ Check 0 Other_#_3_5_44_1 __ _ TOTALRECEIVED $ ____ _:.$_50_._00_ X - SIGNA~R 11111111111111111111111111111111111111111111111111 ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7108) ----~-~--·······-------------------- E.Cst J. Dronenburg, JrO 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#: 274186020120620 Deputy: ETAMEZ Location: COUNTY ADMINISTRATION BUILDING 20-Jun-2012 15:34 FEES: 50.00 Qty of 1 Fee Notice of Exemption for Reffl SD2012 0529 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 c (f) Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76137 Issued Date: 06111/2012 Sherri Newland ET Environmental PO Box 4967 Ketchum, ID 83340 v Aeronautical Study No. 2012-AWP-4518-0E **DETERMINATION OF NO HAZARD TO AIR NAVIGATION** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 ofthe Code of Federal Regulations, part 77, concerning: Structure: Location: Latitude: Longitude: Heights: CNG Fueling Trailer Carlsbad, CA 33-08-10.00N NAD 83 117-16-04.00W 323 feet site elevation (SE) 25 feet above ground level (AGL) 348 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is( are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: __ At least 10 days prior to start of construction (7 460-2, Part I) _X_ Within 5 days after the construction reaches its greatest height (7460-2, Part II) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 12/11/2013 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BEE-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION Page 1 of5 OF CURRENT OPERATIONS ~E AREA OF THE STRUCTURE TO ~ERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOT AM) can be issued. As soon as the normal operation is restored, notify the same number. Ifwe can be of further assistance, please contact our office at (310) 725-6557. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 20 12-A WP-4518-0E. Signature Control No: 165838687-166606681 Karen McDonald Specialist Attachment( s) Case Description Map(s) Page 2 of5 (DNE) CaQescription for ASN 2012~A WP~4518-~ Portable compressed natural gas (CNG) fueling trailer with minor site improvements. CNG fueling inclueds a 150HP compressor enclosed in a trailer to refuel CNG-powered vehicles. Security upgrades include construction of 4, 25' mounting poles. Page 3 of5 • died Map for ASN 2012-A WP-4518-0 Page 4 of5 Se"'~aonal Map for ASN 2012-A WP-4518-0 .... Page 5 of5 <~CITY OF ~CARLSBAD Utilities Department June 8, 2012 Mr. Tim Caulder Real Property Agent c Department of Public Works, Airport Division County of San Diego 1960 Joe Crosson Drive El Cajon, CA 92020 RE: The Palomar Transfer Station Lease, Lease #71987R Dear Mr. Caulder, - www .carlsbadca.gov This letter is to request the County of San Diego's authorization to make permanent changes to the Palomar Transfer Station, located at 5960 El Camino Real, Carlsbad. Coast Waste Management, Inc. (CWM) Is proposing to install a small Compressed Natural Gas (CNG) facility at the Palomar Transfer Station. The project would Include: 1) tying Into an existing natural gas line, located within the right-of-way on Faraday Avenue; 2) a trailer that would compress the natural gas; and 3) fueling stations located in the parking lot. This facility will be considered an accessory use by the City of Carlsbad. CWM recently entered into a ten year contract with the city of Carlsbad to provide waste hauling services to residential and commercial customers. The contract requires CWM to change its fleet over to CNG vehicles over the first three years of the contract. A CNG facility at the Palomar Transfer Station will provide CWM with the opportunity to convert the fleet more quickly, and reduce the need to drive outside of the area for fueling. Please call me at 760-438-2722 X7110 if you have any questions. Senior Management Analyst cc: Pam Drew, City of Carlsbad Sherri Newland, ET Environmental Rodrigo Huertero, Allied Waste Services Utilities Department 5950 El Camino Reali Carlsbad, CA 920081 76(}-438-2722 I 760-431-1601 fax East Elevation • New 3 Soulh Elevation 112"•1".4" 3 •1 2 North Elevation • New _...._ '2-ET1t85 &~lk e ~-F~I~e~et~F~u~e~le~r~-------------------------------------------------------------------------1~1~n=3n=0~1~2 5960 El Camino Real, Carlsbad, CA 92008 Working Draft· Rev B -,_,, _,.,.... 6iiO ET~ 3 --1M"Tl1SS ... e SW Perap!Ctfve 7 ~~F~Ie=et~Fu~e=ler~------------------------------------------------_,,a-~ __ ,2 5960 8 <:amino Real, Cattsbad, CA 92008 WOI1ung D<all-Rev B !La t E* I a; I ET ~ 5 - H G F E D c B A 12 DO NOT USE N, TIEB~IS FOil MAN.JfACTUlE Oil: SALE OF ,.tJ>PAI!ATUS WlrHOIJI" PERMSSk)N. I 12 101'' 11 -J _I 10 9 8 7 6 TOP VIEW - FRONT VIEW, DOORS HIDDEN 10 9 8 7 6 5 MAN 40 t _l 16" 37 1/8" L 5 4 3 2 ISOMETRIC VIEW ROOF PANas REMOVED l1l§.g§jj 1§39 REAR VIEW 11llf PRELIMINARY LAYOUT Cl:. I 88 "·' 4 "" A H G F E D c A Aif'~.A_ C I T Y 0 F VcARLSBAD LJ FILE Planning Division November 30, 2012 Howes Weiler & Associates Attn: Stan Weiler 2888 Loker Avenue, East, Ste. 217 Carlsbad, CA 92010 SUBJECT: NOTICE OF RESTRICTION-CUP 260(0)-PALOMAR TRANSFER STATION Dear Applicant: 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 260(0). Please ensure the following items are addressed prior to returning the Notice of Restriction: v' 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)) v' Document must be properly notarized. v' Name on signature page and name on Notarial Acknowledgement must match. v' Property owner's signatures/initials must be the same as on Notary Acknowledgement. v' 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). v' Include property owner's name in the designated space above the owner's signature. v' 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, /-·D~ PAM DREW Associate Planner c: CEO Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 -{~~CITY OF ~~p CARLSBAD c Community & Economic Development November 7, 2012 www.carlsbadca.gov Howes Weiler & Associates Attn: Stan Weiler 2888 Loker Avenue, East, Ste. 217 Carlsbad, CA 92010 SUBJECT: NOTICE OF RESTRICTION-CUP 260{D)-PALOMAR TRANSFER STATION Dear Applicant: 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 260{0). Please ensure the following items are addressed prior to returning the Notice of Restriction: ../ 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)) ../ Document must be properly notarized . ../ Name on signature page and name on Notarial Acknowledgement must match . ../ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ../ 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) ../ Include property owner's name in the designated space above the owner's signature . ../ 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, '1p '7) "'\ l'~L/~ Pam Drew Associate Planner c: CED Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® PETER DRINKWATER DIRECTOR OF AIRPORTS October 31, 2012 c DEPARTMENT OF PUBLIC WORKS COUNTY AIRPORTS 1960 Joe Crosson Drive, El Cajon, CA 92020 (619) 956-4800 FAX: (619) 956-4801 Web Site: www.sdcounty.ca.govfdpwfairports.html 0 CITY OF CARLSBAD NOV 05 2012 PlANNING DEPARTMENT Pam Drew, Associate Planner City of Carlsbad via email Pam.Drew@carlsbadca.gov 1635 Faraday Ave. Carlsbad, CA 92008 CARLSBAD PLANNING COMMISSION RESOLUTION NO. 6907 CUP 260(D); PALOMAR TRANSFER STATION Dear Ms. Drew, This letter is in response to your Planning Commission Resolution No. 6907 (copy attached). Please know that a review of the Resolution has been made and we want to call your attention to Conditions 13 and 14 with the following comments: • The Resolution says either the owner or developer can execute a Geologic Failure Hold Harmless Agreement. County appreciates and is passing on the opportunity to sign the Geologic Failure Hold Harmless Agreement. County does not object to the developer executing the Geologic Failure Hold Harmless Agreement. • The Resolution says either the owner or developer can execute a Drainage Hold Harmless Agreement. County appreciates and is passing on the opportunity to sign the Drainage Hold Harmless Agreement. County does not object to the developer executing the Drainage Hold Harmless Agreement. If you have any questions, please call me at (619) 956-4806. Very truly yours, --r-: .) r7 ~~~~ TIM CAULDER, Real Property Agent TC:tc Enclosure Cc: Airport Mgr (N137); Airport Engineer (0200); Tyler Overton woverton@republicservices.com; Stan Weiler stanweiler@hwplanning.com 20120435 Safe Communities • Sustainable Environments • Healthy Families fv\iu!~1 ro/Lk\\v .4f~A_ CITY OF VcARLSBAD DFILE Planning Division www.carlsbadca.gov October 4,2012 Stan Weiler, Principal Howes Weiler & Associates 5927 Balfour Court, Suite 202 Carlsbad, CA 92008 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: CUP 260(D)-PALOMAR TRANSFER STATION At the October 3, 2012 Planning Commission meeting, your application was considered. The Commission voted 6-0 to recommend approval of your request. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please contact your project planner Pam Drew at (760) 602-4644 or pam.drew@carlsbadca.gov. DON NEU, AICP City Planner DN:PD:bd c: Peter Drinkwater, Director of County Airports, County of San Diego, 1960 Joe Crosson Drive, El Cajon, CA 92020 W. Tyler Overton, Environmental Specialist, Republic Services, 8514 Mast Boulevard, Santee, CA 92071 Data Entry File enc: Planning Commission Resolution No. 6907 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® c ('A{,u]Jd 4?(~ tllZ- .4f~A,_ C I T Y 0 F VcARLSBAD FILE COPY Planning Division www.carlsbadca.gov June 27, 2012 Stan Weiler, Principal Howes Weiler & Associates 5927 Balfour Court, Suite 202 Carlsbad, CA 92008 SUBJECT: 2nd REVIEW FOR CUP 260(0)-PALOMAR TRANSFER STATION The items requested from you earlier to make your Conditional Use Permit, application no. CUP 260{D) 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. If you have any question, you may also contact each commenting department individually as follows: • Planning Division: Pam Drew, Associate Planner, at {760) 602-4644 • Land Development Engineering Division: David Rick, Associate Engineer, at {760) 602-2781 • Fire Department: Gregory Ryan, Fire Inspections, at {760) 602-4661 Sincerely, DAVE de CORDOVA Principal Planner CD:PD:bd c: Peter Drinkwater, Director of County Airports, County of San Diego, 1960 Joe Crosson Drive, El Cajon, CA 92020 W. Tyler Overton, Environmental Specialist, Republic Services, 8514 Mast Boulevard, Santee, CA 92071 Don Neu, City Planner Scott Donnell, Senior Planner David Rick, Associate Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® J~.A,_ CITY OF VcARLSBAD Planning Division November 22, 2011 Stan Weiler, Principal Howes Weiler & Associates 5927 Balfour Court, Suite 202 Carlsbad, CA 92008 c SUBJECT: 1st REVIEW FOR CUP 260(0)-PALOMAR TRANSFER STATION ~ttCQQd n ~2---/11 LJ FILE www.carlsbadca.gov Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Conditional Use Permit, application no. CUP 260(D), 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) three (3) 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 25, 2011, 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: In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Pam Drew, at (760) 602-4644, 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: Gregory Ryan, Fire Inspections, at (760) 602-4661. Sincerely, /) ~ /' /-f~/Lb>-~· DAVEdeCORDOVA Principal Planner CD:PD:bd c: Peter Drinkwater, Director of County Airports, County of San Diego, 1960 Joe Crosson Drive, El Cajon, CA 92020 w. fyler Overton, Environmental Specialist, Republic Services, 8514 Mast Boulevard, Santee, CA 92071 Don Neu, Planning Director Scott Donnell, Senior Planner David Rick, Associate Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ·C~ 2Ei0·.: ft> ... )~A~R TRAN~ STATION Noverq#:>• 2Q11 : P'aM'.,-,.. ··- 0 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Provide additional information in regard to the pre-processed food, such as: a. How many additional ADT's would result? b. What type of processing equipment would there be and where would it be located? c. Would there be odor and noise issues from this machine? d. Please include any other pertinent information necessary for staff to determine if this additional use would create any environmental impacts. 2. Indicate top and bottom elevations for the proposed retaining wall. Show these elevations at each end of the wall and in the middle. 3. Indicate the existing and proposed grades and the height on all building elevations in relation to Mean Sea level (MSL). 4. Show spot elevations at the corners of each pad. Engineering: None Fire: None ISSUES OF CONCERN Planning: 1. Other items required and applicable to this project are noted on the attached redline drawings. Please return the redline drawings with your next submittal. Engineering: 1. Further describe the operation of transferring green waste to and from the project site. Do green waste collection trucks currently haul the waste to a different facility? If so, will they begin to transfer it to the expanded facility, thus adding additional collection truck trips to the site? Are separate trucks used to collect resident and business sharp medical waste, green waste and landfill waste? If additional trips are expected, then an amendment to the existing traffic study under CUP 260(C) may be required, depending on the number of increased trips. Once you have assembled this information, I suggest that you send the information to me prior to your next formal submittal so that I may determine if an amendment to the traffic study is necessary. 2. On the site plan, use thin dashed lines to distinguish the existing contours from the solid heavier lines of propose<;! contours. If the grades of the driveway are lowered, identify the depth of the storm drain underneath the proposed grade and show that the pipe is designed to withstand the expected truck load at a shallower depth. 0 CUP 260(0)-PALOMAR TRANSFER STATION 0 November 22, 2011 Page 3 3. If the fire department determines that removal of the fire hydrant is not permissible, identify where the fire hydrant will be relocated. Also, plot the water line connection to the hydrant. Identify if the hydrant is public or private. According to DWG 443-3A, the grading plans for the previous expansion of the transfer station identified the fire hydrant as private. If any evidence suggests otherwise, please forward that information to me as all my research indicates that the on-site fire hydrants are private. 4. Identify on the site plan the amount, il1 square feet, of pervious area that will be replaced by impervious area. Show how stormwater runoff from the expansion, including the roof area, will comply with the city's standard stormwater requirements. Since the soil in the vicinity of the expansion has high porosity (silty sand above broken sand stone formation per borings BH-, BH-2, and BH-3 of the Geotechnical Study dated April 5, 2006) and the groundwater table is at least 10 feet deep, draining the roof to pervious pavement is a viable option to consider. Please refer to Standard Stormwater Requirements in Section 1 of the City of Carlsbad SUSMP for further information. The link is at http://www. ca rls badca .gov /business/build ing/Docu me nts/E ngSta ndsw-stds-vol4-ch2. pdf. 5. Include a plan showing the property boundaries in relation to the lease area. An example from CUP 260C is enclosed for your reference. 6. Numerous easements appear on the property title report yet only two appear within the lease area as depicted on the site plan. Please determine if any of these easements encumber the lease area. If none of the other easements encumber the lease area, then state so with a note on the site plan. 7. Address the commentson the attached redlined site plan. Fire: 1. Relocate the existing private fire hydrant no less than 40-feet from any building and depict on the revised plans. July 2, 2010 Ms. Pam Drew Associate Planner City of Carlsbad 1635 Faraday A venue Carlsbad, CA 92008 0 ' Subject: Palomar Transfer Station update of CUP 260( c) Dear Ms. Drew, 0 RECEIVED JUL t 3 2010 CITY OF CARLSBAD PLANNING DEPT Enclosed you will find our application for the Palomar Transfer Station CUP 260( c) modification. The modification had been requested to address handling of materials such as universal wastes and sharps at the Transfer Station. I have also attached the cover sheet and part of section 2.7 of our Environmental Impact Report (EIR) number 200307117 5 or City of Carlsbad EIR number 03-04 that was prepared for recent changes to the Transfer Station. This EIR addressed management of the universal waste stream. Please contact me with any questions you may have. Sincerely, W. Tyler Overton d~A_ CITY OF VcARLSBAD c Planning Division www.carlsbadca.gov November 10, 2011 San Diego County Regional Airport Authority Airport Land Use Commission P.O. Box 82776 San Diego, CA 92138-2776 SUBJECT: APPLICATION FOR DETERMINATION OF CONSISTENCY -PALOMAR TRANSFER STATION-CUP 260(D) To whom it may concern: Enclosed please find an "Application for Determination of Consistency" for a 4,224 square foot addition to an existing transfer station and to allow handling of universal waste and home generated sharps needles at 5960 El Camino Real. The proposed structure is located within Review Area 1 of the McClellan-Palomar Airport Influence Area. Please feel free to call me at (760) 602-4644 or email me at pam.drew@carlsbadca.gov if you have any questions. Sincerely, ~-..-:4(~,-· .. ,.,.,.· /. ~..?? PAM DREW Associate Planner PD:sm Enc: Application for Determination of Consistency Title Report dated May 3, 2011 APN page Project plans cc: File 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® <I" Mail Processing Cent~ Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76137 Issued Date: 06/06/2012 Neil Mohr Palomar Transfer Station, Inc. 8514 Mast Boulevard Santee, CA 92071 0 Aeronautical Study No. 2012-A WP-2456-0E **DETERMINATION OF NO HAZARD TO AIR NAVIGATION** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 ofthe Code ofFederal Regulations, part 77, concerning: Structure: Location: Latitude: Longitude: Heights: Building -Palomar Transfer Station Carlsbad, CA 33-08-07.00N NAD 83 117-15-57.00W 311 feet site elevation (SE) 44 feet above ground level (AGL) 355 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition( s ), if any, is( are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: __ At least 10 days prior to start of construction (7460-2, Part I) _X_ Within 5 days after the construction reaches its greatest height (7460-2, Part II) FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports, identifies this land use as a hazardous wildlife attractant, and provides procedures and conditions to ensure compatibility with safe airport operations. You must contact GEORGE BULEY, AIRPORTS DIVISION(@ 310 725-3771) before beginning any construction at the site to verify that no potential to attract hazardous wildlife on or near public- use airports exists. Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport. This determination expires on 12/06/2013 unless: Page 1 of 4 (a) extended, revised Crminated by the issuing office. :;; " • (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOT AM) can be issued. As soon as the normal operation is restored, notify the same number. If we can be of further assistance, please contact our office at (31 0) 725-6557. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2012-AWP-2456-0E. Signature Control No: 160922481-166255879 Karen McDonald Specialist Attachment(s) Case Description Map(s) Page 2 of4 (DNE) .. cOnescription for ASN 2012-A WP-245~ 3,960 square foot addition to existing building. the roof line will be the same as the existing building. Page 3 of 4 ified Map for ASN 2012-A WP-2456-• Page 4 of 4 SAN DIEGO C~NTY REGIONAL AIRPORT AUTHORITY P.O. BOX 82776, SAN DIEGO. CA 92138-2776 619.400.2400 \v''w"w'.SAN.ORG June 7, 2012 Ms Pam Drew City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 0 ~----.. _________ _ fen:, ~F ~~~~SBAD/. I j._ d i. . LV iL I fPLANNING OtPAHIMENTi Re: Airport Land Use Commission Consistency Determination -Addition to Existing Waste Transfer Station Facility at 5960 El Camino Real, City of Carlsbad; APN 209-050-25 Dear M~; Drew: As the Airport Land Use Commission (ALUC) for San Diego County, the San Diego County Regional Airport Authority acknowledges receipt of an application for a determination of consistency for the project described above. This project is located within the Airport Influence Area (AlA) for the McClellan-Palomar Airport-Airport Land Use Compatibility Plan (ALUCP). ALUC staff has reviewed your application and accompanying materials and has determined that it meets our requirements for completeness. In accordance with ALUC Policies and applicable provisions of the State Aeronautics Act (Cal. Pub. Uti I. Code §21670-21679.5), ALUC staff has determined that the proposed project is consistent with the McClellan- Palomar Airport ALUCP based upon the facts and findings summarized below: (1) The proposed project involves an addition to an existing waste transfer station. (2) The proposed project is located outside the 60 dB CNEL noise contour. The ALUCP identifies industrial uses located outside the 60 dB CNEL noise contour as compatible with airport uses. (3) The proposed project is in compliance with the ALUCP airspace protection surfaces because a determination of no hazard to air navigation has been issued by the FAA. (4) The proposed project is located within Safety Zone 6. The ALUCP identifies industrial uses located within Safety Zone 6 as compatible with airport uses. (5) Therefore, the proposed project is consistent with the adopted McClellan-Palomar Airport ALUCP. (6) This determination of consistency is not a "project" as defined by the California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21 065, and is not a "development" as defined by the California Coastal Act, Cal. Pub. Res. Code §301 06. SAN DIEGO INTERNATIONAL AIRPORT 0 0 Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department: Chicago Title Company Attn: Tom Votel/Ken Cyr Email: votelt@ctt.com & ken.cyr@ctt.com Phone: (619) 521-3553 & (619) 521-3555 Fax: (619) 521-3608 Order No.: 930022392-U50 Customer: Howes Weiler & Associates Attn: Stan Weiler Email: ksteindlberger@ hwplanning.com Reference No.: 5960 El Camino RL PRELIMINARY REPORT Property Address: 5960 El Camino Real, Carlsbad, CA Dated as of: May 3, 2011 at 7:30am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLT A and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy( s) of title insurance to be issued hereunder will be policy( s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Report Form-Modified (11-17-06) Page I 0 0 Order No.: 930022392-USO SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: County of San Diego 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form-Modified (11-17-06) Page2 0 0 Order No.: 930022392-USO LEGAL DESCRIPTION THOSE PORTIONS OF LOTS A AND B OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 14 OF SAID LOT BAS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT B, SOUTH 89°54'00" EAST, 23.41 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO NORTH COUNTY INVESTMENTS, RECORDED JUNE 16, 1971 AS INSTRUMENT NO. 126673 OF OFFICIAL RECORDS AND BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID BOUNDARY NORTH 89°54'00" WEST, 23.41 FEET TO SAID POINT 14 OF LOT B; THENCE ALONG THE BOUNDARY OF SAID LAND OF NORTH COUNTY INVESTOR'S AS FOLLOWS: SOUTH 54°15'33" WEST, 326.48 FEET; SOUTH 50°55'35" WEST, 1788.65 FEET, SOUTH 01°28'24" WEST, 787.30 FEET AND SOUTH 10°46'15" WEST, 2187.68 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED DECEMBER 27, 1961 AS INSTRUMENT NO. 222199, OF OFFICIAL RECORDS, AND BEING A POINT HEREIN DESIGNATED AS POINT X; THENCE ALONG THE BOUNDARY OF SAID WATER DISTRICT'S LAND AS FOLLOWS: SOUTH 73°43'45" EAST 232.43 FEET TO AN ANGLE POINT THEREIN, AND SOUTH 38°38'25" EAST, 341.96 FEET TO THE MOST EASTERLY CORNER OF SAID LAND; THENCE SOUTH 38°38'25" EAST 100.00 FEET; THENCE SOUTH 51°21 '35" WEST, 638.00 FEET TO THE NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO. 682 (KNOWN AS EL CAMINO REAL) ACCORDING TO PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 38°38'25" WEST (RECORD = NORTH 38°35'00" WEST), 50.00 FEET TO A POINT HEREIN DESIGNATED AS POINT Y; THENCE CONTINUING NORTH 38°38'25" WEST, 150.00 FEET TO A LINE WHICH BEARS SOUTH 10°46' 15" WEST FROM SAID POINT X; THENCE SOUTH 10°46' 15" WEST, 39.50 FEET TO THE CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 682; THENCE ALONG SAID CENTER LINE SOUTH 38°38'25" EAST, 1047.69 FEET TO THE WESTERLY PROLONGATION OF COURSE NO. 3, IN THE SOUTHERLY BOUNDARY OF SAID LOT B AS SHOWN ON RECORD OF SURVEY MAP NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 12, 1935; THENCE ALONG SAID PROLONGATION AND SAID COURSE NO. 3, NORTH 84°34'38" EAST (RECORD= NORTH 84°38'00" EAST) 1892.91 FEET TO A LINE WHICH BEARS SOUTH 03°05'08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 03°05'08" WEST, 5593.11 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF LOT B OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, INCLUDED IN THAT CERTAIN 6.459 ACRE PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 7845 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY, LYING EASTERLY OF THE WESTERLY LINE OF A STRIP OF LAND 48.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 24.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID 6.459 ACRE PARCEL; THENCE SOUTH 51°47'58" WEST ALONG THE SOUTHWESTERLY PROLONGATION 0 THE SOUTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 55.00 FEET TO THE CENTER CLT A Preliminary Report Form · Modified (11-17 -06) Page 3 0 LEGAL DESCRIPTION (continued) 0 Order No.: 930022392-USO LINE OF ROAD SURVEY NO. 1800-1, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTH 28°12'02" EAST, ALONG SAID CENTERLINE 141.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE, NORTH 38°22'25" EAST, 480.00 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81°50'49" TO THE POINT OF TERMINUS, AS CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED AUGUST 23, 1977 AS INSTRUMENT NO. 77-345406 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF CARLSBAD IN DEED RECORDED JUNE 30, 1982 AS INSTRUMENT NO. 82-201566 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT B OF RANCHO AGUA DEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE LAND DESCRIBED IN DEED TO SAID COUNTY OF SAN DIEGO, RECORDED JANUARY 18, 1974 AS INSTRUMENT NO. 74-014190 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID COUNTY OF SAN DIEGO LAND; THENCE NORTH 89°54'00" WEST, 23.41 FEET TO A POINT 14 OF SAID LOT B AS SHOWN ON SAID MAP 823; THENCE ALONG THE BOUNDARY OF SAID COUNTY LAND, SOUTH 54°15'33" WEST, 326.48 FEET; THENCE SOUTH 50°55'35" WEST, 1788.65 FEET; THENCE SOUTH 01 °28'24" WEST, 787.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 10°46'15" WEST 1337.68 FEET; THENCE LEAVING SAID BOUNDARY, SOUTH 79°13'45" EAST, 703.35 FEET; THENCE NORTH 30°28'48" EAST, 900.00 FEET; THENCE NORTH 30°31' 12" WEST, 800.00 FEET; THENCE SOUTH 87°45'29" WEST, 491.59 FEET TO THE TRUE POINT OF BEGINNING. APN: 209-050-25 END OF LEGAL DESCRIPTION CLT A Preliminary Report Form -Modified (11-17 -06) Page 4 0 0 Order No.: 930022392-USO SCHEDULEB At the date hereof, items to be considered and exceptions to coverage m addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Taxes not assessed. 2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 3. The rights of the public in and to that portion of the herein described land lying within any publicly dedicated street. 4. The right of James Kelly, Robert S. Kelly, Ellen K. Hall, Alice K. Morrison and Lillie Kelly Ortega, and their respective successors and assigns, to sue all roads and rights of way now existing or traveled over and across any portion of the property herein described, together with the right and easement to install any poles, wires, pipes or similar utility structures over and along any or all of such rights of way, as granted by deed dated March 26, 1936 and recorded July 29, 1936 in book 541, page 244 of Official Records. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress January 18, 1937 in Book 613, page 126 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: County of San Diego public road purposes October 2, 1940 in Book 1068, page 496 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: County of San Diego public road purposes October 2, 1940 in Book 1075, page 403 of Official Records CLT A Preliminary Report Form -Modified (11-17 -06) Page 5 0 Affects: SCHEDULER (continued) 0 Order No.: 930022392-050 The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Carlsbad Municipal Water District road and utility purposes and incidental thereto December 27, 1961 as Instrument No. 222199 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 9. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a record of survey Record of Survey No.: 6493 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress July 29, 1975 as Instrument No. 75-0197823 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress June 12, 1979 as Instrument No. 79-241682 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The Pacific Telephone and Telegraph Company public utilities, ingress, egress August 21, 1979 as Instrument No. 79-350469 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Carlsbad Municipal Water District CLTA Preliminary Report Form-Modified (11-17-06) Page6 0 Purpose: Recorded: Affects: SCHEDULEB (continued) 0 Order No.: 930022392-USO for the installation, construction, operation, maintenance, repatr, replacement, and reconstruction of water lines August 22, 1979 as Instrument No. 79-0352199 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad for a public highway September 6, 1979 as Instrument No. 79-373667 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Costa Real Municipal Water District (formerly Carlsbad Municipal Water District) for road purposes September 23, 1980 as Instrument No. 80-308474 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation road and utility purposes and for drainage facilities June 30, 1982 as Instrument No. 82-201566 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Kaiser Development Company for slope and drainage rights including the rights of excavation and embankment and the right to construct drainage structures March 13, 1986 as Instrument No. 86-097937 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 18. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: March 13, 1986 County of San Diego, a political subdivision of the State of California, and the City of Carlsbad, a municipal corporation of the State of California June 27, 1986 as Instrument No. 86-0265572 of Official Records CLTA Preliminary Report Form-Modified (11-17-06) Page 7 0 Regarding: SCHEDULEB (continued) 0 Order No.: 930022392-USO Agreement between County of San Diego and the City of Carlsbad for the payment of a public facilities fee Reference is hereby made to said document for full particulars. 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation for storm drainage facilities and appurtenances November 17, 1987 as Instrument No. 87-0642301 and re-recorded January 5, 1989 as Instrument No. 89-006599, both of Official Records The route thereof affects a portion of said land and is more fully described in said document. 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation for slopes and construction purposes July 15, 1992 as Instrument No. 1992-0443331 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation slope and construction purposes July 15, 1992 as Instrument No. 1992-0443331 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 22. An Agreement, and the terms and conditions as contained therein By and Between: Recorded: Regarding: City of Carlsbad, California, a municipal corporation, Coast Waste Management, Inc., a California corporation and the County of San Diego, a political subdivision of the State of California August 14, 1997 as Instrument No. 1997-0389855 of Official Records Settlement Agreement between the City of Carlsbad, the County of San Diego and Coast Waste Management Reference is hereby made to said document for full particulars. 23. Unrecorded lease and sublease and the terms, covenants, and conditions set forth therein as evidenced by document entitled "Settlement agreement between the City of Carlsbad, the County of San Diego, and Coast Waste Management", recorded August 14, 1997 as Instrument No. 1997- 0389855 of Official Records. CLTA Preliminary Report Form-Modified (11-17-06) Page 8 0 SCHEDULEB (continued) 0 Order No.: 930022392-USO 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation public street and public utility January 12, 2000 as Instrument No. 2000-0018490 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation drainage January 12, 2000 as Instrument No. 2000-0018491 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 26. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: MSGW California II, L. L. C. access road and utility January 12, 2000 as Instrument No. 2000-0018492 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 27. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: MSGW California II, L. L. C. landscape January 12, 2000 as Instrument No. 2000-0018493 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 28. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation road July 27, 2000 as Instrument No. 2000-0397499 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 29. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: San Diego Gas and Electric Company, a corporation Purpose: public utilities, ingress, egress CLT A Preliminary Report Form -Modified (11-17 -06) Page9 0 Recorded: Affects: SCHEDULEB (continued) 0 Order No.: 930022392-USO May 18,2001 as Instrument No. 2001-0317562 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 30. An irrevocable offer to Dedicate a portion of said land for the purposes stated herein. In Favor Of: For: Recorded: Affects: The County of San Diego Public highway June I8, 200 I as Instrument No. 2001-040660 I of Official Records The route thereof affects a portion of said land and is more fully described in said document. Said offer was accepted for public use by a resolution. Executed By: The County of San Diego Recorded: June I8, 200I as Instrument No. 200I-040660I of Official Records 31. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Buena Sanitation District sewer lines April I9, 2002 as Instrument No. 2002-033I 024 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 32. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation public street and public utility November 9, 2004 as Instrument No. 2004-01066306 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 33. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad conservation easement deed November 30, 2004 as Instrument No. 2004-01123441 of Official Records The route thereof affects a portion of said land and is more fully described in said document. CLT A Preliminary Report Form -Modified (11-17 -06) Page 10 0 SCHEDULER (continued) 0 Order No.: 930022392-USO 34. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company, a corporation public utilities, ingress, egress April5, 2007 as Instrument No. 2007-0228615 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 35. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation public street and public utility August 22, 2007 as Instrument No. 2007-0558614 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 36. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Buena Sanitation District sewer lines August 20, 2009 as Instrument No. 2009-0467820 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 37. Matters which may be disclosed by an inspection and/or by a correct ALTNACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 38. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLT A Preliminary Report Form -Modified (11-17 -06) Page II 0 0 Order No.: 930022392-USO INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. GP CLTA Preliminary Report Form-Modified (11-17-06) Page 12 0 INFORMATIONAL NOTES (continued) ATIACHMENT ONE PRIVACY STATEMENT IMPORTANT INFORMATION: 0 Order No.: 930022392-USO For those of you receiving this report by electronic delivery the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLT A Preliminary Report Form -Modified (11-17 -06) Page 13 CH2AGO TITLE INSURANCE COMPQY Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21-03) 0 ATTACHMENT ONE 0 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: L Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. 4. 5. Title Risks: that are created. allowed, or agreed to by you that are known to you, but not to us, on the Policy Date-unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks Failure to pay value for your title. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: L Any right, interests, or claims of parties in possession of the land not 3. Any facts about the land which a correct survey would disclose and shown by the public records. which are not shown by the public records. This does not limit the 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 4. forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: 4. 5. 6. (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights Jaws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: ], 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Attachment One (11-17-06) 3. 4. 5. Page IS Easements, liens or encumbrances, or claims thereof which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 0 ATTACHMENT ONE (CONTINUED) 0 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not 2. 3. limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances. adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or 4. 5. 6. 7. to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination: or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. 4. 5. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit. or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. Attachment One (11-17-06) 2. 3. Page 16 (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk II, 13, or 14); or 4. 5. 0 ATTACHMENT ONE (CONTINUED) 0 (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. 7. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk II (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. (a) Taxes or assessments that are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof, not shown by 2. records of any taxing authority that levies taxes or assessments on the Public Records. real property or by the Public Records; 4. Any encroachment, encumbrance, violation, variation, or adverse (b) Proceedings by a public agency that may result in taxes or circumstance affecting the Title that would be disclosed by an assessments, or notices of such proceedings, whether or not accurate and complete land survey of the Land and not shown by the shown by the records of such agency or by the Public Records. Public Records. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at I. (a) Any Jaw, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 4. Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof, which are not 2. records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, which may result in taxes or assessments, or notices of such encroachments, or any other facts which a correct survey would proceedings, whether or not shown by the records of such agency or disclose, and which are not shown by the public records. by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11-17 -06) Page 17 0 ATTACHMENT ONE (CONTINUED) 0 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage. costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, penni!, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to 2. 3. (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; 4. 5. (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 4. 5. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any pan of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: Attachment One (11-17-06) Page 18 4. a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk II or 18. 0 ATTACHMENT ONE (CONTINUED) LIMITATIONS ON COVERED RISKS 0 Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1.00% of Policy Amount or $ 2.500.00 (whichever is less) I .00% of Policy Amount or $ 5.000.00 (whichever is less) 1.00% of Policy Amount or $ 5.000.00 (whichever is less) I .00% of Policy Amount or $ 2.500.00 (whichever is less) Our Maximum Dollar Limit of Liability $ 10.000.00 $25.000.00 $25.000.00 $5.000.00 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: I. 2. 3. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; Attachment One ( 11-17 -06) 4. 5. 6. 7. 8. 9. Page 19 (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24,25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. 0 0 (continued) You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must -prior to the close of the current transaction -inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company ts required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One (11-17-06) Page 20 ~ (") :r ~ :a 0 ::> "' -:::: ::::; ~ 09 e DETAIL 'C' , .. --400 1• NO ACCESS A-N 70oO'Il~W 230.00 S-N.Sz059'49'E: 16.00 C. R• 25~ 1S0.!7 0. N 5~9'32' W 196.27 E. R •642 4.48. 20 f. N 83°00' 2 S"E 215. 7Q G. R•B58 210-22 H. N 78°4!'t3"W 6.56 l. N 16•46' oe• E 4l.6g J. Rz 332 40.43 K. Ne3· 44'4:3. e !:0 23 L f:l= 2ee 30. 21 SAN DIEGO COUNTY ASSESSO~"S "'AP U 'l09 Pt; SOLID W.ST"E TRANSFER STATION 90,70AC @ SHT I 209-05 4/2S/OO DJB @ 102.58AC @ 99.31AC !09.55AC. ICHAN-c;ES lll OLD I~ ~ ~ ,._ 1--'6 7 ,o.H 0 ~~-lJ! .. ,.. 83 2037 J,f-7/ft. ~'W !3 17 /8 :U{U 2?5/J ""'""' ,/7'(28 BJ W.3i .so J?l '"' l:e-~-~;~ --,k;-• 17/J, POR B " t·••NO ' 4U.tJ " :S0-3.3 00 956 2S S:,U!flp" 01 4502 \I' "'--OLD @: SHT 3: J .. \.... .. j . . . . . . . . . . . .. ~ CENTER LINE OF I'ALCMAR AIPI'ORT RO 0 MAP 823-RHO AGUA HEDIONDA -POR LOT B RO~ 7R4.."' Q1F\71.d.7~A 1&::-f"'\71!