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Home My WebLink AboutMCUP 10-18; AT&T OMWD Ops Center WCF; Conditional Use Permit (CUP) (2)«~If' ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Administrative Permit D Coastal Development Permit(") 0Minor 1i;)( Conditional Use Permit(") ~nor 0 Extension D Environmental Impact Assessment D Habitat Management Permit 0 Minor D Hillside Development Permit (") D Planned Development Permit 0 Residential 0 Non-Residential D Planned Industrial Permit D Planning Comrnission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map 0 Variance 0 Administrative (FOR DEPT. USE ONLY) Legislative Permits fY1C.u--p Io-tA D General Plan Amendment D Local Coastal Program Amendment (") D Master Plan 0Amendment D Specific Plan 0Amendment D Zone Change (") D Zone Code Amendment List other applications not specified D D D (") = eligible for 25% discount (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE API>LICATION BE FILED MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 255-040-56 & 255-031-03 ------------------------------------------------PROJECT NAME: AT&T Mobility OMWD Ops Center BRIEF DESCRIPTION OF PROJECT: Installation of 12 antennas on a new 45-foot high mono-eucalyptus tree. Ground mounted equipment is contained within a new 23'x18'x8' high concrete block enclosure at the base of the tree. BRIEF LEGAL DESCRIPTION: Por. of Lot 13, Rancho Las Encinitas, City of Carlsbad, County of San Diego, CA, according to Map 848 filed June 27, 1898. ~----------------------------------------------------LOCATION OF PROJECT: 1966 Olivenhain Road, Carlsbad CA 92009 ON THE: BETWEEN P-1 South ( NO"'R"'TH'"',--=s"'O,.,-U""To:-Hc-, :=-EA,-:S"'T;-, '"W-;;E"'S""T,---) Rancho Santa Fe Road (NAME OF STREET) SIDE OF AND STREET ADDRESS Olivenhain Road (NAME OF STREET) Los Pinos Circle (NAME OF STREET) Page 1 of 5 Revised 01/10 • • OWNER NAME (Print): Olivenhain Municipal Water District APPLICANT NAME (Print): AT&T Mobility LLC MAILING ADDRESS: 1966 Olivenhain Rd. MAILING ADDRESS: 5738 Pacific Center Drive CITY, STATE, ZIP: Carlsbad, CA 92009 CITY, STATE, ZIP: San Diego, CA 92121 TELEPHONE: 760-753-6466 TELEPHONE: 760-807-1850 EMAIL ADDRESS: gbriest@olivenhain.com EMAIL ADDRESS: ted.plancom@sbcglobal.net I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ~tHE ABOVE INFORMATION IS TRUE AND CORRECT TO ~LEDGE. J 1/;tJ/;o T~T 0 MY KNO~LEDGE. 'I./A' •a. >Jp(!_ · tj-J'(~;o SIGA~eiJ~~ -. DlffE I SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print) Ted Marioncelli, c/o Plancom Inc., representing AT&T Mobility MAILING ADDRESS: 302 State Place CITY, STATE, ZIP: Escondido, CA 92029 TELEPHONE: 760-807-1850 EMAIL ADDRESS: ted.plancom@sbclgobal.net I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND ~C):/, THE BEST OF MY KNOWLEDGE. ¥~?'-!() ~~- SIGNAT RE 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. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT NOTICE OF RESTRICTIONS RUN WITH TH ND AND BIND Y CESSORS IN TEREST. FOR CITY USE ONLY P-1 Page 2 of 5 AUG 0 2 2010 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED Revised 01/10 • ~at&t • • PROJECT DESCRIPTION & JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILTIY NS028-01 OMWD Operations Center 1966 Olivenhain Road Carlsbad, CA 92009 Prepared for: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Prepared by: PlanCom, Inc. Contractor Representatives for AT&T Mobility, LLC 302 State Place Escondido, CA 92029 Contact: Karen Adler, Planning Consultant (760) 715-3416 Project Description (NS028-01) 4/1/2010 April 1, 2010 Page 1 • ~at&t • • PROJECT DESCRIPTION/HEIGHT JUSTIFICATION AT&T Mobility (AT&T) is proposing to construct, operate, and maintain a wireless PCS facility consisting of a total of twelve (12) antennas, four ( 4) antennas each in three (3) antenna arrays, twenty-four (24) TMA's (2 amplifiers for each antenna), and one (1) 4- foot diameter microwave antenna mounted on a new 45-foot faux eucalyptus tree. The new faux tree will be located at the west end of the employee parking area formerly used as an access road. Photo simulations of the proposed faux eucalyptus are provided with the application for the City's review. The supporting equipment will consist of the following: eight (8) outdoor equipment cabinets with one(1) GPS antenna attached, one (1) new fiber cabinet, and one (1) future cabinet. Additionally, the equipment will consist of twelve (12) remote radio units (RRU's) located inside of the equipment enclosure. The outdoor equipment will be surrounded by an 8-foot high CMU enclosure with chain link lid and stucco finish painted to match the existing buildings. The enclosure will be located at the base of the proposed tree in an existing landscaped area. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. Three additional wireless carriers, Sprint PCS, T-Mobile and Nextel, have equipment and antennas on site; T-Mobile and Nextel share the existing 45-foot tall monopine and the Sprint antennas are located on the westernmost office building. The equipment cabinets forT-Mobile and Nextel are located on the northwest side of the maintenance building within a chain-link fence enclosure; Sprint's equipment is located on the west side of the westernmost office building. AT&T Mobility intends to provide wireless voice, data, video and local area network (LAN) applications with the installation of this facility. SITE CHARACTERISTICS The underlying zoning of the proposed site is 0-0ffice. The current on-site use is an operations center and maintenance building for Olivenhain Municipal Water District (OMWD). The proposed use is an unmanned wireless communication facility. Sprint PCS, T-Mobile and Nextel have existing antennas and equipment on the site, with T- Mobile and Nextel sharing a 45-foot monopine. The surrounding land uses are as follows: North: South: East: Residential Commercial Vacant/Residential Project Description (NS028-01) 4/1/2010 Page 2 • ~at&t • • West: Olivenhain Road SrrE SELECTION/PREFERRED SITES PER SECTION A.l. OF COUNCIL POLICY 64 The proposed project site is zoned 0-0ffice which is classified as a non-residential zone in the location guidelines adopted per Council Policy 64, Section A.l.c. As such, the project site is a "Preferred Location" and is encouraged by the Wireless Communication Facilities (WCF) guidelines. The proposed design for a faux eucalyptus is designed to camouflage the facility and disguise it within the existing landscaping of the property. The surrounding properties in the area of the proposed site are designated R-1-10000, a residential land use, and are not considered preferred locations for WCFs. Since the project site was host to three additional carriers and the surrounding area did not contain additional preferred locations, consideration for alternate sites was limited to the proposed project. The proposed project is a collocation on a site with two other carriers, an option encouraged in the WCF guidelines of Council Policy 64. COUNCIL POLICY 64 SECTION A. LOCATIONAL GUIDELINES 1. Preferred Locations--The proposed project site is zoned 0-0ffice which is classified as a preferred location in the location guidelines adopted per Council Policy 64, Section A.l.c. According to the policy, WCFs are encouraged in non-residential zones by the Wireless Communication Facilities (WCF) guidelines. 2. Discouraged Locations--The surrounding properties in the area of the proposed site are predominantly residential and are not considered preferred locations for WCFs. A commercial site immediately south of the project site was considered but is at a lower elevation than the proposed monopine. The adjoining property is also owned by the OMWD and is part of the site master plan for OMWD. Potential alternative sites may be available on the property in the future, once the master plan is developed by OMWD. 3. Visibility to the Public-The design chosen for the site is a faux eucalyptus at 45 feet in height; the same height as the existing monopine. The existing landscaping on site consists of a row of eucalyptus trees with additional trees proposed to be planted with the district's new facilities project. 4. Collocation--A letter expressing cooperation with future co-location efforts for this site is included with this application. Sprint PCS has antennas located in the westernmost building on site. The existing monopine structure accommodates two wireless carriers, Nextel and T-Mobile, and the newly proposed 45-foot tree would accommodate at least one (1) additional carrier, further implementing collocation guidelines contained in Council Policy 64. Project Description (NS028-01) 4/1/2010 Page 3 ~at&t • • 5. Monopoles-in order to meet the coverage objectives of the area, a single faux eucalyptus structure of 45 feet in height is being proposed to accommodate two WCFs. B. DESIGN GUIDELINES 1. Stealth Design-the proposed faux eucalyptus is designed with sufficient foliage cover to camouflage the antennas from views from the surrounding properties. 2. Equipment-the outdoor BTS equipment cabinets will be located next to the existing maintenance building and surrounded by an 8-foot high CMU enclosure with stucco finish painted to match the existing buildings. 3. Collocation-there are presently three carriers on the property; with the proposed installation by AT&T, there would be four carriers. Another carrier collocation is possible on the proposed 45-foot high faux eucalyptus design. 4. Height-the new monopine is proposed at a height of 45 feet. The antennas will be mounted on a new 45-foot faux eucalyptus at a height of 40 feet with additional branch cover extending to 45 feet. The proposed faux eucalyptus is located within a landscape area at the west end of the property. 5. Setbacks-the 0 (office) zone setback requirements are the following: • Front: 20 feet • Side: 10 feet • Exterior side: 20 feet • Rear: 10' 6. Building or Structure Mounted WCFs-this section is not applicable to the application. 7. Ground mounted monopoles-the monopine is located near the southern property line on the south side of the maintenance building and the site is surrounded by existing pine trees, which creates context for the monopine. 8. Lattice Towet:S'-flot applicable. 9. Undergrounding-illl proposed utilities would be under-grounded. POLICY 64 C. PERFORMANCE GUIDELINES 1. NOISE/ ACOUSTICAL INFORMATION AT&T Mobility is proposing to use eight( B) Ericsson RBS3106 equipment cabinets ground-mounted on a concrete slab. Generic noise specifications for an eight cabinet installation are included for review. The cabinets will be surrounded by a concrete block enclosure. Project Description {NS028-01) 4/1/2010 Page 4 ~at&t • • 2. OPERATION & MAINTENANCE Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, an AT&T technician will service the facility on an as-needed basis. Generally, this is likely to occur once per month during normal working hours (between 7 AM, SAM on Saturdays, and Sunset). A computer may handle much of the operational adjustments remotely. An AT&T technician in a service van or pickup truck-size vehicle will perform the routine maintenance operation. Beyond this routine maintenance service, AT&T typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted during an emergency. 3. MAINTENANCE HOURS Maintenance hours per Policy 64 will be followed. The site is not within 100 feet of residential property and would not be subject to the restricted hours for maintenance. 4. LIGHTING No additional lighting is proposed for the site. 5. COMPUANCE WITH FCC RF EXPOSURE GUIDELINES All AT&T Mobility sites are designed to comply with FCC RF exposure guidelines and follow up reports will be submitted in accordance with the policy guidelines. ADDffiONAL INFORMATION REGARDING THE APPLICATION HAZARDOUS MATERIALS Sealed lead acid batteries are used for back-up power in the event of a power failure on most AT&T Mobility facilities. The batteries are often referred to as "gel cell" type batteries. Specifications for the batteries are provided as an attachment to this application. OPERATIONAL FREQUENCY CRITERIA The FCC has allocated a portion of the radio spectrum to AT&T for the provision of wireless service. The proposed communications facility will transmit at a frequency Project Description (NS028-01) 4/1/2010 Page 5 ~at&t • • range of 850 MHz and 1950 MHz. The power required to operate the facility typically does not exceed 200 watts per channel. By design, the AT&T facility is a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non- ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the Federal Communications Commission (FCC) standard for continuous public exposure of 900 microwatts per square centimeter. The proposed PCS communications facility will operate in full compliance with the standards for radio frequency emissions as adopted by the FCC. Project Description (NS028-01) 4/1/2010 Page 6 ,------------------------------------------------------ «~~\ ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information 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, J;ocial 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 Corp/Part 4 r( I Mol!?/t..ll'j '-L.C-- Title ___________ _ Address. _________ _ Title _____ --=-------- Address :;-1? '? flr<AF 1<--&I..JTG:/2 lJ~. 5tW Die~ Ck C,u 2--J 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 corooration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person c;rrJ!l.r. tS f5!li "'7 r Corp/Part ()u 1/a.llfn;;l) 11vA/I?Jlfrl--WI/7/Jlt-lJ;S;JZJc[ Title !; A}~ I t./.ZQ>:.! Air, /btW&{i, g... Title ____________ _ Address lffev tJLtv67/t-lti,,V !0, Address __________ _ Clli?t.. { dA--t) tit 1 U>O 5 Page 1 of 2 Revised 04/09 • • 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 !1/4 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 I xl No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. {;J{!!f~ st Signature of ;;ppJiCirlvdate Print or type name of owner 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 04/09 «~~ ~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Department 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): ~ 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 ill contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: f/--rtr dttJ/2/L-t if tA-C-Name: fJ'--Ive7VttzvAJ .#ti~;C/P/ft-11). iJ. Address: 57 3 '6 f!krD c.. ~ 1J;l.tt4£ Address:lfp"p {htva..II11111J /(.,)_ 5A-lfl O!c];;O. CA-71--IZ--1 Cfli2-L98AD. C/J-CfUJv{ ' Phone Number: 7 6 tJ -'3'u7-I ?'S"O Phone Number: 7 Gel -6 ~ 2--'f6 <f c) AddressofSite: ~~~ (/u t/e?J/f/fl&/ t2v. 1 (kf{t-~tl# Local Agency (City and County): _ __,c=...t..ML.!=.'-"l-"'<7"'-"o""A=a...,i>~7-...t.'2..£ibVJ.L::.-=:;):...:':.."'-o:.~-6.._,o'--------- Assessor's book, page, and parcel number: 2-5'~-0 '10/ "'" f 2-t:s /01/-0 3 Specify list(s):___,_N-"--'-/1.!......_ ______________________ _ Regulatory Identification Number:__:/!l...c...:.',+-"----------------------- Date of List:_:lfl.:...t.;Y.:_ _________________________ _ ~ }h ' i4£ ~Au#{Jt,__' Applicant Signature/Date 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 of2 Revised 04/09 • PLAN cow! Telecommunications Project Management August 2, 20 I 0 Dan Halverson, Project Manager Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 • RE: CUP 08-011 AT&TprojectNS028-0l OMWD Ops Center Dear Mr. Halverson: In response to the City's letter dated, July 8, 2010, we are submitting the following information for your review: Planning: I. A check in the amount of $697.00 for the Minor Conditional Use Permit. 2. Four (4) large size sets of zoning drawings for your review. A letter of withdrawal for the original CUP was submitted on July 19, 2010. Engineering: I. The zoning drawings have been revised to show a stem wall for a raised concrete equipment pad in lieu of the retaining wall. This change was discussed and agreed upon with David Rick of the Engineering Department by our project architect, Emanuel Figueroa of JRA, Inc. Sincerely, ~k~- Ted Marioncelli Planner Contract Representative for AT&T Mobility, LLC Enclosures 302 State Place Escondido, CA 92029 760-715-3416 mobile 760-735-4913 fax • • LETTER OF AUTHORIZATION The undersigned is the "Owner" of the real property ("Property") described below, and hereby authorizes, consents, and agrees with AT&T Mobility: I. .!l!!ln'-Owner consents and agrees that AT&T Mobility, its employees, agents and independent contractors ("Authorized Parties") may enter upon the Property to conduct and perform some or all of the following activities ("Permitted Activities"): surveys, geotechnical soil borings and analysis, phase I environmental audits, boundary surveys, radio propagation studies, and such other tests and inspections of the Property which AT&T Mobility may deem necessary and advisable. AT&T Mobility agrees to be responsible for any and all costs related to the Permitted Activities, including installation on and operation and removal of equipment on the Property. 2. Filings. Owner consents and agrees that the Authorized Parties may make and file applications on Owner's behalf to such local, state and federal governmental entities whose approval AT&T Mobility may consider necessary or advisable to have the Property approved as a tower or antenna site, including, but not limited to, governmental approvals for zoning variances, rezoning applications, building permits and wetland permits. Owner hereby agrees that a copy of this Agreement is as effective as the original. However, if requested by the Authorized Parties, Owner agrees to execute such other and further documents as may be required by the governmental entity in question to evidence Owner's consent to the action which is proposed to be taken. Address: 1966 Olivenhain Road, Encinitas, CA 92024 Assessor's Parcel Number: 255-031-03 & 255-040-56 Signature of Property Owner: Olivenhain Municipal Water District ~·Cf~~ Title: Engineering Manager TAX ID#: 95-6006689 ----~~~-------------- Date: lf-/L{-16 George R. Briest, PE Engineering Manager \ Main Direct Fax (760) 753-6466 (760) 632-4640 (760) 753-1578 gbriest@olivenhain.com OLJY&._~ "=--Municipal Water District A Puhllc Agency 1966 Olivenhain Road Encinitas, CA 92024 www.omwd.com ' Pure Excellence ~ • • Photo Study Equipment and mono-eucalyptus location on unpaved portion, looking west ~· Looking north from project site NS028-01 OMWD Ops Center Site Photos Page 1 .· Looking east from site Looking southeast from site NS028-0l OMWD Ops Center Site Photos Page 2 ,- at&t Looking south from site Looking southwest from site NS028-0 l OMWD Ops Center Site Photos Page 3 ~at&t Looking west from site Looking at site from north side of Olivenhain Road NS028-01 OMWD Ops Center Site Photos Page 4 Carlsbad State Park Existing Sites • Proposed s·t 1 es Ranci>O~ Goo'Coutw d ~c. .!:027 c.~~ • McClellan-Palomar SDOCD9"" ~ Airport R<t j .500437 /q' "' ~j e? at&t Carlsbad N 2010 etwork Map Srlac. Coun .SD.0745 V> Squ11et. ROS()I'VOir .500428 PIIOmolr ~Rd J ~ \ q .. ~~ ~ at&t NS-028-01 OMWD Ops Center 1966 Olivenhain Rd. Carlsbad, CA 92009 ~ at&t NS-028-01 OMWD Ops Center 1966 Olivenhain Rd. Carlsbad, CA 92009 ~ at&t NS-028-01 OMWD Ops Center 1966 Olivenhain Rd. Carlsbad, CA 92009 • • Geographic Service Area Coverage Plots Coverage Levels: Good Poor DNone ~ NS-028-01 ~ ~ OMWD Ops Center ~ 1966 Olivehain Road at&t Carlsbad, CA 92009 • • RECENED JUN 0 3 2J08 CITY OF CARLSBAD PLANNING DEPT Noise Specification Sheets Ericsson RBS 2106 Outdoor Equipment Cabinets • • EILAR ASSOCIATES ACOUSTICAL & ENVIRONMENTAL CONSULTING Plancom, Incorporated Attention: Karen Adler 302 State Place Escondido, California 92029 Phone: 760-807-1850 July 19, 2006 Job #A60722N1 SUBJECT: NOISE PLANNING FOR CINGULAR WIRELESS TELECOMMUNICATIONS FACILITY ERICSSON 2106 SIX AND EIGHT-CABINET OPEN SYSTEM INSTALLATION At your request, this letter provides noise planning information for a Cingular cellular system utilizing six (6) or eight (8) outdoor Ericsson BTS RBS 2106 cabinets. This report presents the analysis based on an "open plan," where the facility has no noise attenuation features and is located at the minimum installation distances from any property line or on-site building specified in the report. Noise and Sound Level Descriptors All noise level or sound level values presented herein are expressed in terms of decibels (dB), with A- weighting, abbreviated "dBA," to approximate the hearing sensitivity of humans. Time-averaged noise levels are expressed by the symbol "L,0 ;" unless a different time period is specified, L,0 is implied to mean a period of one hour. Some of the data may also be presented as octave-band-filtered and/or a-octave-band- filtered data, which are a series of sound spectra centered about each stated frequency, with half of the bandwidth above and half of the bandwidth below each stated frequency. This data is typically used for machinery noise analysis and barrier-effectiveness calculations. Short duration peak noise levels are expressed by the symbol "LMAJ<." The Community Noise Equivalent Level (CNEL) is a 24-hour average, where sound levels during evening hours of 7 p.m. to 10 p.m. have an added 5 dB weighting, and sound levels during nighttime hours of 10 p.m. to 7 a.m. have an added 10 dB weighting. This is similar to the Day-Night Sound Level (LoN), which is a 24-hour average with 10 dB added weighting on the same nighttime hours but no added weighting on the evening hours. Sound levels expressed in CNEL are always based on A-weighted decibels. These data unit metrics are used to express noise levels for both measurement and municipal noise ordinances and regulations, for land use guidelines, and enforcement of noise ordinances. Further explanation can be provided upon request. Noise emission data is often supplied per the industry standard format of Sound Power, which is the total acoustic power radiated from a given sound source as related to a reference power level. Sound Power should not be confused with Sound Pressure, which is the fluctuations in air pressure caused by the presence of sound waves, and is generally the format that describes noise levels as heard by the receiver. Sound Pressure is the actual noise experienced by a human or registered by a sound level instrument; when Sound Pressure is used to describe a noise source it must specify the distance from the noise source to provide complete information. Sound Power, on the other hand, is a specialized analytical method to provide information without the distance requirement; but it may be used to calculate the sound pressure at any desired distance. 539 Encinitas Boulevard, Suite 206, Encinitas, CA 92024 • 760-753-1865 • Fax 760-753-2597 • info@eilarassociates.com ~------ ' ~lanCom, Inc. Attention: Karen A. • Noise Planning for Cingular RBS 2106 Six and Eight-Cabinet Wireless Telecommunications Facilities Applicable Noise Standards July 19, 2006 Page 2 The applicable regulations for these projects are contained within the relevant community or thee County of San Diego municipal code (Noise Ordinances). These ordinances typically provide that the hourly average noise limit for any noise source impinging at the property line of a single-family residential land use zone is not to exceed 45 dBA between the nighttime hours of 10 p.m. to 7 a.m. However, some municipalities, including the City of San Diego, have a more restrictive nighttime property line noise limit of 40 dBA. Daytime noise limits are normally less restrictive, allowing 5 dBA higher noise levels during the hours between 7 a.m. to 10 p.m. Noise limits are also less restrictive in commercial and industrial land use zones. (See Attachment A, Note Analysis Notes. Potential Project-Related Noise Source(s) The Cingular Wireless installations propose to install either six (6) or eight (8) Ericsson RBS 2106 telecommunications cabinets. The predominant noise sources from each equipment cabinet are the intake and exhaust louvers, located on the front side of each cabinet. The equipment cabinets are expected to operate 24 hours per day, 7 days per week, and 365 days per year. Equipment Noise Data Cingular utilizes two different equipment cabinets; these are the RBS 2102 and RBS 2106 units. These two cabinets have been measured at operational facilities at several locations. The measurements have provided nearly identical operational noise levels. These cabinets are believed to utilize the same basic cooling systems. The following measurement was the loudest equipment noise measurement made of an operational unit; it will be used to present a worst-case analysis. Noise levels of an operational RBS 2106 equipment cabinet were measured at 3:00p.m. on AprilS, 2004, at a wireless installation located at 2190 Carmel Valley Road in Del Mar (City of San Diego), California. The property's Assessors Parcel Number (APN) of this operational facility is 301-081-26-00. The single RBS 2106 equipment cabinet was mounted on a 5-foot square concrete pad, located on the eastern side of an existing commercial office building. The unit was mounted approximately 6 inches in front of the building wall. The following noise levels are typical of the unit, where it is mounted adjacent to a wall. Table 1 is considered to represent a worst-case scenario, with noise refiection from the wall. The table presents the actual noise levels of the single unit measurement and the calculated octave data for a six and eight-cabinet equipment noise levels, to simulate typical proposed Cingular installations. Octave Band Center 63 125 250 500 1K 2K 4K 8K LEa Frequency (Hz) Single Cabinet Noise Level 64.4 61.2 55.3 47.0 45.9 42.2 44.0 34.6 53.0 dBA Measured at 5 feet (dB) Six-Cabinet Installation Noise Level at 5 feet (dB) 72.2 69.0 63.1 54.8 53.7 50.0 51.8 47.8 60.8 dBA Eight-Cabinet Installation Noise Level at 5 feet (dB) 73.4 70.2 64.3 56.0 54.9 51.2 53.0 43.6 62.0 dBA Eilar Associates· 539 Encinitas Boulevard, Suite 206, Encinitas, CA 92024 • 760-753-1865 ·Fax 760-753-2597 •PianCom, Inc. Attention: Karen A. • Noise Planning for Cingular RBS 2106 Six and Eight-Cabinet Wireless Telecommunications Facilities July 19, 2006 Page 3 The similar equipment noise emission levels were measured with a Larson Davis Model 824, Type 1 Sound Level Meter, (with windscreen) and Larson Davis Model CA200, Type 1 Calibrator. The sound level meter was field-calibrated immediately prior to the noise measurements and checked afterwards, to ensure accuracy The Larson Davis 824 sound level meter was mounted on a tripod in front of the RBS 2106 cabinet, at a distance of approximately 5 feet. Analysis based on this RBS 2106 is equally valid for the RBS 2012 unit; all conclusions may be used interchangeably for either unit. Required Distances for 45 dBA Nighttime Property Line Noise Limit Six-Cabinet Installation: The equipment must be placed at a distance greater than 31 feet from the nearest impacted location to provide a noise level below 45 dBA LEQ. Eight-Cabinet Installation: The equipment must be placed at a distance greater than 36 feet from the nearest impacted location to provide a noise level below 45 dBA LEQ. On-Site Residences or Buildings The above described distance limitations must also pertain to on-site residences and other buildings, in order to provide a quality of life for residents and to prevent noise reflections (which would increase the required distances for property line noise limit compliance). Limitations This analysis is based on the noise emission for the fan side (front) of each cabinet, to present a worst-case analysis, since the fans are the loudest noise source. Accordingly, it is safe to assume that the orientation of a planned installation will not cause the projected noise level to be higher than calculated in this analysis. Since the measured noise levels of the other three sides of the cabinets will be lower, the minimum required distances from the remaining three sides may be somewhat less than indicated above. However, a separate analysis of the specific installation would be required to determine these distances, which may be useful in proposed locations with space limitations. Other enclosure systems, besides the open chain-link fence design (i.e., wooden fences or CMU ·walls), may be utilized with the same distances specified in this report. However, it should never be presumed that other enclosure systems will allow any reduction in the specified distances between the equipment and the property line or other sensitive receivers, without a site-specific acoustic analysis of the particular enclosure. Certification The findings and recommendations of this generic acoustical analysis are based on the information available and represent a true and factual analysis of the potential acoustical issues associated with the proposed Cingular Wireless unmanned telecommunications facilities designed with Ericsson RBS 2106 eight-cabinet equipment systems. This report was prepared by Charles Terry and Douglas Eilar. onsllltant Douglas K. Eilar, Principal Eilar Associates· 539 Encinitas Boulevard, Suite 206, Encinitas, CA 92024. 760-753-1865. Fax 760-753-2597 --------------------------------------------------, ~lanCom, Inc. Attention: Karen AdA • Noise Planning for Cingular RBS 217six and Eight-Cabinet Wireless Telecommunications Facilities Attachment A. Noise Analysis Notes References July 19, 2006 Page 4 Beranek, Leo L., Acoustical Measurements, Published for the Acoustical Society of America by the American Institute of Physics, Revised Edition, 1988. Harris, Cyril M., Handbook of Acoustical Measurements and Noise Control, Acoustical Society of America, 3'd Edition, 1998. Eilar Associates • 539 Encinitas Boulevard, Suite 206, Encinitas, CA 92024 • 760-753-1865 • Fax 760-753-2597 • • Noise Analysis Notes Decibel Addition To determine the combined logarithmic noise level of two known noise source levels, the values are converted to the base values, added together, and then converted back to the final logarithmic value, using the following formula: Lc = 10 log (1 oU/10 + 1 oL2/10 + .... 1 oLN/10) Wherelc =the combined noise level, dB LN =the individual noise sources, dB To approximate this equation, please refer to Table 1. This procedure is also valid when used successively for each added noise source beyond the first two. The reverse procedure can be used to estimate the contribution of one source when the contribution of another concurrent source is known and the combined noise level is known. These methods can be used for LEa or other metrics (such as LON or CNEL), as long as the same metric is used for all components. Table 1. Sound Level Addition for Two Noise Sources · Difference Add to Higher Value 0-1 dB 3 dB 2-3 dB 2 dB 4-9 dB 1 dB 10 or more dB 0 dB Attenuation Due to Distance Attenuation due to distance is calculated by the equation SPL1 = SPL2 -20 *Log ( D2/D 1) where: SPL1 SPL2 D1 D2 = = = = Calculated sound pressure level at distance Known sound pressure level at known distance Distance from source to known sound pressure level Distance from source to location of calculated sound pressure level This is identical to the more commonly used reference of 6 dB reduction for every doubling of distance. This equation does not take into account reduction in noise due to atmospheric absorption. Eilar Associates, 539 Encinitas Boulevard, Suite 206, Encinitas, CA • 760-753-1865 • Fax 760-753-2597 • info@eilarassociates.com • • Hourly LEa Summation To determine the hourly average noise levels (LEO) when the noise is created for less than the full hour, convert the logarithm values to the base energy value, multiply by the percentage of the hour that the noise occurs, and then convert the sum back to a logarithmic value. This is done with the following formula: LEQ = 10 log (PH * 1 oLp/10 ) Where: PH = the percent or fraction of the hour noise is created Lp =the partial hour noise level, dB Table 2 can be used as a guide to approximate the hourly average noise levels. It is similar and equivalent to tables found in many municipal noise ordinances, which present the allowable duration of a noise in excess of a statutory limit. The decibel reduction in the following table corresponds exactly to the excess noise level which would be allowable for a period shorter than one hour. Table 2. Conversion of Sound Level to Equivalent Hourly Average Decibel Decibel Decibel Duration Reduction* Duration Reduction* Duration Reduction* 60 minutes 0 dB 8 minutes 9 dB 60 18 dB seconds 30 minutes 3 dB 6 minutes 10 dB 30 21 dB seconds 20 minutes 5 dB 5 minutes 11 dB 20 23 dB seconds 15 minutes 6 dB 4 minutes 12 dB 15 24 dB seconds 12 minutes 7 dB 3 minutes 13 dB 12 25 dB seconds 10 minutes 8dB 2 minutes 15 dB 10 26 dB seconds *to Obtam Equivalent Hourly Average Sound Power to Sound Pressure To convert sound power levels to sound pressure levels, the following formula is used: SPL = SWL2-(20 *Log (01))-0.5 Where: SPL1 = Calculated sound pressure level at distance 0 1 = Distance from source to location of calculated sound pressure level Eilar Associates, 539 Encinitas Boulevard, Suite 206, Encinitas, CA • 760-753-1865 • Fax 760-753-2597 • info@eilarassociates.com • ~at&t Aprill,2010 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 • Re: NS0028 OMWD Operations Center Technical Site Specifications As requested AT&T Mobility is providing the following technical information related to the operation of its proposed PCS facility: Frequency Range: 825-890 & 1850-1990 MHz Antenna Sectors: 3 Radio Channels per Sector: 8 Power: 200 watts per channel Please note that AT&T Mobility s is providing these specifications as information only. AT&T reserves any and all rights to operate the above facility in accordance with FCC standards under the terms of its license. Should you have any questions or comments regarding this information, please do not hesitate to call Kevin McGee at 858-571-4167. AT&T Cc: File 5738 Pacific Center Drive San Diego, CA 9212 I Radio Frequency-Electromagnetic Energy (RF-EME) Compliance Report Prepared for: AT&T Mobility, LLC c/o Black & Veatch Corporation 9820 Willow Creek Road Suite 310 San Diego,CA 92131 _BI CONSULTING Creating Value (or Your Business USID# 92996 Site No. NS0028 OMWD Ops Center 1966 Olivenhain Road Carlsbad, California 92009 San Diego County 33.067504; -117.247481 NAD83 EBI Project No. 62100764 April 7, 2010 RF-EME Compliance Report EBI Project No. 62100764 • TABLE OF CONTENTS • USI D No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California EXECUTIVE SUMMARY •• ,,,,,,, •••••••••••••••••••• ,,,, .. , .... ,., .......................................................................... 1 1.0 SITE DESCRIPTION ................................................................................. ,,,,,,,,,,,, ••••••••••••••••••• 3 2.0 FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS ................................... 3 3.0 AT&T RF EXPOSURE POLICY REQUIREMENTS .................................................................... 5 4.0 WORST-CASE PREDICTIVE MODELING,,,,.,,, .. ,, ............................................................. ,,,,,,,, 5 5.0 RECOMMENDED SIGNAGE/COMPUANCE PLAN .................................................................... 7 6.0 SUMMARY AND CONCLUSIONS ........ ,,,,,,,, •••••••••••••••••••••••••• ,,,,,,,,, ••••••••••••••••• ,,.,,, ................... 8 7.0 LIMITATIONS ..........•.•.•. ,,,,,,,,,, ............................................................................................... 8 Appendix A Appendix B Appendix C Appendix D Appendix E IlEBI Personnel Certifications Antenna Inventory RoofView® Export File RoofView® Graphic Compliance/Signage Plan APPENDICES 21 B Street + Burlington, MA 01803 + 1.800.786.2346 • • RF-EME Compliance Report EBI Project No. 62100764 USID No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California EXECUTIVE SUMMARY Purpose of Report EnviroBusiness Inc. (dba EBI Consulting) has been contracted by AT&T Mobility, LLC to conduct radio frequency electromagnetic (RF-EME) modeling for AT&T Site NS0028 located at 1966 Olivenhain Road in Carlsbad, California to determine RF-EME exposure levels from proposed AT&T wireless communications equipment at this site. As described in greater detail in Section 2.0 of this report, the Federal Communications Commission (FCC) has developed Maximum Permissible Exposure (MPE) Limits for general public exposures and occupational exposures. This report summarizes the results of RF-EME modeling in relation to relevant FCC RF-EME compliance standards for limiting human exposure to RF-EME fields. This report contains a detailed summary of the RF EME analysis for the site, including the following: • Antenna Inventory • Site Plan with antenna locations • Antenna inventory with relevant parameters for theoretical modeling • Graphical representation of theoretical MPE fields based on modeling • Graphical representation of recommended signage and/or barriers This document addresses the compliance of AT&T's transmitting facilities independently and in relation to all collocated facilities at the site. Statement of Compliance A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. As presented in the sections below, based on worst-case predictive modeling, there are no modeled areas on any accessible ground-level walking/working surface related to the proposed antennas that exceed the FCC's occupational or general public exposure limits at this site. AT&T Recommended Signage/Compliance Plan AT&T's RF Exposure Policy guidance, dated March 31, 2009, requires that: 1. All sites must be analyzed for RF exposure compliance; 2. All sites must have that analysis documented; and 3. All sites must have any necessary signage and barriers installed. Site compliance recommendations have been developed based upon protocols presented in AT&T's RF Exposure Policy guidance document, dated March 31, 2009, additional guidance provided by AT&T, EBI's understanding of FCC and OSHA requirements, and common industry practice. Barrier locations have been identified (when required) based on guidance presented in AT&T's RF Exposure Policy guidance document, dated March 31, 2009. The following signage is recommended at this site: • Green INFO 1 sign posted at the base of the monotree. • Yellow CAUTION sign posted at the base of the monotree. IlEBl 21 B Street • Burlington, MA 01803 • 1.800.786.2346 1 RF-EME Compliance Report EBI Project No. 62100764 • • USID No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California The signage proposed for installation at this site complies with AT& T's RF Exposure Policy and therefore complies with FCC and OSHA requirements. No barriers are recommended for this site. More detailed information concerning site compliance recommendations is presented in Section 5.0 and Appendix E of this report. IlEBI 21 B Street • Burlington, MA 01803 • 1.800.786.2346 2 RF-EME Compliance Report EBI Project No. 62100764 1.0 SITE DESCRIPTION • • USID No. 92996 Site No. NS0028 1966 Olivenhain Road. Carlsbad, California This project involves the proposed installation of up to twelve (12) wireless telecommunication antennas on a monotree in Carlsbad, California. There are three sectors (A, B and C) proposed at the site. The current plans for the site include four (4) proposed antennas per sector, a total of twelve (12) antennas to be installed on the site. In each sector, there is assumed to be one antenna transmitting in the UMTS 850, two bands of UMTS 1900, GSM 850 and GSM 1900 frequencies. The remaining antennas are assumed to be transmitting in the GSM 850 and GSM 1900 frequencies. The Sector A antennas will be oriented 30° from true north. The Sector B antennas will be oriented 140° from true north. The Sector C antennas will be oriented 260° from true north. The bottoms of the antennas will be 34.2 feet above ground level. Appendix B presents an antenna inventory for the site. Access to this site is accomplished via a gate in the fence surrounding the tower. Workers must be elevated to antenna level to access them, so these antennas are not accessible to the general public. 2.0 FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS The FCC has established Maximum Permissible Exposure (MPE) limits for human exposure to Radiofrequency Electromagnetic (RF-EME) energy fields, based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies, the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc. (IEEE) and adopted by the American National Standards Institute (ANSI) to replace the 1982 ANSI guidelines. Limits for localized absorption are based on recommendations of both ANSI/IEEE and NCRP. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general public/uncontrolled exposure limits for members of the general public. Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/ controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general public/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. General public/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area. Table 1 and Figure 1 (below), which are included within the FCC's OET Bulletin 65, summarize the MPE limits for RF emissions. These limits are designed to provide a substantial margin of safety. They vary by frequency to take into account the different types of equipment that may be in operation at a particular facility and are "time-averaged" limits to reflect different durations resulting from controlled and uncontrolled exposures. IlEBI 21 B Street + Burlington, MA 01803 + 1.800.786.2346 3 • • RF-EME Compliance Report EBI Project No. 62100764 USI D No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California The FCC's MPEs are measured in terms of power (mW) over a unit surface area (cm2). Known as the power density, the FCC has established an occupational MPE of 5 milliwatts per square centimeter (mW/cm2) and an uncontrolled MPE of 1 mW/cm2 for equipment operating in the 1900 MHz frequency range. For the AT&T equipment operating at 850 MHz, the FCC's occupational MPE is 2.83 mW/cm' and an uncontrolled MPE of 0.57 mW/cm'. These limits are considered protective of these populations. Table 1: Limits for Maximum Permissible Exposure (MPE) (A) Limits for Occupational/Controlled Exposure Frequency Range Electric Field Magnetic Field Power Density (S) (MHz) Strength (E) Strength (H) (mW/cm2) (V/m) (Aim) 0.3-3.0 614 1.63 (1 00)' 3.0-30 1842/f 4.89/f (900/f'). 30-300 61.4 0.163 1.0 300-1.500 ----f/300 1,500-100,000 ----5 (B) Limits for General Public/Uncontrolled Exposure Frequency Range Electric Field Magnetic Field Power Density (S) (MHz) Strength (E) Strength (H) (mW/cm') (VIm) (Aim) 0.3-1.34 614 1.63 (1 00)' 1.34-30 824/f 2.19/f (180/f')' 30-300 27.5 0.073 0.2 300-1,500 ----f/1 ,500 1,500-100,000 ----1.0 f = Frequency 1n (MHz) * Plane-wave equivalent power density ~ FCC Limits for Maximum Permissible Exposure (MPE) Plane-wave Equivalent Power Density 1.000·~-~-~~--.-----,----.-~--~~---. 100 I-Occu~UoruilvcOOtro!led Exposure 'I __ -_-: -:_· __ ~"!!_~!_':_opu~~n~Ofltrotled E.lfposuro, ,--- - --- ---,' 02 OOIOL3----,f,.-+-\---f,;-----,'"'-~=~,.-k~f=l. o 3 1 J 30 300 13.000 30.000 1 300.000 , ______ , 134 1,500 100,000 Frequency (MHZ) Averaging Time [E]2, [H]2, or S (minutes) 6 6 6 6 6 Averaging Time [E]2, [H]2, or S (minutes) 30 30 30 30 30 Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below: IlEBI 21 B Street • Burlington, MA 01803 • 1.800.786.2346 4 • • RF-EME Compliance Report EBI Project No. 62100764 USID No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California Personal Wireless Service Approximate Occupational Public MPE Frequency MPE Personal Communication (PCS) 1,950 MHz 5.00 mW/cm' 1.00 mW/cm' Cellular Telephone 870 MHz 2.90 mW/cm' 0.58 mW/cm' Specialized Mobile Radio 855 MHz 2.85 mW/cm' 0.57 mW/cm' Most Restrictive Freq, Range 30-300 MHz 1.00 mW/cm' 0.20 mW/cm' MPE limits are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Personal Communication (PCS) facilities used by AT&T in this area operate within a frequency range of 850-1900 MHz. Facilities typically consist of: 1) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to be received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables. Because of the short wavelength of PCS services, the antennas require line-of-site paths for good propagation, and are typically installed above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of areas directly in front of the antennas. 3.0 AT&T RF EXPOSURE POLICY REQUIREMENTS AT&T's RF Exposure Policy guidance, dated March 31,2009, requires that: 1. All sites must be analyzed for RF exposure compliance; 2. All sites must have that analysis documented; and 3. All sites must have any necessary signage and barriers installed. Pursuant to this guidance, worst-case predictive modeling was performed for the site. This modeling is described below in Section 4.0. Lastly, based on the modeling and survey data, EBI has produced a Compliance Plan for this site that outlines the recommended signage and barriers. The recommended Compliance Plan for this site is described in Section 5.0. 4.0 WORST-CASE PREDICTIVE MODELING In accordance with AT&T's RF Exposure policy, EBI performed theoretical modeling using RooNiew® software to estimate the worst-case power density at the site ground-level resulting from operation of the antennas. RooNiew® is a widely-used predictive modeling program that has been developed by Richard Tell Associates to predict both near field and far field RF power density values for roof-top and tower telecommunications sites produced by vertical collinear antennas that are typically used in the cellular, PCS, paging and other communications services. The models utilize several operational specifications for different types of antennas to produce a plot of spatially-averaged power densities that can be expressed as a percentage of the applicable exposure limit. For this report, EBI utilized antenna and power data provided by AT&T, and compared the resultant worst-case MPE levels to the FCC's occupational/controlled exposure limits outlined in OET Bulletin 65. IlEBI 21 B Street • Burlington, MA 01803 • 1.800.786.2346 5 RF-EME Compliance Report EBI Project No. 62100764 • • USID No. 92996 Site No. NS0028 1966 Olivenhain Road. Carlsbad. California The assumptions used in the modeling are based upon information provided by AT&T, and information gathered from other sources. One unknown carrier also has antennas on the monotree. Information about these antennas was included in the modeling analysis. Based on worst-case predictive modeling, there are no modeled areas on any accessible ground-level walking/working surface related to the proposed AT&T antennas that exceed the FCC's occupational or general public exposure limits at this site. At the nearest walking/working surfaces to the AT&T antennas, the maximum power density generated by the AT&T antennas is approximately 6.30 percent of the FCC's general public limit (1.26 percent of the FCC's occupational limit). The composite exposure level from all carriers on this site is approximately 9.10 percent of the FCC's general public limit (1.82 percent of the FCC's occupational limit) at the nearest walking/working surface to each antenna. There are no modeled areas on the monotree that exceed the FCC's limits for general public or occupational exposure in front of the other carrier antennas. The inputs used in the modeling are summarized in the RooNiew® export file presented in Appendix C. A graphical representation of the RoofView® modeling results is presented in Appendix D. It should be noted that RooNiew is not suitable for modeling microwave dish antennas; however, these units are designed for point-to-point operations at the elevations of the installed equipment rather than ground level coverage. IlEBl 21 B Street+ Burlington, MA 01803 • 1.800.786.2346 6 • • RF-EME Compliance Report EBI Project No. 62100764 USID No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California 5.0 RECOMMENDED SIGNAGE/COMPLIANCE PLAN Signs are the primary means for control of access to areas where RF exposure levels may potentially exceed the MPE. As presented in the AT&T guidance document. the signs must: • Be posted at a conspicuous point; • Be posted at the appropriate locations; • Be readily visible; and • Make the reader aware of the potential risks prior to entering the affected area. The table below presents the signs that may be used for AT&T installations. Informational Signs INFO 1 -~---·-~ ..... -. ... 1110."> .. INF02 1 ~at&t 1 INFO 3 INF04 Alerting Signs CAunON & ., .... .._ __ .....,.., ....... _ .. ...., .. ._ ___ _ IJIIC~a._ .._ :-..:::-~ .::.::- NOTICE CAUTION WARNING Based upon protocols presented in AT&Ts RF Exposure Policy guidance document, dated March 31, 2009, and additional guidance provided by AT&T, the following signage is recommended on the site: riEBI 21 B Street • Burlington, MA 01803 • 1.800. 786.2346 7 RF-EME Compliance Report EBI Project No. 62100764 Recommended Signage: • • Green INFO 1 sign posted at the base of the monotree. • USID No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California • Yellow CAUTION sign posted at the base of the monotree. No barriers are required for this site. Barriers may consist of rope, chain, fencing, or painted/taped stripes. The signage and any barriers are graphically represented in the Signage Plan presented in Appendix E. 6.0 SUMMARY AND CONCLUSIONS EBI has prepared this Radiofrequency Emissions Compliance Report for the proposed AT&T telecommunications equipment at the site located at 1966 Olivenhain Road in Carlsbad, California. EBI has conducted theoretical modeling to estimate the worst-case power density from AT&T antennas and other carriers' antennas to document potential MPE levels at this location and ensure that site control measures are adequate to meet FCC and OSHA requirements, as well as AT&T's corporate RF safety policies. As presented in the preceding sections, based on worst-case predictive modeling, there are no modeled exposures on any accessible ground-level walking/working surface related to proposed equipment in the area that exceed the FCC's occupational and general public exposure limits at this site. As such, the proposed AT&T project is in compliance with FCC rules and regulations. Signage is recommended at the site as presented in Section 5.0 and Appendix E. Posting of the signage brings the site into compliance with FCC rules and regulations and AT&T's corporate RF safety policies. 7.0 LIMITATIONS This report was prepared for the use of AT&T Mobility, LLC. It was performed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same locale under like circumstances. The conclusions provided by EBI are based solely on the information provided by the client. The observations in this report are valid on the date of the investigation. Any additional information that becomes available concerning the site should be provided to EBI so that our conclusions may be revised and modified, if necessary. This report has been prepared in accordance with Standard Conditions for Engagement and authorized proposal, both of which are integral parts of this report. No other warranty, expressed or implied, is made. IlEBI 21 B Street • Burlington, MA 01803 • 1.800.786.2346 8 RF-EME Compliance Report EBI Project No. 62100764 IlEBI • Appendix A Certifications • USID No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California 21 B Street • Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 62100764 • Preparer Certification I, Ryan McManus, state that: • USID No. 92996 Site No. NS0028 1 966 Olivenhain Road, Carlsbad, California • I am an employee of EnviroBusiness Inc. (d/b/a EBI Consulting), which provides RF-EME safety and compliance services to the wireless communications industry. • I have successfully completed RF-EME safety training, and I am aware of the potential hazards from RF-EME and would be classified "occupational" under the FCC regulations. • I am familiar with the FCC rules and regulations as well as OSHA regulations both in general and as they apply to RF-EME exposure. • I have been trained in on the procedures outlined in AT& T's RF Exposure Policy guidance (dated 3/31/09) and on RF-EME modeling using RooNiew® modeling software. • I have reviewed the data provided by the client and incorporated it into this Site Compliance Report such that the information contained in this report is true and accurate to the best of my knowledge. IlEBl 21 B Street • Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 621 00764 IlEBI • • USID No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California Appendix B Antenna Inventory 21 B Streett Burlington, MA 01803 • 1.800.786.2346 RF-EME Compliance Report EBI Project No. 62100764 Antenna Number Operator ATT A1 AT&T ATT A1 AT&T ATT A1 AT&T ATT A1 AT&T ATT A1 AT&T ATT A2 AT&T ATT A2 AT&T ATT A3 AT&T ATTA3 AT&T ATTA4 AT&T ATT A4 AT&T ATT 61 AT&T ATT 61 AT&T t:MEBI TX Antenna Freq ERP Gain Type (MHz) (Watts) (dBcl) Model Panel UMTS 250 14.75 Powerwave 850 RA21.7752 Panel UMTS 250 15.25 Powerwave 1900 RA21.7752 Panel UMTS 250 15.25 Powerwave 1900 RA21.7752 Panel GSM 850 750 14.75 Powerwave RA21.7752 Panel GSM 1900 750 15.25 Powerwave RA21.7752 Panel GSM850 750 14.75 Powerwave RA21.7752 Panel GSM 1900 750 15.25 Powerwave RA21.7752 Panel GSM 850 750 14.75 Powerwave RA21.7752 Panel GSM 1900 750 15.25 Powerwave RA21 .7752 Panel GSM 850 750 14.75 Powerwave RA21.7752 Panel GSM 1900 750 15.25 Powerwave RA21.7752 Panel UMTS 250 14.75 Powerwave 850 RA21.7752 Panel UMTS 250 15.25 Powerwave 1900 RA21 .7752 21 B Street • Burlington, MA 01803 • 1.800. 786.2346 Azimuth length (deg.) (ft) 30 7.83 30 7.83 30 7.83 30 7.83 30 7.83 30 7.83 30 7.83 30 7.83 30 7.83 30 7.83 30 7.83 140 7.83 140 7.83 USID No. 92996 Site No. N$0028 1966 Olivenhain Road, Carlsbad, California Horizontal Beamwidth (Deg.) X y z 68 31 27 34.17 63 31 27 34.17 63 31 27 34.17 68 31 27 34.17 63 31 27 34.17 68 25 25 34.17 63 35 25 34.17 68 35 23 34.17 63 38 23 34.17 68 38 21 34.17 63 42 21 34.17 68 42 20 34.17 63 42 20 34.17 • RF-EME Compliance Report EBI Project No. 62100764 Antenna Number Operator ATT61 AT&T ATT 61 AT&T ATT 61 AT&T ATT62 AT&T ATT 62 AT&T ATT63 AT&T ATT 63 AT&T ATT 64 AT&T ATT64 AT&T ATTC1 AT&T ATT C1 AT&T ATT C1 AT&T ATT C1 AT&T t:MEBI TX Antenna Freq ERP Gain Type (MHz) (Watts) (dBd) Model Panel UMTS 250 15.25 Powerwave 1900 RA21.7752 Panel GSM 850 750 14.75 Powerwave RA21.7752 Panel GSM 1900 750 15.25 Powerwave RA21.7752 Panel GSM 850 750 14.75 Powerwave RA21 .7752 Panel GSM 1900 750 15.25 Powerwave RA21.7752 Panel GSM 850 750 14.75 Powerwave RA21.7752 Panel GSM 1900 750 15.25 Powerwave RA21 .7752 Panel GSM 850 750 14.75 Powerwave RA21.7752 Panel GSM 1900 750 15.25 Powerwave RA21 .7752 Panel UMTS 250 14.75 Powerwave 850 RA21 .7752 Panel UMTS 250 15.25 Powerwave 1900 RA21.7752 Panel UMTS 250 15.25 Powerwave 1900 RA21.7752 Panel GSM 850 750 14.75 Powerwave RA21.7752 21 B Street • Burlington, MA 01803 • 1.800. 786.2346 Azimuth Length (deg.) (ft) 140 7.83 140 7.83 140 7.83 140 7.83 140 7.83 140 7.83 140 7.83 140 7.83 140 7.83 260 7.83 260 7.83 260 7.83 260 7.83 USID No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California Horizontal Beamwidth (Deg.) X y z 63 42 20 34.17 68 42 20 34.17 63 42 20 34.17 68 42 18 34.17 63 39 18 34.17 68 39 15 34.17 63 35 15 34.17 68 35 13 34.17 63 32 13 34.17 68 32 14 34.17 63 31 14 34.17 63 31 14 34.17 68 31 14 34.17 • RF-EM E Compliance Report EBI Proj ect No. 62100764 Antenna Number Operator ATI C1 AT&T ATI C2 AT&T ATIC2 AT&T ATIC3 AT&T ATIC3 AT&T ATIC4 AT&T ATIC4 AT&T UNKA1 Unknown UNKA2 Unknown UNKA3 Unknown UNKA4 Unknown UNK 81 Unknown UN K 82 Unknown TX Antenna Freq Type (MHz) Panel GSM 1900 Panel GSM 850 Panel GSM 1900 Panel GSM 850 Panel GSM 1900 Panel GSM 850 Panel GSM 1900 Panel 850 Panel 850 Panel 850 Panel 850 Panel 850 Panel 850 ERP Gain (Watts) (dBd) Model 750 15.25 Powerwave RA21.7752 750 14.75 Powerwave RA21.7752 750 15.25 Powerwave RA21 .7752 750 14.75 Powerwave RA21.7752 750 15.25 Powerwave RA21.7752 750 14.75 Powerwave RA21.7752 750 15.25 Powerwave RA21.7752 121 12 Unknown 121 12 Unknown 121 12 Unknown 121 12 Unknown 121 12 Unknown 121 12 Unknown ~EBI 21 B Street + Burlington, MA 01803 + 1.800.786.2346 Azimuth Length (deg.) (ft) 260 7.83 260 7.83 260 7.83 260 7.83 260 7.83 260 7.83 260 7.83 30 3.5 30 3.5 30 3.5 30 3.5 140 3.5 140 3.5 USID No. 92996 Site No. NS0028 1966 O livenhain Road, Carlsbad, California Horizontal Beamwidth (Deg.) X y z 63 31 14 34.17 68 31 18 34.17 63 31 18 34.17 68 31 22 34.17 63 31 22 34.17 68 31 26 34.17 63 31 26 34.17 63 31 27 28.5 63 35 25 28.5 63 38 23 28.5 63 42 21 28.5 63 42 20 28.5 63 39 18 28.5 • RF-EME Compliance Report EBI Project No. 62100764 Antenna Number Operator UNK 83 Unknown UNK 84 Unknown UNK C1 Unknown UNKC2 Unknown UNKC3 Unknown UNKC4 Unknown Antenna Type Panel Panel Panel Panel Panel Panel TX Freq ERP Gain (MHz) (Watts) (dBd) 850 121 12 850 121 12 850 121 12 850 121 12 850 121 12 850 121 12 Azimuth Length Model (deg.) (ft) Unknown 140 3.5 Unknown 140 3.5 Unknown 260 3.5 Unknown 260 3.5 Unknown 260 3.5 Unknown 260 3.5 USID No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California Horizontal Beamwidth (Deg.) 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ON• ON• ON• ON• ON• ON• ON• Of<• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• Ust.Of Are:n SUS11:$U$220 • • RF-EME Compliance Report EBI Project No. 62100764 EBI • Appendix D • USID No. 92996 Site No. N$0028 1966 Olivenhain Road, Carlsbad, California Roofview ®Graphics 21 B Street • Burlington, MA 01803 • 1.800. 786.2346 % of FCC Public Exposure Limit Exposure Level ~ 5,000 D 500 < Exposure Level S 5000 100 <Exposure LevelS 500 Exposure LevelS 100 AT&T Artemas D other Cirri s-ArtEITBs 0' 10' 20' 30' 40' -------·-------~ Roofview: Composite Exposure Levels Facility Operator: AT&T Mobility Site Name: OMWD Ops Center AT&T Site Number: NS0028 USID Number: 92996 Re port Date: 04-07-10 ~EBI ' n ' • % of FCC Public Exposure Limit Exposure Level >5 Exposure Level ~ 5 0' 10' 20' AT&T Arte-ms D Ott-er Clrris-Artemas 30' 40' Roofview: AT & T Exposure Levels Facility Operator: AT&T Mobility Site Name: OMWD Ops Center AT&T Site Number: N$0028 USID Numbe r: 92996 Report Date: 04-07-10 ~EBI • • RF-EME Compliance Report EBI Project No. 62100764 • • USID No. 92996 Site No. NS0028 1966 Olivenhain Road, Carlsbad, California Appendix E Compliance/Signage Plan liEBI 21 B Street • Burlington, MA 01803 • 1.800.786.2346 II AT&T Artemas D Other Curler Artemas !Hnote< AT & T lnfomu!JoNl "&" I lnnote< AT & T lnlomu,_,.l ""' 2 lnnotti AT&T lnform>tJONI "l" ) O•nottl AT&T lnfO<mouon>l ;.l" i lnnote< AT&. 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Compliance/Signage Plan Facility Operator: AT&T Mobility Site Name: OMWD Ops Center AT&T Site Number: NS0028 USID Number: 92996 Report Date: 04-07-10 • • DEBI • • 1\, landAmerica • Commonwealth Plancom, Inc. 302 State Place Escondido, CA 92029 Attn: Rodney Philhower Your Reference No: NS0028 OMWD Ops Ctr. • Commonwealth Land Title Company 3131 Camino del Rio N., #1400 San Diego, CA 92108 Phone: (619) 686-6000 Our File No: 04616428-54 Title Officer: Linda Slavik (lslavik@landam.com) Phone: (619) 686-2192 Fax: (619) 725-3248 Property Address: Vacant Land, 1966 Olivenhain Road, Carlsbad, California PRELIMINARY REPORT Dated as of March 7, 2008 at 7:30a.m. In response to the above referenced application for a policy of title insurance, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that 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. Limitations on Covered Risks applicable to the CLTA 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 Exhibit B. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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. CLTA Preliminary Report (Revised 11-17-06) Page 1 File No: 04616428 • • SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Olivenhain Municipal Water District The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 File No: 04616428 • • EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Lot 10 of the Subdivision of the Rancho Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898, described as follows: Beginning at a point in the Southerly line of said Lot 10, distant thereon North 87°03'30" East 509.61 feet from the Southwesterly corner of said Lot, said Point being the Southwesterly terminus of a 300 foot radius curve, in the centerline of County Road Survey No. 454, as described in Deed to the County of San Diego, recorded January 21, 1930 in Book 1737, page 4 of Deeds; Thence along said centerline as follows: Northeasterly along said curve 256.98 feet through a central angle of 49°04'49"; and tangent to said curve North 37°58'41" East 697.88 feet to the Point of Intersection of the centerline of County Road Survey No. 454-A as described in Deed to the County of San Diego, recorded May 4, 1954 in Book 5226, page 582 of Official Records, said point being the Point of Tangency of a 350 foot radius curve, concave Easterly as described in Parcel 2 of said Deed; Thence Southerly along said curve 355.37 feet through a central angle of 58°10'27" Thence tangent to said curve South 20°11'46" East 311.85 feet to the Southerly line of said Lot 10; Thence along said Southerly line South 87°03'30" West 706.46 feet to the Point of Beginning. Assessor's Parcel Number: 255-031-03 Page 3 File No: 04616428 • • SCHEDULE B -Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (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. 2. 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 asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. 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 not shown by the Public Records. 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. Page 4 File No: 04616428 • • SCHEDULE B-Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2008 -2009 which are a lien not yet payable. B. No taxes are due or payable at this time. Said Property is currently owned by a Governmental Agency. C. The lien of any special assessment or tax resulting from the inclusion of the property in a special assessment district or Mello-Roos Community Facilities District, which may exist by virtue of assessment maps or notices filed and/or recorded by any such district. Assessments, if any, arising from such assessment districts may be collected with the regular real property taxes. D. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Water rights, claims or title to water, whether or not shown by the public records. 2. An easement in favor of the public over any existing roads lying within said land. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: Recorded: Affects: public road August 4, 1898 in Book 272, Page 86 of Deeds said land as more particularly described therein Reference is made to said document for full particulars. 4. An easement document Granted to: Purpose: Recorded: Affects: for the purpose shown below and rights incidental thereto as set forth in a San Diego Gas & Electric Company Public utilities November 17, 1948 in Book 3019, Page 384 of Official Records said land as more particularly described therein Reference is made to said document for full particulars. Page 5 File No: 04616428 • • 5. An easement document Granted to: for the purpose shown below and rights incidental thereto as set forth in a Purpose: Recorded: Affects: San Diego Gas & Electric Company Public utilities July 2, 1965 as Instrument No. 119081 of Official Records said land as more particularly described therein Reference is made to said document for full particulars. 6. An easement document Granted to: for the purpose shown below and rights incidental thereto as set forth in a Purpose: Recorded: Affects: San Diego Gas & Electric Company Public utilities December 1, 1971 as Instrument No. 279388 of Official Records said land as more particularly described therein Reference is made to said document for full particulars. 7. An easement for the document Granted to: Purpose: Recorded: purpose shown below and rights incidental thereto as set forth in a San Diego Gas & Electric Company Public utilities January 20, 1981 as Instrument No. 81-017997 of Official Records The exact location and/or extent of said easement is not disclosed in the public records. 8. An easement document Granted to: Purpose: Recorded: Affects: for the purpose shown below and rights incidental thereto as set forth in a The Pacific Telephone and Telegraph Company public utilities March 13, 1981 as Instrument No. 81-077391 of Official Records said land as more particularly described therein Reference is made to said document for full particulars. 9. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: The Olivenhain Municipal Water District Cox PCS Assets, L.L.C., a Delaware Limited Liability Company Memorandum of Lease December 15, 1999 as Instrument No. 1999-0813021 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Page 6 File No: 04616428 • • 10. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Olivenhain Municipal Water District Pacific Bell Wireless, LLC, a Nevada limited liability company, d/b/a Cingular Wireless Memorandum of Agreement January 28, 2004 as Instrument No. 2004-0066335 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 11. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded July 23, 2004 as Instrument No. 2004-0691406 of Official Records. Reference is made to said document for full particulars. 12. An easement for the document Granted to: Purpose: Recorded: purpose shown below and rights incidental thereto as set forth in a San Diego Gas & Electric Company public utilities June 28, 2005 as Instrument No. 2005-0543441 of Official Records The exact location and/or extent of said easement is not disclosed in the public records. A Plat is attached to and made a part of said document which indicates the location or approximate location of said easement. 13. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded June 6, 2006 as Instrument No. 2006-0399372 of Official Records. Reference is made to said document for full particulars. 14. The matters contained in a document entitled "Agreement for Reimbursement of Planning, Environmental Planning, Design and Construction Costs for Rancho Santa Fe Road and Olivenhain Road" recorded September 28, 2006 as Instrument No. 2006-0692579 of Official Records. Reference is made to said document for full particulars. 15. The matters contained in a document entitled "Hold Harmless Agreement Drainage" recorded June 6, 2007 as Instrument No. 2007-0381720 of Official Records. Reference is made to said document for full particulars. 16. An easement for the document Granted to: Purpose: Recorded: Affects: purpose shown below and rights incidental thereto as set forth in a City of Carlsbad public street and public utility August 21, 2007 as Instrument No. 2007-0556029 of Official Records said land more particularly described therein. Page 7 File No: 04616428 • • A Plat is attached to and made a part of said document which indicates the location or approximate location of said easement. 17. An easement for the document Granted to: Purpose: Recorded: Affects: purpose shown below and rights incidental thereto as set forth in a City of Carlsbad, a Municipal Corporation traffic signal maintenance and public pedestrian access August 21, 2007 as Instrument No. 2007-0556030 of Official Records said land more particularly described therein. A Plat is attached to and made a part of said document which indicates the location or approximate location of said easement. 18. Title search discloses no open deeds of trust. Please confirm prior to close of escrow. 19. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. 20. Any rights, interests or claims of the parties in possession of said land, including but not limited to those based on an unrecorded agreement, contract or lease. This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together with all supplements, assignments and amendments, before any policy of title insurance will be issued. 21. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. 22. Discrepancies, confiicts 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. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 8 File No: 04616428 • • REQUIREMENTS SECTION: REQ N0.1: The Company will require a certified copy of the Resolution of the Board of Directors of the following corporation authorizing the transaction for which this Preliminary Report was ordered. Corporation: Olivenhain Municipal Water District Page 9 File No: 04616428 • • INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO.2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 530 "B" Street San Diego, CA 92101 ABA # 122-000-496 Credit To: Commonwealth Land Title Company-San Diego County Account #9100899563 RE: 04616428 -675 -LSO PLEASE INDICATE COMMONWEALTH LAND TITLE COMPANY ESCROW OR TITLE ORDER NUMBER NOTE NO. 3: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. Page 10 File No: 04616428 • • NOTE NO. 4. The charge for a policy of title insurance, when issued through this title order, will be based on BASIC RATE . NOTE NO. 5. THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). NOTE NO. 6: There are no conveyances affecting said land recorded within 6 months of the date of this report. Typist: es4 Date Typed: March 14, 2008 Page 11 • Exhibit B (Revised 11-17-06) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POUCY-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: 1. (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; (Ji) 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: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimanti (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. 4. 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. 5. 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. 6. 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 laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I 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: 1. 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. 2. 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. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. 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. 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, CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. 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. File No: 04616428 • • 2. The failure of Your existing structures, or any part 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: a. a notlce 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. 4. 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, S.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 11 or 18. LIMITATIONS ON COVERED RISKS 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 Ofo of Policy Amount or $2,500 (whichever is less) 101o of Policy Amount or $5,000 (whichever is less) 1 Ofo of Policy Amount or $5,000 (whichever is less) 1 °/o of Policy Amount or $2,500 (whichever is less) Our Maximum Dollar Limit of Liabilitv $10,000 $25,000 $25,000 $5,000 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: 1. 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 • imprcvements 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. 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 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in str-eets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 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: 1. (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 File No: 04516428 • • 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. 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 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 poli<:y; (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 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. 4. 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. 5. 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. 6. 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. 7. 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 tirnely 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 Coverag~, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy dOE!s not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. 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 recor-ds of such agency or by the public records. 2. 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. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. 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. 5. (a) Unpatel)ted 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: 1. (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 l(a) does not modify or limit the coverage provided under Covered Risk 5. ,--------------------------------- File No: 04616428 • • (b) Any governmental police power. This Exclusion l{b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 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 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. 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. 5. 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. 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. 7. 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 ll{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: 1. (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. 2. 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. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. 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 not shown by the Public Records. 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: 1. (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 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. 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 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. 4. 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 File No: 04616428 • • (ii) the transaction c:reating 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 General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not im;ure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessmehts 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. 2. 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. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which i3re not shown by the public records. 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. 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: 1. (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 l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to th~ 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. 4. Any claim, by reaso[) 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. 5. Any lien on the Titl~ 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: 1. (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. 2. 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. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. 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 not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tltl~ to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. File No: 04616428 • • 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: 1. (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 L-and 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 detect, 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. 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: (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 (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 lo~s or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. 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 §ituated. 5. 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. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion doe$ not limit the coverage provided under Covered Risks 7, S(e) and 26. 7, 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. 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 B. 9. 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. • ~~ landAmerica ~ Commonwealth • Commonwealth Land Title Company 3131 Camino del Rio N., #1400 San Diego, CA 92108 Phone: (619) 686-6000 Fax: File No: 04616428 Notice to Customers You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one- to-four-dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Financial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company of California, Inc. Fidelity National Loan Portfolio Services Ticer Title Insurance Company Security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4 You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the reconveyance fee claims process pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc., et al., Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: • ~, landAmerica ~ Commonwealth • Commonwealth Land Title Company 3131 Camino del Rio N., #1400 San Diego, CA 92108 Phone: (619) 686-6000 Fax: File No: 04616428 Notice to Customers You may be eligible for a $20.00 reduction in your title or escrow fees in this transaction charged by Commonwealth Land Title Insurance Company pursuant to the Final Judgments entered in People of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. LandAmerica Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. You are eligible for this $20.00 reduction in your title or escrow fees if you meet the following requirements: 1. You are a natural person or trust; 2. Your transaction involves the purchase, sale or refinancing of residential real property containing one- to-four-dwelling units; 3. You previously purchased title insurance or escrow services involving a transaction which closed between May 19, 1995 and October 8, 2002 from one of the following companies: LandAmerica Financial Group, Inc. Commonwealth Land Title Insurance Company or Commonwealth Land Title Company Lawyers Title Insurance Corporation or Lawyers Title Company First American Title Insurance Company, First American Title Company, First American Title Guarantee Company Fidelity National Financial, Inc. Fidelity National Title Insurance Company Fidelity National Title Company Fidelity National Title Insurance Company of California, Inc. Fidelity National Loan Portfolio Services Ticor Title Insurance Company security Union Title Insurance Company Chicago Title Insurance Company Chicago Title Company Chicago Title and Trust Company Rocky Mountain Support Services, Inc. California Tracking Service, Inc. Title Accounting Services Corporation 4. You did not receive a $65.00 cash payment from LandAmerica Financial Group, Inc. in the reconveyance fee claims process pursuant to the Final Judgments entered in Peoole of the State of California v. LandAmerica Financial Group. Inc .. et al., Sacramento Superior Court Case No. 92 AS 06111, and Taylor. et al. v. Land America Financial Group. Inc .. et al., Los Angeles Superior Court Case No. BC 231917. If you meet the foregoing requirements and want the $20.00 fee reduction complete this form and return it to your Commonwealth Land Title Insurance Company escrow or title officer. NOTE: If you are eligible for the $20.00 fee reduction please complete and return this form. You must advise us of your eligibility prior to closing in order to receive the $20.00 fee reduction. Name: Address: Telephone No: 09 ·~··'1 DETAIL "8~ , .. 6iJ SHT. 3 OLIVENHAIIt «D. RS.\631 r£;-..., ~ SAN DIEGO CCUNTY ASSESSOR'S t.IAP 8001< 255 PAGE OJ @ SHT 4 '"" @ 4.34 AC '" \·f'); @ 200' SHT 2 f{f ,. ,·, CAMINO~-......._ ALVARO "" \,!, .• \ EijsHT.2 255-03 ,.J.OO' tjJ 06/16/05 l'l1tl ~~ Nt ""-~ ~ ~ ~ = ~ Eii1 SHT I [!l~ Eii1 SHT 2 r .I ' ~ 2'!. ~ MAP 848-RHO LAS ENCINITAS-LOT 10 & POR LOTS 3.4 & 9 ROSI3213 I" • • ' . 08 ~~-·-L.r-- -\,. _.,. '0~ ' <<. • o·: ·~ "'! -•• <,, }:;t,t A 'I '• \1 ·..:. •I '' _:;1 ., I I J ~I(,•!OO~HO<:J:;J p. < f·) '' ~-· lt.THt r T ' jii <::-- I' <' '!,..,. i .,, .. ,t,,.l~ .;,;·'_.".· • jH-' 2 -' • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111 11111111m 111m 1111111111 Applicant: ATT MOBILITY, LLC Description Amount MCUP1018 697.00 Receipt Number: R0080465 Transaction ID: R0080465 Transaction Date: 08/02/2010 Pay Type Method Description Amount Payment Check 697.00 Transaction Amount: 697.00 City of Carlsbad Faraday Center -- Faraday Cashiering 001 1021401-2 08/02/2010 96 Man, Aug 02, 2010 03:39 PM Receipt Ref Nbr: R1021401-2/0049 PERMITS -PERMITS Tran Ref Nbr: 102140102 0049 0077 Trans/Rcpt#: R0080465 SET #: MCUP101B Amount: Item Subtotal: Item Tot a 1: JTEM(S) TOTAL: Check (Chk# 0378) Total Received: Have a nice day! 1 @ $697.00 $697.00 $697.00 $697.00 $697.00 $697.00 **************CUSTOMER COPY************* • • FILE COPY October 22, 201 0 Ted Marioncelli c/o Plancom, Inc. 302 State Place Escondido, CA 92029 SUBJECT: NOTICE OF RESTRICTION-MCUP 10-18-AT&T OMWD OPS CENTER WCFTREE I ' 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 MCUP 10-18, Condition No. 11. Please ensure the following items are addressed prior to returning the Notice of Restriction: .r 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)) .r Document must be properly notarized . .r Name on signature page and name on Notarial Acknowledgement must match . .r Property owner's signatures/initials must be the same as on Notary Acknowledgement . .r 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) . .r Include property owner's name in the designated space above the owner's signature . .r 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 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, 0c~ W~- DAN HALVERSON Assistant Planner c: Senior Management Analyst File Copy _§~_A. C I T Y 0 F ~PCARLSBAD • • FILE COPY "15. </ ·10 Planning Department www.carlsbadca.gov NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT Notice is hereby given that a Minor Conditional Use Permit (MCUP) has been applied for to allow the installation, operation, and maintenance of a Wireless Communication Facility (WCF) for AT&T consisting of twelve (12) panel antennas and with the possibility of twelve (12) future antennas co-located on the proposed tree. The antennas will be mounted on a mono-eucalyptus tree and have an equipment enclosure to house the telco-cabinets at the base of the tree with landscaping to screen the enclosure on the Olivenhain Municipal Water District property at 1966 Olivenhain Road, Carlsbad, California, and more particularly described as: That portion of Lot 13 of the subdivision of Rancho Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1890 If you have any objections to the granting of this MCUP or wish to have an informal hearing to discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Daniel Halverson in the Planning Division at (760) 602-4631 or email at: Daniel.halverson@carlsbadca.gov CASE NO.: MCUP 10-18 CASE NAME: AT&T OMWD WCF DATE: AUGUST 4, 2010 --7' 8(t8/IO CITY OF CARLSBAD PLANNING DIVISION ~ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® r----------------·· -• • 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 I q ld.o OLlVENtlfl.i N f) · RECEIVED BY DATE:----------- • August 3, 2011 TO: • Dan Halverson, Assistant Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist • FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review-Construction Drawings-3'd Review OMWD OPS Center-MCUP 10-18, DWG 470-2L Olivenhain Road and Rancho Santa Fe Road PELA file: 337 -NS0028 OMWD OPS Center-AT&T Mobility~ CD3 Contact: Jeff Rome, JRA-Phone: (949) 760-3929 Landscape Architect: Peter Miles-Phone: (949) 770-1436 Please advise the applicant to make the following corrections to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS 1-9 Completed. 10. Please obtain Engineering Department review and approval. Planning has forwarded one copy of plans to Engineering for review. Comments will be forwarded back to the applicant once received by Planning. Once approved, a memo will be issued from Engineering indicating approval. A copy of this memo is to be submitted by the applicant with the final my Iars when requested. 2"d Review: The applicant has responded: "Review submittals are handled by PlanCom-follow up to Architect by separate email." 3'd Review: The applicant has responded: "P/anCom is the processing agent-Karen Alder indicated that revised landscape is the only issue. " II. Completed. 12. Completed. 13. Please obtain Olivenhain Municipal Water District (OMWD) and County of San Diego Department of Environmental Health (DEH) review and approval. Planning has forwarded one copy of plans to DEH. The applicant will be responsible for submitting to OMWD and obtaining final approvals. 2"d Review: The applicant has responded: "DEH & OMWD Approval bocks added to title sheet-again, PlanCom has been copied on the requirement." 3'd Review: The applicant has responded: "P/anCom is the processing agent-Karen Alder indicated that revised landscape is the only issue. " Please note that an RW number is provided by DEH and must be included on the sheet. Please insure that DEH has reviewed and approved the plans. 14-34 Completed. 35. RETURN RED LINES and submit 2 revised bond copies for the next Planning Department review along with additional copies as required for other department · reviews. The applicant is to submit a copy of the approval memo from Engineering with the final my Iars when they are requested. • • • OMWD OPS Center Construction Document Review !A-lOA Completed. II A. The web link has been revised. Please revise as follows: • August 3, 2011 Page 2 Approved contract backflow testers can be found on the City web site at http://www.carlsbadca.gov/services/departments/water/Documents/recycledwaterbackfl owtesterlist.pdf for recycled or http://www.carlsbadca.gov/services/departments/water/Documents/waterbackflowtester list.pdffor potable or call438-2722 NEW COMMENTS I B. Please revise to "5" of 5 sheets. 28. Vinca minor is considered an invasive species. Please revise to a non-invasive species (i.e. Baccharis pilularis 'Pigeon Point' or other drought tolerant species). 38. Please revise to "on". • • • November 22, 2010 TO: Dan Halverson, Assistant Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review-Construction Drawings - I '1 Review OMWD OPS Center-MCUP 10-18, DWG 470-2L Olivenhain Road and Rancho Santa Fe Road PELA file: 337-NS0028 OMWD OPS Center-AT&T Mobility-CDI Contact: Jeff Rome, JRA-Phone: (949) 760-3929 Landscape Architect: Peter Miles-Phone: (949) 770-1436 Please advise the applicant to make the following corrections to the plans so that they will meet the requirements of the City of Carlsbad's Landscape ManuaL Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. I. Please label which Torrey Pines are the 48" and 60" box on the plans. 2. Please correct the quantity of new Red Iron bark trees (there appear to be II shown on the plans). 3. Please remove "Required on sheet I only" from the Engineering Plan checker signature block. 4. Plans shall be prepared on 24" x 36" standard City of Carlsbad "D Sheets" with the Planning Department title block. Please use the City standard Planning Department sheet with the title block located in the lower right hand comer of the sheet. The title block is not to be reduced or enlarged. Provide a I" border on the right side of the sheet as required for hanging mylars. 5. Please provide a cover sheet that has the project title centered at the upper portion of the sheet. 6. Please include the project title in the title block on each sheet. 7. Add the following to the cover sheet: Inspection Procedures: Inspection of the project shall be performed by the Landscape Architect of the Work, or his designated agent. Refer to the specifications for the schedule of required inspections and required submittals. Following completion of the work, the Landscape Architect of the Work will certify that the installation has been completed by submitting the "Final Landscape Certification Form". A request for a final landscape inspection by the City must also be made by calling the Inspection Request Line. "Final Landscape Certification Form" Fax to: 760-944-8943. Landscape Inspection Request Phone Line: 760-602-4602 8. Add the following to the cover sheet: I hereby declare that I am the licensed designer of work for this project, that I have \ ~ ~ exercised responsible charge over the design of the project as defined in section 6703 r • OMWD OPS Center Construction Document Review • November 22, 2010 Page 2 of the business and professions code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad (and the County of San Diego Department of Environmental Health) is confined to review only and does not relieve me, as the licensed designer of work, of my responsibilities for project design. These plans have been prepared in substantial conformance with the approved landscape concept plan, water conservation plan, fire protection plan, and all conditions of approval related to landscaping. By: Date: ____ _ Preparer 9. Please revise the title block on each sheet to "Planning" versus "Assistant Planning Director" (delete "Assistant" and "Director"). l 0. Please obtain Engineering Department review and approval. Planning has forwarded one copy of plans to Engineering for review. Comments will be forwarded back to the applicant once received by Planning. Once approved, a memo will be issued from Engineering indicating approval. A copy of this memo is to be submitted by the applicant with the final mylars when requested. II. Include the project number (MCUP 10-18) and drawing number (470-21) in the title block on each sheet. 12. Please provide a reclaimed water title sheet for the irrigation (see attached). The reclaimed water area key map is to be placed on the recycled water title sheet. 13. Please obtain Olivenhain Municipal Water District (OMWD) and County of San Diego Department of Environmental Health (DEH) review and approval. Planning has forwarded one copy of plans to DEH. The applicant will be responsible for submitting to OMWD and obtaining final approvals. 14. As-built plans for all projects (bonded and non-bonded, public and private) are required to be submitted. Submittal of as-built plans shall be as required by the Engineering and Planning Departments. The final plans should be prepared by the landscape architect from dimensions provided by the contractor. Please address in the specifications. Final as-built plans shall be drafted clearly to the satisfaction of the City, and the original mylars shall be submitted to the City for their keeping. Please add a note to plans indicating that the final as-built plans will be required to be reviewed and approved by the City and final mylars will be required to be approved and signed by the City prior to Planning Department signing the permit card. 15. Please add the following notes to the planting plans: Slopes 6: l or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a. Standard l -Cover Crop/Reinforced Straw Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate and manner sufficient to provide 90% coverage within thirty (30) days. • • OMWD OPS Center Construction Document Review • November 22, 2010 Page 3 Type of reinforced straw matting shall be as approved by the city and staked to the slope as recommended by the manufacturer. Reinforced straw matting shall be required when planting occurs between August 15 and April IS. The cover crop and/or reinforced straw mat shall be used the remainder of the year. b. Standard #2 -Ground Cover One hundred (I 00%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c. Standard #3 -Low Shrubs Low spreading woody shrubs (planted from a minimum of2-3/4 inch liners) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d. Standard #4-Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of I gallon containers) at a minimum rate of one (I) per two hundred (200) square feet. Slopes-6: I or steeper and: a. 3' or Jess in vertical height and are adjacent to public walks or streets require at minimum Standard #I. b. 3' to 8' in vertical height require Standards #I, #2 and #3. c. In excess of8' in vertical height require Standards #I, #2, #3, and #4. All landscaped slope areas shall be irrigated. Areas graded flatter than 6: I require Standard# I (cover crop) with temporary irrigation when they have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b. A potential erosion problem as determined by the City. c. Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. Please add a note to the plans indicating that any damage to existing landscaping shall be required to meet the above requirements. If there is no existing landscaping on the slope areas, slope landscaping is to be addressed on these plans. Please verify and confirm that these slope areas are landscaped. 16. Please provide a copy of plans that these notes refer to for cross checking. 17. Please clearly note that all existing landscape and site improvements are to remain protected in place unless otherwise noted on the plans. 18. It is noted that trees and shrubs will be installed on slopes. Please provide a tree and shrub planting detail for slope areas and indicate that where on slopes, the rear of the planting pits shall be graded to a maximum I: I slope. Indicate that erosion control fabric shall be installed on this slope to control erosion while plants establish. 19. How was the backfill determined without a soils test? Please explain. • • • OMWD OPS Center Construction Document Review • November 22, 2010 Page 4 20. Trees planted within 5' of public sidewalks shall be installed with root barriers approved by the City. It is recommended that trees planted within 5' of any paved surface be provided with a lineal type root barrier located adjacent to the paving in between the tree and the paving. 21. Please provide the Engineering Plan checker signature block on the cover sheet only and remove from all other sheets. 22. Please clarify if this is a boundary line or irrigation mainline as shown in the legend. If this is not an irrigation mainline, please revise the symbol so that it does not match the legend symbol. 23. Please clearly note the location of the point of connections on the plans and indicate that they are downstream of the existing valves at the later lines. 24. It is not clear which sprinklers are connected to which lateral line. Some sprinklers appear to be connected to two different laterals. Please modify plans to read clearly. 25. Please provide a lateral connection to all sprinklers. 26. Several shrubs appear to have the bubbler located downhill ofthe shrub. Please revise (or add a note to clarify) to always locate the sprinkler uphill of the shrub. 27. Please specify and size the ball valves. 28. All water meters or other points of connection (P.O.C.) both temporary and permanent, shall be noted and sizes called out. Please show and indicate the size of the existing water meter and backflow for the irrigation systems. 29. Please indicate the static water pressure at the water meter. 30. Please provide an installation detail for the ball valve and lateral line. Indicate the depth of the lateral line (minimum 12" depth). 31. Please provide both irrigation and planting specifications for review. 32. Please provide a complete pressure loss calculation for the tree bubbler system for cross checking. 33. Sleeves will be required for all laterals below paving. Please address. Sleeves under roads: 6" or less in diameter-36" cover Greater than 6" in diameter -48" cover Schedule 80 PVC Sleeves under paving (non-roads): Less than 3" in diameter -18" cover 3"-5-1/2" in diameter-24" cover 6" or greater in diameter-36" cover Schedule 40 PVC 34. Please correct the spelling. 35. RETURN RED LINES and submit 2 revised bond copies for the next Planning Department review along with additional copies as required for other department reviews. The applicant is to submit a copy of the approval memo from Engineering with the final my Iars when they are requested. • CITY OF CARLSBAD • REVIEW AND COMMENT MEMO DATE: AUGUST 2. 2010 PROJECT NO{S): _:Mc:..:..::C-=-UP'----=-10=---=-18=-------------REVIEW NO: -=1=----1 PROJECT TITLE: AT&T OMWD OPS CENTER WCF APPLICANT: AT&T MOBILITY TO: [gJ Land Development Engineering-Terie Rowley D Police Department-J. Sasway [gJ Fire Department-James Weigand [gJ Building Department-Will Foss D Recreation-Mark Steyaert D Public Works Department (Streets)-Thomas Moore D Water/Sewer District D Landscape Plancheck Consultant-PELA D School District D North County Transit District-Planning Department D Sempra Energy-Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by AUGUST 23. 2010. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing. please immediately contact the applicant and/or their representatives !via phone or e-mail) to let them know. Thank you COMMENTS: __ "-"Nz2CL.L...__,CZ'fU""""'=M.--'..l.'fllV"""""-IE..,;:....------------ 8/27 /ZtJ/0 < Signature Date PLANS A IT ACHED '"" Review & Comment 03/10 DK • • FILE COPY Discretionary Review Checklist PROJECT NUMBER: MCUP 10-18 BUILDING ADDRESS: AT&T OMWD OPS CTR WCF 1966 Olivenhain Road, CBD 92009 PROJECT DESCRIPTION: Installation ofWCF enclosure w/ ground mounted equipment ASSESSOR'S PARCEL NUMBER: _,2::::5:.::c5-...::0...:.:40,_-:::::56::...:&=25::::5:....:-0::.:::3...:.:1-...::0.:::.3 --------- 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: G.'Ry<MII Date: 08/09/10 ATTACHMENTS Notice to Applicant -Requirements for compliance with C.F.C. "Stationary Battery Systems" 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: Date: ------- By: --------Date: By: --------Date: FIRE DEPARTMENT CONTACT PERSON NAME: Greg Ryan, Fire Specialist II City of Carlsbad ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4663 • • I. INTRODUCTION A. Puroose: To provide minimum standards for compliance with the Carlsbad Fire Code. B. ~This regulation shall apply whenever the aforementioned subjects are encountered. C. ~The Fire Marshal of the Prevention Bureau is responsible for the origin and maintenance of this regulation. II. RESPONSIBILITY All personnel with fire suppression and code enforcement responsibilities shall insure the compliance with this regulation whenever violations are anticipated or encountered. Ill. POLICY The proper installation and identification of Stationary lead/ Acid battery systems is imperative in order for this Department to carry out and fulfill its obligation to protect life and property. GUIDELINE FOR STATIONARY LEAD/ACID BATTERY SYSTEMS All ol the notes listed In the GENERAL REQUIREMENTS section shall be placed, verbatim, on the plan under the heading "FIRE NOTES." Include notes from the other secflons as applicable to the project. The intent of this guideline is to outline the requirements and regulations for stationary storage battery systems, including batteries for cellular sites and indoor storage of electric carts or cars. The following "Submittal Requirements" as outlined below provide the minimum information required for plan review as set forth by the 2007 California Fire Code ( Carlsbad-CFC) Chapter 6, as locally amended, and Table 508.2 of the 2007 California Building Code (Carlsbad-CBC). This guideline applies to all new installations and/or alterations to existing stationary storage battery systems, including flooded lead acid, nickel cadmium, valve regulated lead acid and lithium ion battery systems within the jurisdiction of the Carlsbad Fire Department (CFD). The following definitions are provided to facilitate the consistent application of this guideline. Battery System, Stationary Lead Acid-A system which consists of three interconnected subsystems: 1. A lead-acid battery. 2. A battery charger. 3. A collection of rectifiers, inverters, converters, and associated electrical equipment as required for a particular application. Nickel cadmium, (NiCd) battery-An alkaline storage battery in which the positive active material is nickel oxide, the negative contains cadmium and the electrolyte is potassium hydroxide. Non-recombinant battery-A storage battery in which, under conditions of normal use, hydrogen and oxygen gases created by electrolysis are vented into the air outside of the battery. Recombinant battery-A storage battery in which, under conditions of normal use, hydrogen and oxygen gases created by electrolysis are converted back into water inside the battery instead of venting into the air outside of the battery. Stationary storage battery-A group of electrochemical cells interconnected to supply a nominal voltage of DC power to a suitably connected electrical load, designed for service in a permanent location. Valve regulated lead acid (VRLA) battery-A lead-acid battery consisting of sealed cells furnished with a valve that opens to vent the battery whenever the internal pressure of the battery exceeds the • • ambient pressure by a set amount. The liquid electrolyte in the cells is immobilized in an absorptive glass mat (AGM cells or batteries) or by the addition of a gelling agent. Vented (Flooded) lead acid battery-A lead-acid battery consisting of cells that have electrodes immersed in liquid electrolyte. Flooded lead-acid batteries have a provision for the user to add water to the cell and are equipped with a flame-arresting vent which permits the escape of hydrogen and oxygen gas from the cell in a diffused manner such that a spark, or other ignition source, outside the cell will not ignite the gases inside the cell. 1. General A. Plans for all battery systems shall be submitted to CFD for review. B. Provide a minimum of three copies of the plans and the manufacturer's data sheets for the batteries. All data sheets shall be current and complete. C. Plans shall be legible, scaled to nationally recognized standards, and blue or black-lined. D. Plans not conforming to these minimum requirements will be returned as incomplete. 2. Provide the Following Information on the Title Page A. The building construction type and occupancy classification(s) as defined by the California Building Code (CBC). B. Applicable codes and standards used for the system's design (e.g., 2007 CFC, 2007 CBC, etc.). C. Project location, including the legal address of the facility, and building number(s), if applicable. D. The contractor's name, telephone number, address, and California State contractor's license number. E. If the building contains automatic fire sprinklers, note this and identify the sprinkler density (e.g., 0.33/3000). F. Identify the total number of batteries. 1) Lead-acid, Nickel cadmium, and VRLA batteries: a. Identify the total quantity of electrolyte per battery in gallons (e.g. 3.8 gallons per battery). b. Identify the concentration of each chemical in the electrolyte (e.g., 12.5% sulfuric acid). c. Provide a copy of the battery manufacturer's hydrogen evolution table based on the intended use. d. Identify the total amount of electrolyte per system. If there are multiple systems, identify the total electrolyte for all systems that are not separated by a minimum of a one-hour fire barrier. If a one-hour fire barrier separates battery systems, provide the total electrolyte for each/all system(s) on each side of the one-hour fire barrier. 2) Lithium ion batteries: a. Identify the total weight of lithium ion batteries. G. Provide a building floor plan identifying the location of each battery system. 3. Determination of Requirements The questionnaire below will assist in determining if CFC Chapter 6 applies. If you answer "yes" to any of the questions, the plans shall contain the additional information identified in Section 4 below. Condition Decision Applicable CFC Chapter >50 Gallons Electrolyte in svstem oYes oNo Chapter 6 All Provisions S50 Gallons Electrolyte in system oYes oNo ChaPter 27 (General Provisions) >1000 Pounds Lithium-ion oYes oNo Chapter 6 All Provisions • • 4. Required Information if Chapter 27 Applies A Spill containment or means to render a spill harmless to people or property shall be provided. B. Safeguards shall be provided to minimize the risk of and limit damage from a fire or explosion involving hazardous materials. C. Hazardous materials warning signs are required for lead-acid battery systems with quantities of electrolyte that exceed the permit amounts. For electrolyte with a percentage of over 12% of Sulfuric Acid, the sign shall state the following: CORROSIVE LIQUID WATER REACTIVE 1 LIQUID TOXIC LIQUID All lettering shall be capital letters on a contrasting background. Letters shall be a minimum of 1" in height. Provide specific details as to the sign CFC 608.7.1 & 2703.5 D. Electrical wiring and equipment shall be installed and maintained in accordance with the California Electrical Code. CFC 2703.9.4 5. Required Information if Chapter 6 Applies A. Room design and construction: 1) For battery systems with a liquid capacity of more than 100 gallons, the battery system must be in a room that is separated from other portions of the building by a minimum of a one-hour fire barrier in other than Groups A, E, I and R Occupancies. 2) In Groups A, E, I, and R Occupancies, the battery system shall be located in a room separated from other portions of the building by a minimum of a two-hour fire barrier. CBC Table 508.2 3) When stationary batteries are installed in a separate equipment room accessible only to authorized personnel, they are permitted to be installed on an open rack for ease of maintenance. CFC 608.4.1 4) When a system of VRLA, lithium-ion or other type of sealed, non-venting batteries is situated in an occupied work center, it may be housed in a non-combustible cabinet or other enclosure to prevent access by unauthorized personnel. CFC 608.4.2 5) When stationary batteries are contained in cabinets in occupied work centers, the cabinet enclosures shall be located within 10 feet of the equipment they support. CFC 608.4.3 B. Safety caps: 1) Vented lead acid, nickel-cadmium or other types of non-recombinant batteries shall be provided with safety venting caps. CFC 608.2.1 2) VRLA batteries shall be equipped with self-resealing flame-arresting safety vents. CFC 608.2.2 C. Thermal runaway: 1) VRLA battery systems shall be provided with a listed device or other approved method to preclude, detect and control thermal runaway. CFC 608.3 D. Spill control and neutralization: 1) Show that an approved method exists for the control and neutralization of an unintentional release (spill) of electrolyte in areas containing lead-acid, nickel-cadmium or other types of batteries with free-flowing liquid electrolyte. This does not include VRLA, lithium-ion or other types of sealed batteries with immobilized electrolyte. CFC 608.5 2) For battery systems containing lead-acid, nickel-cadmium or other types of batteries with free- flowing liquid electrolyte, the method and materials shall be capable of neutralizing a spill from the largest lead-acid battery to a pH between 7.0 and 9.0. CFC 608.5.1 3) For VRLA or other types of sealed batteries with immobilized electrolyte, the method and material shall be capable of neutralizing a spill of 3% of the capacity of the largest VRLA cell or block in the room to a pH between 7.0 and 9.0. Lithium-ion batteries do not require neutralization. CFC 608.5.2 • • E. Room ventilation: 1) Show the required ventilation by one of the two methods stated below: a. For flooded lead acid, flooded nickel-cadmium, and VRLA batteries, the ventilation system shall be designed to limit the maximum concentration of hydrogen to 1 % of the total volume of the room, or b. Continuous ventilation shall be provided at a rate of one cubic foot per minute per square foot of floor area of the room. Lithium-ion batteries do not require ventilation. CFC 608. 6. 1 F. Cabinet ventilation: 1) Show that when VRLA batteries are installed inside a cabinet, the cabinet shall be approved for use in occupied spaces and shall be mechanically or naturally vented by one of the following methods: a. The cabinet ventilation shall limit the maximum concentration of hydrogen to 1% or the total volume of the cabinet during the worst case event of simultaneous "boost" charging or all the batteries in the cabinet, or b. When calculations are not available to substantiate the ventilation rate, continuous ventilation shall be provided at a rate of not less than 1 cubic foot per minute per square foot of floor area covered by the cabinet. The room containing the cabinet must also be ventilated as required as shown under F1 above. CFC 608.6.2. G. Specify on the plan that the doors to the battery room shall be provided with signs with the following information: 1) The room contains energized battery systems. 2) The room contains energized electrical circuits. 3) Sulfuric Acid: Corrosive, Water Reactive 1, Toxic Liquid (for lead-acid batteries) All lettering shall be capital letters on a contrasting background. Letters shall be a minimum of 1" in height. Provide specific details as to the sign design CFC 608.7.1 4) Specify on the plan that cabinets have exterior labels identifying the manufacturer and model number of the system and electrical rating (voltage and current) of the contained battery system. There shall also be signs within the cabinet to indicate the relevant electrical, chemical and fire hazards. CFC 608.7.2 H. Provide details showing the battery system is seismically braced according to the CBC.CFC 608.8 I. Demonstrate that an approved automatic smoke detection system is provided in all areas that contain a stationary battery system. CFC 608.9 J. Provide the following notes, verbatim, on the plan under "FIRE DEPARTMENT NOTES": 1) CFD final inspection required. Please schedule all field inspections at least 48 hours in advance. Inspections canceled after 1 p.m. on the day before the scheduled date will be subject to are- inspection fee. Call CFD Inspection Scheduling at 760-602-4660. 2) Stationary battery systems shall be in compliance with 2007 CFC Chapter 6, as amended. 3) A permit to operate stationary battery systems is required. An CFD fire inspector will issue the permit following the final inspection. 4) A smoke detection system shall be installed in the battery room in compliance with 2007 CFC and 2002 NFPA 72. A separate plan submittal is required for the smoke detection system. Smoke detection system is required to be monitored by a central, proprietary, or remote station (as • • defined by NFPA 72), or a local alarm that will give an audible signal at a constantly attended location. 5) An approved method to neutralize spilled electrolyte shall be provided and maintained in the battery room. 6) Batteries shall be provided with safety venting caps. 7) Locations and classifications of extinguishers shall be in accordance with the CFC and NFPA 10, and the placement is subject to the approval of the fire inspector. 8) Storage, dispensing, or use of any flammable and combustible liquids, flammable and compressed gases, and other hazardous materials shall comply with CFC regulations. 9) Modifications to existing fire detection or alarm system(s) shall be approved by the CFD prior to the installation. A separate plan submittal is required. (t~" CITY OF • CARLSBAD • Memorandum August 4, 2010 To: From: Dan Halverson, Assistant Planner David Rick, Associate Engineer Via: • Re: Glen Van Peski, Senior Civil Engineer SUBJECT: MCUP 10-18 (Formerly CUP 08·f+) OMWD OPS CENTER WCF Completeness and Issues Review Land Development Engineering has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for continued review. Engineering staff does not have any comments to add to the project. Please add the following conditions to the approving resolution/letter: 1. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment 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. 2. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering landscaping, private equipment cabinets, a wall for enclosing the equipment, and a pole with mounted antennas and any related appurtenances located over an existing public right-of-way for highway and an existing road easement as shown on the site plan unless said easements are vacated prior to issuance of a building permit for said facilities. Developer shall pay processing fees per the city's latest fee schedule. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. avid Rick Associate Engineer-Land Development Engineering Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov • • • APPENDIX A STORM WATER STANDARDS QUESTIONNAIRE I INSTRUCTIONS: This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision and land use planning approvals and construction permits). The results of the questionnaire determine the level of ~torm water pollution prevention standards applied to a proposed development or redevelopment project. Many aspects of project site design are dependent upon the storm water pollution protection standards applied to a project. Applicant 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. A staff determination that the development application is subject to more stringent storm water standards, than initially assessed by the applicant, will result in the return of the development application as incomplete. If applicants are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, they are advised to seek assistance from Engineering Department Development Services 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, applicants for construction permits must also complete, sign and submit a Construction Activity Storm Water Standards Questionnaire. To address pollutants that may be generated from new development, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design, which are described in Chapter 2 of the City's Storm Water Standards Manual This questionnaire should be used to categorize new development and significant redevelopment projects as priority or non-priority, to determine what level of storm water standards are required or if the project is exempt. I 1. Is your project a significant redevelopment? Definition: Significant redevelopment is defined as the creation, addition or replacement of at least 5, 000 square feet of impervious sorface on an already existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction remodeling; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Note: If the Significant Redevelopment results in an increase of less than fifty percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in Table 3 of 2.3.3.4 applies only to the addition, and not to the entire development. 2. If your project IS considered significant redevelopment, then please skip Section 1 and proceed with Section 2. 3. If your project IS NOT considered significant redevelopment, then please proceed to Section 1. 21 SWMP Rev 6/4/08 • • • I SECTION 1 NEW DEVELOPMENT PRIORITY PROJECT TYPE YES NO Does you project meet one or more of the following criteria: 1. Homa subdivision of 100 units or more. X Includes SFD, MFD, Condominium and Apartments 2. Residential develooment of 10 units or more. '/.. Includes SFD, MFD, Condominium and Apartments 3. Commercial and industrial develogment greater than 100 000 sguare feet including Q.Brking areas. Any development on private land that is not for heavy industrial or residential uses. Example: Hospitals, X Hotel~. Recreational Facilities, Shopping Malls, etc. 4. Heavv Industrial I lndustrv greater than 1 acre (NEED SIC CODES FOR PERMIT BUSINESS TYPES) ")( SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539 5. Automotive reoair shop. X' SIC codes 5013,5014,5541,7532-7534, and 7536-7539 6. A Ne!t:i. Restaurant where the land Bt:§.a of develoQ.ment is 5 000 sguare feet or more including garking_ 'J. areas. SIC code 5812 7. Hillside deve/ooment X (1) greater than 5,000 square feet of impervious surface area and (2) development will grade on any natural slope that is 25% or areater 8. Environmentallv Sensitive Area fESAJ. )( Impervious surface of 2,500 square feet or more located within, "directly adjacenr2 to (within 200 feet), or "discharging directly to"3 receiving water within the ESA1 9. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban 'f... runoff 10. Retail {Za§.oline Outlets serving more than 100 vehicles ger da)( }( Serving more than 100 vehicles per day and greater than 5,000 square feet 11. Streets roads driveways highways and freeways. )( Project would create a new paved surface that is 5,000 square feet or greater. 12. Coa§.tal Develogment Zone. X Withi~ 200 feet of the Pacific Ocea~ and (1) creates more than 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 10%. 1 Envirol'lmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies: areas designated as Areas of Special 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 Count of San Dlego; and any other equivalent environmentally sensitive areas which have been identified by the Copennittees. 2 uoirectly adjacent" means situated within 200 feet of the environmentally sensitive area. 3 uoischarging 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. Section 1 Results: If you answered YES to ANY of the questions above you have a PRIORITY project and PRIORITY project requirements DO apply. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time of application. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3. If you answered NO to ALL of the questions above, then you are a NON-PRIORITY project and STANDARD requirements apply. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3. SWMP Rev 6/4/08 • • I SECTION :z SIGNIFICANT REDEVELOPMENT: YES NO 1. Is the project redeveloping an existing priority project type? (Priority projects 'I. are defined in Section 1) If you answered YES, please proceed to question 2. If you answered NO, then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 2. Is the project solely limited to one of the following: a. Tf'enchinQ and resurfacino associated with utility wor1<? b. Resurfacino and reconfiaurina existina surface parkina lots? c. New sidewalk construction, pedestrian ramps, or bike lane on public and/or private existina roads? d. Replacement of existina damaaed oavement? If you answered NO to ALL of the questions, then proceed to Question 3. If you answered YES to ONE OR MORE of the questions then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 3. Will the development create, replace, or add at least 5,000 square feet of impervious surfaces on an existing development or, be located within 200 )< feet of the Pacific Ocean and (1)create more than 2500 square feet of impemneable surface or (2) increases impermeable surface on property by more than 10%? If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY project requirements. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3 below. If you answered NO, you ARE NOT a significant redevelopment, and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. I SECTION 3 Questionnaire Results: D MY PROJECT MEETS PRIORITY REQUIREMENTS, MUST COMPlY WITH PRIORITY PROJECT STANDARDS AND MUST PREPARE A STORM WATER MANAGEMENT PlAN FOR SUBMITTAl AT TIME OF APPliCATION. MY PROJECT DOES NOT MEET PRIORITY REQUIREMENTS AND MUST ONlY COMPlY WITH STANDARD STORM WATER REQUIREMENTS. Applicant Information and Signature Box Th" Buxfor ("iry r !se Oriy Assessors Parcel Number(s) City Concurrence· YES NO ,__......, By i)~t(.,_ D•re s/V/to Date Proje.::t JD· t'-1 (I) p (D-18' I , SWMP Rev 6/4/08 July I, 2010 TO: FROM: RE: • Dan Halverson, Assistant Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary • Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review-Conceptual Review-41h Review NS02801 OMWD OPS Center-AT&T Mobility, CUPOS-11 Rancho Santa Fe Road PELA file: 337-NS02801 OMWD OPS Center. AT&T Mobility-Con4 Contact: Jeff Rome, JRA-Phone (949) 760-3929 All previous conceptual review comments have been satisfactorily addressed. MCUP & ~p ANNUAL REVIEW SHEET INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (OMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: AT&T OMWD OPS Center WCF CASE NUMBER(S): "-"M,C'-'=U'""-P~l-"'0-""18,_ ______________ _ APPROVING RESO NO(S). ~N~A _______________ _ PLANNER COMPLETING REVIEW: -'-'A""u~st""-in_,_,S""il'-"v""'a ___________ _ PROJECT HISTORY Does project have a code complaint history? 0 Yes ~No If yes, check those that apply and explain below. 0 Code Enforcement 0 Police 0 Fire Prevention Comments (include corrective actions taken and date compliance obtained): None. Q:\CEO\PLANNING\AOMIN\ TEMPLATES\MCUPANNUALREVIEWSHEET 02/11 • .EVIEW INFORMATION • Has the permit expired? DYes [8:1 No Permit expires: 8!'25L2020 Date of review: 8L22L2012 Name: AT&T [8:1 Applicant D Owner D Other If other, state title: *CURRENT APPLICANT INFORMATION: Name: Plancom Phone: 760-807-1850 Contact name (if different): Ted Marioncelli Address: 302 State Place Escondido CA 92029 Mailing (if different): E-mail: ted.l!lancom@sbcglobal.net (optional) *CURRENT OWNER INFORMATION: Name: Olivenhain Municil!al Water District Phone: Contact name (if different): Address: Mailing (if different): E-mail: live=com I) Does project comply with conditions of resolution(s) and approved plans? [8:1 Yes D No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Corrective action(s) to be taken: Date plann.,Ji7follow-up review and(1tirmed pr'Q:l compliance: ~ 3vua t&~ Plaru'ler Signature'D Principal Planner Signature *Applicant and owner information must be updated for annual review to be complete. Q: \C ED'-PLANNING\ADMI N\ TEM PLA TES\MCUPANNUALREVIEWSHEET 02/11 MCUP & C8P ANNUAL REVIEeSHEET INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (OMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: AT&T OMWD OPS Center WCF CASE NUMBER(S): c!!M~C~U""-P21~0-:.±:18~-------------- APPROVING RESO NO(S). "-'N"'o"""ne"------------------ PLANNER COMPLETING REVIEW: ~D-'-'A"-'N'-'H'-"'A'-'L"'"V-'-'E""R~S""O:..:.N,__ _______ _ PROJECT HISTORY Does project have a code complaint history? If yes, check those that apply and explain below. 0 Code Enforcement 0 Police 0 Yes Comments (include corrective actions taken and date compliance obtained): H/ADMIN/TEMPLATE/MCUPANNUALREVIEWSHEET IZJ No 0 Fire Prevention 03/09 ~INFORMATION Has the permit expired? 0 Yes k8J No Permit expires: 8/'25/'2020 Date ofreview: 81'221'2011 Name: George Briest D Applicant k8J Owner D Other If other, state title: *CURRENT APPLICANT INFORMATION: Name: PlanCom Inc. Phone: 760-807-1850 Contact name (if different): Ted Marioncelli Address: 302 State Place Escondido CA 92029 Mailing (if different): same E-mail: none (optional) *CURRENT OWNER INFORMATION: Name: Olivenhain Water District Phone: 760-753-6466 Contact name (if different): George Briest Address: 1966 Olivenhain Road, Encinitas, CA 92024 Mailing (if different): same E-mail: none Does project comply with conditions of resolution(s) and approved plans? ~Yes 0 No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Corrective action( s) to be taken: None ~ ·•· completed follow-up review and confirmed project compliance: r/,_ cL /..i'Q 8( du I! I cL \~~-~dL lJJann-=~ Signature Principal Planner Signature • Applicant and owner information must be updated for annual review to be complete. H/ ADMIN/TEMPLATE 03/09 Daniel Halverson From: Sent: To: Subject: • Ted Marioncelli [ted.plancom@sbcglobal.net] Thursday, August 19, 2010 1:20PM Daniel Halverson RE: MCUP 10-18 • Thanks. I have already talked to the client and explained the scenario you outlined to them; they want the single user approval so they can move forward. Let me know what you need, e.g. new zoning drawings? Ted Marioncelli Plancom, Inc. 302 State Place Escondido, CA 92029 760-807-1850 From: Daniel Halverson [mailto:Daniei.Halverson@carlsbadca.gov] Sent: Thursday, August 19, 2010 1:14PM To: Ted Marloncelli Subject: RE: MCUP 10-18 Ted, We talked about the single user on the mono-eucalyptus and it seems like that will work. I want to take this time thought to let you know that if you go with the 6 foot antennas and no collocation that is what will be approved. If you change your mind and then come back in and want to collocate and use 4 foot antennas we will have to do an amendment to the approved MCUP. So be sure that is what you want. Let me know and I will write up the approval letter. Thanks, :Oanid~JIJ/t City of Carlsbad From: Ted Marioncelli [mailto:ted.plancom@sbcglobal.net] Sent: Friday, August 13, 2010 8:28 AM To: Daniel Halverson Subject: RE: MCUP 10-18 Thanks, Dan. I w1ll wait to hear from you after your Wednesday meeting. Ted Marioncelli Plancom, Inc. 302 State Place Escondido, CA 92029 760-807-1850 From: Dani~l Halverson [mailto:Daniei.Halverson@carlsbadca.gov] Sent: Thursday, August 12, 2010 5:36PM To: Ted Marioncelli Subject: RE: MCUP 10-18 Ted, 1 . -• • That will probably work if you want to only go with AT&T antennas. I will take that idea into ourteam meeting next Wednesday. You will be getting comments soon for the building plans and the corrections can be made on them also. The notice period is up next Wednesday anyway so nothing will happen before then. I am out of the office tomorrow and Monday and Tuesday next week. Have a good weekend and I will talk to you next week. 2Janid~cm City of Carlsbad From: Ted Marioncelli [rnailto:ted.plancom@sbcglobal.net] Sent: Thursday, August 12, 2010 4:34 PM To: Daniel Halverson Subject: RE: MCUP 10-18 Dan, Our RF engineer is pressing hard for the 6 foot antennas for a variety of reasons, mainly the amount of technology that is required to be transmitted from the site. What if we eliminated the second set of antennas and went with one set of 6ft antennas for AT&T? We could get those plans to you by Tuesday next week. Let me know. Thanks. Ted Marioncelli Plancom, Inc. 302 State Place Escondido, CA 92029 760-807-1850 From: Daniel Halverson [mailto:Daniei.Halverson@carlsbadca.gov] Sent: Thursday, August 12, 2010 10:48 AM To: Ted Marioncelli Subject: MCUP 10-18 Hi Ted, 1 was looking at the building plans and just noticed that the proposed antennas are 6' long? I went back and looked at your proposed MCUP, which is not approved yet, and saw that you included 6' long antennas. Most WCF antennas are 4' long today and this has now become a concern with management. If we had only one set on the tree at 6' long then that would be it but this tree is going to be co-locatable which means now we could have 12 feet (instead of 8 feet) of antennas on three faces of the tree. That is a 1/3 increase in size on this tre~. So this brings me to the point: do you need the 6 foot antennas, compared to the 4 foot variety, and why? Sorry for the late hit, we all thought this were standard 4 foot antennas from the drawings. let me know, thanks. ~ ~ ·! ~(Iii CARLSBAD Dan Halverson Assistant Planner 1635 Faraday Avenue Carlsbad, CA 92008 www .carlsbadca.gov P: 760-602-4631 F: 760-602-8S59 Oa niel. Halverson @ca rlsbadca .gov 2 d~~ CITY OF VcARLSBAD • • f"\ ) ~--I ' :-• ' ....-) r / !,_.. ·-I Planning Division www.carlsbadca.gov August 5, 2010 Ted Marioncelli c/o Plancom Inc. 302 State Place Escondido, CA 92029 SUBJECT: 1ST REVIEW FOR MCUP 10-18 -AT&T OMWD OPS CENTER WCF Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Minor Conditional Use Permit, application no. MCUP 10-18, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. If you have any questions or comments regarding this notice please contact your staff planner, Dan Halverson, at 760-602-4631. C!P: ~u CHRIS DeCERBO Principal Planner CD:DH:bd c: Olivenhain Municipal Water District, C/0 George Breist, 1 g55 Olivenhain Road, Carlsbad, CA 92009 Don Neu, City Planner David Rick, Project Engineer Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ~ --~~~CITY OF ¥CARLSBAD • • Planning Division July 12, 2010 Ted Marioncelli Plancom, Inc. 302 State Place Escondido, CA 92029 SUBJECT: 4TH REVIEW FOR CUP 08-11-OMWD OPS CENTER WCF Dear Mr. Marioncelli, www.carlsbadca.gov Your project was deemed complete on May 11, 2010. There are issues of concern with the project that remain to be resolved. The issues are listed on the attached page(s). All issues will need to be resolved prior to scheduling the project for a public hearing. Please contact me at (760) 602-4631, if you have any questions or wish to set up a meeting to discuss the application. o:UL- DANIEL HALVERSON Assistant Planner DH:bd c: Olivenhain Municipal WD, 1966 Olivenhain Rd , Carlsbad, CA 92009 Chris DeCerbo, Team Leader David Rick, Project Engineer File Copy Data Entry ( .::,~ ~ k,. .. .J.,.,.,_L Yf '"""""· ( (o I A "" k-.~ ~,o.L. "> ~ Lu~ \ /:1 b.. ~ I 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 , CUP 08-11-OMWD OPS .TER WCF July 8, 2010 • Pa e 2 ISSUES OF CONCERN Planning: 1. The Planning Department has no further issues or concerns with the proposed WCF mono-eucalyptus tree. Because the proposed WCF is located in a preferred non- residential location and has been redesigned to be stealth in appearance, it is eligible to be processed as a Minor Conditional Use Permit (which can be administratively approved by the Planning Director) rather than a regular CUP that requires approval of the Planning Commission. The original CUP application would have to be withdrawn and a new Minor CUP application can then be applied for. Staff has the new application material (submitted with the new Mono-Eucalyptus) and all other paper work necessary. The applicant would need 4 sets of plans and a check for the Minor CUP. The applicant needs to submit an official withdrawal letter and ask for a rebate of any funds not used in the original CUP. Engineering: Land Development Engineering has completed its review of the above referenced project for compliance with the previously determined issues. The project still has issues that must be addressed. The following is a list of these issues: 1. Since a portion of the proposed equipment enclose is now proposed over a 2:1 ratio slope, fill grading and a retaining wall will be needed. Please revise the grading note on sheet AO to reflect proposed grading quantities. Also, on all applicable plans, show the proposed retaining wall needed to support the fill over the slope. If you, or the applicant, have any Engineering questions regarding the above, please call David Rick at extension 760-602-2781. ~· (J~f'~ C I T Y 0 F • • FILE COPY ¥CARLSBAD Planning Department www.carlsbadca.gov August 30, 2010 Plancom, Inc. Attn: Ted Marioncelli 302 State Place Escondido, CA 92029 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 10-18 AT&T OMWD OPS CENTER WCF-Request for approval of a Minor Conditional Use Permit (MCUP 10-18) to allow the installation, operation, and maintenance of a Wireless Communication Facility (WCF) for AT&T consisting of twelve (12) panel antennas located in a 45 foot tall faux mono-eucalyptus tree and an equipment enclosure constructed of tan colored masonry walls and fully screened with landscaping. The project site is located at the Olivenhain Municipal Water District (OMWD), at 1966 Olivenhain Road, in the Office (0) Zone and Local Facilities Management Zone 6. Dear Mr. Marioncelli, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 10-18 for the installation, operation, and maintenance of a WCF for AT&T located in a 45 foot tall faux mono-eucalyptus tree consisting of twelve (12) panel antennas along with an associated equipment enclosure constructed of tan colored masonry walls and fully screened with landscaping at the base of the tree at the OMWD property located at 1966 Olivenhain Road. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on August 18, 2010). After careful consideration of the circumstances surrounding this request and the applications consistency with City Council Policy No. 64, the Planning Director has determined that the findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that (a) the use is necessary and desirable for the development of the community because of the benefit and demand for digital communications and data transmissions for businesses, individuals, public agencies and emergency service systems in this part of the City; (b) the proposed use is consistent with the General Plan in that the Government Facilities (G) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses, and (c) the proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (Office Zone) and a faux mono-eucalyptus tree exhibits stealth design that will blend in with other trees on site. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. ® • • AT&T OMWD OPS CENTER WCF August 30, 2010 Page 2 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed WCF is located within a preferred location (Office Zone) as listed in Location Guideline A.1.c. of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and are completely hidden within the proposed faux Eucalyptus tree and new screened equipment enclosure and the WCF use is not precluded by the project site's Governmental Facilities (G) land use designation. Furthermore, the proposed WCF will result in only minimal additional building coverage, only minor alterations to the existing site design are required to accommodate a new ground mounted equipment enclosure which is constructed of tan colored masonry walls and fully screened by proposed landscaping, and the proposed antennas will be mounted on a faux mono· eucalyptus tree that will blend in with the new and existing trees and landscaping on the site. The project has been conditioned to comply with FCC RF Exposure Guidelines. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the Planning Director in order to integrate the use with other uses in the neighborhood in that the proposed faux Eucalyptus tree WCF and equipment enclosure comply with all development standards of the Office Zone and the 1 foot by 6 foot panel antennas are located within and painted to match the color of a faux Eucalyptus tree thereby exhibiting a stealth design and the equipment enclosure will be constructed with tan colored masonry walls and will be adequately screened from view with landscaping. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the WCF use generates very little traffic, requiring only routine monthly maintenance visits and occasional visits in response to operational problems. In addition, the existing street system is adequate to properly handle any traffic generated by the use. 5. That the proposed wireless communication facility is consistent with City Council Policy No. 64, in that the WCF is located within a preferred location (Office Zone) as listed In Location Guideline A.1.c. of City Council Policy Statement No. 64, exhibits stealth design, and only minor alterations to the site are proposed to accommodate the use. The proposed equipment cabinets are located entirely within an equipment enclosure constructed of tan colored masonry walls and screened by landscaping to reduce its visibility from public view. The twelve (12) panel antennas are small in scale (1' by 6'), mounted to a 45 foot tall faux Eucalyptus tree, and will blend in with the existing and proposed landscaping. The panel antennas will also be painted to match the color of the proposed faux Eucalyptus tree, thereby minimizing their visibility. 6. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary lor Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 -(construction and installation of small new equipment facilities or structures) -of the state CEQA Guidelines. Additionally, as AT&T must comply with FCC regulations, radio frequency emissions from the proposed facility are below levels established as acceptable by the FCC, and are therefore not considered a health hazard. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. ·' • • AT&T OMWD OPS CENTER WCF August 30, 2010 Page 3 7. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. Approval is granted for MCUP 10-18 ·AT&T OMWD OPS CENTER WCF TREE as shown on Exhibits "A-M" dated August 26, 2010 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to MCUP 10-18 · AT&T OMWD OPS CENTER WCF documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 10-18 shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the minor conditional use permit was obtained by • • AT&T OMWD OPS CENTER WCF August 30, 2010 Page4 fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the Planning Director may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. This Conditional Use Permit is granted for a period of ten (10) years from August 26, 2010 through August 25, 2020. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 9. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months after the issuance of occupancy, and with any time extension or amendment request, the Developer/Operator shall submit to the Planning Director either (1) verification that the project is categorically excluded from having to determine compliance with the RF exposure guidelines per 47 CFR §1.1307(b)(1); or (2) a project implementation report which provides cumulative field measurements of RF emissions of all antennas installed at the subject site. The report shall quantify the RF emissions and compare the results with the exposure limits established by the FCC guidelines. Said report shall be subject to review and approval by the Planning Director for consistency with the Project's preliminary report on RF exposure submitted with the initial project application and for consistency with the FCC guidelines. If on review, the City finds that the Project does not meet the FCC guidelines, the City may revoke or modify this Minor Conditional Use Permit. 10. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 11. Prior to the issuance of a Building Permit, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies • • AT&T OMWD OPS CENTER WCF August 30, 2010 Page 5 or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. The proposed panel antennas shall be painted to match the color of the proposed faux Eucalyptus tree to the satisfaction of the Planning Director. 16. Developer shall maintain in good standing a license agreement (fully executed) with the City for use of and access to the project site. 17. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Engineering: 18. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment 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. 19. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering landscaping, private equipment cabinets, a wall for enclosing the equipment, and a pole with mounted antennas and any related appurtenances located over an existing public right-of-way for highway and an existing road easement as shown on the site plan unless said easements are vacated prior to issuance of a building permit for said facilities. Developer shall pay processing fees per the city's latest fee schedule. Code Reminders: 20. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 21. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by • • AT&T OMWD OPS CENTER WCF August 30, 2010 Page 6 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 22. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES II APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Dan Halverson at (760) 602-4631. Sincerely, m~ CHRIS OeCERBO Principal Planner CD:DH:sm c: Olivenhain Municipal Water District, Attn: George Breist, 1966 Olivenhain Road, Carlsbad, CA 92009 Don Neu, Planning Director David Rick, Project Engineer Principal Planner File Copy Data Entry