The URL can be used to link to this page

Home My WebLink AboutMCUP 11-03; AT&T Westbluff LTE; Conditional Use Permit (CUP) (2)4 <~~~- ~ Ci'fY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services P!anning Division 1635 Faraday Avenue {760) 6024610 www .carlsbadca.gov APPUCAnoNS APPUED FOR: (CHECK BOXES. Development Permits 0 AdministratiVe Permit 0 Coastal Development Pennit (•) 0 Minor 0 Conditional Use Permit(*) J2{Minor 0 Extension 0 Environmental Impact Auessment 0 Habitat Management Permit 0 Minor 0 Hilt$1de Development Pennlt (") 0 Planned Development Permit 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Spec:lal Use Permit 0 Tentative Trac:t Map 0 Varianc:e 0 Administrative (FOR OEPT. USE ONLY) Ltgjllftlyt Permit§ 0 General Pran Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan 0 Amendment 0 Spaclflc: Plan 0 Ameodment 0 Zone Change( .. ) 0 Zone Code Amendment List otfltr apolicatlons not §DfClfjf#l 0 0 0 (") ::: englbre for 25% discount (FOR DEPT. USE ONlY) 1-------t N01Tf: A PROPOSED PROJECT REQUIRING MULllPUi APPIJCA'IlO..s MOST BE SU8MITT£D PRIOR TO 3!30 P.M. A PROPOSED PROJECT REQUIRING ONl.Y ONE APPUCAllON MUST BE SUBMITTED PRIOR 1'0 4:00 P Jli. \ BRIEF lEGAL DESCRIPTION: ~ QC<S\rtt dee.c1 LOCATION OF PROJECT: ON THE: BETWEEN P-1 {NORTH, SOUTH, EASr, WEST) ('1. . . ('")d '-·.-·"'\ 'ShL \< ~ME OF STREET) ~ STREET ~OORESS, ,-, \ sloEoF S· '5\ Co.m\Y\O keal (NAME OF STREET) AND · \·r};e Lare (NAME OF STREET} Page 1 of 5 Revised 07!10 - l CERTIFY THAT I AM THE LEGAl O'JII'NER AND THAT All THE ABOVE INFORMATI()~--TRUE AND COAAECi TO THE BEST OF MY KNO .. Wl·. EOO .. ~ I~ I I ac::::-.... , ·~-/ APPliCANTS REPRESENTATIVE (Print}: MAILING ADDRESS: '2. -~ ~~~~~~~~._~~--~~~~~~--------------------------CITY, STATE. ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLI T AND THAT All THE ABOVE: INFORMATlON IS TRUE AND ( :Jj c . TO THE_ BEST OF IK'( KNOWLEDGE. 3 L I ' . 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. INt/E CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE . OF RESTRICTION: PROPERTY· OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED 0~ TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND A~ Bf_~ SUCCESSORS IN INTEREST . .. ~;;~~rg:~fj§iAA.ruRw.< · FOR CITY USE ONLY P-1 Page2of5 MAR 1 1 2011 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED Revised 07!10 d ~ ~at&t January 7, 2011 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 LETTER OF AUTHORIZATION Re: Letter of Authorization to pursue antenna modification of existing communications facility at 6986 El Camino Real, Carlsbad, CA. I, owner/agent of the below-described property, do hereby appoint Cingular Wireless (CW) my agent for the purpose of consummating any application necessary to insure their ability to modify the existing antenna size on my property for which CW currently has negotiated a lease for an existing communications facility. I understand that this application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Address: Assessor's Parcel Number: NS-337.01 6986 El Camino Real Carlsbad, California 92009 215-052-75 By: Title: Date: l-lo-1) PLAN cow! Telecommunications Project Management March 2, 2011 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Re: Existing AT&T Facility-Westbluff Plaza CUP 5-1 0/SUP 05-06 Sent Via Hand Delivery We are submitting the attached application and supporting documentation to continue operation and to modify an existing wireless communication facility located at 6994 El Camino Real. A permit was approved for this property to allow antennas inside rooftop dormers with the equipment located inside the building. In addition to extending the permit to continue operation of the existing facility, as part of their LTE upgrade, AT&T is proposing to replace the six (6) existing antennas with six (6) new antennas. The antennas will continue to be located inside dormers and will not be visible from the exterior of the building. Additionally, L TE equipment upgrades will occur inside the existing interior equipment space. None of the proposed changes will change the appearance of the existing facility. The property is zoned C-1-0 and is currently used for office commercial uses. V erizon also exists at this location. We appreciate your assistance with this project. If you have any questions or need additional information, please contact me directly at (619) 208-4685. Enclosures 302 State Place Escondido, CA 92029 Sincerely, Shelly Kilbourn RECEIVED MAR 1 1 2011 CITY OF CARLSBAD PLANNING DEPT 760-715-8703 mobile 760-735-4913 fax .. _(D __ C __ i_t ____ 'f,_ __ o __ fl•~u~~c!,!'~"~·am .. m.~l~-o!,a¥~.~,~-Pma~•m.?~*~'~ra• DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part A~\ Ll.J\ re \:::sS Title ___________ _ Address. __________ _ Title _____ ----==.....,...---=----- Address5138 Thci£G G::aJex-'8vd OWNER (Not the owner's agent) ~('\ 'D~\ CA-q 212/ Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Title. ___________ _ Address _________ _ Corp/Part A\<pXCL Y~~ LLC Title ____________ _ Address\\D20 Th'Y17CD -lli \ \"::> DlYe 8 Csip(\ > CA Ct:2020 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. _________ _ Title ___________ _ Title. _____________ _ Address _________ _ Address ____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes &o lfyes, pleaseindicateperson(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant H:ADMIN\COUNTERIDISCLOSURE STATEMENT 5/98 Page 2 of2 • ~at&t Photo Study 3/4/2011 PHOTO STUDY PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY NS0021 Westbluff Plaza 6994 El Camino Real Carlsbad, CA 92009 Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 Prepared by: PlanCom, Inc. Contractor Representatives for AT&T 302 State Place Escondido, CA 92029 Contact: Krystal Patterson, Planning Consultant (760) 715-8703 March 4, 2011 Page 1 r Photo Study 3/4/2011 Looking at north elevation Looking at south elevation Page 2 Photo Study 3/4/2011 Looking at east elevation Looking at west elevation Page 3 > Photo Study 3/4/2011 Looking north from site Looking south from site Page4 Photo Study 3/4/2011 Looking east from site Looking west from site Page 5 at&t Photo Study 3/4/20 II • Aerial photo of site Page 6 Coverage Levels: • Excellent variable No Coverage • NS0021 West Bluff L TE 6994-o El Camino Real Carlsbad, CA 92009 Radio Frequency -Electromagnetic Energy (RF-EM E) Compliance Report Prepared for: AT&T Mobility, LLC do Black & Veatch Corporation 9820 Willow Creek Road Suite 310 San Diego,CA 92131 Site Type: Rooftop ........ BI CONSULTING Creating Value for Your Business Caspr # 360 I 003036 USID# 50934 Site No. NS0021 West Bluff 6986-96 El Camino Real Carlsbad, California 92009 San Diego County 33.1 03894; -I 17.266123 NAD83 EBI Project No. 621 0 I 308 January 25, 20 I I • RF-EME Compliance Report EBI Project No. 621 0 1308 • USID No. 50934 Site No. NS0021 6986-96 El Camino Real, Carlsbad, California TABLE OF CONTENTS EXECUTIVE SUMMARY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• I 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/COMPLIANCE PLAN •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 7 6.0 SUMMARY AND CONCLUSIONS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 7.0 LIMITATIONS •••••••••••••••••·························································••••••••••··························••••••••••• 8 Appendix A Appendix B Appendix C Appendix D Appendix E IlEBl Personnel Certifications Antenna Inventory RoofView® Export File RoofView® Graphic Compliance/Signage Plan APPENDICES 21 B Street + Burlington, MA 0 1803 + 1.800.786.2346 • RF-EME Compliance Report EBI Project No. 621 0 1308 EXECUTIVE SUMMARY Purpose of Report • USID No. 50934 Site No. NS0021 6986-96 El Camino Real, Carlsbad, California 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 NS0021 located at 6986-96 El Camino Real 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. Per AT&T's corporate policy, the FCC's general population limits are applicable to all rooftop sites, regardless of the level of access control. As presented in the sections below, based on worst-case predictive modeling, there are no modeled areas on any accessible rooftop or 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 3 I, 2009, requires that: I. 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: IlEBI 21 B Street • Burlington, MA 0 1803 • 1.800.786.2346 • RF-EME Compliance Report EBI Project No. 621 0 I 308 • Green INFO I sign posted at roof access . • USID No. 50934 Site No. NS0021 6986-96 El Camino Real, 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. 621 0 1308 USID No. 50934 Site No. NS0021 6986-96 El Camino Real, Carlsbad, California 1.0 SITE DESCRIPTION This project involves the proposed installation of up to twelve (I 2) wireless telecommunication antennas on a rooftop 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 twevle ( 12) antennas to be installed on the site. In each sector, there is assumed to be one antenna transmitting in two bands of UMTS 850, and two bands of UMTS 1900 frequencies. Two antennas will be transmitting in the L TE 700 frequency. The remaining antenna is assumed to be transmitting in the GSM 850 and GSM 1900 frequencies. The Sector A antennas will be oriented 0° from true north. The Sector B antennas will be oriented 120° from true north. The Sector C antennas will be oriented 220° from true north. The bottoms of the Sector A antennas will be 12.13 feet above roof level. The bottoms of the Sector B antennas will be 18.38 feet above roof level. The bottoms of the Sector C antennas will be 23.71 feet above roof level. Appendix B presents an antenna inventory for the site. Access to this site is unknown as such, the general public is able to access the rooftop. 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 I and Figure I (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. 621 0 1308 USID No. 50934 Site No. NS0021 6986-96 El Camino Real, 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 I 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/cm2 and an uncontrolled MPE of 0.57 mW/cm2. These limits are considered protective of these populations. Table I: Limits for Maximum Permissible Exposure (MPE) (A) Limits for Occupational/Controlled Exposure Frequency ftal'lse~ Electric Field Magnetic Fidd Power Density (S) (HH.z) Strength (E) Strength (H) (mW/cm'"} (V/m) (Aim) 0.3-3.0 614 1.63 ( 100)* 3.0-30 1842/f 4.89/f (900/f')* 30-300 61.4 0.163 1.0 300-1,500 ----f/300 I ,500-1 00,000 ----5 (B) Limits for: General Public/Uncontrolled Exposure Frequency~ge Electric Field Magnetic Field Power Density (S) (MH.:r;) Strength (E) Strength (H) (mW/cm'"} (V/m) (Aim) 0.3-1.34 614 1.63 ( 100)* 1.34-30 824/f 2.19/f ( 180/f')* 30-300 27.5 0.073 0.2 300-1,500 ----f/1,500 I ,500-1 00,000 ----1.0 f-Frequency 1n (MHz) * Plane-wave equivalent power density Figure 1. FCC Limits for Maximum Permissible Exposure (MPE) Plane-wave Equivalent Power Density 1.000,--------,------,-----,-----,-----,------,--,,----------,----,---, J-OccupatJonaUControlled Exposure ,i t.~ ~-~ -~~'3!!-~~-~~~!i~f!!~.~~~~~~ E~~.o~~j / / / /--- - -- - - - -~ c.. 0.2 0. J '-----;f,----!-+---+,-----;*r;---+:;-';;-;;;;-----,;;;±;;;---7-:;;:;;;-', 0.03 0.3 1 3 30 300 13,000 30.000 1300.000 1.34 1.500 /00,000 Frequency (MHZ) Averaging Time [E]1, [H]1, or S (minutes) 6 6 6 6 6 Averaging Time [E]1, [H]1, 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. 621 0 1308 USID No. 50934 Site No. NS0021 6986-96 El Camino Real, 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/cm1 0.57 mW/cm2 Most Restrictive Freq, Range 30-300 MHz I.OOmW/cm' 0.20 mW/cm1 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: I) 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 3 I, 2009, requires that: I. 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 RoofView® software to estimate the worst-case power density at the site rooftop and ground-level and nearby roof-tops resulting from operation of the antennas. RoofView® 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. 621 0 1308 • USID No. 50934 Site No. NS0021 6986-96 El Camino Real, Carlsbad, California The assumptions used in the modeling are based upon information provided by AT&T, and information gathered from other sources. An unknown carrier also has antennas on the rooftop. Information about these antennas was included in the modeling analysis. Per AT&T's corporate policy, the FCC's general population limits are applicable to all rooftop sites, regardless of the level of access control. Based on worst-case predictive modeling, there are no modeled areas on any accessible rooftop or 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 30.60 percent of the FCC's general public limit (6.12 percent of the FCC's occupational limit). The composite exposure level from all carriers on this site is approximately 30.60 percent of the FCC's general public limit (6.12 percent of the FCC's occupational limit) at the nearest walking/working surface to each antenna. The composite exposure level from all carriers on this site is approximately 30.60 percent of the FCC's general public limit (6.12 percent of the FCC's occupational limit) at ground level. There are no modeled areas on the rooftop and ground 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 RoofView® export file presented in Appendix C. A graphical representation of the RoofView® modeling results is presented in Appendix D. It should be noted that RoofView 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. IlEBI 21 B Street • Burlington, MA 01803 • 1.800.786.2346 6 • • RF-EME Compliance Report EBI Project No. 621 0 1308 USID No. 50934 Site No. NS0021 6986-96 El Camino Real, 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 Alerting Signs INFO I NOTICE :..=-==---==~-== ::-...:!-:·.::t:· .. --. E.·=:::~-~~ INFO 2 CAUTION I ~at&t INFO 3 WARNING INF04 Based upon protocols presented in AT&T's RF Exposure Policy guidance document, dated March 31, 2009, and additional guidance provided by AT&T, the following signage is recommended on the site: BI 21 B Street • Burlington, MA 01803 + 1.800.786.2346 7 • RF-EME Compliance Report EBI Project No. 621 0 1308 Recommended Signage: • Green INFO I sign posted at roof access. • USID No. 50934 Site No. N$0021 6986-96 El Camino Real, Carlsbad, California 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 6986-96 El Camino Real 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 rooftop or ground-level walking/working surface related to proposed equipment in the area that exceed the FCC's occupational or 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. 6210 1308 IlEBI Appendix A Certifications • USID No. 50934 Site No. NS0021 6986-96 El Camino Real, Carlsbad, California 21 8 Street • Burlington, MA 0 1803 • 1.800.786.2346 • RF-EME Compliance Report EBI Project No. 621 0 1308 Preparer Certification I, Stephanie Penta, state that: • USID No. 50934 Site No. NS0021 6986-96 El Camino Real, 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. IlEBI 21 B Street • Burlington, MA 0 1803 • 1.800.786.2346 • RF-EME Compliance Report EBI Project No. 6210 1308 Appendix B • USID No. 50934 Site No. NS0021 6986-96 El Camino Real, Carlsbad, California Antenna Inventory IlEBl 21 B Street • Burlington, MA 0 1803 • I .800.786.2346 RF-EME Compliance Report EBI Project No. 621 0 1308 Antenna Number Operator AlTAI AT&T ATTA2 AT&T ATT A2 AT&T ATT A3 AT&T ATT A3 AT&T ATT A3 AT&T ATT A3 AT&T ATTA4 AT&T ATTBI AT&T ATT B2 AT&T ATTB2 AT&T ATT B3 AT&T ATT B3 AT&T ATT B3 AT&T Antenna Type Panel Panel Panel Panel Panel Panel Panel Panel Panel Panel Panel Panel Panel Panel TX Freq ERP Gain (MHz) (Watts) (dBd) Model LTE 700 2SO 13.1S Kathrein 800-1076SK GSM 8SO soo 13.6S Kathrein 800-1076SK GSM 1900 soo 16.3S Kathrein 800-1076SK UMTS 2SO 13.6S Kathrein 8SO 800-1076SK UMTS 2SO 13.6S Kathrein 8SO 800-1076SK UMTS 2SO 16.3S Kathrein 1900 800-1076SK UMTS 2SO 16.3S Kathrein 1900 800-1076SK LTE 700 2SO 13.1S Kathrein 800-1076SK LTE 700 2SO 13.1S Kathrein 800-1076SK GSM 8SO soo 13.6S Kathrein 800-1076SK GSM 1900 soo 16.3S Kathrein 800-1076SK UMTS 2SO 13.6S Kathrein 8SO 800-1076SK UMTS 2SO 13.6S Kathrein 8SO 800-1076SK UMTS 2SO 16.3S Kathrein 1900 800-1076SK aiEBI 21 B Street • Burlington, MA 0 1803 • 1.800. 786.2346 Azimuth (deg.) 0 0 0 0 0 0 0 0 0 120 120 120 120 120 USID No. 50934 Site No. NS0021 6986-96 El Camino Real, Carlsbad, California Horizontal Length Beam width (ft) (Deg.) X y z 6.29 68 33 ISO 12.13 6.29 6S 2S ISO 12.13 6.29 62 2S ISO 12.13 6.29 6S 19 ISO 12.13 6.29 6S 19 ISO 12.13 6.29 62 19 ISO 12.13 6.29 62 19 ISO 12.13 6.29 68 13 ISO 12.13 6.29 68 32 19 18.38 6.29 6S 32 2S 18.38 6.29 62 32 2S 18.38 6.29 6S 32 31 18.38 6.29 6S 32 31 18.38 6.29 62 32 31 18.38 • RF-EME Compliance Report EBI Project No. 621 0 1308 Antenna Number Operator ATT B3 AT&T ATTB4 AT&T ATTCI AT&T ATTC2 AT&T ATTC2 AT&T ATTC3 AT&T ATTC3 AT&T ATTC3 AT&T ATTC3 AT&T ATTC4 AT&T UNKI Unknown UNK2 Unknown UNK 3 Unknown Antenna Type Panel Panel Panel Panel Panel Panel Panel Panel Panel Panel Panel Panel Panel TX Freq ERP (MHz) (Watts) UMTS 250 1900 LTE 700 250 LTE 700 250 GSM 850 500 GSM 1900 500 UMTS 250 850 UMTS 250 850 UMTS 250 1900 UMTS 250 1900 LTE 700 250 850 160 850 160 850 160 Gain Azimuth (dBd) Model (deg.) 16.35 Kathrein 120 800-10765K 13.15 Kathrein 120 800-10765K 13.15 Kathrein 220 800-10765K 13.65 Kathrein 220 800-10765K 16.35 Kathrein 220 800-10765K 13.65 Kathrein 220 800-10765K 13.65 Kathrein 220 800-10765K 16.35 Kathrein 220 800-10765K 16.35 Kathrein 220 800-10765K 13.15 Kathrein 220 800-10765K 12 Unknown 120 12 Unknown 120 12 Unknown 120 USID No. 50934 Site No. NS0021 6986-96 El Camino Real, Carlsbad, California Horizontal Length Beam width (ft) (Deg.) X y z 6.29 62 32 31 18.38 6.29 68 32 37 18.38 6.29 68 19 120 23.71 6.29 65 25 120 23.71 6.29 62 25 120 23.71 6.29 65 31 120 23.71 6.29 65 31 120 23.71 6.29 62 31 120 23.71 6.29 62 31 120 23.71 6.29 68 37 120 23.71 3.5 63 32 13 24.67 3.5 63 32 25 24.67 3.5 63 32 33 24.67 I. Note that EBI uses an assumed set of antenna specifications and powers for unknown and other carrier antennas for modeling purposes. 2. Note: Rows highlighted in gray denote future antennas for further expansion of the site. IlEBI 21 B Street • Burlington, MA 0 1803 • 1.800. 786.2346 • • • RF-EME Compliance Report EBI Project No. 621 0 I 308 • USID No. 50934 Site No. NS0021 6986-96 El Camino Real, Carlsbad, California Appendix C Roofview® Export File IlEBI 21 B Street + Burlington, MA 01803 + 1.800.786.2346 Map, Settings, Antenna, and Symbol Data Table .. Exported from workbook·> Roof View RFTemplate_ATI Done on 1/25/2011 at 11:32:19 AM. Use this format to prepare other data sets for the Rootview workbook file. may use as many rows in this TOP header as you wish. critical point are the cells in COLUMN ONE that read 'Start ... ' (eg. StartMapOefinition) these (4) headers are required to be spelled exactly, as one word (eg. StartMapDefinition) next row will be considered the start of that data block. row of the data block can be a header (as shown below), but this is optional. building a text file for import, Add the Map info first, then the Antenna data, followed by the symbol data. above the first marker line 'Start ... ' will be ignored, no matter how many there are. can place as much text here as you wish as long as you don't place it below Start Map Definition row below the blue line. may insert more rows using the Insert menu. Should you need additional lines to document your project, simply insert additional rows by highlighting the row number adjacent to the blue line below and then clicking on the Insert menu i Roof MaK 'I' Roof Max ) Map Max 'I' Map Max )I Y Offset X Offset Number of envelope 120 100 180 120 20 20 1 $AE$81:$D$AE$81:$DZ$200 sData Standard Method Uptime Scale Facto low Thr low Color Mid Thr Mid Color Hi Thr Hi Color Over Color Ap Ht MultAp Ht Method 4 2 100 1 500 5000 2 3 1.5 1 ID ATIA1 Name LTE ATI A2 GSM ATI A2 GSM ATI A3 UMTS ATI A3 UMT5 ATI A3 UMTS ATI A3 UMTS ATI A4 LTE ATIB1 LTE ATIB2 G5M ATI82 G5M ATI83 UMTS ATI83 UMT5 ATIB3 UMT5 ATIB3 UMTS ATI B4 LTE ATI C1 LTE ATIC2 G5M ATIC2 G5M ATIC3 UMT5 AITC3 UMTS ATIC3 UMT5 ATIC3 UMT5 ATIC4 LTE UNK 1 Unknown UNK 2 Unknown UNK 3 Unknown I Data It is advisable to provide an 10 (ant 1) for all antennas (MHz) Trans Trans Coax Coax Freq Power Count len Type 700 19.85107 850 8.846141 1900 4 750659 850 17.69228 850 17.69228 1900 9.501318 1900 9.501318 700 19.85107 700 19.85107 850 8.846141 1900 4.750659 850 17.69228 850 17.69228 1900 9.501318 1900 9.501318 700 19.85107 700 19.85107 850 8.846141 1900 4.750659 850 17.69228 850 17.69228 1900 9.501318 1900 9.501318 700 19.85107 850 33 850 33 850 33 Other loss Input Power Sym Map Mark£ Roof X Roof Y Map label Description (notes for this table only) Sym 5 35 AC Unit Sample symbols Sym 14 5 Roof Access Sym 45 5 AC Unit 5ym 45 20 ladder Calc (It) Power Mfg Model X 19.85107 Kathrein 800-10765 35.38456 Kathrein 800-10765 19.00264 Kathrein 800-10765 17.69228 Kathrein 800-10765 17.69228 Kathrein 800-10765 9.501318 Kathrein 800-10765 9.501318 Kathrein 800-10765 19.85107 Kathrein 800-10765 19.85107 Kathrein 800-10765 35.38456 Kathrein 800-10765 19.00264 Kathrein 800-10765 17.69228 Kathrein 800-10765 17.69228 Kathrein 800-10765 9.501318 Kathrein 800-10765 9.501318 Kathrein 800-10765 19.85107 Kathrein 800-10765 19.85107 Kathrein 800-10765 35.38456 Kathrein 800-10765 19.00264 Kathrein 800-10765 17.69228 Kathrein 800-10765 17.69228 Kathrein 800-10765 9.501318 Kathrein 800-10765 9.501318 Kathrein 800-10765 19.85107 Kathrein 800-10765 16.53918 Unknown Unknown 16.53918 Unknown Unknown 16.53918 Unknown Unknown 33 25 25 19 19 19 19 13 32 32 32 32 32 32 32 32 19 25 25 31 31 31 31 37 32 32 32 (It) (ft) 150 12.13 150 150 150 150 150 150 150 19 25 25 31 31 31 31 37 120 120 120 120 120 120 120 120 13 25 33 12.13 12.13 12.13 12.13 12.13 12.13 12.13 18.38 18.38 18.38 18.38 18.38 18.38 18.38 18.38 23.71 23.71 23.71 23.71 23.71 23.71 23.71 23.71 24.67 24.67 24.67 Type (It) dBd BWdth Aper Gain Pt Dir 6. 29 13.15 68;0 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 6.29 3.5 3.5 3.5 13.65 65;0 16.35 62;0 13.65 65;0 13.65 65;0 16.35 62;0 16.35 62;0 13.15 68;0 13.15 68;120 13.65 65;120 16.35 62;120 13.65 65;120 13.65 65;120 16.35 62;120 16.35 62;120 13.15 68;120 13.15 68;220 13.65 65;220 16.35 62;220 13.65 65;220 13.65 65;220 16.35 62;220 16.35 62;220 13.15 68;220 12 63;120 12 63;120 12 63;120 Uptime Profile ON flag ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• ON• list Of Areas $AE$81:$DZ$200 • • RF-EME Compliance Report EBI Project No. 621 0 1308 • USID No. 50934 Site No. N$0021 6986-96 El Camino Real, Carlsbad, California Appendix D Roofview ®Graphics IlEBI 21 B Street • Burlington, MA 0 1803 • 1.800.786.2346 % of FCC Public Exposure Limit Exposure Level::!: 5,000 D 500 <Exposure LevelS II 100 < Exposure Level S 500 Exposure Level S 100 AT&T Artemas other Cam er Artemas 0 ' 40' 80' PN- 16 0 ' Roofview: Composite Exposure Levels Facility Operator: AT&T Mobility Site Name: West Bluff AT&T Site Number: NS0021 USID Number: 50934 Report Date: 01-25-11 • • % of FCC Public Exposure Limit II Exposure Level >5 II Exposure Level~ 5 AT&T Artanas other Carrier Artanas 0' 40' 80' 160' Roofview: AT&T Exposure Levels Facility Operator: AT&T Mobility Site Name: West Bluff AT&T Site Number: NS0021 USID Number: 50934 Report Date: 0 1-25-11 • • .. • RF-EME Compliance Report EBI Project No. 621 0 I 308 • USID No. 50934 Site No. NS0021 6986-96 El Camino Real, Carlsbad, California Appendix E Compliance/Signage Plan IlEBI 21 B Street • Burlington, MA 01803 • 1.800.786.2346 AT.&T Artemas 011-ler cam €!' Artemas Sector A access points Slgn ldentlficatton Legend DenotM AT&T lolorm.JtJOn>l ~go 2 Denot•• AT&T lnlonrulfOO>I ~go l Denot•• AT&T lnformnoon.l S.go 4 Donoto1 AT& T NOT ICE SiJ!l D~HI'S AT&T CA.UlilON ~~n Denote• AT&TWARINING S~g~> 0 ' 40' 80' 160' Compliance/Signage Plan Facility Operator: AT&T Mobility Site Name: West Bluff AT&T Site Number: NS0021 USID Number: 50934 Report Date: 0 1-25-1 I • • , • IS ~rsTitle· Black & Veatch Adeline Connolly 9820 Willow Creek Road #310 San Diego, CA 92131 Your Reference No: NS0021 • Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 Our File No: 12457479-10 Title Officer: Chris Maziar e-mail: unitlO@Itic.com Phone: (949) 724-3170 Fax: (949) 258-5740 Property Address: 6986 El Camino Real, Carlsbad, California PRELIMINARY REPORT Dated as of January 19, 2011 at 7:30a.m. In response to the application for a policy of title insurance referenced herein, Lawyers Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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. Limitation 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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 Form-Modified (11-17-06) Page 1 • • File No: 12457479 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 as to Parcel A AN EASEMENT more fully described below as to Parcel B Title to said estate or interest at the date hereof is vested in: Alpaca Properties, LLC, a California limited liability company The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form-Modified (11-17-06) Page 2 • • File No: 12457479 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel A: Parcel 2 of Parcel Map No. 9043, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 14, 1979 as File No. 79-340715 of Official Records. Parcel B: Non-exclusive easements for pedestrian and vehicular ingress and egress, parking, maintenance and landscaping as created in that certain document entitled "Grant of Easements and Agreement for Maintenance of Parking Areas, Driveways and Landscaped Area" dated August 21, 1979 and recorded August 24, 1979 as Instrument No. 1979-356065 of Official Records. Assessor's Parcel Number 215-052-75 CLTA Preliminary Report Form-Modified (11-17-06) Page 3 • • File No: 12457479 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. CLTA Preliminary Report Form-Modified (11-17-06) Page 4 • • File No: 12457479 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 2011 -2012 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2010-2011. 1st Installment: 2nd Installment: Penalty (including cost): Assessment No.: $74,384.80 Paid $74,384.80 This amount is valid until April10, after which penalties apply $7,448.48 Due with installment amount if paid after April 10 215-052-75-00 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 for the purpose shown below and rights incidental thereto as set forth in a document Purpose: Recorded: The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the right of way granted therein, where required for the construction and maintenance September 25, 1951 in Book 4244, Page 418, of Official Records 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: Recorded: The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the right of way granted therein, where required for the construction and maintenance August 5, 1969 as Instrument No. 142233 of Official Records CLTA Preliminary Report Form-Modified (11-17-06) Page 5 • • File No: 12457479 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: Recorded: The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the right of way granted therein, where required for the construction and maintenance July 10, 1970 as Instrument No. 121184 of Official Records 5. The fact that the ownership of said land does not include rights of access to or from the street or highway known as El Camino Real and Alga Road, abutting said land, such rights having been severed from said land by the document Recorded: November 14, 1978 as Instrument No. 78-492042 of Official Records Except as shown within said document as driveway access openings. 6. The matters contained in a document entitled "Grant of Easement and Agreement for Maintenance of Parking Areas, Driveway and Landscaped Area" recorded August 24, 1979 as Instrument No. 1979-356065 of Official Records. 7. 8. Reference is made to said document for full particulars. An easement for the document Granted to: Purpose: Recorded: 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, ingress and egress December 11, 1979 as Instrument No. 79-519008 of Official Records purpose shown below and rights incidental thereto as set forth in a The Pacific Telephone and Telegraph Company Public utilities, ingress and egress February 11, 1980 as Instrument No. 80-047953 of Official Records 9. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Recorded: Mola Development Corporation La Jolla Bank and Trust Company March 26, 1980 as Instrument No. 80-104184 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. 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Costa Real Municipal Water District underground facilities March 28, 1980 as Instrument No. 80-107961 of Official Records CLTA Preliminary Report Form-Modified (11-17-06) Page 6 • • File No: 12457479 11. A document subject to all the terms, provisions and conditions therein contained. Dated: January 1, 1981 By and between: La Jolla Bank and Trust Company, a California Banking Corporation, Regarding: Recorded: Beverly Hills Federal Savings and Loan Association and Mola Development Corporation, a California Corporation Recognition of Parking Rights June 23, 1981 as Instrument No. 81-196402 of Official Records Reference is made to said document for full particulars. 12. An easement document Granted to: Purpose: Recorded: for the purpose shown below and rights incidental thereto as set forth in a Costa Real Municipal Water District underground facilities April 15, 1982 as Instrument No. 82-105098 of Official Records 13. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates, a Utah Limited Partnership Cox PCS Assets, L.L.C., a Delaware limited liability company, Wholly owned by Cox Communications PCS, L.P., a Delaware limited partnership Memorandum of Lease June 28, 1999 as Instrument No. 1999-0447476 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. 14. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates, LTD. William R. Robertson, DBA Aardvard Animal Health Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472833 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. 15. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates LTD Elliot R. Rosen, D.M.D. DBA La Costa Family Dental Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472835 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. CLTA Preliminary Report Form-Modified (11-17-06) Page 7 • File No: 12457479 16. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates LTD Jeff Clark-Yanagisawa and Bonnie Clark-Yanagisawa Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472836 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. 17. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates LTD. Seung Hoen Choi & Seung Hee Choi, DBA Windmill Cleansers, a cleaning company Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472837 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. 18. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates, LTD. Rose Nemeth, DBA La Costa Properties and Rentals Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472838 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. 19. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates LTD. DIA Karadsheh, a Furniture Consignment Business Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472839, 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. CLTA Preliminary Report Form-Modified (11-17-06) Page 8 • File No: 12457479 20. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates, LTD. Charles A. Church, DBA Cappuccino Cottage, Inc., a Coffee Shop Kiosk Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472840 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. 21. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates, LTD. Lee A. Wood, DBA La Costa Chiropractic Tenant Subordination Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472841 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. 22. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates, LTD. Hoy Yi & Sithuon Sar, DBA Get n Go Donut, a Donut Shop Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472842 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. 23. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates, LTD. North County Pizza, Inc., DBA Domino's Pizza Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472843, 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. CLTA Preliminary Report Form-Modified (11-17-06) Page 9 • File No: 12457479 24. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates LTD. Julia & James Klaerich DBA La Costa Music Studio, a Music Studio Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472844, 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. 25. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates, LTD. Futureredge LLC, DBA Huntington Learning Center Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472845, 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. 26. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates LTD. Carline Bryan Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472847 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. 27. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates LTD. Marjorie Vega Krausz Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472848, 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. 28. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates LTD. Xinh Thi Nguyen, DBA Golden Nails Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472849, of Official Records CLTA Preliminary Report Form-Modified (11-17-06) Page 10 • File No: 12457479 The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 29. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates LTD. Michael Giblin & James Klaerich, DBA State Farm Insurance Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472850 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. 30. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Westbluff Associates LTD. Bank of America, N.A. Subordination, Non-Disturbance and Attornment Agreement September 1, 2000 as Instrument No. 2000-0472851 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. 31. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Pacific Bell Wireless, LLC, a Nevada limited liability company doing business as Pacific Bell Wireless Westbluff Associates, Ltd., a Utah Limited Partnership Memorandum of Lease September 19, 2000 as Instrument No. 2000-0500240 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. 32. A document subject to all the terms, provisions and conditions therein contained. Entitled: Recorded: Notice of Restriction on Real Property November 13, 2000 as Instrument No. 2000-0613889, of Official Records Reference is made to said document for full particulars. 33. A document subject to all the terms, provisions and conditions therein contained. Entitled: Recorded: Notice of Restriction on Real Property January 31, 2002 as Instrument No. 2002-0085193, of Official Records Reference is made to said document for full particulars. CLTA Preliminary Report Form-Modified (11-17-06) Page 11 • • File No: 12457479 34. A financing statement filed in the office of the county Recorder, showing: Debtor: Secured Party: Recorded: Alpaca Properties, LLC Wells Fargo Bank Minnesota, N.A., as Trustee September 27, 2002 as Instrument No. 2002-0833755, of Official Records A change to the above financing statement was filed Recorded: Nature of Change: May 16, 2007 as Instrument No. 2007-0334037 of Official Records continuation 35. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: By and between: Recorded: Memorandum of Agreement October 2, 2003 Alpaca Properties, LLC, a California limited liability company and Verizon Wireless, LLC, a Delaware limited liability company, d/b/a Verizon Wireless October 30, 2003 as Instrument No. 2003-1320340, of Official Records Reference is made to said document for full particulars. 36. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: October 31, 2003 Alpaca Properties, LLC October 31, 2003 as Instrument No. 2003-1328240, of Official Records Towne Construction Lessee 37. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: December 22, 2003 Alpaca Properties, LLC December 22, 2003 as Instrument No. 2003-1498584, of Official Records Thompson Building Materials Lessee 38. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: December 22, 2003 Alpaca Properties, LLC December 22, 2003 as Instrument No. 2003-1498592, of Official Records Acoustical Material Services Lessee CLTA Preliminary Report Form-Modified (11-17-06) Page 12 File No: 12457479 39. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Alpaca Properties, LLC, a California limited liability company New Cingular Wireless PCS, LLC, a Delaware limited liability company Memorandum of Lease October 3, 2005 as Instrument No. 2005-0854527 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. 40. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded March 3, 2006 as Instrument No. 2006-0152081 of Official Records. Reference is made to said document for full particulars. 41. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: May 9, 2006 Alpaca Properties May 10, 2006 as Instrument No. 2006-0328358 of Official Records Cingular Wireless tenant 42. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: August 7, 2006 Alpaca Properties August 8, 2006 as Instrument No. 2006-0559725 of Official Records Cricket Communications tenant 43. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: January 16, 2007 Alpaca Properties January 18, 2007 as Instrument No. 2007-0035739 of Official Records USA Yogurt tenant 44. The matters contained in a document entitled "Notice of Restriction of Real Property" recorded August 31, 2007 as Instrument No. 2007-0579491 of Official Records. Reference is made to said document for full particulars. CLTA Preliminary Report Form-Modified (11-17-06) Page 13 -------------• • File No: 12457479 45. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: October 2, 2007 Alpaca Properties October 3, 2007 as Instrument No. 2007-0641437 of Official Records T-Mobile & Milestone Wireless tenant 46. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded November 21, 2007 as Instrument No. 2007-0731817 of Official Records. Reference is made to said document for full particulars. 47. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: Loan No.: $14,600,000.00 July 2, 2008 Alpaca Properties, LLC, a California limited liability company Banco Popular North America, a New York corporation Banco Popular North America July 25, 2008 as Instrument No. 2008-0398875 of Official Records XXX4XX10400-401JP 48. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: August 13, 2008 Alpaca Properties LLC August 19, 2008 as Instrument No. 2008-0442080 of Official Records Karen and Jonathan Whitehead dba Captain Cook Culinary Academy for Kids tenant 49. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: October 7, 2008 Alpaca Properties LLC October 14, 2008 as Instrument No. 2008-0535603 of Official Records Union Bank of California tenant CLTA Preliminary Report Form-Modified (11-17-06) Page 14 • File No: 12457479 50. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: October 7, 2008 Alpaca Properties LLC October 14, 2008 as Instrument No. 2008-0535604 of Official Records Verizon Wireless tenant 51. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded October 23, 2008 as Instrument No. 2008-0552437 of Official Records. Reference is made to said document for full particulars. 52. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: February 3, 2009 Alpaca Properties LLC February 5, 2009 as Instrument No. 2009-0056102 of Official Records Kristopher Garrett dba Wine Street tenant 53. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: February 18, 2009 Alpaca Properties LLC February 24, 2009 as Instrument No. 2009-0090985 of Official Records JRO Restaurant Group LLC aka La Costa Grill, aka Mark Jones tenant 54. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: April 26, 2010 Alpaca Properties LLC April 28, 2010 as Instrument No. 2010-0210782 of Official Records Michael Hassey tenant 55. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: August 12, 2010 Alpaca Properties LLC August 12, 2010 as Instrument No. 2010-0416201 of Official Records Seung Heon Choi and Seung Hee Choi dba Windmill Cleaners tenant CLTA Preliminary Report Form-Modified (11-17-06) Page 15 • • File No: 12457479 56. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: August 12, 2010 Alpaca Properties LLC August 12, 2010 as Instrument No. 2010-0416202 of Official Records Ryan and Yishuang Bacaoco dba Asian Twins Reflexology Center tenant 57. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: August 3, 2010 Alpaca Properties LLC December 3, 2010 as Instrument No. 2010-0668336 of Official Records Michael D. Berry Chiropractic Corporation, a California Corporation tenant 58. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: December 30, 2010 Alpaca Properties LLC December 30, 2010 as Instrument No. 2010-0728958 of Official Records Jeffrey Kimura dba Avia Dental Care tenant 59. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: January 10, 2011 Alpaca Properties LLC January 11, 2011 as Instrument No. 2011-0019558 of Official Records Day Camino Restaurant LLC, a California limited liability company tenant 60. Any interest in said land of the party named below as disclosed by a Notice of Non- responsibility Dated: Executed by: Recorded: Party Named: Purported interest: May 9, 2006 Alpaca Properties May 10, 2006 as Instrument No. 2006-0328357 of Official Records Kitty Burgmans & Joseph Catalini dba Eim Fine Flooring tenant CLTA Preliminary Report Form-Modified (11-17-06) Page 16 • • File No: 12457479 61. An abstract of judgment for the amount shown below and any other amounts due. Debtor: Creditor: Date entered : County: Court: Case No.: Amount: Recorded: Attorney or Party without an Attorney: Anita P. Tassviri Xinh Thi Nguyen Alpaca Properties LLC November 3, 2010 San Diego Superior 37-2010-00053227-CL-BC-NC $18,248.95, plus penalty and costs November 17, 2010 as Instrument No. 2010-0632396 of Official Records Kimball, Tirey and St. John LLP 1202 Kettner Boulevard 3rd floor San Diego, California 92101 619-231-1422 62. An abstract of judgment for the amount shown below and any other amounts due. Debtor: Creditor: Date entered: County: Court: Case No.: Amount: Recorded: Attorney or Party without an Attorney: Troy A. Wiegand Alpaca Properties LLC September 23, 2010 San Diego Superior 37-2010-00039698-CL-UD-NC $35,186.52, plus penalty and costs January 14, 2011 as Instrument No. 2011-0028383 of Official Records D. Patrick O'Laughlin, Esq. Kimball, Tirey & St. John LLP 1202 Kettner Boulevard, Fifth floor San Diego, California 92101 800-575-1770 63. 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. 64. 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. 65. 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. CLTA Preliminary Report Form-Modified (11-17-06) Page 17 • • File No: 12457479 66. 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. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form-Modified (11-17-06) Page 18 • • File No: 12457479 REQUIREMENTS SECTION: REQ N0.1: The Company will require that it be provided with the following with respect to the California limited liability company named below: A. A copy of its operating agreement and any amendments thereto; B. A certified copy of its articles of organization (LLC-1), any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles or organization (LLC-10); and C. A copy of the current Statement of Information form (LLC-12) filed with the Secretary of State. Limited Liability Company: Alpaca Properties, LLC, a California limited liability company REQ N0.2: The Company will require that the attached "Owner's Information Statement" be completed by the owner of the estate described or referred to in Schedule A immediately prior to the close of this transaction and be returned to us. The purposes of the Owner's Information Statement is to provide the Company with certain information that cannot necessarily be ascertained by making a physical inspection of the land. CLTA Preliminary Report Form-Modified (11-17-06) Page 19 • • File No: 12457479 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: This report is being issued at the request of the client and is not in response to a request for title insurance. Therefore, all references to title insurance in the printed matter of this report or attached hereto are hereby cancelled. All liability assumed hereby is strictly limited to the amount of the fee paid by the client named herein. Any other parties using the information contained herein do so at their own risk. Typist: nbO Date Typed: January 28, 2011 CLTA Preliminary Report Form-Modified (11-17-06) Page 20 • S ~rsTitie· Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 ATTACHMENT ONE 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 • improvements on the land • land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 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 streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. Attachment One (02/03/10) • • ATTACHMENT ONE (Continued) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 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 (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 claim, which arises out of the transaction vesting in the insured the estate or 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. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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, not shown by the public records. PART I 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (02/03/10) • • ATIACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. 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 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 (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 timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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, 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (02/03/10) • • ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION 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 1 (a) does not modify or limit the coverage provided under Covered RiskS. (b) Any governmental police power. This Exclusion 1(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. Unenlorceability 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 lor any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title lor 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 11 (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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (02103/10) • • ATTACHMENT ONE (CONTINUED) FORMERLY 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 (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (02103/10} • ATIACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION 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 1 (a} does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(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 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 reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a} a fraudulent conveyance or fraudulent transfer; or (b} a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses} that arise by reason of: 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 in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 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 that 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (02/03/10} ATTACHMENT ONE (CONTINUED) • CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (1 0-22-03) 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: b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. a. building b. zoning c. Land use d. improvements on Land e. land division f. environmental protection 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; 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. 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, B.d., 22, 23, 24 or 25. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 5. Failure to pay value for Your Title. 6. Lack of a right: 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. 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. 3. The right to take the Land by condemning it, unless: This Exclusion does not limit the coverage described in Covered Risk 11 or 18. a. notice of exercising the right appears in the Public Records at the Policy Date; or 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 1.00% of Policy Amount or $2.500.00 (whichever is less) 1.00% of Policy Amount or $5.000.00 (whichever is less) 1.00% of Policy Amount or $5.000.00 (whichever is less) 1.00% of Policy Amount or $2.500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10.000.00 $25.000.00 $25.000.00 $5.000.00 Attachment One (02/03/10) -------------------------------------------------, • ATTACHMENT ONE (CONTINUED) • CL T A HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-1 0) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-Q3-1 0) 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 those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 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 limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 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 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 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: Your Deductible Amount Covered Rick 16: Covered Rick 18: Covered Rick 19: Covered Rick 21 : 1% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $ 10,000.00 $25,000.00 $25,000.00 $5,000.00 Attachment One (02/03/1 0) • ATTACHMENT ONE (CONTINUED) • ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage (d) attaching or created subsequent to Date of Policy (this of this policy and the Company will not pay loss or damage, costs, paragraph does not limit the coverage provided under attorneys' fees or expenses which arise by reason of: Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 1. (a) Any law, ordinance or governmental regulation 26); or (including but not limited to zoning laws, ordinances, or (e) resulting in loss or damage which would not have been regulations) restricting, regulating, prohibiting or relating sustained if the Insured Claimant had paid value for the to (i) the occupancy, use, or enjoyment of the Land; (ii) Insured Mortgage. the character, dimensions or location of any 4. Unenforceability of the lien of the Insured Mortgage because improvements now or hereafter erected on the Land; of the inability or failure of the Insured at Date of Policy, or (iii) a separation in ownership or a change in the the inability or failure of any subsequent owner of the dimensions or areas of the Land or any parcel of which indebtedness, to comply with applicable doing business laws the Land is or was a part; or (iv) environmental of the state in which the Land is situated. protection, or the effect of any violation of these laws, 5. Invalidity or unenforceability of the lien of the Insured ordinances or governmental regulations, except to the Mortgage, or claim thereof, which arises out of the extent that notice of the enforcement thereof or a notice transaction evidenced by the Insured Mortgage and is based of a defect, lien or encumbrance resulting from a upon usury, except as provided in Covered Risk 27, or any violation or alleged violation affecting the Land has consumer credit protection or truth-in-lending law. been recorded in the Public Records at Date of Policy. 6. Real property taxes or assessments of any governmental This exclusion does not limit the coverage provided authority which become a lien on the Land subsequent to under Covered Risks 12, 13, 14 and 16 of this policy. date of Policy. This exclusion does not limit the coverage (b) Any governmental police power not excluded by (a) provided under Covered Risks 7, 8(e) and 26. above, except to the extent that a notice of the exercise 7. Any claim of invalidity, unenforceability or lack of priority of thereof or a notice of a defect, lien or encumbrance the lien of the Insured Mortgage as to advances or resulting from a violation or alleged violation affecting modifications made after the Insured has Knowledge that the the Land has been recorded in the Public Records a vestee shown in Schedule A is no longer the owner of the Date of Policy. This exclusion does not limit the estate or interest covered by this policy. This exclusion does coverage provided under Covered Risks 12, 13, 14, not limit the coverage provided in Covered Risk 8. and 16 of this policy. 8. Lack of priority of the lien of the Insured Mortgage as to each 2. Rights of eminent domain unless notice of the exercise and every advance made after Date of Policy, and all thereof has been recorded in the Public Records at Date of interest charged thereon, over liens, encumbrances and Policy, but not excluding from coverage any taking which other matters affecting the title, the existence of which are has occurred prior to Date of Policy which would be binding Known to the Insured at: on the rights of a purchaser for value without Knowledge. (a) The time of the advance; or 3. Defects, liens, encumbrances, adverse claims or other (b) The time a modification is made to the terms of the matters: Insured Mortgage which changes the rate of interest (a) created, suffered, assumed or agreed to by the Insured charged, if the rate of interest is greater as a result of Claimant; the modification than it would have been before the (b) not Known to the Company, not recorded in the Public modification. This exclusion does not limit the coverage Records at Date of Policy, but Known to the Insured provided in Covered Risk 8. Claimant and not disclosed in writing to the Company 9. The failure of the residential structure, or any portion thereof by the Insured Claimant prior to the date the Insured to have been constructed before, on or after Date of Policy in Claimant became an Insured under this policy; accordance with applicable building codes. This exclusion (c) resulting in no loss damage to the Insured Claimant; does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. Attachment One (02/03/10) • ATTACHMENT ONE (CONTINUED) • ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (02-03-10) 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, 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 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 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, 16, 17, 18, 19, 20, 21, 22, 23, 24,27 or 28); 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. 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 modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. 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 27(b) of this policy. Attachment One (02/03/1 0) IS ~rsTitie· } • Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 File No. 12457479 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter CLTC-Commonwealth Land Title Company CLTIC-Commonwealth Land Title Insurance Co. Available Discounts FEE REDUCTION SETTLEMENT PROGRAM {CLTC and CLTIC) Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State of California. DISASTER LOANS {CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE {CLTC and CLTIC) • • No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CL TC Discount Notice Mod. 1/10/2010 CA Discount Notice Page 1 Effective Date: 9/3/2009 • • } "Notice to Customers" Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 Order No: 12457479 (Involves Residential Real Property in California ONLY) You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts, however, the maximum discount that can be given in this transaction shall be equal to $100 (5 x $20). If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must -prior to the close of the current transaction -inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company if the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you quality for a discount which is subject to other terms and conditions. Name: Address: Telephone No: 09 . (ltD$ l;tll) .1!~9·.~~---··············· 0 11.00 A.C @ 9.27 AC 1)44111 (ROS) @ @ 5.07AC 5.07 A<. 0 s~ ~ SHT I ~ ~ SHT 1 I 215-05 SHT10F5 12/29/~Mo/ I • ~~= DE: _LA COS'TA DOC83-315:25 (SEE SHT ~ l 2• NO ACCE'SES WAP 2720-37-4$ 34 PAR 1 S8 • • • • .. • • STATE OF CALIFORNIA COUNTY OF OWNER'S INFORMATION STATEMENT } ss To: the Company Re: Title Order 12457479 The undersigned, first being duly sworn, deposes and says: 1). That Jlwe are the owner(s) of that certain real property located in the County of San Diego described in the report referenced above: That the land is improved by a: 0 Single Family residence: 0 one to four family residence 0 Apartment building 0 Office building 0 Commercial building 0 Combination office and commercial building 0 Industrial building 0 ----------------------------------------- 2). That there have been no repairs, work of improvement or materials furnished to the premises within the last 12 months, except That the work of improvement or repairs, if any: 0 Started on -------------------- 0 Was completed on ______________ _ 0 Will be completed on ____________ _ 3). There are no unpaid bills for labor of material because of any improvements or repairs made to the above premises; except 4). That there is no one in possession of or has access to the premises other than: 0 the undersigned 0 tenants based only on month-to-month rental agreements 0 lessees based upon existing leases, copies of which are attached hereto* 0 ---------------------------------------------------------------- 5). That no person(s) other those mentioned above have any rights, easements, licenses, or agreements allowing them to use, encroach on, or travel over said real property except---------------- (enter "none" if such is true) 6). That the undersigned has not received any supplemental tax bill which is unpaid. 7). That this declaration is given for the purpose of inducing the Company and Commonwealth Land Title Insurance Company to issue its policy(ies) of title insurance under the above referenced title order which may provide coverage as to the items mentioned above and that the statements made herein are true and correct of my/our knowledge. Owner's Information Statement (11/02) • • *Declarant(s), please remember to attach copies. Executed under penalty of perjury on the ____ day of _________ , 2 __ . Signature Owner's Information Statement (11102) Signature , • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 I ~111111111~1111~ llllllllllli 11111g 1111 Applicant: PLANCOM INC Description Amount MCUP1103 64.68 6986 EL CAMINO REAL CBAD Receipt Number: R0085497 Transaction ID: R0085497 Transaction Date: 07/19/2011 Pay Type Method Description Amount Payment Cash 64.68 Transaction Amount: 64.68 r City of CarHJad Faraday Cen: r Faraday Cash1ering 001 1120001-2 07/19/2011 98 Tue, Jul 19, 2011 11 :48 AM Receipt Ref Nbr: R1120001-2/0009 PERMITS -Pc!IHlTS Tran Ref Nbr: 112000102 0009 0009 Trans/Rcpt#: R0085497 SET#: MCUP1103 Amount: Item Subtota 1 : Item Tot a 1: ITEMt':· :1M: 1 @ $64.68 $64.68 $64.68 $64.68 Check ( t:h~: # . , ·uuo 18876) $64 . 68 Total Received: $64.68 Have a nice day! • **************CUSTOMER COPY************* ( City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 1111111 ~1111111~~ 11111111111~ I~ I~ II Applicant: AT&T Description Amount MCUP1103 697.00 6986 EL CAMINO REAL CBAD Receipt Number: R0083570 Transaction ID: R0083570 Transaction Date: 03/11/2011 Pay Type Method Description Amount Payment Check 697.00 Transaction Amount: 697.00 t' City o·f , ,c, Farada;' Center , Faraday Cashiering 001 1107010-1 03/11/2011 35 '. ' ' Fri, ~1ar 11, 2011 10:55 11~1 Receipt Ref ~~r: R1107010-1/0003 PERMITS -PlkMITS Tran Ref Nbr: 110701001 0003 0003 Trans/Rcpt#: R0083570 SET#: ~1CUP1103 Amount: Item ~:;uhrota·l: Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 032764) lotal Received: Have a nice day! 1@ $697.00 $697.00 $697.00 $697.00 $697.00 $697.00 **************CUSTOMER COPY************* • • NOTICE OF EXEMPTION To: SD County Clerk Attn: Linda Kesian Mail Stop A-33 From: CITY OF CARLSBAD 1600 Pacific Highway San Diego CA 921 01 [?0[1~[Q) Ernest .I Dronenburg . .lr. Recorder Count) Clerk OCT 0 6 2011' Planning Division 1635 Faraday Aven eiTY OF CARLSBAD Carlsbad CA 9200 BY NOV 17 2011 V. Esquivel PLANNING DEPARTMENT' DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: MCUP 11-03 NS0021-WestbluffLTE Project Location -Specific:...::6=9-=-8=6-==E:..:..l-==C=a=m=in=o'-'R=e=a=l ________________ _ Project Location -City:_C=ar,_...,ls:<.:::b=a.=.d ___ _ Project Location -County: San Diego Description of Project: A Minor Conditional Use Permit to allow the continued operation and maintenance, and minor modifications of an existing Wireless Communication Facility (WCF). Name of Public Agency Approving Project:_C=ity;....:::...of!....C~a~rc.!.!ls~b~ad~------------ Name of Person or Agency Carrying Out Project:_._A~T...,&:T"'--------------- Name of Applicant:_~K::o..ry;...:.s=ta=l_._P"""'a""'tt"""er-=-so"'"'n~------------------- Applicant's Address: Plancom, 302 State Place, Escondido, CA 92029 Applicant's Telephone Number:--...!..7-"'6.!<..0-_.!.7 ..... 1.::<..5-~8:..:..7.::<..03~---------------- Exempt Status: (Check One) 0 Ministerial (Section 21 080(b )( 1 ); 15268); 0 Declared Emergency (Section 21080(b)(3); 15269(a)); 0 Emergency Project (Section 21 080(b)(4); 15269 (b)(c)); ~ Categorical Exemption -State type and section number: 15301 -Existing Facilities 0 Statutory Exemptions-State code number: ________________ _ 0 General rule (Section 15061(b)(3)) Reasons why project is exempt: Existing WCF involving negligible expansion. Lead Agency Contact Person: Chris Garcia Telephone: (760) 602-4622 !0-"73-11 DON NEU, City Planner Date Date received for filing at OPR: FILED IN THE OFFICE OF THE COUNTY CLERK S8!1DieJ>Countyon OCT Ot1 2011 rost9d OCT 0 6 Z011 Remo'ied NOV 1 6 7011 Returnod to 'l'flCY on NOV~ 8 f~J Deputy • V. Es Revised 06/10 E.est J. Dronenburg, J-" COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 *Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 *Fax (619)557-4155 Transaction#: 258104620111006 Deputy: VESQUIVE Location: COUNTY ADMINISTRATION BUILDING 06-0ct-2011 08:23 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# 779 ~----- 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth! Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents State of California-The Resource.ncy DEPARTMENT OF FISH AND GAME 2011 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARt: LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECTTITLE MCUP 11-03-WESTBLUFF LTE PROJECT APPLICANT NAME KRYSTALPATTERSON PROJECT APPLICANT ADDRESS PLANCOM, 302 STATE PLACE PROJECT APPLICANT (Check appropriate box): D Local Public Agency D School District CHECK APPLICABLE FEES: D Environmental Impact Report D Negative Declaration CITY ESCONDIDO D Other Special District D Application Fee Water Diversion (State Water Resources Control Board Only) D Projects Subject to Certified Regulatory Programs IZl County Administrative Fee D Project that is exempt from fees 12J Notice of Exemption CJ DFG No Effect Determination (Form Attached) D Other------------------- PAYMENT METHOD: D Cash D Credit IZl Check D Other_3_3_1_04 ___ _ SIGNATURE X V. Esquivel • RECEIPT# SD2011 779 STATE CLEARING HOUSE# !If applicable! STATE CA D State Agency $2,839.25 $2,044.00 $850.00 $965.50 $50.00 $ $ $ $ $ DATE 10/06/2011 DOCUMENT NUMBER *20110779* PHONE NUMBER 760/715-8703 ZIP CODE 92029 1ZJ Private Entity $50.00 $ _______ _ TOTALRECEIVED $ _____ $_5_0._00_ lllflll llfllllllllm II WI JUI ORIGINAL-PROJECT APPLICANT COPY-DFGIASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) (~~CITY OF ~CARLSBAD • • FILE COPY 7·c90·1f Community & Economic Development 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 continued operation and maintenance of a Wireless Communications Facility (originally approved as CUP 05-1 0) that currently consists of 6 existing antennas, but will expand to 12 antennas under this proposal, mounted behind rooftop parapet walls and associated equipment cabinets on property generally located at 6986 El Camino Real, Carlsbad, California, and more particularly described as: Parcel 2 of Parcel Map No. 9043, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 14, 1979 as File No. 79- 340715 of Official Records. 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 Chris Garcia in the Planning Division at (760) 602-4622. CASE NO.: MCUP 11-03 CASE NAME: NS0021 WestbluffLTE DATE: July 20,2011 CITY OF CARLSBAD PLANNING DIVISION ~··. Planning Division ~f~~------------------------------------------------------------------------~:: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ATTACHMENT "1" I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER AT&T WEST BLUFF, 6994-D EL CAMINO REAL, CARLSBAD APPLICANT 0~~ REPRESENTATIVE BY: CARVER CHIU-C2 DEVELOPMENT SERVICES DATE: 07/14/2011 RECEIVED BY DATE: _r"J...:.....r--/.;...._/ ~~~c.....;.~_l_l __ _ I P-21 Page 3 of6 Revised 07/10 • • 300 FT RADIUS-OWNERSHIP MAP 21505073 23. 6070 EJ 21505,5 \ 24. \ \ \ AVIARA ' ~ z i50337 ~ :;; "' PROJECT West Bluff 6994-D El Camino Real JURISDICTION City of Carlsbad .......:1311252 21505206 25. LEGEND 3. Parcel Ownership No. ~ Parcel Ownership Hook ' 21. ' \ 300'---1 I I I / / SCALE DATE C 2 DEVELOPMENT SERVICES .?2192 MCJf'JTEU_ANO MiSSION VIEJO, C/1 9269: {949.1 200--96/8/ c2ds@c(X< nel' 21311207 1. ALGA 1' = 100' 07-13-2011 ~ iii 0 ~ w 0: In w • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 11, 2011 • PROJECT NO(S): MCUP 11-03 REVIEW NO: 1 -----------------------------------------~ PROJECT TITLE: NS0021 WESTBLUFF LTE APPLICANT: PLANCOM, INC./AT&T TO: ~ Land Development Engineering-Terie Rowley ~ Police Department-J. Sasway ~ Fire Department -James Weigand ~ Building Department-Will Foss D Recreation -Mark Steyaert 0 Public Works Department (Streets)-Nick Roque 0 Water/Sewer District ~ 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 4/1/11. 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: _ __.f!12_..__---=:.?qu----"-'_fJ1__.f;;..._:!JJT_-=:S=---------------- Signature Date PLANS ATIACHED Review & Comment 03/10 c~ • • Discretionary Review Checklist PROJECT NUMBER: MCUP 11-03 BUILDING ADDRESS: 6994 El Camino Real NS0021 Westbluff LTE PROJECT DESCRIPTION: Renewai/Modif. To exist. Telecomm facility ASSESSOR'S PARCEL NUMBER: 215-052-75-00 ..t, APPRQ~AL. 'The ~item, ypu . hav~ stif>!TiHlfed appl'c\ivedl::;~he and/or · By: Q..R~ ATTACHMENTS ------------------------------------------- FIRE DEPARTMENT Date 4/0612011 DENIAL Please see the attached report of deficiencies marked with 00. 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 Date: -----------------By: By: Date: ----------------- FIRE DEPARTMENT CONTACT PERSON NAME: Gregory L Ryan Deputy Fire Marshal ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4663 • • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 11, 2011 PROJECT NO(S): MCUP 11-03 REVIEW NO: 1 -----------------------------------------~ PROJECT TITLE: NS0021 WESTBLUFF LTE APPLICANT: PLANCOM, INC./AT&T TO: C8J Land Development Engineering-Terie Rowley C8J Police Department-J. Sa sway C8J Fire Department-James Weigand C8J Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (Streets)-Nick Roque D Water/Sewer District C8J 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 4/1/11. 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 1{\ c . _ " n • -A-- COMMENTS: r 1 0 ~VV\_,JL/V \.. Signature Date PLANS ATIACHED Review & Comment 03/10 d-h <(~~ CITY OF ¥~CARLSBAD • Memorandum March 16, 2011 To: Chris Garcia, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Senior Civil Engineer Re: SUBJECT: MCUP 11-03 NS0021 WESTBLUFF LTE CONDITIONS • 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. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. David Rick Associate Engineer -land Development Engineering Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov - I ,. ·-4. MCUP & ~p ANNUAL REVIEW SHEET r""rt If"' ""0l,._' r a.t: t;ur 1 INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) 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 Westbluff LTE CASE NUMBER(S): =M=-=C:..:U=-P-=lc.::...l-...:::.03:::o....._ ______________ _ APPROVING RESO NO(S). Administrative approval letter dated August 8, 2011 PLANNER COMPLETING REVIEW: =C=hr=is::..G=ar=ci=· a'-------------- 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): IZI No 0 Fire Prevention Q:'\CED'\PLANNING'\ADMIN'\ TEMPLATES'\MCUPANNUALREVIEWSHEET 02/11 I -.EVIEW INFORMATION e Has the permit expired? 0 Yes IZI No Permit expires: 08L07 L2021 Date of review: 8Ll3Ll2 Name: 0 Applicant 0 Owner 0 Other If other, state title: *CURRENT APPLICANT INFORMATION: Name: Plancom Inc. Phone: 760-715-8703 Contact name (if different): Krystal Patterson Address: 302 State Place, Escondido, CA 92029 Mailing (if different): E-mail: k!l:stal.)2atterson@J2lancominc.com (optional) *CURRENT OWNER INFORMATION: Name: AIJ2aca Pro12erties1 LLC Phone: 858-677-5392 Contact name (if different): Carlos Chavarria Address: 4660 La Iolla Village Drive, Suite 200, San Diego, CA 92122 Mailing (if different): E-mail: (optional) Does project comply with conditions of resolution(s) and approved plans? 1:8:1 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. To date, the approved replacement of additional antennas and the installation of screen boxes have not been constructed. CB 11-2594 has been approved by Planning but has not been issued. Per the approval, if a building permit is not issued by 2/8/13, the approval shall become null and void. The applicant has been notified of this condition. Corrective action(s) to be taken: Date planner completed follow-up review and confirmed project compliance: ~~~-~ ~(1Jo Planner Signature Principal Planner Signature *Applicant and owner information must be updated for annual review to be complete. Q:\.CEO\.PLANNING\.AOMIN\. TEMPLATES\.MCUPANNUALREVIEWSHEET 02/11 AT&T Mobility 5738 Pacific Center Blvd. San Diego, CA 92121 February 7, 2012 City Planning Director City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 • C .G.oxt-A' Ov· at&fiLE COPY Your world. Delivered. r .. ,_ •. ,<-, (, I '• '1h '' •! lJ; . I'! Re: AT&T Mobility Site NS002llocated at 6986 El Camino Real (Case No. MCUP 11-03) Dear City Planning Director: General Order 159-A (G0-159-A) of the California Public Utilities Commission (CPUC) requires cellular carriers to send a notification letter of a utility's intent to construct a cellular facility to CPUC's Safety and Enforcement Division within 15 business days of receipt of all requisite local land use approvals. The notification letter shall state that such approvals have been received, or that no land use approvals are required. As set forth in GO 159-A, copies of the notification letter are required to be served concurrently by mail on the local governmental agency. Where the affected local governmental agency is a city, service of the notification letter to the city shall consist of service of separate copies of the notification letter upon the City Manager, the City Planning Director and the City Clerk. In order to comply with these requirements, I have enclosed a copy of the notification letter for our project within your city limits. If you have any questions or require additional information, please call me at (858) 886-2430. Sincerely, Elizabeth Ramirez AT&T Mobility -Project Manager Network Services San Diego er2826@att.com Attachments .. ' 1. Project Location: Site Number and Name: Site Address: Collilty: Location: Assessor's Parcel Number 2. Project Description; Number of Antennas to be installed: Tower Design: Tower Appearance: Tower Height: Building Size(s): ~at&t Your world Delivered.. ATTACHMENT A NS002l West Bluff 6986 El Camino Real, Carlsbad, CA San Diego 33° 6' 14.018" N 117° 15' 58.899" w 215-052-75 12 3 sectors/ 4 antennas per sector Building 38'8" Inside tenant suite in main building 3. Business addresses of all Local Government Agencies: City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 CC: City Manager, City Planning Director, City Clerk 4. Land Use Approval: On August 8, 2011, the City of Carlsbad approved Minor Conditional Use Permit No. 11- 03 for the installation, use, and maintenance of a Wireless Telecommunications Facility at 6986 El Camino Real. .,.if~A_ C I T Y 0 F VcARLSBAD Planning Division December 13, 2011 Plancom, Inc. Krystal Patterson 302 State Place Escondido, CA 92029 • • SUBJECT: NOTICE OF RESTRICTION-MCUP 11-03-NS0021-WESTBLUFF LTE Dear Applicant: M CclUcf ~~I I?;{\ FILE COPY www.carlsbadca.gov Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Minor Conditional Use Permit, MCUP 11-03. Please ensure the following items are addressed prior to returning the Notice of Restriction: ../ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ../ Document must be properly notarized . ../ Name on signature page and name on Notarial Acknowledgement must match . ../ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ../ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ../ Include property owner's name in the designated space above the owner's signature . ../ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, ~~ CHRIS GARCIA Junior Planner c: CEO Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 AT&T Mobility 5738 Pacific Center San Diego, CA 92121 September 22, 2011 City of Carlsbad • Office of the City Planning Director 1635 Faraday Ave. Carlsbad, CA 92008 Re: AT&T Mobility Site NS0021 Dear City Planning Director: • SEP ~ o 'l:-t11 lj LL'II General Order 159-A (G0-159-A) of the California Public Utilities Commission (CPUC) requires cellular carriers to send a notification letter of a utility's intent to construct a cellular facility to CPUC's Safety and Enforcement Division within 15 business days of receipt of all requisite local land use approvals. The notification letter shall state that such approvals have been received, or that no land use approvals are required. As set forth in GO 159-A, copies of the notification letter are required to be served concurrently by mail on the local governmental agency. Where the affected local governmental agency is a city, service of the notification letter to the city shall consist of service of separate copies of the notification letter upon the City Manager, the City Planning Director and the City Clerk. In order to comply with these requirements, I have enclosed a copy of the notification letter for our project within your city limits. If you have any questions or require additional information, please call me at (858) 886-2430. Sincerely, Elizabeth Ramirez AT&T Mobility -Project Manager Network Services San Diego er2826@att.com Attachments -. • 1. Project Location: Site Number and Name: Site Address: County: Location: Assessor's Parcel Number 2. Project Description: ATTACHMENT A NS0021 LTE NS0021 WEST BLUFF 10090221 6994-D El Camino Real, Carlsbad, CA 92009 City of Carlsbad 33° 6' 25.88" N 117° 16' 16.69" w 215-052-75 Number of Antennas to be installed: Twelve Tower Design: 3 sectors/ 4 antennas per sector Tower Appearance: Building Fac;ade Tower Height: 38'8" Building Size(s): 119'8" X 121 '4" 3. Business addresses of all Local Government Agencies: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 CC: City Manager, City Planning Director, City Clerk 4. Land Use Approval: On August 8, 2011 the City of Carlsbad approved Minor Conditional Use Permit No. MCUP 11-03 for the installation, use and maintenance of a Wireless Telecommunications Facility at 6995-D El Camino Real, Calrsbad, CA 92009. ~· d~~ CITY OF VcARLSBAD Planning Division April 18, 2011 PlanCom, Inc. Attn: Krystal Patterson 302 State Place Escondido, CA 92029 • • ..,,L ~· COPY www.carlsbadca.gov SUBJECT: MCUP 11-03 -AT&T WESTBLUFF LTE (NS0021) -CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15301 -Existing Facilities. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at (760) 602-4622 or chris.garcia@carlsbadca.gov. [r~ DON NEU, AICP Planning Director DN:CG:sm c: Alpaca Properties, c/o Carlos Chavarria, 11020 Horizon Hills Drive, El Cajon, CA 92020 Chris DeCerbo, Principal Planner Van Lynch, Senior Planner David Rick, Associate Engineer File Copy Data Entry T 760-602-4600 F 760-602-8559 _df~A_ CITY OF ~PCARLSBAD Planning Division AprilS, 2011 PlanCom, Inc Attn: Krystal Patterson 302 State Place Escondido, CA 92029 • • FILE COPY www.carlsbadca.gov SUBJECT: 1st REVIEW FOR MCUP 11-03-AT&T WESTBLUFF LTE (NS0021) Thahk 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 11-03, 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. At this time, the city asks that you provide 2 complete sets of the revised development plans so that the project can continue to be reviewed. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602- 2781. Sincerely, (;itk~ /leGJo CHRIS DeCERBO Principal Planner CD:CG:sm c: Alpaca Properties, c/o Carlos Chavarria, 11020 Horizon Hills Drive, El Cajon, CA 92020 Don Neu, Planning Director David Rick, Associate Engineer Chris DeCerbo, Principal Planner Van Lynch, Senior Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 MCUP 11-03-AT&TWES.UFF LTE April4, 2011 Page 2 ISSUES OF CONCERN Planning: • 1. Please correct the existing zoning on sheet T -1 to read C-1-Q. 2. The proposed Radio Frequency (RF) transparent screen boxes shall at a minimum cover each pair of antennas as opposed to each individual antenna as shown. 3. It is strongly encouraged to extend the RF transparent screen boxes and tie into the existing adjacent screen boxes or the end of the building wall. This will provide a more uniform look which will help with the stealth design requirement. 4. Please revise the plans and elevations to show existing RF screen boxes that cover existing antennas on the south and east elevations of building. 5. Please revise the plans to clearly indicate the removal of existing AT&T antennas and brackets along with the restoration of the building to its original condition. Engineering: 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.