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HomeMy WebLinkAboutMCUP 11-09; SD0483 LTE Poinsettia; Conditional Use Permit (CUP) (2)CARI.SBA LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Develooment Permits (FOR DEPT. USE ONLY) Leaislatlve Permits (FOR DEPT USE ONLY) • Administrative Permit r~l General Plan Amendment • Coastal Development Permit (') Q Minor n Local Coastal Program Amendment (') (2 Conditional Use Permit (*) 0^ Minor Extension mtuP r~l Master Plan CD Amendment O Environmental Impact Assessment r~| Specific Plan Q Amendment • Habitat Management Permit Q Minor r~] Zone Change {") • Hiliside Development Permit (*) i 1 Zone Code Amendment |~1 Planned Development Permit O Residential • Non-Residential • Planned Industrial Pennit List other aoolications not specified rn Planning Commission Determination • r~l Site Development Plan • r~l Special Use Permit • • Tentative Tract Map D - eligible for 25% discount 1 1 Variance Q Administrative NOTE: A PROPOSEO PROJECT REQUtRING MULTIPLE APPLICATIONS MUST BE SUBMHTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMHTED PRIOR TO 4:00 P.H. ASSESSOR PARCEL NO(S).: 2- W ~ "^^^ ' M ~ ^ ^' PROJECT NAME: BRIEF DESCRIPTION OF PROJECT. RtLmgve a<vA r^.D\c^C^ 'l^ goRArv.^ w.V\^ W ar^\<.0<y^ b^^A^ 7\M of^L cu-xy^ogy VSLV.VA ^nUrA^\ pQfufit\ . L LT^ eu^Pf^^'^V fp^cV^b "^"^ ^^Q^' t^Qt^^^. BRIEF LEGAL DESCRIPTION; UgV^ ^<><^ \Q Ct\r^baA "TfauV- i "l? ^ M-\P \o'S-i^ LOCATION OF PROJECT; 7 VO N\c\<-<\M^^' Pf STREET ADDRESS SIDE OF A\flf o^/-AftA1>tf\ Dr ON THE; (NORTH, SOUTH. EAST, WEST) BETWEEN _.^V^A-cX<A ^i^t.^c^^ (NAME OF STREET) (NAME OF STREET) AND (NAME OF STREET) P-1 Paqe 1 of 5 Revised 07/10 ^NER NAfcfE (Print); 'j^/^ A^/^ llul^cU., LL C/ MAILINGADDRESS: idO^J^IckU^^t. ^/O / CITY, STATE, ZIP. TELEPHONE. EMAIL ADDRESS: APPLICANT NAME (Print): HTff P^SbtJ/f'U ^ MAILING ADDRESS: <57-^^ '^ifiC C^^W ]>7^ CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLE SIGNATURE DATE f CERTry THAT (AM THE LEGAL REPRESE/^ATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION tS TRUE AND CORRECT TO Tl« 8EST OF MV KNOWLEDGE. — , ^^^^ SIGNATURE i</iriy QIUJC. f^-r- 7la,n(!^.Tnc7 APPLICANTS REPRESENTATIVE (Print): MAILINGADDRESS: ^Ogt ^faf, CITY, STATE, ZIP: 6^Ali ^^LO^^ TELEPHONE: ^fcg - 7/$"- .^V/^ EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT AU THE ABOVE INFORMATION IS TRUE AND CORRIiCT TO THE B&ST OF MY KNOWLEDGE. DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CtTY STAFF. PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. yWE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OP RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND^D ANY SUCCESSORS IN INTEREST. PR0PER+Y(5iWNiR SIGNATURE FOR CITY USE ONLY DEC 13 ?oii CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Site Information US ID: Site Name: Address: Report Date: March 31, 2011 CASPR#: 3601003258 13891 POINSETTIA 760 Macadamia Drive Carlsbad CA, 92009 M-RFSC: Hector Manmano Site Type: Building TELNET. INC. I 7630 STANDISH PLACE. ROCKVILLE. MD 20855 I P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM AT&T us ID: 13891 - Site Name: POINSETTIA Electromagnetic Energy ("EME") Measurement and Site Compliance Report 760 Macadamia Drive, Carlsbad CA, 92009 TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM TABLE OF CONTENT 1 SUMMARY 4 1.1 INTRODUCTION 4 1.2 STATEMENT OF COMPLIANCE 4 1.3 SAFETY RECOMMENDATIONS & SITE COMPLIANCE ACTIONS 5 1.3.1 LOCKOUT/TAGOUT PROCEDURES FOR ANTENNA, TRANSMISSION LINE AND POWER AMPLIFIER MAINTENANCE - 6 1.3.2 LOCKOUT/TAGOUT PROCEDURE, LOCAL SHUTDOWN 6 1.3.3 LOCKOUT/TAGOUT PROCEDURE, REMOTE SHUTDOWN 6 1.4 SITE DRAWING 7 1.5 RF MODELING 8 2 ANTENNA INVENTORY 12 3 MODELING SUMMARY AND ASSUMPTIONS. 14 3.1.1 GENERAL MODEL ASSUMPTIONS 14 3.1.2 USE OF GENERIC ANTENNAS 14 3.1.3 STATISTICAL SUMMARY 15 4 ANALYSIS AND COMPUTATION 17 4.1 ANALYSIS 17 5 FCC LIMITS FOR MPE 18 5.1 (A) LIMITS FOR OCCUPATIONAL/CONTROLLED EXPOSURE 18 5.2 (B) LIMITS FOR GENERAL POPULATION/UNCONTROLLED EXPOSURE 19 5.3 CONTROLLED AND UNCONTROLLED EXPOSURE LIMITS 19 6 FCC STANDARD CERTIFICATION 20 7 GLOSSARY OF TERMS 21 TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWWTELNET-INC.COM 1 Summary 1.1 Introduction AT&T has installed RF transmitting antennas at the following location (the "wireless telecommuni- cations facility"): Street Address: 760 Macadamia Drive, Carlsbad CA, 92009 US ID: 13891 Latitude / Longitude: 33.10639 / -117.31333 Telnet, Inc performed an RF computational analysis ofthe RF environment surrounding the facili- ties installed by AT&T at this location. The facility is located on a three-story building. AT&T is licensed by the Federal Communications Commission ("FCC") to provide wireless com- munications services. As required by the FCC, wireless system operators perform an assess- ment ofthe potential human exposure to radio frequency emissions emanating from transmitting antennas at the site. Antenna specifications presented herein are based on direct evidence from information from the site manager or building manager, information from the licensees, educated estimates by the field technician or a combination of some or all of these sources. 1.2 Statement of Compliance A site is considered in 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% ofthe applicable MPE must participate in mitigating these RF hazards. Per AT&T's corporate policy, the FCC's general population limits are applica- ble to all rooftop sites, regardless ofthe level of access control. As presented in the sections be- low, based on worst-case predictive modeling, the worst-case emitted power density may exceed the FCC's general public limit. TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM 1.3 Safety Recommendations & Site Compliance Actions Since AT&T contributes more than 5% of the MPE, should this site be non-compliant for any rea- son, all other operators who contribute greater than 5 % would all be liable to bring the site into compliance. Areas that require that action in order to meet AT&T corporate policy are listed below. No action means the location is compliant with AT&T policy. The RF hazard mitigation proposed for installa- tion at this site complies with AT&T's RF exposure policy and therefore complies with FCC and OSHA requirements Site Access Locations Install a Green Information Sign 1 atthe rooftop access (In English) Install a Green Information Sign 1 atthe rooftop access (In Spanish) Alpha Sector Location Mount a Yellow Caution Sign and a Green information 2 sign on the front fa9ade of each AT&T antenna sector Beta Sector Location Mount a Yellow Caution Sign and a Green information 2 sign on the front facade of each AT&T antenna sector Gamma Sector Location Mount a Yellow Caution Sign and a Green information 2 sign on the front fa9ade of each AT&T antenna sector swton Yellow Caution Sign Green Infomiation 2 sign =^ r-L Sector 3 Yellow Caution Sign Green Informatkin 2 sign AccMS Green Infonnation 1 sign Sec(or2 Yellow Caution Sign Green Information 2 sign Signage Diagram TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM 1.3.1 Lockout/Tagout Procedures for Antenna, Transmission Line and Power Amplm tena nee Whenever anyone is working on an antenna, transmission line, high power amplifier (HPA), or multi-channel power amplifier (MCPA), the transmitter (power amplifier) MUST be turned off. This can be accomplished either locally by flipping a circuit breaker(s) or remotely by command from the NMC/NOC. The person initiating or requesting the transmitter shutdown is the ONLY person authorized to restore the transmitter to service. This person is responsible for making sure that ALL work has been completed, that ALL cables have been properly reconnected, and that EVERYONE is clear of the work area before the transmitter is reactivated. Generally, this person is consi- dered to be the one actually performing the work. In the case of a contractor working at an active site, the FErrechnician may initiate the request on behalf ofthe contractor. 1.3.2 Lockout/Tagout Procedure, Local Shutdown After securing permission to shut the transmitter down, the Field Engineer (FE)/Field Techni- cian (FT) will turn off the circuit breaker and verify that the correct transmitter was deacti- vated. The FE/FT will then place a locking device(s) over the circuit breaker{s) to prevent ac- cidental activation by an unauthorized person and place a TAG on, or in the immediate vicini- ty of, the circuit breaker(s). The tag should state "Do Not Operate." At the NMC/NOC the same note, including date and time and location, must be entered in the computer or a tag must be placed on the monitor frame in such a manner that the console operator will be made aware that the transmitter can not be activated without permission from the person who initiated the maintenance request. The FE/FT will turn the kevfs) over to the person performing the work. Upon completion of the work, this person performing the task will return the key(s). As a precautionary measure, prior to reactivating the transmitter, the FE/FT MUST verify, to the extent possible, that all connections have been made and that the work area is clear of personnel. 1.3.3 Lockout/Tagout Procedure, Remote Shutdown After requesting the NMC/NOC to shut the transmitter down, the FE/FT will verify that the cor- rect transmitter was deactivated. The FE/FT will then place a TAG on or in the immediate vi- cinity of transmitter. The tag should state "Do Not Operate." At the NMC/NOC the same note, including date/time, must be entered in the computer or a tag must be placed on the monitor frame in such a manner that the console operator will be made aware that the transmitter can not be activated unless the following conditions are met: 1) The tag has been removed by the person performing the work; and 2) Permission is provided by the person who initiated the maintenance request. Upon completion of the work, the person performing the task will remove the tag and notify the FE/FT that the work is completed. As a precautionary measure, prior to requesting reacti- vation ofthe transmitter, the FE/FT MUST verify, to the extent possible, that all connections have been made and that the work area is clear of personnel. Note: Even though normal procedures call for a remote shutdown, if it is possible to turn off the circuit breaker without causing a software reload or other similar problems the FE/FT should follow the local shut down procedure. TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM 1.4 Site Drawing 1 • AT&T -148'- 1 B r Figure 1 General Population Standard TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET.INC.COM 1.5 RF Modeling The modeling calculations assume that the antennas are operating at 100% capacity; that all an- tenna channels are transmitting simultaneously and that the radio transmitters are operating at full power. Obstructions (trees, buildings etc) that would normally attenuate the signal are not tak- en into account. As a result, the predicted signal levels are more conservative (higher) than the actual signal levels will be from the measurement conclusions. -148'- AT&T General Population Standard 0-100% General Population Standard 100-500% General Population Standard 500-5000% General Population Standard > 5000% Uplime=100% # of Antennas on = 12 Figure 2 Percent of FCC General Population Exposure Limit (Ground Level) TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 j P:301-840-7110 F:301-840-0162 j WWWTELNET-INC.COM 1 • AT&T -148'- General Population Standard 0-5% General Population Standard >5% Uplime=100% # of Antennas on = 12 n 1 1 c t p t 1 1 M J Figure 3 5% FCC Gneral Population Exposure Limit (Ground Level) TELNET, INC. j 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 j WWW.TELNET-INC.COM A J H i MB F i 1 B i 1 B -148'- AT&T General Population Standard 0-100% General Population Standard 100-500% General Population Standard 500-5000% General Population Standard > 5000% Uptinie=100% # of Antennas on = 12 Figure 4 Percent of FCC General Population Exposure Limit (Rooftop Level) TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 j WWW.TELNET-INC.COM - A - — — t -148'- 1 • AT&T General Population Standard 0-5% General Population Standard >5% Uptime=100% # of Antennas on = 12 Figure 5 5% FCC Gneral Population Exposure Limit (Rooftop Level) TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 j WWW.TELNET-INC.COM Antenna Inventory The Antenna Inventory shows all transmitting antennas on the site (see Table 1). This inventory was verified on site and was used by Telnet to perform software modeling of RF emissions . The inventory coincides with the site diagrams on this report, identifying each antennas location at the site. For other carriers at the site, the use of "Generic" as an antenna model, or" Unknown" for an op- erator means the information with regard to the carrier, their FCC license and / or antenna infor- mation was not available nor could it be secured while on site. Equipment, antenna models and nominal transmit power were used for modeling, based on past experience with radio service providers. Relevant administrative and compliance-related information about the antenna site rooftop area is summarized in the table below : Collocation Status Area Classification General Population TELNET, INC. j 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM Antenna Number Opera- tor Type TX Freq (MHz) ERP (Watts) Gain (dBd) Model Azimuth (deg.) Lengtti (ft) Number of Radio Horizontal Beamwidth (Deg.) X Y Z 1A1 AT&T Panel GSM 850 1000 13.65 Kathrein 80010765 0 6.3 8 65 50 113 2 1A2 AT&T Panel GSM 1900 1000 16 35 Kathrein 80010765 0 6.3 8 62 50 113 2 1A3 AT&T Panel UMTS 850 1000 13.65 Kathrein 80010765 0 6.3 4 65 45 113 2 1A4 AT&T Panel UMTS 1900 1000 16.35 Kathrein 80010765 0 6 3 4 62 45 113 2 1A5 AT&T Panel LTE 700 500 13.15 Kathrein 80010765 0 6.3 2 68 55 113 2 1A6 AT&T Panel LTE 700 500 13.15 Kathrein 80010765 0 6.3 2 68 40 113 2 1B1 AT&T Panel GSM 850 1000 13.65 Kathrein 80010765 11 5 6.3 8 65 158 8 2 1B2 AT&T Panel GSM 1900 1000 16.35 Kathrein 80010765 115 6.3 8 62 158 8 2 1B3 AT&T Panel UMTS 850 1000 13.65 Kathrein 80010765 115 6.3 4 65 163 8 2 1B4 AT&T Panel UMTS 1900 1000 16.35 Kathrein 80010765 115 6.3 4 62 163 8 2 1B5 AT&T Panel LTE 700 500 13.15 Kathrein 80010765 115 6.3 2 68 153 8 2 1B6 AT&T Panel LTE 700 500 13.15 Kathrein 80010765 115 6.3 2 68 168 8 2 ICI AT&T Panel GSM 850 1000 13.65 Kathrein 80010765 240 6.3 8 65 8 74 -1 1C2 AT&T Panel GSM 1900 1000 16 35 Kathrein 80010765 240 6.3 8 62 8 74 -1 1C3 AT&T Panel UMTS 850 1000 Ki 65 Kathrein 80010765 240 6.3 4 65 8 35 -1 1C4 AT&T Panel UMTS 1900 1000 16.35 Kathrein 80010765 240 6 3 4 62 8 35 -1 1C5 AT&T Panel LTE 700 500 13.15 Kathrein 80010765 240 6.3 2 68 8 85 -1 1C6 AT&T Panel LTE 700 500 13.15 Kathrein 80010765 240 6.3 2 68 8 25 -1 Table 1 Antenna Inventory TELNET, INC. j 7630 STANDISH PLACE, ROCKVILLE, MD 20855 j P:301-840-7110 F:301-840-0162 j WWW.TELNET-INC.COM Modeling Summary and Assumptions 3.1.1 General Model Assumptions In this report, it is assumed that all antennas are operating at full power at all times. Software modeling was performed for all transmitting antennas located on the site. Telnet, Inc has further assumed a 100% duty cycle and maximum radiated power. The site has been modeled with these assumptions to show the maximum RF energy density. Telnet Inc believes this to be a worst case analysis, based on best available data. If at any time power density measurements were to be made. Telnet Inc believes the real time mea- surements would indicate levels below those shown in this report. By modeling in this way, we have conservatively shown exclusion areas (areas not to be entered without a personal RF monitor, carriers reducing power or performing real time measurements to show real time exposure levels). 3.1.2 Use of Gene ric Antennas For the purposes of this report, the use of 'Generic' as an antenna model, or 'Unknown' for a wireless carrier, means that the information about the carrier, their FCC license and/ or antenna information was not provided and could not be obtained while on site. In the event of unknown information, Telnet will use our industry specific knowledge of equipment, antenna models and transmit power to model the site. If more specific information can be obtained for the unknown measurement criteria, remode- ling of the site is recommended. If no information is available regarding the transmitting service asso- ciated with an unidentified antenna, using the antenna manufacturer's published data regarding the antenna's physical characteristics makes more conservative assumptions. TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM 3.1.3 Statistical Summary Statistical SuTYnary %MPE SQ. FT %SQ. FT. 22800 100.(X) % of total ROOF Area 0-100 22800 100.00 % of Selected Area 101-500 0 0.00 % of Selected Area 501-5000 0 0.00 % of Selected Area > 5000 0 0.00 % of Selected Area Roof Area 22800 sq. ft Max%MPE 7.5 % Min%IVIPE 0.1 % Using Near/FarSpatial Avg Model With FCC 1997 Public Standard Table 2 Percent of FCC General Population Exposure Limit (Ground Levei) Statistical Summary %MPE SQ. FT %SQ. FT. 22800 100.00 % of total ROOF Area 0-5 22792 99.96 % of Selected Area 6-500 8 0.04 % of Selected Area 501-5000 0 0.00 % of Selected Area > 5000 0 0.00 % of Selected Area Roof Area 22800 sq. ft Max%MPE 7.5 % IVIin%IVIPE 0.1 % Using Near/Far Spatial Avg Model With FCC 1997 Public Standard Table 3 Percent of FCC General Population Exposure Limit (Ground Level) TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 j P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM Statistical Summary %MPE SQ. FT %SQ. FT. 22800 100.00 % of total ROOF Area 0-100 22371 98.12 % of Selected Area 101-500 406 1.78 % of Selected Area 501-5000 23 0.10% of Selected Area > 5000 0 0.00 % of Selected Area Roof Area 22800 sq. ft. Max%MPE 1333.9 % Min%MPE 0.1 % Using Near^FarSpatial Avg Model With FCC 1997 Public Standard Table 4 Percent of FCC General Population Exposure Limit (Rooftop Level) Statistical Summary %MPE SQ. FT %SQ. FT. 22800 100.00 % of total ROOF Area 0-5 21299 93.42 % of Selected Area 6-500 1478 6.48 % of Selected Area 501-5000 23 0.10% of Selected Area > 5000 0 0.00 % of Selected Area Roof Area 22800 sq. ft. Max%MPE 1333.9 % Min%MPE 0.1 % Using Near^Far Spatial Avg Model Witil FCC 1997 Pubiic Standard Table 5 Percent of FCC General Population Exposure Limit (Rooftop Level) TELNET, INC. j 7630 STANDISH PLACE, ROCKVILLE, MD 20855 j P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM 4 Analysis and Computation Based on emission patterns of the antennas at this location most of the energy emitted is spread towards the horizon. This assumes the antennas have a zero downtilt. If a mechanical downtilt other then zero is applied to the antennas then the maximum energy emitted will need to be calculated using the information below. The following formulas can be used for calculating the power density. Power density is calculated by dividing the surface area of the sphere or the unit area normal to the direction of the propagation. This information is usually shown in units of microwatts per square centimeter (uW/cm2), milliwatt per square centimeters (mW/cm2), or watts per square meter (W/m2). 4.1 Analysis ^^(PxKFact) [iTtRh) where; S = power densrty (mW/cm^) P = lotd power ir^ to the antenna (mW) K = ar^rta corredkin bclor / mjmenc factor ^ anterina disoi R=sttaight tne distance of the anlerina from a 6 ft humari (cm) h = (Sstance between Ihe roof level and the bottom of the antenna (cm) o r the vertical dstance from Ihe bp of the wtenna tothetooflevelwh^adft. human being is assumed standing direct fmm the antema (also equal to MPE% = Calculated exposure lev^, as a percentage ot the FCC MPE bmit for conttiuous exposure of the general popiiabon TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM FCC Limits for MPE The FCC guidelines for human exposure to RF electromagnetic fields were derived from the recommendations of two expert organizations, the National Council on Radiation Protection and Measurements ("NCRP") and the Institute of Electrical and Electronics Engineers ("IEEE"). The exposure guidelines are based on thresholds for known adverse effects and they incorporate appropriate margin of safety. The federal health and safety agencies such as: the Environmental Protection Agency ("EPA"), the Food and Drug Administration ("FDA"), the National Institute on Occupational Safety and Health ("NIOSH") and the Occupational Safety and Health Administration ("OSHA") have also been actively involved in monitoring and investigating issues related to RF exposure. The FCC's MPE limits are based on exposure limits over a wide range of frequencies recommended by the NCRP and the exposure limits developed by the IEEE and adopted by the American National Standards Institute ("ANSI") to replace the 1982 ANSI guidelines. The limits for localized absorption are based on the recommendations of both the ANSI/IEEE and the NCRP. The potential hazard associated with the RF electromagnetic fields is discussed in OET Bulletin No. 56 "Questions and Answers about the Biological Effects and Potential Hazards of RF Electromagnetic Fields". This document can be obtained on the FCC website at http://www.fcc.qov. Sections 7.1, 7.2 and 7.3 represent the FCC limits for both occupational and general population exposures to different radio frequencies: 5.1 (A) Limits for Occupational/Controlled Exposure Frequency Electric Field Magnetic Field Power Density Averaging Time Range Strength (E) Strength (H) (S) , |E|^ |H|^ orS (MHz) (V/m) (A/m) (mW/cm^) (minutes) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (900/f^)* 6 30-300 61.4 0.163 1.0 6 300-1500 — ~ f/300 6 1500-100,000 — --5 6 TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM 5.2 (B) Limits for General Population/Uncontrolled Exposure Frequency Electric Field Magnetic Field Power Density Averaging Time Range Strength (E) Strength (H) (S) , |E|^ |H|^ orS (MHz) (V/m) (A/m) (mW/cm ) (minutes) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (180/f^)* 30 30-300 27.5 0.073 0.2 30 300-1500 ~ ~ f/1500 30 1500-100,000 — — 1.0 30 f = frequency in MHz *Plane-wave equivalent power density NOTE 1: Occupational/controlled limits apply in situations in which persons are exposed as a consequence of their employment provided those persons are fully aware of the potential for exposure and can exercise control over their exposure. Limits for occupational/controlled exposure also apply in situations when an individual is transient through a location where occupational/controlled limits apply provided he or she is made aware of the potential for exposure. NOTE 2: General population/uncontrolled exposures apply in situations in which the general public may be exposed, or in which persons that are exposed as a consequence of their employment may not be fully aware ofthe potential for exposure or can not exercise control over their exposure. 5.3 Controlled and Uncontrolled Exposure Limits nno T—P T-T 1—1 OccupationalAl^orArdled Exposure (upper Brrat) Ganaral Population/Uncontrollad Exposure power) {3000 36;00fl I 1S0Q I Frai|usncy(piH4 180,000 Figure 6 300,000 TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F;301-840-0162 | WWW.TELNET-INC.COM 6 FCC Standard Certification This report certifies that the site POINSETTIA - 13891 is in compliance with the FCC rules and regulations under FCC OET Bulletin 65. Signage is recommended at the site as presented in Section 1.3. Prepared by: Ratisha Mehta RF Engineer Telnet Inc. Date: 03/31/11 Reviewed by: Boris Lublinskv Project Manager, EMF Specialist Telnet Inc. Date: 03/31/11 TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM 7 Glossary of Terms 1. Electromagnetic Field (energy density) - the electromagnetic energy contained in an infinitesimal volume divided by that volume. 2. Exposure - Exposure occurs whenever and wherever a person is subjected to electric, magnetic or electromagnetic fields other than those originating from physiological processes in the body and other natural phenomena. 3. General Population / Uncontrolled Exposure - applies to human exposure to RF fields when the general public is 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 ofthe general public always fall underthis category when exposure is not employment-related. 4. Maximum Permissible Exposure (MPE) - the rms and peak electric and magnetic field strength, their squares, or the plane-wave equivalent power densities associated with these fields to which a person may be exposed without harmful effect and with an acceptable safety factor. 5. Occupational/Controlled Exposure - applies to human exposure to RF fields when persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fijily 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 population/controlled limits. 6. Power Density (S) - Power per unit area normal to the direction of propagation, usually 2 expressed in units of watts per square meter (W/m ) or, for convenience, units such as milliwatts 2 2 per square centimeter (mW/cm ) or microwatts per square centimeter (pW/cm ). 7. Ionization - a process by which electrons are stripped from atoms and molecules. This process can produce molecular changes that can lead to damage in biological tissue, includes effect on DNA, the genetic material. This process requires interaction with high levels of electromagnetic energy. 8. Non-Ionizing radiation - a type of emission that is not great enough to cause ionization of atom and molecules. "RF and Microwave Emissions" are low-level energy which are not capable of ionization. TELNET, INC. | 7630 STANDISH PLACE, ROCKVILLE, MD 20855 | P:301-840-7110 F:301-840-0162 | WWW.TELNET-INC.COM Photosimulation of proposed telecommunications site: West elevation AT&T Mobility, LLC Photo Study SD0483 Poinsettia Looking East from site AT&T Mobility, LLC Photo Study SD0483 Poinsettia Looking West from site AT&T Mobility, LLC Photo Study SD0483 Poinsettia Aerial image of site location SD0483 AWE-Pointsettia LTE Optimal 760 Macadamia Dr. Carlsbad, CA 92009 Proposed antennas mounted behind proposed RF transparent screens — Proposed screen 1^212011 Pfiotosimulation of proposed telecommunications site: Nortti elevation Photosimulation of proposed telecommunications site: South elevation at&t SD0483 AWE-Pointsettia LTE Optimal 760 Macadamia Dr. Carlsbad, CA 92009 Coverage without site Coverage Levels: • • Excellent Variable Poor No Coverage Coverage witli site Carlsbad Network Map at&t Carlsbad Stale Park ' ^ Aqua Hedionda \ Lagoon Lagoon NS0026 • SD0428 NS0025 o ONS0028 Existing Sites Proposed Sites DISCLOSURE Develooment Services STATEMENT Planning Division P-1(A) 1535 Faraday Avenue CARLSBAD P-1(A) (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this Information is completed. Please print. Note: Person is defined as "Any individual, fimi, co-partnership, joint venture, association, social club, fratemai organization, corporation, estate, trust, receiver, syndicate, in this and any other county, dty and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided t>e!ow. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OVJU MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person^ Title Corp/Part ftTfT'/hn fcl / / /y . LLC^ Title Address 57:^gA./-^/rr ConThr Dr n £>»' Address OWNER (Not the owner's agent) Ol^O ^X^l Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of atl individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person^ Title Corp/Part7/n/ULc/z {Ji.rlshoJ. ,CU^ Title Address Address ^iU^ biokiTS ST ^roi l)tr^r, OA Q^Jli p-1 (A) Page 1 of 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oraanization 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 /\ (fiL/ Non Profit/Trust fl Title Title Address Address Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? • ves [J No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that alt the above infonnation 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 apfclicant Signature of owner/applicant'sragent if applicable/date Ail^, A^^T Print or type name of ov>'nfaifappiicant's agent p-1 (A) Page 2 of 2 Revised 07/10 at&t February 8, 2010 To: All Cities and Agencies From: Kevin I\/lcGee, Network Deployment Manager Re: Letter of Authorized Agents The below named representatives are hereby authorized to act as an agent on behalf of AT&T Mobility in obtaining leases, planning, building and related permits. This authorizafion is applicable to any and all matters, including public hearings, affecting AT&T land use and entitlement applications in all jurisdictions throughout Southern Califomia. Please direct project related correspondence to the firm and the representatives listed betow: Authorized Representatives: On behalf of Black & Veatch: Black & Veatch 9820 Willow Creek Rd. Suite 310 San Diego, CA 92126 M&hA Telecom Plancom, Inc. TAIC Authorized By: ^evin McGee Network Deployment Manager CARLSBAD CITY OF STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP. refer to the Engineering Standards (Volume 4, Chapter 2) at www.carisbadca.qov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an Initial assessment ofthe proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more .of the questions please seek assistance from Land Development Engineering staff, A separate completed and signed questionnaire must be submifted for each new development application submission.; Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat- Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your appiication to the city. Does your project meet one or more of the following criteria: YES NO 1. Housina subdivisions of 10 or more dwellina units. Examples: sinale familv homes, multi-familv homes, condominium and apartments n 2. Commercial - areater than 1-acre. Anv development other than heavv industn/ or residential. Examoles; hospitals: laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial nurseries; multi-apartment buildings: car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities. • 0 3. Heavv Industrial / industrv- areater than 1 acre. Examples: manufacturina olants. food orocessinq plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, etc.). • \7\ 4. Automotive reoair shoo. A facilitv categorized in any one of Standard Industrial Classification (SIC) codes 5013. 5014, 5541. 7532-7534, and 7536-7539 n 5. Restaurants. Anv facilitv that sells oreoared foods and drinks for consumption, including stationarv lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 sguare feet. Restaurants where land development is less than 5,000 sguare feet shall meet all SUSMP reguirements except for structural treatment BMP and numeric sizing criteria requirements and hydromodification reguirements. • 0 E-34 Page 1 of 3 REV 1/14/11 ^ C ITY CARLSBAD O F STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Oeveiopment Engineering 1635 Faraday Avenue 760-602-2750 www.caHsbadca.gov 6. Hillside develooment. Anv develooment that creates more than 5.000 sauare feet of imoervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twentv-five percent (25%) or greater. • 0 7. Environmentallv Sensitive Area lESA)'. All develooment located within or directiv adjacent^ to or HiRcharoina directly* to an ESA (where discharges from the development or redevelopment will enter receiving waters within the ESA), which either creates 2,500 square feet or more of impen/ious surface on a proposed project site or increases the area of imperviousness of a proposed proiect site 10% or more of its naturally occurring condition. • 0 8. Parkina lot Area of 5.000 square feet or more, or with 15 or more parking spaces, and ootentiallv exposed to urban runoff 9. Streets, roads, hiqhwavs. and freewavs. Anv paved surface that is 5.000 sauare feet or areater used for the transportation of automobiles, trucks, motorcycles, and other vehicles 10. Retail Gasoline Outlets. Sen/inq more than 100 vehicles per dav and greaterthan 5.000 sauare feet 11. Coastal Develooment Zone. Anv oroiect located within 200 feet of the Pacific Ocean and i'l) create."! mnrp than 2500 sguare feet of impervious surface or (2) increases impervious surface on property by more than 10%. / 12. More than 1-acre tff disturbance. Proiect results in the disturbance of 1-acre or more of land and is ronsideted a Pollutant-generating Dewetopment Project". / 1 Environmentally Sensitive Areas include but are not limFled to all Clean Water Act Sectbn 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by ttie State Water Resources Control Board (Water Quality Control Plan for tt>e San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Boanj (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas :de'sigh^ed as preserves ot their equivalent under the Multi Species Conservation Program wilhin the Cities and County of San Diego; and any other equivalent . environmentally sensitive areas which have been identified bythe Copermittees, 2 "Directty adjacent" means situated within 200 feet ofthe Environmentally Sensitive Area. 3 'DischargiAg! cSrectly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, awl-: not commingled with flow from adjacent lands. . 4 Polriitant'^nbratlng Development Projects are those projects that generate pollutants at levels greater than background levels. \i\ general, these include all projects- that contritiule 10 $f) sxceedanc^ to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landsesping:,-. areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle usej-such as emergency or maintenance : acce'ss, "or for pedestrian or bic/cle use, are not considered Pollutant-generating Development Projects if they are built with liervtous surfaces or if they sheet (low tO' sun-oundinfl'pervious surfaces. .in INSTRUCTIONS: Section 1 Results: If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3- Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storni water requirements will apply per tne SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instmctions. E-34 Page 2 of 3 REV 1/14/11 CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov INSTRUCTIONS: Complete the questions below regarding your project YES NO 1. Project results in the disturbance of 1 -acre or more of land and is considered a Pollutant-generating Development Proiect"? / INSTRUCTIONS: If you answered NO, please proceed to question 2. If you answered YES. then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) INSTRUCTIONS: If you answered YES, please proceed to guestion 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORPl/IWATER REQUIREMENTS. Please check the "does not meet PDP reguirements" box in Section 3 below. 3. Is the worit limited to trenching and resurfacing associated with utility woric; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged pavement such as pothole repair? Resurfecing/reconfiguring parking lots is where the work does not expose underlying soil during construction. • • INSTRUCTIONS: If you answered NO, then proceed to question 4. If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 sguare feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 sguare feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of existing impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are removed, exposing underlying soil during construction. • • INSTRUCTIONS: If you answered YES. you ARE a significant redevelopment, and^you ARE subject to PRIOIBIITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITi' DEVELOPMENT PROJECT requirements" box ih Section 3 befow. Review SUSMP to find out if SUSMP reguirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP reguirements" box in Section 3 below. •for definition see Footnote 4 on page 2 • 0 My project nr>eets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand fiow control (hydromodification) requirenrients may apply to my project. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box This Box for Cily Use Only Address: 760 Macadamia Drive Assessor's Parcel Number(s): 214-450-31-00 Applicant Name: Adam Jones Applicant Title: Agent for AT&T Applicant Signature: 04^ /^^ Date: 12/13/11 CHy Concurrence: YES NO By: Projed ID E-34 Page 3 of 3 REV 1/14/11 Hazardous Materials Information AT&T Indoor Battery Specification Sheets GNB Marathon Batteries (M12V155) at&t October 9, 2007 San Diego Region Sites Departrvent of Hazarcjous Matenals County of San Diego RE: AT&T - BATTERY BACKUP/BATTERY MSDS/SPECIFICATION AND HAZARDOUS MATERIAL INFORIVIATION Sir, AT&T installs GNB Marathon Batteries (M12V155) sealed battenes in their indoor power distribution cabinets The batteries are installed in prefabricated cabinets and identified as strings. 2-12 volt batteries is equal to one 24 volt backup string. Based upon the AT&T Project specifications, 4 individual batteries are installed for 1 radio base station cabinet for the equivalent of 2 to 4 hours of battery backup. AT&T typically installs 3 radio base stations thaf require 12 battenes total, Piease :^ee tlie hazardous material calGulatiun Utiluw and ttie atlactied tefeienced information as required by your application. MSDS identifies 19% battery weight Electrolyte (sulfuric acid) GNB Marathon Battery 53.8 Kg {118.4 Ibs) 19% X 118,4 Ibs = 22,50 Ibs per battery Hazardous Material (liquid) 1 gallon = 128 ounces, 128 oz. / 15 oz. (1 lb.) = 8 Ibs per gallon 22,50 Ibs / 8 Ibs = 2,82 gallons of I lazardous Materials (liquid) per battery 12 batteries x 2.82 gallons = 33.84 gallons of Hazardous Materials (liquid) for installation of 3 indoor radio equipment cabinets. Based upon the calculation above and the Instailation of 12 batteries or less, AT&T is below the 50 gallon limit identified as the maximum exempt total for Hazardous Materials. No additional fire protection is required unless the local Fire Marshal determines there is a significant fire nsk to surrounding properties. Please contact me directly at (760) 815-6669 if there are any questions or need of additional information. A>ii!.honi(.i(.i CGnirector Represcn>a!ivf: for AT&T Kobeit t Medina Blvd , 3ut!e 200, Sar Di-'go. CA 9;" M.\ IT' RI.AL SAI' KT V DA I A SHI FT I. I'ROIX C I l[)t,N ( ll l<.Al UJN MAN?:; :U'li;;>hK "i<.\ )i: SAW^i. \ iAS,\ WU V 11 :K: r)[^i;.i^;ll F.^,Jc lr_ ,:[^ ;i>:;.l o:; 1;:"' •-•!) 1 . :d / ^iJ B.dLi-v ••.Oi> <,.x-\:s ::i-,u,- ;•(;[', |\F(lRM'VnON ,-\M ILY; ! lecln. li S-i.r^!!.:^ n i'rjTini-;. 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M,i;':.riC', -,ir:'L;!di.>;; rn , b i ,1- ::\r:..-' i-.cA Pi^d .;,irri-::- [V.r r^r,>;t4u.-d pcn-u:-. i>:P=::ti: '.vitli.-u- ^ci;! L.;lp^ i;; plii^t. IHA} trc.Ui^ a ,;.T.ii.ii;;i:y; .;r';*jvp!:v-:'C :;:c i L:-L_i-l':-;.!AU!.!dl:- • ^ -'^-d ^ iiU !:i::;;'.i;^r, i:ki-A ;n ,L::in>d: ;;• , ^iii:;,:,, J.;:IL^ ;>P .,^r.. d' ui iii !> l,'L-_;i:^ ;i; i.-ri--fij;. i .McJiviil ( iiniiilicins (iiMiuriiliy .A^^ijimuit-il by i-Aposurc; ! (•K\:k:-:p )-iiiL- !ii viLMiiic ;!c:d r^li^; nip ;;ILI';O dmp .;;:d .•:'.:y.y.^.M:: :.Hriiv..:i;:: v (d>y.Uxi c\c^\<:d\ic - i iiid .iiiiPiMC :!-.:d ::::'[\i.^r:) unh ^klJ T:,;'. ;ipp;-a\ dU -ki;; di:^^-ii~.c^ : •y.-.i ;i> ,;i/ci:];. ^[C ,:('i;U;:.-i dc!ii^aiJh', r:o;u.i;;; .•:'cU^.!io[vr^ i {^valcr w.;.d ^,al:L]r;j nuiJ M)l!.:ioii) v.idi 'cycb may di\:^;x;^ .-on:^;^ ii;id/.;r ^u'\:\u tliicyc^-. P-o:id aiid i:>: CL>ii:i.>OL:ids ^ij; ;u':.'r;i>..;r I I'mtT^ciu-y ;i!i(f I'lcst Airi I'cocctliirc'v; li)li})hilii>P): I ScCdpAjc Kc!;:o\c :•.> lr^;;h ~y,r i:rii;i:\i:;!it-:y li'brci'lhi-.y di I'lii „P ;.>u c os,\ ^L;:. ' ^ '•'•-'^ ^•^:r)P''?i'''b' i<o:T:ovc lr:;ni oxpo^nrc, i^:irL:ie. no^e. >;>;:^, .;nd i:p^: :;onsijii :•'i;^i!l:idl• : liigesiiofi: I' ipyiiopvic. Gi>c ;ur^c: i.;i.aniait'.i (;1 vvi:k*r: tio nut nui;;; i- v;ii'n[idiy,i ^--ir.^dt phv.-i-.';an. Skin; rici.iroSyiC. fdti-d; iviih i.agc x.r,cmi\> vi -SLIEC;- 15 :iv:ni;cs i.;;L(;sv cbLL^nuiuncd i:!o:li;:iy ,a!!ii:i',c!,:A, •fudindiw. • h^)C- :i;-d dii riot cl.itlic^ .!p;i:tt iint:. . ^L^.^ni-i' If !;v id iv -i>[:i-.!-['.; , .fi -.bo.-^ ii->v.->-...- i^iip d'.;c;ir<' \l tii^rv c-<.ii!;.i:n leaiiu-r lx.iJ uiiiij'pUiia;:. vVa-di d;;i-CLiiiiU-:y wal, :io;ip ^si^ia. l.cLid con^pcuur: 'iiC ri^! ro,u1il> ;iiv,,,,rPc!l [hM^up.fi ihc ^J;i]i. K>es: i ,lciyu';y!!.' a:-;(i I ,^.id i-iiriipoiKidy \du.Ai .I<)]\I!:'MI\U:IJ vvid; i:.!n;o iiirot.nK n'" b:; i;';^ •;: I S '.tv-v.u-.-'y i unsidi pn\-;iriiii. i:j.]i'icd:;i!Li\ Vll. i'!a;< ,\L i IONS I okSAi I, UANDLI.N*. AMD i si: fl-inilliiii^ aiiiJ Slurii^c: S^>ro h,-|'!0;it;-, •.i\\d:i rouiA}, loul. d-y ^^-f:-\'i::i:il;!;^.! iir^.i-- ]h.i: :y\- ^i^•uudOd l:0;r ;r;Lt>i;ip,ditdc ii:ateri;d:. ..nd tV(.ii\ .-.-A:: yi-.-.'- vv!,)!.): iVi.y, cniiiV.: Un^n^- spaiL-., nr |-;;,d Kocp LLVU.V ['I.,.;;! i^iciisllit: i;hi:::.l-. di.it i.oi].d ij'sdpc ih;: r;!r;n;n:d^ ('li J l\a;crv :.:7 i-:c-yc :. di^iipc:;;-;!;: i-hiTl-Ldrc :i: Siiy.,; b;r:;'ni-5 pi\;;' r-i -•.P'd cij.lric •iu:;;i'; hul tt;er;^ ];rp h;; av:i\i:i p n-k :d L^C^AVI^. noik [A^;>: :;[; ::ip- ^d\•o:^;;^;CU^I h:aii:r;c-. i'\i;,vd;::p :b;L;e l2•^xdI hi:,!-;. ( h;n|>inji; ;CI:L! sdi.i^yc.!. M.i L-olV po\s.r ^. u-y--. \\-\^:]y-.A -t i;>c ^•:y<'r_ Ji':,-„!;ni;:;;; i d -iip; .,iri:;i:i L\.;-i:c:n(>[(;; ;;ri"^(x;:: •.^••.^^l.yd dl .;v,ii;;;;Uc -s.;-: yAc i,-.- ib-:;,:!.]:;r o;.>pc:, y:.-: bdx-r-d.iy -p''^ - 'd;iKLh; !>;- .:ilf;i-)iC,i K.;.;p l\u^:r^ \ ji'l w::\. ir pi'-j'iU't lb-<dvb'i :>-;Mi,i[':. .wd auj .' c:; :f::,;u ,d' d;:;'Lc^ .i:id -b'-'i"!-;- :xMdx' \\ v, ,:i,,: o^ui-:>tc, :::'i! -^.bc;! i,;-a: r:d!,-: :v- Sp'ill Cl I IMK I'r'.iicdiirc'-: yd-.-y -y' ;):sp,iiilb,. !-::/.ird.-,K -.v as,:. i[ V:\\y.yry : !; ;iPi pi.ico bail.T'- 'ir a v'.;b p tyyX-: h.i:- V'.P:,;] „L'J ;C'>M lil? \'--\ id I A• ; \'d 11 d i d \: \\y : \ Akp i ?. H ; My \ PKI'.f Al l H').N,^ FOR ,S \FK. HANDiJ.NC; A.ND ['St. (C0^ !dM i.'Dj W ii;,Ur Dis|><.-,ni Mtlliiid:,; rii,:dit;;c Acid; Sc^iUidi/:: :.• i,:^::-!a idcd y.'.)o:y ii 'i^id. L-'-d^\:\ "ti^'^ jyi anri piaiv H. L')id;ii::i:t d.;;^d:d a> c'lnu^iiiiiip r;;)/!;;t,.::i$ •-s;i.ao [);,;piv,e i.iA;.> =1 h^L/,it^!Oli^ ^^":l:;•,^ h i,iicv;iti!jn ahout !:iri;li:ip pio^':,dLi,;;s, ;ad y-.>i:; ICK;,: ;iat:c,) di-!nbMK'< .n li-ii'd ^:>n(ac!. iH,5 NOI Md Kii PPAid (:A^ . AMINAIFD A(dl> PO SbWHK b;)i;::! haUcik^ S(;:;d •:LH-0!nLa;v .0 id ;i:C\v:h:ip lo!ii!'-.i:i;;; a[ydival!e ivdcnib >:.;ic, .ind loca; reL;ai.j:;.;iis I f'rttuiiiioiiary l.;ibeliii^; ; POISON -C'Ai!S!:.SSbVfd(h Bs.KXS ( ORkOSIVP - (A'NiA AN?i!j[.d-^'U KP!.;-' A'AbVV l-W>\i Ci 1I!.L:RFN Vlll. CON I ROL MibASlRf S Lbi^ineiTiii" C.'o^iirels und Wiirk ri;u'.lki;s; Sa.'ic .iiid iiaiidi!,- i;: v-cli-.a;i'i.d;:k;(j ai,.': , nd!iCL:bann:'il\c:i;;lau{!!us i^td :jf-np>a::cn s m-.^: Pi; acid-^•rirAanS M^:;^cli• harr!:^-iC^!K;;n;> iv Mhkci;cr: dn \c.yy, <.y.'.i:i arc oi; '••ycytciy H" b:;'U:;"/ ^..a':c i-ani aped. :i~yK i'vddy c;-da;:; viilh • r.;i.-;r.i;| •„iPirp.-i;^,';i;,'; Wb ar p!\'ti;i::ivc dndLi;':^, e>;- .i^id i^iiC pruWclKii:. Vibi;;:; i,h.l;'f^ii y or :ii;:id' np K :i-:\ :<:.- F^iliow ab ;;i;iiiunH.tii'i'i"-'' rjcui'iriu! id;ii;C:;S v.d:Li st;;!jlsdr.L' or pa!k!Eb:,;r;[? Do iu>i. !ui-v;v ;r,-:;Uini'. n;atL'r;als vii d;e pii bn\,- and ^cnjUvc icrnaia.'. of tlic laui:::.?. l'^;- a bather; ciricr hli ;i iullcy oi pbicj: baiu!;' iit oppo;;;U' vOincrs U: j as^>id >i'!iliiny a^.d dir;)u;d'. ;he '.ans-: Avi-.i,: • ,--Myci xh''- :titf!rr'd a(^'>-,p.'ii>"r:i> cdAli'V ba:KT;<:K \ I lytiit'iic ('r:"U'tici:s: I Vvba>ai b^-id,'^ th!,"r^ai;;ld> bi:iu;f e.:h(!2. (biiikln;^ or ^;fni>kiiiy alU:r' hundbrsa b;i!!cr!C-a Ri'.spiratoi) Protei'tion: Nv->nc rcqaircd leader aurritd < OEidnion^ I;" ua u ^ c; ..I lai yaiv. oicihv.iiiiip, c^.'!id!dy!i exists and conccr;: radtMla y'. >y.U'y.r\C at id !m<i ^re kn-'i\[i IT >i;sj)^alcd -o "vaai-d Fid_. use NIOSH i';' MSF[,\'appnpvad vc5.pnaUji-> pTviiclh-y,. Proletiivi- Ciiiiliing: Ni!ni: .{Uired dndc:' ytC-nw.d cc'yid.:\K'Vsr. if banu:?y ua^t, i- damaycd. :i;,c ruid'!;:- o- pia^d;: .;«.;d~rc-i;;ia:;! idmc^ ^viih cibow-lc^i^ld paui-Ucb ai iJ-icsivian: ::pii.iu. cii>;h:ng, ;ind bai'ls. V.\e Pri?tce!if!n: Sone ioqiiiicd unde: (uinii^i' ;,ur;did"i;:.. irhauety msc daiiia^e-.!, ^;i!:n.;.:.;i p-y-j^lcs o-- i-.ic-,: rdiirid F-nji.'rf.t.-ncy Flushiiii!' bl nri-n'i, .\l,;.Tc .\aivr an;; •^•.J;\;r!i,- a^ id sobitb>ns aic n.i'id'i-d :ii iMi,iji;:ar.ai. ai? ;;ra,>l;a' ibaii I'M. o:n:;rL;ia;i.y t;;;a-.\'a;lt ; tadoas: :::"id y-\n',\\L':s ^buuk! be prov-Kluii. "i'.iih iadiiiiiicd '.v,;;ia :>nppl>. IN. OrilKR RF.Cl I.ArOm IM'OKMATION NFPA H;i/:ir(l Itatifig for sulfuric aidd: !'bin';rmbb:;>{Ri;d!-=0 Ir^aiih flih.:e") - Rcav^iu'x Ci^yyv.) -2 TR.\.SbSI'<>RIAriON: l.-S !)•) r idt*:Hi;iaad.ir and dy-.:) ii-lioii AT ih!;< haUcry Baiua-c-. vv-vL niia-.p.bak:;a '.'K lbi:i'. fA; ill liAcepiiiVf- ]"^,^.1-^M. P^K-ayrapb bd ( !~ R P:*) I :M ii:r •aipiiivni.v >ta_ iaScna^K'n-i A:: 1 r.ia^-piadadon .'v--,i.!ar:;,a' il \ [ A• 1 •:lj;i/,ei<!U> '.iotj;!; RtaauAd^ma Manual spociid I piiAi^don-J A-dS aad A-fw foi :>L^ai! yh-y-ycni-i. rriaianLV Libaa,^; \'a;:ri;ra'!b.riy^r;ia-: u^^i^b i; a.dc, P :^ Id; ^ Spiik.b'O Bana;v'" i K( i<.\: Siicn; i-;a; ai id Ixni^-ra-; ;ra la^; r.',.a b:ivai ;-a/;::dau> ---lw w .y.kc ^p!dcd iiidd:i(: v.-. id a. t baia."cu^Ua aia.ad; ;i;. /•f-/.\;M A-\i\R-;idlVp K,-. A: -'^-^fCr i',;: a • ..1 > Wl bib Ai ^1.1Mi s; Id ; a . ...^ 1 A HPb r*d b b;p\ I\- Ol 11 Fk KF(;FIA !0RV |;\F()K%F\ rH)N i( ONTINl FDi ( FKCF.N fS{||.!La lumJi and Fr< RA. (''y[)yy::\.\y }i'7\l '.y KIVAV \a!i I.OOD Ibs. Sta:e :;!i ' !i,;a; i\.po:-LibA yn.; i-i:;a^ b>r spdAd ..idbariv aa;d irav -:i;v •'-1 baihrir ,iaid y^ liw: "I xaaaicd : ia,'j:doLa S„K!an.a' ;.;a!-a id-(.,:i.\. .s;P. a Ibraduhd bb .a,,;:!' g.a.arif. i I'pn.;:' l,()nd U.S. Id'f .R,A Sa.,'..!-n ;•;>!••-.:,i; a; ;• faa;.iiri-d y.' I.flOH Ihs - a ry.Ky M ,,dha:i. auo ;-a-c:ic:i- •.: --y.-. \y. i-.^y,..:^ aii;an:ud;,?.'Ci':i::;.-'i; yd r:.bi.:y at.ala,ii> ap;v.,!xia:araA > :bv ^b > dbir;, ,u:d (.i.r;la':: yyyy. !:-.vy.:..asaiUan- a !or nddfhana! iriicrirra;iu:: i d> ! I'bdiA ScAiaH did i i v-.i iv;>.a-!ai!;,;-, ix.aa.rcd k'r aia:-;i..:r.;-:..bvc ;';.Lb;r,a.. J" - uiha.a ...^..i :a:;:a::a i;i ^p^afbA;; o: 5l'll HIS ar ilK-la a:'db.r ibic:!.! is piV>.c:i! ;:: iy:,:al:![CN nf" kbPai) ]]••; ;a jaeae. I e: SiJ|i|)lnat \iifification; \ ai,; pl.',bi^; -^<. aa^ia. a ro.va an.iaic d ^a aii.aai^aiN -ai-K-l i. pai:!;;;: ,v'.y:i:viainLv --.d ••i'--'w-y .'•. "S ..ab ba b. • di d,c S.:pc!:dii,i .biuas'vlH auK aad :<oaiUb-,*:i:'...! ."i Ati id' Aixb pM ; R pj-; C')uadr.il i^.AS k.''b'-"'d.i!b,a^';:-,^'d [laM(Pb) 'A;b;^02M 'M-d.. ibacu[d-.a;. S-dl.niv ,\.a,. "f>od-''.i-y :- -\K I: di->:r!,-a;(: dn' pK<da-.r la t.ahc; maiaibadaiv!?: a, ^ii," Oudc . da-'..ah 39 du'. ad'urin.ilio- aa; i ba "--..viJcd ^siii i'u: td -a ;diipa:^!a! aalaialar yva-. Note: Mii.^ S::;t^^:ii 'Si ^ -.aia'aiar rn!bn'~abu]i laqiaraaua;; doc:^ y\iy .ipniv in b.ibcr!;A lliat yy,v 'baia:;.!;:.: p;aidi.^n' ( .\A: l-.\:dc l-CL[\y.c-\-yV;yS ••app'^ns O'C^v-li-iUv;: a^Uaii^ CiXiLijriuup '''/.-.'yy dty.::vyy<, ai v.-.y. al:i^i,is;v;'^;e d'a: b' ^:\\d:y-\^y^\ !dAdA ?::w. •ydici- .../laic d<:pl-A;;ip ebeaiii:ah (dd'^Fdi, diM),cd I y PK- rSBI'A dd.i;-. I ,-;id~a;;-aKi;> Pu:-:a;ai:i ly< St-CIiOii di I 7 'ix (dean .\ir A^.'. Ai:;a„di:iaiii-- 'CAAA: vi I'/V'b iKi.ili^cxl ii'i daa-.a;: lb. idVb i,\;aa j-.:!ih!i^bs.-(!pod^^ :i> ci!ia:;!:i!a !hc as^; nfCia^- 1 f>|)rM luio; ;u d:" M^y {:. P-JdJ dauddin; I S(.b\: V/icn iiiyAdaa:; i!i;::i;i.;;i; a^:cd iii Sa.dnji 11 vfddy Mbk'r^ > ab.) \ \>hd an d.t; . SuA Rc.A:^[i\- CANADIAN KFiGFFAd'IONS: Aii c!:ii^ac:d .id-^staac.a a dm y:odyyl a;v b>i^d vn ibc iTl'A DSI.dM't>d. ar arc ^AOiupt fVoii; iia :aQtj;n:iliva!;s ( AI,IFOKNl.\ I'KOI'OSrnO.S (.5: ••\V.\RStNS; 1 ai-; piod,;^; vOii:;):!!;. laad. a cii^ada:ii ktyy-w n bi Ma;c i.-l i'ddilianai la L.;a^e a.i naar. or b i:d-; ^;t•da i\ o; i>';iC; (a:>:'i>d;..C(iVi; a<(Hj\ " [d<L.PAR!dj BV l.VDIdS'sRIAI H'Wi-.K ,\ .AJViSiON Oi rXlnr M.idbNnH'Olld^ .•V^O SHbSi X AVi-'\UF .AURORA, ii Aijaf'd 7d;;2 (SldJl >{:d-lMVl Vd'XrHd. AND fillRli ITFSONb ASSUMh 1 ili: KINK uF iN.ii d(Y i^Ri^AIMAl !'kY CAF^Idd i^V'idiP vPA I i Ki.M il' kl-ASONAiU.F SAi id Y PiUK'ddJFKLS \kF Nul bOFLOWfad A5 PRPiViiHd") l-Oi( IN ii ir DAd'A Sill-i-'d". -Odi \b"bdK.d; ^iiALF Ndij DP PlAllbi- I'f'k ;N.U.dO' J'"' vrNlJhFCikblliRO PFRSid^N PROX!\b\ idd.V CAlNid; FV AFWOddi-sk FSj (1 i Ud M.VIKRbM. ;-\d-'S IFRIbXbO'dAin F !d^(.K.d-Ib. \r, < .\Kb Hd 1 OWi i'^ ALI. 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Ot:mu!';i;k, Uic c-i..j:r< .iy i-c will nv-! f.ow fri.,>!n u n:j,il'irL--i v^r L;r;K.kc*i cat,-*.- auv) liicju a-; I'^x-'..- FAV. i hiT ii'£iXiaAe> -Xickauc-.! hiV.X' ye.-b pixiesjtsd uyauiNl ~.h-,'bL-c!:ci.idii;,^ •j.r.d in:u7:y i •'y,:iii-'>("a;Ldac H,dW; >' lC'jrcc:s mikcd skSd! !,lJia-,t.'I..I "X.,.;j SyRP-Ptlie" F.jrrr^tv ^.jfr-. aatr AiXSbR,v PR Hb 'KGSO; 'V RF xx OMAXRXM'Ai A:AH.\I UF>\ •^PRlNTXlv •-a 'V s,: i:, . \ aXbyvFy-l •. • -ll -v, ai, . • •;,y^-/ ./ DitOLX r. ] -^•^ ^ ---^ k777-y-'X-^y-: ---:7 t;|P«---^diXxtai?,: I li a.GbO lb"! .Xdv-i- r>v a PAV RXT-d-R-^ TRAX bV GM3 .XdFI A' :Md:\i;b a^ :aci,iiiL^ii i-f. a|.i,oi.-ii -Jl i'i.ac- isC a.', • ••• aLa..-£ST U:? Ai.ii". -s.av --tcc i, IM.. fo- "'<•: 'a^frtiiAva;. r,. K,a;.>, roi; i^-i^ viF IAi'lxO v-X- !«• t'S-'i'^ti;? aii.' -ba T?-S w> ?:! .is^itl- u"Cw '^-<:i-C ty : dRAWN C-TCyEP XCif:-' •• 1 \ /-A .^-iSl^diL •'V .; ; fp b{7K RJ77 mm^c7 Ericsson Part Number: BMKU 201 113/1 Small 24V Vortex Power System 540A Initial, Kxpanclable to 1980A n+l Halltritxs ju ovUlt 620'\li fur approx. 1 hr i);KkHp lor a 42{)A load I Distribuhon; I • I vvo 24-position rails and one 21)- i position rail with LVLD for circuit i breakers rated 5-250A, • [.-'quipped with two 5.4, two lOA. three ISA, two 20A. three ?>0A, two 80A. one U)()A and eight 200A circuit breakers. • iA^LI.) contactor on third row MCA controller: • Provides control, monitoring and alarm llinctions for the power plant. • f-'thernet access I Rectitlers: I * Three rectifier shelves vvith tour i roetiner positions per shelt^. i ' ibcjuippeti with rour427."^W phig- I iind-play reetitler modules. \ Balteries: ; • I'ui^ hdik-MA ira\s vvith ("our ('JNB , MI2VI55i-T Strings. • Total 620/\h in main rack, i ' 15t)A disconnect breaker per Sinn: 7 .biiv 11), 20(bS Rev•i^ion (b AT&T Mobility, LLC FCC License Info Vl.S Liconso - i'(.:S t^idXKibnnd LiW^se - KNIJ-20S - S[,\\ CASCdn.AR VVII^MLSS PC... Paiic ! idr2 UuS License PCS Broadband License - KNLF205 - NEW CINGULAR WIRELESS PCS, LLC Gail Sign Status Market Market Submarket KNLF205 Active MTA002 - Los Ange!es-San Diego 15 Radio Sc;rvice CW - PCS Broadband Auth Typo P,c!gular Chaidiic! Block B Associated Frequencies (MHz) 001870.00000000- 001885.00000000 001950.00000000- 001965.00000000 Dates Grant Effective 07/07/2005 04/2472007 Buildout Deadlines 1st 06/23/2000 Notification Dates 1st 05/05/2000 Expiration 06/23/2015 Cancellation 2nd Znd 06/23/2005 03/14/2003 !.!i.en;^K(^' FRN 0003291192 Licensee NEW CINGULAR WlRfrLESS PCS, LLC 5601 LEGACY DRIVE, MS: A-3 PIANO, TX 75024 ATTN KbLLYL [?. ABERNATHY Type Limited Liabiiity Company P:(469)229-7422 F:(469)229-7297 E:KELLYE.£.ABERNATHY(a>ClNGULAR.COM Contact AT&T MOBILITY LLC OAVID C JATLOW 11760 US HIGHVMY 1 NORIH PALM BEACH, FL 33408 P:(202)255-1679 F:(561)279 2097 E; DAVIDJATL0VV@CINGULAR.COM RriUio ScivfLe Type: Mobile Regulatory Status Common Carrier UUerconnected Yes Alien Ownership The Applicant answered "No" to each of tho Aiien Ownership questioni-. Basic Qualifications The .Applicant ansi^'crod "No'' lo etich of the Basic Quahfication questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. hup:'. ujrclcss.1.ll:e.g<»v-'l 'li.\]>p'{ l:-Sc:irch-it cense. jsp'.lieKc) •= {>8S?.&.prinial)lc 1()--9'2rd)7 i.:[.S License - PCS Broadliaiid Liaise - \VIV.Y685 - Ni-AV (1N(UJ"L.AR WlWTHSvS P... Pane I of 2 ULS License PCS Broadband License - WPZY685 - NEW CINGULAR WIRELESS PCS, LLC Call Sign Status Market Market Submarket WPZY685 Active BTA402 - San DiegO, CA 2 Radio Service CW - PCS Broadband Auth Type Regular Channel Block C Associated Frequencies (MH^) 001895.00000000 001910.DOOOOOOO 001975.00000000- 001990.00000000 Dates Grant Effective 02/15/2007 02/0S/2D0? Buildout Deadlines 1st 12/0//2UU3 Notification Dates 1st 01/30/2002 Expiration 01/03/2017 Cancellation 2nd 2nd 01/03/2007 12/15/2005 Ucenbec FRN 0003291192 Licensee NEW CINGULAR WIRELESS PCS, LLC 5501 LEGACY DRIVE, MS; A-3 PLANO, TX 75024 ATTN KELLYE E. ABERNATHY Type Limited Liability Company P: (469)229-7422 F: (469)229 •7297 E:KELLYE, E.ABERNATHY@C1NGULAR.COM Contact AT&T MOBILITY LLC DAVID C JATLOVV 11760 US HIGHWAY 1 NORTH PALM BEACH, FL 33408 P:(202)255-1679 F:(561)279-2097 E:DAVID,IATL0W@CIMGULAR.COM Radio Service Type Mobde Regul-itorv Status Canimon Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic QMalifications "Ihe Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land biddinn credits. iitlpb-/uirL:lLSS.-crcc.eov'UI^Apjvl 'IsSeaadi-licease.jspdlicK.e> .':(»!iKi'dOc^'piinldble !U-'9/2f)!)? UI.S Ucense - PCS li road band (.imise - KNI.G655 - New ('insular Wireless IVS. LLC Pai>e 1 of 1 I S Lice-"'.';*-' PCS Broadband License - KNLG655 - New Cingular Wireless PCS, LLC Call Sign Status Market Market Submarket KNLG655 Active BTA402 - San Diego, CA 0 Radio Service CW - PCS Broadband Auth Type Regular Channel Block F Associated 001890.00000000- Frequencies 001895.00000000 (MHz) 001970.00000000- nni97s oooooooo Dates Grant Effective 04/17/2007 08/16/2007 Buildout Deadlines 1st 04/28/2002 Notification Dates 1st 04/08/2002 Expiration 04/28/2017 Cancellation 2nd 2nd FRN Licensee 0003291192 New Cingutar Wireless PCS, LLC 5501 Legacy Drive, MS: A 3 Piano, TX 75024 ATTN Keliye E. Abernathy Type Limited Liability Company P:f469)229-7422 F:{469)229-7297 E:ke!!ye,e.abernathy(aiatt.coin Contact Ar&T Mobility LLC Michael P GoQQin 1 120 20th street, NW Washington, DC 20036 P:(202)457-20S5 F:(202)4S7-3074 E:michael,p.gogginrd'att.com id .*!S,^^;'bd;p tiytd iH^al! nc • b-cn;.-> Radio Service Mobile Type Regu'atory Conirnof! Carrier Stdtus Interconnected Yes Alien Ownership The Applicont Qnswcre<l "No" to each of the Alien Ownership questions. Basic Qualifications Tho Applicant answered 'No" to o.icH of the Basfc Quadficatioe, questions. illlp:..-AM!cless,': iCL.env 1 Ms.Apjvl -'l;iSea!l;!v••1icen:^lJ,j'^p^'!irkcy ••'•IO^}24ttprirl^ahic I0/V/20U/ I'l.S License - Cellular License - - Ni:U ClNCiLU.AR WIRI^LLSSTl'S. LLC Faeo ] ol Cellular License - KNKA341 - NEW CINGULAR WIRELESS PCS, LLC Call Sign Status Market Market Submarket Dates Grant Effective KNKA341 Active CMA018 - San Diego, CA 0 Radso Service CL - Cellular AuUt 1 ype ReyuSctr Channel Block A Phase 10/01/2015 08/16/2005 Expiration 02/08/2007 Cancellation Five Year Buildout Date 04/11/1991 Control Points 2 3785 6TH AVENUE, SAN DIEGO, CA 2 Verizon Wireless-NOC West, 6 Campus Circle, Rm 8322, Westlake, TX P: (800)264-6620 FRN Licensee 0003291192 NEW CINGULAR WIRFt.FSS PCS, 11 C 5601 LEGACY DRIVE, MS: A-3 PLANO, TX 75024 ATTN KELLYE E. ABERNATHY Type Limited Liability Company P:(469)229-742? F:(469)229-7297 E:KELLYE.E.ABERNATHYrc(iCINGULAR.COM Contact AT8(T MOBILITY LLC DAVID C JATLOW 11760 U^i HIGHWAY 1 NORTH PALM BEACH, FL 33408 P:C202)2S5 1670 F;(561)279-2097 L; DAVID.JATL0WCSCIMGULAR.COM KadKJ Service lype Mobile Reguiatory Status Common Carrier piterconnected Yes Alien ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No'' to each of the Basic Qualification questions. hup;'••\\!rcles.s.-'.tce.;>,{'N LI:--.-•\pp.•••Ul^,Sc;.ireh,dK•cRsc.!sp7lici<.e^ - i27f>S&pniildhlc ...'l,S License - PCS Broadbiiud Li~isc - KNL(i.S41 - New CinL'ular Wireless "8. LI C Pai:e i ot PCS Broadband License - KNLG541 - New Cingular Wireless PCS, LLC Call Sign Status Market Market Submarket KNLG541 Active BTA402 - San Diego, CA 0 Radio Service CW - PCS Broadband Auth Type Regular Channel Block D Associated Frequencies (MHz) 001865.00000000- 001870.00000000 001945,00000000- 001950.00000000 Dates Grant Effective 06/12/2007 06/12/2007 Buildout Peadlines ist 04/28/2002 Notification Dates 1st 01/28/2002 Expiration 04/28/2017 Cancellation 2nd 2nd Li c^^*;! see FRN Licensee 0003291192 New Cingular V^ireiess PCS, LLC 5601 LEGACY DRIVE, MS: A-3 PLANO, TX 75024 ATTN FCC GROUP Type Corporation P:(459)229-7422 F:(469)229-7297 E:KELLYE.E.ABERNATHY@CINGULAR.COH Contact AT&T MOBILITY LLC Kollyp E AhPrnathy 5601 LEGACY DRIVE, MS: A-3 PLANO, TX 75024 ATTN FCC GROUP P;(469)229-7422 F:(469)229-7297 ErKELLYE.E.ABERNATHYJICINGULAR.COM Racio Service Type Mobile Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the AHen Ownership questions. Basic Qualifications The Applicant answered "No' to each of the Basic Qualificatioii questions. Tribal Land Bidding Credits This license did not have tiibai land bidding credits. hnp..-';'\s irclc-.s2 Ice p)\ 1 MsAppd M.sSeaich/jicensc.jspVlifKcs 99?./ttprin!able \{797n{}/ at&t PROJECT DESCRIPTION & JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILFTY SD0483 Poinsettla-LTE Optimal 760 Macadamia Dr Carlsbad, CA 92009 Prepared for: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Prepared by: PianCom, Inc. Contractor Representatives for AT&T Mobility, LLC 302 State Place Escondido, CA 92029 Contact: Karen Adier, Planning Consultant (760) 715-3416 December 9, 2011 Project Description (SD0428) Page 1 12/9/2011 at&t PROJECT DESCRIPTION/HEIGHT JUSTIFICATION AT&T Mobility (AT&T) is proposing to upgrade its existing wireless facility at 760 Macadamia Dr in order to provide expanded 4G LTE (Long Term Evolution) service consisting of updated wireless voice, data, video and local area network (LAN) applications to its customers in the surrounding area. The original project was approved under 94-06x2(a)/CDP 06-08. A copy of this approval is included in this submittal for Staff's reference. AT&T will upgrade the existing site by removing all the existing 2'2" foot long panel antennas and replacing them with new, 4-foot long panel antennas for a total of 12 panel antennas. The antennas will be located behind existing parapet walls and are not visible from adjacent properties. Additionally, 24 Remote Radio Units (RRU's), 12 Tower Mounted amplifiers (TMAs), 12 DC surge suppressors, and one (1) new GPS antenna will be Installed behind the screens. The existing parapet wall in the northwest and south east portion of the building will be raised 2' 1" to accommodate the larger antennas, raising the maximum height of the parapet to 39' 10". The accessory equipment (TMAs and RRUs) will be further hidden from view by adding architectural runners to the parapets. Photo simulations of the proposed upgrades are provided with the application for the City's review. AT&T will add two (2) indoor equipment racks to the existing indoor lease space. The; specific location and ciesign of the proposed facility is illustrated in further detail on the site plan and elevation drawings. SITE CHARACTERISTICS The underlying zoning of the proposed site is C-2, General Commercial. The current on-site use is a three-story hotel. The surrounding land uses are as follows: North: Commercial South: Commercial East: Commercial West: Commercial SITE SELECTION/PREFERRED SITES PER SECTION A.l. OF COUNCIL POLICY 64 The project site is zoned C-2, which is classified as a non-residential zone in the location guidelines adopted per Council Policy 64, Section A.l.c. As such, the project site is a "Preferred Location" and is encouraged by the Wireless Communication Facilities (WCF) guidelines. Project Description (SD0428) Page 2 12/9/2011 at&t POLICY 64 C. PERFORMANCE GUIDELINES 1. NOISE/ACOUSTICAL INFORMATION AT&T Mobility's upgrade to this site will include the addition of two (2) indoor equipment racks inside of the existing lease space. No noise will be generated by the additional equipment racks. 2. OPERATION & MAINTENANCE Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, an AT&T technician will service the facility on an as-needed basis. Generally, this is likely to occur once per month during normal working hours (between 7 AM, 8AM on Saturdays, and Sunset). A computer may handle much of the operational adjustments remotely. An AT&T technician in a service van or pickup truck-size vehicle will perform the routine maintenance operation. Beyond this routine maintenance service, AT&T typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted during an emergency. 3. MAINTENANCE HOURS Maintenance hours per Policy 64 will be followed. The site is not within 100 feet of residential property and would not be subject to the restricted hours for maintenance. 4. LIGHTING No additional lighting is proposed for the site. 5. COMPLIANCE WITH FCC RF EXPOSURE GUIDELINES All AT&T Mobility sites are designed to comply with FCC RF exposure guidelines and follow up reports will be submitted in accordance with the policy guidelines. Project Description (SD0428) Page 3 12/9/2011 at&t ADDITIONAL INFORMATION REGARDING THE APPLICATION HAZARDOUS MATERIALS Sealed lead acid batteries are used for back-up power in the event of a power failure on most AT&T Mobility facilities. The batteries are often referred to as "gel cell" type batteries. OPERATIONAL FREQUENCY CRITERIA The FCC has allocated a portion of the radio spectrum to AT&T for the provision of wireless service. The proposed communications facility will transmit at a frequency range of 850 MHz and 1950 MHz. The power required to operate the facility typically does not exceed 200 watts per channel. By design, the AT&T facility is a low-power system. Depending upon characteristics ofthe site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non- ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the Federal Communications Commission (FCC) standard for continuous public exposure of 900 microwatts per square centimeter. The proposed PCS communications facility will operate in full compliance with the standards for radio frequency emissions as adopted by the FCC. Project Description (SD0428) Page 4 12/9/2011 HAZARDOUS WASTE Development Services AND SUBSTANCES Planning Division CITY OX- CARLSBAD STATEMENT P-1(C) 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Govemment Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the Califomia Environmentat Protection Agency and hereby certify that (check one): ^ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. r~l The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: AtvT' /llg feW/fcj LLC^ Name: Vft^rU^^ fUhlshcU , Address: SlT^j^ VaClhc^ Cc^il^'hr. Address: BjcKcT', ST^JGf Phone Number; Phone Number: Address of Site: ^kO f^LttLJL^./nt AJ 7^ Local Agency (City and County):. Assessor's book, page, and parcel number:. Specify list(s): Regulatory Identification Number:. Date of List: Applicant Signature/Date i Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) Is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 07/10 LawyersTitle Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949)724-3170 Black & Veatch Our File No: 12404099 - 10 Adeline Connolly Title Officer: Chris Maziar 9820 Willow Creek Road #310 e-mail: unitlQgiltic.com San Diego, CA 92131 Ptione: (949) 724-3170 Fax: (949) 258-5740 Your Reference No: SD0483 Property Address: 720 Macadamia Dr, Carlsbad, California PRELIMINARY REPORT Dated as of December 21, 2010 at 7:30 a.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 polides 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 //ens, 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 titie insurance, a Binder or Commitment should be requested. CLTA Preliminary Report Form - Modified (11-17-06) Page 1 File No: 12404099 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Pinnacle Carlsbad, L.P., a California Limited Partnership 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: 12404099 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Lots 9 and 10 of Carlsbad Tract No. 81-5, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10899, filed in the Office ofthe County Recorder of San Diego County, April 11, 1984. Excepting therefrom all mineral rights not heretofore otherwise conveyed or reserved, including without limitation all oil, gas, hydrocarbon and similar rights, and all water rights, geothermal steam and steam power, within or underlying said land, together with the perpetual right of development thereof; provided, however, that the rights herein excepted do not include the right to enter upon the surface and the top 500.00 feet ofthe subsurface of the real property. Assessor's Parcel Number 214-450-31 CLTA Preliminary Report Form - Modified (11-17-06) Page 3 File No: 12404099 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 ofthe 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: 12404099 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, for the fiscal year 2010 - 2011. 1st Installment: $40,757.40 Paid 2nd Installment: $40,757.40 This amount is valid until April 10, after which penalties apply Penalty (including cost): $4,085.74 Due with installment amount if paid after April 10 Assessment No.: 214-450-31-00 B. 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. C. 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. The fact that the ownership of said land does not include rights of access to or from the street or highway, abutting said land, such rights having been severed from said land by the document Recorded: July 18, 1963 as Instrument No. 125935 of Official Records Said instrument also grants the right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for construction and maintenance. 3. Covenants, conditions and restrictions as set forth in the document Recorded: April 28, 1981 as Instrument No. 81-128449 ofOfficial Records This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. CLTA Preliminary Report Form - Modified (11-17-06) Page 5 File No: 12404099 4. Covenants, conditions and restrictions as set forth in the document Recorded: December 29, 1983 as Instrument No. 83-475378 of Official Records This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. 5. A document subject to all the terms, provisions and conditions therein contained. Entitled: Agreement Regarding Construction and Use of Desiltation and Retention Basin and Traffic Improvements Dated: October 7, 1983 By and between: Group Vista, a California Limited Partnership, et al and Poinsettia Investment Co., Inc., a California Corporation, et al Recorded: February 6, 1984 as Instrument No. 84-045340 of Official Records Reference is made to said document for full particulars. 6. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map of said tract. Purpose: sanitary sewer system Affects: as shown upon the improvement plan The exact location and/or extent of said easement is not disclosed in the public records. 7. The fact that the ownership of said land does not include rights of access to or from the street or highway abutting said land known as Avenida Encinas such rights having been relinquished by the map of said Tract. Affects: As shown on said map 8. Matters contained in the dedication statement or elsewhere on the tract or parcel map shown below, which among the things provide: Tract/Parcel Map: 10899 Provisions: as follows: This land is located in the vicinity of property utilized for agricultural purposes, and residents of this subdivision may be subject to inconvenience of discomfort arising from the use of agricultural chemicals, including herbicides, pesticides and fertilizers, and from the pursuit of agricultural operations, including plowing, spraying, pruning and harvesting which occasionally generate dust, smoke, noise, and odor, the City of Carisbad has established as a priority use on productive agricultural lands and residents of adjacent property should be prepared to accept such inconveniences or discomfort from normal, necessary farm operations. Reference is made to said map for full particulars. 9. Covenants, conditions and restrictions as set forth in the document Recorded: July 16, 1984 as Instrument No. 84-267158 ofOfficial Records This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. CLTA Preliminary Report Form - Modified (11-17-06) Page 6 File No; 12404099 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: public utilities, ingress and egress Recorded: March 13, 1985 as Instrument No. 85-082614 of Official Records Affects: said land more particularly described therein. The exact location and/or extent of said easement is not disclosed in the public records. 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Coastal Real Municipal Water District Purpose: a pipe line or pipe lines for any and all purposes, together with their necessary fixtures and appurtenances, including but not limited to conduits and cables for power transmission and communication purposes Recorded: September 18, 1985 as Instrument No. 85-344854 of Official Records Affects: said land more particularly described therein. 12. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded January 5, 1995 as Instrument No. 1995-0005397 of Official Records. Reference is made to said document for full particulars. 13. The matters contained in a document entitled "Assignment of Leases/Easements " recorded August 9, 1995 as Instrument No. 1995-0345341 ofOfficial Records. Reference is made to said document for fuU particulars. 14. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: John Tohidi Lessee: Cox California PCS, Inc., a Delaware Corporation Disclosed by; Memorandum of Lease Recorded: November 7, 1996 as Instrument No. 1996-0564069 of Official Records The matters contained in a document entitled "Memorandum of Amendment to Communication Site Lease Agreement" recorded April 9, 2008 as Instrument No. 2008-0186860 of Official Records. Reference is made to said document for full particulars. 15. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded December 26, 1996 as Instrument No. 1996-0646528 ofOfficial Records. Reference is made to said document for full particulars. 16. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded March 12, 1997 as Instrument No. 1997-0108892 ofOfficial Records. Reference is made to said document for full particulars. CLTA Preliminar/ Report Form - Modified (11-17-06) Page 7 File No: 12404099 17. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: John Tohidi, an unmarried man Lessee: Pacific Bell Mobile Services, a California Corporation Disclosed by: Memorandum of Lease Recorded: April 26, 1999 as Instrument No. 1999-0275769 ofOfficial 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. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded August 23, 1999 as Instrument No. 1999-0580760 ofOfficial Records. Reference is made to said document for full particulars. 19. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded November 26, 2001 as Instrument No. 2001-0856692 ofOfficial Records. Reference is made to said document for full particulars. 20. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded June 28, 2002 as Instrument No. 2002-0550712 of Official Records. Reference is made to said document for full particulars. 21. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $11,150,000.00 Dated; June 1,2006 Trustor: Pinnacle CaHsbad, L.P. Trustee: Commonwealth Land Title Company Beneficiary: Bear Stearns Commercial Mortgage, Inc., a New York Corporation, its successors and/or assigns, appearing of record as Mortgage Electronic Registration Systems, Inc. Recorded: June 1, 2006 as Instrument No. 2006-0387760 of Official Records 22. An assignment of all monies due or to become due as rental or otherwise from said land, to secure oayment of an indebtedness, shown below and upon the terms and conditions therein Amount: $11,150,000.00 Assigned to: Bear Stearns Commercial Mortgage, Inc., a New York Corporation, its successors and/or assigns, appearing of record as Mortgage Electronic Registration Systems, Inc. By: Pinnacle Carlsbad, L.P., a California Limited Partnership Recorded: June 1, 2006 as File No. 2006-0387761 ofOfficial Records 23. A financing statement filed in the office of the County Recorder, showing: Debtor: Pinnacle Carlsbad, L.P. Secured Party: Mortgage Electronic Registration Systems, Inc. Recorded; June 9, 2006 as Instrument No. 2006-0409611 ofOfficial Records Property Covered: said land 24. The matters contained in a document entitled "Notice of Restrictions on Real Property" recorded June 4, 2010 as Instrument No. 2010-0281402 ofOfficial Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 8 File No: 12404099 Reference is made to said document for full particulars. 25. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry ofthe parties in possession thereof. 26. 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. 27. 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. 28. 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 9 File No: 12404099 REQUIREMENTS SECTION: REQ NO.l: The Company will require a certified copy of Form LPl or LPS, whichever is applicable, filed with the office ofthe Secretary of State, pursuant to the California Revised Limited Partnership Act, Corporations Code Sections 15611 through 15723 by the following limited partnership: Limited Partnership; Pinnacle Carlsbad, L.P., a California Limited Partnership REQ NO.2: The Company will require that it be provided with a full copy of the partnership agreement of the partnership named below, together with all supplements or amendments thereto, before issuing any policy of title insurance. Partnership: Pinnacle Cartsbad, L.P., a California Limited Partnership REQ NO.3: The Company will require a certified copy of the Resolution of the Board of Directors of the following corporation authorizing the transaction for which this Preliminary Report was ordered. Corporation: Pinnacle Hospitality, Inc. (general partner) REQ NO.4: 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 ofthe land. CLTA Preliminary Report Form - Modified (11-17-06) Page 10 File No: 12404099 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 ofany 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 ofthe 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: December 29, 2010 CLTA Preliminary Report Form - Modified (11-17-06) Page 11 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' (ees, and expenses resuiting 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. 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 iien 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 Ihe area specifically described and reterred to in Item 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item .5 of Covered Title Risks. In addition lo the Exclusions, you are not insured ag^nst 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 Ilem 8 of Covered Title Risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limil the forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. 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 pubiic 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) creaied, 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 lo the insured claimant and not disclosed in writing to the Company by the insured claimant prior to Ihe 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. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out of the transaction vesting in the insured Ihe 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 againsi loss or damage (and the Company wili not pay costs, attorneys' fees or expenses) which arise by reason of: PARTI 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 Ihe public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shovm by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 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 senaces, labor or material not shown by the Public Records. Attachment One (02'03/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 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 ovmer of the indebtedness, lo comply with applicable doing business laws of Ihe state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, w/hlch 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 Ihe land vrfiich is contracted lor 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 bankmptcy, state insolvency, or ^ similar creditors' rights laws, lhal is based on: (1) 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 Ihe 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: The following matters are expressly excluded from the coverage ol 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 limitecj to buiidtng 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 nolice 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 nolice of a defecl, 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 olher mailers: (a) created, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in tfie public records at Date of Policy, but knowri to the insured claimant and not disclosed in writing tb the Company by the insured claimant prior to the dale the .insured claimant became an insured under this policy; resulting in no loss or damage to th? insured claimant; attaching or created subsequent to Date of Policy (except to the extent that lhis policy insures the priority of the lien of the insured mortgage over any statutory (b) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspeclion of the land or which may be asserted by persons in possession thereof. Easements, liens or encumtjrances, or claims thereof, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 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' lees, or expenses that arise by reason of: 1. (a) Any law, ordinance, pennit, 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 irnprovement erected on the Land; (iii) the subdivision ol land; or (iv) environmenlal prolection; 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 govemmental 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 Recorcjs at Date of Policy, but Known to the Insured Claimgnt 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; The above policy lorm niay be issued to afford either Standard Coverage or Extended Coverage. In addition io lhe above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the , . , followring Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does riot msUre against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: resulting in no loss or damage to the Insured Claimant; attaching or created subsequent to Dale of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,13 or 14); or resulting in loss or damage that wouid not have been sustained if lhe Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the iien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the slate where the Land is siluated. Invalidity or unenlorceability in whole or in part ol the lien of the Insured Mortgage that arises out of the transaclion evidenced by the Insured Mortgage and is based upon usury or any consumer credit prolection or truth-in-lending law. Any claim, by reason of the operation of federal bankruptcy, stale insolvency, or similar creditors' rights Jaws, thai Ihe transaclion creating the iien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Tille for real estate taxes or assessments imposed by govemmental 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). (a) Taxes or"assessments Ihat are not shown as existing liens by the records ol any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may resull in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims lhal are not shown by the Public Records but lhat could be ascertained by an inspeclion of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, nol shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance atfecling the Title that would be disclosed by an accurate and complele land survey of the Land and not shown by the Public Records, (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereol; (c) waler rights, claims or tille lo water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. Any lien or righl to a lien for sen/ices, labor or malerial not shown by the Public Records. Attachmeni One (02/03/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE (b) (c) (d) (e) The following matters are expressly excluded from the coverage 3. of this policy and the Company will not pay loss or damage, cosls, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but nol limited lo building and zoning laws, ordinances, or regulations) restricling, regulating, prohibiting or relating to (!) Ihe 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 Ihe dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmenlal protection, or the effect of any vioialion of these laws, ordinances or governmental regulations, except to the extent thai a notice of Ihe enforcement thereof or a 4. notice ol a delect, lien or encumbrance resulting Irom a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any govemmental police power not excluded by (a) above, except to the extent that a nolice 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 nolice of the exercise thereof has been recorded in the public records at Date ol Policy, but not excluding from coverage any taking v*^ich has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. • . . The above policy form may be issued to afford eilher 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 follovnng 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: • Defects, liens, encumbrances, adverse claims or other matters: (a) creaied, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at Date ol Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to Ihe date the insured claimant became an insured under this policy; resulting in no loss or damage to the insured claimant; attaching or created subsequenl to Dale of Policy; or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the eslale or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of Ihe operation oi federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaclion creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or the transaction creating the estate or inleresi insured by this policy being deemed a preferential transfer except where the preferential transfer results trom the lailure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart nolice to a purchaser for value or a judgement or lien creditor. (ii) 1. Taxes or assessments which are not shown as existing liens • by the records,of any taxing authority that levies taxes or assessmente 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 nol shown by the records ol 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 inspeclion 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 palents or in Acts authorizing the issuance thereof; (c) water rights, claims or title lo water, wheiher or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or righl to a lien for services, labor or material nol shown by the Public Records. Attachment One (02/03/10) ATTACHMENT 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 nol pay loss or damage, costs, attorneys' tees, or expenses that arise by reason of: (c) (d) (e) 1. (a) Any law, ordinance, permit, or governmental regulation {including (hose relating to building artd zoning) restricting, r^ulating, prohibiting, or relating to (i) Ihe 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 vioialion of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does nol 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 limil the coverage provided under Covered Risk 7 or 8. 3. Detects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; The above policy form may be issued to afford eilher Standard Coverage or Extended Coverage. In addilion 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; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, bul Known to the Insured Claimant and nol disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; resulting in no loss or damage to the Insured ClaimanI; attaching or created subsequenl to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or resulting in loss or damage that would not have been sustained il the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A. is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not staled in Covered Risk 9 of this policy. Any lien on the Tille 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 olher instrument of transfer in the Public Recon:fs thai vests Tille as shown in Schedule A. (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 ol such agency or by the Public Records. Any facts, rights, interests, or claims that are nol shown in the Public Records but that could be ascertained by an inspeclion of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachmenl, encumbrance, violation, variation, or adverse circumstance affecting the Title lhat would be disclosed by an accurate and complele land survey of the Land and that are .not shown by the Public Records, (a) Unpatented mining claims;'(b) reseivations or exceptions in patents or in Acts authorizing the issuance thereol; (c) water fights, claims,or titie to water, whether or not the matters excepted under (a), (b), or (cl are shown by the Public Records. Any lien or right to a lien for services, labor or material nol 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 (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B. You are nol insured againsi loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on Land e. (and division f. environmenta! prolection This Exclusion does not apply to violations or the enlorcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15.16,17 or 24. 2. The failure of Your existing structures, or any part of them, to b& constructed in accordance wilh applicable buikiing codes. This Exclusion does nol apply to violations of building codes if nolice of the vioialion appears in the Public Records al the Policy Date. 3. The righl to lake the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking, 4. Risks: a. lhat are creaied, allowed, or agreed to by You, wheiher or not they appear in the Public Records. b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. lhat result In no loss to You; or d. that lirst occur after the Policy Date—this does not limit the coverage described in Covered Risk 7, 8,d., 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specilically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or watenways lhal touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18, LIMITATIONS ON COVERED RISKS Your insurance for the foltowing 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 Limitof Liability.'shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as foHows: • Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amounl 1.00% of Policy Amount or $2.500-00 • {whichever is less) 1.00% of Policy Amounl 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 Maxifpum Dollar Limil of , Liabililv $16.000.00 $25.000.00 $25.000.00 $5.000.00 Attachment One (02/03/10) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addilion to the Exceptions in Schedule B, You are not insured againsi loss, cosls, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or vioialion 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 nol limit the coverage described in Covered Risk8.a., 14,15,16,18,19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, lo 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 lake the Land by condemning it. This Exclusion does nol limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, wheiher or nol they are recorded in the Public Records; b. that are Known to You al Ihe Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss lo You; or d. that firsl 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 lor Your Title. 6. Lack of a right: a. lo 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 nol limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Tille 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 Ihe following Covered Risks is limiled on the Owner's Coverage Slatement as follows: • For Covered Risk 16.18.19, and 21 Your Deductible Amounl and Our Maximum Dollar Umil of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as Iqtlowsj Your Deductible Amount Our Maximum Dollar Limit of Liability 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 Amounl Shown in Schedule A or $ 2,500,00 {whichever is less) $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 Attachment One {02703/10) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (10713/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulaling, prohibiting or relating to (i) the occupancy, use. or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which Ihe Land is or was a part; or (iv) environmental prolection, or the effect of any vioialion of these laws, ordinances or governmental regulations, except to the extent that 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 Dale of Policy. This exclusion does nol limit the coverage provided under Covered Risks 12.13,14 and 16 of this policy, (b) Any governmental police power not excluded by (a) above, except to the exlent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged vioialion affecting the Land has been recorded in the Public Recwds a Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, bul not excluding trom coverage any taking whiph has occurred prior to.Daleiof 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 ClaimanI; ',, : (b) not Known to the'Company, not recorded in the Public Records at Date of Policy, bul Known to the Insured Claimant and not disclosed in wriftng lo the Company by the Insured Claimant prior to the dale the Insured ClaimanI became an Insured under this policy; (c) resuiting in no loss damage to the Insured Claimant; (d) ie) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18,19, 20, 21, 22. 23, 24, 25 and 26); or resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure ol any sutwequent ovmer of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or tmth-in-lending law. Real properly taxes or assessments of any govemmental atithority which become a lien on the Land subsequenl lo dale of Policy. This exclusion does not limit the coverage provided under Covered Risks 7,8{e) and 26. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the ovmer of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. Lack of priority of the lien of the Insured Mortgage as lo each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and olher matters affecting the titie. the existence of which are Known to the Insured al: a) The time ol the advance; or The time a modification is made lo the lerms of Ihe Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a resull ot the modification than it would have been before the modification. This exclusion does not limil the coverage provided in Covered Risk 8. The failure of the residential stmcture, or any portion thereof to have been constructed before, on or afler Date of Policy in accordance with applic^le building codes. This exclusion does not apply to violations of building codes if notice ol the violation appears in the Public Records al Date of Policy. (b) 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, cosls, 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) restricling, 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) lhe 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, nol recorded in the Public Records al Date of Policy, but Knovm lo the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior lo 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 subsequenl to Dale of Policy (however, this does nol 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 cwnply 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 prolection or truth-in-tending law. This Exclusion does not modity or limit,the coverage provided in Covered Risk 26. 6. Any claini of invalidity, unenforeeabilily or lack of priority of the lien of the Insured Mortgage as lo Advances or modifications made after the Insured has Knowledge lhat the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modily or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title, for real eslale laxes or assessments imposed by governmental authority and creaied or attaching subsequent to bate of Policy, This EJcclusion does nol modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. ThqJailure of the residential struclure, or any portion ol it, to have been constructed before, on or after Date of Policy in accordance wilh ., applicable building codes. This Exclusion does not modify or limil the coverage provided in Covered Risk 5 or 6. 9. ; Any claim, by reason of the operalion of federal bankruptcy, slate insolvency, or similar creditors' rights laws, lhat 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 nol stated in Covered Risk 27(b) of this policy. Attachment One {02/03/10) Lawyers Title Company 1 J_^CIVV yV-^XO X li-lV^ 4100 Newport Place Drive ' ""* Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 File No. 12404099 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 prelinninary report or comnnitment. 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. CLTC Discount Nottce Mod. 1/10/2010 CA Discount Notice Page 1 Effective Date: 9/3/2009 Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 Order No: 12404099 Notice to Customers" (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 ofthe current transaction - inform the Company of the eariier 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: __ (fh Lawyers Title Company 4100 Newport Place Drive Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 Order No: 12404099 Notice to Customers" (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 m this transaction shad 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 ofthe 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 thatthe 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 ho 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: TIU3 MAP tiWWttn fOFi ASir.KSlSNr •'WS'Oill.S OM.y hlO LMHIlllT IS e ASSESSOS'S U*^ SHi 1 SEC 29-T12S-R4W-P0R E 1/4 SEC 28-T12S-R4W-P0R W 1/2 MAP 13765-CARLSBAD TCT NO 97-10 POINSETTIA PROPERTIES MAP 10699-CARLSBAD TCT NO 81-5 ROS 15028. 16829 »S ZS 26--30 DO IS 01 0^ ... PC 01 SI i-i-:e Oi 08 6D 5530 ... it! oa 'J3 — — —• - OWNER'S INFORMATION STATEMENT STATE OF CALIFORNIA | COUNTY OF To: the Company Re: Title Order 124(H099 The undersigned, first being duly swom, deposes and says: 1). That I/we 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: • Single Family residence: • one to four family residence • Apartment building • Office building • Commercial building • Combination office and commercial building O Industrial building • 2). That there have been no repairs, work of improvement or materials fumished to the premises within the last 12 months, except \ That the work of improvement or repairs, if any: • Started on • Was completed on • 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: O the undersigned O tenants based only on month-to-month renta! agreements • lessees based upon existing leases, copies of which are attached hereto* • 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 suppiementaJ 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 tme and correct of my/our knowledge. Owner's infonnation Siatemeiil (11/02) *Declarant(s), please remember to attach copies. Executed under penalty of perjury on the day of , 2__ Signature Signature Owner's information Statement (11/02) A • • FILE COPY 4^^^^ CITY OF I6>-Iis-1{ V CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE QF 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 operarion and upgrade of an existing Wireless Commimication Facilities on property generally located at 760 Macadamia Drive Carlsbad, Califomia (La Quinta Inn Hotel). 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, Califomia 92008, in writing widiin 10 days of the date of this norice. If you have any questions, please call Greg Fisher in the Planning Division at (760) 602-4629. CASE NO.: MCUP 11-09 CASE NAME: SD0483" POINSETTIA LTE DATE: December 16,2011 CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ENVIRONMENTAL INFORIVIATION FORM (To be Completed by Applicant) Date Filed: |^.^ ^ M (To be completed by City) Application Number(s): H 11 -^0 ^ General Infomiation 1. 2. 3, 4. Name of project: Name of developer or project sponsor; Address: 57.^^ 4^Ajk fi CL^.IM- hC- City, State, Zip Code: . Phone Number: 5"^ "~ Name of person to be contacted concerning this project: Address: 1^1 m (Wn J^C^ ^ ^OX f^e^ 9i City, State, Zip Code: _ Phone Number: HllO ^ KS" 3H(^ Address of Project: . Assessor's Parcel Number: fhlH ' HSO' B>l'^^ r List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies:' • ' ' • 6, Existing General Plan Land Use Designation: 7, Existing zoning district: Existing land use{s): 9, Proposed use of site (Project for which this form is filed): fvJiSlOnS ^ ^Tf-i'^KTlfi^ Project Description 10, Site size: ^ CUCt^j — r^Q HttO cUjJs ^) Jm^nT' 11, Proposed Building squaie footage: - f^O 0^ hnild (n/j^ p^/)poS^ 12: Number of floors of construction: H ) ^ 13. Amount of off-street parking provided: 14, Associated projects: P-1(D) Page2of4 Revised 07/10 15, If residential, include the number of units and schedule of unit sizes: A 16, If commercial, indicate the type, whether neighborhopd, city or regionally oriented, square footaae of sales area, and loading facilities: ^/t.^/xfa^ "fp lyVm Oj llr^M^rll^tjL 17. If industrial, indicate type, estimated employment per shift, and loading facilities: j ^ 18, If institutional, indicate the major iinction, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: f\ | ^ 19. If the project involves a variance, conditional use or rezoninq applications, state this and indicate clearly why the application is required: ^ 7 P-1(D} Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features ofany bays, tidelands, beaches, or hills, or substantial alteration of ground contours. Yes • No [5) 21. Change in scenic views or vistas from existing residential areas or public lands or roads. • 22. Change in pattern, scale or character of general area of project. • 23. Significant amounts of solid waste or litter. • 24-Change in dust, ash, smoke, fumes or odors in vicinity. n 25. Change In ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. n 26. Substantial change in existing noise or vibration levels in the vicinity. • 27, Site on filled land or on slope of 10 percent or more. • 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. • 29. Substantial change In demand for municipal services (police, fire, water, sewage, etc). n 30-Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • 31. Relationship to a larger project or series of projects. • 0) Environmental Setting Attach sheets that include a response to the following questions: 32- Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. llpjUcTZ' Y?) ^iWtn^^ ^\ P^iU'k.f & n 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc), and scale of development (height, frontage, set-back, rear yard, etci Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted, "^x^^ \Ko^ ^t^ccJ.^ Certification ^ I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: ^"^-^fl Signature: '^/Ul^? ^JlUy. CLrp. /' For: (77--*^ f^ob77u P-1(D) Page 4 of 4 Revised 07/10 MCUP ^UP ANNUAL REVftw SHEET Fll P COPV 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 SENIOR PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: SD0483 LTE POINSETTIA CASE NUMBER(S): MCUP 11-09 APPROVING RESO NO(S). City Planner Letter PLANNER COMPLETING REVIEW: Greg Fisher PROJECT HISTORY Does project have a code complaint history? Q Yes |^ No If yes, check those that apply and explain below. I I Code Enforcement Q Police Q Fhre Prevention Comments (include corrective actions taken and date compliance obtained): Q:\CED\PI^NN1NG\ADM[N\TEMPLATES\MCUPANNUALREV1EWSHEET 03/1 3 REVIEW INFORMATION Has the permit expired? \^ Yes ^ No Permit expires: 1/16/22 Date of review: Tanuary 21, 2014 Name: Karen Alder ^ Applicant Q Ovmer O Other If other, state tide: *CURRENT APPLICANT INFORMATION: Name: AT&T Phone: 858-624-2513 Contact name (if different): Karen Alder, Plancom (760-715-3416^ Address: 5738 Pacific Center Drive, SD, CA 92121 Mailing (if different): •CURRENT OWNER INFORMATION: Name: PINNACLE CARLSBAD LP Phone: 760-715-3416 Contact name (if different): PINNACLE HOTELS USA INC Address: 8369 BICKERS STREET, STE 101, SAN DIEGO, CA 92111 Does project comply with conditions of resolution(s) and approved plans? XI Yes n No If no, list below the condition(s) and/or plan aspects the project is not in compliance with per resolution number or exhibit. Corrective action(s) to be taken: Date planner completed follow-up review and confirmed project compliance: Planner'^ignature Senior Planner Signature * Applicant and owner information must be updated for annual review to be complete. Q:\CED\PL^NNING\ADMIN\TEMPLATES\MCUPANNUALREVIEWSHEET 03/13 MCUP 4iCUP ANNUAL REVfcW SHEET 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: SD0483 LTE POINSETTIA CASE NUMBER(S): MCUP 11-09 APPROVING RESO NO(S). City Planner Letter PLANNER COMPLETING REVIEW: Greg Fisher PROJECT HISTORY Does project have a code complaint history? Yes If yes, check those that apply and explain below. I I Code Enforcement [U Police Comments (include corrective actions taken and date compliance obtained): M No I I Fire Prevention Q:\CED\PLANNING\ADMIN\TEMPLATES\MCUPANNUALREVIEWSHEET 02/1 1 REVIEmNFORMAiTOl^ Has the permit expired? []J Yes Date of review: February 13, 2013 Name: Karen Alder No Permit expires: 1/16/22 AppUcant O Owner \Z\ Other If other, state title: •CURRENT APPLICANT INFORMATION: Name: AT&T _ Contact name (if different): Karen Alder, Plancom (760-715-3416) Address: 5738 Pacific Center Drive, SD, CA 92121 Phone: 858-624-2513 Mailing (if different): •CURRENT OWNER INFORMATION: Name: PINNACLE CARLSBAD LP Phone: 760-715-3416 Contact name (if different): PINNACLE HOTELS USA INC Address: 8369 BICKERS STREET, STE 101. SAN DIEGO, CA 92111 Does project comply with conditions of resolution(s) and approved plans? ^ Yes Q No If no, list below the condition(s) and/or plan aspects the project is not in compliance with per resolution number or exhibit. Corrective action(s) to be taken: Date plai ;r completed follQW-up review and confirmed project compliance: Planner Signa-fijre Principal Plarmer Signature *AppIicant and owner information must be updated for armual review to be complete. Q:\CED\PLJV.NN1NG\ADM1N\TEMPLATES\MCUPANNUALREV1EWSHEET 02/1 1 FfMu^ i/n/»sk FIE copy CITY OF VXARLSBAD Planning Division www.carlsbadca.gov January 17, 2012 PlanCom, Inc. 302 State Place Escondido, CA 92029 MINOR CONDITIONAL USE PERMIT MCUP 11-09 - SD0483 LTE POINSETTIA - Request for approval of a Minor Conditional Use Permit (Original CUP 94-06x2A, expired on August 15, 2011) to allow the minor modification to an existing WCF (the addition of two equipment cabinets within an existing equipment room, and the addition of one GPS antenna, the replacement of eight antennas 2'.2" x 10.3" with 4' x 11.8" antennas, and the addition of four 6' 4" X 11.8" antennas behind RF screening) located on a commercial hotel building at 760 Macadamia Drive, in the General Commercial (C-2) Zone, and in Local Facilities Management Zone 22. Dear Karen, The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 11-09 - SD0483 LTE POINSETTIA for the minor modification to and operation and maintenance of a Wireless Communication Facility at 760 Macadamia Drive. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on December 30, 2011). After careful consideration of the circumstances surrounding this request and a review of the application's consistency with City Council Policy No. 64, the City Planner has determined that the findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicabie, the certified local coastal program, specific plan or master plan in that, (a) the use is necessary and desirable for the development of the community because of the benefit and demand for digital communications and data transmissions for businesses, individuals, public agencies and emergency service systems in this part of the City; (b) the proposed use is consistent with the General Plan in that the Travel/Recreational Commercial (T-R) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (Commercial zone) and has a stealth design. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 1635 Faraday Avenue, Carlsbad. CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP 11-09 - SD0483 L^ POINSETTIA January 17, 2012 Page 2 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the WCF is located within a preferred location (Commercial zone) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design as both the replacement and proposed antennas are completely hidden behind RF transparent screens mounted on top of an existing parapet wall. The WCF use is not precluded by the project site's General Commercial (C-2) Zone. Furthermore, the installation of 12 antennas (4 proposed and 8 replacement) behind RF screens, and the addition of two equipment cabinets located within an existing equipment room will not result in any additional building coverage, does not visually impact the existing site or building design as the RF transparent screens are designed so that they blend in with the building architecture, and not interfere with nor are visible to other surrounding uses. The project has been conditioned to comply with FCC RF Exposure Guidelines. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner in order to integrate the use with other uses in the neighborhood in that all of the proposed and replacement antennas are mounted behind RF transparent screens, and the two additional cabinets are located within an existing equipment room located on the third floor of the building. The minor modifications (the addition of two equipment cabinets, the addition of four 6' 4" x 11.8" antennas and the removal of eight 2'.2" x 10.3" panel antennas and replacement with eight 4' x 11.8" panel antennas) will not impact the appearance of the building as the RF panel screens are designed to blend in with the existing hotel building architecture. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the modified WCF requires, on average, only monthly maintenance visits and occasional visits in response to operational problems. 5. That the existing and proposed WCF is consistent with City Council Policy No. 64 in that it is located in a preferred location (Commercial zone) as listed in Location Guideline A.l.b. of City Council Policy Statement No. 64 and exhibits stealth design, as the four proposed and eight replacement antennas are mounted behind RF transparent screens thereby exhibiting stealth design techniques. The equipment cabinets are located within an existing equipment room located within the third floor ofthe building and are not visible from public view. 6. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 - (Existing Facilities), of the state CEQA Guidelines. Additionally, as AT&T Mobility must comply with FCC regulations, radio frequency emissions from the proposed facility are below levels established as acceptable by the FCC, and are therefore not considered a health MCUP 11-09 - SD0483 LTE POINSETTIA January 17, 2012 Page 3 hazard. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Planning 1. Approval is granted for MCUP 11-09 - SD0483 LTE POINSETTIA as shown on Exhibits "A - H" dated January 12, 2012 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the (Site Plan) reflecting the conditions approved by the final decision-making body. 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. MCUP 11-09 - SD0483 ft POINSETTIA January 17, 2012 Page 4 7. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 8. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 9. MCUP 11-09 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approvai is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 10. This Conditional Use Permit is granted for a period of ten (10) years from January 17, 2012 to January 16, 2022. This permit may be revoked at any time after a public hearing, if It is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 11. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and al) conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of MCUP 11-09-SD0483 LTE POINSETTIA January 17, 2012 Page 5 Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 12. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 13. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months after the issuance of occupancy, and with any time extension or amendment request, the Developer/Operator shall submit to the City Planner either (1) verification that the project is categorically excluded from having to determine compliance with the RF exposure guidelines per 47 CFR §1.1307(b)(1); or (2) a project implementation report which provides cumulative field measurements of RF emissions of all antennas installed at the subject site. The report shall quantify the RF emissions and compare the results with the exposure limits established by the FCC guidelines. Said report shall be subject to review and approval by the City Planner for consistency with the Project's preliminary report on RF exposure submitted with the initial project application and for consistency with the FCC guidelines. If, on review, the City finds that the Project does not meet the FCC guidelines, the City may revoke or modify this conditional use permit. Engineering 14. 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 control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. Code Reminders: 15. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager MCUP 11-09 - SD0483 ft POINSETTIA January 17, 2012 Page 6 for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously othen/vise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $598.50. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629. Sincerely, CHRIS DeCERBO Principal Planner CD:GF:sm c: Don Neu, City Planner Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner David Rick, Land Development - Engineering File Copy DMS/Data Entry