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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;"
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M. 1IK\I,I H H.\/.AK1) DAI A (COVriNl LD)
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i flVi'li of ONOrt xjKotiri.' • (dhi vnii.-:
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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.
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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-.-.'-
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•-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
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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
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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
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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
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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;
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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;
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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'
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•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
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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
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7
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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
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— —
—• -
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
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