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Home My WebLink AboutMCUP 12-01; Verizon Palomar Gateway; Conditional Use Permit (CUP) (2)^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Develooment Permits (FOR DEPT. USE ONLY) Leaislative Permits (FOR DEPT. USE ONLY) 1 1 Administrative Permit 1 1 General Plan Amendment 1 1 Coastal Development Permit (*) CU Minor 1 1 Local Coastal Program Amendment (*) [3 Conditional Use Permit (*) [7] Minor O Extension tACV?\lD\ r~l Master Plan PI Amendment n Environmental Impact Assessment 1 1 Specific Plan Q Amendment r~l Habitat Management Permit Q Minor n Zone Change (*) 1 1 Hillside Development Permit (*) 1 1 Zone Code Amendment r~l Planned Development Permit r~l Residential [H Non-Residential n Planned Industrial Permit List otiier aooiications not specified 1 1 Planning Commission Determination • 1 1 Site Development Plan • r~l Special Use Permit • n Tentative Tract Map (*) = eligible for 25% discount 1 1 Variance CU Administrative NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 213-191-15 PROJECT NAME: Verlzon Palomar Gateway BRIEF DESCRIPTION OF PROJECT: Verizon Wireless proposes to install, operate and maintain a wireless communications facility to consist of 12 panel antennas mounted behind screens within the tower of an existing commercial building. Equipment will be installed within the existing tower. A ground-mounted generator is also proposed. BRIEF LEGAL DESCRIPTION: Lot 7 of Carlsbad Tract CT 06-24, filed as Map No. 15689, in the City of Carlsbad, County of San Diego, State of California LOCATION OF PROJECT: ON THE: West 2687 Gateway Road, Carlsbad, CA 92008 STREET ADDRESS SIDE OF El Fuerte Street (NORTH, SOUTH, EAST, WEST) BETWEEN Bressi Ranch Way /SiND Gateway Road (NAME OF STREET) (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of 5 Revised 07/10 OWNER NAME (Print): Regency Bressi, LLC APPLICANT NAME (Print): Verizon Wireless MAILING ADDRESS: 41 Corporate Park, Suite 260 CITY, STATE, ZIP: Irvine, CA 92606 MAILING ADDRESS: 15505 Sand Canyon Avenue CITY, STATE, ZIP: Irvine, CA 92618 TELEPHONE: (949) 398-8750 TELEPHONE: (949) 852-9400 EMAIL ADDRESS: EMAIL ADDRESS: anorouzi@fmhc.eom 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. , 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 6^^ Id/I SIGNATURE DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): Mark Linman MAILING ADDRESS: 11316 Rolling Hills Drive CITY, STATE, ZIP: El Cajon, CA 92020 TELEPHONE: (619)997-8288 EMAIL ADDRESS: MJLinman(gcox.net 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE APPLICAN'r AND TH^TALL THE ABOVE INFORMATION IS TRUE AND CORRECTTO TflEBpgf OFMYJCNOWtEDGE. • SIGKJATURe y 1 DATE ' IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED FEB 2 3 im CITY OF CARLSBAD PLANNING DIVISfOfy DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 5 Revised 07/10 ^ DISCLOSURE Development Services <J STATEMENT planning Division ^ CITYOF PI/A) 1635 Faraday Avenue PARI ^RAD (760)602^610 L_OU/\L-/ www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political sutxlivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Corp/Part tireless Title Title Applicant Address Address ^ ^505 Sand Canyon Ave Irvine, CA 92618 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Corp/Part Regency Bressi, LLC Title Title Q^ner Address Address Corporate Park, Suite 260 Irvine, CA 398-8750 P-1 (A) Page 1 of 2 Revised 07/10 Q NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust N/A ^on Profit/Trust N/A 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? • Yes )( I No If yes, please indicate person(s): N/A NOTE: Attach additional sheets if necessary. certify that all the above infomnation is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date See Letter of Authorization Print or type name of owne See Letter of Authorization Print or type name of applicant ignati/re of owner/applicant's agent if applicable/date Mark Linman Print or type name of owner/applicant's agent P-1 (A) Page 2 of 2 Revised 07/10 Following are the Corporate Officers of Verizon Wireless as elected by the Board of Directors: Ivan G. Seidenberg | Chairman and Chief Executive Officer Lowell C. McAdam | President and Chief Operating Officer John W. Diercksen | Executive Vice President - Strategy, Development and Planning Roger Gumani | Executive Vice President and Chief Information Officer Daniel S. Mead | Executive Vice President and President and CEO - Verizon Wireless Joint Venture Anthony J. Melone | Executive Vice President and Chief Technology Officer Randal S. Milch | Executive Vice President and General Counsel Marc C. Reed | Executive Vice President - Human Resources Virginia P. Ruesterholz | Executive Vice President and President - Verizon Services Operations Francis J. Shammo | Executive Vice President and Chief Financial Officer Thomas J. Tauke | Executive Vice President - Public Affairs, Policy and Communications Robert J. Barish | Senior Vice President and Controller John N. Doherty | Senior Vice President - Investor Relations Holyce E. Hess Groos | Senior Vice President and Treasurer William L. Horton, Jr. | Senior Vice President, Deputy General Counsel and Corporate Secretary Shane A. Sanders | Senior Vice President - Intemal Auditing Source: http://investor.verizon.com/corp gov/corp ofTicers.aspx Regency Bressi, LLC, a Delaware Limited Liability Corporation By: Cornerstone Real Estate Advisors, LLC CORNERSTONE Dave Reilly: Chief Executive Officer Mark Higgins: President Tom Dudeck: Chief of Investment Strategy Rob Little, CFA: Chief Investment Officer, Finance Iain Reid: Chief Executive Officer and Chief Investment Officer, Cornerstone Europe C.J. Karbowicz: General Counsel and Secretary Bob Mahoney: Chief Financial Officer Tony Pierson: Managing Director, Portfolio Management Michael Gately: Managing Director, Research Charles Weeks: Co-Head - Business Development, Cornerstone Europe Peter de Haas: Co-Head - Business Development, Cornerstone Europe Drew Williams: Executive Vice President, Hotel Group Tom Zatko, CFA: Managing Director, Capital Markets Scott Westphal, CFA, CPA: Managing Director, Real Estate Securities Dave Wharmby, CFA: Vice President, Real Estate Securities Q Q ^ PROJECT Development Services DESCRIPTION Planning Division ^ CITY OF 1635 Faraday Avenue ' ' (760)602-4610 www.carlsbadca.gov CARLSBAD PROJECT NAME: Verizon Palomar Gateway APPLICANT NAME: Verizon Wireless Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background infomiation and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Verizon Wireless requests approval to Install three antenna sectors of four panel antennas each (a total of 12 antennas) within a clock tower on an existing comnnercial building. The antennas will be mounted at a centerline elevation of 39'0". The height of the existing tower is 46'10". The proposed panel antennas will be four feet in length and will be mounted behind RF transparent screens textured and finished to match the existing building. The antennas are proposed to be mounted behind the north, east and west facing walls. A 4' diameter microwave antenna will also be mounted behind the north-facing wall. Equipment associated with the proposed facility will be installed within a lower portion of the existing tower. The tower measures 21'0" by 21'0". Two new AC units will be installed on the existing roof. Access to the tower will be from the existing building roof via proposed steps up to the tower. The project will include a proposed 30kw emergency generator with a 150 gallon double wall subbase fuel tank. The generator is proposed to be located at the rear of the existing building adjacent to an existing transformer. The generator will be surrounded by a concrete block enclosure with columns and a smooth stucco finish and wood trellis to match the existing loading dock. P-1(B) Page 1 of 1 Revised 07/10 CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): /J 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. I I 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. Name: APPLICANT Verizon Wireless Address: 15505 Sand Canyon Avenue In/ine, CA 92618 Phone Number: (949)852-9400 PROPERTY OWNER Name: Regency Bressi, LLC Address: 41 Corporate Park, Suite 260 Irvine, CA 92606 Phone Number: (949)398-8750 Address of Site: 2687 Gateway Road, Carlsbad, CA 92008 Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number: 231-191-15 Specify list(s): Cortese List Regulatory Identification Number: None Date of List: IVlay 2011 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 Califomia 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 o o ^ HAZARDOUS WASTE Development Services CITYOF AND SUBSTANCES Planning Division CARLSBACr^ STATEMENT P-1 (C) www.carlsbadca.gov Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.qov/sitecleanup/CorteseList/default.htm www, calepa. ca. qov/data base/calsites www.envirostor.dtsc.ca.qov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://qeotracker.waterboards.ca.qov/ County of San Diego Department of Environmental Health Services www. CO. san-dieqo. ca. us/deh Hazardous Materials Division www.sdcountv.ca.qov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www .epa. qov/su perfu nd/sites/cu rsites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa .qov/superfund/sites/npl/n pi. htm P-1 (C) Page 2 of 2 Revised 07/10 CJ LETTER OF AUTHORIZATION APPLICATION FOR ZONING/LAND USE ENTITLEMENT Sile Name: Palomar Gateway Properiy Addresy. 2687 Gateway Road, Carlsbad, CA 92009 Assessor's Parcel Number. 213-191-1500 I, Regency Bressi, LLC ("Owner"), owner of the above described property, authorize FMHC CORPORATION, its employees, representatives, agents, and/or consultants (collectively, "FMHC"), to act as an agent on our behalf for the sole pvupose of consummating, at FMHC's sole cost and expense, any building and land-use permit applications, or any other discretionary entitlements necessary for the purpose of constructing and operating a Verizon Wireless telecommunications facility on the rooftop of the current Stater Brothers. The foregoing authorization is conditioned upon the agreement of FMHC to provide Owner with complete copies of all applications, correspondence and/or other documentation concurrently with the submission of the same to the applicable jurisdiction and to prompdy provide Owner with copies of all approvals, correspondence and/or other documentation received from the applicable jurisdiction in connection with such land-use and/or building permit application(s). Owner understands that the above-described application may be denied, modified or approved with conditions, and that any such conditions of approval or modifications wiU be the sole responsibility, and cost, of FMHC and wiU be complied with prior to issuance of a building permit. This authorization may be terminated by Owner at any time, without penalty, upon five (5) business days notice to FMHC. We fiirther understand that signing of this authorization in no way creates an obligation of any kind on the part of Owner or otherwise. Signature of Property Owner(s): Regency Bressi, LLC Dated: ^. . Bv: T2Z:IJ29^ Vj'^t^^ Name: "T^.^^gT. ^^tPfi^V Title: \/P ^ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is Incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether ail requirements are necessary for your particular application) please call (760) GgZ-ABM Applicant Signature: Staff Signature: Date: February 22, 2012 To be stapled with receipt to the application P-1{E) Page 1 of 1 Revised 07/10 c v J Mark J. Linman Land Use and Development Consulting Council Policy 64 Supplemental Information Verizon Wireless - Palomar Gateway 2687 Gateway Drive, Carlsbad, CA 92008 APN 213-191-15 PROJECT LOCATION The proposed project site is an existing industrial building located in the City of Carlsbad at 2687 Gateway Drive. The parcel totals 3.88 acres in size. It is located on the west side of El Fuerte Street between Bressi Ranch Way and Gateway Road. Zoning of the site is P-C (Planned Community). The property is located within the Bressi Ranch Master Plan. Photos of the project site and surrounding area are attached. There are no existing wireless communication facilities at this location. PROPOSED PROJECT Verizon Wireless requests approval to install three antenna sectors of four panel antennas each (a total of 12 antennas) within a clock tower on an existing commercial building. The antennas will be mounted at a centerline elevation of 39'0". The height of the existing tower is 46'10". The proposed panel antennas will be four feet in length and will be mounted behind RF transparent screens textured and finished to match the existing building. The antennas are proposed to be mounted behind the north, east and west facing walls. A 4' diameter microwave antenna will also l)e mounted behind the north-facing wall. Equipment associated with the proposed facility will be installed within a lower portion of the existing tower. The tower measures 21'0" by 2r0". Two new AC units will be installed on the existing roof Access to the tower will be from the existing building roof via proposed steps up to the tower. The project will include a proposed 30kw emergency generator with a 150 gallon double wall subbase fiiel tank. The generator is proposed to be located at the rear of the existing building adjacent to an existing transformer. The generator will be surrounded by a concrete block enclosure with columns and a smooth stucco finish and wood trellis to match the existing loading dock. SITE SELECTION PROCESS The wireless communication facility is proposed at this location in order to provide improved service for existing and future users within the vicinity of the proposed site. The project area was selected based on an existing gap in service within the area and a demand for improved service fi"om existing Verizon Wireless customers. The primary service objective for this area is to increase service along Palomar Airport Road from El Fuerte Street to Melrose Drive and along Melrose Drive fi"om Palomar Airport Road to Poinsettia Lane. Increase in service to the 11316 Rolling Hills Drive, El Cajon CA 92020 • Phone (619) 997-8288 • Fax (619) 579-2288 E-Mail: mjlinman@cox.net Q surrounding businesses and neighborhoods between Palomar Airport Road and Poinsettia Lane is another objective. Existing properties within this area were reviewed based on elevation, land use and compliance with the City of Carlsbad Policy 64. The first priority was to locate the facility within a preferred zone. The next priority was to look at appropriately zoned parcels with sufficient elevation or structure to meet the coverage objectives. Next, potential site were reviewed for co-location opportunities. Three potential candidates were evaluated based on these initial criteria. Two properties near the intersection of Palomar Airport Road and Melrose Drive were reviewed in addition to the proposed location on Gateway Drive. Both of these other candidates met the coverage objectives of the project but did not provide the same level of coverage toward the south. These altemative sites also created potential interference issues with other existing Verizon sites located to the immediate east and west of their location. The proposed location was selected because it provided better coverage, was more central within the search area, had a willing landlord and also had an existing structure that could be utilized to accommodate the facility. Copies of RF plots showing the existing conditions and the projected coverage with the proposed site are attached. MAP OF EXISTING AND PROPOSED SITES A map showing the existing Verizon Wireless sites and the proposed project site is attached. DESCRIPTION OF SERVICES The proposed wireless communications facility is intended to increase service to the surrounding area and will provide a fiill range of services to Verizon Wireless subscribers including cellular phone service, mobile broadband service (web and email), messaging, enhanced 911 service, GPS navigation service and many other content delivery systems. FEDERAL COMMUNICATIONS COMMISSION COMPLIANCE Verizon Wireless (VAW) LLC is licensed by the FCC to operate a cellular communications system in the San Diego market (Market Number CMAOl 8). Their FCC Registration Number (FRN) is 0003800307. A copy of Radio Frequency Site Compliance Report is attached. PHOTO-SIMULATIONS Copies of the required photo-simulations are attached. 11316 Rolling Hills Drive, El Cajon CA 92020 • Voice or Fax: (619) 579-2288 • Cellular: (619) 997-8288 E-Mail: mjlinman@cox.net ^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760^602-2750 www.carlsbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (sutxlivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of stomn water standards that must be applied to a proposed development or redevelopment project. Depending on ttie outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff tias 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 tfian initially assessed by you, this will result in the retum of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Fomri with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. SECnONI NaV DEVELOPMENT Does your project meet one or more of the foiiowing criteria: YES NO 1. Housina sultdivisions of 10 or more dwellina units. Examoles: single familv homes, multi-familv homes, condominium and apartments / 2. Commercial - areater titan 1-acre. Anv develooment other than heavv industrv or residential. Examples: hospitals: laboratories and other medical fecilities; 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 fadlities. / 3. Heavy Industrial 1 Industrv- areater than 1 acre. Examples: manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, etc.). / 4. Automotive reoair siioo. A facilitv categorized in anv one of Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532-7534, and 7536-7539 / 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 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirements and hydromodification requirements. / E-34 Page 1 of 3 REV 1/14/11 ^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760602-2750 www.carlsbadca.gov 6. Hillside development. Anv develooment that creates more than 5.000 souare feet of impervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent (25%) or greater. / 7. Environmeittallv Sensitive Area (ESA)\ All develooment located within or directiv adjacent^ to or discharging 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 impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site 10% or more of its naturally occurring condition. / 8. Parkina lot Area of 5.000 souare feet or more, or with 15 or more oari^ing soaces. and ootentiallv exoosed to urban runoff / 9. Streets, roads, fiiahwavs. and freewavs. Anv oaved surface that is 5.000 souare feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles / 10. Retail Gasoline Outlets. Serving more than 100 vehicles per dav and greater than 5.000 sguare feet / 11. Coastal Develooment Zone. Anv proiect located within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impervious surface or (2) increases Impervious surface on property by more than 10%. / 12. More than 1-acre of disturbance. Proiect results in the disturisance of 1-acre or more of land and is considered a Pollutant-generating Development Prqjecf*. / 1 Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copenmittees. 2 "Directly adjacent' means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to' means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to sunounding pervious surfaces. INSTRUCTIONS: Section 1 Results: If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instmctions. E-34 Page 2 of 3 REV 1/14/11 CITY CARLSBAD O F 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 Project *? / 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 question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements' box in Section 3 below. 3. Is the work limited to trenching and resurfacing associated with utility work; 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? Resurfacing/reconfiguring parking lots is where the work does not expose underiying 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 POP requirements' box in Section 3 t>elow. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet or more of impervious surfece 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 PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. *for definition see Footnote 4 on page 2 SECTION) QUESTIOrMAIRE RESULTS • Sf My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for sutmiittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Infomiation and Signature Box This Box farCiyUse Only Address: Assessor's Parcel Number(s): 5823 Newton Dr, Carlsbad 213-191-15 Applicant Name: Applicant Title: Verizon Wireless Lessee AppljranJ/Sigjil^api^ .^^^^----^— Date: February 22, 2012 City Concurrence: By: YES -NO Date: Project ID: E-34 Page 3 Of 3 REV 1/14/11 City of Carlsbad Faraday Center Faraday Cashiering 001 1206001-2 02/29/2012 98 Wed, Feb 29, 2012 12:02 PM Receipt Ref Nbr: R1206001-2/0019 PERMITS - PERMITS Tran Ref Nbr: 120600102 0019 0020 Trans/Rcpt#: R0088592 SET #: MCUP1201 Amount: 1 i $710,85 Item Subtotal: $710.85 Item Total: $710.85 1 ITEM(S) TOTAL: $710.85 Check (Chk# 032588) $705.05 Cash $5.80 Total Received: $710.85 Have a nice day! **************[;[JST0MER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lUIIIIIIIII Applicant: VERIZON WIRELESS Description MCUP1201 2687 GATEWAY RD CBAD Amount 710.85 Receipt Number: R0088592 Transaction Date: 02/29/2012 Transaction ID: RQ088592 Pay Type Method Description Amount Payment Check 710.85 Transaction Amount: 710.85 July 28,2009 RE: FMHC Corporation, as representative for Verizon Wireless VBHTOnwireless Verizon Wireless 15505 Sand Canyon Avenue Building D104 Irvine, CA 92618-3114 Piione 949 286-7000 To Whom it May Concern: FMHC Corporation is an authorized representative of Verizon Wireless and has been contracted to perform (i.e., real estate leasing, land use entitlements, permitting, etc.) on behalf of Verizon Wireless in connection with their telecommimications facilities. As an authorized representative of Verizon Wireless, FMHC Corporation may sign and submit (i.e., land use applications and permits, as well as, negotiate leases, etc.) on behalf of and with approval by Verizon Wireless. Sincerely, Cathy Beagle Verizon Wireless Project Manager, Site Development Southem Califomia Region March 24,2011 Re: Mark Linman, as representative for FMHC Corpora Hon To Whom It May Concern: Mark Linman is an authorized representative of FMHC Corporation and has been contracted to perform land use entitlements, permitting, etc on behalf of FMHC Corporation in connection v/ith Verizon Wireless telecommunications facilities. As an authorized representative of FMHC Corporation, Mark Linman may sign and submit land use applications and permits on behalf of FMHC Corporation and with approval from Verizon Wireless. Sincerely, Donna J. Mcwre Southwest Regional Manager FMHC Corporation 4060 Campus Drive - Suite 200 - Newport Beach. CA 92660 • phone (949) B52-9400 ' fax (949) 852-6115 LAND USE REVIEW APPLICATION FORM INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application forms, the City has adopted a comprehensive application form to handle multiple application sutHnittals. The following instructions should assist you in preparing the application form for submittal to the City: ^ Applications applied for: Check the appropriate boxes for the various application types for which you are applying. Check with counter staff to determine required application types needed to process your specific project. ^ Assessor Parcel No(s).: Include ail assessor parcel numbers included within the project boundary. The counter staff can assist you in (determining the appropriate assessor parcel number(s). Project Name: Fill in the box with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name is proposed, write the last name of the owner or applicant plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." ^ Brief Description of Project: Write down a brief description of the project. Be specific but do not include square footage or architectural details. For example: a neighborhood commercial center with two restaurants; single family detached residential project; or an industrial/office complex with three industrial/office buildings. ^ Owner's Name, Address, Phone Number, Email address and Signature: To be filled in and signed by the owner for all applications. Use the owner's name as it appears on the title report. ^ Applicant's Name, Address, Phone Number, Email address and Signature: To be filled in and signed by the applicant. If owner and applicant are the same you may write same on the space for the name. All correspondence and contact regarding the application will be directed to the applicant. Brief Legal Description: Provide a brief legal description of the property such as "Lot 6 of Map No. 8828 Carlsbad Tract 88-3" or "Portion of Lot I of Rancho Agua Hedionda map 1717." Do not provide bearings and distances. A full legal description will be contained within the title report submitted with the application. ^ Location of Project: Fill in the blanks with the street address (if appropriate), direction and street names. For projects located in undeveloped areas not adjacent to streets, use the nearest street from which the project will take access. ^ Consent to Allow Entrance onto the Property: Signature granting members of City staff. Planning Commissioners, or City Council members' permission to inspect and enter the property. ^ Notice of Restriction: Property owner acknowledges and consents to a Notice of Restriction if conditioned for the applicant. Notice of Restrictions run with the land and bind any successors in interest. Application Requirements: Attached with the application form are the various submittal requirements for each application type listed on the face of the application. Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. If vou have anv questions regarding application submittal requirements (i.e.. clarification regarding a specific requirement or whether all requirements are necessarv for vour particular application^ please call (760) 602-4610. IMPORTANT: Check all submittals to be sure all the required information and materials have been submitted with your application. Incomplete submittals will not be processed or scheduled for review by staff, the Commission or Council. You will be notified in writing within 30 days of submittal whether or not your application is complete. A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. p-1 Page 3 of 5 Revised 07/10 o Applicant Disclosure - Form P-1(A): All applications require submittal of an applicant disclosure form. Follow the instructions provided on the form and the attached information sheet. Proiect Description/Location - Form P-1(B) Hazardous Waste Statement - Form P-1(C) Environmental Impact Assessment - Form P-KD): All applications for development require submittal of an Environmental Impact Assessment Form. Larger projects or projects in environmentally sensitive areas may require more detailed Environmental Impact Reports. Follow the instruction provided with the application form. Time Limits on Discretionary Permits - Form P-KE) Circulation Impact Analvsis: Ail applications which propose an increase in the traffic generation rate of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact Analysis. This analysis will be used to determine compliance of your project with Growth Management Facility Standards. The analysis is not to be considered in lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Fire Department/Water District Consultation: Prior to submittal of an application for development in the City, you are encouraged to consult with the Fire Department and the appropriate water district in order to design your project in compliance with their requirements. Failure to consult with either agency could result in unnecessary delays, redesign or project denial. The purpose of the notice is to get projects to "design in" water and fire requirements in advance. Digital Submittals: Applicants shall submit digital files with the application at initial submittal and at approval of tentative tract map, in accordance with Engineering Standards. p-1 Page 4 of 5 Revised 07/10 DEVELOPMENT Development Services <!S V PERMITS Planning Division ^ CITY OF D «j 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD ^'^ Major Coastal Development Permits (including Amendments and Extensions, but excluding Minor CDPs and Single Family Residences) Conditional Use Permits (including Regular, Minor, Amendments and Extensions) Planned Development Permits (Residential and Non-Residential; including Amendments and Extensions) Planned Industrial Permits (including Amendments and Extensions) Planning Commission Determinations Precise Development Plans Redevelopment Permits (Major, Minor and Amendments) (A Coastal Development Permit Supplemental Application may also be needed) Site Development Plans (including Amendments and Extensions) Special Use Permits (including Amendments, Extensions and Floodplain SUPs) Structure Relocation Permits Tentative Tract Maps (including Revisions) A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) The following materials shall be submitted for each application or for combined applications on a single project. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN - Seven (7) copies on 24" x 36" sheet(s). Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project planner prior to approval of the project. Each site plan shall contain the following information: 1. GENERAL INFORMATION •a. Name and address of owner whose property is proposed to be developed and the name, address, and phone number of the developer, •b. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans, •c. North an-ow and scale. Gd. Vicinity map showing major cross streets, •e. Date of preparation/revisions, •f. Project Name and application types submitted. Qg. Tentative Map number in upper right hand corner (City to provide number at time of application). Qh. All facilities labeled as "existing" or "proposed." P-2 Page 1 of 9 Revised 07/10 Oi. A summary table of the following: •(1) Street address and assessor's parcel number. •(2) Site acreage. n(3) Existing Zone and General Plan Land Use Designation. •(4) Existing and Proposed land use. n(5) Classification of lots as to intended residential, commercial, industrial or other uses. •(6) Number of units to be constructed when a condominium or community apartment project is involved. •(7) Total number of lots proposed. •(8) Proposed density in dwelling units per net acre. 0(9) Total building coverage. •(10) Building square footage. •(11) Percent of site to be landscaped. 0(12) Number of parking spaces required/provided. Q(13) Square Footage of required employee eating areas. Square footage provided (interior and exterior eating area, if applicable). 0(14) Square Footage of open or recreational space (if applicable), for each unit and total common open space for the project. 0(15) Area of the site which is undevelopable per Zoning Ordinance Section 21.53.230 (include the acreage in each category). If not applicable, state on the plans. 0(16) Cubic footage of storage space (if applicable). Show location. 0(17) Average Daily Traffic generated by the project, broken down by separate uses. 0(18) Name of sewer, water and school district providing service to the project. 2. SITE INFORMATION a. GENERAL 0(1) Approximate location of existing and proposed buildings and permanent structures onsite and within 100 feet of site. 0(2) Location of all major vegetation, showing size and type, both within the project and offsite for a distance of 100 feet. Existing onsite trees; those to be removed and those to be saved. 0(3) Location of railroads. 0(4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data). 0(5) Lot lines and approximate dimensions and number of each lot. 0(6) Lot area for each proposed lot. 0(7) Setback dimensions for the required front, rear and side yard setbacks for all structures. 0(8) Distance between buildings and/or structures. 0(9) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation. 0(10) Indicate on site plan improvements and amenities for any required interior and/or exterior employee eating areas, i.e. benches, tables, trash cans, etc. 0(11) Show site details (specific recreation facilities) for all recreation lots or areas (when applicable). 0(12) Location and dimensions of all accessways and pathways as required for compliance with Title 24 - State Accessibility Requirements. P-2 Page 2 of 9 Revised 07/10 b. GRADING AND DRAINAGE 0(1) Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). 0(2) Earthwork volumes: cut, fill, remedial, import and export. 0(3) Spot elevations at the corners of each pad. 0(4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 0(5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed project site; show location and approximate size of any proposed detention/retention basins. 0(6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. 0(7) Show all Best Management Practices (BMPs) to be used to reduce storm water discharge during the "use" or existing development phase. 0(8) Indicate proposed elevation in relation to sea level of the lowest floor (including basement) of all structures. [For Floodplain Special Use Permit (SUP)]. 0(9) In FEMA Zone AO or VO show elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. [For Floodplain Special Use Permit (SUP)]. 0(10) Show proposed elevation in relation to mean sea level to which any structure will be floodproofed. [For Floodplain Special Use Permit (SUP)]. c. STREETS AND UTILITIES 0(1) The location, width and proposed name of all streets within and adjacent to the proposed project. Show street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Land Development Engineering Policies. 0(2) Name, location and width of existing adjacent streets and alleys. Include medians and adjacent driveway locations. 0(3) Typical street cross sections for all streets within and adjacent to the project. 0(4) Width, location and use of all existing and/or proposed public or private easements. 0(5) Public and private streets and utilities clearly identified. 0(6) Show distance between all intersections and driveways. 0(7) Clearly show parking stall and aisle dimensions and truck turning radii for all parking areas. 0(8) Show access points to adjacent undeveloped lands. 0(9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. 0(10) Show all existing and proposed fire hydrants associated with the project, and all existing, off-site fire hydrants within 300 feet of the project boundary. Fire hydrants on commercial, industrial and multi-family residential sites should be installed at 300 foot intervals. Fire hydrants serving single-family residential projects should be installed at no more than 500-foot intervals. When possible, fire hydrants should be installed at street intersections on developed side of street if single loaded. Avoid cul-de-sac installations. For installation requirements on public roadways, contact the Carlsbad Fire Department at (760) 602-4666. P-2 Page 3 of 9 Revised 07/10 d. WATER FACILITIES 0(1) Show average and peak potable water demand in gallons per minute (gpm). 0(2) Provide fire flow demand in gallons per minute (gpm); calculate using table attached to Land Use Review Application. 0(3) Provide a map or diagram showing existing and proposed on-site and off-site water pipelines, services, pressure reducing stations, fire hydrants, reservoirs and pumping stations. (These facilities must be shown within the public right-of- way or within easements to be granted to the District or the City.). 0(4) Show a looped potable water distribution pipeline (when more than 19 residences are proposed). 0(5) Show a public fire flow system (constructed as a looped pipeline system for all industrial or commercial development). 0(6) Show a private fire sprinkler system, if required or proposed; state on exhibit. 0(7) Provide a water phasing plan, if proposed. NOTE: San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. e. RECYCLED WATER FACILITIES 0(1) Colored recycled water use area map (all areas proposed to be irrigated with recycled water must be clearly indicated on the map in color). 0(2) Peak irrigation or industrial water demand in gallons per minute (gpm). 0(3) Existing and proposed recycled water pipelines, services, pressure reducing stations, booster pump stations, reservoirs and pumping stations. (These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City.) f. SEWER FACILITIES 0(1) Average sewer generation in million gallons per day (mgd). 0(2) Existing and proposed sewer pipelines, laterals, and sewage lift stations. These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City. 0(3) Indicate sewer facility phasing, if proposed. NOTE: No sewer lift stations or sewer siphons may be proposed unless othenwise agreed to in writing by the appropriate District Engineer. B. LANDSCAPE PLAN - Seven (7) copies prepared on 24" x 36° sheet(s) at the same scale as the project plans. Ten (10) copies of the plans shall be submitted by the applicant upon request of the project planner prior to project approval. The preliminary landscape plan shall contain the following information: 1. GENERAL INFORMATION Oa. Landscape zones per the City of Carisbad Landscape Manual. Ob. Typical plant species, quantity of each species and their size for each planting zone in a legend. (Use symbols). Oc. An estimate of the yeariy amount of irrigation (supplemental) water required to maintain each zone. Od. Landscape maintenance responsibility (private or common) for all areas. Oe. Percent of site used for landscaping. Of- Water Conservation Plan. Og. All applicable Fire Suppression Zones, as required by the City's Landscape Manual, are minimums. Additional requirements may apply. P-2 Page 4 of 9 Revised 07/10 C. BUILDING ELEVATIONS AND FLOOR PLANS - Seven (7) copies prepared on 24" x 36" sheet(s). Ten (10) copies of the plans shall be submitted by the applicant upon request of the project planner prior to the project approval. Each building elevation and floor plan shall include the following information: 1. GENERAL INFORMATION Oa. Floor plans with square footage included. Ob. All elevations of existing and proposed buildings, including signs and exterior lights. Oc. Location and size of required storage areas. Od. Include a scale on all floor plans and building elevations. Oe. Indicate the height on all building elevations. Of- Indicate on all building elevations, compliance with Carisbad Building Height definition (Zoning Ordinance Section 21.04.065). Og- Indicate ceiling height or the height of the underside of the roof in any building areas intended for storage uses. Oh. Indicate the California Building Code occupancy classifications of all building areas. Qi. Indicate type of construction per California Building Code. Oj. Disclose any building uses that will result in the presence of Acutely Hazardous Materials, Compressed Flammable Gases in excess of 1,500 pounds, Flammable Liquids in excess of 10,000 gallons. Hazardous Materials in excess of 500 pounds or 55 gallons, or compressed gas in excess of 200 cubic feet. Ok. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). Ol- ROOF PLAN: One (1) copy (plan view). Show roof design to include ridges, hips, slope direction, etc. Show location of roof appurtenances, mechanical equipment and screening. Show all roof top equipment, appurtenances, stainways or other access provisions, including those required by the applicable building, plumbing, electrical and mechanical codes. All roof mounted equipment shall be installed in accordance with Building Department Policy 80-6. D. CONSTRAINTS MAP - One (1) 24" x 36" sheet folded to 9° x 12" shall include the following information: (NOTE: This information is not required for previously graded sites and the conversion of existing structures.) If the constraint does not apply to the property, list it on the map as not applicable. Constraints map should be the same scale as other exhibits, i.e. Site Plan, etc. 1. GENERAL INFORMATION Oa. Major ridge lines. Ob. Riparian or woodlands. Oc. Intermittent drainage course. Od. 25 - 40% slopes. Oe. Greater than 40% slopes. Of- Major rock outcroppings. Og- Easements. Oh. Floodways. Oi- Archaeological sites. (Do not identify location. List in map legend if present.) Oj. Special Planning Areas - Type of special planning area. Ok- Biological Habitats. Indicate the location of all vegetation communities existing on the project site. (Use Modified Holland System as described in the Multiple Habitat Conservation Plan.). Ol Beaches. Om. Permanent bodies of water. On. Wetlands. Oo. Land subject to major power transmission easements. Op- Railroad track beds. P-2 Page 5 of 9 Revised 07/10 E. COLORED SITE PLAN AND ELEVATION PLAN - Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS OA. Completed Land Use Review Application Form. OB. Coastal Development Permit Supplemental Application (if applicable). Oc. Environmental Impact Assessment Form (Fee not required with initial submittal. Fee to be determined after review of project and environmental impact assessment form.) Required for tentative parcel maps only where a significant grading is proposed. Check with Planning staff to determine if required for your application. OD. Disclosure Statement. (Not required for tentative parcel maps.). OE. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). OF. Proof of availability of sewer if located in the Leucadia Waste Water District or the Vallecitos Water District. OG. Statement of agreement to waive tentative parcel map time limits. Required only when project (tentative parcel map) requires concurrent processing of planning application or environmental review. OH. All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day or 200 or more peak-hour vehicle trips. Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as othenvise determined in discussions with staff. The following minimum information should be included with the study: 1. 8!4" x 11" or 8!4" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. 2. Project traffic generation rates and traffic assignment. 3. Necessary calculations and/or analysis to determine intersection and road segment levels of service. 4. Any proposed mitigation requirements to maintain the Growth Management public facility performance standards. 5. On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects: Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions, is defined as a "large project" under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carisbad reserves the right to require a traffic study on any project. Ol- Two copies of preliminary soils/geologic report for all projects with cut or fill depths exceeding 5 feet. OJ- For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. P-2 Page 6 of 9 Revised 07/10 Q QK. For all condominium conversions, a tetter from San Diego Gas and Electric stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. OL- For all condominium conversions, one (1) copy of a compliance inspection performed by the Building Department. (Separate fee required.). OM. For projects larger than 1-acre, a Preliminary Hydrology Study including map and calculations to demonstrate capacity/sizing of proposed and existing storm drain infrastructure. Show before and after discharges to each included drainage basin. Depending upon the complexity of the project, a Preliminary Hydrology Study may be required on any projecrt. ON. Two copies of a completed and signed "Storm Water Standards Questionnaire." This form can be found on the City's website: http://www.carisbadca.qov/business/buildinq/Documents/E- 34.pdf (Distribute copy to Land Development Engineering). Oo. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Project," submit a preliminary Storm Water Management Plan (SWMP) prepared in accordance with the City Standard Urban Storm Water Mitigation Plan (SUSMP) per the City of Carisbad Land Development Engineering Standards. OP- Completed "Project Description/Explanation" sheet. OQ- Signed "Notice of Time Limits on Discretionary Applications." OR- Noise study consistent with City of Carisbad Noise Guidelines Manual. OS. Biological resource, cultural resource, and/or other environmental studies that are necessary to make an environmental determination (i.e. EIR, Negative Declaration or Exemption) and to determine compliance with the HMP. OT. Signed "Hazardous Waste and Substance Statement" form. OU. Provide color board(s) (no larger than 9" x 12"), showing building materials and color samples of glass, reveals, aggregate, wood, etc. Ov. Photographs of the property from the north, south, east and west. Ow. Digital copy of Tentative Map along with required number of hard copy maps. Ox. Fees: See Fee Schedule for amount. QY. Early Public Notice Package. III. SPECIFIC PROJECT REQUIREMENTS OA. For Density Bonus Projects: 1. A letter signed by the present owner stating what specific incentives are being requested from the City. For any development standards modification or other additional incentive requested, the applicant shall submit a project pro-forma to demonstrate that the standards modification or other requested incentive is necessary to make the project economically feasible. 2. A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities. 3. For condominium conversion requests, a report documenting the following information for each unit proposed to be converted: the monthly income of tenants of each unit throughout the prior year, the monthly rent for each unit throughout the prior year and vacancy information for each unit throughout the prior year. 4. Identify the number and location of lower income dwelling units. OB. For Senior Citizen Housing Projects: 1. A letter signed by the present owner stating what specific incentives are being requested from the City. For any development standards modification or other additional incentive requested, the applicant shall submit a project pro-fomna to demonstrate that the standards modification or other requested incentive is necessary to make the project economically feasible. 2. A detailed vicinity map showing the project location and such details as the nearest market, transit stop, park or recreation area, medical facilities or other related uses or services likely to be patronized by senior citizens. P-2 Page 7 of 9 Revised 07/10 o 3. Five (5) copies of floor plans for each different type of unit indicating a typically fumished apartment, with dimensions of doorways, hallways, closets and cabinets. 4. Five (5) copies of floor plans showing any common areas and accommodations. 5. Identify the number and location of lower income inclusionary dwelling units. 6. A plan for monitoring age restrictions for all units and income restrictions for designated inclusionary units. Oc. In-fill Residential Projects: Residential Projects with two or more dwelling units that: (1) are bordered on a minimum of two sides (property lines) by existing single family residential development and (2) require a discretionary permit (excluding a Minor Coastal Development Permit, Coastal Development Permit for a single family residence and/or second dwelling unit, or a permit for a condominium conversion) shall be required to: 1. Post project notices on the project site pursuant to Planning Division Administrative Policy No. 37. This requirement is not applicable to residential development applications that are already subject to the City's Early Public Notice requirements (see Application Form P-21). 2. Submit project photo-simulation exhibits to the Planning Division upon determination that the project application is complete. The photo simulation exhibits should be scaled representations of the project, as viewed from adjacent streets and adjacent developed single- family residential properties. OD Wireless Communication Facilities: Wireless Communication Facilities (WCF) are allowed in all zones (excluding the L-C zone) with the approval of a conditional use permit (CUP) or minor conditional use permit (MCUP). See the applicable Zone and Zoning Ordinance Section 21.42.140B.165 for details. All proposed WCFs shall follow the City's guidelines (see City Council Policy No. 64, Wireless Communication Facilities) in the design of CUPs and MCUPs for new wireless facilities as well as extensions and amendments to CUPs and MCUPs for existing installations. This policy applies to all commercial providers of wireless communication services. It does not apply to amateur (HAM) radio antennas and dish and other antennas installed on a residence for an individual's private use. Notes on submitting applications for new or existing WCFs: 1. Submittals for new and amended WCFs shall follow the application requirements outlined elsewhere in this handout plus the specific WCF submittal provisions of City Council Policy 64, including the Application and Review Guidelines. 2. For extensions of existing CUPs and MCUPs, or for existing CUPs proposing to convert to MCUPs, only one set of project plans, rather than multiple copies, needs to be submitted. The one set of plans may be copies of those already approved. Applicants are encouraged to talk with staff before submitting an application to convert a CUP to a MCUP. 3. Per Performance Guideline 5 of City Council Policy 64, a report demonstrating compliance with FCC RF Exposure Guidelines must be submitted with each time extension or amendment request and, for new WCFs, within six (6) months after the issuance of occupancy. All WCF applications are evaluated or re-evaluated to assess consistency with City Council Policy 64, including the appropriateness of the existing facility's technology, and the applicant must document that the WCF maintains the technology that is the smallest, most efficient, and least visible and that there are not more appropriate and available locations for the facility, such as the opportunity to collocate or relocate to an existing building. p-2 Page 8 of 9 Revised 07/10 o OE. Flood Plain Special Use Permits: 1. Two (2) sets of the hydrology and hydraulic calculations. Include HEC-1 and HEC-2 computer printouts with appropriate annotations to clarify readouts. 2. Two (2) copies of all required certifications listed in Section 21.110.150(4) of the Municipal Code signed and sealed by a registered Civil Engineer or other appropriately licensed professional. OF. Commercial/Visitor-Serving Overlay Zone: 1. Prior to filing an application for a Conditional Use Permit for a Commercial/Visitor-Serving use within the Overiay zone, the applicant shall make a Preliminary Review (Pre-filing) submittal. 2. Projects within the Commercial/Visitor-Serving Overiay Zone shall submit a proposed sign program as part of this application. The program shall be provided as separate exhibits and should include the following information: proposed sign location, dimensions, area, materials, sign copy and colors. NOTE: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the public hearing notice package including the radius map, two sets of the propertv owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go fonward until this information is received. P-2 Page 9 of 9 Revised 07/10 (ft Lawyers Title Lawyers Title Company 3480 Vine Street Suite 100 Riverside, CA 92507 Phone: (951) 774-0825 Fax: ( ) FMHC Corporation 4060 Campus Drive Suite 200 Newport Beach, CA 92660 Attn: Rhonda Godbehere Title Officer: Peggy Jones—So email: tu67@ltlc.com Phone No.: (951) 774-0825 x 617 Fax No.: (951) 781-1169 File No.: 611672758 Your Reference No: Palamar Gateway Property Address: 2687 Gateway Road, City of Carisbad, California UPDATED PRELIMINARY REPORT Dated as of February 9, 2012 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein. Lawyers Title - IE hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or Interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth In Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is Issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If It Is desired that liability be assumed prior to the Issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report Form - Modified (11-17-06) Page 1 o File No: 611672758 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: Regency Bressi, LLC, a Delaware limited liability company The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form - Modified (11-17-06) Page 2 File No: 611672758 EXHIBIT "A' All that certain real property situated in the County of San Diego, State of California, described as follows: Lot 7 of Carisbad Tract CT 06-24 Bressi Ranch Commercial, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15689, filed In the Office of the County Recorder of said County of San Diego on May 9, 2008. Assessor's Parcel Number: 213-191-15-00 CLTA Preliminary Report Form - Modified (11-17-06) Page 3 Q File No: 611672758 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 Mens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights. Interests or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 File No: 611672758 SCHEDULE B - Section B At the date hereof Exceptions to coverage In addition to the printed exceptions and exclusions In said policy form would be as follows: A. Property taxes. Including general and special taxes, personal property taxes. If any, and any assessments collected with taxes, to be levied for the fiscal year 2012 - 2013 which are a Hen not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2011 - 2012. 1st Installment: $99,684.15 (Paid) 2nd Installment: $99,684.15 (Open) This amount is valid until April 10, after which penalties apply Penalty (including cost): $9,978.41 Due with installment amount if paid after April 10 Land Value $4,442,727.00 Improvement Value: $9,774,107.00 Exemption: $0 Code Area: 09165 Assessment No.: 213-191-15-00 C. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscal year 2011. 1st Installment: $86.29 (Delinquent) Penalty: $8.62 All due and payable October 7, 2011, delinquent December 10, 2011 2nd Installment: $86.29 (Open) Penalty: $18.62 All due and payable October 7, 2011, delinquent April 10, 2012 Supplemental Bill No: 809-615-92-10 D. An assessment (1915 Act) by the improvement district shown below. Assessment/Bond No.: Not Set Out Series: AD2002-01 District: Carisbad For: Pointsettia Ln Bond Issued: March 24, 2005 Original Amount: $ Not Set Out Said assessment may be, and usually is, collected with the County/City general and special taxes. E. 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. F. 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. CLTA Preliminary Report Form - Modified (11-17-06) Page 5 File No: 611672758 2. The matters contained in a document entitled "For The Payment of a Public Utilities Fee for Inside the Boundaries of Community Facilities District No. 1" recorded December 11, 1998 as Instrument No. 1998-0806517 of Official Records. Reference Is made to said document for full particulars. 3. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Recorded: February 11, 1999 as Instrument No. 1999-0085754 of Official Records NOTE: This exception omits any covenant, condition or restriction bases on race, color, religion, sex, handicap, familial status or nation origin, unless and only to the extent that the covenant, condition or restriction (a) is not In violation of state of 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. 4. The matters contained in a document entitled "Agreement and Covenants Running with the Land" recorded February 18, 1999 as Instrument No. 1999-0098738 of Official Records. Reference is made to said document for full particulars. 5. The matters contained in a document entitled "Hold Harmless Agreement Drainage" recorded June 26, 2003 as Instrument No. 2003-0760170 of Official Records. Reference is made to said document for full particulars. 6. The matters contained in a document entitled "Hold Harmless Agreement Geological Failure" recorded June 26, 2003 as Instrument No. 2003-760171 of Official Records. Reference is made to said document for full particulars. 7. The matters contained in a document entitled "Hold Harmless Agreement Geological Failure" recorded June 26, 2003 as Instrument No. 2003-0760173 of Official Records. Reference Is made to said document for full particulars. 8. The fact that the ownership of said land have no rights of vehicular access to the street or highway hereinafter mentioned, except as specified points, said rights have been relinquished by the dedication provisions shown on the map of the tract referred to below Street or Highway: Gardenlane Way (now Bressi Rancho Way) Tract No.: 15689 Access Points: as shown on said map 9. 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: November 7, 2003 as Instrument No. 2003-1351662 of Official Records Affects: Said land more particularly described therein 10. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Recorded: May 28, 2004 as Instrument No. 2004-0495513 of Official Records CLTA Preliminary Report Form - Modified (11-17-06) Page 6 File No: 611672758 NOTE: This exception omits any covenant, condition or restriction bases on race, color, religion, sex, handicap, familial status or nation origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state of 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. 11. The matters contained in a document entitled "Encroachment Agreement" recorded October 15, 2004 as Instrument No. 2004-0980132 of Official Records. Reference is made to said document for full particulars. 12. 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: October 15, 2004 as Instrument No. 2004-0980687 of Official Records Affects: Said land more particulariy described therein 13. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Recorded: January 14, 2005 as Instrument No. 2005-0037207 of Official Records NOTE: This exception omits any covenant, condition or restriction bases on race, color, religion, sex, handicap, familial status or nation origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state of 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. 14. The matters contained in a document entitled "Agreement Regarding Annexation of Certain Real Property to Street Lighting and Landscape District No. 2 of the City of Carlsbad and Approval of the Levy of Assessments on such Real Property" recorded March 16, 2005 as Instrument No. 2005-216790 of Official Records. Reference is made to said document for full particulars. 15. The matters contained In a document entitled "Agreement Regarding Annexation of Certain Real Property to Street Lighting and Landscape District No. 2 of the City of Carlsbad and Approval of the Levy of Assessments on such Real Property" recorded March 16, 2005 as Instrument No. 2005-0216792 of Official Records. Reference is made to said document for full particulars. 16. An easement for the purpose shown below and rights Incidental thereto as set forth in a document Granted to: Pacific Bell Telephone Company, a California Corporation Purpose: Public utilities Recorded: July 18, 2005 as Instrument No. 2005-0602587 of Official Records Affects: Said land more particularly described therein 17. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: LNR Bressi Commercial Inc., a California Corporation Lessee: Trader Joe's Company, a California Corporation Disclosed by: Memorandum of Lease Recorded: June 21, 2006 as Instrument No. 2006-0438770 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. CLTA Preliminary Report Form - Modified (11-17-06) Page 7 File No: 611672758 18. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made In good faith and for value. Recorded: July 14, 2006 as Instrument No. 2006-0498374 of Official Records NOTE: This exception omits any covenant, condition or restriction bases on race, color, religion, sex, handicap, familial status or nation origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state of 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. 19. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made In good faith and for value. Recorded: November 29, 2007 as Instrument No. 2007-0743551 of Official Records NOTE: This exception omits any covenant, condition or restriction bases on race, color, religion, sex, handicap, familial status or nation origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state of 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. 20. The matters contained in a document entitled "Notice of Restriction on Real Property" recorded January 11, 2008 as Instrument No. 2008-0013656 of Official Records. Reference is made to said document for full particulars. 21. The matters contained In a document entitled "Hold Harmless Agreement Drainage" recorded February 6, 2008 as Instrument No. 2008-0061670 of Official Records. Reference is made to said document for full particulars. 22. The matters contained In a document entitled "Permanent Stormwater Quality Best Management Practice Maintenance Agreement" recorded February 12, 2008 as Instrument No. 2008-0071210 of Official Records. Reference is made to said document for full particulars. 23. The matters contained in a document entitled "Encroachment Agreement" recorded May 9, 2008 as Instrument No. 2008-0251548 of Official Records. Reference Is made to said document for full particulars. 24. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map: 15689 Recorded: May 9, 2008 Easement purpose: general utility and access Affects: as shown on said map Portion of the easement is vacated through Resolution 2009-038 recorded on February 27, 2009 as Instrument No. 2009-0098720 of Official Records of said County. CLTA Preliminary Report Form - Modified (11-17-06) Page 8 File No: 611672758 25. 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 Recorded: May 29, 2008 as Instrument No. 2008-0288949 of Official Records Affects: Said land more particulariy described therein 26. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: LNR CPI Bressi Retail, LLC, a California limited liability company Lessee: Rublo's Restaurants, Inc., a Delaware Corporation Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: July 2, 2008 as Instrument No. 2008-0356176 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 27. The matters contained in a document entitled "A Declaration of Covenants and Grant of Easements" recorded October 13, 2008 as Instrument No. 2008-0535081 of Official Records. Reference is made to said document for full particulars. The matters contained In a document entitled "Amendment to Declaration of Restrictions and Grant of Easements" recorded April 29, 2011 as Instrument No. 2011-0224649 of Official Records. Reference is made to said document for full particulars. 28. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Pacific Bell Telephone Company, a California Corporation dba AT&T California Purpose: Public utilities Recorded: December 31, 2008 as Instrument No. 2008-0661608 of Official Records Affects: Said land more particularly described therein 29. 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 Recorded: January 23, 2009 as Instrument No. 2009-0032438 of Official Records Affects: Said land more particularly described therein 30. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: LNR CPI Bressi Retail, LLC, a California limited liability company Lessee: Pacific Dental Services, Inc., a California Corporation Disclosed by: Memorandum of Lease Recorded: January 12, 2009 as Instrument No. 2009-0129157 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. CLTA Preliminary Report Form - Modified (11-17-06) Page 9 File No: 611672758 31. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: LNR CPI Bressi Retail, LLC, a California limited liability company Lessee: LNR Bressi Commercial, Inc., a California Corporation and Stater Bros. Markets, a California Corporation Disclosed by: Memorandum of Lease Recorded: May 12, 2009 as Instrument No. 2009-0251359 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the Interest of the lessee are not shown herein. 32. A deed of trust to secure an Indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $500,000,000.00 Dated: September 17, 2009 Trustor: LNR CPI Bressi Retail, LLC, a California limited liability company Trustee: PRLAP, Inc. Beneficiary: Bank of America, N.A., as Administrative Agent Recorded: September 17, 2009 as Instrument No. 2009-0517993 of Official Records Loan No.: Not Set Out Affects the herein-described land and other land. 33. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: LNR CPI Bressi Retail, LLC, a California limited liability company Lessee: Petco Animal Supplies Stores, Inc., a Delaware Corporation Disclosed by: Memorandum of Lease Recorded: May 28, 2010 as Instrument No. 2010-0269296 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 34. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: LNR CPI Bressi Retail, LLC, a California limited liability company Lessee: JPMorgan Chase Bank, N.A., a National Banking Association Disclosed by: Memorandum of Lease and Exclusive Right Recorded: May 28, 2010 as Instrument No. 2010-0269297 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. And recorded: June 17, 2010 as Instrument No. 2010-0304192 of Official Records 35. Any claims for mechanic's liens on said land that may be recorded by reason of a work of improvement that is disclosed by a Notice of Completion Recorded: June 21, 2010 as Instrument No. 2010-0310004 of Official Records 36. Any claims for mechanic's liens on said land that may be recorded by reason of a work of improvement that is disclosed by a Notice of Completion Recorded: November 5, 2010 as Instrument No. 2010-0603428 of Official Records CLTA Preliminary Report Form - Modified (11-17-06) Page 10 Q File No: 611672758 37. Any claims for mechanic's liens on said land that may be recorded by reason of a work of Improvement that is disclosed by a Notice of Completion Recorded: February 4, 2011 as Instrument No. 2011-0069957 of Official Records 38. Any claims for mechanic's liens on said land that may be recorded by reason of a work of improvement that is disclosed by a Notice of Completion Recorded: April 8, 2011 as Instrument No. 2011-0184893 of Official Records 39. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. 40. 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. 41. 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. 42. 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. 43. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $29,000,000.00 Dated: August 11, 2011 Trustor: Regency Bressi LLC Trustee: First American Title Insurance Company Beneficiary: Hartford Life Insurance Company Recorded: August 12, 2011 as Instrument No. 2011-0414261, of Official Records Loan No.: BHM0KLL22 44. An assignment of all monies due or to become due as rental or otherwise from said land, to secure payment of an Indebtedness, shown below and upon the terms and conditions therein Amount: $29,000,000.00 Assigned to: Hartford Life Insurance Company By: Regency Bressi LLC Recorded: August 12, 2011 as Instrument No. 2011-0414262, of Official Records 45. A financing statement filed In the office of the County Recorder, showing: Debtor: Regency Bressi LLC Secured Party: Hartford Life Insurance Company Recorded: August 12, 2011 as Instrument No. 2011-0414263, of Official Records CLTA Preliminary Report Form - Modified (11-17-06) Page 11 File No: 611672758 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 12 File No: 611672758 REQUIREMENTS SECTION: Req. No. 1: The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: Buyers and/or Sellers Req. No. 2: The Company will require that it be provided with the following with respect to the limited liability company named below: A. A current copy of the formation document certified by the appropriate state official; B. A copy of the LLC Agreement and any amendments thereto; and C. A certified copy of form LLC-5, if the form has been filed with the California Secretary of State. Limited Liability Company: Regency Bressi, LLC, a Delaware limited liability company CLTA Preliminary Report Form - Modified (11-17-06) Page 13 File No: 611672758 INFORI^ATIONAL NOTES SECTION Note No. 1: The information on the attached plat Is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat Is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. Note No. 2: California Insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or Indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party In any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may Include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial Institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 1980 Saturn Street, V03-012 Monterey Park, CA 91755 (800) 849-6466 ABA # 122000496 CREDIT TO: Lawyers Title - IE ACCOUNT #: 9101081413 RE: 611672758 PLEASE INDICATE Lawyers Title - IE TITLE ORDER NUMBER Note No. 3: The charges which the company will make for next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express mail, etc.) are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the company's expenses for arranging such messenger service and Its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the company's regularly scheduled messenger runs. Note No. 4: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. CLTA Preliminary Report Form - Modified (11-17-06) Page 14 o o File No: 611672758 Note No. 5: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when Issued. Note No. 6: The following information will be included in the CLTA Form 116 or ALTA Form 22-06 Endorsement to be issued pursuant to this order: There is located on said land: commercial/industrial property Known as: 2687 Gateway Road, City of Carisbad, California Note No. 7: The only conveyances affecting said land, which recorded within 24 months of the date of this report, are as follows Grantor: LNR CPI Bressi Retail, LLC, a California limited liability company Grantee: Regency Bressi, LLC, a Delaware limited liability company Recorded: May 25, 2011 as Instrument No. 2011-0268915 of Official Records Note No. 8: THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. Ifthe demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. Ifthe customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Note No. 9: Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 2010 - 2011 1st Installment: $95,933.12 2nd Installment: $95,933.12 Land Value $4,409,524.00 Improvement Value: $9,527,366.00 Exemption: $-0- Code Area: 09165 Assessment No.: 213-191-15-00 Note No. 10: Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 2010- 2011 1st Installment: $420.11 2nd Installment: $420.11 Supplemental Bill No. 889-585-42-18 CLTA Preliminary Report Form - Modified (11-17-06) Page 15 File No: 611672758 Note No. 11: Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 2010- 2011 1st Installment: $18,838.26 2nd Installment: $18,838.26 Supplemental Bill No. 899-585-42-09 Processor: eph Date Typed: February 16, 2012 CLTA Preliminary Report Form - Modified (11-17-06) Page 16 200 North Glebe Road, Suite 1000, Arlington, VA 22203-3728 703.276.1100 • 703.276.1169 fax infoasitesate.com • www.sitesafe.com compliance experts Verizon Wireless Site ID - Palomar Gateway Site Name - Palomar Gateway Site Compliance Report 2687 Gateway Road Carlsbad, CA 92008 San Diego County Latitude: N33-7-35.55 j Longitude: Wl 17-15-07.13 j Structure Type: Rooftop Report generated date: September 30, 2011 Report by: Johin Lee Customer Contact: Arlet Vargas Verizon Wireless will be Compliant based on FCC Rules and Regulations. © 2011 SItesafe, Inc. Arlington, VA David Charles Cotton, Jr. Registered Professional Engineer (Electrical) State of California, 18838, Expires 30-Jun-2011 Date: 2011-Oct-03 o o site rf compliance experts Table of Contents 1 EXECUTIVE SUMMARY 2 2 REGULATORY BASIS 3 2.1 FCC RULES AND REGULATIONS 3 2.2 OSHA STATEMENT 4 3 SITE COMPLIANCE 5 3.1 SITE COMPLIANCE STATEMENT 5 3.2 ACTIONS FOR SITE COMPLIANCE 5 4 SAFETY PLAN AND PROCEDURES 6 5 ANALYSIS 7 5.1 RF EMISSIONS DIAGRAM 7 6 ANTENNA INVENTORY 9 7 ENGINEER CERTIFICATION 11 APPENDIX A - STATEMENT OF LIMITING CONDITIONS 12 APPENDIX B - ASSUMPTIONS AND DEFINITIONS 13 GENERAL MODEL ASSUMPTIONS 13 USE OF GENERIC ANTENNAS 13 DEFINITIONS 14 APPENDIX C - RULES & REGULATIONS 16 EXPLANATION OF APPLICABLE RULES AND REGULATIONS 16 OCCUPATIONAL ENVIRONMENT EXPLAINED 16 APPENDIX D - GENERAL SAFETY RECOMMENDATIONS 17 ADDITIONAL INFORMATION 18 200 N. Glebe Road • Sutte 1000 • Arlington, VA 22203-3728 703.276.1100 • info@$itesafe.com Q rf complionce experts 1 Executive Summary Verizon Wireless tics contracted with Sitesofe, Inc. (Sitesofe), an independent Radio Frequency (RF) regulatory and engineering consulting firm, to deternnine whiether the proposed connmunications site, Palomar Gatevs^ay - Palomar Gateway, located at 2687 Gateway Road, Carlsbad, CA, is in compliance with Federal Communication Commission (FCC) Rules and Regulations for RF emissions. This report contains a detailed summary of the RF environment at the site including: • diagram of the site; • inventory of the make / model of all antennas • theoretical MPE based on modeling. This report addresses exposure to radio frequency electromagnetic fields in accordance with the FCC Rules and Regulations for all individuals, classified in two groups, "Occupational or Controlled" and "General Public or Uncontrolled." This site will be compliant with the FCC rules and regulations, as described in OET Bulletin 65. This document and the conclusions herein are based on the information provided by Verizon Wireless. If you have any questions regarding RF safety and regulatory compliance, please do not hesitate to contact Sitesafe's Customer Support Department at (703) 276- 1100. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • info@slte$afe.conn Page 2 1^ o site rf compliance experts 2 Regulatory Basis 2.1 FCC Rules and Regulations In 1996, the Federal Communication Commission (FCC) adopted regulations for the evaluating of the effects of RF emissions in 47 CFR § 1.1307 and 1.1310. The guideline from the FCC Office of Engineering and Technology is Bulletin 65 ("OET Bulletin 65"), Evaluafing Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields. Edition 97-01, published August 1997. Since 1996 the FCC periodically reviews these rules and regulations as per their congressional mandate. FCC regulations define two separate tiers of exposure limits: Occupational or "Controlled environment" and General Public or "Uncontrolled environment". The General Public limits are generally five times more conservative or restrictive than the Occupational limit. These limits apply to accessible areas where workers or the general public may be exposed to Radio Frequency (RF) electromagnetic fields. Occupational or Controlled limits apply in situations in which persons are exposed as a consequence of their employment and where those persons exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. An area is considered a Controlled environment when access is limited to these aware personnel. Typical criteria are restricted access (i.e. locked or alarmed doors, barriers, etc.) to the areas where antennas are located coupled with proper RF warning signage. A site with Controlled environments is evaluated with Occupational limits. All other areas are considered Uncontrolled environments. If a site has no access controls or no RF warning signage it is evaluated with General Public limits. The theoretical modeling of the RF electromagnetic fields has been performed in accordance with OET Bulletin 65. The Maximum Permissible Exposure (MPE) limits utilized in this analysis are outlined in the following diagram: FCC Limits for IMaximum Permissible Exposure (MPE) Plane^wave Equivalent Power Density 1000 100 £ 10 if c Q 1 0.01 —Occupational General Public I V \ \ \ \ y \ \ \ y y y 10 100 1,000 10,000 Frequency (MHz) 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • info@sitesafe.com Page 3 site rf compliance experts Limits for Occupational/Controlled Exposure (MPE) Frequency Electric Magnetic Power Averaging Time |Ep, Range Field Field Density |Hp or S (minutes) (MHz) Strength (E) Strength (S) (Vim) (H)(A/m) (mW/cm^) 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-~ ~ 5 6 100,000 Limits for General Population/Uncontrolled Exposure (MPE) Frequency Electric Magnetic Power Averaging Time |Ep, Range Field Field Density |Hp or S (minutes) (MHz) Strength (E) Strength (S) (V/m) (H)(A/m) (mWW) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (180/^)* 30 30-300 27.5 0.073 0.2 30 300-1500 — — £'1500 30 1500-~ ~ 1.0 30 100,000 f = frequency in MHz *Plane-wave equivalent power density 2.2 OSHA Statement The General Duty clause of the OSHA Act (Section 5) outlines the occupational safety and health responsibilities of the employer and employee. The General Duty clause in Section 5 states: (a) Each employer- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. OSHA has defined Radiofrequency and Microwave Radiation safety standards for workers who may enter hazardous RF areas. Regulation Standards 29 CFR § 1910.147 identify a generic Lock Out Tag Out procedure aimed to control the unexpected energization or start up of machines when maintenance or service is being performed. 200 N. Glebe Road • Suite 1000 • Ariington, VA 22203-3728 703.276.1100 • info@slte$afe.com Page 4 site rf compliance experts 3 Site Compliance 3.1 Site Compliance Statement Upon evaluation of the cumulative RF emission levels from all operators at this site, Sitesofe has determined that: This site will be compliant with the FCC rules and regulations, as described in OET Bulletin 65. Verizon Wireless is predicted to contribute greater tiian 5% of the maximum permissible exposure (MPE) based on theoretical modeling using parameters supplied by the client. A detailed explanation of the 5% rule can be found in the Definition section of Appendix B. The compliance determination is based on General Public MPE levels based on theoretical modeling, RF signage placement recommendations, proposed antenna inventory and the level of restricted access to the antennas at the site. Any deviation from the Verizon Wireless's proposed deployment plan could result in the site being rendered non-compliant. 3.2 Actions for Site Compliance Based on common industry practice and our understanding of FCC and OSHA requirements, this section provides a statement of recommendations for site compliance. RF alert signage recommendations have been proposed based on theoretical analysis of MPE levels. Barriers can consist of locked doors, fencing, railing, rope, chain, paint striping or tape, combined with RF alert signage. This site will be compliant with the FCC rules and regulations. However, because Verizon Wireless is predicted to contribute greater than 5% of the maximum permissible exposure (MPE), should the site be subsequenfiy deemed non- complianf for any reason, any wireless operator(s) who contribute greater than 5% of the maximum permissible energy would be jointly liable for bringing the site into compliance. Site Access Location No action required. Verizon Wireless Proposed Alpha Sector Location No action required. Verizon Wireless Proposed Beta Sector Location No action required. Verizon Wireless Proposed Gamma Sector Location No action required. 200 N. Glebe Road • Suite 1000 • Ariington, VA 22203-3728 703.276.1100 • into@sitesafe.com Page 5 rf compliance experts 4 Safety Plan and Procedures The following items are general safety recommendations that should be administered on a site by site basis as needed by the carrier. General Maintenance Work: Any maintenance personnel required to work immediately in front of antennas and / or in areas indicated as above 100% of the Occupational MPE limits should coordinate with the wireless operators to disable transmitters during their work activities. Training and Qualification Verification: All personnel accessing areas indicated as exceeding the General Population MPE limits should have a basic understanding of EME awareness and RF Safety procedures when working around transmitting antennas. Awareness training increases a workers understanding to potential RF exposure scenarios. Awareness can be achieved in a number of ways (e.g. videos, formal classroom lecture or internet based courses). Piivslcal Access Control: Access restrictions to transmitting antennas locations is the primary element in a site safety plan. Examples of access restrictions are as follows: • Locked door or gate • Alarmed door • Locked ladder access • Restrictive Barrier at antenna (e.g. Chain link with posted RF Sign) RF Sianage: Everyone should obey all posted signs at all times. RF signs play an important role in properly warning a worker prior to entering into a potential RF Exposure area. Assume all antennos are active: Due to the nature of telecommunications transmissions, an antenna transmits intermittently. Always assume an antenna is transmitting. Never stop in front of an antenna. If you have to pass by an antenna, move through as quickly and safely as possible thereby reducing any exposure to a minimum. Maintain a 3 foot clearance from all antennas: There is a direct correlation between the strength of an EME field and the distance from the transmitting antenna. The further away from an antenna, the lower the corresponding EME field is. Site RF Emissions Diaaram: Section 5 of this report contains an RF Diagram that outlines various theoretical Maximum Permissible Exposure (MPE) areas at the site. The modeling is a worst case scenario assuming a duty cycle of 100% for each transmitting antenna at full power. This analysis is based on one of two access control criteria: General Public criteria means the access to the site is uncontrolled and anyone can gain access. Occupational criteria means the access is restricted and only properly trained individuals can gain access to the antenna locations. 200 N. Glebe Road • Suite 1000 • Arlington, VA 22203-3728 703.276.1100 • lnfo@sitesafe.com Page 6 site rt compliance experts 5 Analysis 5.1 RF Emissions Diagram The RF diagram(s) below display theoretical spatially averaged percentage of the Maximum Permissible Exposure for all systems at the site unless otherwise noted. These diagrams use modeling as proscribed in OET Bulletin 65 and assumptions detailed in Appendix B. The key at the bottom of each diagram indicates if percentages displayed are referenced to FCC Occupational or General Public Maximum Permissible Exposure (MPE) limits. Color coding on the diagram is as follows: • Areas indicated as Gray are below 5% of the MPE limits. • Green represents areas predicted to be between 5% and 20% of the MPE limits. • Yellow represents areas predicted to be between 20% and 100% of the MPE limits. • Red areas indicated predicted levels greater than 100% of the MPE limits. General Population diagrams are specified when an area is accessible to the public; Le. personnel that do not meet Occupational or RF Safety trained criteria, could gain access. If trained occupational personnel require access to areas that are delineated as Red or above 100% of the limit, Sitesofe recommends that they utilize the proper personal protection equipment (RF monitors), coordinate with the carriers to reduce or shutdown power, or make real-time power density measurements with the appropriate power density meter to determine real-time MPE levels. This will allow the personnel to ensure that their work area is within exposure limits. The key at the bottom also indicates the level or height of the modeling with respect to the main level. The origin is typically referenced to the main rooftop level, or ground level for a structure without access to the antenna level. For example: Average from 0 feet above to 6 feet above origin and Average from 20 feet above to 26 feet above origin The first indicates modeling at the main rooftop (or ground) level averaged over 6 feet. The second indicates modeling at a higher level (possibly a penthouse level) of 20 feet averaged over 6 feet. Abbreviations used in tiie RF Emissions Diagrams PH=##' Penthouse at ## feet above main roof Additional Informafion in tfie RF Emissions Diagrams Key 200 N. Glebe Road • Suite 1000 • Ariington, VA 22203-3728 703.276.1100 • info@sitesafe.com Page 7 site rf complionce experts The RF Emission Diagram provides indications of RF signage, barriers and locked doors. The table below lists the abbreviations used to indicate locked doors, signs and barriers: T<il>l«}rtF Signage cmdBcHrier Key 1*; Type Existing Location Recommended Location Type Existing Location Recommended Location Notice NE NR Locked Door LE LR Caution CE CR Fencing RE RR Warning WE WR Rope Chain RE RR Info Sign IE Paint Stripes RE RR 200 N. Glebe Road • Suite 1000 • Ariington, VA 22203-3728 703.276.1100 • info@sitesate.com Pages RF Emissions Diagram for: Palomar Gateway Main Level ^site www.sitesafe.com Sitesafe ID# 75424 Site Name: Palomar Gateway % of FCC Public Exposure Limit Average fi-om 0 feet above to 6 feet above origin • 100 <= X n 20<=X<100 • 5 <= X < 20 X<=5 B resoonsib Illy tor n> Feet n_rLn_n_nj 20 0 20 40 Grid Size is 10.0 site rf complionce experts 6 Antenna Inventory The Antenna Inventory shows all transmitting antennas at the site. This inventory was provided by the customer, and was utilized by Sitesafe to perform theoretical modeling of RF emissions. The inventory coincides with the site diagrams in this report, identifying each antenna's location at Palomar Gateway - Palomar Gateway. The antenna information collected includes the following information: • Licensee or wireless operator name • Frequency or frequency band • Transmitter power - Effective Radiated Power ("ERP"), or Equivalent Isotropic Radiated Power ("EIRP") in Watts • Antenna manufacturer make, model, and gain For other carriers at this site, the use of "Generic" as an antenna model, or "Unknown" for an operator means the information with regard to carrier, their FCC license and/or antenna information 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. 200 N. Glebe Road • Suite 1000 • Ariington, VA 22203-3728 703.276.1100 • info@sitesafe.com Page 9 rl compliance experts The following antenna inventory and representative photographs, on this and the following page, were obtained by Verizon Wireless and were utilized to create the site model diagrams: Table 3: Antenna Inventory Ant # Operated By TX Freq (MHz) ERP (Walts) Antenna Gain (dBd) Az (Deg) Antenna Model Ant Type Len (ft) Horizontal Half Power Beamwidth (Deg) Location Ant # Operated By TX Freq (MHz) ERP (Walts) Antenna Gain (dBd) Az (Deg) Antenna Model Ant Type Len (ft) Horizontal Half Power Beamwidth (Deg) X Y Z 1 Verizon Wireless (Proposed) 751 634 13.00 120 Antel BXA-70063-4CF Panel 4 63 24' 90' 15' 2 Verizon Wireless (Proposed) 850 2282 13.00 120 Antel BXA-80063-4CF Panel 4 63 27' 88' 15' 3 Verizon Wireless (Proposed) 1900 3710 16.36 120 Antel BXA-171063-8CF Panel 4 63 30' 86' 15' 4 Verizon Wireless (Proposed) 751 0 13.00 120 Antel BXA-70063-4CF (LTE Spare) Panel 4 63 32' 83' 15' 5 Verizon Wireless (Proposed) 751 634 13.00 240 Antel BXA-70063-4CF Panel 4 63 19' 63' 15' 6 Verizon Wireless (Proposed) 850 2282 13.00 240 Antel BXA-80063-4CF Panel 4 63 16' 67' 15' 7 Verizon Wireless (Proposed) 1900 3710 16.36 240 Antel BXA-171063-8CF Panel 4 63 8' 75' 15' 8 Verizon Wireless (Proposed) 751 0 13.00 240 Antel BXA-70063-4CF (LTE Spare) Panel 4 63 4' 78' 15' 9 Verizon Wireless (Proposed) 751 634 13.00 0 Antel BXA-70063-4CF Panel 4 63 9' 84' 15' 10 Verizon Wireless (Proposed) 850 2282 13.00 0 Antel BXA-80063-4CF Panel 4 63 11' 86' 15' 11 Verizon Wireless (Proposed) 1900 3710 16.36 0 Antel BXA-171063-8CF Panel 4 63 14' 89' 15' 12 Verizon Wireless (Proposed) 751 0 13.00 0 Antel BXA-70063-4CF (LTE Spare) Panel 4 63 16' 91' 15' 13 Verizon Wireless (Proposed) 11000 73 38.66 0 Generic Microwave Dish 4 2 6' 82' 15' o NOTE: X, Y and Z indicate relative position of the antenna to thie origin location on the site, displayed in the model results diagram. Specifically, the Z reference indicates antenna height above the main site level unless otherwise indicated. ERP values provided by the client and used in the modeling may be greater than are currently deployed. For other carriers at this site the use of "Generic" as an antenna model or "Unl<nown" for a wireless operator means the information with regard to carrier, their FCC license and/or antenna information 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. o 200 N. Glebe Road • Suite 1000 • Ariington, VA 22203-3728 703.27A.1100 • lnfo@sltesafe.com Page 10 c o sites rf compliance experts 7 Engineer Certification The professional engineer whose seal appears on the cover of this document hereby certifies and affirms that: 1 am registered as a Professional Engineer in the jurisdiction indicated in the professional engineering stamp on the cover of this document; and That I am an employee of Sitesafe, Inc., in Arlington, Virginia, at which place the staff and I provide RF compliance services to clients in the wireless communications industry; and That I am thoroughly familiar with the Rules and Regulations of the Federal Communications Commission (FCC) as well as the regulations of the Occupational Safety and Health Administration (OSHA), both in general and specifically as they apply to the FCC Guidelines for Human Exposure to Radio-frequency Radiation; and That survey measurements of the site environment of the site identified as Palomar Gateway - Palomar Gateway have been performed in order to determine where there might be electromagnetic energy that is in excess of both the Controlled Environment and Uncontrolled Environment levels; and That 1 have thoroughly reviewed this Site Compliance Report and believe it to be true and accurate to the best of my knowledge as assembled by and attested to by John Lee. September 30, 2011 200 N. Glebe Road • Suite 1000 • Ariington, VA 22203-3728 703.276.1100 • info@sitesafe.com Page 11 site rf complionce experts Appendix A - Statement of Limiting Conditions Sitesafe has provided computer generated model(s) in this Site Compliance Report to show approximate dimensions of the site, and the model is included to assist the reader of the compliance report to visualize the site area, and to provide supporting documentation for Sitesafe's recommendations. Sitesafe may note in the Site Compliance Report any adverse physical conditions, such as needed repairs, observed during the survey of the subject property or that Sitesafe became aware of during the normal research involved in performing this survey. Sitesafe will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because Sitesafe is not an expert in the field of mechanical engineering or building maintenance, the Site Compliance Report must not be considered a structural or physical engineering report. Sitesafe obtained information used in this Site Compliance Report from sources that Sitesafe considers reliable and believes them to be true and correct. Sitesafe does not assume any responsibility for the accuracy of such items that were furnished by other parties. When conflicts in information occur between data provided by a second party and physical data collected by Sitesafe, the physical data will be used. 200 N. Glebe Road • Suite 1000 • Ariington, VA 22203-3728 703.276.1100 • info@sitesafe.com Page 12 site rf compliance experts Appendix B - Assumptions and Definitions General Model Assumptions In this site compliance 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. Sitesafe 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. Sitesafe believes this to be a worsf-case analysis, based on best available data. Areas modeled to predict emissions greater than 100% of the applicable MPE level may not actually occur, but are shown as a worsf-case prediction that could be realized real time. Sitesafe believes these areas to be safe for entry by occupationally trained personnel utilizing appropriate personal protective equipment (in most cases, a personal monitor). Thus, at any time, if power density measurements were made, we believe the real- time measurements would indicate levels below those depicted in the RF emission diagram (s) in this report. By modeling in this way, Sitesafe has conservatively shown exclusion areas - areas that should not be entered without the use of a personal monitor, carriers reducing power, or performing real-time measurements to indicate real-time exposure levels. Use of Generic Antennas For the purposes of this report, the use of "Generic" as an antenna model, or "Unknown" for an operator means the information about a 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, Sitesafe 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, Sitesafe recommends remodeling of the site utilizing the more complete and accurate data. Information about similar facilities is used when the service is identified and associated with a particular antenna. If no information is available regarding the transmitting service associated with an unidentified antenna, using the antenna manufacturer's published data regarding the antenna's physical characteristics makes more conservative assumptions. Where the frequency is unknown, Sitesafe uses the closest frequency in the antenna's range that corresponds to the highest Maximum Permissible Exposure (MPE), resulting in a conservative analysis. 200 N. Glebe Road • Suite 1000 • Ariington, VA 22203-3728 703.276.1100 • info@sitesate.com Page 13 site rf compliance experts Definitions 5% Rule - The rules adopted by the FCC specify that, in general, at multiple transmitter sites actions necessary to bring the area into compliance with the guidelines are the shared responsibility of all licensees whose transmitters produce field strengths or power density levels at the area in question in excess of 5% of the exposure limits. In other words, any wireless operator that contributes 5% or greater of the MPE limit in an area that is identified to be greater than 100% of the MPE limit is responsible taking corrective actions to bring the site into compliance. Comp//ance - The determination of whether a site is safe or not with regards to Human Exposure to Radio Frequency Radiation from transmitting antennas. Decibel (dB) - A unit for measuring power or strength of a signal. Duty Cycle - The percent of pulse duration to the pulse period of a periodic pulse train. Also, may be a measure of the temporal transmission characteristic of an intermittently transmitting RF source such as a paging antenna by dividing average transmission duration by the average period for transmission. A duty cycle of 100% corresponds to continuous operation. Effective (or Equivalent) Isotropic Radiated Power (EIRP) - The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Effective Radiated Power (ERP) - In a given direction, the relative gain of a transmitting antenna with respect to the maximum directivity of a half wave dipole multiplied by the net power accepted by the antenna from the connecting transmitter. Gain fof on antenna) - The ratio of the maximum intensity in a given direction to the maximum radiation in the same direction from an isotropic radiator. Gain is a measure of the relative efficiency of a directional antennas as compared to an omni directional antenna. General Population/Uncontrolled Environment - Defined by the FCC, as an area where RFR exposure may occur to persons who are unaware of the potential for exposure and who have no control of their exposure. General Population is also referenced as General Public. Generic Antenno - For the purposes of this report, the use of "Generic" as an antenna model means the antenna information was not provided and could not be obtained while on site. In the event of unknown information, Sitesafe will use our industry specific knowledge of antenna models to select a worst case scenario antenna to model the site. Isotropic Antenna - An antenna that is completely non-directional. In other words, an antenna that radiates energy equally in all directions. 200 N. Glebe Road « Suite 1000 • Ariington, VA 22203-3728 703.276.1100 • lnfo@sltesafe.com Page 14 site: rf complionce experts Maximum Measurement - This measurement represents the single largest measurement recorded when performing a spatial overage measurement. Max/mum 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 acceptable safety factor. Occupational/Controlled Environment - Defined by the FCC, as an area where Radio Frequency Radiation (RFR) exposure may occur to persons who are aware of the potential for exposure as a condition of employment or specific activity and con exercise control over their exposure. OET Bulletin 65 - Technical guideline developed by the FCC's Office of Engineering and Technology to determine the impact of Radio Frequency radiation on Humans. The guideline was published in August 1997. OSHA (Occupational Safety and Heoltti Administration) - Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.aov. Radio Frequency Radiation - Electromagnetic waves that are propagated from antennas through space. Spatial Average Measurement - A technique used to overage a minimum of ten (10) measurements taken in a ten (10) second interval from zero (0) to six (6) feet. This measurement is intended to model the average energy an average sized human body will absorb while present in an electromagnetic field of energy. Transmitter Power Output (TPO) ~ The radio frequency output power of a transmitter's final radio frequency stage as measured at the output terminal while connected to a load. 200 N. Glebe Road • Sutte 1000 • Ariington, VA 22203-3728 703.276.1100 • info@sttesafe.com Page 15 site^ rf compliance experts Appendix C - Rules & Regulations Explanation of Applicable Rules and Regulations The FCC has set forth guidelines in OET Bulletin 65 for human exposure to radio frequency electromagnetic fields. Specific regulations regarding this topic ore listed in Part I, Subpart I, of Title 47 in the Code of Federal Regulations. Currently, there are two different levels of MPE - General Public MPE and Occupational MPE. An individual classified as Occupational can be defined as an individual who has received appropriate RF training and meets the conditions outlined below. General Public is defined as anyone who does not meet the conditions of being Occupational. FCC and OSHA Rules and Regulations define compliance in terms of total exposure to total RF energy, regardless of location of or proximity to the sources of energy. It is the responsibility of all licensees to ensure these guidelines are maintained at all times. It is the ongoing responsibility of all licensees composing the site to maintain ongoing compliance with FCC rules and regulations. Individual licensees that contribute less than 5% MPE to any total area out of compliance are not responsible for corrective actions. OSHA has adopted and enforces the FCC's exposure guidelines. A building owner or site manager can use this report as part of an overall RF Health and Safety Policy. It is important for building owners/site managers to identify areas in excess of the General Population MPE and ensure that only persons qualified as Occupational are granted access to those areas. Occupational Environment Explained The FCC definition of Occupational exposure limits apply to persons who: • ore exposed to RF energy as a consequence of their employment; • hove been mode aware of the possibility of exposure; and • con exercise control over their exposure. OSHA guidelines go further to state that persons must complete RF Safety Awareness training and must be trained in the use of appropriate personal protective equipment. In order to consider this site an Occupational Environment, the site must be controlled to prevent access by any individuals classified as the General Public. Compliance is also maintained when any non-occupational individuals (the General Public) are prevented from accessing areas indicated as Red or Yellow in the attached RF Emissions diagram. In addition, a person must be aware of the RF environment into which they are entering. This can be accomplished by an RF Safety Awareness class, and by appropriate written documentation such as this Site Compliance Report. All Verizon Wireless employees who require access to this site must complete RF Safety Awareness training and must be trained in the use of appropriate personal protective equipment. 200 N. Glebe Road • Sutte 1000 • Ariington, VA 22203-3728 703.276.1100 • info@sttesafe.com Page 16 slsitesgfe rf compliance experts Appendix D - General Safety Recommendations The following ore general recommendafions appropriate for any site with accessible areas in excess of 100% General Public MPE. These recommendations are not specific to this site. These ore safety recommendations appropriate for typical site management, building management, and other tenant operations. 1. All individuals needing access to the main site (or the area indicated to be in excess of General Public MPE) should wear a personal RF Exposure monitor, successfully complete proper RF Safety Awareness training, and hove and be trained in the use of appropriate personal protective equipment. 2. All individuals needing access to the main site should be instructed to read and obey all posted placards and signs. 3. The site should be routinely inspected and this or similar report updated with the addition of any antennas or upon any changes to the RF environment including: • adding new antennas that may have been located on the site • removing of any existing antennas • changes in the radiating power or number of RF emitters 4. Post the appropriate NOTICE, CAUTION, or WARNING sign of the main site access point(s) and other locations as required. Note: Please refer to RF Exposure Diagrams in Appendix B, to inform everyone who has access to this site that beyond posted signs there may be levels in excess of the limits prescribed by the FCC. The signs below ore examples of signs meeting FCC guidelines. NOTICE thta (MHM may »»« FCC ACAUTION mjy WKMll fCC r\Jtt% tor tt^tn*n ^WARNING R*<i>o r<«<}u«:'>cy f**ta% iiitm ut> o*ceec tn« FCC 'M\B% for THyttan 5. Ensure that the site door remains locked (or appropriately controlled) to deny access to the general public if deemed as policy by the building/site owner. 6. For a General Public environment the four color levels identified in this analysis can be interpreted in the following manner: • Areas indicated as Gray are at 5% of the General Public MPE limits or below. This level is safe for a worker to be in at any time. • Green represents areas predicted to be between 5% and 20% of the General Public MPE limits. This level is safe for a worker to be in at any time. 200 N. Glebe Road • Sutte 1000 • Arlington. VA 22203-3728 703.276.1100 • info@sBesafe.com Page 17 rf complionce experts • Yellow represents areas predicted to be between 20% and 100% of the General Public MPE limits. This level is safe for a worker to be in at any time. • Red areas indicated predicted levels greater than 100% of the General Public MPE limits. This level is not safe for the General Public to be in. 7. For an Occupational environment the four color levels identified in this analysis con be interpreted in the following manner: • Areas indicated as Gray ore at 5% of the Occupational MPE limits or below. This level is safe for a worker to be in at any time. • Green represents areas predicted to be between 5% and 20% of the Occupational MPE limits. This level is safe for a worker to be in at any time. • Yellow represents areas predicted to be between 20% and 100% of the Occupational MPE limits. Only individuals that hove been properly trained in RF Health and Safety should be allowed to work in this area. This is not an area that is suitable for the General Public to be in. • Red areas indicated predicted levels greater than 100% of the Occupational MPE limits. This level is not safe for the Occupational worker to be in for prolonged periods of time. Special procedures must be adhered to such as lock out tag out procedures to minimize the workers exposure to EME. 8. Use of a Personal Protective Monitor: When working around antennas, Sitesafe strong recommends the use of a Personal Protective Monitor (PPM). Wearing a PPM will properiy forewarn the individual prior to entering on RF exposure area. Keep a copy of this report available for all persons who must access the site. They should read this report and be aware of the potential hazards with regards to RF and MPE limits. Additional Information Additional RF information is available by visiting both www.Sitesafe.com and v\Avw.fcc.gov/oet/rfsafety. OSHA has additional information available at: http://www.osha-slc.gov/SLTC/radiofrequencyradiation. 200 N. Glebe Road • Suite 1000 • Ariington, VA 22203-3728 703.276.1100 • info@sttesafe.com Page 18 PALOMAR GATEWAY 2687 GATEWAY ROAD; CARLSBAD, CA 92008 von onwireless Existing Proposed View 01 Verizon Wireless 15505 Sand Canyon Avenue Building "D", First Floor Irvine. CA 92618 Applicant FMHC Corporation Mark Linman 4060 Campus Drive, Suite 200 Newport Beach, CA 92660 818-653-1393 Contact PALOMAR GATEWAY 2687 GATEWAY ROAD; CARLSBAD, CA 92008 wireless Existin o View 02 Verizon Wireless 15505 Sand Canyon Avenue Building "D", First Floor Irvine. CA 92618 Applicant FMHC Corporation Mark Linman 4060 Campus Drive, Suite 200 Newport Beach, CA 92660 818-653-1393 Contact verijon Verizon - Palomar Gateway Surrounding Land Use Photo Map 2687 Gateway Road Carlsbad, CA 92008 Photo 1. View to the West Photo 2. View to the North Photo 3. View to the East veriTon Verizon - Palomar Gateway Photo Location Map 2687 Gateway Road Carlsbad, CA 92008 Photo 1. View from the West Photo 2. View from Northwest Photo 3. View from the North Photo 4. View from the Southwest Photo 5. View from the Southwest Photo 6. View from East Session; SD_all_siles_MikeZ_0613201 User; zellmil ThuSep 22 10:24:24 2011 Default Square Datum: NAD83 Center Lat: 33-07-35.62 N Center Lon; 117-15-08,36 W Cells Lbl: Call Name o o o State of California—The Resources Agency DEPARTMENT OF FISH AND GAME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARV RECEIPT# SD2012 0290 STATE CLEARING HOUSE # (ifapplicable) LEAD AGENCY CITY OF CARLSBAD DATE 04/06/2012 COUNTY/STATE AGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20120290* PROJECTTIUE MCUP 12-01 - VERIZON PALOMAR GATEWAY PROJECT APPLICANT NAME MARK LINMAN PHONENUMBER PROJECT APPLICANTADDRESS 11316 ROLLING HILLS DRIVE CITY EL CAJON STATE CA ZIP CODE 92606 PROJECT APPLICANT (Check appropriate box): Q Local Public Agency • School District • Other Special District • State Agency • Private Entity CHECK APPLICABLE FEES: • Environmental Impact Report Q Negative Declaration • Application Fee Water Diversion ^Stafe Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs Q County Aijministrative Fee Q Project that is exempt from fees Q Notice of Exemption Q DFG No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit • Check • Other #35206 $2,919.00 $2,101.50 $850.00 $992.50 $50.00 $50.00 TOTAL RECEIVED $50.00 SIGNATURE X J. Samudia TlUE Deputy II ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG7S3.5a (Rev. 7/08) fOest J. Dronenburg, JO COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 269192620120406 Deputy: JSAMUELA Location: COUNTY ADMINISTRATION BUILDING 06-Apr-2012 09:35 FEES: 50.00 Qty of 1 Fee Notice ofExemption for Refi(/20120290 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com Forms and Applications Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents NOTICE OF EXEMPTION To: SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego CA 92101 CITY OF CARlSi^ MAY 08 2012 PLANNING DEPARTMENT CITY OF CARLSBAD ? D 0=. d © Planning Division y,ma\) Dronenburg. jr. RecorderCoumv CIcrl; 1635 Faraday Avenue . pp « Carlsbad CA 92008 °°201Z BY J. Samu6la Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: MCUP 12-01 - Verizon Palomar Gateway Project Location - Specific: 2687 Gateway Road. Carlsbad. CA 92009 Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Installation, operation and maintenance of a Wireless Communications Facility (WCF) consisting of twelve (12) panel antennas and one (1) microwave dish located within an existing clock tower, and a new equipment enclosure constructed of masonry walls. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: City of Carlsbad Name of Applicant: Mark Linman Applicant's Address: 11316 Rolling Hills Drive. El Cajon. CA 92606 Applicant's Telephone Number: 619-997-8288 Exempt Status: (Check One) FILED IN THE OFFICE OF THE COUNTY CLERK SanPtegftOfentyon APR 0 6 2012 Rated APk u G 201/ Removed Rstumed to aggni Depu^y oamueia • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: State Guidelines Section 15303 - New Construction or Conversion of Small Structures • Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: New antennas and equipment added inside an existing clock tower and a small enclosure to screen a generator adjacent to the existing commercial building. Lead Agency Contact Person: Chris Garcia Telephone: (760) 602-4622 DON NEU, City Planner Date received for filing at OPR: Date Revised 06/10 ^ C O FILE COPY CITY OF ^ CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT Notice is hereby given that a Minor Conditional Use Permit (MCUP) has been applied for to allow a Wireless Communications Facility (WCF) on property generally located at, 2687 Gateway Road, Carlsbad, Califomia, and more particularly described as: Lot 7 of Carlsbad Tract 06-24 Bressi Ranch Commercial, in the City of Carlsbad, County of San Diego, State of Califomia, according to map thereof No. 15689, filed in the Office of the County of San Diego, State of Califomia, according to map thereof No. 15689, filed in the Office of the County Recorder of said County of San Diego on May 9, 2008. 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 within 10 days of the date of this notice. If you have any questions, please call Chris Garcia in the Planning Division at (760) 602-4622. CASE NO.: MCUP 12-01 CASE NAME: VERIZON PALOMAR GATEWAY DATE: March 5, 2012 CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CER T^ED PROPERTY OWNERSH AFFIDAVIT 9^ LIST STATE OF CALIFORNIA CITY OF CARLSBAD COUNTY OF SAN DIEGO I, Robert Castro hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County within the area described on the attached application and for a distance of three hundred (300) feet from the exterior boundaries of the property described on the attached application. I, certify under penalty of perjury that thef foregoing is true and correct. >igned September 27. 2011 Date "Palomar Gateway'' 2687 Gateway Rd. Q Q ^ EIA INFORMATION Development Services <^«^ FORM Planning Division ^ CITY OF P-1/n\ 1635 Faraday Avenue "'^z (760)602-4610 www.carlsbadca.gov CARLSBAD INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Initial Study. P-1(D) Page 1 of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): General Information 1. Name of project: Verizon Wireless - Palomar Gateway 2. Name of developer or project sponsor: Verizon Wireless Address: 15505 Sand Canyon Avenue City, State, Zip Code: Irvine, CA 92618 Phone Number: (949) 852-9400 Name of person to be contacted concerning this project: Mark Linman Address: 11316 Roiling Hills Drive City, State, Zip Code: El Cajon. CA 92020 Phone Number: (619) 997-8288 Address of Project: 2687 Gateway Road, Carlsbad, CA 92008 Assessor's Parcel Number: 213-191-15 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: None 6. Existing General Plan Land Use Designation: P-C (Planned Community) 7. Existing zoning district: P-M (Planned Industrial) 8. Existing land use(s): Commercial Shopping Center 9. Proposed use of site (Project for which this form is filed): Wireless communications facility Project Description 10. Site size: 3.88 acres 11. Proposed Building square footage: No change 12: Number of floors of construction: No change 13. Amount of off-street parking provided: No change 14. Associated projects: None p-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: The proposed use is a wireless communications facility. The facility is unmanned and only require periodic maintenance. No additional loading facilities are proposed. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: The proposed communications use is allowed upon approval of a Minor CUP in accordance with the requirements of the City zoning ordinance. P-1 (D) Page 3 of 4 Revised 07/10 ^^^^^ ^^1^ Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial G 0 alteration of ground contours. 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. O ^ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • E2f alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. O ^ 27. Site on filled land or on slope of 10 percent or more. • 2f 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, Q 5^ etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). O 8f 31. Relationship to a larger project or series of projects. 5?f • 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. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification 1 hereby certify that the statements fumished 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 an/l^be)jef. Date: February 22, 2012 Signature: ^ For: Mark Linman, Agent for Verizon Wireless p-1 (D) Page 4 of 4 Revised 07/10 ^ EIA INFORMATION Development services FORM Planning Division ^ CITYOF P1/n\ 1635 Faraday Avenue r*AR| <;RAn {760)602^10 V*r^l\L.*JU#niL^ www.carlsbadca.gov Environmental Setting 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. The project site is a previously developed 3.88-acre commercial parcel with a 47,363 square foot retail grocery store building and associated parking, landscaping and related improvements. The site has been previously graded and does not have any native plants or known cultural or historical resources. The existing development is typical of surrounding development and would not be considered to be scenic. There are no features located on the site that would be considered scenic resources or visually significant. Photos of the project site are attached. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical a'scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Properties surrounding the site include industrial uses, open space, commercial uses and residential uses. Industrial uses are located to the north and northeast of the project site across Gateway Road. Some of these properties are developed concrete tilt-up buildings and related improvements; others are undeveloped, graded pads. To the south and east of the project site are vacant parcels designated as open space. To the immediate north and west of the site are additional retail commercial uses. Beyond the commercial uses to the west are residential uses at varying densities. Photos of the surrounding properties are attached. CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 29. 2012 PROJECT NO(S): MCUP 12-01 REVIEW NO: 1 PROJECT TITLE: VERIZON PALOMAR GATEWAY APPLICANT: VERIZON WIRELESS - MARK LINMAN TO: • • • • • • • • • Land Development Engineering-Terie Rowley Police Department - J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque • Water/Sewer District Landscape Plancheck Consultant PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •^ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 03/21/2012. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application ^'complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 05/11 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 29. 2012 PROJECT NO(S): MCUP 12-01 REVIEW NO: 1 PROJECT TITLE: VERIZON PALOMAR GATEWAY APPLICANT: VERIZON WIRELESS - MARK LINMAN TO: M • • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 03/21/2012. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 05/11 <^ ij^^ CITY OF ^ CARLSBAD Memorandum March 13, 2012 To: Chris Garcia, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Senior Civil Engineer Re: SUBJECT: MCUP 12-01 VERIZON PALOMAR GATEWAY CONDITIONS Land Development Engineering has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for continued review. Engineering staff does not have any comments to add to the project. Please add the following conditions to the approving resolution/letter: 1. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. David Rick Associate Engineer - Land Development Engineering Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 29. 2012 PROJECT NO(S): MCUP 12-01 REVIEW NO: 1 PROJECT TITLE: VERIZON PALOMAR GATEWAY APPLICANT: VERIZON WIRELESS - MARK LINMAN TO: • • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 03/21/2012. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 05/11 CITY OF CARLSBAD REVIEW AND COMMENT MEMO FILE COFi DATE: FEBRUARY 29. 2012 PROJECT NO(S): MCUP 12-01 REVIEW NO: 1 PROJEa TITLE: VERIZON PALOMAR GATEWAY APPLICANT: VERIZON WIRELESS - MARK LINMAN TO: • • • • • • • • • Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque _Water/Sewer District Landscape Plancheck Consultant PELA School District North County Transit District - Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 03/21/2012. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 05/11 o FILE Planning Division www.carlsbadca.gov April 2, 2013 Robert Suarez 325 Carlsbad Village Drive, Suite D-2 Carlsbad, CA 92008 SUBJECT: NOTICE OF RESTRICTION-MCUP 12-01-VERIZON PALOMAR GATEWAY Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Minor Conditional Use Permit. Please ensure the following items are addressed prior to returning the Notice of Restriction: .r Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) .r Document must be properly notarized . .r Name on signature page and name on Notarial Acknowledgement must match . .r Property owner's signatures/initials must be the same as on Notary Acknowledgement. .r Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light} . .r Include property owner's name in the designated space above the owner's signature . .r Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the· Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, ~~ CHRIS GARCIA Junior Planner c: CED Senior Management Analyst File Copy T 760-602-4600 F 760-602-8559 ® <i^^ CITY OF V CARLSBAD Planning Division March 26, 2012 r i www.carlsbadca.gov Mark Linman 11316 Rolling Hills Drive El Cajon, CA 92606 SUBJECT: NOTICE OF RESTRICTION - MCUP 12-01 - VERIZON PALOMAR GATEWAY Dear Appiicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Minor Conditional Use Permit. Please ensure the following items are addressed prior to returning the Notice of Restriction: ^ Correct Notary Acknowledgement Required (Effective January 1. 2008. all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ^ Document must be properly notarized. ^ Name on signature page and name on Notarial Acknowledgement must match. ^ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ^ Notary Seal cannot be blurry/too light {County will not record the document if any portion of the Notary Seal is blurry or too light). ^ Include property owner's name in the designated space above the owner's signature. ^ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson(gcarlsbadca.gov. Sincerely, CHRIS GARCIA Junior Planner c: CED Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © VcARLSBAD i-Jrii-t Planning Division www.carlsbadca.gov March 22, 2012 Mark Linman 11316 Rolling Hills Drive El Cajon, CA 92606 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 12-01 - VERIZON PALOMAR GATEWAY - Request for approval of a Minor Conditional Use Permit (MCUP 12-01) to allow the installation, operation and maintenance of a Wireless Communications Facility (WCF) consisting of twelve (12) panel antennas and one (1) microwave dish located within an existing clock tower, behind RF transparent screen walls that are textured and painted to match the existing building and a new equipment enclosure constructed of masonry walls with a stucco finish and a decorative wood trellis to match the existing building. The project is located at 2687 Gateway Road, in the P-C Zone and Local Facilities Management Zone 17. Dear Mr. Linman, The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 12-01 for a Wireless Communication Facility (WCF) at 2687 Gateway Road. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on March 15, 2012). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the four findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that (a) the use is necessary and desirable for the development of the community because of the benefit and demand for digital communications and data transmissions for businesses, individuals, public agencies and emergency service systems in this part of the City; (b) the proposed use is consistent with the General Plan in that the Local Shopping Center (L) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses, and (c) the proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (Commercial Zone) and exhibits a stealth design in that the twelve (12) panel antennas and one microwave dish are located within the existing clock tower behind RF transparent screen walls that are textured and painted to match the existing building fagade. In addition, the new equipment enclosure behind the building will be constructed of masonry walls with a stucco finish and a decorative wood trellis, painted and 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ?MCUP 12-01 - VERIZON PALOMAR GATEWAY March 21, 2012 P'aqel2 textured to match the existing building. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed WCF is located within a preferred location (Commercial Zone) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64. All aspects of the WCF exhibit stealth design which are completely hidden within the existing clock tower and the new equipment enclosure that is textured, painted, and screened to match the existing building. The WCF use is not precluded by the project site's Planned Community (P-C) Zone and furthermore, the proposed WCF equipment enclosure will result in only minimal additional building coverage. The WCF does not visually impact the existing site or building design as the RF screen panels and equipment enclosure are designed so that they blend in with the buildings architecture, and do not interfere with nor are they 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 the proposed twelve (12) antennas and one microwave dish are located within an existing clock tower behind RF transparent screen walls textured and painted to match the existing building fagade and complies with all the WCF development standards, the Planned Community Zone and the Bressi Ranch Master Plan. The equipment enclosure will be constructed of masonry walls with a stucco finish and a decorative wood trellis, painted and textured to match the existing commercial building. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the WCF use generates very little traffic, requiring only routine monthly maintenance visits and occasional visits in response to operational problems. In addition, the existing street system is adequate to properly handle any traffic generated by the use. 5. That the proposed wireless communication facility is consistent with City Council Policy No. 64, in that the WCF is located within a preferred location (Commercial Zone) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64, exhibits stealth design, and only minor alterations to the site are proposed to accommodate the use. The proposed equipment cabinets are located entirely within a new equipment enclosure constructed of masonry walls with a stucco finish and a decorative wood trellis, painted and textured to match the commercial building. The proposed twelve (12) antennas and one microwave dish are located within the existing clock tower behind RF transparent screen walls textured and painted to match the existing building. 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 MCUP 12-01 - VERIZON PALOMAR GATEWAY March 21, 2012 Page 3 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 - New Construction or Conversion of Small Structures, of the state CEQA Guidelines. Additionally, as the WCF must comply with FCC regulations, radio frequency emissions from the existing facility are below levels established as acceptable by the FCC, and are therefore not considered a health 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 approval, 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: 1. Approval is granted for MCUP 12-01 - Verizon Palomar Gateway as shown on Exhibits "A" - "I" dated March 21, 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 MCUP 12-01 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. MCUP 12-01 - VERIZON PALOMAR GATEWAY March 21, 2012 Page 4 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 12-01 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 approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the 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. 8. This Conditional Use Permit is granted for a period of ten (10) years from March 21, 2012 through March 20, 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. 9. Prior to the issuance of a permit, the Developer shall provide proof to the City Planner from Carlsbad School District that this project has satisfied its obligation to provide school facilities. 10. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 11. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying ail interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all MCUP 12-01 - VERIZON PALOMAR GATEWAY March 21, 2012 Page 5 conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of 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 owner/applicant or successor in interest. 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 13. Developer/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. 14. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 15. The doors to the generator room and to the clock tower shall be painted to match the adjacent building color(s). Engineering: 16. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Code Reminders: 17. 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 othenwise specifically provided herein. 17. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. MCUP 12-01 - VERIZON PALOMAR GATEWAY March 21, 2012 Page 6 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES 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 otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $620.00 plus notice fees. 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 Chris Garcia at (760) 602- 4622. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:sm c: Regency Bressi, LLC, 41 Corporate Park, Suite 260, Irvine, CA 92606 Verizon Wireless, 15505 Sand Canyon Avenue, Irvine, CA 92618 Don Neu, City Planner Michele Masterson, Senior Management Analyst Principal Planner Project Engineer File Copy DMS/Data Entry CARLSBAD Planning Division • FILE www.carlsbadca.gov March 19, 2012 Mark Linman 11316 Rolling Hills Drive El Cajon, CA 92606 SUBJECT: MCUP 12-01 - VERIZON PALOMAR GATEWAY - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviev\/ing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA State Guidelines Section 15303 - New Construction or Conversion of Small Structures. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at (760) 602-4622 orchris.garcia(a)carlsbadca.gov. Sincerely, DON NEU, AiCP City Planner DN:CG:bd Regency Bressi, LLC, 41 Corporate Park, Suite 260, Irvine, CA 92606 Verizon Wireless, 15505 Sand Canyon Avenue, Irvine, CA 92618 Chris DeCerbo, Principal Planner Van Lynch, Senior Planner David Rick, Associate Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0 4% c,TV Of FIIFPOPY V^CARLSBAD '^"•^ Planning Division www.carlsbaclca.gov March 19, 2012 Mark Linman 11316 Rolling Hills Drive El Cajon, CA 92606 SUBJECT: 1ST REVIEW FOR MCUP 12-01 - VERIZON PALOMAR GATEWAY Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Minor Conditional Use Permit, application no. MCUP 12-01, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:bd c: Regency Bressi, LLC, 41 Corporate Park, Suite 260, Irvine, CA 92606 Verizon Wireless, 15505 Sand Canyon Avenue, Irvine, CA 92618 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner Van Lynch, Senior Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®