HomeMy WebLinkAboutMCUP 13-03; T-Mobile The Islands; Conditional Use Permit (CUP)d~.·~ ""~· y ~ 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)
Development Permits
D Administrative Permit
D Coastal Development Permit (*) D Minor
J&l Conditional Use Permit (*) ~ Minor D Extension
D Environmental Impact Assessment
D Habitat Management Permit D Minor
D Hillside Development Permit (*)
D Planned Development Permit
D Residential D Non-Residential
D Planned Industrial Permit
D Planning Commission Determination
D Site Development Plan
D Special Use Permit
D Tentative Tract Map
D Variance D Administrative
(FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
D General Plan Amendment
D Local Coastal Program Amendment (*)
D Master Plan 0Amendment
D Specific Plan D Amendment
D Zone Change (*)
D Zone Code Amendment
South Carlsbad Coastal Review Area Permits
D Review Permit
D Administrative D Minor D Major
Village Review Area Permits
D Review Permit
D Administrative D Minor D Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).:
PROJECTNAME: , '-1-MobJ'te '1h& LsiMdS
BHIEF DESCRIPTION OF PROJ~CT: , RiJJVI'f . fvf (..U.P Q + -0 I ( f tp 1' red) :f.? r 1-fvl 0 b1l €
w1~ (.tJmmHKl, robon fWll~ .
BRIEF LEGAL DESCRIPTION: f 0 y-CeA j_ o-f p q@ m g r M S 0 5 -Q (, 1 ,.I\ ffi e ci~ of
~sbo. d, rnCXf o o. ~oo~ 9
LOCATION OF PROJECT:
ON THE: SIDE OF
(NORTH, SOUTH, EAST, WEST) (NAE OF STREET)
BETWEEN AND tol~e R>hrd.
(NAME OF STREET)
\)evooo 1\
P-1 Page 1 of6 Revised 06/12
c
OWNER NAME (Print): Ber-dan -tto I d ,· () 8 1-J-c )
MAILINGADDRESS: .QO/ Sp.£ttnlm CJCrAL
CITY, STATE, ZIP: 0M'\1Md ()\ Cf30..30 ;
TELEPHONE: [8p5)d -f--8-aaap
EMAIL ADDRESS: Or L.U1 e @ b I+ -e.trt(:t:p n ·~ ,
Lnm
APPLICAN"HJAME (Print): j :H Q b 1 '( t ~ Go rp.
MAILING ADDRESS: , 0 5o 9 v ,·.s + q . , Q rtth t-o r K IWY
~~:::~::;ZIP: S[t5~~~ ~~i?lad
EMAIL ADDRESS: 1<.J. rt. b gD Co c)( @ f -IY'I o bt 'I e
[_;() fY"I
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. THE BEST OF MY KNOWLEDGE.
-DAD..Ol:._O. ~ ctt/~ (J[tt:Vv ~ #..Ill~ 1/ fq'flt a s£NATGRE-=--::-DA-:-::T:=-E-----1 ~URE DATE
APPliCANTS REPRESENTATIVE (Prlnt)o 1 n~if:rltjl f.,(j' J-eheJ.I J l\-rcl11 +«:h<re
MAILING ADDRESS: y g g 3 "Rn n s 0 _ Ck_ _ ______ct
CITY, sTATE, ZIP: ~ ~ ·. e~ tl tA 9 &,.lll
TELEPHoNE: j ~ ~5 ~JI3o I fox·. l<65~ ~so~J l'io
EMAIL ADDREss: Lu n YLQ.,.Q BQn-e tt ('V m, +ch e..U 1 (X) m
\..
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
~ ·~!,4 11/~~1&.
SIG.W'tlURE DATE
v
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. IM/E 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
P-1 Page 2 of6
REC
FEB 0 6 201~
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 06/12
c
Berdan Holdings LLC & Foxborough Park Inc.
LETTER OF AUTHORTZA TION
December 6, 2012
City of Carlsbad
Development Services, Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-4610
RE: Authorization for Obtaining Land Use Entitlements
T-Mobile Site SD06398A
The Island at Carlsbad, APN: 212-120-56
To Whom It May Concern:
Berdan Holdings LLC and Foxborough Park Inc., owners of the property known as The
Island at Carlsbad, hereby authorize their tenant Cingular Wireless/T-Mobile, its
employees, agents, and contractors, to file and complete any applications necessary to
obtain City of Carlsbad approval for modifications to their leased premises at 5804-5814
Van Allen Way (the '1Subject Property").
Lumley
resident of Real Estate
SOl Spectrum Circle, Oxnard CA 93030 I 805-278-8220 I 805-278-8221 Fax
0
Berdan Holdings LLC & Foxborough Park Inc.
Via Overnight Delivery
December 14, 2012
Ms. Lynnea Barrett
Mitchell J Architecture, Inc.
4883 Ronson Court, Suite N
San Diego, CA 92111
RE: Ownership Approval of Proposed Modifications
T -Mobile (formerly Cingular) leased premises at Island at Carlsbad
Dear Ms. Barrett:
Berdan Holdings LLC & Foxborough Park Inc, as ownership of the T-Mobile (formerly
Cingular) leased premises at the Island at Carlsbad (referred to as T-Mobile site
#SD06398), has granted approval of the proposed modifications/equipment upgrades on
the conditions that the equipment and antennas (i) will not be visible from the ground,
(ii) will not impact the structural integrity of the building, and (iii) will not damage the
roof membrane. Enclosed is the requested Letter of Authorization to proceed with
obtaining City of Carlsbad approval for modifications to the leased site. If you have any
questions or concerns, please feel free to contact us.
Sincerely,
<daut4t f0~te_
Sarah Rune
/ser
Enclosures
CC: Kirt Babcock, T -Mobile West Corp.
10509 Vista Sorrento Parkway, Suite #206
San Diego CA 92121
T-Mobile USA Inc., ATTN: Lease Management
12920 SE 381h Street
Bellevue ,W A 98006
Robert Lumley, Berdan Holdings LLC
Lisa Tamayo, Berdan Holdings LLC
501 Spectrum Circle, Oxnard CA 93030 I 805-278-8220 I 805-278-8221 Fax
,,, b"'l ·.~.· · ·Mo 1 e•
October 24, 2012
Island of Carlsbad MSCI 2006-HQ8
5814 Van Allen Way
Carlsbad, CA 92008
0
T-Mobile West Corpor·ation
a subsidiary ofT-Mobile USA fnc.
1 0509 Vista Sorrento Parkway, # 206
San Diego, California 92121
RE: T-Mobilc Agency Authorization-Mitchell J Architecture
T-Mobile Site: SD06398A The Island
Site Address: 5814 Van Allen Way, Carlsbad, CA 92008
Dear Property Owner:
This is written to confirm that Mitchell J Architecture, its employees, agents, and
contractors, are authorized to represent T-Mobile in real estate and land use matters
related to the wireless communication facility located at 5814 Van Allen Way, Carlsbad,
CA 92008.
If you have any questions or concerns, please contact me at (858) 334-6139.
s/h ~/~--·-
Kirt Babcock
T -Mobile USA, Inc.
0 0
«~J ~ CITY OF
DISCLOSURE
STATEMENT
P-1{A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
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 1 0% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person N I A Corp/Part 'ltio b1 'r e W e-s + Corp ..
Title N I A Title K ,. rt r3 ctb cock
Address N I A Address !05 09 '{lS""tg So~'ho pkv-f ~
scm dJ e3o, ca. dl& 1
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 publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person N lA
Title N I A
Corp/Part Bexdan t±ol d ,· n~ s LLC t
Title ~OJ< borou.gh (Vq K l rtt.
Address N /A Address .,50 I '"Sp ot:tn.ttn c/aJ.&..
ox nard . CA q3o .ap
Page 1 of2 Revised 07/10
-
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non ProfiUTrust N lA Non ProfiUTrust'--...:f'I~/A~------
Title ___________ _ Title. _____________ _
Address _________ _ Address. ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes LZl No If yes, please indicate person(s):. ___________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
~l-et .?..Q.£c a:tte!.cNcl t..atVv
sQnatUre of owner/date 0tUre of applicant/date ~~
Print or type name of owner
~ n t"\W Sarrett. H rtch eJ I ;:1
Prl or type name of applicant ..orr-c..h 1 +ec:J--u.re
e of owner/applicant's agent if applicable/date
P-1(A) Page 2 of2 Revised 07/10
j s
PROJECT
DESCRIPTION
P-1(8)
PROJECT NAME: 'j-fvl 0 b1'1 e 1 h-e I 5 l W\ d
APPLICANT NAME: 'j -Mob,· I e If'( e-5 t Corp,
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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 information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
~se see ctttcuhed
P-1{8) Page 1 of 1 Revised 07/10
0
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PROJECT DESCRIPTION & JUSTIFICATION
T-MOBILE SD06398A, THE ISLAND
To:
From:
City of Carlsbad
Development Services, Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
Lynnea Barrett
Mitchell J Architecture
4883 Ronson Court, Suite N
San Diego, CA 92111
T-Mobile currently operates a wireless communication facility located at 5814 Van Allen
Way, Carlsbad, CA 92008 ("Subject Property"). The existing T-Mobile facility was
originally approved under Conditional Use Permit (CUP) 01-30 on March 6, 2002. A
Minor Conditional Use Permit (MCUP 07-01) was granted on March 6, 2007. The site is
approved for a total of twelve (12) antennas. Sectors A and Bare located in a rooftop
cupola and Sector C is recessed behind an existing parapet wall.
The purpose of this application is to renew the zoning permit for the Subject Property. T-
Mobile also proposes to replace existing antennas with six (6) replacement antennas and
add one (1) additional cabinet. In addition, T-Mobile proposes to add two (2) RRUs per
antenna for a total of twelve (12) RRUs.
The visual impact to the surrounding community is minimized because the site uses a
stealth design. Two (2) sectors of antennas are concealed from public view in a rooftop
cupola above the commercial shopping center and one (1) sector of antennas is recessed
behind an existing parapet wall covered with RF transparent screen material. The
associated equipment is located in an equipment shelter painted to match the building.
The shelter is located at the back of the shopping center.
As depicted in the attached coverage maps, the existing wireless communication facility
provides essential communication and improved service to the surrounding area. The
facility ensures uninterrupted wireless service in the area. Without the facility at the
current location, there would be a significant gap in coverage that would negatively
impact the surrounding community.
4883 Ronson Court • Suite N • San Diego • California • 92111 • 858.650.3130 • Fax.650.3140
i\-1!h_'IK'II J -\rchitl' .. ·turl'. IHl' • ·\ ( .lllhmud ( \l!plltdli,m • \likh-:!1 J ( ';wlp:!:-:n.l • .\r,:hill:.:t • \\\\\\ ttl!k·h,:l!i.l'd!H
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Page Two
The proposed exchange of antennas is compatible with the surrounding uses and
consistent with the General Plan. The existing site is located in a commercial zone, a
preferred location as noted in the location guidelines in Carlsbad City Council Policy No.
64, Wireless Communications Facilities. This site is in a busy commercial center close to
businesses and offices and central to high traffic roads such as Faraday A venue and
College Boulevard.
In addition, this site is co-located with another wireless communication carrier, Nextel.
Nextel also has antennas concealed within a rooftop cupola above the building.
If you have any additional questions, I can be reached by phone at (858) 650-3130 or by
e-mail at lynnea.barrett@mitchellj.com.
Sincerely,
Lynnea Barrett
4883 Ronson Court • Suite N • San Diego • California • 92111 • 858.650.3130 • Fax.650.3140
\1tkh~,_'11 ,I '\H.:hi(I..-'C'll!!t.'. lnc • \ ( :dil~Hni;t ( \Hp1tulii)ll • t\lih.:h ... ·ll J Campd~'Jl<l • '\!\.'hihxl • \1.\\\\.tHik·h ... ·lli.cPm
· · ~ · ·Mobile·
SD06398A
Coverage Map
RF Team San Diego Market
Oct 31, 2012
( )
() :
i ,;p~ ?i "' ,?ft.',
~~
· · tF · ·Mobile·
Contents:
Plots:
• SD06398A coverage
• SD06398A On-Air neighbor sites coverage
• SD06398A with On-Air neighbor sites coverage
f'
(J
• •
In Car
• Outd oo r
e Poor to No Signal
0 No Coverage
SD06398A Coverage
• •
Legend: Coverage Leve l
• In B ilding Commercial
In Building Residential
In Car
• Outdoor
e Poor to No Signal
0 No Coverage
On Air neighbor sites coverage
e In B ilding Commercial
In Buil ding Residential
In Car
• Outdoor
SD06398A with On Air neighbor sites coverage
e Poor to No Signal
0 No Coverage
· · tF · ·Mobile·
( )
Thank You
0
S])00 9 3
«~i ~ 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}:
~ 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.
D The development project and any alternatives proposed in this application !!.! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: '1-Nobt.le V'fest Corp.
Address: I 0 5 0 9 \f I 'st q S 0 rren to
.san :D ,, e 8 o , CA 9 OJ dJ
Phone Number: ( 8 S<(D c33 :1 -b 13 q
PROPERTY OWNER
Name: Berda.q Hoi ell d9J LLC + --ffixloorou,qh Pa_ lY\C..
Address: 50 I .Sp U:trum (,/ 'nj e
OXY1ard. cA cywap
Phone Number: (lSP b) J...f-8-8J<X,p
Address of Site: 5 R p-J Val\ I+ II en !r{ CA.f:j l ccvJA).b a d J CA 9 aoo 8
Local Agency (City and County): c,~ of c~ bod! San .J) i eao C.Oun~
Assessor's book, page, and parcel number: _ _,.,c11"""'""a....._-I'-"CW:......::.._-..::::5'-"0::....._ ___________ _
Specify list(s): ____________________________ _
Regulatory Identification Number: ______________________ _
Date of List: _____________________________ _
1\~e/Date ~~ ~ SR!L~ (_iJWv
Pr perty Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List} is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 07/10
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1 (C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
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.gov/sitecleanup/Corteselist/default.htm
www.calepa.ca.gov/database/calsites
www.envirostor.dtsc.ca.gov/public
EnviroStor Help Desk (916) 323-3400
State Water Resources Control Board
http://geotracker.waterboards.ca.gov/
County of San Diego
Department of Environmental Health Services
www.co.san-diego.ca.us/deh
Hazardous Materials Division
www.sdcounty.ca.gov/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.gov/superfund/sites/cursites
(800) 424-9346 or (702) 284-8214
National Priorities List Sites in the United States
www.epa.gov/superfund/sites/npl/npl.htm
P-1(C) Page 2 of2 Revised 07/10
$J)
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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 all requirements are necessary for your particular
·application) please call (760) 602-4610.
Applicant Signature: ~ •"U!:lG '~ , R 1±che!A ,J Ayyh '-tf.,c.hlre
Staff Signature: ·
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
..
"TICOR TITLE COMPANY
OF CALIFORNIA
0
2878 Camino Del Rio South, Suite 500
San Diego, CA 92108
Phone: (619) 260-0015
Fax: (619) 692-9465
Issuing Policies of Chicago Title Insurance Company
ORDER NO.: 00117454-995-ND Escrow/Customer Phone: (858) 650-3130
Title Officer: Marina Nguyen/Karen Dennis
Title Officer Phone: (619) 260-5280
Title Officer Fax: (619) 295-5241
Mitchell J Architecture, Inc.
4883 Ronson Court Suite N
San Diego, CA 92111
ATTN: Rocki Lam Title Officer Email: TeamMarina.Karen@TicorTitle.com
Email: rocki.lam@mitchellj.com
PROPERTY: 5802 Van Allen Way #14, Carlsbad, CA 92008
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Ticor Title Company of California 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. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for
certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from
the office which issued this report.
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.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska
Corporation.
Please read the exceptions shown or referred to herein 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 he 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.
Ticor Title Company of California ..
Authorized Signature
CLTA Preliminary Report Form-Modified (ll/17/06) Pagel
TICOR TITLE COMPANY
OF CALIFORNIA
PRELIMINARY REPORT
EFFECTIVE DATE: October 15,2012 at 7:30a.m.
The form of policy or policies oftitle insurance contemplated by this report is:
2878 Camino Del Rio South, Suite 500
San Diego, CA 92108
Phone: (619) 260-0015
Fax: (619) 692-9465
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED
BY THIS REPORT IS:
A fee as to parcel A and an easement as to parcel B
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Berdan Holdings, LLC, a Delaware Limited Liability Company as to an undivided 84% interest and
Foxborough Park, Inc., a California Corporation as to an undivided 16% interest as tenants in common
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
CL T A Preliminary Report Form -Modified (Ill 17/06) Page 2
..
•
PRELIMINARY REPORT
YOUR REFERENCE:
EXHIBIT "A"
LEGAL DESCRIPTION
Ticor Title Company of California
ORDERNO.: 00117454-995-ND
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1 OF PARCEL MAP MS 05-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AS SHOWN ON MAP NO. 20089, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY.
PARCELB:
A RECIPROCAL EASEMENT FOR PARKING, DRIVING, SIDEWALKS, COMMON AREAS AND SUCH OTHER
RIGHTS AS SET FORTH IN THE RECIPROCAL EASEMENT AGREEMENT DATED OCTOBER 27, 2005 AND
RECORDED OCTOBER 27, 2005 AS INSTRUMENT NO. 2005-0934587 OF OFFICIAL RECORDS IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY AND IN THE AMENDED AND RESTATED RECIPROCAL
EASEMENT AGREEMENT RECORDED OCTOBER 19, 2006 AS INSTRUMENT NO. 2006-0744418 OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
APN: 212-120-56-00
CLTA Preliminary Report Form-Modified (11/17/06) Page 3
PRELIMINARY REPORT
YOUR REFERENCE:
,.,.,
Ticor Title Company of California
ORDER NO.: 00117454-995-ND
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. Property taxes, including any personal property taxes and any assessments collected with taxes are as follows:
Code Area:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Exemption:
Land:
Improvements:
09094
212-120-56-00
2012-2013
$53,010.49, open
$53,010.49, open
$0.00
$4,000,000.00
$5,000,000.00
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with
Section 75) of the Revenue and Taxation Code ofthe State of California.
3. The herein described Land is within the boundaries of the Mello-Roos Community Facilities District(s). The annual
assessments, if any, are collected with the county property taxes. Failure to pay said taxes prior to the delinquency
date may result in the above assessment being removed from the county tax roll and subjected to Accelerated
Judicial Bond Foreclosure. Inquiry should be made with said District for possible stripped assessments and prior
delinquencies.
4. Water rights, claims or title to water, whether or not disclosed by the public records.
5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
City of Carlsbad
drainage
January 22, 1985
85-021198 of official records
parcel 1 as shown on said map
Reference is hereby made to said document for full particulars.
The effect of the following recital as contained on map 11811:
Note: drainage easement to the City of Carlsbad, recorded January 22, 1985 as file no. 85-021198 to be quitclaimed
subsequent to the filing of this map", as of the date of this report, no such quitclaim deed is of record.
6. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
Agreement for Drainage
Carlsbad Research Center and the City of Carlsbad
November 3, 1986
86-501526 of official records
Reference is hereby made to said document for full particulars.
7. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said
Land, such rights having been relinquished by said map/plat.
Affects: said land adjacent to College Boulevard
Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of
vehicular access have not been relinquished.
CL T A Preliminary Report Form -Modified ( 11/17/06) Page 4
PRELIMINARY REPORT
YOUR REFERENCE:
EXCEPTIONS
(Continued)
Ticor Title Company of California
ORDER NO.: 00117454-995-ND
8. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication,
on the map of said tract/plat;
Purpose:
Affects:
Recording No:
drainage easement
as shown on said map 11811
May 19, 1987
9. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to
those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic
information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law, as set forth in the document
Recording Date: June 29, 1988
Recording No: 88-313420 of official records
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.
Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of
certain mortgages or deeds of trust made in good faith and for value.
The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by
an instrument
Recording Date: August 8, 1988
Recording No: 88-387706 of official records
Modification(s) of said covenants, conditions and restrictions
Recording Date: June 1, 1995
Recording No: 1995-0230848 of official records
Modification(s) of said covenants, conditions and restrictions
Recording Date:
Recording No:
September 18, 2001
2001-0671492 of official records
Modification(s) of said covenants, conditions and restrictions
Recording Date: February 8, 2012
Recording No: 2012-0073464 of official records
10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
San Diego Gas and Electric Company
public utilities, ingress and egress
January 18, 2000
2000-002519 of official records
a portion of said land as more fully described in said document
CL T A Preliminary Report Form -Modified ( 1l/1 7/06) Page 5
PRELIMINARY REPORT
YOUR REFERENCE:
Ticor Title Company of California
ORDER NO.: 00117454-995-ND
EXCEPTIONS
(Continued)
The exact location and extent of said easement is not disclosed of record.
Reference is hereby made to said document for full particulars.
11. Easement( s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
Carlsbad Municipal Water District, a public agency
water line easement
May 31,2000
2000-0283922 of official records
parcel 1 as shown on said map
Reference is hereby made to said document for full particulars.
12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
City of Carlsbad, a Municipal Corporation
public street and public utility
June 5, 2000
2000-0293359 of official records
parcel 1 as shown on said map
Reference is hereby made to said document for full particulars.
13. Matters contained in that certain document
Entitled: Agreement for Reimbursement of Costs for the construction of the Faraday A venueN an
Allen Way Traffic Signal for the Island @ Carlsbad Development and Traffic Signal
Improvement Drawing 383-5C
Dated:
Executed by:
Recording Date:
Recording No:
June 10, 2001
City of Carlsbad and the Island @ Carlsbad, LLC
June 20, 2001
2001-0415716 of official records
Reference is hereby made to said document for full particulars.
14. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document
Entitled:
Lessor:
Lessee:
Recording Date:
Recording No:
Memorandum of Lease
The Island @ Carlsbad, LLC, a California Limited Liability Company
Cingular Wireless, LLC, a Delaware Limited Liability Company on behalf of Pacific Bell
Wireless, LLC, a Nevada Limited Liability company d/b/a Cingular Wireless
December 18, 2001
2001-0930691 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 6
PRELIMINARY REPORT
YOUR REFERENCE:
EXCEPTIONS
(Continued)
Ticor Title Company of California
ORDER NO.: 00117454-995-ND
15. Matters contained in that certain document
Entitled:
Dated:
Executed by:
Recording Date:
Recording No:
Reciprocal Easement Agreement
October 27, 2005
Torrance Crossroad Investments I, LLC, a Delaware Limited Liability Company and
Visionary Partners I, LLC, a Delaware Limited Liability Company and Bryant Power
Partners I, LLC, a Delaware Limited Liability Company and Island Property Partners,
LLC, a Delaware Limited Liability Company
October 27, 2005
2005-0934587 of official records
Reference is hereby made to said document for full particulars.
Modified by document recorded October 19, 2006 as file no. 2006-0744418 of official records.
16. Notice of Restriction on real property by a non-residential planned development permit no., PUD 05-18 approved by
the City of Carlsbad on February 21, 2006 and notice recorded July 14, 2006 as file no. 2006-0498074 of official
records.
17. Notice of Restriction on real property by a non-residential planned development permit no., PUD 05-18 approved by
the City of Carlsbad on February 21, 2006 and notice recorded July 14, 2006 as file no. 2006-0498075 of official
records.
18. Notice ofRestriction on real property by a non-residential planned development permit no., PUD 05-18 approved by
the City of Carlsbad on February 21, 2006 and notice recorded July 14, 2006 as file no. 2006-0498076 of official
records.
19. Notice of Restriction on real property by a non-residential planned development permit no., PUD 05-18 approved by
the City of Carlsbad on February 21, 2006 and notice recorded July 14, 2006 as file no. 2006-0498077 of official
records.
20. Any rights, interests or claims which are not disclosed by the public records, whether or not such rights, interests or
claims could be ascertained by making inquiry of the co-tenants and/or any person or persons claiming under them.
21. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge
of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.
CLTA Preliminary Report Form-Modified (11/17/06) Page 7
PRELIMINARY REPORT
YOUR REFERENCE:
-
EXCEPTIONS
(Continued)
Ticor Title Company of California
ORDER NO.: 00117454-995-ND
22. The Company will require the following documents for review prior to the issuance of any title assurance predicated
upon a conveyance or encumbrance from the entity named below:
Limited Liability Company: Berdan Holdings LLC
a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications
thereto, certified by the appropriate manager or member
b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto
with the appropriate filing stamps
c) If the Limited Liability Company is member-managed, a full and complete current list of members certified
by the appropriate manager or member
d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the
Company, that it was validly formed, is in good standing and authorized to do business in the state of origin
e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish
evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the requested
documentation.
23. The Company will require the following documents for review prior to the issuance of any title assurance predicated
upon a conveyance or encumbrance by the corporation named below:
Name of Corporation: Foxborough Park, Inc.
a) A Copy of the corporation By-laws and Articles oflncorporation
b) An original or certified copy of a resolution authorizing the transaction contemplated herein
c) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By-
laws of the parent
The Company reserves the right to add additional items or make further requirements after review of the requested
documentation.
24. This company will require the following document for review:
Roll of rents
END OF ITEMS
CLTA Preliminary Report Form-Modified (11/17/06) Page 8
·'
PRELIMINARY REPORT
YOUR REFERENCE:
c
NOTES
Ticor Title Company of California
ORDER NO.: 00117454-995-ND
Note: The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments
entered in actions filed by both the Attorney General and private class action plaintiffs, for the herein described
Land.
Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as
follows:
Grantor:
Grantee:
Recording Date:
Recording No:
Grantor:
Grantee:
Recording Date:
Recording No:
Beacon Default Management, Inc., a California Corporation
Island at Carlsbad MSCI 2006-HQ8, LLC, a Delaware Limited Liability Company
August 30, 2011
2011-0446670 of official records
Island at Carlsbad MSCI 2006-HQ8, LLC, a Delaware Limited Liability Company
Berdan Holdings, LLC, a Delaware Limited Liability Company as to an undivided 84%
interest and Foxborough Park, Inc., a California Corporation as to an undivided 16%
interest as tenants in common
October 16,2012
2012-0633164 of official records
Note: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to
an Extended Coverage Loan Policy, when issued.
Note: In compliance with the new RESPA regulations, Ticor Title Company of California will be averaging recording fees
for Single Family 1-4 Residential properties. Please contact your Title Officer to obtain the current recording fees. In
addition, Ticor Title Company of California will pay our underwriter 12% of the title premium, as disclosed on lines
1107 and 1108 of the HUD-1.
Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand
arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance
or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of
the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your
Title Insurance coverage.
Note: If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association
provides a copy of a declaration, governing document or deed to any person, California law requires that the
document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least
14-point bold face type and may be stamped on the first page of any document provided or included as a cover page
attached to the requested document. Should a party to this transaction request a copy of any document reported
herein that fits this category, the statement is to be included in the manner described.
PRELIMINARY REPORT
YOUR REFERENCE:
Ticor Title Company of California
ORDER NO.: 00 117454-995-ND
When t1 d . d t T Ttl C un s are wtre 0 !COr 1 e
US Bank
535 Westminster Mall
Westminster, CA 92683
NOTES
(Continued)
WIRE INSTRUCTIONS
omJ>any o fC rtl h . a 1 ornta, please use t e mstruct10ns b 1 eow:
ABA (Routing) Number: 122235821
Account No.: 153497036480
Account Name: Ticor Title Company of California
Please credit The Island and reference our title order number to avoid return of funds.
Funds received by Ticor Title Company of California via wire transfer may be disbursed upon receipt. Funds received by this
company via cashier's check or tellers check may be disbursed on the next business day after the day of deposit. If escrow
funds (including shortage checks) are disbursed to this company other than by wire transfer, cashier's check or
teller's check, disbursement and/or closing will be delayed 3 to 7 business days. Questions concerning deposit and/or
disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan
payoff officer.
Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following:
A We have received confirmation of the respective incoming wire.
B. Collection of a deposited check.
PAYOFF INFORMATION
NOTE: This company DOES require current beneficiary demands prior to closing. If the demand is expired and a current
demand cannot be obtained, our requirements will be as follows:
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 over and above the verbal hold the lender may have stipulated.
If this Company cannot obtain a verbal update on the demand, we will either pay off of the expired demand, or wait for the
amended demand, at the discretion of the escrow.
NOTE: to avoid delays at the time of closing, if the above deed of trust is an Equity Line/Line of Credit, it will be
necessary that all checks, passbooks, credit cards together with instructions to close the account be submitted to the
Company prior to the close of this transaction.
In order to expedite compliance with the above, please do the following:
Borrower(s):
a)
b)
Sign and return the Equity Line/Credit Line Affidavit provided with the report,
Request that the account be frozen.
Settlement:
a) Obtain a statement from the lender that no advances have been made after the issuance of the
demand for payoff, and
b) Upon delivery of the payoff check, a full reconveyance must be obtained.
Please be advised that the difference between the principal balance on an issued demand and the maximum principal allowed
may be held for up to 10 working days if the above requirements are not met.
PLEASE NOTE: OUR OFFICE DOES NOT ACCEPT ACH TRANSFERS. THESE INSTRUCTIONS ARE FOR
THE PURPOSE OF SENDING WIRE TRANSFERS ONLY.
END OF NOTES
Marina Nguyen/Karen Dennis/j05
CLTA Preliminary Report Form-Modified (11/17/06) Page 10
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal
Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices,
including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows
the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as
described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification
number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the
website links you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy,
premiums, payment history, information about your home or other real property, information from lenders and other third parties involved
in such transaction, account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these
disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to
enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance
transaction;
• To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or
providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena
or a governmental investigation;
• To companies that perform marketing services on our behalf or to other fmancial institutions with which we have joint marketing
agreements and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be
determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply
with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal
process.
Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaction with other FNF
companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for
marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from
consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is
otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties-We do not disclose Personal Information about our customers or former customers to nonaffiliated third
parties, except as outlined herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you.
We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information.
Access to Personal Information/Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to fmd out to whom
your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to
maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future
coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identitv.
Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Changes to this Privacy Statement
Chief Privacy Officer
Fidelity National Financial, Inc.
60 I Riverside A venue
Jacksonville, FL 32204
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy
Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above,
indicates the last time this Privacy Statement was revised or materially changed.
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of
escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute
a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below
discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These
discounts are generally described below; consult the rate manual for a full description of the terms, conditions and
requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of
Companies. This notice only applies to transactions involving property improved with a one-to-four family residential
dwelling.
FNF Underwriter FNF Underwritten Title Company
TTCC -Ticor Title Company of California CTIC -Chicago Title Insurance Company
Available Discounts
CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC)
Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be
reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited
on a subsequent policy charge within the following time period from the date of the report.
FEE REDUCTION SETTLEMENT PROGRAM (TTCC and CTIC)
Eligible customers shall receive $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible
transaction in accordance with the terms of the Final Judgments entered in The People of the State of California.
DISASTER LOANS (CTIC)
The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of
record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of
California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the
appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC)
On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided
said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title
insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the
appropriate title insurance rate, depending on the type of coverage selected.
EMPLOYEE RATE (TTCC and CTIC}
No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten,
subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the
employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the
employee would be obligated to pay, by established custom, as a party to the transaction.
CA Discount Notice Effective Date: 1-10-2010
0
Notice
You may be entitled to receive a $20.00 discount on escrow
services if you purchased, sold or refinanced residential
property in California between May 19,1995 and
November 1, 2002. If you had more than one qualifying
transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that
is the subject of your current transaction, you do not have
to do anything; the Company will provide the discount,
provided you are paying for escrow or title services in this
transaction.
If your previous transaction involved property different
from the property that is the subject of your current
transaction, you must inform the Company of the earlier
transaction, provide the address of the property involved in
the previous transaction, and the date or approximate date
that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on
property that is not the subject of this transaction, the
Company has no obligation to conduct an investigation to
determine if you qualify for a discount. If you provided the
Company information concerning a prior transaction, the
Company is required to determine if you qualify for a
discount.
Effective through November 1, 2014
-
Request for $20.00 Discount-CA Settlement
Use one form for each qualifYing property.
To: Ticor Title Company of California, 2878 Camino Del Rio South, Suite 500, San Diego, CA 92108
Date:
From:
(name)
Current Address:
I believe that I am qualified for the $20.00 discount pursuant to the coordinated stipulated judgments
entered in actions filed by both the Attorney General and private class action plaintiffs. I have not
previously received a cash payment or a discount from another Company on the property described
below:
Signed: Date:
Address of
qualifying
property:
Approximate date
of transaction
THIS SECTION IS FOR COMPANY USE ONLY.
0 The above referenced party is entitled to receive a $20.00 discount on escrow services or title insurance
pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and
private class action plaintiffs.
OR
0 The above referenced party does NOT qualify for the $20.00 discount pursuant to the coordinated
stipulated judgments entered in actions filed by both the Attorney General and private class action
plaintiffs for the following reason:
0 The party has previously received credit for the transaction described above.
0 The transaction described above did not occur in the time period allowed by the stipulated
judgments-May 19, 1995 to November 1, 2002.
Fax this response to:
Escrow No.:
Escrow Officer:
Fax Number:
.•
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured
against loss, costs, attorneys' fees, and expenses resulting from:
l. Governmental police power, and the existence or violation
of any law or government regulation. This includes
building and zoning ordinances and also laws and
regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the
enforcement of these matters which appear in the public
records at Policy Date.
This exclusion does not limit the zoning coverage described
in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public
records on the Policy Date
• the taking happened prior to the Policy Date and is
binding on you if you bought the land without
knowing of the taking.
In addition to the Exclusions, you are not insured against loss,
costs, attorneys' fees, and the expenses resulting from:
I. Any rights, interests, or claims of parties in possession of
the land not shown by the public records.
2. Any easements or liens not shown by the public records.
This does not limit the lien coverage in Item 8 of Covered
Title Risks.
Attachment One (07/26/10)
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy
Date-unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date-this
does not limit the labor and material lien coverage in
Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and
referred to in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of
Covered Title Risks
3. Any facts about the land which a correct survey would
disclose and which are not shown by the public records.
This does not limit the forced removal coverage in Item 12
of Covered Title Risks.
4. Any water rights or claims or title to water in or under the
land, whether or not shown by the public records.
ATTACHMENT ONE
(Continued)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
l. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy
(except to the extent that this policy insures the
priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or to the
extent insurance is afforded herein as to assessments
for street improvements under construction or
completed at Date of Policy); or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage
because of the inability or failure of the insured at Date of
Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with applicable doing
business laws ofthe state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured
mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in
lending law.
6. Any claim, which arises out of the transaction vesting in
the insured the estate or interest insured by this policy 'or
the transaction creating the interest of the insured lender, by
reason of the operation of federal bankruptcy, state
insolvency or similar creditors' rights laws.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
l. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons
in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the public records.
Attachment One (07/26/10)
PART I
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b) or (c) are shown by
the public records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
•,
·'
ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of
this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on
the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or
the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but
not excluding from coverage any taking which has occurred
prior to Date of Policy which would be binding on the rights
of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except
to the extent that this policy insures the priority of the
lien of the insured mortgage over any statutory lien for
services, labor or material or to the extent insurance is
afforded herein as to assessments for street
improvements under construction or completed at Date
of Policy); or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the
insured mortgage.
4. Unenforceability of the lien of the insured mortgage because
of the inability or failure of the insured at Date of Policy, or
the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable doing business laws
of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured
mortgage, or claim thereof, which arises out of the transaction
evidenced by the insured mortgage and is based upon usury or
any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim
of priority of any statutory lien for services, labor or materials
over the lien of the insured mortgage) arising from an
improvement or work related to the land which is contracted
for and commenced subsequent to Date of Policy and is not
financed in whole or in part by proceeds of the indebtedness
secured by the insured mortgage which at Date of Policy the
insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the
interest of the mortgagee insured by this policy, by reason of
the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured
mortgagee being deemed a fraudulent conveyance or
fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee
as a result of the application of the doctrine or equitable
subordination; or
(iii) the transaction creating the interest of the insured
mortgagee being deemed a preferential transfer except
where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser
for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
I.
2.
3.
Taxes or assessments which are not shown as existing liens by
the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
Any facts, rights, interests or claims which are not shown by
the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons in
possession thereof.
Easements, liens or encumbrances, or claims thereof, not
shown by the public records.
Attachment One (07/26/10)
4.
5.
6.
Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
(a) Unpatented mining claims; (b) reservations or exceptions
in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters
excepted under (a), (b) or (c) are shown by the public records.
Any lien or right to a lien for services, labor or material not
shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy, and the Company will not pay loss or damage,
costs, attorneys' fees, or expenses that arise by reason of:
l. (a) Any law, ordinance, permit, or governmental
regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment ofthe Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does
not modifY or limit the coverage provided under
Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b)
does not modifY or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modifY
or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other
matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modifY or limit the coverage
provided under Covered Risk 11, 13 or 14); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for
the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of an Insured to comply
with applicable doing-business laws of the state where the
Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien
of the Insured Mortgage that arises out of the transaction
evidenced by the Insured Mortgage and is based upon
usury or any consumer credit protection or truth-in-lending
law.
6. Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that the transaction creating the lien of the Insured
Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in
Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or
attaching between Date of Policy and the date of recording
of the Insured Mortgage in the Public Records. This
Exclusion does not modifY or limit the coverage provided
under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
l. (a) Taxes or assessments that are not shown as existing
liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records;
(b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public
Records.
2. Any facts, rights, interests, or claims that are not shown by
the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons
in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not
shown by the Public Records.
Attachment One (07/26/10)
4. Any encroachment, encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the
Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
6. Any lien or right to a lien for services, labor or material not
shown by the Public Records.
-
ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM C<;lVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations,
except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation
affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
knowledge.
3. Detects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in
the insured the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based
on:
(i) the transaction creating the estate or interest insured
by this policy being deemed a fraudulent conveyance
or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured
by this policy being deemed a preferential transfer
except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a
purchaser for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason
of:
I.
2.
3.
Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons
in possession thereof.
Easements, liens or encumbrances, or claims thereof, which
are not shown by the public records.
Attachment One (07/26/10)
4.
5.
6.
Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
(a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether
or not the matters excepted under (a), (b) or (c) are shown
by the public records.
Any lien or right to a lien for services. labor or material not
shown by the Public Records.
0
ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy, and the Company will not pay loss or damage,
costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental
regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating
to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion l(a) does not modifY or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b)
does not modifY or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modifY
or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other
matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modifY or limit the coverage
provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for
the Title.
4. Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in
Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or
attaching between Date of Policy and the date of recording
of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1.
2.
3.
(a) Taxes or assessments that are not shown as existing
liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records;
(b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public
Records.
Any facts, rights, interests, or claims that are not shown in
the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons
in possession of the Land.
Easements, liens or encumbrances, or claims thereof, not
shown by the Public Records.
Attachment One (07/26/10)
4.
5.
6.
Any encroachment, encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the
Land and that are not shown by the Public Records.
(a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
Any lien or right to a lien for services, labor or material not
shown by the Public Records.
c
ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation
of any law or government regulation. This includes
ordinances, laws and regulations concerning:
b. the taking happened before the Policy Date and is
binding on You if You bought the Land without
Knowing of the taking.
a. building 4. Risks:
b. zoning
c. Land use
d. improvements on Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement
of these matters if notice of the violation or enforcement appears
in the Public Records at the Policy Date.
a. that are created, allowed, or agreed to by You, whether
or not they appear in the Public Records.
b. that are Known to You at the Policy Date, but not to
Us, unless they appear in the Public Records at the
Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date-this does not
limit the coverage described in Covered Risk 7, S.d.,
22, 23, 24 or 25. This Exclusion does not limit the coverage described in Covered
Risk 14, 15, 16, 17 or 24. 5. Failure to pay value for Your Title.
2. The failure of Your existing structures, or any part of them,
to be constructed in accordance with applicable building
codes. This Exclusion does not apply to violations of
building codes if notice of the violation appears in the
Public Records at the Policy Date.
6. Lack of a right:
a. to any Land outside the area specifically described and
referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
3. The right to take the Land by condemning it, unless:
This Exclusion does not limit the coverage described in Covered
Risk 11 or 18.
a. notice of exercising the right appears in the Public
Records at the Policy Date; or
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16, and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Attachment One (07/26110)
Your Deductible Amount
1% of Policy Amount
or
$2,500.00
(whichever is less)
1% of Policy Amount
or
$5,000.00
(whichever is less)
1% of Policy Amount
or
$5,000.00
(whichever is less)
1% of Policy Amount
or
$2,500.00
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation a. that are created, allowed, or agreed to by You, whether
of those portions of any law or government regulation or not they are recorded in the Public Records;
concerning: b. that are Known to You at the Policy Date, but not to
a. building; Us, unless they are recorded in the Public Records at
b. zoning; the Policy Date;
c. land use; c. that result in no loss to You; or
d. improvements on the Land; d. that first occur after the Policy Date-this does not
e. land division; and limit the coverage described in Covered Risk 7, 8.e.,
f. environmental protection. 25, 26, 27 or 28.
This Exclusion does not limit the coverage described in Covered 5. Failure to pay value for Your Title.
Risk8.a., 14, 15, 16, 18, 19,20,23or27. 6. Lackofaright:
2. The failure of Your existing structures, or any part of them, a. to any land outside the area specifically described and
to be constructed in accordance with applicable building referred to in paragraph 3 of Schedule A; and
codes. This Exclusion does not limit the coverage described b. in streets, alleys, or waterways that touch the Land.
in Covered Risk 14 or 15. This Exclusion does not limit the coverage described in
3. The right to take the Land by condemning it. This Covered Risk 11 or 21.
Exclusion does not limit the coverage described in Covered 7. The transfer of the Title to You is invalid as a preferential
Risk 17. transfer or as a fraudulent transfer or conveyance under
4. Risks: federal bankruptcy, state insolvency, or similar creditors'
rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Attachment One (07/26/10)
Your Deductible Amount
1% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
1% of Policy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
1% ofPo1icy Amount Shown in Schedule A
or
$5,000.00
(whichever is less)
1% of Policy Amount Shown in Schedule A
or
$2,500.00
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
I,
ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation
(including but not limited to zoning laws, ordinances,
or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the
Land; (ii) the character, dimensions or location of any
improvements now or hereafter erected on the Land;
(iii) a separation in ownership or a change in the
dimensions or areas of the Land or any parcel of
which the Land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the
extent that notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the Land has
been recorded in the Public Records at Date of Policy.
This exclusion does not limit the coverage provided
under Covered Risks 12, 13, 14 and 16 of this policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the Land has been recorded in the
Public Records a Date of Policy. This exclusion does
not limit the coverage provided under Covered Risks
12, 13, 14, and 16 of this policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the Public Records at Date of
Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without
Knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a) created, suffered, assumed or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company
by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss damage to the Insured Claimant;
Attachment One (07/26/10)
(d) attaching or created subsequent to Date of Policy (this
paragraph does not limit the coverage provided under
Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and
26); or
(e) resulting in loss or damage which would not have
been sustained if the Insured Claimant had paid value
for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of the Insured at Date of
Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with applicable doing
business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured
Mortgage, or claim thereof, which arises out of the
transaction evidenced by the Insured Mortgage and is based
upon usury, except as provided in Covered Risk 27, or any
consumer credit protection or truth-in-lending law.
6. Real property taxes or assessments of any governmental
authority which become a lien on the Land subsequent to
date of Policy. This exclusion does not limit the coverage
provided under Covered Risks 7, 8( e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority
of the lien of the Insured Mortgage as to advances or
modifications made after the Insured has Knowledge that
the vestee shown in Schedule A is no longer the owner of
the estate or interest covered by this policy. This exclusion
does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to
each and every advance made after Date of Policy, and all
interest charged thereon, over liens, encumbrances and
other matters affecting the title, the existence of which are
Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the
Insured Mortgage which changes the rate of interest
charged, if the rate of interest is greater as a result of
the modification than it would have been before the
modification. This exclusion does not limit the
coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion
thereof to have been constructed before, on or after Date of
Policy in accordance with applicable building codes. This
exclusion does not apply to violations of building codes if
notice of the violation appears in the Public Records at
Date of Policy.
ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
l. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion l(a) does not modify or limit
the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19,20,21,22,23,24,27or28);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify
or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this
policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to
Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance
with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
Attachment One (07/26/10)
212-12
CHANGES
BlJ( OLD NEW IYR CUT
120 1-28 88 72 ~-32 811 71
l:"f':: 33 88 ....
1*32 34 87 1433
2M2t ~ .. .. lz;!O
4 ? .... 01-3+ ~ 05 1727 , 1?1.1 oe 48112
37-40 41-47 08 1831 @
SHT 1 33 48-M 08 1!57
llf-'1!1 15 08 1748
l43&4e P02t 07 88
4 -07 1373
....... USE OTHERQIG
DETAIL "C"
SCALE: 1"=200'
MAP \1811-CARLSBAD TCT. NO. 85-24 UNIT NQ 4
MAP 11810 -CARLSBAD TCT. NO. 85-24 UNIT NO.3
ROS 8467
,.t
tfJ
BOX ()
' ,:
()
~ ~
@
SHT 1
-DIEGO CXJUNlY ASSESSCR'll liN' BOOIC liZ PAGE 12
212-12
CHANGES
BU< OlD NEW IYR CUT
120 1 26 88 72
Z1~ 118 71
t"f':" 33 88 ....
11:32 34 a? 1433
281126 351:311 " 1230
4 I".::"~· 01-
@ 34 l1li"'d 05 1727
11 l"if"lll" oa 4882
37-40 41-47 08 1631 SHT 1 33 -411-54 011 1!57
IH 115 01 1746
1-.48 PG28 07 B6
4 -07 1373 ...... 'USE OTI£RQ!O
)() '1(~
"'-? DETAil •o• A ·
SCALE: 1"=200' <?'1;o)'
":vJ-
DETAIL"C"
SCALE: 1 "=200'
MAP \1811-CARLSBAD TCT. NO. 85-24 UNIT NQ 4
MAP 11810-CARLSBAD TCT. NO. 85-24 UNIT NO.3 ROS 8467
.. t
tjJ
BOX ( )
()
8
«~~'> ~ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the City requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan {SUSMP). To
view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards.
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria
called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the
storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.
City staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be 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 Form with construction permits for the project.
Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit
this with your application to the city.
Does your project meet one or more of the following criteria:
1. Housing subdivisions of 10 or more dwelling units. Examples: single family homes, multi-family homes,
condominium and apartments
2. Commercial-greater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals;
laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial
nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls;
hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities.
3. Heavy Industrial I Industry-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal
working facilities, printing plants, and fleet storage areas (bus, truck, etc.).
4. Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013,
5014, 5541, 7532-7534, and 7536-7539
5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary 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
reg_uirements and hydromodification requirements.
YES
E-34 Page 1 of 3 REV 1/14/11
NO
6.
7.
8.
9.
-
~ «('it)
¥ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Hillside development. Any development that creates more than 5,000 square 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
twentv-five percent (25%) or _greater.
Environmentally Sensitive Area (ESAt All development located within or directly adjacent2 to or discharging
directiy3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the v 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.
Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban ../ runoff
Streets. roads. highways. and freeways. Any paved surface that is 5,000 square feet or greater used for the v transportation of automobiles, trucks, motorcycles, and other vehicles
10. Retail Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet v
11. Coastal Development Zone. Any project 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. Project results in the disturbance of 1-acre or more of land and is considered a
Pollutant-generating Development Project4• V'
.. .. 1 Environmentally Sensttive Areas tnclude but are not ltmtted to all Clean Water Act Sectton 303(d) tmpatred water bodtes; areas destgnated as Areas of Spectal
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 Copermittees.
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
surrounding 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 instructions.
E-34 Page 2 of 3 REV 1/14/11
«~~ ~-CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
D 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 submittal 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
P. As I will i low
Applicant Information and Signature Box This Box for City Use Only
Address: ~<6' P-I \[ Qf\ Q.lltn Assessor's Parcel Number(s):
COJvls k>o.d, cct qaoo8 d-1 a-1ao-s" City Concurrence: I YES I NO
I I
Applicant Name: Applicant Title: By:
I'HObll e WW Corp. I/ Date:
Applicant Signature: _1) Date:
I~ ~ I nJcr=vta.o~(i ,, ~
Project ID:
vu -v rtn fA 8 arre t-t,'
E-34 Page 3 of 3 REV 1/14/11
0 0
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
I IIIII III ~11~1~1111 ~~~~ 1~11~ II~
Applicant: T-MOBILE WEST CORP
Description Amount
MCUP1303 731.65
5802 VAN ALLEN WY CBAD
Receipt Number: R0093506 Transaction ID: R0093506
Transaction Date: 02/06/2013
Pay Type Method Description Amount
Payment Check 7 31. 65
Transaction Amount: 731.65
·•
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1303701-1 02/06/2013 32
Wed, Feb 06, 2013 02:11 PM
Receipt Ref Nbr: R1303701-1/0017
PERMITS -PERMITS
Tran Ref Nbr: 130370101 0017 0020
Trans/Rcpt#: R0093506
SET #: MCUP1303
Amount:
Item Subtotal :
Item Tot a 1:
ITEM(S) TOTAL:
Check (Chk# 0002518949)
Check (Chk# 008884)
Total Received:
Have a nice day!
1 @ $731.65
$731.65
$731 .65
$731.65
$724.00
$7.65
$731.65
**************CUSTOMER COPY*************
' c State of California-The Resources Agency
DEPARTMENT OF FISH AND WILDLIFE
2013 ENVIRONMENTAL FILING FEE CASH RECEIPT
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
LEAD AGENCY
CITY OF CARLSBAD
COUNTY/STATE AGENCY OF FILING
SAN DIEGO
PROJECTTITLE
MCUP 13-03-T-MOBILE THE ISLANDS
PROJECT APPLICANT NAME
MITCHELL J. ARCHITECTURE
PROJECT APPLICANT ADDRESS
4883 RONSON CT, STE N
PROJECT APPLICANT (Check appropriate box):
0 Local Public Agency 0 School District
CHECK APPLICABLE FEES:
0 Environmental Impact Report
0 Negative Declaration
CITY
SAN DIEGO
0 Other Special District
0 Application Fee Water Diversion (State Water Resources Control Board Only)
0 Projects Subject to Certified Regulatory Program
[Z] County Administrative Fee
0 Project that is exempt from fees
12J Notice of Exemption
0 DFG No Effect Determination (Form Attached)
0 Other-------------------
PAYMENT METHOD:
0 Cash 0 Credit 1Zl Check 0 Other_#_8_9_63 ___ _
SIGNATURE
J. Samuela
RECEIPT#
SD2013 0217
STATE CLEARING HOUSE# (tfappticabteJ
STATE
CA
0 State Agency
$2,995.25
$2,156.25
$850.00
$1,018.50
$50.00
TOTAL RECEIVED
$
$
$
$
$
DATE
03/22/2013
DOCUMENT NUMBER
*20130217*
PHONE NUMBER
858-650-3130
ZIP CODE
92111
IZI Private Entity
$50.00
$ _______ _
$ $50.00 -----"'-----
11111111111111111111111111111111111111111111111111
ORIGINAL-PROJECT APPLICANT COPY-DFGIASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7108)
~O[btgtiD
Ernesl.l Dronenburg. Jr. Re~or~~r C ounl) Clerk
NOTICE OF EXEMPTION
To: SD County Clerk
Attn: Jennifer Samuela
Mail Stop A-33
1600 Pacific Highway
San Diego CA 921 0 I BY
MAR 2 2 2013
J. Samuela
bEPUf\1
BY CITY OF CARLSBAD
Planning Division
1635 Faraday Avenue
Carlsbad CA 92008
(760) 602-4600
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 13-03-T-Mobile The Islands
Project Location -Specific:-=5'->'8:...!.1~4_,V'-"a"-!n..!.A.....,I~Ie::!.'·n'-W!.!..!::,ay __________________ _
Project Location -City:_C=a=r=ls=b=ad=----Project Location -County: San Diego
Description of Project: To allow the continued operation and minor modification (replacement
antennas) of an existing wireless communication facility.
Name of Public Agency Approving Project:_C=ity;....;::..of._C=a=r..:.:ls=b=ad=-------------
Name of Person or Agency Carrying Out Project:..!.A~u~s~ti!.!.n~S~il..!,;va~-----------
Name of Applicant: . Mitchell J. Architecture
Applicant's Address: 4883 Ronson Ct .. Ste. N, San Diego, CA 92111
Applicant's Telephone Number:__,8""-5><-8-'-"6"""5~0--=3..!.1=...30:::...._ _______________ _
Exempt Status: (Check One)
D Ministerial (Section 21 080(b )(I); 15268);
D Declared Emergency (Section 21080(b)(3); 15269(a));
D Emergency Project (Section 21080(b)(4);.15269 (b)(c));
~ Categorical Exemption -State type and section number: 1530 I Existing Facilities
D Statutory Exemptions-State code number: ________________ _
D General rule (Section 1506l(b)(3))
Reasons why project is exempt: Project involves the minor modification of an existing wireless
communi~ations facility.
L[ Antact Person: Austin Silva Telephone: · 760-602-4631
DON NEU, City Planner
Date received for filing at OPi?··;:,:
MAR 2 2 2013
MAR 2 2 Z013' ~.: :. ''" -·
,..._.,~··· -·· .... . .. ... . •' . ·~· -..-........... _,<>_·~·,~·-·
J.-samuera
<'~'¥"•-~B• >> ""'~'"' "•-~·~ > >>' o ...... >, ? ................ ,
J-20-IJ
Date
Revised 04/12
DEPUTY
ErrCt J. Dronenburg, Jr.,
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#: 291230820130322
Deputy: JSAMUELA
Location: COUNTY ADMINISTRATION BUILDING
22-Mar-2013 16:56
FEES:
50.00 Qty of 1 Fish and Game Filing Fee for Ref# 20130217
------
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
d~_A CITY OF
VcARLSBAD
0 0 FILE COPY
.:?· 7·1-3
Community & Economic Development www.carlsbadca.gov
NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT
Notice is hereby given that a Minor Conditional Use Permit (MCUP) has been applied for to
allow the continued operation of a wireless communications facility on property generally
located at, 5814 Van Allen Way, Carlsbad, California, and more particularly described as:
Parcel I of Parcel Map MS 05-06, in the City of Carlsbad, County
of San Diego, State of California, as shown on Map No. 20089,
Filed in the Office of the County Recorder of San Diego County.
If you have any objections to the granting of this MCUP or wish to have an informal hearing to
discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue,
Carlsbad, California 92008, in writing within I 0 days of the date of this notice. If you have any
questions, please call Austin Silva in the Planning Division at (760) 602-4631.
CASE NO.: MCUP 13-03
CASE NAME: T-Mobile
DATE: February 7, 2013
CITY OF CARLSBAD
PLANNING DIVISION
· ··~-~P~Ia~n~n~in~g~D~i~vi~si~o~n--------------------------------------------------------------~it ~:: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
c
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS
SUBMITIED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE
LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
APPLICANT OR APPUCANT'S REPRESENTATIVE
BY:~~~
DATE: { ~(z,t,); z;_
RECEIVED BY
~4
BLVD
«~)
~ CITY OF
CARLSBAD
0
EIA INFORMATION
FORM
P-1 (D)
0
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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(0) Page 1 of4 Revised 07/10
0
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ------------(To be completed by City)
Application Number(s): --------------------------
General Information
1. Nameofproject: 21-Hobl'le Jhe l&land
2.
3.
4.
5.
Name of developer or project sponsor: J-H Obl'\ e \1'1 tbt C.o cpo ra.::h' 0 n
Address: lo50 9 Vts-ta Son--enhJ PkWH SJVte 02.PIO
City, State, Zip Code: sAl) J)\ eaa. CA 9c'*l d I
Phone Number: ( 85 %"'> 3 3'-1 -p l3 9
Name of person to be contacted concerning this project:
Address: y 8 8 3 f( 0 "s 0 h GT ' $ w' te N
City, State, Zip Code: 0 QO ]) f e 8 0 ' LA 9 a Ill
Phone Number: ( Z 5 8) C, 50 -3 13 0
Address of Project: 5 z I ~ \j 9.1) AI I en WavzJ I VW1 s b Q d ' LA 9 01 0 0 8
Assessor's Parcel Number: ----'al'"""'"..:::a"---_,)-'~'----_,5.1o"""'""''----------------
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:
NIA
6. Existing General Plan Land Use Designation: heaYj \ 1"£) m YY\..e.!vC) 'a I
7. Existing zoning district: _......._~-'-H-'-----------------------
8. Existing land use(s): __,C_.O'-LL-())LJ....L.YN,_,._"'-h....,t: .... J_,'cJ=.:.. ________________ _
9. Proposed use of site (Project for which this form is filed): -'-W!I....%-ll . ..:..reAu-&.=..:=......__ _______ _
.MIYlmMI'wJJ'oY} -fq,v·t,·ty (ex~·stlh§)
Project Description
10.
11.
12:
13.
14.
P-1(0)
· i "'0-•~...... q'8'' ,_• 1\ Site size: e9JJ.1 f m m -.\!\ o A.!VL: I J< t:J d
Proposed Building square footage: _ _..n...,...o'-' .... t ..... ha--..... ~"""""'~,...e ..... .-'-------------
Number of floors of construction: __ ..~.,;N,_/'-'A--'------------------
Amount of off-street parking provided: __ N'-'-'l-.J..A_,__ _____________ _
Associated projects: _ ___:_;N'--'-'-A-'----------------------
Page 2 of4 Revised 07/10
0
15. If residential, include the number of units and schedule of unit sizes: -...!...N..:..../wA....:...._ _____ _
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: --------------------
17. If industrial, indicate type, estimated employment per shift, and loading facilities: ___,_,rJ......,_/::....A __ _
18.
19.
P-1(0)
If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _...:...N~/L...A.:....._ ___ _
If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: '-{ h A ·-s t~S Cl n e)( 1 ·sn· n 8 Y" ( ~
.tam mwV yg;b o n i OvCi It~ '1 ~~"of~~ vs f'-' red.
Page 3 of4 Revised 07/10
0
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes ~ 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or D )Q
roads.
22. Change in pattern, scale or character of general area of project. D )?
23. Significant amounts of solid waste or litter. D )&t
24. Change in dust, ash, smoke, fumes or odors in vicinity. D ~
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D ~ alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. D ~
27. Site on filled land or on slope of 10 percent or more. D ~ 28. Use of disposal of potentially hazardous materials, such as toxic substances, D
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, D ~ etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D ~
31. Relationship to a larger project or series of projects. D ~
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
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date: I \ / a. ::r/1 cl ::narure::j::;;:::;:
N I +ch ell J Arch 1-tec:tu.re
P-1(0) Page4of4 ~e.t\iS Of j-t-{obl-1 B Revised07/10
BOARD
1\1 F~dBERS
\1 itchdl J.
Campagna, R.\
( /,()
B<ldJc C Camp,tgn.t
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ENVIRONMENTAL INFORMATION FORM
T-MOBILE SD06398A, THE ISLAND
Environmental Setting Response
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.
This project is the replacement of existing antennas at an existing T -Mobile facility. No
changes to the exterior building are proposed with the replacement of antennas. The site
is a large, two-story commercial shopping center. Photographs of the site are attached.
33. Describe the surrounding properties, including information on plants and animals and
any cultural, historical, or scenic aspects. Indicate the type ofland use (residential,
commercial, etc.), intensity ofland 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.
This existing site is located in a large, two-story commercial shopping center that houses
a variety of retail tenants including a 7-Eleven store and gas station, restaurants, and a
bank. The property includes a large central parking lot, food court, and office/retail
space. An aerial picture and street map of the area are attached.
4883 Ronson Court • Suite N • San Diego • California • 92111 • 858.650,3130 • Fax.650.3140
Environmental Information Form: Aerial Map
T-Mobile SD06398A The Island-5814 Van Allen Way, Carlsbad, CA 92008
Environmental Information Form: Street Map
T-Mobile SD06398A The Island-5814 Van Allen Way, Carlsbad, CA 92008
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<(~~, C I T Y 0 F
~CARLSBAD
Memorandum
February 11, 2013
To: Austin Silva, Project Planner
From: David Rick, Project Engineer
Via: Glen Van Peski, Senior Civil Engineer
Re: SUBJECT: MCUP 13-03 T-MOBILE THE ISLANDS
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.
D~
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
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checklist
PROJECT NUMBER: .....:M.:..:..C:=....U=P~13=---=03::._ __________________ _
BUILDING ADDRESS: _:5:..:8;_;_14....:........:.VA:.....::N:...:....:....:A=LL::.::E=-N.:...WY:....:....:.... ________________ _
PROJECT DESCRIPTION: Modify existing unmanned telecommunication facility
ASSESSOR'S PARCEL NUMBER: 212-120-56
FIRE DEPARTMENT
APPROVAL
The item you have submitted for review has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any changes to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comments attached,
as failure to comply with instructions in this report can
result in suspension of permit to build.
By: G. RYAN Date: 2-27-13
ATTACHMENTS
COMMENTS
By:
By:
By:
DENIAL
Please see the attached report of deficiencies marked with
. Make necessary corrections to plans or specifications for
compliance with applicable codes and standards. Submit
corrected plans and/or specifications to this office for
review.
Date:
Date:
Date:
FIRE DEPARTMENT CONTACT PERSON
NAME:
ADDRESS: 1635 Faraday Ave
Carlsbad, CA 92008
PHONE: (760) 602-4665
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
DATE: FEBRUARY 6, 2013
PROJECT NO(S): MCUP 13-03 '~r:if~'~'·':. ·' :,
PROJECT TITLE: T-MOBILE THE ISLANDS
APPLICANT: MITCHELLJ ARCHITECTURE/LYNNEA BARREIT
TO: I:8J Land Development Engineering-David Rick
D Police Department -J. Sa sway
·~ Fire Department-Greg Ryan
I:8J Building Department-Will Foss
D Recreation -Mark Steyaert
D Public Works Department (Streets)-Nick Roque
REVIEW NO: 1 lit~···.
D Water/Sewer District
D Landscape Plancheck Consultant -PELA
D School District
D North County Transit District-Planning Department
D Sempra Energy-Land Management
D Caltrans (Send anything adjacent to 1-5)
D Parks/Trails-Liz Ketabian
*ALWAYS SEND EXHIBITS
FROM: PLANNING DIVISION ,,
Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK
in the Planning Division at 1635 Faraday Avenue, bYi/.I?Zf·t·"·Wyouhave 1'No Comments," please'
so state. If you determine that there are iterlfl1llat need to be submitted to deem the
application "complete" for processing, please immediately contact the applicant and/or their
representatives (via phone or e-mail) to let them know.
S1gnature Date
PLANS ATIACHED
Review & Comment 12/12
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
FfLE CCr r·
DATE: FEBRUARY 6, 2013
PROJECT NO(S): MCUP 13-03,,,,, "~'"'
PROJECT TITLE: T-MOBILE THE ISLANDS
APPLICANT: MITCHELL J ARCHITECTURE/LYNNEA BARRETT
TO: tEJ~ Land Development Engineering-David Rick
0 Police Department-J. Sa sway
~ Fire Department-Greg Ryan
ff Building Department-Will Foss
0 Recreation -Mark Steyaert
0 Public Works Department (Streets)-Nick Roque
0 Water/Sewer District
0 Landscape Plancheck Consultant-PELA
0 School District
0 North County Transit District-Planning Department
0 Sempra Energy-Land Management
0 Caltrans (Send anything adjacent to 1-5)
0 Parks/Trails-Liz Ketabian
*ALWAYS SEND EXHIBITS
FROM: PLANNING DIVISION
'!~¥:~;,;~;~:':,\:~·~>--:.::::·: .. ,I 1
Please review and submit written comments and/or conditions to the PLANNING TRACI<ING DESK ~~"~~rr"··: ..... ; •. _ •.. :,,,, ... ·.· .. .-.. •:, ·:· '· · ·.· .. ·. · ··· · , -..
in the Planning Division at 1635 Faraday Avenue, by 2/27/13. If you have "No Comments," please
so state. If you determine that there are iteni"sr''that"need to be submitted to deem the
application "complete" for processing, please immediately contact the applicant and/or their
representatives (via phone or e-mail) to let them know.
Thank you
COMMENTS: __________________________ _
Signature Date
PLANS ATTACHED
Review & Comment 12/12
_,.if~.A._ CITY OF
VcARLSBAD
Community & Economic Development
March 13, 2013
Mitchell J. Architecture
Attn: Lynnea Barrett
4883 Ronson Ct., Ste. N
San Diego, CA 92111
SUBJECT: NOTICE OF RESTRICTION -MCUP 13-Q3
Dear Applicant:
oFILE
www.carlsbadca.gov
Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for
recordation. This is to fulfill a condition of approval of the Minor Conditional Use Permit-MCUP 13-03.
Please ensure the following items are addressed prior to returning the Notice of Restriction:
./ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of
Acknowledgement used by a California notary on a document that will be recorded in the State of
California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill
886, Chapter 399))
./ Document must be properly notarized .
./ Name on signature page and name on Notarial Acknowledgement must match .
./ Property owner's signatures/initials must be the same as on Notary Acknowledgement.
./ Notary seal cannot be blurry/too light (County will not record the document if any portion of the
Notary Seal is blurry or too light)
./ Include property owner's name in the designated space above the owner's signature .
./ Please pay particular attention to the signature requirements at the bottom of the signature page.
It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If
you have any questions or need additional assistance, please contact Michele Masterson, Senior
Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov.
Si;th-LI
AUSTIN SILVA, AICP
Austin Silva
c: CEO Senior Management Analyst
File Copy
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
·~ _4 ~~CITY 0 F
VcARLSBAD LJFILE
Community & Economic Development
March 4, 2013
www.carlsbadca.gov
Mitchell J Architecture .
Attn: Lynnea Barrett
4883 Ronson Ct., Ste. N
San Diego, CA 92111
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 13-03 -T-MOBILE THE ISLANDS -
Request for approval of a Minor Conditional Use Permit (MCUP 13-03, replacing expired MCUP 07-01)
to allow the continued operation and minor modification (replacement antennas) of an existing wireless
communication facility at 5814 Van Allen Way, in the Heavy Commercial (C-M) Zone and Local Facilities
Management Zone 5.
Dear Ms. Barrett,
The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP
13-03 for the continued operation and minor modification of an existing wireless communication facility
at 5814 Van Allen Way, that was originally approved through MCUP 07-15 and expired on March 5,
2012. 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 February 19, 2013). 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 modified use is
consistent with the General Plan in that the Planned Industrial (PI} Land Use designation and
the Carlsbad Research Center Specific Plan SP 180(H) does not preclude the provision of
Wireless Communication Facility (WCF} uses. The modified WCF is consistent with City
Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred non-
residential location (industrial zone) and has a stealth design in that the replacement
antennas are located behind RF screen walls which are stucco finished to match the existing
building. The equipment room is located on the ground floor at the northwest corner of the
property and is designed to integrate with the existing building material and color. The
project's location and stealth design comply with General Plan objectives that seek to
maintain and enhance Carlsbad's appearance.
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
-MCUP 13-03-T-MOBILE THE ISLANDS
March 4, 2013
Page 2
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in
the zone in which the proposed use is to be located in that the modified WCF is located within
a preferred non-residential location {Industrial zone) as listed in Location Guideline A.1.a. of
City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and the
replacement antennas are located behind RF screen walls which are stucco finished to match
the existing building. The WCF use is not precluded by the project site's underlying C-M
zoning or the Carlsbad Research Center Specific Plan 180{H). Furthermore, the modification
to the WCF will not result in any additional building coverage, does not visually impact the
existing site or building design, as the antennas are located behind RF screen walls which
blend in with the existing architecture.
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 replacement antennas are
located behind RF transparent screen walls which are stucco finished to match the existing
building, and the equipment room, which is located on the ground floor at the northwest
corner of the property, is designed to integrate with the existing building materials and color.
The minor modifications are designed to blend in with the existing building and will not
impact the appearance of the 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 modified WCF requires, on average, one monthly
maintenance visit and occasional visits in response to operational problems.
5. That the modified WCF is consistent with City Council Policy No. 64 in that it is located in a
preferred location {Industrial zone) as listed in Location Guideline A.1.a. of City Council Policy
Statement No. 64 and exhibits stealth design, as the replacement antennas are completely
hidden behind RF transparent screen walls which are stucco finished to match the existing
building, and the equipment room, which is located on the ground floor at the northwest
corner of the property, is designed to integrate with the existing building materials and color.
6. That the City Planner has determined that the project belongs to a class of projects that the
State Secretary of Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15301 -Existing Facilities of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
7. The City Planner has reviewed each of the exactions imposed on the Developer contained in
this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate
impacts caused by or reasonably related to the project, and the extent and the degree of the
exaction is in rough proportionality to the impact caused by the project.
~onditions:
1. Approval is granted for MCUP 13-03 as shown on Exhibits "A"-"F" dated March 4, 2013 on file
in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
'-"' MCUP 13-03-T-MOBILE THE ISLANDS
March 4, 2013
Page 3
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 13-03 documents, as necessary to make them internally consistent
and in conformity with the final action on the project. Development shall occur substantially as
shown on the approved Exhibits. Any proposed development different from this approval shall
require an amendment to this approval.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval
or issuance of any permit or action, whether discretionary or non-discretionary, in connection
with the use contemplated herein, and (c) Developer/Operator's installation and operation of
the facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances
in effect at the time of building permit issuance.
6. This project shall comply with all conditions and mitigation measures, which are required as
part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits.
7. MCUP 13-03 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.
MCUP 13-03-T-MOBILE THE ISLANDS
March 4, 2013
Page4
8. This Conditional Use Permit is granted for a period of 10 years from March 4, 2013 through
March 3, 2023. 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 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 all interested parties and successors in interest that the City of Carlsbad has
issued a Minor Conditional Use Permit on the real property owned by the owner/applicant.
Said Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The 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.
10. This approval shall become null and void if building permits are not issued for this project within
18 months from the date of project approval.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
12. Developer/Operator shall comply with the Federal Communication Commission's guidelines on
limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months
after the issuance of occupancy, and with any time extension or amendment request, the
Developer/Operator shall submit to the City Planner either (1} verification that the project is
categorically excluded from having to determine compliance with the RF exposure guidelines
per 47 CFR §1.1307(b}(1}; or (2} a project implementation report which provides cumulative
field measurements of RF emissions of all antennas installed at the subject site. The report shall
quantify the RF emissions and compare the results with the exposure limits established by the
FCC guidelines. Said report shall be subject to review and approval by the City Planner for
consistency with the Project's preliminary report on RF exposure submitted with the initial
project application and for consistency with the FCC guidelines. If, on review, the City finds that
the Project does not meet the FCC guidelines, the City may revoke or modify this conditional
use permit.
Engineering:
13. 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
,,..,.,,..
'-' MCUP 13-03-T-MOBILE THE ISLANDS
March 4, 2013
Page 5
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:
14. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager 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 $638.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact Austin Silva at (760) 602-4631.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:AS:bd
c: Berdan Holding, LLC, 501 Spectrum Circle, Oxnard, CA 93030
Don Neu, City Planner
Michele Masterson, Senior Management Analyst
Principal Planner
Project Engineer
File Copy
OMS/Data Entry
_,if~.A._ C I T Y 0 F
FILEc0Pf 1 ~
VcARLSBAD
Community & Economic Development www.carlsbadca.gov
February 26, 2013
Mitchell J. Architecture
Attn: Lynnea Barrett
4883 Ronson Ct., Ste. N
San Diego, CA 92111
SUBJECT: MCUP 13-03-T-MOBILE THE ISLANDS
Congratulations, your project application was deemed complete on February 26, 2013, and the City has
determined on February 26, 2013 that the project is exempt from CEQA. In the interest of expeditiously
processing your application consistent with the State Permit Streamlining Act (California Government
Code Section 65950), an administrative decision to approve or deny the project must be determined
by April 24, 2013.
Should you have any questions regarding an application extension or withdrawal, please contact Austin
Silva at 760-602-4631 or by email at Austin.silva@carlsbadca.gov.
Sincerely,
QL/L
DON NEU, AICP
City Planner
DN:AS:bd
c: Berdan Holding, LLC, 501 Spectrum Circle, Oxnard, CA 93030
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
_,Jf~_A. C I T Y 0 F ~'CARLSBAD
Community & Economic Development www.carlsbadca.gov
February 26, 2013
Mitchell J. Architecture
Attn: Lynnea Barrett
4883 Ronson Ct., Ste. N
San Diego, CA 92111
SUBJECT: MCUP 13-03 -T-MOBILE THE ISLANDS -CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) APPLICABILITY/PROCESS DETERMINATION
This is to advise you that after reviewing the application for the project referenced above, the City has
determined that the following environmental review process (pursuant to CEQA) will be required for the
project:
The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for 15301-
Existing Facilities. No environmental review is required for the project.
A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office
which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made
out to the San Diego County Clerk. The check should be submitted approximately one week prior to
the City Planner decision date.
For additional information related to this CEQA applicability/process determination, please contact the
project planner, Austin Silva, at (760) 602-4631 or Austin.silva@carlsbadca.gov.
DON NEU, AICP
City Planner
DN:AS:bd
c: Berdan Holding, LLC, 501 Spectrum Circle, Oxnard, CA 93030
Chris DeCerbo
David Rick, Project Engineer
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
i\1\ cuhd 2---{ ~ ( I~
Aif1.A_ C I T Y 0 F ~CARLSBAD
FILE COPY
Community & Economic Development www.carlsbadca.gov
February 26, 2013
Mitchell J Architecture
Attn: Lynnea Barrett
4883 Ronson Ct., Ste. N
San Diego, CA 92111
SUBJECT: 1st REVIEW FOR MCUP 13-Q3-T-MOBILE THE ISLANDS
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 13-03, as to its completeness for processing.
The application is complete, as submitted. Although the initial processing of your application may have
already begun, the technical acceptance date is acknowledged by the date of this communication. The
City may, in the course of processing the application, request that you clarify, amplify, correct, or
otherwise supplement the basic information required for the application. The Planning Division will
begin processing your application as of the date of this communication.
Sincerely,
~J)?GJ
CHRIS DeCERBO
Principal Planner
CD:AS:bd
c: Berdan Holding, LLC, 501 Spectrum Circle, Oxnard, CA 93030
Don Neu, City Planner
David Rick, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry
· Planning Division ~-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®