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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 tlllel1ell J ... ~ .. ···~···· ISO.\IW \11 \IBIRS fVIitdwll.l I .11np<t~ll". R:\ (/() [l,;cfic· (' ( ,l!llpC!~IICI CJ() 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 c 0 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 (F(} c 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 I~ Grol4l • Modem . PoSTcaro Matthew P R()(:CO Law OffiCe$ $. ;:,eoect S14>iJlemems fl Cobra,, Puma Golf •· Croutons II Onho Organozers li!a Ufe Tedlnologoes .!!a Corporation 7 Eleven ceanOay Spa Carl bad t:.o Grand Pacific Resort Mana~men Lightfoot Plann""' Gro•"' Zimmer W .... ..,. Demal . SKL.Z 1i!J Genopux Mello I Laooratory FaradayP..ve Coco'$ II Bakery 2156 Cat.fornoa H Cafe s <(~~, 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 ®