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CUP 2019-0001; LA COSTA RESERVOIR WCF; Conditional Use Permit (CUP)
( \.._ City of Carlsbc1d LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.c;arlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Penn/ls (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY} 0 Coastal Development Pennlt O Minor bl] Condltlonal Use Permit ,-f D ~ Minor O Extension L...-¥f 0 Day Care (Large) 0 Environmental Impact Assessment 0 Habitat Management Pennlt 0 HIiiside Development Permit OMinor OMlnor 0 Nonconforming Construction Permit 0 Planned Development Permn O Minor 0 Residential O Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation 0 Site Development Plan 0 Special Use Permit OMinor D Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance OMlnor • \C\~ L 0 General Plan Amendment D Local Coastal Program Amendment D Master Plan 0 Specific Plan 0 Zone Change □Amendment □Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area ~ 0 Review Permit 0 Administrative D Minor D Major Village B•View Al9a Permits 0 Review Permit D Administrative D Minor D Major NOTE: A PROPOSED PROJECT REQUIRING APPUCATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APP01NTMENT Sf'ECIALIST AT (760) 902•2723 TO SCHEDULE AN APPOINTMENT. •SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: (STREET ADDRESS) NAME OF PROJECT: VE. R\Z.or.J LA COSTA BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY \J C,C\ 00" Development No. _1) __ ..__6. ______ _ P-1 ESTIMATED COMPLETION DATE Lead Case No. Paae 1 of 6 Revised 03117 OWNER NAME .(PLEASE PBIN.T) ~~:= NAME c~ r~ ;:fA~(fl&Ct ~) . COMPA.N.Y'NAME: (lfapp~c;a~e):-f A~LS81\I) MtJ/Jlc.lff\k Wi\T~ Dl'f°K1cr MAll,.ING ADDR!=S~: 1'2a:i cA-flLS i)AJ) · ~u.,\~ .OR1-1, ----,---....,....-,----,,----- CI TY, STATE, ZIP: C-tit2.Ls8A-'D, ,t;P., Cf~ TE~HONE: 1-'70""£/3'/~Z'l, %, APPl.JC~T NA.ME. INDIVIDUAi:. NAME (If appl~~).: COMPANY NAME ·(lf·appllcable): MAILING ADORES$: CITY, STATE:, ZIP: TELEPHONI:: (PL~E PRINl) :r5~ctS-SAAi> c:,,wy,,v Avr;:tJu~ J fly l.{tJT::, CA '1'L.CP.lf3 I CERTlfY THAT I AM THE LEGAL-REPRESENTATIVE OF'THE OWNER AND Tt:IAT ALL :THE ABQVE: INFQRMA TION IS TFM: ANp ·GQ,RRl;CT TQ THE BEST OF MY KNOWLEDGE.. .. ·s1GNATtJRE DATE. -SIGNATURE, DATE APPLICAl-4T.S ·RE.PR.ESENTATIVE (Print): :::111. .. t.. C.LEV~t..A tvD 1 °?LAtJ CoM I Iv(.. (A6~ -ici? V&'R.•-~ u'IR~- MAll . .,II\IG ADDRESS: 3o2. sn~.m PL.AC& C.ITY, STATE, ZIP: ·TELEPHON~t EMl.\il ADDRE;SS: I CE8TFY 11-1,1\-Ti AM THE.Rf:P~ENTATlVE OF.THE·APPLICANT FOR PURPOSES l)F. THJS PLICATION AND THAT Alt; THE ·ABOVE INFORMATION IS . · . AND: -CORRE.CT TO THE BEST OF. MY K i..EQ . . . 12./w/,g· P.AT~ IN n-i_E PROCESS~ REVIEW.ING THIS APPL!CATJON IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF:, PLANNING COMMISSIO!'JERS OR CITY c·ol)NCI~ Ml;MBER$ T~ l~~PECT AND ENTER TI-IE PROPERTY THAT IS TI-IE SUBJECT PF THIS APPLICATION. I/WE CONSE!ITT ro ENIRY FOR THIS PURPOSE-. NOTICE OF. RESTRICTION, PROPERTY OWNER ,ACKNOWl.,.EDGES AND CONSENTS TO A NOTI.CE· OF RE~:rRICTIQN BEING RECORD Q ·oN TH TITLE to-HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF .REsrrucTIONS RUN ·wlTH THE. LA AN NY $UCCESSQRS IN lNTl;~ST~ . t.u,n1.5 :U l. ,.; f AL E,£.7/W; /11A,wltc£.. R Ell y:owNER SIGNATURE FO~CITY USE ONLY RE JAN 04 2019 CITY OF CARLSBAD PLANNING DIVISION . . DAfE STAMP:-APPLICATldN RECEIVED RECEIVED BY~ ~age),of·6 PLANCOM! Telecommunications Project Management January 4, 2019 Shannon Harker City of Carlsbad Development Services Department Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 RE: Verizon Wireless -La Costa Reservoir Minor CUP 13-02@ 3023 Alga Road Dear Ms. Harker, Sent Via Hand Delivery On behalf of Verizon Wireless, we are submitting a new application and supporting documentation in order to renew the prior approval of MCUP 13-02, that modifies the existing wireless facility on the property. The project site is located at 3023 Alga Road. Verizon is proposing to remove the existing 40' monopole on the property, replacing it with a new 61' co-locatable MonoEucalyptus with 12 antennas, 12 RRU's, 2 MW and 1 Raycap. The existing equipment shelter will be modified to add a tile roof and other architectural features, consistent with the adjacent residences. The scope includes 2 ground mounted air conditioning units, removing the building mounted units and a new underground fiber line to the site. The underlying property is owned by the Carlsbad Municipal Water District and is currently zoned P- C. Included with this resubmittal are the following documents: • 1-Land Us Review Application Packet (Pl-PlE) • 2 -Storm Water Standards Questionnaire (E-34) • 2 -Standard Project Requirement Checklist (E-36) • 6 -full size sets of Drawings • 2 -11"x17" sets of Drawings • 2 -Photo Simulation (1 photo) • 1 -Photo Study • 1 -RF Emissions Report • 1 -RF Coverage Map • 1-ASA and Technical Objectives • 1 -Public notice package 302 State Place Escondido, CA 92029 760-420-4833 mobile 760-735-4913 fax VZW La Costa Reservoir Page 2 • 1 -Authorized Agent letter from VZW • 2 -Copies of Title Report • 1 -Copy of Prior Permit • 1 -Check for Submittal We appreciate your assistance with this project application. I will be the contact person for this project. Should you have questions or need additional information, please do not hesitate to contact me directly at (760) 420-4833 or at jill.cleveland@plancominc.com. Sincerely,;; ciJ JillCledd Agent for Verizon Wireless Enclosures VERIZON WIRELESS -LA COSTA RESERVOIR 3023 ALGA ROAD, CARLSBAD, CA 92009 ALTERNATIVE SITE ANALYSIS AND TECHNICAL OBJECTIVES PROJECT SITE The proposed modification to the existing wireless facility is located at 3023 Alga Road, the City of Carlsbad's Water District property with an existing water storage tank. The surrounding properties are residential and lower in elevation than the water tank and wireless facility. The relocated monopole/MonoEucalyptus is at 708 feet above mean sea level (AMSL) and offers views of the wireless coverage area. The project site is in a preferred zone, meets the property setback requirements and camouflaged to be consistent with the community character, as defined in Council Policy #64, the City's Wireless Ordinance. TECHNICAL OBJECTIVES The project's intention is to maintain wireless coverage with the footprint of the existing site, which is defined as north along Alga Road, east along Melrose Drive, southeast Rancho Santa Fe Road and southwest along La Costa Avenue. This site has the visibility to meet that objective. The modified site is designed to provide sufficient coverage overlap to existing sites to handoff the signal and provide high quality, consistent network operations to its wireless customers. ALTERNATIVE SITE ANALYSIS Relocating and shifting the existing monopole to a stealth design and modifying the equipment shelter with new architectural features, allows both structures to be better camouflaged on the property. The proposed MonoEucalyptus is 21' lower in elevation than the monopole's current location, allowing for co-location and better integrates both structures into the terrain. The high elevation of this property allows the residential communities to be covered. If this site were removed, many additional sites would be needed to replace its coverage, which is contrary to the objectives of Policy #64, to represent the fewest possible facilities necessary to provide coverage. The wireless facility has been in existence since 1995 and is an intrinsic part of a larger cellular network operated by Verizon. Removing the site from on-air service would severely handicap the subscribers in the community of Carlsbad. The improvements proposed will enhance the existing service and camouflaging as a faux tree will bring the project into conformance with the City's Wireless Ordinance and design objectives. ~' -ver,z,pnwireless May 4, 2016 TO: All Landlords, Cities, Counties and Agencies FROM: Leslie Vartanian, Manager, Network Real Estate RE: PlanCom, Inc. as representative for Verizon Wireless To Whom It May Concern: PlanCom, Inc. is an authorized representative of Verizon Wireless and has been contracted to perform cellular site development (i.e., real estate leasing, land use entitlements, materials procurement, architectural engineering, equipment installation, design and construction, etc.) on behalf of Verizon Wireless in connection with their telecommunications facility. As an authorized representative ofVerizon Wireless, PlanCom, Inc. may submit/order (i.e. land use applications and permits, utilities, etc.) on behalf of Verizon Wireless. ---------v~ly, // ~l~Jt Ju~~;-- Leslie Vartanian Manager Network Real Estate Verizon Wireless Coverage with La Costa verizon✓ Confidential and proprietary materials for authoozed Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement l TE; RSRP • COVC!QOe (0) ■ RSRP Level {DL) (dBm) > a-85 pn-Bulldlno Coverage) RSRP level {DL) (dBm) > s-95 pn-Vehlde Coverage) ■ RSRP level {DL) (dBm)> •-105 (On-Street Coverage) Coverage without La Costa ~'+l,l'.._1ilF~~-~~ ." --~.:,, • _ .1, ',i!.ll\;J ~ ;:; l TE: RSRP • ~ (0) ■ RSRP level (Dl) (dBm) > • .SS On-Bull ding Coverage) d!'l verizon✓ f ' __!l!. ~ '¥$,_,,.! -~ \ ~,,, ... , I Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not pe011itted to any unauthorized persons or third parties except by written agreement. RSRP level (DL) (dBm) > • -9S On-Vehicle Coverage) ■ RSRP level (0l) (dBm)> •-10S (On-Street Coverage) 2 La Costa Individual Coverage verizon✓ Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unaulhorized persons or third parties except by written agreement L TE: RSRP -~ (0) ■ RSRP La-el (DL) (dBm) > •-85 (ln-Bulldlno Coverage) _ RSRP Level (DL) (dBm)> •-95 (In-Vehicle Coverage) ■ RSRP level (DlJ [dBm) > •-105 (On-Street Coverage) i 3 These simulations are Intended for graphical purposes only and not Intended to be part of or to replace the Information provided on the const.ructlon drawings 1/25/2019 La Costa Reservoir (Othrup) 3023 Alga Rd. Carlsbad, CA 92009 verizon✓ These simulations are Intend, to be part of or to replace _tl 1/25/2019 La Costa Reservoir (Othrup) 3023 Alga Rd. Carlsbad, CA 92009 verizon✓ Photos/mutation of proposed tetiicomrnuiiicatlons-site: view Northeast from private -drive toward site {_ City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part 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 uAny 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 munlclpallty, 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 & persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) 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_________ Corp/Part VfR12:0IJ w•iEL-GSS Title. _________ _ Address _________ _ OWNER (Not the owner's agent} Tme ____________ _ Address 15505 SA-Nb CAN'/ P/IJ Av1.. /fi!.v1AJ~,cA 'fl.(p\S 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._________ Corp/Part CARt.S5AD I\\UAJ11:1PALWhTER 0/Srftct" Title __________ _ Address _________ _ Title ____________ _ Address \ lo<, C.,tRLSBAi> Vlt.u\6c l)Rt\lf (AR..LSi?AD, c.p.. Cf 2£V0 Page 1 of 2 ReYlsed 07/10 3. NONRPROFIT ORGANIZATION OR TRUST N/ Ir· If any per:so.n i9e11tified·puFs~_rrt.t~ (1) Or (2) abov._e Is· a nonprofit otganizati.on or a trust, list-the: name~ and a~~r.esses ofAHY. pe~.n seiViA~f_as ari i;>fficer ()I'. director of-tl_:le hor:i" -profit"organlzation or as .trustee or·beneficiary. ahhe. Non Proftt/Trust._______ Non Profit/Trust. ________ _ Title.___________ Title ____________ _ A9qress. _________ _ Add.ress ___________ _ 4. Have you had more. than ·$5QO worth pf busin~si; tr:ansact~d with ~ny member of G_ity staffj Board~, Commissions-,. Committees ancitor Council within ·1he past twelve (1:2} moottrs'? □ Vr,i~ ')Kl No If yes1 ple~se indl~te-p_e.rspn($):,_· _________ _ NOTE: Attach ·additional sheets if n~essary. Signature of applicant/date· Print ·or type. name of apj:>ll~a.lit . . . . _.:fJU, ClriVF;UMJj) I PillNcoli JN(,. lA6tiNT:) Print.or·typ.e, name •of. owner/appllcant's· ~g~nt ~evl118(1 07110 ( City of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: \lt;KI Z;.oN I-A C..OS,A --------~----------- APPLICANT NAME: v'~i<-lcDAJ l,IJI REL-6~6 ________ ____;; ___ ,:__ _________ _ Please describe ~ully 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 ba~ground information .and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: ',lt~1?:r,N WIR.Ew;Ss IS PR..0PoS1tJb TO Re-010VE" ,HT;:. l:x.J~r1A}1, tfo 1 MoNOPOt-rs:-AtJt> ~ePt..k.-6= WITH 14 N~ b I 1 /V\oNo6UC.tl '-'/YTUS WITH 'I 1C.V" (2.) ~ I c::. RoWfrVE' ANf&"Al~IM-1WfL-VE (12) YAtJELAAJTDJNltS rwr:LVF: (,i) RRv':, 4AJD ,H(lE:E(3) I RA'I c.l\'PS otJ tH~ Naµ ,Ra;. moo,-rtc.A,-,c,AJS Tb TH£ &X tf:>nNt:. c(hHi'l'Vlf;.r\JT SriEL-TER /NC..I..VD~ A NEW ,tL.E RooF AND oe-c~,Rltr1 v. co1.-\JMN!> w1rH 510/IJE: r1N•!> H-,i.vo(fz) NEW Ac... uN,TS ,tRE. 'rRoPosG.D APJAl.Wf TO 11-tE E;'l,.15,11\)I, 5H~LiE.ll-P,.tvD ,-}E.(.() uAJ(>cR.bWNu "Fl P.,~R. cotJD01r i"'ROf'\ iH"E: fAV-o-t:> (1:..oA-D W ~ $H'l:-~iER- P-1(8) Page 1 of 1 Revised 07/10 (_ City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Ser11ices Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 'lXj The development project and any alternatives proposed In this appllcatlon are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: __ V_E_~_,_1::ef\J __ w_,_~_e:_LE:_S_s _____ _ Address:._15=-5 ..... oS __ sA_IJ_O_c_AN___,;_'/o>J_A_IIE_t:.• ___ _ IR v,r-J~. CA °t 2-"I 'd Phone Number: ___________ _ PROPERTY OWNER Name: c.ARt...$&\D MVA11cll'Al IAJl/lER DISTR/Ct Address: /-zoo CAflL-$8AD t,1t.t.A-6E "{)i2 cARL.s 6A I) c:..A qz.0£'8 Phone Number:. _________ _ Address of Site:_:3_0_2._3_A_1..,_r:,A_R_o_A-_t)_,_c_AT<:_L.S_8_A_D_, _c_A-_'i_zo_o_i _____ _ Local Agency (City and County):. ___ c_1'-_R_L_-s_B_A_D_/_c_o_v_i'J_T'/ __ OF_5ll'J __ D_,_~_b_O ___ _ Assessor's book, page, and parcel number: ___ -;2._2._3_-_'?t_2_-_lq __________ _ Specify list(s):. _______ l\l_/_4 __________________ _ Regulatory Identification Number: ___ tv_/_t+ _________________ _ Date of List: ___ ~ _____ f.J_/_A _____ --r--~-::::r---------- 12 ti 18 ne Signature/Date "-'t f.,(,r,., l&iA-1: JV\~N,f:ll. The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ( City of Carlsbad EIA INFORMATION FORM P-1(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. Page 1 of4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (T_o be Comple~.by ~pl,cant) Date Flied.; ___________ (T6 l>e· c<;>111pleled by City) Appl~tloti·Nu,:nb.er(s):. _______________________ _ G&['!eral_ lnfon:natlon ,. · v1t.::~ri::o r-J LA co-s·oi .Nflrhe.'of pro].~: ------------------------ 2, Name of ~~veloper or"j?roject sponsor:. VE!<. I~ UJI.Re: LESS Ad~~s: I S S tY:S .:S A-iJ .t> CA ltJ '/DN AV(N.uG Cltyi•$tate.r21p Co_(fe: ·JR\J,fJ.E;: I c~ '12.bl~ -Phone N_umb~r:: ------------------------ . 3. Name.cifpers0ntobe contact~d concerning this:prsject:. ;111..L.• C,..Lt:VEt;AAJ.Q ./16eNr 4. 5. 6. 7. Address: P.t.tlNC.OM ._1,-Jl, ·-'3o2 STA~ Pt.Jtc.l!i. City,.Statil,ZipCG~e: e-scoNDt DO. ,cJI. q"2o2Cf· PhoneN,/mb~r: 7(oo-f./'2o-t.f'l,'33 Address of Project: . "'3o 2 '3 A-l-6. A R oAD Assessor'.s Parcel Number: 2~ 3-7q2_-1-,,. . . . . ~(-~~~-<;tes:crib~ a~y <Jther _related P.~rtnits· and.other publlo.approvals r~quired for this proJept, in~1,1dmg those:req1,11r~ PY c;1ty, regi~na~.stafe and fei:k;lral-ag~cie~:. · M-cuP,, H lt.ts I PE .D~M:.LCPn11WT P6RM1T, &11,-D1~b Psrt.1'11r Existing G1;mel'f,IJ ~Ian Lan~ L!se Deslg_natlon: __ R_-_l._5_' __________ _ l:xisting z9fiing district: ;Pc. ___ _.;... _________________ _ ·g-_ ·Proposec;f' use ofsite (Project for which this foim ·j~ flied); ___________ _ R~· ENTIT.1.;6NISNT d.F e~, ~T(/1}1, l):JIR-Gt,.S,Ss Ffl:CIL I ry Pro)~ct Oescrlpll.on. Slte.sl~e:· ___ l_,_s_· _3_A-....;('.:.._~_~:....-_______________ _ ProJ)Osed B'~ildlng·sqt,1~re tqotage: _E.'f.. __ 5_-r._1 N._._r,_·-a_. ·s_o_· _s_·F._. _'1_.H_E._1,.._T_E_R_. -'_· _!YJMJoPo_· __ t:._·tz_. _ Nllt N1:1mber.of floqrs of cotisfruqtk>m __________________ _ 1 ;3. Arriount of-0:ff-sfr~t. par:kih.9. Pr<?'lilded: / · Vet-\' c L. E -fYIA,~TEN ltNllz 14. Associated p,rojects: -M·Cu·P \3-b2 P-f(D) P .. 2of4 Revised 07/10 fv/A-lf resldemlal. ln~lude.tf.l_e-number of units _and sph~ule of unifstzes: ,__ _______ __. 1ij. if-~mer.c_i(:11,Jndlcate (Ile-~. whether nelgh_bo ood_, .city or·reglonally arient~d. square f~.9~ of-sales. afE)a,, ~nd h:uad.Jng fa.clllt(es, ____ /1/~~A ______________ _ 17. If industria_l, in~icate fype, esflmQte(t ~mplpyment per !$hift, ·an_d, 1.o.ad.ing fac,ili{i.es: ---"-N .... /....a.A __ _ 18. P-1(0) If instittitiQnal, ·indicate tt.ie m~br -function, ·estimated emplo)'fTlent. per ~hift, ·esti,nated occupancy, loading·(!Jciii~es, ·and _community benefrtS: tQ ·be .Q.81'.iVec! fu:>rQ the prpj~ct: N I A: .. -If tlle·_project invqives.a-v!'}dance, condiU_pn~ use <?J::.!!lZoning apgli~atior:is"state th!S and indi~t~ clearly why the_ applica_tic:m is. required:· C UP l<~lvVl ~ ED fti'~ I.Pl R~t,..E":>5 F!i~I 1-, TI £6 Revised 0?'/_10 Are. the· fol/o!Nlng._ ftems ~ppficable. to _the project or its sifect.s?. Dl~cuss alt Items· (i!ecl<f.Jcf yes {@tfach additional sheets as neces.sary), Yes No 20. Change •in ~xisting features Qf any-~ys, tipelands, beachEl:S, or lillls, or substantiai D. .E.'.J alteration of ground contours. · 21. Change in s.Genl_c vi~ws or vist.1s·frx;,m existing re.sidential ar~s. or public lands or ~ :0. roads . . 22. C~ange in,pattem, spal~ or char-a~tiar-.pf.gerierai ar8l;I of project. D ~ 23. Significant·amounf$•of solid waste or-litter, tJ Jz1' 24:. Change-la-dust, ash, .smoke, fum~ or odors ln.vJclnlty. O ~ 25. Change =tn ocean, .bay, lake, st~am or ground· water q1:1_~lity or qaaFJ1ity, or O RJ alteration of"existing <;it~lnege p~ttemi;. 26. Subs.tantlal change In existin_g· noise or v.ibration lev1,1ls· In· the, vlcfnfty. [j )8 21; Site-on fllled lanq or cm slop~ of 10 perwrit or mc;,re. D ,El 28. Use of" disposal of potentially hazardou$ maferlals,. such. ~s foX1c s.U!1sfaoces,. D Jm flan,mables or explosives. 29. s:ubstanUal t)h~mge. In demand for municipa·I S8rvl~s. (police, 'fir.e, wa~r, sew~ge,. D . ~- etc-). '30.. Sobstantialiy im:rea.se..fossll fuel ponsump,tiQrJ.{el.e~ty,,oil, ·-natural gas, etc,). D 12f· -~1. Rel~tlom~hip tc;, a .i~rger projeptor series of pr:oJects; D Jsa ~nvrronmental Setting_ Attach sheet/$ -ihat inclu,;!e-a response fo ·the (qt/owing ·quesfipn.s; 32.-D_escribe th~ project sit~ ~s.it exists-before the proje~t .. inclt,rdfrJg iof~rmation_ on -topcgi;tphy, !?_611" stabJJfty, plan~ anq ~nimal~ • .an.d any cultural, hlstqriq;il .or·scepiq asp~ts_. DEisc::rlbe. a11y e~if,llin~ structures._on ·the site, ;,;1nd theJ.11?,e,of:the stl'.U«;:tur~s. Attach. photograp~s ·of the site. S11£1pshots ·of Polaroid photos will b.~ accept~d. 33. Describe the surrounding properties, Including : infor.mation on plants· and anfmals · and ;any ·cultural, historical or scenis asp-ects. Indicate the type of land use (resldentlal, commetcial, etc.), Intensity of land·ose (one~famI1y.; apartment.houses, shopl3, department.store$, c,tc.); .and scale. of development . (height,. frontage,· .set-back; rear yard, etc.). Attach photographs· of the ·vlcln.lty. Snapshots· or: polaroid photos will. be at::oeptect. · · Ce~fl~tfon I h.~~l::!y qertlfy that U:le st~~m~nts fi,.lmished a·~ove a·nd (n the attached ¢xhlbl_ts pres.e_11t the data and lnforrnatiqn requi~ for tnis. lnltlal evalu_atlon to the best of my ablllty, and that ffie-~cts,. statements, ."and lnfnrmation pr1tsented t!Je. true ~nd cqrre.ct to the be!31 of my: knowl~ge, ~A .... d bjf1j) . Date:·. /'2-/zo /2 'ts Signature: U ~ (A6el\Jr) . . . ... 0 . /cRI ::t.cN WI RELE.~ r-Or: VI Revised 07/10 (_ City of Carlsbad 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 wlll receive a letter stating whether this application ls complete or Incomplete. If It is incomplete, the letter wlll state what is needed to make this application complete. When the application Is complete, the processing period wlll start upon the date of the completion letter. If you have any questions regarding appllcatlon submittal requirements (i.e., clarification regarding a specific requirement or whether I r quirements are necessary for your particular application) please call (760) 602-46tC,, Applicant Signature: ---.,Q...-~----1 1~----------- Staff Signature: Date: 12-/zo/16 To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07110 ( City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 j 1NSTRUCTIONS: 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 (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). 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 PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. 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 completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: La Costa Reio (La Costa Reservoir WCF) PROJECT ID: ADDRESS: 3023 Alga Road, Carlsbad California 92009 APN: 223-792-19-00 The project is (check one): D New Development IX] Redevelopment The total proposed disturbed area is: 648 ft2 ( 0.015 ) acres The total proposed newly created and/or replaced impervious area is: 140 ft2 ( 0.003 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 To determine if your project is a "development project", please answer the following question: YES Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building I O or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? NO If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If d " "t th b e • sf th • . t . 'd I t I . t' I t St 2 I ~e:·.1_. +;: ~;\ :: __ ~~/Af:\f•.::_-i·:-· .:::;/':!\;· :t?t<:~:-;--;;~~-;:.zr-~: ,t~: -~.-·: .. ·.: .. '~.:~},=~-:_,-~<::-: :~-:-,~_~\;:?-~=.,~-:_\·.t:f·1?z~£] r!. :-~.# •,.: -~· , .. ,....,~ .. :.-1~t.:::":t. ):,.;.c_f• ...... ';l .,,;;;"s~LJN!:L~i);.;,~,~J~~L:. -'.~l~,:...-.!:J~·}~:.:i:-:)i:'uk:t~~11 1:3t:1±:A0_gtSIJ\!':r ~;.·~ ~J--'--7111'r~·~--(!,~·.,·~ .. :.~~,..,~ ,.. ··,...'?.,.--..,___...._~ ~~..J..;.,w.~---· ..,._ ~.....1-~ .... ~---• --c..~ --_ .. ,..'-' ~----•-'-------'"""·----"........:.,..,_ ...... ~~-~~ "'~ :..1_..__~--~-=--~ ~-...1... ..... ~.;, To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3}, please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; □ IX] b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets ouidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ IX] accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ IX] If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... "and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of4 REV 04/17 r-: ---.. _ . --:· :-~: -----. -----' -'~-• -· < .; ' -:·~-,: .. --. --.. ---- -. i -' ,· .. . --,,, . . ; -. -. --.. __ , . --. ---. -------To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ IX] and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ IX] more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ IX] refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ !XI development project includes development on any natural slope that is twenty-five percent or i:ireater. 5_ Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ IX] a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ IX] site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ IX] 200 feet or Jess from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands)_* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ IX] shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ !XI RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ IX] and are expected to generate pollutants post construction? 11 _ Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ IX] 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... • and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statini:i "My project is a 'STANDARD PROJECT ... " and complete aoolicant information . E-34 Page 3 of 4 REV 04/1 7 ' . STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A)= sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (8/A)*100 = % If you answered "yes·, the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... " and complete applicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. IX] My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a • Standard Project Requirement Checklist Form E-36' and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Jeffre~ Rome Applicant Title: Architect Applicant Signature~ -- Date: 01 /03/2019 ( _/ • Environmental! Sensmve Areas include but are not limited to all Clean Water k;t. Section 303(d) impaired water bodies; areas designated as Areas of ·a1 y Sped 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; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of4 REV 04/17 ( Cicyof Carlsbad STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project lnfonnation Project Name: Verizon La Costa Reio (La Costa Reservoir WCF) Project ID: DWG No. or Building Permit No .: Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed . • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 □ Yes □No Iii N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage □Yes □ No Iii N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind Iii Yes □No □ N/A Dispersal Discussion/justification if SC-3 not implemented: -Mechanical Units. E-36 Page 1 of 4 Revised 09/16 Source Control Requirement (continued) Applied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and D Yes □No Iii N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal □Yes D No Iii N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for ouidance). D On-site storm drain inlets D Yes □No Iii N/A D Interior floor drains and elevator shaft sump pumps □Yes □No Iii N/A D Interior parking garages □Yes □No Iii N/A D Need for future indoor & structural pest control D Yes D No Iii N/A D Landscape/Outdoor Pesticide Use □Yes □No Iii NIA D Pools, spas, ponds, decorative fountains, and other water features □Yes □No Iii N/A D Food service □Yes □No Iii N/A D Refuse areas D Yes □No Iii N/A D Industrial processes D Yes □No Iii N/A D Outdoor storage of equipment or materials D Yes □No Iii N/A D Vehicle and Equipment Cleaning D Yes □No Iii N/A D Vehicle/Equipment Repair and Maintenance D Yes □No Iii NIA D Fuel Dispensing Areas □Yes □No Iii N/A D Loading Docks D Yes □No Iii N/A D Fire Sprinkler Test Water □Yes □No Iii N/A D Miscellaneous Drain or Wash Water D Yes □No Iii N/A D Plazas, sidewalks, and parkino lots D Yes □No Iii N/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of 4 Revised 09/16 Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion/ justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applied? SD-1 Maintain Natural Drainage Pathways and Hydrologic Features I Iii Yes I □No I D NIA Discussion/justification if SD-1 not implemented: -Existing drainage and sloped contours of site to remain. SD-2 Conserve Natural Areas, Soils, and Vegetation I □Yes I □No I Iii N/A Discussion/justification if SD-2 not implemented: SD-3 Minimize Impervious Area I Iii Yes I D No ID NIA Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I D Yes I □No I Iii NIA Discussion/justification if SD-4 not implemented: SD-5 Impervious Area Dispersion I Iii Yes I □No ID N/A Discussion/justification if SD-5 not implemented: E-36 Page 3 of 4 Revised 09/16 Site Design Requirement (continued) I ADDlied? SD-6 Runoff Collection I □Yes I 0 No I Iii N/A Discussion/justification if SD-6 not implemented: SD-7 LandscapinQ with Native or DrouQht Tolerant Species I □Yes I 0 No I Iii NIA Discussion/justification if SD-7 not implemented: SD-8 HarvestinQ and UsinQ Precipitation I D Yes I □No I Iii NIA Discussion/justification if SD-8 not implemented: E-36 Page 4 of 4 Revised 09/16 Commonwealth Land Title Insurance Company GUARANTEE NO.: CA-SFXFC-IMP-81 G28-1-18-09208756 CL TA GUARANTEE FACE PAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, COMMONWEAL TH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A Commonwealth Land Title Insurance Company Countersigned: By: ---------- Authorized Officer or Agent By Alles! 11.JCIIJ Gr"'elt S.Crllaiy CLTA Guarantee Face Page {06-05-14) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09208756-920-CMM-CMS Guarantee No. CA-SFXFC-IMP-81G28-1-18-09208756 GUARANTEE EXCLUSIONS AND CONDITIONS (06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: {a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. {b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. {c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. {d) The identity of any party shown or referred to in any of the schedules of this Guarantee. {e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. {f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. {g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. {e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. {f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 {b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. CL TA Guarantee Exclusions and Conditions (06-05-14) © California Land Title Association. All rights reserved. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice {subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. {c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. {d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. {a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Page 2 The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09208756-920-CMM-CMB information or grant perm1ss1on to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that that the Company is obligated to pay; or ( c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation of Liability. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or CL TA Guarantee Exclusions and Conditions (06-05-14) © Callfomia Land Title Association. All rights reserved. Guarantee No. CA-SFXFC-IMP-81G28-1-18-09208756 property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severability In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at Commonwealth Land Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. Page 3 The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No.: 09208756-920-CMM-CMS Guarantee No.: CA-SFXFC-IMP-81G28-1-18-09208756 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: 09208756-920-CMM-CMS Guarantee No.: CA-SFXFC-IMP-81G28-1-18-09208756 Date of Guarantee: December 14, 2018 at 7:30 AM 1. Name of Assured: Plancom, Inc. 2. The estate or interest in the Land which is covered by this Guarantee is: A FEE 3. The Land referred to in this Guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Carlsbad Municipal Water District Amount of Liability: $5,000.00 Fee: $750.00 b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. 81G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page4 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09208756-920-CMM-CMS Policy No. CA-SFXFC-IMP-81G28-1-18-09208756 EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF PARCEL 4 OF PARCEL MAP 10179, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2, ACCORDING TO MAP NO. 6905. ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF EL FUERTE STREET, AS SHOWN ON SAID MAP NO. 6905; THENCE NORTH 68° 13' 07" EAST, 1536. 70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68° 01' 10" EAST, 99.51 FEET; THENCE SOUTH 51° 54' 40" EAST, 141.03 FEET; THENCE SOUTH 22° 52' 25" WEST, 191.85 FEET; THENCE SOUTH 57° 13' 00" WEST, 73.07 FEET; THENCE NORTH 83° 46' 00" WEST, 83.97 FEET; THENCE NORTH 22° 02' 11" WEST, 58.84 FEET; THENCE NORTH 34° 25' 48" WEST, 153.00 FEET; THENCE NORTH 55° 34' 12" EAST, 10.00 FEET TO THE BEGINNING OF A TANGENT 322-FEET RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 35' 22" A DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING. APN: 223-792-19-00 81G28 CLTA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page5 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09208756-920-CMM-CMB Policy No. CA-SFXFC-IMP-81G28-1-18-09208756 SCHEDULE B A. Assessors Parcel No. 223-792-19 appear as "NO TAXES DUE" on the current County Assessor Tax Rolls. No county taxes appear to be due or payable at this time. B. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Matters contained in that certain document Entitled: Dated: Installment Sale Agreement May 1, 1984 Executed by: Imperial Securities Corporation, as seller and Costa Real Municipal Water District, as Purchaser Recording Date: May 24, 1984 Recording No: 84-193425 of Official Records Reference is hereby made to said document for full particulars. 3. Matters contained in that certain document Entitled: Dated: Assignment Agreement May 1, 1984 Executed by: Imperial Securities Corporation, as seller and Security Pacific National Bank, as Trustee Recording Date: May 24, 1984 Recording No: 84-193426 of Official Records Reference is hereby made to said document for full particulars. 4. Matters contained in that certain document Entitled: Dated: Easement Agreement May 22, 1984 Executed by: Costa Real Municipal Water District and Daon Corporation, a Delaware corporation Recording Date: June 15, 1984 Recording No: 84-224556 of Official Records Reference is hereby made to said document for full particulars. 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page6 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Order No. 09208756-920-CMM-CMB Policy No. CA-SFXFC-IMP-81G28-1-18-09208756 SCHEDULE B (Continued) 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: La Costa Community Antenna System, Inc. Access June 15, 1984 84-224557 of Official Records A portion of said land 6. 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: La Costa Community Antenna System, Inc. Pipe lines June 15, 1984 84-224558 of Official Records A portion of said land 7. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Certificate of Compliance City of Carlsbad July 9, 1984 84-257082 of Official Records Reference is hereby made to said document for full particulars. 8. Any interest of the person(s) shown below whose possible interest is disclosed by their designation as "assessed owner(s)" of said land on the county secured tax rolls. Name: Carlsbad Municipal Water District 9. 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. 81G28 Cl TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee © California Land Title Association. All rights reserved. Page 7 The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 0, 0 I 'J . :d ~ .. µ $ •• J2 I I • .. l .. . • l: t t ·• ;i • N C'i ~ ,, ; (/ ) 0 0 0 ;c Cr ) : 15 m ~ 0 ca z ,~- m - X l r ! 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