HomeMy WebLinkAbout1995-12-19; Municipal Water District; Resolution 9151
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RESOLUTION NQ 915
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA
ACCEPTING LICENSE AGREEMENT BETWEEN AIRTOUCH
CELLULAR AND THE CARLSBAD MUNICIPAL WATER DlSTRlC
WHEREAS, AirTouch Cellular wishes to enter into a license agreemc ' 11 property known and specifically identified as one thousand four hundred s
7 1) (1,480) square feet of a 1.53 acre site, commonly known as the La Costa Hi
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10 WHEREAS, the Board of Directors of the Carlsbad Municipal Wate
11 California, agrees to enter into a License Agreement with AirTouch Cellular; a
Site, herein after referred to as the "Property";
12 WHEREAS, AirTouch Cellular agrees to all obligations in the License P
l3 and CUP 94-1 1; and
l4 I! WHEREAS, AirTouch Cellular agrees to pay the Carlsbad Municipal Wa
15 II without abatement, deduction or offset the following rental on or before the f
each month this agreement:
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year of this agreement commencing the first of the month following the adopt 19
(a) One thousand eight hundred dollars ($1,800) dollars per month 1
20 11 agreement;
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(b) Commencing on the anniversary date of this Licensing Agreemer
23 ll 2, 3 and 4, said monthly rent shall increase as follows:
24 Year 2: Qne thousand eight hundred and ninety dollars ($1,890) F
25 Year 3: One thousand nine hundred eighty-four dollars and 1
26 ($1,984.50) per month.
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Year 4: Two thousand eighty-three dollars and seventy-thrc
($2,083.73) per month;
WHEREAS, the Board President hereby directs the Executive Manager ti
three original copies of the License Agreement; and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Municipal Water District, California as follows:
1 I That the above recitations are true and correct.
2. That the Board License Agreement attached hereto i
approved and the Executive Manager is authorized and directed to execute it
of the District.
PASSED, APPROVED AND ADOPTED at a special meeting of the
Municipal Water District held on the 19th day of DECEMBER 1995, by the
vote to wit:
AYES: Board Members Lewis, Kulchin, Finnila, Hall
NOES: None 11
ABSENT: Board Me
. LEWIS, President
21 ATTEST:
sistant Secretary
24 (SEAL)
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LICENSE AGREEMENT
This Agreement made between the Carlsbad Municipal Water
District, a municipal water district organized and existing under
the Municipal Water District Act of 1911, as amended, hereinafter
for convenience referred to as IlDistricttl, and-AirTauch Cellular,
a California corporation, hereinafter for convenience referred to
as I1AirTouch1'.
RECITALS
1. The District is the owner of real property more
specifically identified as one thousand four hundred and eighty
(1480) square feet on a 1.53 acre site, commonly known as the La
Costa High Reservoir Site, and hereinafter referred to as the
llPropertyll.
2. The District now uses the Property for a water storage
reservoir for the District and appurtenances thereto.
3. The Property is adequate in size to allow the
installation of an antenna and appurtenances thereto by AirTouch.
4. AirTouch is desirous of installing antennas and
appurtenances thereto on the Property.
5. The District is willing to allow AirTouch to install the
antennas and appurtenances thereto under certain terms and
conditions.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
LIC?ENSEE'€f OBLIGATIONS
AirTouch agrees to do the following:
1. Use the Property for the purpose of constructing,
maintaining and operating a Mobile Communications Facility and uses
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incidental thereto, consisting of one building of approximately
three hundred and sixty (360) squgre feet and antennas as described
in CUP 94-11. A security fence, consisting of .chain link
construction or similar but comparable construction, shall be
placed around the perimeter of the facilities of AirTouch. All
improvements shall be at AirTouch's expense. AirTouch will
maintain the property in a reasonable condition.
2. (a) Be responsible for .installing any equipment, at
expense of AirTouch, to eliminate any interference that might be
caused by the location of the radio transmitting or other equipment
of all parties (including but not limited to the District, City of
Carlsbad, and Cablevision) on the Property.
(b) The District reserves the right to enter into
agreements with other parties, including but not limited to
wireless communications carriers (hereinafter I1Carriersm1) for use
of the La Costa High Reservoir site. In the event that an
additional Carrier is licensed to use the site it shall be the new
Carrier's responsibility, at its expense, to ensure that such
installation is constructed and operated in accordance with
applicable regulations issued by the Federal Communications
Commission (ItFCCta), if any. If Carrier's plans and specifications
are approved by District, District shall notify AirTouch in writing
as to the scheduled date and time of commencement of construction
and installation of Carrier's transmitting/receiving equipment not
less than five (5) business days prior to such date. Any change to
the additional Carrier's approved antenna type and location and/or
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change in transmitter types and power output shall be made
compatible with AirTouch at Carrier's sole expense.
3. Be responsible for maintenance of the building to comply
with all City, County, FAA and FCC regulations.
4. Be responsible for its own equipment. Provide fire, theft
and extended coverage insurance for the building and facilities
installed for AirTouch.
5. (a) Be responsible for securing any necessary permits or
conditional use permits from any governmental agency to install any
facilities of AirTouch on the Property. AirTouch may substitute,
modify and/or add to its communications antennas located on the
Property from time to time, provided that AirTouch first obtains
any and all required governmental approvals for such substitution,
modification and/or a'ddition. Any change to AirTouch's approved
antenna type, number of antennas, antenna location and/or change in
transmitter type and power output shall, at the sole expense of
AirTouch, be made in accordance with applicable regulations issued
by the FCC. If AirTouch's plans and specifications are approved by
District, AirTouch shall notify all other Carriers in writing as to
the scheduled date and time of commencement of construction or
installation of AirTouch's modified equipment not less than five
(5) business days prior to such date.
(b) It is understood and agreed that AirTouch's ability
to use and/or protect its interest in the Property is dependent
upon AirTouch's obtaining all of the certificates, permits and
other approvals which may be required from any federal, state or
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local authority, and any easements which are required from any
third parties. ,District shall cooperate with AirTouch in its
efforts to obtain such approvals and/or easements, as may be
required for AirTouch's facility as initially configured and
approved in CUP 94-11. If (i) any application and/or negotiations
by AirTouch for any such certificate, permit, license, easement,
approval, policy of title insurance, or agreement is finally
denied, rejected and/or terminated, (ii) any such certificate,
permit, license, easement, approval or agreement is canceled, or
expires, or lapses or is otherwise withdrawn or terminated, (iii)
any Hazardous Materials are discovered or otherwise become located
on the Property, other than as a direct result of AirTouch's
activities thereon, or (iv) due to technological changes, AirTouch
determines that it is no longer practical to use the Premises for
AirTouch's intended purposes, then AirTouch shall have the right to
terminate this License Agreement, which termination shall be
effective no sooner than 30 days from delivery of written notice
from AirTouch to District provided AirTouch has removed all of its
property and equipment from the premises by that time.
6. Be responsible for all utilities and any property taxes
imposed as a result of the use of the Property by AirTouch.
7. (a) Licensee understands and agrees that this licensing
agreement may be revoked at any time in the future if the District
determines for any reason at any time in the future that this
license agreement is not in the best interest of the District
The determination of license revocation shall be within the sole
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discretion of the District. In the event the District's revocation
of a license is not due to a breach by AirTouch of one of the
conditions or obligations provided for in this agreement, the
District shall give AirTouch written notice of the necessity of
removal of the said facilities one hundred eighty (180) calendar
days prior to the effective date of the removal. Such removal or
relocation shall be at the expense of AirTouch.
(b) If this license is revoked by the District due to a
breach by AirTouch of one of its obligations herein, the revocation
shall be effective thirty (30) calendar days from the date of
delivery of the notice of revocation and AirTouch shall remove all
of its personal property and equipment from the Property by that
time or the District may remove it and charge AirTouch for the cost
of removal.
8. If upon expiration or termination of this agreement
AirTouch remains on the Property, -AirTouch shall pay rent at two
times the then existing monthly rate until such time as AirTouch
vacates the premises by removal of its personal property and
fixtures.
9. Exercise due diligence in utilizing the Property of the
District so as to not interfere with utilization of the Property by
the District, and AirTouch agrees to comply with any rules and
regulations that the District may promulgate at any time in
reference to utilization of the Property by any party other than
the District. It is understood by AirTouch that the Property is
used by the District as a water storage reservoir and as a part of
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the water transmission system of the District and that it is
necessary to maintain adequate security at all times for the
primary utilization of the Property by the District.
10. Pay to District without abatement, deduction or offset
the following rental on or before the first day of each month of
this agreement:
(a) One thousand eight hundred(l,800) dollars per month
for the first year of this agreement.
(b) Commencing on the anniversary date of this Licensing
Agreement in years 2, 3 and 4, said monthly rent shall increase as
follows:
Year 2: One thousand eight hundred and ninety
(1,890) dollars per month.
Year 3: One thousand nine hundred eighty-four (1,984.50) dollars and fifty cents per month.
Year 4: Two thousand eighty-three
(2,083.73) dollars and seventy-three cents per month.
(c) If any of the monthly rental payments are not
received by the District by the tenth day of the month in which
they are due, the rent shall be deemed delinquent and a ten (10)
percent penalty on the sum owing shall accrue on the late payment.
If AirTouch should become delinquent on two or more months rent,
the District may revoke this agreement forthwith and demand removal
of all personal property within ten (10) days, or remove such
property itself and charge AirTouch for the cost of removal.
11. Provide the District with two portable cellular te e hone?
units mA: G rztzil -.-z.ktc ~5 -wly Bj& - upon execution of this agreement, as additional
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consideration for this license.
12. (a) Waive all claims against the District and/or the
city of Carlsbad for any damages to the personal property and
equipment of AirTouch in, upon or about the Property and for
injuries to any employees of AirTouch or their agents in or about
the Property from any cause arising at any time, and AirTouch will
hold the District and the City of Carlsbad exempt and harmless from
any damage or injury to any person, or any property, arising from
the use of the Property by AirTouch, or from the failure of
AirTouch to keep the building in good condition and repair, as
herein provided.
(b) AirTouch's indemnification shall include any and all
costs, expenses, attorneys fees and liability incurred by the
District and/or the City of Carlsbad, its officers, agents, or
employees in defending against such claims, whether the same
proceed to judgment or not.
(c) AirTouch shall at its own expense, upon written
request by the District and/or the City of Carlsbad, defend any
such suit or action brought against the District and/or the City of
Carlsbad, its officers, agents or employees. AirTouch's
indemnification of the District and/or the City of Carlsbad shall
not be limited by any prior or subsequent declaration by AirTouch.
13. Obtain and maintain for the duration of the contract
insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with this
agreement, its agents, representatives, employers or
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subcontractors. Said insurance shall be obtained from an insurance
carrier admitted and authorized to do business in the State of
California. The insurance carrier is required to have a current
Best‘s Key Rating of not less than IIA-:V” and shall meet the
District‘s policy for insurance as stated in City Council
Resolution No. 91-403.
(a) AirTouch shall maintain the types of coverages and
minimum limit indicated herein, unless a lower amount is approved
by the General Counsel or Executive Manager:
1) Comprehensive General Liability Insurance.
$1,000,000 combined single-limit per occurrence for bodily injury,
personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits shall apply
separately under this contract or the general aggregate shall be
twice the required per occurrence limit.
2) Automobile Liability (for the use of an
automobile by AirTouch employees or agents or subcontractors in
conjunction with its use of the premises) $1,000,000 combined
single-limit per accident for bodily injury and property damage.
3) Worker’s Compensation and Employer‘s Liability.
Worker‘s compensation limits as required by the Labor Code of the
State of California and Employer’s Liability limits of $1,000,000
per accident for bodily injury.
(b) AirTouch shall ensure that the policies of insurance
required under this agreement contain, or are endorsed to contain,
the following provisions:
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1) The District and the City of Carlsbad shall be
designated as an additional insured on all policies excluding
Worker's Compensation.
2) AirTouch shall furnish certificates of insurance
to the District before commencement of work.
3) AirTouch shall obtain occurrence coverage, which
shall be written as claims-made coverage.
4) This insurance shall be in force during the life
of the agreement and shall not be canceled without 30 days prior
written notice to the District sent by certified mail.
5) If AirTouch fails to maintain any of the
insurance coverages required herein, then the District will have
the option to revoke this license agreement, or may purchase
replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained.
AirTouch is responsible for any payments made by the District
and/or the City of Carlsbad to obtain or maintain such insurance
and the District and/or the City of Carlsbad may collect the same
from AirTouch or deduct the amount paid from any sums due AirTouch
under this agreement.
14. AirTouch and District agree that they will not use,
generate, store or dispose of any Hazardous Material on, under,
about or within the Property in violation of any law or regulation.
llHazardous Material1* shall mean petroleum or any petroleum product,
asbestos, any substance known by the State of California to cause
cancer and/or reproductive toxicity, and/or any substance, chemical
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or waste which is identified as hazardous, toxic or dangerous in
any applicable federal, state or local law or regulation. In the
event of a breach of this provision by either party, the other may
terminate this agreement forthwith and pursue any remedies to which
it is entitled by law.,
15. Licensee understands and acknowledges that this license
granted herein is absolutely not assignable or transferable and any
attempt to do so may result in a revocation of the license at the
will of the District.
LICENSOR'S OBLIGATIONS
District agrees to do the following:
1. Allow the construction of a building and installation of
antennas on the Property for use of AirTouch as approved in City of
Carlsbad CUP No. 94-11 attached hereto as Exhibit tlI1l.
2. Allow reasonable ingress and egress for AirTouch to the
Property, including access any time in cases of emergency or
equipment failure.
3. Be responsible for its own equipment.
4. Grant any necessary temporary easement as required for
extension of electric and telephone service to the site as
specified in City of Carlsbad CUP 94-11.
5. Allow construction of power line facilities to the site
from existing facilities on the reservoir site.
6. Permit AirTouch ingress and egress to the Property to
conduct such surveys, structural strength analysis, subsurface
boring tests and other activities of a similar nature as AirTouch
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may deem necessary. All such activities shall be at the sole
expense of AirTouch. AirTouch agrees to hold District and the
Property free and harmless from any cost, claims and damages,
actual or asserted, including costs of investigation and/or defense
thereto connected in any way with said activities.
7. District and its agents and contractors shall have the
right to enter the Premises upon forty-eight (48) hours advance
notice to AirTouch, during reasonable business hours and when
accompanied by personnel of AirTouch, for the purpose of making any
necessary alterations or repairs as provided in this License
Agreement. In the event of an emergency, the notice requirement
will be waived.
8. All notices under this License Agreement shall be in
writing and, unless otherwise provided herein, shall be deemed
validly given if sent by certified mail, return receipt requested,
or via recognized overnight courier service, addressed as follows
(or to any other mailing address which the party to be notified may
designate to the other party by such notice). All notices properly
given as provided for in this section shall be deemed to be given
on the date when sent. Should District or AirTouch have a change
of address, the other party shall immediately be notified as
provided in this section of such change.
AIRTOUCH: DISTRICT:
AirTouch Cellular Carlsbad Municipal Water District
5355 Mira Sorrento Place 5950 El Camino Real
Suite 500 Carlsbad, CA 92008
San Diego, CA 92121 Att: Robert J. Greaney
Att: Real Estate Dept.. General Manager
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with a copy to:
AirTouch Cellular Office of the City Attorney P. 0. Box 19707 1200 Carlsbad Village Drive Irvine, CA 92713-9704 Carlsbad, CA 92008 Att: Legal Dept. Att: Ronald R. Ball, Esq.
The parties have executed this Agreement as of the date
affixed after the signature of the party.
Dated: Dated: 12/20/95
AIRTOUCH CARLSBAD MUNICIPAL WATER DISTRICT
9 /.!. BY : /A,/.; y 9. ,,; L L. b..' BY: @dCY J. HOBBS ROBERT J. & 9&#-7 EY Vice President and General General Manager
Manager of San Diego and
Imperial Counties
Dated: /;;',' ... 'gi- Dated: /l-J7-7g
.I
Assistant Secretary
Carlsbad Municipal Water District
WAPPROM) WDEiWMEw
WcYOuNt? ByIC"r-7 1)%9-F .*
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CRCEa 1W-Z 194231-02
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PLANNING COMMISSION RESOLUTION NO. 3756
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PER" TO CONSTRUCI' A CELLULAR
COMMUNICATION FACILITY ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ALGA ROAD BETWEEN EL FUERTE AND UNA WAY.
CASE NAME: LA COSTA CELL, SITE
CASE NO: CUP 94-1 1
WHEREAS, a verifred application has been filed with the City of Carls
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditic
Permit as provided by Chapter 2 1.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal We, the P
commission did, on the 15th day of March, 1995, hold a duly noticed public hearing to c
said application on property described as:
A parcel of land being a portion of Farce1 4 of Parcel Map No.
10179, filed in the Office of the county Recorder of the County of
San Diego, State of California, being a portion of Section 30,
Township 12 South, Range 3 West, San Bemardin0 Meridian, in
the City of Carlsbad, county of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all testimc
arguments, if any, of all persons desiring to be heard, said commission considered all
relating to CUP 94-11.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corm
of the City of Carlsbadl as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Corn
APPROVES CUP 94-11, based on the following findings and subject
following conditions:
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Findings:
1. That the requested use is desirable for the development of the community a
provide an additional level of service to the community, is essentially in harrnc
the various elements and objectives of the general plan as the facility will help I
for emergency response during and after catastrophic events" and will help 7
the organization and delivery of emergency services", and is not detrimental to
uses or to uses specifically permitted in the zone in which the proposed use
located;
2. That the 1.53 acre site is adequate in size and shape to locate the three hund
sixty square foot communication facility building and antenna platform;
3. That all of the yards, setbacks, walls, fences, landscaping, and other features n'
to adjust the requested use to existing or permitted future uses in the neighborhl
be provided and maintained. The existing landscaping is adequate to scr
facility from distant views;
4. That the street system serving the proposed use is adequate to properly handle a,
generated, for routine maintenance visits, by the proposed use.
Conditions:
1. Approval is granted for CUP 94-11, as shown on Exhibit(s) "A" - "B", dated M
1995, incorporated by reference and on file in the Planning Department. Devel
shall occur substantially as shown unless otherwise noted in these conditions.
2.. The developer shall provide the City with a reproducible 24" x 36", mylar copy of
plan as approvd by the Planning Comm;sSion. The sire plan Shall reflect the COI
of approval by the City. The plan copy shall be submitted to the Planning Direc
approved prior to building, grading, final map, or improvement plan submittal, wh
OCC~ frst.
3. This project shall comply with all conditions and mitigation measures which 1
required as part of the Zone 11 Local Facilities Management Plan and any amen,
made to that Plan prior to the issuance of building permits.
4. Approval of this request shall not excuse compliance with all sections of the :
Ordinance and all other applicable City ordinances in effect at time of building
issuance.
5. This approval shall become null and void if building permits are not issued f
project within one year from the date of project approval.
6. This Conditional Use Permit is granted for a period of 5 years. This Condition
Permit shall be reviewed by the Planning Director on a yearly basis to determ.int
conditions of this permit have been met and that the use does not have a sub5
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negative affect on wounding properties or the public health and welfare. If the
Director determines that the use has such substantial negative effects, the
Director shall recommend that the Planning Commission, after providing the p
the opportunity to be heard, add additional conditions to reduce or elhi
, substantial negative effects. This permit may be revoked at any time after ;
hearing, if it is found that the US^ has a substantial detrimental affect on surround
uses and the public's health and welfare, or the conditions imposed herein have :
met. This permit may be extended for a reasonable period of time not to exceed
upon written application of the permittee made no less than 90 days prio expition date. The Planning Commission may not grant such extension, unless
that there are no substantial negative affects on surrounding land uses or the
health and welfare. If a substantial negative affect on surrounding land use!
public's health and welfare is found, the extension shall be denied or grant
conditions which will eliminate or substantially reduce such effects. There is no
the number of extensions the Planning Commission may grant.
7. Prior to the issuance of the Conditional Use Permit Developer shall submit to thc
Notice of Restriction to be filed in the office of the County Recorder, subjecl
satisfaction of the Planning Director notifying all interested parties and succe:
interest that the City of Carlsbad has issued a Conditional Use Permit by Resolut
3756 on the real property owned by the declarant. Said Notice of Restriction sh
the property description, location of the fie containing complete project details
conditions of approval as well as any conditions or restrictions specified for inch
the Notice of Restriction. The City's fd decision maker for the project has the at
to allow the developer to execute and record an amendment to the notice which m
or terminates said notice upon a showing of good cause.
8. The Developer shall report, in writing, to the Planning Director within 30 da]
address change from that which is shown on the conditional use permit applicati
9. All roof appurtenances, including air conditioners, shall be architecturally integrat
concealed from view and the sound buffered from adjacent properties and stre
substance as provided in Building Department Policy No. 80-6, to the satisfaction
Directors of Planning and Building.
10. No outdoor storage of material shall occur onsite unless required by the Fire Chi
such instance a storage plan will be submitted for approval by the Fire Chief a
Planning Director.
11. h the event that similar telecommunication facilities wish to locate on the s
property in the future, Air Touch Cellular shall not object to the installation and ope
of such facilities unless such facilities are technically incompatible with Air '
Cellular's facility. Additional telecommunication facilities must obtain separatc
Permits (i.e. CUP) prior to locating at the subject site.
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PC RES0 NO. 3756 -3-
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1 12. The antennas permitted by this Conditional Use Permit are tbirty directional
antennas, six omni directional whip antennas not to exceed ffieen feet in leng 2 digital radio dish antennas not to exceed eight feet in diameter. ,
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13. Any additional antennas shall require an amendment to the Conditional Use
14. A hold harmless agreement to the satisfaction of the City Attorney and Warming I
shall be submitted and approved prior to issuance of building permit.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the F
Commission of the City of Carlsbad, California, held on the 15th day of March, 1995,
following vote, to wit:
AYES: Chairperson Welshons; Commissioners Erwin, Monroy, I
Noble, and Savary.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Compas.
ATTEST:
KIM WELSHONS, ChairDerson.
CARLSBAD PLANNING COMMISSION
PLANNING DIRECTOR
28 /I PC RES0 NO. 3756 -4-