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HomeMy WebLinkAbout1993-12-14; City Council; 12504; US West Cellular AppealC-Y OF CARLSBAD - AGE-DA BILL :APPEAL OF PLANNING COMMISSION DECISION APPROVING U.S. WEST CELLULAR CITYATTY RECOMMENDED ACTION: Both the Planning Commission and Staff are recommending that the City Council direct the City Attorney to prepare documents APPROVING CUP 93-03, as approved by Planning Commission Resolution No. 3541. ITEM EXPLANATION This item is an appeal of a Planning Commission decision to approve a conditional use permit for a cellular antenna facility at Chase Field. The appeal was filed by the Mayor (Exhibit 5) in accordance with the City's policy of allowing the City Council or any Council Member to request a review of a Planning Commission decision. On May 4, 1993, City Council adopted Resolution No. 93-128, authorizing the City Council to execute a lease agreement between the City and U.S. West Cellular, for the development of a Cellular facility at Chase Field, contingent on all required permits. On September 1, 1993 the Planning Commission conducted a public hearing of the U.S. West Cellular project, located generally at Chase Field on the west side of Harding Street between Chestnut Avenue and Palm Avenue. After hearing public testimony the item was continued to October 20, 1993, in order to allow the applicant to redesign the project to address the issues of concern of the community. The Planning Commission approved the redesigned project (4-2) at the October 20, 1993 meeting. The Parks and Recreation Commission recommended approval of the original project at their meeting of April 19, 1993, and recommended (4-2) against the newly redesigned project at their September 20, 1993 meeting, due to neighborhood concerns. The project consists of replacing two existing wooden light standards, near the center of the field, with a 60 foot tall monopole with a cellular antenna platform mounted on top. The lights would be remounted on the new pole. A 360 sq.ft. equipment room housing switching and support equipment for the antenna would be built atop the existing snackbar facility. 360 sq.ft. of new storage area would be built adjacent and south of the existing snackbar. This area would be used by the Carlsbad Youth programs and the Parks and Recreation Department and would allow for the removal of the temporary storage unit located on the northwest corner of Chase Field. An additional 100 sq.ft. block structure would be built at the end of a dugout for additional storage space for field equipment. More detailed information is included in the attached staff report to the Planning Commission. Public testimony is included in the attached Planning Commission minutes dated September 1, 1993 and October 20, 1993. i PAGE 2 OF AGENDA BILL NO. @,t%'f The project has been determined to be exempt from environmental review per Section 15303 of the CEQA Guidelines, which exempts construction of small new equipment facilities. FISCAL IMPACT The proposed lease would result in an annual revenue to the City of $9,600.00. EXHIBITS 1. Planning Commission Resolution No. 3541 2. Location Map 3. Planning Commission Staff Report, dated October 20, 1993 w/ attachments 4. Planning Commission Minutes dated September 1, 1993 & October 20, 1993 5. Letter of Appeal, dated October 21, 1993 6. City Council Resolution No. 93-128 w/attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. PLANNING COMMISSION RESOLUTtON NO. 3541 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCI’ A CELLULAR COMMUNICATIONS FACILITY ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HARDING STREET BETWEEN CHESTNUT AVENUE AND PALM AVENUE IN THE NORTHWEST QUADRANT OF-THE CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 1. CASE NAME: U. S. WEST CELLULAR - CARLSBAD CASE NO: CUP 93-03 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 1st day of September, 1993, the 6th day of October, 1993, and on the 20th day of October, 1993, hold duly noticed public hearings to consider said application on property described as: Lots 1 through 32 of Block 61 of Map 775, in the City of Carlsbad. WHEREAS, at said public hearings, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 93-03. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A> That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP 93-03, based on the following findings and subject to the following conditions: - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fin-: 1. That the requested use is necessary or desirable for the development of the comm.mity by providing additional communication facilities, and by helping fulfill a pal of the Health and Safety Element in optinking organization and delivery of emergency services upon the need, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; That the site for the intended use is adequate in size and shape to accommodate the use; 2. 3. 4. coIlditions: That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. 1. 2. 3. 4. . . . Approval is granted for CUP 93-03, as shown on Exhibit(s) “A” - “F”, dated October 6, 1993, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shah be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to ful!Il the subdivideis agreement to pay the public facilities fee, dated May 31, 1993, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. Approval of this request shah not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. PC RESO NO. 3541 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. This conditional use permit is granted for a period of 5 years. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a signi&ant detrimental affect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public’s health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public’s health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. An exterior lighting plan shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. The applicant shall paint the building a color to the satisfaction of the Utilities and Maintenance Director. Any additional antennas shall mquire an anxmhmt to the Conditional Use Pirmk As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. PC RESO NO. 3541 -3- 13. The applicant (U.S. West Cellular shall enter into an agreement prior to building permit issuance, subject to the satisfaction of the City Attorney and Planning Director that indemnifies and holds ham&s the City from all losses, damages, claims or other liability exposure resulting from this project. 14. In the event of a disaster, if necessary and feasible, the microwave antenna shall be installed within 24 hours. Entieering: 15. The applicant shall secure a right-of-way permit prior to any work in the public right-of-way. PASSED, APPROVED,ANDADOPTED ataregularmeeting ofthe Planning Commission of. the City of Carlsbad, California, held .on the 20th day of October, 1993, by the following vote, to wit: AYES: Commissioners: Betz, Welshons, Savary & Erwin. NOES: Chairman Noble and Commissioner Hall. ABSENT: Commissioner Schlehuber. ABSTAIN: None. BAILEY NOME,--Cl&$&son CAFUBAD PLANNING COMMISSION ATTEST: IV~~H~LJ.#~L~MLLER PLANNINGDIRECTOR PC RESO NO. 3541 -4-. \H ‘L/-J\- % v y ‘. HEDioNDA AaJA L-N - \ 5 U.S. WEST CELLULAR-CARLSBAD 4 city of hrisbad CUP 93-03 a DATE: TO: FROM: SUBJECT: 1. RECOMMENDATION =AFF REPORT OCTOBER20,1993 PLANNING COMMISSION PLANNINGDEPARTMENT APPLrZATION COMPLETE DATE: JULY 9. 1993 STAFF PLANNER: VAN LYNCH d- 0 1 CUP 93-03 - U. S. WEST CELLULAR - CARLSBAD - Request for approval of a Conditional Use Permit to construct a cellular telecommunication facility and storage room on land generally located in Chase Field on the west side of Harding Street between Chestnut Avenue and Palm Avenue in the Open Space Zone in Local Facilities Management Plan Zone 1. That the Planning Commission ADOPT Planning Commission Resolution No. 3541 APPROVING CUP 93-03, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPH ON AND BACKGROUND The applicant, U. S. West Cellular, is requesting approval of a Conditional Use Permit to construct a 360 square foot Cellular Communications Facility, 360 square foot City storage facility and a 60 foot tall monopole antenna located in Chase Field on the west side of Harding Street between Chestnut Avenue and Palm Avenue in the Open Space Zone and in Local Facilities Management Zone 1. This project was continued from the September 1, 1993 Planning Commission meeting because of concerns from the neighborhood. The primary concern was that the new building was using park space for non-park purposes. The applicant has met with the residents to try and resolve their concerns. Consequently, the applicant has revised the project. The new proposal is to locate the U. S. West portion of the facility in a second story addition to the existing snackbar. The area added will be approximately 360 square feet (12 feet by 30 feet) and will house their switch equipment and battery back up. Two air conditioner units will be located under the roof structure for the addition and will not be visible from the outside. Building height will be 22 feet tall to the peak of the roof. - - CUP X3-03 U.S. WEST CELLULAR OCTOBER 20,1993 PAGE 2 The emergency generator will be located in the northwest comer of the existing structure. Prior concerns of noise have been addressed by the new location of the air conditioners and generator. The new proposed storage for the Carlsbad Youth Program will be placed on the south side of the existing snackbar. The new area will be 12 feet by 30 feet (360 square feet), covering the existing 12 foot wide walkway. A new 15 foot walkway will be placed adjacent to the south. The walkway will be reduced to about 9 feet in width near a pine tree to maintain clearance for it’s root structure. The existing light control box, south of the snackbar, will be relocated adjacent to the existing trash enclosure. The project also includes an additional 10 x 10 foot block equipment room which will be built on the west end of the dugout on the third base side of the northern most ball field. This room will house field grooming equipment. The site is currently landscaped with 12 foot to 14 foot tall eucalyptus trees as well as two (2) mature pine trees. Low shrubs screen the snackbar and dugouts. The only landscaping lost with this proposal is roughly 315 square feet of turf area for the new walkway and the existing screening for the electrical pedestal. Additional landscaping is proposed for the Harding Street elevation of the new storage area which will match the existing landscaping. The existing landscaping provides good aesthetic and screening quality for the site. The new storage area will allow the existing temporary metal storage unit, located on the southeast comer of Chestnut Avenue and Jefferson Street to be removed. This storage unit occupies (including surrounding wall), about 450 square feet which will be restored to turf area upon implementation of the project. Two of the existing wooden light standards, in the field viewing area, will be replaced with a freestanding 60-foot tall monopole, with the cellular antenna platform mounted on the top. The radome (fiberglass shields) has been removed to reduce the bulk of the antenna. The four foot wide dish antenna previously proposed will be deleted. The baseball field lights will be placed at the %-foot level. The pole will be painted a light blue color to minimize visual impacts. The new pole location allows for better viewing of the fields because of its placement between fields and away from the bleacher area. The existing wooden poles adjacent to the bleachers obstruct spectator views of the playing fields. Planning Commission had requested an analysis of other sites for the antenna facility in the community. Attached is a Radio Frequency Propagation Study to address the Commission questions regarding locational options for the antenna. At the Parks and Recreation Commission meeting of September 20,1993, the decision was 4-2 against the revised project, because of neighborhood concerns. City Council, on May 4, 1993, approved a 20 year lease with U. S. West Cellular, contingent on approval of a Conditional Use Permit. CUP 93-03 U.S. WEST CELLULAR OCTOBER20,1993 PAGE3 III. ANALYSIS Section 21.42.010(2)(J) of the Carlsbad Municipal code allows quasi-public utility buildings and facilities in all zones, including the O-S zone, with a Conditional Use Permit. Before a Conditional Use Permit can be approved by the Planning Commission, the following findings must be made: “The requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to &sting uses qxxifically permitted in the zone in which the proposed use is located.” The project is desirable because it will provide an additional level of service to the community. The cellular facility will provide additional service to the public as well as other municipal and emergency groups. General public users will benefit from the cell site through personal communications or through the use of the roadside call boxes located on the freeway. There are many public safety and service groups that will benefit from the facility such as the North County Fire Protection District, San Diego County Sheriffs Department, Office of Disaster Preparedness, County of San Diego and the City of Carlsbad itself. Many City department’s already utilize the cellular technology and will benefit from the additional coverage the facility will provide. Since the building is self-supportive, in the event of a local disaster, the facility would provide an important communication need. The facility will not be detrimental to the existing uses on the site. The proposed building will not interfere with any of the recreational activities at Chase Field. The monopole is replacing two existing light standards and the storage building would be replacing a temporary storage facility that already exists on the site. The facility will help Wfill the goal of the Health and Safety Element of the General Plan by helping to “optimize organization and delivery of emergency services upon occurrence...” of any natural or man-made disaster. 2) The site for the intended use is adequate in size and shape to accommodate the use.” The Chase Field facility is 2.75 acres in size and contains three ball fields and other small buildings. There is ample area to adequately locate the proposed building with the existing improvements. 3) “All the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to exkting or permitted future uses in the neighborhood will be provided and maintained. CUP 93-03 U.S. WEST CELLULAR OCTOBER20,1993 PAGE4 The monopole which replaces two wooden light standards will be painted light blue to reduce any visual impacts. The expansion of the existing snackbar will maintain the existing 10 foot setback off Harding Street. The building is to be painted with a graffiti resistant paint and in a light gray color with contrasting trim. The mechanical equipment will be placed inside the roof structure and will not be visible. This should also reduce any noise generated from the units. The site is already landscaped with mature trees, landscaped planters and turf areas and is maintained by the City. 4) ‘The street system serving the proposed use is adequate to properly handle all traffic generated by the pro@ use.” The existing street system is adequate to handle the traffic generated by the use. The anticipated traffic is a once-a-month visit by U. S. West personnel for maintenance and upkeep of the facility. COMMUNrlY COMPATIJ3I.LtlY Considerable opposition to the project was voiced at the September 1, 1993 Planning Commission hearing. Concerns ranged from design issues to questions regarding the project’s compatible existing uses with the long-range goals of the surrounding neighborhood. The applicant has been meeting with neighborhood representatives in order to resolve the design and compatibility issues. The applicant has revised the project in an attempt to address the issues related to design and staff believes that the design issues have generally been resolved. However, as of this date, it is unclear whether widespread neighborhood opposition based on land use compatibility still exists. As noted above in the Analysis Section, the Planning Commission must find that the use is desirable, in harmony with the General Plan and not detrimental to existing uses in the area. It is possible for a project to be designed to resolve architectural issues and the use still not be compatible with existing neighborhood uses and long-range goals. As designed, staff can recommend that the facility is compatible with the park uses and the neighborhood. However, given the Parks and Recreation Commission’s recent action, it is questionable whether the facility is desirable within the park site. V. ENvIRoIvrtmuTALREvIEw The project has been determined to be exempt from environmental review per Section 15303 of the CEQA Guidelines, which exempts construction of small new equipment facilities. CUP 93-03 U.S. WEST CELLULAR OCTOBER20,1993 PAGE5 VI. SUMMARY Since the findings for a Conditional Use Permit can be made, staff recommends that the Planning Commission APPROVE CUP 92-03. ATTACHMENTS 1. Planning Commission Resolution No. 3541 2. Staff Report, dated September 1, 1993 with attachments 3 Radio Frequency Propagation Study, Carlsbad Cell Site Alternatives VLdh:Vd September 17,1993 RADIO FREQUENCY PROPAGATION STUDY CARLSBAD CELL SITE ALTERNATIVES US WEST NewVector Group Written by: Daniel MIieszala/BSEE San Diego Systems Engineer US WEST NEWVECTOR GROUP Data gathered by: Daniel Mieszala Raymond BrunetISan Diego Field Engineer David Murpree/San Diego Optimization Engineer September 28, 1993 US WEST NewVector Croup Carlsbad Cell Site Alternatives Page 1 Purpose The purpose of this report is to provide a brief description of why U S WEST NewVector needs to continue to add cell sites to their cellular system. In addition, this report will demonstrate the need for a cell site in the Carlsbad area. This report will present the technical parameters and specific testing performed while selecting a cell site. Background There are three major factors cellular providers use to determine the need for a cell site. These factors are: coverage, capacity and transition. Each site will involve one or more of the major factors and will have a “trigger” that calls our attention to the need for an additional site. Coverage is the primary concern in cellular systems that are expanding into non- metropolitan areas. Cellular system coverage is determined by line of sight or near line of sight; therefore, coverage is an issue in areas where terrain limits propagation of the radio signal. San Diego is an example of an expanding need for coverage in difficult terrain. Lack of suitable coverage is determined by looking at signal strength in an area and determining if the signal strength is strong enough to process a call properly. A common “trigger” to coverage problems is an increase in customer complaints in reference to a specific area. Capacity is the amount of traffic or the number of calls a cell site can process at one time. It is important that a cell site can process all traffic in a given geographical area. To determine if a cell site is reaching capacity, statistics on channel usage are gathered. The channels allocated to the cellular spectrum are limited; therefore, cellular providers must reuse frequencies at one or more cell sites within a cellular system. The reused frequencies must be placed far apart geographically so a mobile phone can not “see” both cell sites using the same or an adjacent frequency. Frequency reuse limits the number of radio channels that can be placed into each cell site. Thus, once a cell site begins to reach its’ prescribed capacity, US WEST NewVector Croup Carlsbad Cell Site Alternatives Page 2 another cell site using different frequencies must be built and placed into commercial service. The new cell site would share traffic with the origional cell site. Transition cell sites are required when a cell site propagates beyond the designed coverage area resulting in interference to cell sites in other parts of the system. These cell sites are usually high in elevation and usually one of the original cell sites built for the system. Cell sites, lower in elevation, must be built around high elevation cell sites. This build process is designed to duplicate desired coverage until the original cell site can be removed from service. The “trigger” for these kinds of sites is complicated and requires extensive testing and analysis. Objectives The proposed cell site in Carlsbad has three objectives, capacity relief, improved coverage, and a reduced “ping-pong” effect. A brief description of each objective follows. The first objective is capacity relief for the “Encinitas” cell site. This cell site is located in south Carlsbad. “Encinitas” is one of the original cell sites built for the system. Capacity must be increased or calls will be blocked. A blocked call is a call that is not processed through the system. Blocked calls affect all customers including emergency services and “SAFE” call boxes. Channels can not be added to the cell site due to frequency considerations. The second objective is to provide better coverage in the Carlsbad Village area and along Interstate 5 in Carlsbad. These areas require strong signal strength to overcome interference from the Los Angeles cellular system. Interference is especially strong during the summer months and prompts complaints from customers including businesses and public agencies. A strong signal level is needed to reduce interference and provide Carlsbad with an acceptable level of service. The proposed, Carlsbad site must provide cellular coverage along the Interstate 5 corridor north to Mission Blvd. and south to Palomar Airport Road. US WEST NewVector Group Carlsbad Cell Site Alternatives Page 3 The third objective for Carlsbad is to eliminate the “ping-pong” effect in the Buena Vista Lagoon area. The “ping-pong” effect is a situation where a call is “handed off back and forth between two or more cell sites. Weak signal strength from the Oceanside and Encinitas cell sites creates a situation where a call is “handed-off’ to our El Camino Real cell site located east on Highway 78. The El Camino Real cell site is a good service provider for a very short time in the valley; however, service decays rapidly as vehicles leave the valley. An “emergency hand-off’ attempt must be made for the call to stay on the air and if the hand-off is not made, the call is disconnected. The Carlsbad cell site must maintain a strong signal level through the valley to avoid unwanted “hand-offs” to the El Camino Real. Test Description U S WEST NewVector tested four possible sites during our original evaluation of the Carlsbad area in November of 1992. Four additional sites were suggested by the neighborhood planning group and the City of Carlsbad, in September of 1993. Testing of the four additional sites was conducted September 19, 1993 to September 25, 1993. The tests results from September of 1993 were compared with the test results from November of 1992. These results are discussed below. Cellular testing is performed using a mobile telephone and an adjustable height tower. An omni directional antenna is placed on the top of the tower. The tower transmits a signal, equal in all directions, along the horizon. Vehicles with computer controlled test equipment are driven through areas of interest, monitoring cellular service levels and the test transmitter. Information is gathered and stored via computer. The data is transferred to a sophisticated graphics computer that plots the data on to a computer monitor. Data analysis is conducted to evaluate the performance of the sites. In addition, data analysis and evaluation provide a means for comparison with system objectives. -. US WEST NewVector Group Carlsbad Cell Site Alternatives, Page 4 Analysis The following sites were tested, analyzed and evaluated. Carlsbad Village Drive (Vacant Lot Next to the Fire Station). This site was tested with a 65 foot tower. This site provides coverage to Mission Blvd. on the north with approximately the same signal strength as Chase Field. To the south, the signal strength drops off severely at Tamarack Avenue, comes back again for a short while then fades away before Palomar Airport Road. The drop of the signal strength to the south, causes “ping-ponging”, handing back and forth between sites. Coverage onto Highway 78 east bound is limited from this site. This site does not provide the needed capacity relief for Encinitas. Pio Pica (Pocket Park). A 100 foot tower is be required to provide the same signal level as the Carlsbad Village Drive site. This compromises the needed performance from this site. The signal strength to the south drops off to quickly and then rises again creating the “ping-pong” effect. Coverage onto Highway 78 east bound is limited from this site. This site does not provide the needed capacity relief for Encinitas. Pio-Pica (Maintenance Yard). Performance of this site is comparable the Pocket Park site. A 100 foot tower is required to clear the ridge to the south and provide marginal performance in the area. Performance to the north is the same as Chase Park. This site does not meet the capacity relief requirement for the same reason as the fire department site. Coverage onto Highway 78 east bound is limited from this site. Pio-Pica (north end of parking lot next to the community garden). This site requires an 80 foot tower to provide coverage comparable to coverage from the fire station. This site does not meet the capacity relief requirement for the same reason as the fire department site. Coverage to the north is approximately the same as the Chase Park site. Coverage onto Highway 78 east bound is limited from this site. Oak and State Street (Ci@ of Carlsbad maintenance yard). The cellular performance of this site is unacceptable. Coverage to the north and south is limited. Coverage could be US WEST NewVector Group Carlsbad Cell Site Alternatives Page 5 increased by going to an antenna approximately 100 feet tall, but this would cause interference to the rest of system and subject the site to receive interference from the San Diego and Los Angeles systems. Even with a 100 foot tower, drops in signal levels after Tamarack would occur, limiting the capacity relief for Encinitas. Tyler Street IndGstriaZ Area. Much like the city maintenance yard, the coverage to the north and south is extremely limited. Coverage could be improved by going to approximately 100 feet tall, but this would cause interference to the rest of system and subject the site to receive interference from the San Diego and Los Angeles systems. Even with a 100 foot tower, signal strength drops after Tamarack. This drop in signal strength does not provide the needed capacity relief to “Encinitas”: The performance of this site is unacceptable. Office Condominium Building (Chestnut and Interstate 5). This site provides coverage to the south but is extremely limited to the north. Signal levels do not accommodate a “hand-off’ to eastbound Highway 78. Coverage in the downtown Carlsbad area is poor from this site. This site does not meet capacity or coverage requirements. Water Tank (Carlsbad Village Drive at Donna). This site does not provide strong signal levels along Interstate 5 at any point. Coverage to the north is fair but drops off after Tamarack to the south. The signal rises again at Canon which causes the “ping-pong” effect discussed earlier. This site generates interfering signals as far north as the county line and as far south as La Jolla. “Receive interference” from San Diego and Los Angeles harms call quality on the reverse path in the Carlsbad area and along Interstate 5. Water Tank (Skyline Rd). This site does not provide strong signal levels along Interstate 5 at any point. Coverage to the north is limited, dropping of quickly into the Buena Vista Lagoon area. This site generates interfering signals as far north as the county line and as far south as La Jolla. “Receive interference” from San Diego and Los Angeles degrades call quality on the reverse path in the Carlsbad area and along Interstate 5. US WEST NewVector Group Carlsbad Cell Site Alternatives Page 6 The following table summarizes the performance tradeoffs of the perspective sites: Table 1 Coverage Comparisons * Assuming tower height of 100 feet. Summary Due to terrain and coverage requirements, the Chase Field site is uniquely superior to all of the sites tested. Chase Field provides good signal strength to three of the four areas of concern. The terrain of the Carlsbad area provides limited options for continues cellular coverage. The area spans from sea level to three hundred feet going east. To the north and south, gentle ridges rise up and then fall into coastal lagoons. Optimum site placement would be much like the center stage in an amphitheater where all areas are capable of seeing it. 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TA ..“. .. ‘,.>, .: .,. ‘# .e,A,i, I ‘ *. : ‘x t ,“. ,.‘,’ -_ . 11% ‘. .* s. *\ . .,,c J / A,^, ” ‘, ; OFFICE CONDOMINIUM BUILDING (Chestnut & Interstate 5) Signal Coverage Map NORTH No Scrle \ ., -, ,-.- APPLICATION COMPLETE DATE: JULY 9. 1993 STAFF PLANNER: VAN LYNCH DATE: TO: FROM: SUBJECT: SEPTEMBER 1,1993 PLANNING COMMISSION PLANNING DEPARTMENT CUP 93-03 - U. S. WEST CELLULAR - CARLSBAD - Request for approval of a Conditional Use Permit to construct a cellular telecommunication facility and storage room on land generally located in Chase Field on the southeast comer of Chestnut Avenue and Jefferson Street in the Open Space Zone in Local Facilities Management Plan Zone 1. I. RECOMMENDATION SI’AFF REPORT 0 1 That the Planning Commission ADOPT Planning Commission Resolution No. 3541 APPROVING CUP 93-03, based on the fIndings and subject to the conditions contained therein. II. PROJECT D -ON AND BACKGROUND The applicant, U. S. West Cellular, is requesting approval of a Conditional Use Permit to construct a 720 sq. ft. Cellular Communications Facility with a 60 foot tall monopole antenna located in Chase Field on the southeast comer of Chestnut Avenue and Jefferson Street in the Open Space Zone and in Local Facilities Management Zone 1. U. S. West Cellular is one of two cellular carriers in San Diego County, chartered by the California Public Utilities Commission to provide cellular service in the region. Cellular conversations are transmitted through airwaves on radio frequencies, which are regulated by the Federal Communications Commission. Cellular provides alternative phone communications through portable and car phones. A “cell site” refers to an antenna base station and associated equipment. The current cellular system consists of many low- powered antennas, or cell sites, in,a honeycomb pattern of “cells” that blanket the service area. A call from a mobile phone transmits a signal to the closest available cell site. From there the call is routed through the cellular system and/or linked with the land-line phone system. As a caller drives from cell to cell, the call is handed off to the next cell by computer. The cellular system works basically on a line-of-sight basis: the call must be able to “see” the antenna in order to get optimal reception. . CUP 93-03 - U. S. WEST CELLULAR - CARLSBm SEPTEMBER 1, 1993 PAGE 2 - The project consists of replacing one of the wooden light standards for the playing fields with a freestanding 60-foot tall monopole, with the cellular antenna platform mounted on the top. A four foot wide dish antenna will be placed at the %-foot level and the baseball field lights will be replaced at the SO-foot level. A climbing shield will be placed at the 20- foot level. The pole will be painted light gray to minimize visual impacts. A 720 sq. ft. equipment building will be constructed at the northwest comer of Chase Field near the antenna facility. 480 sq. ft. of this building will house support equipment for the facility, which includes battery back-up power and an emergency generator for back-up power in the event of a longer duration power failure. Also included is 240 sq. ft. of area which is reserved for use by the City of Carlsbad. The City’s area is divided into two parts; one for the Carlsbad Youth Baseball Program and the other for the Parks and Recreation Department. This area will replace the 8-foot by 20-foot temporary metal storage unit currently used by the Youth Program and Parks and Recreation Department. The project was recommended for approval by the Parks and Recreation Commission at its April 19, 1993, meeting and the City Council approved a 20 year lease to U. S. West Cellular, contingent on approval of a Conditional Use Permit, on May 4, 1993. III. ANALYSIS Section 21.42.010(2)(J) of the Carlsbad Municipal code allows quasi-public utility buildings and facilities in all zones, including the O-S zone, with a Conditional Use Permit. Before a Conditional Use Permit can be approved by the Planning Commission, the following findings must be made: “Ihe requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to exkting uses specifically permitted in the zone in which the proposed use is located.” The project is desirable because it will provide an additional level of service to the community. The cellular facility will provide additional service to the public as well as other municipal and emergency groups. General public users will benefit from the cell site through personal communications or through the use of the roadside call boxes located on the freeway. There are many public safety and service groups that will benefit from the facility such as the North County Fire Protection District, San Diego County Sheriffs Department, Office of Disaster Preparedness, County of San Diego and the City of Carlsbad itself. Many City department’s already utilize the cellular technology and will benefit with the additional coverage the facility will provide. Since the building is self-supportive, in the event of a local disaster, it would provide an important communication need. CUP 93-03 - U. S. WEST CELLULAR - CARLSBAD SEPTEMBER 1, 1993 PAGE 3 The facility will not be detrimental to the existing uses on the site. The proposed building will not interfere with any of the recreational activities at Chase Field. The monopole is replacing an existing light standard and the building basically replaces a temporary storage facility that already exists on the site. The facility will help fulfill the goal of the Health and Safety Element of the General Plan by helping to “optimize organization and delivery of emergency services upon occurrence...” of any natural or man-made disaster. 2) ‘The site for the intended use is adequate in size and shape to accommodate the use.” The Chase Field facility is 2.75 acres in size and contains three ball fields and other small buildings. There is ample area to adequately locate the proposed building with the existing improvements. 3) “All the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. The monopole which replaces the wooden hght standard will be painted light gray to reduce any visual impacts. The antenna atop the monopole is very similar to the antenna located at Carlsbad High School (which could be referenced to visually compare what the proposed antenna will look like). The 12-foot tall, concrete block equipment building will have a 25foot setback from Jefferson Street and a 27-foot setback from Chestnut Avenue, providing a good setback from the street. The building is “L” shaped and has been oriented to provide fewer areas for persons to hide behind to discourage loitering. The City is requesting the applicant to provide some low intensity lighting to also discourage loitering and vandalism. The building is to be painted with a graffiti resistant paint and in a light g-ray color to match the other existing buildings. There is mechanical equipment on top of the building which will be screened by wooden slats painted to match the building. The site is already landscaped with mature trees, landscaped planters and turf areas and is maintained by the City. 4) The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use.” The existing street system is adequate to handle the traffic generated by the use. The anticipated traffic is a once-a-month visit by U.S West personnel for maintenance and upkeep of the facility. - . CUP 93-03 - U. S. WEST CELLULAR - CARLSBAD SEPTEMBER 1,1993 PAGE 4 Iv. ENWRONMlWTALREVIEVV The project has been determined to be exempt from environmental review per Section 15303 of the CEQA Guidelines, which exempts construction of small new equipment facilities. V. SUMMARY Since the findings for a Conditional Use Permit can be made, staff recommends that the Planning Commission APPROVE CUP 93-03. ATTACHMENTS 1. Planning Commission Resolution No. 3541 2. Background Data Sheet 3. Location Map 5. Disclosure Statement. VL:klU August 2, 1993 - BACKGROUND DATA SHEET - CASE NO: CUP 93-03 CASE NAME: U.S. West Cellular - Carlsbad APPLICANT: U.S. West Cellular of California. Inc. REQUEST AND LOCATION: Construct 720 SQ. ft. cellular communication facilitv on the southeast comer of Chestnut Avenue and Jefferson Street. LEGAL DESCRIPTION: Lots 1 thru 32 of Block 61 of Mau 775. Carlsbad, in the Citv of APN: 204-193-01 Acres 2.75 (Assessois Parcel Number) Proposed No. of Lots/Units - GENERAL PLAN AND ZONING Land Use Designation Continuation School (H.C.) Density Allowed - Density Proposed - Existing Zone OS Proposed Zone OS Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning . Land Use Site OS HC North OS E (Elementary) South R-3 R-M East R-3 R-M-H West R-3 R-M PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent -Dwelling Units (Sewer Capacity) Public Facilities Fee Agreement, dated Mav 31. 1993 ENVIRONMENTAL IMPACT ASSESSMENT - Negative Declaration, issued - Certified Environmental Impact Report, dated Other, Exempt per Section 15303. construction of small new equipment facilities. VL:lCUl DISCLGSLRE ST.4TEMENT At=‘- CA\7’S 3 --:‘:t,+E\- ,F f f” c-=SLRE CF CEWAIN ~WNEqSHlP rNTEPESt3 ON Al.1 APOr:C,&?:C&S fir~ch /gCL JE.=,~ zE 3 sc;c Ckh;rV ACT’ CN th 7-z =AUT CF -tE cm ccL!‘-lcL CR ANY AIJPCINTE~ 80ARO ~C,,,,a,,lSSlCN 3~ c~M+,~~EE Tease ?r .-r) The rcr!owng Information must be disclosed: Apolicant i:st the names and addresses of all persons havmg a financial interest in the application. U.S. West Cellular of CA., Inc. 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. City of Carlsbad 3. If any person identified pursuant to (1) or (2) above is a corporation of partnership, list the names xc addresses of all individuals owning more than 10% of the shares in the corporation or owning any pannersm interest in the U.S. West e artnership. ellular of CA., Inc. is whollv owned bv U.S. West New Vector 4. If any person idorMbd pururrnt to (1) or (2) abovo is a non-prolIt orgmization of a trust, list the names ana addresses of any person serving as offker or director of the non-profit orgurization or as trustee or beneficrary of the trust. 2075 La8 Palm88 Orivo l Cartrbad, Californir 920094859 l (819) 438-116 l - . DisdoSurO Strtemefvt Page 2 m z. Have you had frcfe than 3250 woRh Of busmess transacted with any member of c;ty staff, ?:a::: Czmmlssdons, Cyhmmirtees and Counctl wlthtn the past twelve months? Yes - No xx of yes. please Indicate person(s) j - Orson IO orfinod u: ‘Any Indwduti. firm. cooa~orsk~o. ~omt vonturr. amsoc~rpon. socal club fratomd ~,g~~~b~. ~~~~~~~~~~~ ,st,ta. T,,e,r I w3w,. rynd~cato. rmr and my otnw county. cy ana county. cy mmc~puy. 01rtnn w otnr p01fimi su~dnls,m, o, my otnw sroLO “,, I :omOlnrtlOn rctmg 88 8 um.’ (NOTE: Attach additional pages as necessary.) Sign+0 of Ownwaate Chuck Walden, Facilities Mqmt. City of Carlsbad Print or type nun0 of owner U.S. West ca of CA, Pnrltortypenamedapp~ l FRMoml3 aI90 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 P.M. Date of Meeting: September 1, 1993 Place of Meeting: CITY COUNCIL CHAMBERS CALL TO ORDER: Chairman Noble called the Regular Meeting to order at 6:08 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Commissioner Betz. ROLL CALL: Present: Chairman Noble, Commissioners Betz, Erwin, Hall, Schlehuber, and Welshons Absent: Commissioner Savary Staff Present: Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Van Lynch, Planning Technician II Jeff Gibson, Associate Planner Bobbie Hoder, Senior Management Analyst Karen Hirata, Deputy City Attorney Bob Wojcik, Principal Civil Engineer Mike Smith, Fire Marshal Chuck Walden, Utilities/Maintenance Evan Becker, Director of Housing & Redevelopment Debbie Fountain, Senior Management Analyst COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES: ACTION: Motion by Commissioner Erwin, and duly seconded, to approve the Minutes of the Regular Meeting of August 18, 1993, as submitted. VOTE: 6-O AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Schlehuber, and Welshons NOES: None ABSTAIN:. None PUBLIC HEARINGS: Chairman Noble advised each of the applicants that one Commissioner was absent and that they were entitled to be heard before a full Commission, if desired. Each applicant indicated their wish to go forward tonight. 1. CUP 93-03 - U. S. WEST CELLULAR - CARLSBAD - Request for approval of a Conditional Use Permit to construct a cellular telecommunication facility and storage room on land generally located at Chase Field, on the southeast corner of Chestnut Avenue and Jefferson Street, in the Open Space Zone, in Local Facilities Management Plan Zone 1. MINUTES . PLANNING COMMISSION September 1, 1993 PAGE 2 Van Lynch, Planning Technician II, reviewed the background of the request and stated that the applicant, U. S. West Cellular, is requesting approval of a Conditional Use Permit (CUP) to construct a 720 s.f. cellular telecommunications and storage facility and a 60 ft. tall monopole antenna at Chase Field, generally on the southeast corner of Chestnut Avenue and Jefferson Street. The project consists of replacing one of the wooden light standards for the playing fields with a free standing 60 ft. tail monopole, which has a cellular antenna platform placed on top. A 4 ft. dish antenna would be placed at the 55 ft. level, and the field lights would be replaced at the 50 ft. level. A climbing shield would be placed at the 20 ft. level. A 720 s.f. equipment building would be constructed adjacent to the antenna. Approximately 480 s.f. of this building would house support equipment for the facility. The remaining 240 s.f. is reserved for use by the City of Carlsbad. The City’s area is divided into two parts--one for the Carlsbad Youth Baseball program, and the other for the Parks and Recreation Department. This new storage area will be replacing the8 x 20 ft. temporary storage unit currently used by the youth program and the City’s Parks and Recreation Department. U. S. West has worked with the City’s Utilities and Maintenance Department in choosing the location of the facility. Numerous sites were reviewed and this particular site was chosen because it met the locational criteria for U.S. West and also provided a permanent storage facility at the park. The project was recommended for approval by the Parks and Recreation Commission on April 19, 1993. The City Council subsequently approved a 20 year lease with U. S. West, contingent on the approval of a CUP. The Planning Department recommends approval. Commissioner Erwin requested staff to expand on the exemption from environmental review which is based on CEQA 15303. Mr. Lynch replied that CEQA 15303 allows environmental exemptions for small facilities. Commissioner Hall inquired why this site was chosen over other sites. Mr. Lynch replied that this site was chosen based on technical constraints by U. S. West, which were confirmed by the Utilities and Maintenance Department. Chuck Walden, Facilities Manager, Utilities/Maintenance Department, stated that 5-6 sites were considered throughout the City. The only site which met the engineering requirements for the antenna was located at Chase Field. It was also an opportunity for the City to receive revenue while, at the same time, getting a permanent storage facility to replace the temporary one which has been classified as an eyesore. Chairman Noble invited the applicant to speak. Larry Doherty, Regional Real Estate Manager, U. S. West Cellular of California, Inc., 3785 Sixth Avenue, San Diego, applicant, addressed the Commission and stated that his office originally contacted the Utilities/Maintenance Department to see if it would be possible to locate a site for a facility in Carlsbad. Several sites were considered, including some sites which are City-owned and others which are privately-owned. After the potentially viable sites were identified, U. S. West analyzed the engineering issues and radio frequencies associated with each site. They then tested two sites: (1) the office building directly east of the freeway at Chestnut and Pio Pica; and (2) Chase Field. The most technically superior site was Chase Field. The signal test on the office building at Chestnut and Pio Pica was much weaker and did not provide the proper coverage for the life and safety agencies using U. S. West Cellular services. Mr. Doherty stated that it is entirely possible there is another site somewhere in the City which may be as good as Chase Field, however any other site would probably require a higher antenna, possibly as high as 100 ft. When he discussed the Chase Field site with Utilities/Maintenance, staff felt that the City might benefit by the U. S. West Cellular presence because they would be building a permanent structure which could also be used for storage by Little League and other civic groups. In addition, other City functions would benefit by the rent monies paid by U. S. West Cellular. He was not made aware of the Barrio organization until just recently. Last week, he was able to meet with some of the Barrio representatives MINUTES CORRECTED PLANNING COMMISSION September 1, 1993 PAGE 3 and, as a result of their concerns, U. S. West Cellular has developed an alternate plan which he believes would be more friendly to the neighborhood. Some of the negative comments he has heard are that U. S. West Cellular would be taking away the main picnic area and open space which is used daily for various activities. He felt this was a valid point and, therefore, would like to construct the equipment shelter building as an add-on to the existing snack bar, rather than erecting a separate building that would take away a large portion of picnic area. By adding on to the snack bar structure, the equipment building would be located in an area that does not get as much use. The Sea-Tainer box could also be eliminated which would create additional usable space at the park. U. S. West Cellular would be willing to work with the neighborhood in developing an anti-graffiti program. As an additional consideration, U. S. West Cellular would also be willing to eliminate the microwave dish from the antenna tower and have the telephone connection made through Pacific Bell to the facility. He has proposed these changes to the Barrio representatives but doesn’t know if they have had an opportunity yet to discuss them with all of the neighbors. He hopes the proposed changes will be more acceptable to the neighborhood and if there are other concerns, he would like to hear about them. Mr. Doherty would be willing to accept a 2 week continuance in order to revise the drawings and bring them back to the Commission. Commissioner Erwin stated that he had visited the Pacific Bell site at the high school. Their microwave antenna is located high up on the platform. He would like to know if the hL@hf/tlbf proposed microwave antenna could be moved up to the bonnet and the antenna tower f%f~kVl% reduced. Mr. Doherty replied that the shielded antenna on the platform needs to stay at that elevation. The microwave dish is primarily a luxury. U. S. West Cellular can operate without it by using the telephone connection through Pacific Bell, but it would cost them more. Commissioner Erwin inquired if U. S. West Cellular would also be using omni antenna, similar to the those used at the high school. Mr. Doherty replied that they would not. Commissioner Erwin inquired why the height of antenna would have to be increased at any site other than Chase Field. Mr. Doherty replied that he has discussed this matter in depth with their engineer. There are many physical features in the terrain along the l-5 corridor which block radio signals. If the signal is located on the east side of the freeway, it is not strong enough to provide the coverage that needs to be in place. If they strengthen the signal by turning up the power, it will interfere with other cellular signals in the area. The only other method to get a strong signal would be to raise the tower above the physical constraints of the terrain, so that the signal could pass over the top. Comn%ssioner Erwin inquired about the RF energy being transmitted and if it will have any effect on the children playing in the area. Mr. Doherty replied that the FCC and other agencies have adopted the ANSI standard which is approximately 550 micro watts per centimeter squared. Compared to microwave ovens or CB radios, cellulai transmissions have the smallest impact which only equals one to three percent of the maximum exposure. In effect, the energy stream is almost unreadable. Commissioner Erwin inquired if that l-3% is per call. Mr. Doherty replied that it is per channel. Cellular is basically broadcast on the FM spectrum. It is the same frequency used in television. Commissioner Erwin inquired if there could be any impacts of RF energy to people living in the area. Mr, Doherty replied that there are no impacts. Commissioner Erwin inquired if U. S. West Cellular would be willing to sign a hold harmless agreement to that effect. Mr. Doherty replied that he would have to speak with legal counsel. Commissioner Erwin gave Mr. Doherty some sample hold harmless wording which he can have his attorney review. MINUTES . PLANNING COMMISSION September 1, 1993 PAGE 4 COmIIiSSiOner Erwin inquired if the generator is used only for backup energy in the event of power failure. Mr. Doherty replied that generators are not placed in every facility because all sites have backup battery power for 4-6 hours. The generator sites are carefully chosen based on regional importance, because the generators are expensive. If the battery at a site runs down, and there is a generator, it automatically kicks in. In every recent major catastrophe (Hurricane Andrew, the fires in Oakland, etc.) cellular communications were the only communication in operation. Generators are only needed in case of emergency. They will not be running 24 hours a day and are only tested for 30 minutes once a month. Commissioner Erwin inquired about the lighting of the structure and if there would be reflections across the street. Mr. Doherty replied that the lighting can be shielded so as not to disturb the neighbors. The proposed lighting at this site was recommended by Utilities/Maintenance staff. Commissioner Welshons inquired if U. S. West Cellular considered placing their equipment at Maerkle Dam, east of El Camino Real, where a lot of the cable antennas are located. Mr. Doherty replied that cellular antennas only service a specific radius. Leucadia is served by a different cellular site than Carlsbad. Because a vehicle is moving, it only uses a cellular site for a very short time and then the transmission passes to the next cellular antennae. There are only 26 channels servicing 40,000 subscribers. It would not be feasible to have one cellular antennae for the entire North County Coastal area because one site would be insufficient to handle the heavy transmission load of 40,000 subscribers. Commissioner Welshons inquired if the air conditioners for the cellular equipment emit noise. Mr. Doherty replied that the noise is similar to that of a residential air conditioner. It goes on and off 24 hours a day, depending on the temperature. There are two air conditioners so that if one goes out, the other can kick in and take over. Commissioner Schlehuber inquired if there are other cellular sites in Carlsbad. Chuck Walden, Facilities Manager, replied that there is a site north of Alga Road near the water tanks. Commissioner Schlehuber inquired if there are any residences near the water tanks. Van Lynch, Planning Technician II, replied that there are a few residences nearby but the surrounding area is primarily a nursery and a reservoir. However, he noted that it is not unusual for cellular antennae to be located in a residential area. Commissioner Schlehuber inquired what would happen without an antenna at Chase Field. Mr. Doherty replied that the subscriber would receive a recording stating that the circuits are busy. In other cases, calls could be dropped. As the capacity increases, life and safety agencies begin to suffer from problems. The freeway call boxes would also suffer. If a private customer complains of problems, the emergency agencies are experiencing those same problems. Commissioner Schlehuber inquired if Pacific Bell has cellular facilities in Carlsbad. Mr. Lynch replied that Pacific Bell has a cellular antennae at the high school and another at Squires Dam. Commissioner Betz inquired who would own the structure which U. S. West Cellular proposes to build. Mr. Doherty replied that it would be a permanent facility. When and if U. S. West Cellular leaves, the building becomes the property of the City. Commissioner Betz inquired who would be responsible for maintenance of the building. Mr. Doherty replied that U. S. West Cellular would be responsible for maintenance on their portion of the structure. They would like to work out a joint agreement for graffiti. MINUTES PLANNING COMMISSION September 1, 1993 PAGE 5 Commissioner Erwin inquired if, without the microwave dish, land lines would be used and if they would be sufficient for the public agencies using the system. Mr. Doherty replied that a dish is preferable but they can live without it. It is inconceivable that all land lines would be incapacitated at the same time. Commissioner Erwin inquired if staff agrees with the changes that U. S. West Cellular is proposing. Mr. Lynch replied that he just found out about the changes today. He has not had a chance to review them. Chuck Walden, Facilities Manager, stated that he has reviewed the changes and discussed them with Parks and Recreation. Parks and Recreation feels it would be preferable to have one building rather than two because one would be easier to maintain. Utilities/Maintenance could also support having the equipment building near the snack bar. Chairman Noble inquired what would happen if U. S. West Cellular decides to vacate the site. Mr. Doherty replied that when a tenant builds a permanent addition on a property, it becomes their property until vacated, and then it reverts to the City. The proposed lease is for 20 years. Because technology is moving so rapidly, he doesn’t know what the situation will be in 20 years. It is possible that a different type of antenna may be required by that time. Chairman Noble inquired how loud the generators would be. Mr. Doherty replied that a noise analysis was done and at 10 ft. away, the noise reached 70 decibels. For every foot you move back, the decibels drop off accordingly. This is why they tried to place the equipment building away from residences. Commissioner Erwin asked the applicant if a two week continuance will be enough time to do what needs to be done. Mr. Doherty replied that he is willing to sit down with the neighbors and discuss the alternatives. Two weeks should allow him to do this as well as revise the drawings. Commissioner Welshons suggested that if this item is continued, she would like to see it go back through Parks and Recreation because the building change would be retrofitting the park. The agenda for the Parks and Recreation Commission closes on September 10th and their next meeting is September 20, 1993. She thinks the item would need to be continued to the Planning Commission meeting of October 6, 1993. Chairman Noble opened the public testimony and issued the invitation to speak. Ofelia Escobedo, 1611 James Drive, Carlsbad, addressed the Commission and stated that she and her sisters have a business on the corner of Roosevelt and Walnut, in the middle of the Barrio. They were disappointed to learn that the City had approved a 20 year lease with U. S. West Cellular, contingent on the Planning Commission’s approval of a CUP. She would like the Commission to reconsider and find another site for this project, a site that would not disrupt the Barrio community. A Barrio organization was formed some time ago and is working very hard with City officials to develop a comprehensive plan for the Barrio that would benefit the community at large. They want to make the Barrio a more attractive place to live. Barrio residents feel they have been left out of the loop and the approval of.this lease reflects a lack of sensitivity towards them. The property owners in and around the project area feel it will take away what little is left of their park land. Approval of this project will also distract from the plans the Barrio organization is formulating. They need workable solutions and help from the City to improve the Barrio. She urged the Commission not to approve the project. Commissioner Erwin inquired if she feels this way even after hearing the changes Mr. Doherty has proposed. Ms. Escobedo replied that she has not had time to discuss these changes with the other members of the Barrio organization. Commissioner Erwin inquired if she could accept a continuance. Ms. Escobedo replied that a continuance would enable the other nearby residents to consider the proposed changes. . PLANNING COMMISSION September 1, 1993 PAGE 6 Fern Cramer, 775-B Palm Avenue, Carlsbad, addressed the Commission and stated that her home overlooks Chase Field and part of the Barrio. She would like to preserve the corner area for use by the neighborhood. She is also afraid of the unknown health dangers to children. She would like an independent source to verify the energy output information which Mr. Doherty claims. Ms. Cramer suggested four other sites for the cellular antenna, as follows: (1) in the mini park on Pio Pica which abuts the Shell station; (2) across the street from City Hall on the dirt lot next to the Fire Station where people take their Christmas trees for recycling; (3) at the north end of Pio Pica adjacent to the Parks and Recreation maintenance yard; and (4) across the street, between the City Hall parking lot and Pio Pica. She truly feels that if staff will look a little harder, they can find another site which will please U. S. West Cellular and not cause problems for homeowners. She asked the Planning Commission to be careful, and to remember that 20 years is a very long time. Kathleen Delgado, 370 Redwood Avenue, Carlsbad, addressed the Commission and stated that she is very involved with youth activities. She feels the site is too close to the elementary school. Also, Chase Field has always had a negative image. The Barrio residents have been trying to improve that image. This project would take away valuable open space which is rapidly disappearing. She thinks the residents should be consulted when something like this is proposed for their area. She is not sure the alternate plan is any better than the original one. Chase Field area belongs to the children. She feels this sets a precedent of taking things away from the children for a money-making venture. Cindy Ward, 937 Begonia Court, Carlsbad, addressed the Commission and stated that sometimes things look good on paper but are not good in reality. She has coached Bobby Sox at Chase Field. The area where the proposed building would be located is very crowded. Many times she has had to walk in the street just to get from one field to another. She doesn’t think the area would accommodate a 720 sf. building. She recently built a 750 sf. addition on her property and, although it may sound small, it is quite large, especially when it is built in a small area. Kathleen Apodaca-Marquez, 3429 Jefferson, Carlsbad, addressed the Commission and stated that her living room window looks directly at the park. She is a third generation resident of the Barrio so she is speaking from her heart. After she received notice of the project on August 19, 1993, she took up a petition and quickly got 200 signatures from the community opposing the CUP. There is a lot of community socializing at Chase Field, not to mention the children and their sports. She has been actively working with the youth to eliminate graffiti. She urged the Commission not to sell them out for $9,600. She thinks the U. S. West Cellular proposal is sugar-coated. Their alternate plan only moves things from one side of the park to the other. She is convinced that there are other places in this City where the project can fit without impacting so many people. Furthermore, she has spoken to many other residents who live on Harding Street. They opposed the facility when it was across the park from their home. She is certain they will oppose the alternate plan because the equipment building would be directly across from their home. Commissioner Erwin stated that he had talked to Kathleen yesterday regarding her concerns. He asked her to state, for the record, what happened when the City turned off the water at Chase Field. Ms. Apodaca-Marquez replied that the City cut off the water last year during the drought. When this happened, the surrounding residents carried water in buckets, from their homes, to water the grass. They are still doing it. She also asked to have the water turned back on. Gil Apodaca, 3345 Madison, Carlsbad, addressed the Commission and stated that he is speaking on behalf of his mother, who lives in the Barrio. She opposes granting a CUP to U. S. West Cellular. She is concerned about the night lights shining into adjacent windows. If the batteries go out, the generators will kick in and make a lot of noise. She thinks the satellite dish will stick out like a sore thumb. It will also take away the park area where children and families congregate. She wonders if the antenna could be placed over in the industrial area on Tyler Street. She would like to know if the generators use some type of MINUTES -. CORRECTED PLANNING COMMISSION September 1, 1993 PAGE 7 combustible fuel. Would there be a fence to keep children from getting too close? She is also concerned about the noise from air conditioners every time they turn on. She thinks the engineers should go back to the drawing board and modify the equipment, rather than modify the park to fit the equipment. Commissioner Hall addressed a question to Ms. Escobedo. He inquired if it would be possible during the next two weeks to give the alternate proposal some consideration. He feels it has some merit. The large wooden storage container would be eliminated and free up additional field space; there will be adequate storage space in the new equipment building; and the satellite dish would be eliminated. He thinks he has heard the alternate plan address many of the concerns she brought up. Ms. Escobedo replied that there is a Barrio meeting on Thursday, September 2nd, and maybe it could be discussed then. She is just one person and cannot speak for others. However, she stated that a significant factor in her opposition to the CUP is that she feels the Barrio residents should have been consulted before the City approved the lease. Mr. Doherty, U. S. West Cellular, was given an opportunity for rebuttal. He stated there were many points for him to try and answer. The fuel used in the generators would be diesel fuel. U. S. West Cellular considered a fence but the City did not want one. The air conditioner is a 5 ton capacity, which is the same kind that people use in their homes. It would make noise but would be located at least 50-80 ft. away from the nearest house, so nearby residents should not be bothered. Lights would be directed downward and would not reflect into adjacent homes. As far as alternate sites are concerned, the Tyler Street site is too far west and would not work. On other sites mentioned farther north, it would be difficult to transmit a strong signal without interference. Waves bounce off structures and hills. They have already tried east of the freeway and it didn’t work. West of the freeway looks great. It would provide the service they need. Mr. Doherty stated that he was happy to have had the opportunity to meet Ofelia and Kathleen. They spoke from their heart. He hopes they will have an open mind and work with him, so they can work together. If there is nothing U. S. West Cellular can do to satisfy the neighbors, there is nothing he can do. Commissioner Hall asked if the small park near the Shell station was analyzed. Mr. Doherty replied that their engineers were emphatic that any other site would require a significantly higher tower. Commissioner Hall referred to testing the generator 30 minutes once a month. He inquired under what scenario would the generators run 24 hours per day. Mr. Doherty replied that the power would have to be out 5-6 hours. It would be extremely unusual if SDG&E were not able to restore power within that time frame. If that should happen, it would probably be due to a major catastrophe like an earthquake or something comparable. In that case, generator noise would be the least of anyone’s worries. Commissioner Betz inquired if any consideration had been given to using the school site adjacent to Chase Field. Mr. Doherty replied that he had not discussed it with the school district. If the facility were placed on school property, there would be no need for a CUP. He would get a permit from the State architect’s office and nobody would know about it until it was built. Commissioner Erwin would like the engineers to respond to the pros and cons of each alternative site which was suggested. If public safety is the concern, and the microwave antenna is needed for public safety, why can’t it be done like Pacific Bell has done it at the high school. That microwave antenna is almost invisible. There being no other persons desiring to address the Commission on this topic, Chairman Noble declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Hall wants to make sure he heard correctly, that if the facility were placed on school grounds across the street, it would not be necessary to hold a public hearing or process a permit. Gary MINUTES PLANNING COMMISSION September 1, 1993 PAGE 8 Wayne, Assistant Planning Director, replied that any structures on school property can avoid the City Permit process, assuming the school district gave their permission. Commissioner Schlehuber hopes the neighbors look at the positive side of the project. He thinks the Barrio plan should have some impact. However, he doesn’t think enough study has been done yet. The Barrio residents should be cognizant that the school district might jump at the chance to earn some extra money. There are some advantages in having this at Chase Field because it would provide extra storage and get rid of the wooden shed they are now using. Residents of the Barrio should realize that the Planning Commission has to decide what is best for the entire City and not just the Barrio area. Chairman Noble stated that he could not support the project as proposed. He thinks it is setting a precedent of using park space for other than park purposes. It is possible that the next thing we might see is a McDonald’s in our parks, There is not that much park land left in that area of town. He realizes the project could be moved across the street to school land, and maybe that’s where it should be. ACTION: Motion was made by Commissioner Erwin, and duly seconded, to continue CUP 93-03 to October 6, 1993 to allow time for the applicant to meet with neighbors near the project site and also give staff adequate time to review any revisions to the project resulting from the neighborhood meetings. VOTE: 6-O AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Schlehuber and Welshons NOES: None ABSTAIN: None recessed at 7:36 p.m. and reconvened at 7:47 p.m. Residential Density- adjacent and west of E Jeff Gibson, Associate Planner, reviewed th request and stated that the applicant is requesting approval of a Zone Change, Site , Special Use Permit, and Hillside Development to change the property zoning from L (RD-M), and to construct 344 residential apartment income households, adjacent to and west of El Cam lities Management Plan Zone 21. The project would contain one, two, and three bedroom apartme in size from 634 s.f. to 1,052 s.f. The buildings would be two and three story and have pink would be two recreational areas with pools, an exercise room, a club The project has guest parking and car ports. The property is 21 acres in size developed at a density of 17.6 du’s/ac. This residential density is appropriate, gi adjacent to El Camino Real, which is a prime arterial that has bus service and is volumes of traffic. The site is also located close to the City’s industrial park, whit employees to live close to their work place. Providing higher residential density near large e proposed project and surrounding area. MINUTES Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 P.M. Date of Meeting: October 20,1993 Place of Meeting: CITY COUNCIL CHAMBERS CALL TO ORDER: Chairman Noble called the Regular Meeting to order at 6:lO p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Minutes Clerk Betty Buckner. ROLL CALL: Present: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, and Welshons Absent: Commissioner Schlehuber Staff Present: Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Chris DeCerbo, Senior Planner Van Lynch, Planning Technician II Eric Munoz, Associate Planner Terri Woods, Associate Planner Pat Kelley, Principal Building Inspector Bobbie Hoder, Senior Management Analyst Don Rideout, Senior Management Analyst, Growth Mgmt Karen Hirata, Deputy City Attorney Bob Wojcik, Principal Civil Engineer Chuck Walden, Utilities/Maintenance COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES: Commissioner Savary requested a correction to page 3, paragraph 5, to reflect that Commissioners Erwin and Savary volunteered for the Alcohol and Drug Prevention Task Force meeting on October 22, 1993. ACTION: Motion by Commissioner Erwin, and duly seconded, to approve the Minutes of the Regular Meeting of October 3, 1993, as corrected. VOTE: 6-O AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, and Welshons NOES: None ABSTAIN: None CONTINUED CONSENT CALENDAR: Chairman Noble stated that Agenda item #l would be pulled for discussion. 1. CUP 93-03 - U S. WEST CELLULAR - CARLSBAD - Request for approval of a Conditional Use Permit to construct a cellular telecommunication facility and storage room on land generally located at Chase Field on the west side of Harding Street between Chestnut Avenue and Palm Avenue, in the Open Space Zone, in Local Facilities Management Plan Zone 1. MINUTES . PLANNING COMMISSION October 20, 1993 PAGE 2 Van Lynch, Planning Technician II, reviewed the background of the request and stated that this project was continued from the September 1, 1993 Planning Commission meeting. The applicant has revised the Project to address issues and concerns of the community. The U. S. West portion of the project at Chase Field is to construct a 360 sf. second story addition to the snack bar. The addition will house switch equipment and battery backup for the facility. The emergency generator previously proposed will be IOCated on the ground floor in the northwest corner of the existing snack bar area. The previous plan with two outside air conditioners has been changed to locate the units within the roof area of the new addition. This would mitigate any noise impacts from the prior plan. The antenna is proposed to be located in a more central location of the park and is replacing two light poles rather than one. The light poles currently obstruct walkways and spectator views. The antenna height will remain at 60 ft. but will not be equipped with a 4 ft. microwave dish. U. S. West is also providing an additional 360 s.f. of storage area south of the existing snack bar. This new addition will be attached to the existing building and will provide storage for the snack bar and the Youth Association. This addition will replace the existing Sea Container now used for storage and will allow that space to be returned to turf. Another 10 ft. x 10 ft. storage area will be built at the end of one of the dugouts at the end of the northern-most field to store field maintenance equipment. The object of this building is to keep maintenance equipment from being dragged back and forth across the concrete areas to the other storage area, and keeps all of the maintenance equipment within the field. Mr. Lynch showed a map on the west wall on which was marked in red the four other cellular antennas in the City of Carlsbad. They are located on City properties and rents are paid to the City of Carlsbad. He also referred to two letters which had been received and passed out to Commissioners, one letter dated October 19, 1993 from Captain Zoll of the San Diego Sheriffs Communications Center, and the other letter dated October 20, 1993 from Daniel J. Eberle, Director of the San Diego County off ice of Emergency Services and Disaster Preparedness. Both letters stated that emergency services would benefit by the expanded coverage which the Chase Field facility would provide. Since the findings for a Conditional Use Permit can be made, staff recommends approval of the CUP for U. S. West Cellular at Chase Field, based on the findings and subject to the conditions contained in the staff report. Commissioner Hall requested Mr. Lynch to repeat his statement about the existing light poles. He replied that two existing light poles will come down and would be replaced by the proposed antenna. Commissioner Erwin stated that at the last meeting he had requested a new condition #13 to be added which states that the applicant shall enter into an indemnity agreement, subject to the satisfaction of the City Attorney. He referred to staff memo dated October 20,1993 showing the proposed wording of Condition #13 and stated that it was not his intention to have the Planning Director deleted, but rather to have the City Attorney added. He wants the indemnity agreement to satisfy both the City Attorney and the Planning Director: Furthermore, he would like the words “the operation of” removed from the condition so that it reads, ” . ..exposure resulting from this project.” Deputy City Attorney Hirata stated that this wording was acceptable. Chairman Noble opened the public testimony and issued the invitation to speak. Lawrence R. Doherty, U. S. West Cellular Regional Real Estate Manager, 3785 Sixth Avenue, San Diego, applicant, addressed the Commission and stated that as a result of the suggestions received at the last meeting, several changes had been made to the project. U. S. West Cellular desires to be a good neighbor and they have made every effort to address the concerns of the residents in the vicinity of Chase Field. He reviewed the details on how cellular communications operate and that the cellular site in Encinitas is at capacity and beginning to fail. Mr. Doherty stated that there has always been poor reception from Tamarack to Highway 78 due to the terrain. He stated that U. S. West had tested each of the six sites which had been recommended at the last meeting but none were as effective as Chase Field. He showed a MINUTES PLANNING COMMISSION October 20, 1993 PAGE 3 computer simulation of Chase Field showing the antenna added and the two light poles removed. He stated that he had met with members of the Barrio Association but, even with the major revisions made to the project, he was unable to mitigate all of their concerns. Mr. Doherty stated that U. S. West is anxious to please everyone involved but stressed the fact that the cellular connection is critical for emergency and other communications and should be given strong consideration. Commissioner Erwin inquired if the reference to RF energy in his handout represented total RF or just one channel. Mr. Doherty replied that, to the best of his knowledge, it was for the entire cellular base station. Commissioner Erwin inquired if the microwave antenna is needed during times when emergency communications are needed. Mr. Doherty replied that in the future it may be possible to communicate mobile to mobile. In that case, the microwave dish would not be needed because microwave communications are only effective in a line of sight situation. Microwaves are not very effective in an earthquake because the shaking distorts the line of sight. If a serious regional earthquake were to occur, other measures can be implemented to restore service. Chase Field happens to be an important site for emergency preparedness, which is why a generator will be needed there. Commissioner Erwin inquired what the proposed facility could do standing by itself if the Rose Canyon fault were to become active and land lines were cut between here and somewhere else. Mr. Doherty replied that it would act as a relay between other cellular sites. He cited the Loma Prieta earthquake where Pacific Bell was out of service for 12 hours but cellular service was only out for 34 minutes. Not all cell sites would remain in service during a major disaster, but there is enough redundancy in the cellular system to provide emergency service. During the Loma Prieta earthquake, building inspectors walked San Francisco inspecting buildings. They used cellular phones and fax machines which gave them instant communications. Commissioner Erwin inquired if, in a major disaster, Chase Field could stand alone and act as a relay for emergency communications. Mr. Doherty replied yes, as long as the wire line is not cut. If that is cut, it would require the line to be repaired or a microwave link installed in order for the system to work. Commissioner Erwin inquired how long it would take to install the microwave link in a disaster situation. Cliff Gonsalves, U. S. West Cellular Network Operations Manager, stated that if all cellular sites were on microwave, a major earthquake could stop the system from operating. Therefore, a certain percentage only operate on wire line and a certain percentage only operate on microwave so that during a disaster, there is a good probability that a significant number of cell sites will be operable. It is possible to install a microwave dish and its related equipment within four hours. It is impossible to project how long it would take to replace a wire line. Pacific Tel could take anywhere from l/2 hour to four days. In the event of an emergency, U. S. West Cellular has a warehouse in San Diego already stocked with microwave radios, microwave antennae’s, and towers just sitting there ready for a disaster. They also have a nationwide contingency plan and can readily get other needed equipment flown in from another site. Mr. Gonsalves stated that it would be nice to have microwave at this location but since the residents are so opposed to it, U. S. West Cellular can accept using wire line instead. In an emergency, microwave could be added quickly. Commissioner Erwin inquired if U. S. West Cellular would accept a condition for the microwave. Mr. Gonsalves replied that they had already come to that conclusion. Mr. Doherty stated that U. S. West could not absolutely promise that they would have a microwave link up in running in four hours in an emergency situation. For instance, if it was a very severe situation like the Oakland Freeway collapse in Loma Prieta, he doesn’t know if they could even reach the site, but there are contingency plans to provide service. There are mobile cell sites that can be flown in, if necessary, and they also work together with the other carriers. In the recent floods in the Midwest, their competitor in PLANNING COMMISSION October 20. 1993 PAGE 4 Omaha had their entire switch knocked out. Within a day, U. S. West was routing every one of their competitor’s calls. In a disaster situation, all of the competitors work together to maintain lifesaving communications. Nevertheless, in every recent disaster (Hurricane Andrew, the fires in Oakland, and Loma Prieta, cellular communications have proved to be the most reliable. You might not be able to reach your home on a cellular phone because the line has been cut, but you can reach emergency personnel and emergency personnel can reach each other. Commissioner Erwin was sorry that Mr. Doherty could not provide a computer simulation of the view from Harding Street. Mr. Doherty replied that the pole will be located in the center of the park so there should be little if any impact. Their experience has been that the pole cause some concern when they first go in but soon blend with the skyline and become invisible. Commissioner Welshons inquired what the next step would be if the Chase Field site reaches capacity. Mr. Doherty replied that the first step would probably be to reconfigure the system and probably add another cell site. By 1996, U. S. West will be implementing a new technology called CDMA, which will allow the capacity for a cell site to be increased 1,000 times. At that point, they don’t anticipate adding new ceil sites for capacity, only for coverage issues such as low radio frequencies due to terrain topography. Commissioner Welshons inquired if more antennas could be installed closer together to reduce the height. Mr. Doherty replied that if additional cell sites are needed, they could be added in between. Commissioner Welshons inquired if the antenna were only allowed to the height of the present light poles, could another antenna be installed somewhere to adequately cover the Carlsbad area. It would be possible to install a site in North Carlsbad and one in South Carlsbad but the antennas would have to be 60 ft. tall to cover the area in between because of the terrain topography. Commissioner Welshons inquired if U. S. West Cellular plans to switch to PCN technology in the future. Mr. Doherty replied that the U. S. West Cellular sites become more important with the movement to PCN and they will probably participate in that technology. He cannot foresee the future but felt it was important to note that PCN cannot be used in a moving vehicle. Commissioner Welshons inquired if he could accept a condition for U.‘S. West Cellular to remove the antenna if it becomes obsolete and no longer needed. Chuck Walden, Utilities/Maintenance, stated that the City’s signed lease already contains a condition which gives us the option of having the pole removed. Commissioner Welshons inquired if U. S. West Cellular currently has leases with the’City on other cellular sites. Mr. Doherty replied that they have one lease with the Carlsbad Water District. They also have a cellular site in Encin’itas. The other cellular sites in Carlsbad belong to Pat Tel Cellular. Commissioner Erwin stated that he thinks he heard that the Chase Field site would not be needed in an emergency. Mr. Doherty replied that, to the contrary, this site will be very valuable. However, if the disaster happens to occur in Carlsbad, the surrounding sites would be used to fill the void. Chairman Noble asked about the cellular site near Poinsettia that was supposed to be an ideal location. Mr. Doherty replied that the Poinsettia site belongs to Pat Tel Cellular. U. S. West Cellular has never identified or talked to anyone about a site near Poinsettia. It becomes confusing with two companies and, although the systems operate similar to one another, the engineering philosophy is quite different. Ofelia Escobedo, 3292 Roosevelt, Carlsbad, speaking on behalf of the Barrio Carlsbad Association, addressed the Commission and reviewed the history of Chase Field for the benefit of the Commissioners. Even after meeting with Mr. Doherty and reviewing the changes which are proposed, the Barrio Association still has the same objections to the antenna that they had on September 1 st. They are still concerned that although the planning for this communications facility began about one year ago, the MINUTES PLANNING COMMISSION October 20, 1993 PAGE 5 Barrio Association was only contacted two months ago, which makes the residents in the Barrio feel like second rate citizens. She urged the Commission to disallow the CUP. Fern Cramer, 775 Palm Avenue, Carlsbad, addressed the Commission and stated that she lives across the street from Chase Field. Although the improvements being proposed will be a windfall for Little League, they do not have to live there and look at that antenna every day. She does not feel tlie City should lease Out any part of a public park for a money-making venture. She thinks U. S. West Cellular could probably get the same reception from an antenna at the Senior Center or the Union Church. She submitted a CUSD memo dated September 8, 1993 which states that there is still very little known about EMF and Mrs. Ellen Assletten, a member of the State EMF Task Force, recommends against locating communication retransmission facilities near schools. She hopes the Commission will deny the CUP. Kathie Delgado, 370 Redwood, Carlsbad, addressed the Commission and complemented Mr. Doherty on his excellent presentation. She also appreciated the fact that he had met with the Barrio Association even though he was unable to mitigate the main concern that residents don’t want to look at the antenna or the fact that it is located on the children’s property. She feels there are still many unresolved issues. No one can say if the facility will cause property values to be lowered. The health issues are still unknown. As long as these issues are unresolved, the residents will be concerned. She doesn’t believe that U. S. West Cellular is offering enough incentive to mitigate looking at the antennae. She thought that the light poles at Chase Field would be lower than the antenna but the computer simulations which Mr. Doherty presented showed the antenna shorter. Bob Caputo, 2634 Valewood Avenue, Carlsbad, representing Carlsbad Youth Baseball, addressed the Commission and stated that there are 10 people in the audience from his group who are very much in favor of this project. They have done a lot of research and can see no negative effects. The modifications to the snack bar and storage is a major benefit and is very much needed to support the children’s sports activities. U. S. West Cellular is being very cooperative and providing many improvements to the park. He does not feel it is commercialization since they only want to use the air space above the park. Chase Field serves the entire City of Carlsbad. Carlsbad Youth Baseball turns no one away. Every child who comes gets to play and many kids are on full scholarship. He is sorry to see that this has been a political football. He implored the Commission to approve the CUP without regard to the political issues. The improvements will benefit 800 kids. Commissioner Erwin inquired who operates the snack bar. Mr. Caputo replied that the parents do. It is open during spring softball season. The City does not charge’for utilities. Commissioner Erwin inquired if he would be willing to do some outreach with the Barrio Association. Mr. Caputo replied that he would be very willing to do so. Mario Monroy, 3610 Carlsbad Boulevard, Carlsbad, representing the Northwest Quadrant Task Force, addressed the Commission and stated that they object to the use of Chase Field as a commercial venture. No commercial ventures should be conducted on park lands. In the next five years, every telephone pole will be a cellular transmission center due to the exploding technology. He expects that U. S. Cellular will be back before two years asking to expand again. He cannot believe this is the only site that can be used. If the City charged royalty fees on every cellular transmission, they could lower our property taxes. Kathleen Apodaca Marquez, 3329 Jefferson, Carlsbad, addressed the Commission and stated that she has turned in a petition with over 200 signatures opposing this CUP. The signatures are from residents, Board members, and parents of children who play in Little League. She lives across from Chase Field. She does not want to open her curtains and look at a 60 ft. tower. She works with troubled youth. The youth take pride in the fact that graffiti has stopped in their neighborhood. The Barrio Association is constantly working to improve the area and she can see no benefit that the tower can provide at that location. She hopes the Commissioners will vote No. MINUTES PLANNING COMMISSION October 20, 1993 Andrew Patton, 880 Magnolia, Carlsbad, addressed the Commission and stated that he has met with U. S. West Cellular. They have told him that the antenna could not be put anywhere else because the cost would be prohibitive. If the tower is approved, it will lower property values by as much as $30,000 for those homes adjacent to Chase Field. The property values on Magnolia will probably be reduced by $5,000. He doesn’t want to hurt the kids but he thinks there are other ways for the improvements to be funded. If the parents of the kids who play softball at Chase Field saw their property values reduced by $30,000 the is sure they would yell and scream also. Mr. Patton is against this project. Commissioner Erwin inquired about Mr. Doherty’s statement regarding the cost being prohibitive at any other location. Mr. Patton replied that Mr. Doherty told him it was an economic decision to locate the antenna at Chase Field. Otherwise, they would have to install two separate antennae%. He thinks it is interesting that the City will only receive about $10,000 a year from U. S. West but the reduced property values would reduce the property taxes and probably cost the City at least that much, or more. Commissioner Erwin inquired if he was an appraiser. Mr. Patton replied that he is not an appraiser but he works in the construction industry. His information about the lowered property values came from Lael Dewhurst, a local realtor ~rY/apprA&r. Dr. Sandy Parsons, 3575 Roosevelt Street, Carlsbad, a professor in education and educational technology, addressed the Commission and stated that she contests Mr. Caputo’s testimony that this all boils down to hurt feelings. She lives in the Barrio, runs and walks in the Barrio with her dog and the children. It is very rich in historic culture and architecture. Of all the testimony she has heard tonight, two issues have been left out--that of ethics and principle. The aesthetics and health issues are very questionable. Although Mr. Doherty pointed out that there is no peer reviewed research proving any health hazard by these antennae’s, she would like to state that there is also no peer reviewed clinical research that they are not a health hazard. The effects of cellular technology is currently being researched and it is still to soon for conclusive results to be available. She thinks that the City should show support to its citizens. As a resident of the Barrio, she thinks it is important for the Commission to listen to the people who live there, work there, and play there. The area around Chase Field is not a ghost town just because the people who play softball go home when their game is over. She intends to buy property in the Barrio and it is a very important issue how Carlsbad’s Commissioners listen to its citizenry. She just cannot believe that this antenna cannot be moved three or four blocks to City Hall property. It would still bring revenue to Carlsbad and it would meet U. S. West Cellular’s business goals. But most of all, it would appease the citizens who live in the area and who do not want the antenna outside their front window where their children play. She implored the Commission to disapprove the facility. Michael Newman, representing Safe Rides, which is funded by the Boy Scouts of America, addressed the Commission and stated that he came to the meeting at the request of Larry Doherty. U. S. West Cellular has been an active leader in their organization by providing phones and financial support. Furthermore, for the last eight years he has lived below the towers at Cowles Mountain. Not only has he never heard anyone talk about them, he doesn’t believe they have affected the neighborhood in any way. Commissioner Erwin requested Mr. Newman to explain the purpose of the Safe Rides organization. He replied that it is a program for high school students which operates from 1O:OO p.m. to 2:00 a.m., on Friday and Saturday nights. High school kids man phones and they are called by kids who need a safe ride home, whether it be a girl in a date rape situation, kids who have become stranded, or kids who find themselves with an’ intoxicated driver. Drivers are dispatched to pick them up. The drivers are equipped with U. S. West Cellular phones so they can keep in contact with the base station. His purpose for being here tonight is to state that U. S. West Cellular is an active member of the communities they serve and he is sure that it won’t be long before they find a way to become active in the Carlsbad Barrio as well. Commissioner Welshons inquired if he has experienced the loss of transmission in parts of Carlsbad. Mr. Newman replied that it happens frequently. PLANNING COMMlSSlON October 20,1993 PAGE 7 Bob Biletz, past President of the Carlsbad Girls Softball Association, addressed the Commission and stated that he has first-hand information on the cost of running a Little League operation. Girls Bobby Sox used to play at Chase Field until Calavera Park was built. He is also a U. S. West employee and he has experienced many problems with phone transmissions in Carlsbad. He thinks that the antenna will be practically invisible. Furthermore, the beautiful new snack bar will conceal all of the equipment and will certainly be an improvement over what is there now. He does not think the property values will be reduced. Chase Field supports the entire community and not just the Barrio. He thinks the needs of all the children need to be given consideration. Gil Apodaca, 3345 Madison, Carlsbad, addressed the Commission and stated that this facility will not benefit the Barrio in any way and they don’t want it in their neighborhood. He thinks that the City of Carlsbad already has a disaster preparedness plan which will certainly provide for communications in the event of an emergency. He believes that the Barrio is being sold out for $10,000. He thinks the City needs to be more concerned about the quality of life for Barrio residents. When Mr. Doherty met with the Barrio Association, he discussed what was good for his corporation, not what was good for the Barrio community. Chase Field was built for youth recreation and not as a money-making venture. He thinks that residents of the Barrio should have some say in what happens in their community. They pay property taxes just like every other property owner. If the tower were proposed for a more affluent area, he is sure it would be turned down. Chuck Canada, 4502 Sierra Morena, Carlsbad, addressed the Commission and stated that he is a Sr. Project Coordinator and Sr. Estimator for a project development company and has more than 20 years experience in this field. He is also the manager of a Carlsbad Youth team. He believes this is a very well designed project with very low impacts on the community. He has been involved in the construction of six microwave towers this past year and most of them have been extremely ugly. He wouldn’t mind having the proposed facility in his back yard. John Jones, 3344 State Street, Carlsbad, addressed the Commission and stated that PCN technology is available today and he knows that it can be used in cars, however it will require that antennas be located closer together. Mr. Jones stated that in Mr. Doherty’s presentation, he alluded to interference from Los Angeles. Mr. Jones thinks that interference will only get worse if this antenna is built. The police and fire departments in Carlsbad already have set-asides for communications in the event of a disaster and this proposed facility is not necessary for emergency communications. Mr. Jones stated that he has friends in the Barrio. He lives in the Barrio as well, and is proud of it. He agrees with other residents of the Barrio and he does not want the antenna either. There being no other persons desiring to address the Commission on this topic, Chairman Noble declared the public testimony closed and opened the item for discussion among the Commission members. Chairman Noble allowed Mr. Doherty to rebut the public testimony. He stated that: * Commercialization of the park - Cellular communications are a public utility regulated by the PUC. The City has granted CUP’s to Pat Tel Cellular on other park lands. U. S. West Cellular is not unique. . Replace the Chase Field site with two antennas elsewhere - Each cellular site costs approximately $500,000 and it would not be economically feasible to have two facilities elsewhere. * Placement of the tower near the Barrio - U. S. West Cellular does not look for distressed neighborhoods to locate cellular antennae’s. They currently have cellular sites on Soledad Mountain, in the heart of La Jolla, and in Ranch0 Bernardo. * Peer review as to health effects - It is impossible to prove negative effects. MINUTES . CORRECTED PLANNING COMMISSION October 20, 1993 PAGE 8 * Discussion at Barrio meeting only dealt with what was good for U. S. West Cellular - Mr. Doherty stated that he was not directed to meet with the Barrio Association. He chose to sit down with them to discuss their differences and see what else he could do to assist the neighborhood. U. S. West Cellular has been in Carlsbad a long time and they underwrite many charitable events. They want to be a good neighbor. Commissioner Erwin inquired about the possibility of putting in two antennas rather than one. Mr. Doherty replied that it would cost another half million dollars and both antennas would have to be 60 ft. high or taller due to the physical constraints of the terrain. Commissioner Erwin inquired if more sites will be needed later to accommodate future expansion. Mr. Doherty replied that CDMA will be completed in 1996 which will increase the capability of the existing cellular sites .by 1 ,OOO%. PCN looks great because it eliminates wire lines and telephone poles, but it requires a lot of antennae%. Commissioner Erwin asked Mr. Doherty to speak to the devaluation of property. He replied that he has had appraisals done in areas where facilities were built and there have not been any properties devalued as the result of a cellular antennae. Commissioner Savary inquired about Ms. Delgado’s remark concerning the loss of park space. Mr. Lynch replied that the current proposal is to locate U. S. West’s equipment on top of the snack area and not out in the turf area. The building at the south end of the field is for the Youth Association and it will eliminate the existing Sea Container resulting in approximately 400 s.f. being returned to turf. Commissioner Savary inquired how the additional turf area could be used. Mr. Lynch replied that it could be used as a picnic or other recreational area. Commissioner Erwin stated that a decision either way will be difficult. He is sorry that the decision is being viewed as one of respect vs. non-respect rather than the real issue of whether the facility will benefit the community or hurt the community. He sees the benefit as the emergency contingency and two light poles being replaced by one antennae. He agrees that it could be unsightly but he feels that U. S. West Cellular has made every effort to correct that problem. He will vote in favor of the CUP because, overall, ‘it will serve the entire community of Carlsbad, including the Barrio. He noted that ff’rf!~~~/fiff~I a cellular antenna Site is located just bn&bK?5bCR down the street from the Mayor’s home ~~llma$/~~b~~~/~~~~b~~~ fb~lmelM~6r. Commissioner Betz stated that she echoes Commissioner Erwin’s comments. She lives in the same neighborhood as Mayor Lewis. The cellular antenna is not attractive but she does not recall any neighborhood dissension when it was installed. She feels the antenna at Chase Field is necessary to fill a gap and that it will benefit the entire community. Commissioner Welshons stated that she spent a lot of time studying the issues in order to make a fair decision. If it were strictly a commercial venture, she would have no trouble making a decision. However, it is not a simple yes or no. The municipal code states that public facilities are permitted in any zone and this antenna qualifies as a quasi-public facility. There are other commercial ventures on public land. Stagecoach Park is in the process of building a batting cage. The Parks & Recreation element encourages private enterprise to help offset park maintenance costs.. In this case it looks as though the cart came before the horse. In reaching her conclusion, she had to look at what was best for Carlsbad as a whole.’ She finds the use compatible and appropriate for the community. Commissioner Savary stated that she agrees with the comments made by Commissioners Erwin, Betz, and Welshons. She will support the CUP. MINUTES PLANNING COMMISSION October 20, 1993 PAGE 9 Commissioner Hall stated that the dissension stems from the fact that the Barrio does not feel they have been treated fairly. He moved to Carlsbad in 1970 and lived in the Barrio for 2-3 years. He has owned property in the Barrio for over 20 years and has been involved in decisions concerning the Barrio for approximately 15 of those years. He thinks they have always been given a fair chance and he has always made every effort to listen to their concerns. In this case, he thinks the residents just don’t want this in their neighborhood. He supports their view. Chairman Noble agrees with the necessity of having cellular phones but he does not need a meeting to convince him that this is the most logical and best place to place the antennae. He thinks it is an abomination to take park land and use it for any other purpose. He cannot support the staff recommendation. ACTION: Motion was made by Commissioner Erwin, and duly seconded, to adopt Planning Commission Resolution No. 3541 approving CUP 93-03, based on the findings and subject to the conditions contained therein, with the amendment to Condition #13 stated earlier, and a new condition which states that if necessary and feasible during an emergency, a microwave antenna shall be installed within 24 hours as needed. VOTE: 4-2 AYES: Commissioners Betz, Erwin, Savary, and Welshons NOES: Chairman Noble, Commissioner Hall ABSTAIN: None Chairman Noble advised those in attendance that some decisions by the Planning Commission are final but can be appealed to the City Council within 10 days of this hearing. ommission recessed at 8:25 p.m. and reconvened at 8:33 p.m. - Request for approval of an a financing plan and Don Rideout, Senior Management received a letter from the Carlsbad that they are concerned about imp and the school district, he feels the Zone 24 applicant to work something out with CUSD. he background of the request and stated that staff trict (CUSD) dated October 19, 1993 which states istrict. Since this is a matter between the applicant nt should be continued for one month to allow the Mr. Rideout replied that he doesn’t Commissioner Hall inquired that since this is a financial issue, he wo to know what role the Planning Commission has in it. It is his understanding that the City determinations. We might be able to save them some time. Mr. Rid are some very complex and conflicting legal opinions regarding the school debate. Rather t lanning Commission getting embroiled in the issue, staff feels it would be prudent to wait a month until resolve themselves. Commissioner Welshons inquired if anyone was in attendance from the school district. No pers forward. Mr. Rideout stated that he did not see anyone from CUSD in the gallery. OCTOBER 21,1993 TO: CITY CLERK FROM: Mayor Lewis APPEAL OF PLANNING COMMISSION DECISION ON CUP 93-03 On October 20, 1993, the Planning Commission adopted Resolution No. 3541 approving Conditional Use Permit 93-03 for a cellular antenna at Chase Field. I hereby request that this decision be appealed and scheduled for review and consideration by the City Council. I believe the City Council needs to review the appropriateness and compatibility of this use at the proposed location given the objections voiced by residents in the nearby neighborhood. arb Exhibit 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I.5 16 17 18 19 20 21 22 23 24 25 26 27 ’ 28 RESOLUTION NO. 93-128 A RESOLUTION OF THE CITY COUNCIL OF THE CRY OF CARLSBAD, CALIFORNIA APPROVING THE LEASE AGREEMENT WITH US WEST CELLULAR OF CALIFORNIA, INC. FOR A CELLULAR SITE AT CHASE FIELD WHEREAS, US WEST CELLULAR requested permission to lease approximately 2,700 square feet of space at Chase Field to construct a cellular telephone site; and WHEREAS, the City Council of the City of Carlsbad, California, has determined that approval of the lease agreement would benefit the City by receiving annual revenues of $9,600.00 and result in the addition of a permanent storage facility at Chase Field at no cost to the City; and WHEREAS, the Parks & Recreation Commission recommended approval of the proposed lease agreement with US West Cellular at its April 19, 1993 meeting, , NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California as follows: /J/J/J /J/l/J /JfiJJ I///// I///// 1. 2. 3. 4. That the above recitations are true and correct. That the Lease Agreement between the City of Carlsbad and US West Cellular of California, Inc., attached hereto as Exhibit 3, is hereby approved. That said lease is contingent upon US West Cellular obtaining all required governmental approvals. That the Mayor is hereby authorized to sign the lease agreement on behalf of the city. lll1ll Illill JIJIIJ i///// I///// . 1 2 3 4 5 6 7 8 9 10 11 1% 12 14 15 1E 17 1E 1s 2c 21 2: 2: 24 25 26 2: 2E i c i i I 1 ’ I I PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City If Carlsbad, California, on the 4th day of MAY , 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ‘4TTEST: (SEAL) ., EXHIBIT 3 _. . _/ _. ‘.-- -- - I r-i-r SDG CARLSBAD LEASE AGREEMENT This Agreement, made , 1992, between CITY OF CARLSBAD, hereinafter referred to as “LESSOR”, and US WEST CELLULAR OF CALIFORNIA INC., 3350 161st Avenue Southeast, P. 0. Box 9 12 11, Bellevue, Washington 98009-22 11 hereinafter referred to as “TENANT”, RECITALS 1. LESSOR is the owner of certain real property located in Citv of Carlsbad, County of San Diego, State of California, and; 2. TENANT desires to lease a portion of said real property, the leased portion of which shall be hereinafter referred to as “Property”, including rights-of-way and easements for ingress, egress and utilities theieto, containing approximately 2700 square feet, described on Exhibit “A”, and its subparts, attached hereto and incorporated herein by this reference. , LEASE AGREEMENT 1. LESSOR hereby lea&s to TENANT that certain parcel of property (hereina& “Property”) containing square feet situated on Assessor’s Parcel Number 204-l 9-193, City of Carlsbad, County of San Dieno, State of California, together with the non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, cables, conduits, and pipes over, under, or along a twenty (20) foot wide right-of-way and easement extending fiorh the nearest public right-&way Chestnut Avenue to the demised premises. LESSOR agrees, without delay, to execute any such e8sc?~llf documents as may be required by any and all utility companies in connection with TENANT’S use of said Property. Said Property, right-of-way and easement for ingress, egress and utilities are described herein in Exhibit “A”, and its subparts, attached hereto and made a part hereof by this reference. 2. LESSOR also hereby grants to TENANT the right to obtain metes and bounds legal description and/or a survey of said Property, and said metes and bounds legal description and/or survey shall then become Exhibit “B” which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and -l- - -Exhibit “A”, and its subparts. Cost of such work shah be paid by TENANT. 3. This Agreement shall be for an initial term of five (5) years, commencing upon written notification by TENANT’ to LESSOR of TENANT’S receipt of all governmental annrovals (the “Commencement Date”), at an annual rental of Nine Thousand Six Hundred Dollars ($9.600.00) to be paid in equal monthly instaJ]ments on the first day of each month, in advance, to City of Carlsbad or to such other person, firm, or place as the LESSOR may, From time to time, designate in writing at least thirty (30) days in advance of any rental payment date. 4. TENANT shall have the right to extend this lease for two (21 additional five (5) year terms by giving the LESSOR written notice of its intention to do so at least six (6) months prior to the end of the then current term. (a). extension) uoon written aonroval bv both TENANT and LESSOR. TENANT shall provide LESSOR written notice of TENANT’S reauest for said additional term at least twelve (12) months prior to the end of the then current term. LESSOR shall provide to TENANT written approval or disaDDrovd for said reouested additional term within two (2) months of the receint of TENANTS written request for said additional term. 5. The annual rental for the first five (5) year extension term shall be increased to Emrt~ Dollars ($11.040.00); the second (2nd) five (5) year extension term shall be increased to Twelve Thousand Six Hundred Ninetv Six Dollars ($ 12.696.00); the third (3rd) five (5) year extension term shall be increased to Fourteen Thousand Six Hundred Dollars ($14.600.00); and the fourth (4th) five (5) year extension term shall be increased to Sixteen Thousand Seven Hundred Ninety Dollars ($16.790.00). 6. If, at the end of the fourth (4th) five (5) year extension term, this Agreement has not been terminated by either party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms, and conditions, and at the rental specified for the f&th (4th) five (5) year extension term, for a f%her term of one (1) year and for annual terms thereafter until t-ted by either party giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of such term. 7. TENANT shall use the Property for the purpose of constructing, maintaining, and operating a Mobile Communications Facility and uses incidental thereto, consisting of one (I) building of approximately 432 square feet and one (1) antenna structure of approximately 70 feet in height, including cellular antennas, link antennas and all necessary connecting waveguide and appurtenances. The contents of said building shall include, without -2- -limitation, radio transmission and computer equipment, and emergency battery and generator equipment. A security fence consisting of chain link construction or similar, but comparable, construction may be placed around the perimeter of the Property (not including the access easement). All improvements shall be at the TENANT’S expense. TENANT shall maintain the Property in reasonable condition. It is understood and agreed that TENANTS ability to use the Property is contingent upon its obtaining, after the execution date of this Agreement, all the certificates, permits, and other approvals that may be required by any federal, state, or local authorities. LESSOR shall cooperate with TENANT in its efforts to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by TENANT. In the event that any of such applications should be finally rejected or any certificate, permit, license, or approval issued to TENANT is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that TENANT, in its sole discretion, will be unable to use that Property for its intended purposes, TENANT shall have the right to terminate this Agreement. Said termination right shall also apply in the event that TENANT is otherwise, within its sole discretion, precluded from using the Property for its intended purpose. Notice of the TENANT’S exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and Shall be effective upon receipt of such notice by the LESSOR as evidenced by the return receipt. All rentals paid for the lease of the Property to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall become null and void and all the parties shall have no tirther obligations, including the payment of money, to each other. (a). In addition to TENANT’S described Mobile Communications Facilities. TENANT shall construct, at TENANT’S expense. for the sole use bv the LESSOR or other ~artv or narties which LESSOR mav designate for time to time. one (11 buildinn of apnroximately 240 souare feet. Construction of said building shall be similar in apnearance to the exi ’ -locatedon pronertv and shall be constructed with adeauate electrical wiring and fixtures. and shall ti be constructed with anv nlumbina facilities or fixtures. All necessary certificates. permits, and other annrovals that mav be reauired bv anv federal. state. or local authorities shall be the resnonsibility of TENANT. (bb). From time to time durina the term of the lease as set forth in this agreement. LESSOR may. at LESSOR’S sole expense. reouire TENANT to relocate TENANTS described Mobile Communications Facilities pursuant to this agreement to another location on the LESSORS nronertv within the same aeograuhical. LESSOR _ shall provide TENANT with (1) building of auuroximatelv 432 sauare feet and similar suace for the relocation one (I ) antenna structure of anuroximatelv 70 feet in height. including cellular antennas. link antennas and all necessary connecting wave&de and aonurtenances. 8. TENANT shall indemnify and hold LESSOR harmless against any claim of liability or loss from personal injury or property damage resulting Corn or arising out of the use and occupancy of the Property by the TENANT, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of the LESSOR, its servants or agents. 9. TENANT shall procure and maintain for the duration of the contract. insurance against claims for iniuries to uersons or damage to urouertv which mav arise from or in connection with the uerformance of the work hereunder bv the TENANT . his agents. representatives. employees or subcontractors. Said insurance shall meet the LESSOR’S uolicv for insurance as stated in Resolution No. 91-403. (a). and minimum limits indicated herein: 1. Comnrehensive General Liabilitv Insurance: $1 .OOO.OOO.OO combined single limit uer occurrence for bodilv iniurv and urouertv damage. If the uolicy has an ansrreeate limit. a seuarate aggregate in the amounts snecified shall be established for the risks for which the Li 10. TENANT will be responsible for all utilities required by its use of the Property. TENANT shall pay any real estate taxes levied against Property and the improvements constructed thereon by TENANT. 11. TENANT, upon termination of this Agreement, shall, within a reasonable period, remove its personal property and fixtures and restore the Property to its original condition, reasonable wear and tear excepted. If such time for removal causu TENANT to remain on the Property after termination of this Agreement, TENANT shall pay rent at the then w monthly rate or the existing monthly pro-rata basis if based on a longer payment term until such time as the removal of personal property and fixtures is completed. At LESSOR’S oution when this Agreement is terminated. and upon LESSOR’S advance written notice to TENANT. TENANT will leave the foundation. building(s) and securitv fence to become the propertv of LESSOR or at the discretion of the LESSOR shall be removed bv TENANT. 4 (a). TENANT agrees to deposit with LESSOR at least ten (IO) davs urior to the commencement of this Lease. either Ten Thousand Dollars ($10.000.00) cash deposit to be held in trust. in an interest bearing account, or a oerformance bond in the amount of Ten Thousand Dollars ($10.000.00) for the ournose of securing the demolition of the buildinn and removal of the antenna structure as urovided herein. Said bond shall be made pavable to the Citv of Carlsbad. and shall be in force durina the entire term of this lease or extension there of. The performance “Itd until ninetv (90) davs after the Director. Utilities and Maintenance of the Citv of Carlsbad. shall have received written notice of such cancellation or reduction. The notice shall be sent bv certified or registered mail. and shall be deemed effective the date delivered to said Director. as evidenced bv uronerly validated return receipt. 12. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property (the Property to include only the parcel leased hereunder) to a purchaser other than TENANT, hch sale shall be under and subject to this Agreement and TENANTS right hereunder, and any sale by the LESSOR of the portion of the LESSOR’S property underlying any and all rights-of-way and easements for ingress, egress and utilities herein granted shall be under and subject to the right of the TENANT in and to such rights-of-way and easements. 13. LESSOR covenants that TENANT, on paying the rent and performing the covenants by it herein made, shall and may peacefitlly and quietly have, hold, and enjoy the leased Property. 14. LESSOR covenants that LESSOR is seized of good and sufficient title and interest in the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments, or impedimcmts of title on the Property. 15. It is hereby mutually agreed and understood that this Agreement contains all agreements, promises, and understandings between the LESSOR and TENANT and that no verbal or oral agreements, promises, or understandings shall or will be binding upon either the LESSOR or TENANT in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless in writing and signed by the parties hereto. 16. This Lease Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California. 17. This Agreement may not be sold, assigned, or transferred at any time by TENANT except to TENANT’S affiliates or subsidiaries. As to other parties, this Agreement may not be sold, assigned, or transferred without the written consent of the LESSOR such consent not to be unreasonably withheld. 18. In the event that either party hereto shall institute suit to enforce any rights hereunder, the prevailing party shall be entitled to recover court costs and a reasonable attorney’s fee. Upon appeal, the prevailing party shall be entitled to recovery of court costs and reasonable attorneys’ fees incurred as a result of such appeal. 19. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): TENANT: fi 33 50 16 1 st Avenue Southeast P. 0. Box 91211 Bellevue, Washington 98009-22 11 Attn: Real Estate Department LESSOR: Citv of Carlsbad Utilities and Maintenance Director 405 Oak Avenue Carlsbad, California 92008 Telephone: 619-438-7753 20. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 21. At LESSOR’S option, this Agreement shall be subordinate to any mortgage by LESSOR which, from time to time, may encumber alI or part of the Property and any or all Rights-of-Way and easements thereto; provided, however, every such mortgage shall recognize the validity of this Agreement in the event of a foreclosure of LESSORS interest and also TENANT’S right to remain in occupancy of and have access to the Property as long as TENANT is not in default of this Agreement. TENANT shall execute whatever instruments may reasonably be required to evidence this subordination clause. If the Property is presently encumbered by one or more mortgages, -LESSOR will provide TENANT with a Non-Disturbance Agreement in recordable form for each such mortgage. 22. LESSEE shall indemnify, defend and hold LESSOR harmless from and against any claim, cost, expense (including reasonable attorney’s and consultant’s fees), damage, penalty, or liability imposed upon LESSOR resulting from the treatment, storage, generation, release or disposal of any substance by LESSEE, its agents, contractors or employees, on, under, in, or about the Property which substance is designated as hazardous, dangerous, toxic, or harmful and/or subject to regulation under federal, state or local law, regulation or ordinance (“Hazardous Substances”). 23. The rights and obligations ofthe parties as set forth in paragraph number 22 shall survive the termination of this agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and atIixed their respective seals the day and year first above written. LESSOR: City of Carlsbad By: Its: SS # or Taxpayer ID# TENANT: US West Cellular of California, Inc. -7. State of California county of Oil personally appeared before me, (here insert name and title of officer) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instument and acknowledged to me that he/sheIthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. WITNESS my official hand and seal. Signature (Seal) State of California County of On personally appeared before me, (here insert name and title of officer) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Mfe subscribed to the within instument and acknowledged to me that he/she/they executed the S(UIW In h&/her/their authorized capacity(tes), and that by his/her/their signature(s) on the instument the ms), or the entity upon behalf of which person(s) acted, executed the instrument. WITNESS my official hand and seal. Signature (Seal) EXHIBIT “A” PAGE 1 of 2 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DlEGO AND IS DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 32, INCLUSIVE IN BLOCK 61 OF CARLSBAD, l-N THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED TN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2,1887. TOGETHER WITH ALL THE ALLEY LYING WITHIN SAID BLOCK 61 AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION RECORDED APRIL 18, 1930 I-N BOOK 1755, PAGE 287 OF DEEDS. ALSO TOGETHER W-TM-I THE SOUTHEASTERLY HALF OF CHESTNUT AVENUE ADJACENT TO AND ADJOINING THE NORTHWESTERLY LINE OF SAID BLOCK 61, AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 265, RECORDED JUNE 24,2957 IN BOOK 6633, PAGE 230 OF OFFICIAL RECORDS. EXHIBIT “A-l” Assessor’s Parcel No. 204-19-193 PALM AVENUE Page 2 of 2 / t I I 8 # ! I I , , ! 8 , I I 0 , f 0 I , I I I I I I 8 1 I I I I I 0 , I I I , I 0 I I # 0 , I 0 0 4 I 6 I CHESTNUT AVENUE TELEPHONE (619) 434-2606 DATE: 10/26/93 TO: Bobbie Hoder FROM: Karen'Kundtz RE: CUP 93-3 - U.S. West Cellular THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. ---------------------------------------------------------------------------- The appeal of the above matter should be scheduled for the City Council Meeting of . Signature Date 20 August 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLULAR TELE- COMMUNICATION FACILITY AT CHASE FIELD. WE FEEL THAT IT WOULD BE DETRIMENTAL TO THE COMMUNITY. OUR BARRIO CARLSBAD ASSOCIATION IS IN THE PROCESS OF WORKING WITH CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. ONE OF OUR REQUESTS WAS THAT CITY WAIT UNTIL WE HAVE A PLAN BEFORE ALLOWING NON CONFORMING UNITS IN THE AREA. NAME ADDRESS TELEPHONE August 26, 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLUmR TELECOMMUNICATION FACILITY AT CHASE FIELD. WE FEEL THAT IT WOULD BE DETRIMENTAL, TO THE COMMUNITY. OUR BARRIO CARTSBAD ASSOCIATION IS IN THE PROCESS OF WOR- KING WITH THE CITY STAFF, PU'ITING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. c)ti OF OUR REQUESTsWAS THAT CITY WAIT'UhJTIL WE HA'VE': A'Pum BEFORE ALLOWING NON.CO~ORMING UNITS IN THE AREA. ADDRESS TELEPHONE ?f August 26, 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLULAR TELECOMMUNICATION FACILITY AT CHASE FIELD. WEFEELTHAT ITWOULDBE DETRIMEXTALTOTHE COMMUNITY. OUR BARRIO CARLSBAD ASSOCIATION IS IN THE PROCESS OF WOR- KING WITH THE CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. cjm OF CjuR REQUESTS‘WAS-TH&T CITY WAIT'UNTIL WE Hp;irE;: A'Prm BEFORE ALLOWING NON CONFORMING UNITS IN THE AREA. ADDRESS /, TELEPHONE t c’ ,,. /” ,- August 26, 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELXJLJ6! TELECOMMUNICATION FACILITY AT CHASE FIELD. WE FEELTHAT IT WOULD BE DETRIMENTALTO THE COMMUNITY. OUR BARRIO CARLSBAD ASSOCIATION IS IN THE PROCESS OF WOR- KING WITH THE CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. ONE OF OUR REQUESTS'WAS.TH%T CITY WAIT'UNTIL WE H.&VET,. AQuw BEFORE AILOWING NON-COGFORMING UNITS IN THE AREA. ADDRESS TELEPHONE + August 26, 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLULAR TELECOMMUNICATION FACILITY AT CHASE FIELD. WE FEELTHAT ITWOULDBEDETRIMENTALTOTHE COMMUNITY. OUR BARRIO CAIUSBAD ASSOCIATION IS IN THE PROCESS OF WOR- KING WITH THE CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. ONE OF OilR REQUESTS WAS.THJiT CITY WAIT UNTIL WE Hh A'PLAN BEFORE ALLOWING NON COmORMING UNITS IN THE AREA. ADDRESS TELEPHONE $ August 26, 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLULAR TELECOMMUNICATION FACILITY AT CHASE FIELD. WEFEELTHAT ITWOULDBE DETRIMENTALTOTHE COMMUNITY. OUR BARRIO CARLSBAD ASSOCIATION IS IN THE PROCESS OF WOR- :' KING WITH THE CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. OiJE OF tjrjR REQUESTS'J$AS.THiT CITY WAIT'UIVI'IL WE Hii+. A,‘PLAN BEFORE ALL~WXNG NON COE;JFORMING UNITS IN m-m AREA. ADDRESS TELEPHONE 4 - 20 August 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLULAR TELE- COMMUNICATION FACILITY AT CHASE FIELD. WE FEEL THAT IT WOULD BE DETRIMENTAL TO THE COMMUNITY. OUR BARRIO CARLSBAD ASSOCIATION IS IN THE PROCESS OF WORKING WITH CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. ONE OF OUR REQUESTS WAS THAT CITY WAIT UNTIL WE HAVE A PLAN BEFORE ALLOWING NON CONFORMING UNITS IN THE AREA. NAME ADDRESS TELEPHONE August 26, 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLULAR TELECOMMUNICATION FACILITY AT CHASE FIELD. WE FEELTHAT ITWOULDBEDETRIMENTALTOTHE COMMUNITY. OUR BARRIO CARLSBAD ASSOCIATION IS IN THE PROCESS OF WOR- KING WITH THE CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. ONE OF blJR REQUESTS-WAS.THP;T-CITY WAIT UNTIL WE HAVE'. A,.PLAN BEFORE AIL~WING NON C~I@ORM~NG UNITS IN THE AREA. NAME ADDRESS TELEPHONE + 20 August 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLULAR TELE- COMMUNICATION FACILITY AT CHASE FIELD. WE FEEL THAT IT WOULD BE DETRIMENTAL TO THE COMMUNITY. OUR BARRIO CARLSBAD ASSOCIATION IS IN THE PROCESS OF WORKTNG WITH CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. ONE OF OUR REQUESTS WAS THAT CITY WAIT UNTIL WE HAVE A PLAN BEFORE ALLOWING NON CONFORMING UNITS IN THE AREA. NAME ADDRESS TELEPHONE 20 August 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLULAR TELE- COMMUNICATION FACILITY AT CHASE ,aIELD. WE FEEL THAT IT WOULD BE DETRIMENTAL TO THE COMMUNITY. OUR BARRIO CARLSBAD ASSOCIATION IS IN THE PROCESS OF WORKING WITH CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. ONE OF OUR REQUESTS WAS THAT CITY WAIT UNTIL WE HAVE A PLAN BEFORE ALLOWING NON CONFORMING UNITS IN THE AREA. NAME ADDRESS TELEPHONE - ,, .’ /’ /’ 20 August 1993 WE THE UNDERSIGNED OPPOSE THE Ii-d BUI. ING OF A CELLULAR TELE- COMMUNICATION FACILITY AT CHASE/FIELD. WE FEEL THAT IT WOULD BE DETRIMENTAL TO THE CO&M6N?iXy OUR BARRIO CARLSBAD ASSOCIATION IS IN THE PROCESS OF WORKING WITH CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUFhBARRIO COMMUNITY. ONE OF OUR REQUESTS WAS THAT CITY WAIT UN+JL WE HAVE A PLAN BEFORE ALLOWING NON CONFORMING UNITS iN THE AREA. NAME ADDRESS TELEPHONE _- 20 August 1993 WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLULAR TELE- COMMUNICATION FACILITY AT CHASE FIELD. .WE FEEL THAT IT WOULD BE DETRIMENTAL TO THE COMMUNITY. OUR BARRIO CARLSBAD ASSOCIATION IS IN THE PROCESS OF WORKING WITH CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. ONE OF OUR REQUESTS WAS THAT CITY WAIT UNTIL WE HAVE A PLAN BEFORE ALLOWING NON CONFORMING UNITS IN THE AREA. NAME ADDRESS TELEPHONE August 26, 1993 .I i WE THE UNDERSIGNED OPPOSE THE BUILDING OF A CELLULAR TELECOMMUNICATION FACILITY AT CHASE FIELD. WE FEELTHAT ITWOULDBEDETRIMENTALTOTHE COMMJNITY. OUR BARRIO CARLSBAD ASSOCIATION IS IN TH-E PROCESS OF WOR- KING WITH THE CITY STAFF, PUTTING TOGETHER A WORKABLE PLAN FOR OUR BARRIO COMMUNITY. or;sE OF b‘iTR REQUESTS%&THdT-Cd WAIT'UNTiL WE H&f+: A'PLAN BEFORE AjLowING NOM-COI@ORMING UNITS IN THE AREA. \ b h P n Carlsbad SUN Decreed A Legal ~CWSJJLI~G~ UY bvUI L L San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspa- per at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a ueriod exceeding one vear next NOTICE OF ,,;,,,,rul;,l‘lv deucrbherl il. PUBLIC HEARING 1.01, 1 through 32 111’ I%lwk 61 (11 ,21’1’lc.~L \I;,,, 1\‘,, 775. ,n (he (‘,I\ 01 (‘~lshac!. / (‘,‘,‘QN I’S WEST CELL,‘L.~I~ (‘,,(,I,,V (,I San Ih~g~, statr 01 (‘all- ,,,,.,,, :a . . ~f’yu hayi any quenlions rcnwtl- ing this matter. plcnse call Vii11 I.ynrh in ,he I’lanninu Urpar‘tnK’ll, ;,, 438.lltil. cd. 4325. preceding the date of l%.tblicaAon of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular N,)TICF: IS HERERY(;I\‘EK lha, j llw City (‘ouncil ot’lhe UI,~ 01Ca~l- +KI will hold a putdic hcarinl! a, : ,hc City Council Chamhcrs. 1200 ’ (‘arl?;hatl Village Drive. Carlshad. (‘alifornia. a,6:Ml p.m.. (tn Tuescla?. I)e~~mhcr 14. 1993. ,I) consider an ’ appeal ol,hcPlanninCC(lmmissi(,n ’ : al,p~~nxl 0I’a Contli,ional (‘se Per- b rni, 1’~ the wns,twc,ion 01’a CPIIU- ldl ,rlerc,mmulli~~,icln tY3cilil.v and slorab!P r 00 m 0” pwpcr,!‘&!cwl-ally ’ Ioralcvl a, Chew Field. on Ihe :. s,,u,h~ad corner ofChwtnu( A\‘t‘- “UC a,,<1 .lel’felYo” StrPe,. 111 the opt’n Space Zone. in Local Facili- ,ics Jlanartcment Zone 1. and m0W ,l’w, rhalle”~r the q,l,c;ll ol’the IJlanninp Commission apprlaval 111 ,IIC C~jntl~lional Lse Pcrmll in c~u~,.w~ may hc limited III raisin): ,,nly ,hwx issues rainrtl by yt#U 01 WIIW~C CISC- a, ,hc public hwrinr! ~lescritwd in ,his nolie. 01‘ in wnl- ,~n ~~~sp0ntlcncc clcliwrrcl 10 ,he City ~1’ (.‘arlst,ad Ci,.v Clerk‘s office at. or prior to. lhr l~ubllr hcannl! .\ppl’,1en, Mayor Claude Len!\ CXRLSBAD UTS (‘OVNC’IL ; e74iJ-* , I + ,A ;y- ! q ‘4 ’ I kc \ I>- *J q-G I 4, \A---- , \ ‘> =i,d, 1 ’ > i&g ‘i\, ,:, +--- - i \ 1, A, 2 c +-Yz 5 ; i ,\' \ qr. -., ‘i I” ;mmm- ,,\ ‘* v L i \ \ -’ .I ‘\’ -., t ,.’ ” i -- and entire issue of said newspaper ; in any supplement thereof on the ing dates, to-wit: and not follow- December 02 1 993 19- 19 - 19- 19 - I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 2nd day of December, 1993 . Clerk of the Printer NOTICE OF PUBLIC HEARING APPEAL CUP 93-3 - U.S. WEST CELLULAR NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, December 14, 1993, to consider an appeal of the Planning Commission approval of a Conditional Use Permit for the construction of a cellular telecommunication facility and storage room on property generally located at Chase Field, on the southeast corner of,Chestnut Avenue and Jefferson Street, in the Open Space Zone, in Local Facilities Management Zone 1, and more particularly described as: Lots 1 through 32 of Block 61 of Map No. 775, in the City of Carlsbad, County of San Diego, State of California. If you have any questions regarding this matter, please call Van Lynch in the Planning Department at 438-1161, ext. 4325. If you challenge the appeal of the Planning Commission approval of the Conditional Use Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPELLANT: Mayor Claude Lewis PUBLISH: December 2, 1993 CARLSBAD CITY COUNCIL US. WEST cELLuAR-cAmsmo I CUP 93-03 - ,PM : *341sls7: # 1 OA TE: I( LA 143 NUMBER OF PAGES 8EiNG TFMNSMI~ED: 1, - ’ (INCLUDING FAX TRANSMlnAh) TO: COMPANY: FROM: 80081E HODER KfvR6N Kuticro~~.-+ Sr, Manegemrmt Analyst PMN/NQ PHONE #: PHONE a: (879) 438~7T67 Ext.‘4439 FAX Y: q34- l4P7 FAX #: (879 4384894 l 2076 Las Palmam bzlvr, 0 Cormtrrd, Cmriiomia 8&009-1575 . (51s) 435-l 151 6p (Form A) TO: FROM: RE: CITY CLERK’S OFFICE PLANNING DEPARTMENT PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice APPEAL OF PLANNING COMMISSION DECISION APPROVING U.S. WEST CELLULAR - CUP 93-03. for a public hearing before the City Council. Please notice the item for the Council meeting of Thank you. MARTY ORENYAK NOVEMBER 151993 Assistant City Manager Date Attachments US WEST C,&RLSBAD -17050 Monjarez Family Trust 613 2nd Avenue Chula Vista, CA 91910 Ray & Marion Sandstrom P.O. Box 2978 Laguna Hills, CA 92654 Zia Mohammedi 838 Lincoln Blvd., #2 Santa Monica, CA 90403 Floyd Hamaishi P.O. Box 4418 Carlsbad, CA 92018 Alex & Sarah Valdibieso 3450 Harding Street Carlsbad, CA 92008 Carl Venshom 2663 State Street Carsbad, CA 92008 Audrey Martin 3574 Harding Street Carlsbad, CA 92008 Carlsbad Lodge Assoc., Ltd 6705 La Jolla Blvd. La Jolla, CA 92837 Mark & Linda Gosselin 7445 Girard Ave., #ll La Jolla, CA 92037 Pacific Bell 140 New Montgomery San Francisco, CA 94105 Sidney & Clara Woolen 11434 Broadmead Street South El Monte, CA 91733 Helen Bierg P.O. Box 232456 Encinitas, CA 92023 Anthony & Phyllis Mata 3460 Harding Street Carlsbad, CA 92008 Daniel & Ann Ongais P.O. Box 4418 Carlsbad, CA 92008 Jack & Janie Trayer 1257 Magnolia Avenue Carlsbad, CA 92008 David & Eleanor Shobe 5075 Shoreham Pl., #230 San Diego, CA 92122 Raymond & Ada Sandstrom Enrique Seretti P.O. Box 2978 Laguna Hills, CA 92654 Gene DeLoach 4716 La Villa Marina #F Marina de1 Ray, CA 90292 Andy & Carolyn Langi 1629 Calle Las Casas Oceanside, CA 92056 Andrew & Catherine Samat 3430 Harding Street #A Carlsbad, CA 92008 Ralph & Lillian Stimpson Revocable Trust 3482 Harding Street Carlsbad, CA 92008 Frank & Dorothy Frumble 910 Palm Avenue Carlsbad, CA 924IO8 Kathleen Noble 3630 Harding Street Carlsbad, CA 92008 Ben Cruz, Revocable Trust Mary Cruz 3640 Harding Street Carlsbad, CA 92tW3 Luz Valdez Trust E&da Edwards 3405 Jefferson Street Carlsbad, CA !XXIO8 Victor & Patricia Kiklowicz 4338 Stanford Street Carlsbad, CA 92008 Ernest0 & Marta Montaney 3471 Jefferson Street Carlsbad, CA 92808 Patricia Hembree 880 Avocado Lane Carlsbad, CA 92808 Islands Planning Company c/o Ryoichi Iwata 6931 Sandcastle Drive Carlsbad, CA 92008 Fern Cramer 775 Pahn Avenue #B Carlsbad, CA 92008 Jesus & Magdalena Campa 770 Avocado Lane Carlsbad, CA 92008 -. Carlsbad Unified School District 801 Pine Ave. Carlsbad, CA 92tXI8 Carlsbad Housing & Redevelopment (Zommission 2965 Roosevelt St., Ste. B Carlsbad, CA 92008 Norma Romo P.O. Box 9712 Newport Beach, CA 92658 Isabel Canales 3447 Jefferson Street Carlsbad, CA 92008 Julia Orozca 786 Palm Avenue Carlsbad, CA 920l8 Frank & Josephine Rodriguez 860 Avocado Lane CarIsbad, CA 92008 Stephen RuggIes P.O. Box l352 Q&bad, CA 92108 Daniel & Genevieve Emiquez 790 Avocado Lane CarIsbad, CA 92008 Charles & Lauretta HartzeII 4009 Crescent Point Road Carlsbad, CA 92008 David Dewhurst Douglas Dewhurst 3425 Seacrest Drive Carlsbad, CA 92008 Abelardo & Rita Navarro 3463 Jefferson Street Carlsbad, CA 92008 Wii Baird 3535 Harding Street CarIsbad, CA 92008 James & IrmaIee KIem 840 Avocado Lane Carlsbad, CA 9XKl8 Rudolph & Frances VaIdez 810 Avocado Lane CarIsbad, CA 92008 Gerard0 & Abby Gomez Alfonso & Eleanor Gomez 4765 Gateshead Road CarIsbad, CA 92008 John & Joyce Dennison 765 Avocado Lane P.O. Box 4095 Car&bad, CA 92008 Gloria Harvey 795 -Avocado Lane Qxlsbad, CA !92008 Vincent & Nancy Cambis 1701 Tamarack Carlsbad, CA 92008 David Dewhurst Douglas Dewhurst 2470 Tuttle Street Carlsbad, CA 92008 Joel 8z Melanie French P.O. Box 833 Carlsbad, CA 92008 William & Brenda Leisey 1735 Havens Point Place Carlsbad, CA !I2008 Henry Magallanes 792 Camellia Place Carlsbad, CA !I2008 Donald & Alice MacLeod 755 Camellia Place Carlsbad, CA 92008 Phillip Ekblad 813 Camellia Place Carlsbad, CA 92008 Richard & Carmen Lowz - 815 Avocado Lane Carlsbad, CA 92008 Debra Dewhurst Donna Dewhurst 843 Avocado Lane Carlsbad, CA 9uwl8 Shirley Larsen 3605 Harding Street Carlsbad, CA 92008 Rosanna Co&eras 3417 Santa Clara Way Carlsbad, CA !92008 Daniel & Cheryl Swen 4807 Elm Tree Drive Oceanside, CA 92056 Mildred Philip Jeanne Wells 772 Camellia Place Carlsbad, CA 92008 Raguel Torres - Patsy Saeny 1162 Via Santa Paul vista, CA 92083 Paul Tassoni Ernest & Shirley Tassoni 811 Camellia Place Carlsbad, CA 9ulos Mildred Moore 825 Avocado Lane Carlsbad, CA 92008 Donald & Leal Dewhurst 843 Avocado Lane Carlsbad, CA 92008 Ammon Family Trust 4070 Sunnyhill Drive Carlsbad, CA 9X108 Emma Evans Trust 842 Camellia Place Carlsbad, CA 92008 Arthur & Gloria Hemandez 790 Camellia Place Carlsbad, CA 92008 Michael & Theresa Pruitt 770 Camellia Place Carlsbad, CA 92008 Nancy Koontz m Camellia Place Carlsbad, CA 92008 John & Barbara Standerfer 861 Camellia Place Carlsbad, CA !92008 josk & Maria Ocampo %3 Camellia Place Carlsbad, CA 92X@ Bricia Curie1 C/O O.J. Creel Realty 3055 Madison Street Carlsbad, CA 92OOg Leo & Flora Negrete 6211 Mercer Street San Diego, CA 92122 Dominick & Norma Sorino Vmcente & Alex Gaoiran 1560 Sandalwood Lane 3520 Madison Street Carlsbad, CA 9ulo8 Carlsbad, CA 92008 Salvador Moreno 3468 Madison Street Carlsbad, CA 92008 Lorenza Valadez 3422 Madison Street Carlsbad, CA 924U3 Andrew & Hortencia Ayala 3380 Madison Street Carlsbad, CA !?20@3 Refugio Campa 3322 Madison Street Carlsbad, CA 92008 Bryan Norman Richard & Shiela Norman 3635 Harding Street Carlsbad, CA 92108 Nikolaos & Maria Sougias P.O. Box 2047 Leucadia, CA 92024 Joanne Gilbert 4350 Highland Drive Carlsbad, CA 92008 Luz Madrid 3446 Madison Street Carlsbad, CA 92008 Rafael & Estrella Gonzales 735 Chestnut Avenue Carlsbad, CA 92008 John & Violet Diab 11652 Corinth Circle Fountain Valley, CA 92708 Thomas JL Magdalena Almanza 3306 Madison Street Carlsbad, CA 9#)08 Pauline Holmes 722 Magnolia Avenue Carlsbad, CA 92008 Russell Mar-r 3572 Madison Street Carlsbad, CA 92OOg Barbara Knowles 3536 Madison Street Carlsbad, CA 92008 Casa Montessori 3470 Madison Street Carlsbad, CA 92008 Roderick Treece 3434 Madison Street Carlsbad, CA 92008 Henry Reza Alex Reza 3833 Estella Street #2 San Diego, CA 92105 Porfirio & Isabel Rivera 3275 Donna Drive Carlsbad, CA 92W Alfonso & Crespina Semen0 3323 Madison Street Carlsbad, CA 92008 Ralph & Victoria Macedo 3331 Madison Street Carlsbad, CA 92008 Ruben Pacheco Selma Pacheco 3357 Madison Street C&bad, CA 92008 Nikolaos & Maria Sougias P.O. Box 2097 Leucadia, CA 92024 Maclovio & Cristela Dominguez 3461 Madison Street &&bad, CA 92008 Candelario & Pauline Tanguima 200 S. Emerald Drive #35 vista, CA 92083 Santos & Artemisa Torres 3255 Valley Street Carlsbad, CA 92008 John Montaney-Zamora Nancy Montaney-Zamora 3557 Madison Street Carlsbad, CA 92008 Marie Apodaca 3345 Madison Street Carlsbad, CA 92008 Henry Montanez 3391 Madison Street Carlsbad, CA 92008 Virginia Sotelo 3437 Madison Avenue Carlsbad, CA 92008 Roy & Estela San&z 3482 Roosevelt Street Carlsbad, CA 92008 Julio & Jane Ramirez 3515 Madison Street Carlsbad, CA 92008 Jesus & Manuelahtjan 3445 Madison Street Carl&ad, CA 92008 John & Cheryle Mathews 376 Adams Street Carlsbad, CA 92008 Sofia Martinez Virginia Martinez 3367 Madison Street Carlsbad, CA 92008 Jose & Santos Gastelum 3405 Madison Street Carlsbad, CA 92008 William Schneider ’ P.O. Box 891 Carlsbad, CA 92008 James Bobitt P.O. Box 526 Carlsbad, CA 92008 Juan & Rose Sema 3535 Madison Street Carlsbad, CA 92008 John Zamora 3557 Madison Street Carlsbad, CA 92008 Frank & Rose Martinez 3575 Madison Street Carlsbad, CA 92008 Willard & Sue Peterson 7428 Avila Avenue Ranch0 Cucamonga, CA 91730 ,,‘., >,‘. . . ; ., “. . I. ..( . ., ,‘.. ‘ #