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.
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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
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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:
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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;
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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-
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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
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\ 5
U.S. WEST CELLULAR-CARLSBAD
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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.
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- 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.
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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
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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.
Chase field sits in this “bowl” and will provide the. best coverage and service.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
\
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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
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