HomeMy WebLinkAbout1999-07-13; City Council; 15308; Agreement For Cellular Site At Safety CenterCITY OF CARLSBAD -AGENDA BILL ‘&f- ,
AB# 15,368 TITLE:
APPROVE LICENSE AGREEMENT WITH COX
MTG. 7-I 3-99 COMMUNICATIONS, P.C.S. FOR CELLULAR SITE AT
SAFETY CENTER
DEPT. PW
RECOMMENDED ACTION:
Adopt Resolution No. 49 -a 5 2 , authorizing the Mayor to execute the license agreement
between the City and Cox Communications, P.C.S. Assets, L.L.C. wholly owned by Cox
Communications, P.C.S., a limited partnership.
ITEM EXPLANATION:
Cox Communications, P.C.S., has indicated a need for a cellular site in Carlsbad near
Palomar Airport Road and El Camino Real. Since cellular sites are typically located on
government property and since this represents a new source of revenue for the City, staff
has determined that the Safety Center is an appropriate location for this cellular site.
Facilities Management staff has negotiated a very favorable rent schedule for the use of this
site and has determined that it will have no adverse effect to the facility.
Cox Communications’ proposal includes the installation of an antenna array on the exterior
corner of the Safety Center parapet wall. The antenna array will be painted to match the
exterior of the facility and will be nearly invisible. In addition, the proposal includes the
construction of a small, fenced enclosure at the south east corner of the building for their
equipment. This project has been approved by the Planning Commission and a CUP (98-
10) has been issued.
The term of the license agreement is five years. The rent for year one is $2,000 per month
and increases to $2,252 in year five.
FISCAL IMPACT:
This license agreement will result in annual revenues of $24,000 for the first year and
increase to $27,024 in the fifth year.
EXHIBITS:
A. Resolution No. q? -252
B. License Agreement
RESOLUTION NO. 99-252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE LICENSE AGREEMENT
WITH COX COMMUNICATIONS, P.C.S FOR A CELLULAR SITE AT
THE CARLSBAD PUBLIC SAFETY CENTER
WHEREAS, Cox Communications, P.C.S Assets, L.L.C., wholly owned by Cox
Communications P.C.S., a limited partnership, has requested permission to construct and
install a cellular site at the Carlsbad Public Safety Center; and
WHEREAS, Facilities Management staff has negotiated with Cox Communications,
P.C.S and secured a five-year license agreement with rent in year one of $2,000 increasing to
$2,252 in year five;
WHEREAS, the Planning Commission has approved this project and issued a
Conditional Use Permit No. 98-10;
NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of Carlsbad
as follows:
1. That the above recitations are true and correct.
2. That the new License Agreement between the City of Carlsbad and Cox
Communications, P.C.S attached hereto as Exhibit B is hereby approved.
3. That the Mayor is hereby authorized to sign the lease agreement on behalf of the
City.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its
regular meeting held on the 13 th day of July , 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nugaard, Finnila, Hall & Kulchin
NOES: None
ABSENT: None
KAREN R. KUNDTZ, Assistant City Clerk
LICENSE AGREEMENT
EXHIBIT B
This Agreement is made between the City of Carlsbad (“City”), a municipal
corporation, hereinafter referred to as “Licenser”, and Cox PCS Assets, L.L.C., a
Delaware Limited liability company, wholly owned by Cox Communications PCS, L.P., a
Delaware Limited Partnership (both of which are hereinafter referred to as “Licensee”),
commencing August 1,1999.
RECITALS
1. The City is the owner of real property more specifically identified as
Assessor’s Parcel No. 209-050-26-00 on a 26.28 acre site, more specifically described
in Exhibit I, commonly known as the Cartsbad Public Safety and Service Center Site,
and hereinafter referred to as the “Property”.
2. The City now uses the Property for a police and fire administration and
public conference facility. -
3. The Property is adequate in size to allow the installation of antenna arrays
on the face of the facility and appurtenances thereto by Licensee.
4. Licensee is desirous of installing antenna arrays on the face of the facility
and appurtenances thereto on the Property.
5. The City is willing to allow Licensee to install the antenna arrays on the
face of the facility and appurtenances thereto under certain terms and conditions.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
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City hereby grants to Licensee a license to use the portion of the property that is
depicted in Exhibit “II” hereto (the “premises”) for the purposes and subject to the
agreement and terms and conditions set forth herein:
LICENSEE’S OBLIGATIONS
Licensee agrees to do the following:
1. Use the Property for the purpose of constructing, maintaining and operating a
telecommunications facility, consisting of an antenna array and associated
telecommunications equipment as described in CUP 98-10 (Exhibit Ill). A security
fence, consisting of chain link construction or similar but comparable construction, shall
be placed around the perimeter of the facility of Licensee. All improvements shall be at
Licensee’s expense. City will maintain the property in a reasonable condition.
2. (a) Be responsible for installing any equipment, at expense of Licensee, to
eliminate any interference that might be caused by the location of its radio transmitting
or telecommunications facility or-modifications thereto with existing equipment of any
other parties, including but not limited to the Safety Center Communications System
already on the Property at the commencement of this license agreement.
(b) The City reserves the right to enter into agreements with other parties,
including but not limited to wireless communication carriers (hereinafter “Carriers”) for
use of the Safety Center site. In the event that an additional Carrier is licensed to use
the site it shall be the new Carrier’s responsibility, at its expense, to ensure that such
installation is constructed and operated in accordance with applicable regulations
issued by the Federal Communications Commission (“FCC”), if any. If Carrier’s plans
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and specifications are approved by City, City shall notify Licensee in writing as to the
scheduled date and time of commencement of construction and installation of Carrier’s
transmitting/receiving equipment not less than ten (10) business days prior to such
date. Any change to the additional Carrier’s approved antenna type and location and/or
change in transmitter types and power output shall be made compatible with Licensee
at Carrier’s sole expense.
3. Be responsible for maintenance of any equipment and facilities installed on
the premises by Licensee to comply with all City, County, State, FAA and FCC
regulations.
4. Be responsible for its own equipment. Provide fire, theft and extended
coverage insurance for the equipment and facilities installed for Licensee.
5. (a) Be responsible for securing any necessary permits or conditional use
permits from any governmental agency to install any facilities of Licensee on the
Property. Licensee may substitute, modify and/or add to its communication/transmitting
antenna system located on the -Property from time to time, provided that Licensee first
obtains any and all required governmental approvals for such substitution, modification
and/or addition and the approval of the City. Any change to Licensee’s approved
antenna type, number of antennas , antenna location and/or changes in transmitter type
and power output shall, at the sole expense of Licensee, be made in accordance with
applicable regulations issued by the FCC. If Licensee’s plans and specifications are
approved by City, Licensee shall notify all other Carriers in writing as to the scheduled
date and time of commencement of construction or installation of Licensee’s modified
equipment not less than ten (10) business days prior to such date.
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(b) It is understood and agreed that Licensee’s ability to use and/or
protect its interest in the Property is dependent upon Licensee obtaining all of the
certificates, permits and other approvals which may be required from any federal, state
or local authority, and any easements which are required from any third parties. City
shall cooperate with Licensee in its efforts to obtain such approvals and/or easements,
as may be required for Licensee’s facility as initially configured and approved in CUP
98-10. If (i) any application and/or negotiations by Licensee for any such certificate,
permit, license, easement, approval, policy of title insurance, or agreement is finally
denied, rejected and/or terminated, (ii) any such certificate, permit, license, easement,
approval or agreement is canceled, or expires, or lapses or is otherwise withdrawn or
terminated, (iii) any Hazardous Materials are discovered or otherwise become located
on the Property, other than as a direct result of Licensee’s activities thereon, or (iv) due
to technological or economic reasons, Licensee determines that it is no longer practical
to use the Premises for Licensee’s intended purposes, then Licensee shall have the
right to terminate this License-Agreement, which termination shall be effective no
sooner than one hundred eighty (180) days from delivery of written notice from
Licensee to City provided Licensee has removed all of its property and equipment from
the premises by that time.
6. Be responsible for all utilities and any property taxes imposed as a result of
the use of the Property by Licensee.
7. (a) Licensee understands and agrees that this licensing agreement may be
revoked at any time in the future if the City determines for any reason at any time in the
future that this license agreement is not in the best interest of the City, notwithstanding
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any investment of Licensee in improving the property for its use.
The determination of license revocation shall be within the sole discretion
of the City. In the event the City’s revocation of a license is not due to a breach by
Licensee of one of the conditions or obligations provided for in this agreement, the City
shall give Licensee written notice of the necessity of removal of the said facilities one
hundred eighty (180) calendar days prior to the effective date of the removal. Such
removal or relocation shall be at the expense of Licensee.
(b) If this license is revoked by the City due to a breach by Licensee of
one of its obligations herein, the revocation shall be effective thirty (30) calendar days
from the date of delivery of the notice of revocation and Licensee shall remove all of its
personal property and equipment from the Property by that time or the City may remove
it and charge Licensee for the cost of removal.
8. If upon expiration or termination of this agreement Licensee remains on the
Property, Licensee shall pay a fee at two times the then existing monthly rate until such
time as Licensee vacates the premises by removal of its personal property and fixtures.
9. Exercise due diligence in utilizing the Property of the City so as to not
interfere with utilization of the Property by the City, and Licensee agrees to comply with
any rules and regulations that the City may promulgate at any time in reference to
utilization of the Property by any party other than the City. It is understood by Licensee
that the Property is used by the City as a police and fire administration and public
conference facility and as a part of the City administration and public safety system of
the City and that it is necessary to maintain adequate security at all times for the
primary utilization of the Property by the City.
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10. Licensee understands that it may be required in the future to relocate its
equipment upon alteration of the current Safety Center design and that Licensee shall
bear any and all costs associated with such relocation. Licenser will provide Licensee
with written notice of the requirement for relocation no later than ninety (90) days prior
thereto to allow Licensee to coordinate the transfer of its equipment.
1 I. Pay to City without abatement, deduction or offset the following fee on or
before the first day of each month of this agreement:
(a) Two thousand ($2,000) dollars per month for the first year of this
agreement.
(b) Commencing on the anniversary date of this Licensing Agreement in
years 2, 3, 4, and 5 said monthly fee shall increase as follows if the license is still in
effect:
Year 2: Two thousand and sixty ($2,060) dollars per month.
Year 3: Two thousand one hundred twenty two ($2,122) dollars per month.
Year 4: Two thousand one hundred eighty six ($2,186) dollars per month.
Year 5: Two thousand two hundred fifty two ($2,252) dollars per month. .M
Monthly fees may be pro-rated as required. If the City desires to continue
this license beyond five years, the fee amount shall be renegotiated at that time.
(c) If any of the monthly fee payments are not received by the City by the
lOti day of the month in which they are due, the fee shall be deemed delinquent and a
ten (10) percent penalty on the sum owing shall accrue on the late payment. If
Licensee should become delinquent on the fee for two or more months in any twelve
month period, the City may revoke this agreement forthwith and demand removal of all
personal property within ten (10) days, or remove such property itself and charge
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Licensee for the cost of removal.
12. (a) Waive all claims against the City of Carlsbad for any damages to the
personal property and equipment of Licensee in, upon or about the Property and for
injuries to any employees of Licensee or their agents in or about the Property from any
cause arising at any time, and Licensee will hold the City of Carlsbad exempt and
harmless from any damage or injury to any person, or any property, arising from the
use of the Property by Licensee, or from the failure of Licensee to keep the equipment
and facilities in good condition and repair, as herein provided.
(b) Licensee indemnification shall include any and all costs, expenses,
and reasonable attorneys fees and liability incurred by the City of Carlsbad, its officers,
agents, or employees in defending against such claims, whether the same proceed to
judgment or not.
(c) Licensee shall at its own expense, upon written request by the City of
Carlsbad, defend any such suit or action brought against the City of Carlsbad, its
officers, agents or employees. Licensee indemnification of the City of Carlsbad shall not
be limited by any prior or subsequent declaration by Licensee.
13. Obtain and maintain for the duration of the contract insurance against claims
for injuries to persons or damage to property which may arise out of or in connection
with this agreement, its agents, representatives, employers or subcontractors. Said
insurance shall be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current
Best’s Key Rating of not less than “A-:V” and shall meet the City’s policy for insurance
as stated in City Council Resolution No. 91-403.
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(a) Licensee shall maintain the types of coverages and minimum limit
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1) Comprehensive General Liability Insurance. $1 ,ooo,ooo
combined single-limit per occurrence for bodily injury, personal injury and property
damage. If the submitted policies contain aggregate limits, general aggregate limits
shall apply separately under this contract or the general aggregate shall be twice the
required per occurrence limit.
2) Automobile Liability (for the use of an automobile by Licensee’s
employees or agents or subcontractors in conjunction with its use of the premises)
$1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage.
3) Worker’s Compensation and Employer’s Liability. Worker’s
Compensation limits as required by the Labor Code of the State of California. and
Employer’s Liability limits of $l,OOO,OOO per accident for bodily injury.
(b) Licensee shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions:
1) The City of Carlsbad shall be designated as an additional
insured on all policies excluding Worker’s Compensation.
2) Licensee shall furnish certificates of insurance to the City before
commencement of work.
3) Licensee shall obtain occurrence coverage.
4) This insurance shall be in force during the life of the agreement
and shall not be canceled without thirty (30) days prior written notice to the City sent by
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certified mail.
5) If Licensee fails to maintain any of the insurance coverages
required herein, then the City will have the option to revoke this license agreement, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. Licensee is
responsible for any payments made by the City of Carlsbad to obtain or maintain such
insurance and the City of Carlsbad may collect the same from Licensee for the period of
non-compliance, or deduct the amount paid from any sums due Licensee under this
agreement.
14. Licensee and City agree that they will not use, generate, store or dispose of
any Hazardous Material on, under, about or within the Property in violation of any law or
regulation. “Hazardous Material” shall mean petroleum or any petroleum product,
asbestos, any substance known by the State of California to cause cancer and/or
reproductive toxicity, and/or any substance, chemical or waste which is identified as
hazardous, toxic or dangerous in-any applicable federal, state or local law or regulation.
In the event of a breach of this provision by either party, the other may terminate this
agreement forthwith and pursue any remedies to which it is entitled by law.
15. Licensee understands and acknowledges that assignment, sublicensing
or transfer of the license granted herein by either entity is absolutely prohibited without
the written consent of the City, and any attempt to do so without written consent may
result in a revocation of the license at the will of the City.
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II
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LICENSOR’S OBLIGATIONS
City agrees to do the following:
1. Allow the construction of an antenna array and associated
telecommunications equipment on the Property for use of Licensee as approved in City
of Carlsbad CUP No. 98-10 attached hereto as Exhibit “Ill”.
2. Allow reasonable ingress and egress for Licensee to the Property, including
access any time in cases of emergency or equipment failure.
3. Be responsible for its own equipment.
4. Grant any necessary temporary easement for as long as this license is in
effect as required for extension of electric and telephone service to the site as specified
in City of Carlsbad CUP 98-10.
5. Allow construction of a power distribution system at the site from existing
facilities on the Safety Center site.
6. Permit Licensee ingress and egress to the Property to conduct such surveys,
structural strength analysis, subsurface boring tests and other activities of a similar
nature as Licensee may deem necessary. All such activities shall be at the sole
expense Licensee. Licensee agrees to hold City and the Property free and harmless
from any cost, claims and damages, actual or asserted, including costs of investigation
and/or defense thereto connected in any way with said activities.
7. City and its agents and contractors shall have the right to enter the Premises
upon forty-eight (48) hours advance notice to Licensee, during reasonable business
hours and when accompanied by personnel of Licensee, for the purpose of making any
necessary alterations or repairs as provided in this License Agreement. In the event of
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an emergency, the notice requirement will be waived.
8. All notices under this License Agreement shall be in writing and, unless
othewise provided herein, shall be deemed validly given if sent by certified mail, return
receipt requested, or via recognized overnight courier service, to the designated entity
for legal notice, Cox Communications PCS, LP, addressed as follows:
Cox Communications PCS, L.P.
Attention: Property Manager
P.O. Box 14607
h-vine, CA 926234607
Address if by courier:
Cox Communications PCS, L.P.
Attention: Property Manager
18200 Von Karman
6* Floor, Suite 631
Irvine, CA 92612
(or to any other mailing address which the party to be notified may designate to the
other party by such notice). All notices properly given as provided for in this section
shall be deemed to be given on the date when sent. Should City or Licensee have a .-
change of address, the other party shall immediately be notified as provided in this
section of such change, with a copy to:
COX PCS ASSETS, L.L.C.:
P.O. Box 14607
Irvine, CA 926234607
Attention: Property Manager
CITY OF CARLSBAD:
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attention: Lloyd Hubbs
Title: Public Works Director
Federal Tax Payer ID #95-6004793
Address if by means other than courier:
P.O. Box 14607
It-vine, CA 926234607
Attention: Property Manager
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Address if by courier:
18200 Von Karman
6” Floor, Suite 631
Irvine, CA 92612
Attention: Property Manager
Telephone: 949/623-5582
Fax: 949/623-5790
IN WITNESS HEREOF, the parties have executed this agreement by their
officers therein duly authorized as of the date and year first written above.
COX PCS ASSETS, L.L.C.
A Delaware limited liability company
Licensee
By: Cox Communications PCS, L.P.,
A Delaware limited partnership,
CITY OF CqRLSBAD
Its only Member
Name: Miidbdd Dircderslle Denfopmeal
Title:
ALETHA L.
Cox Communications PCS, L.P.
A Delaware limited partnership
By:
Name:
(Proper notarial acknowledgment of execution by
must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
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corporations. If only one officer signs, the corporation must attach a resolution certified
by the Secretary or Assistant Secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
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ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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(DATE) , (NOTARY)
personally appeared y-LbL&z.
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evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTIONOFATTACHEDDOCUMENT
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TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
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(DATE) ’ t (NOTARY)
personally appeared c-3 n,Ll
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SIGNER(S)
proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTIONOFATTACEl?DDOCUMENT
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INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
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OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSOH(S) OR ENUWIES)
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EXHIBIT I
PARCEL 1:
THAT PORTION OF LOT “B’ OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 14 OF SAID LOT “B’ AS DESIGNATED ON SAID MAP NO. 823;
THENCE ALONG THE BOUNDARY OF SAID LOT ‘B’, SOUTH 89054’00” EAST, 23.41 FEET
TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO NORTH COUNTY
INVESTMENTS, RECORDED JUNE 16, 1971 AS FILE NO. 126673; THENCE RETRACING
ALONG SAID BOUNDARY NORTH 89o54’00” WEST, 23.41 FEET TO SAID POINT 14 OF LOT
“B”; THENCE ALONG THE BOUNDARY OF SAID LAND OF NORTH COUNTY INVESTORS’S
AS FOLLOWS:
SOUTH 54015’33’ WEST, 326.48 FEET; SOUTH 50=55’35’ WEST 1788.65 FEET; SOUTH
01028’24” WEST, 787.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID BOUNDARY, SOUTH 10046’15” WEST, 1337.68 FEET; THENCE LEAVING SAID
BOUNDARY, SOUTH 79013’45” EAST, 703.35 FEET; THENCE NORTH 30028’48” EAST, 900.00
FEET; THENCENORTH 30031’12” WEST, 8OOFEET; THENCE SOUTH 87045’29”WEST, 491.59
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
A NON EXCLUSIVE EASEMENT AND RIGHT-OF-WAY FOR ROAD PURPOSES OVER,
UNDER, THROUGH AND ACROSS ALL THAT PORTION OF SAJD LOT WB* OF RANCHO
AGUA HEDIONDA LYING WITHIN A STRIP OF LAND 48.00 FEET W-IDE, THE SIDELINES
OF SAID STRIP LYING 24.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN
PARCEL 1 OF DEED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED AUGUST
3, 1973 AT FILE/PAGE NO. 73-215694 IN THE SAN DIEGO COUNTY RECORDER’S OFFICE,
BEING ALSO THE MOST SOUTHERLY CORNER OF THAT CERTAIN 6.459 ACRE PARCEL
SHOWN ON RECORD OF SURVEY MAP NO. 7845 FILED IN SAID RECORDER’S OFFICE ON
MARCH 8, 1974; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF SAID 6.459 ACRE PARCEL SOUTH 51017’15” WEST (RECORD
NORTH 51Q5’00” EAST PER SAID R.O.S. 7845) 55.00 FEET TO A POINT ON THE
CENTERLINE OF EL CAMINO REAL, ROAD SURVEY 1800-1, A PLAT OF WHICH IS ON FILE
IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE ALONG SAID
CENTERLINE SOUTH 38042’45” EAST, (RECORD NORTH 33011’55’ WEST PER SAID R.S.
1800-l) 141.28 FEET TO ENGINEER’S STATION 329 + 50.00 THEREON, SAID POINT BEING
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE NORTH 37051’42’
EAST, 480.00 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE,
CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 81050’49”, A DISTANCE OF 499.97 FEET; THENCE
TANGENT TO SAID CURVE, NORTH 43059’07” WEST, 172.23 FEET TO THE BEGINNING OF
A TANGENT 350.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54045’22” A
DISTANCE OF 334.49 FEET;
THENCE TANGENTTO SAID CURVE NORTH 10046’15” EAST, 518.39 FEET TO A POINT ON
THE SOUTHEASTERLY LINE OF PARCEL 1 HEREINABOVE DESCRIBED ABOVE SAID
POINT BEING THE POINT OF TERMINUS.
PARCEL 3:
AN EASEMENT FOR THE RIGHT TO CONSTRUCT DRAINAGE FACILITIES AND ALSO TO
DRAIN ANY PORTION OF PARCEL 1 HEREINABOVE DESCRIBED OVER SAID EASEMENT,
BEING A PORTION OF LOT ‘B’ OF RANCH0 AGUA HEDIONDA, MAP NO. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA, ON NOVEMBER 16, 18%; SAID EASEMENT BEING 20.00 FEET WIDE, 10.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CEN-IERLINE:
COMMENCING AT POINT 14 OF SAID LOT ‘B” AS DESCRIBED ON SAID MAP NO. 823,
THENCE SOUTH 54015’33’ WEST, A DISTANCE OF 326.48 FEm THENCE SOUTH 50055’33”
WEST, A DISTANCE OF 326.48 FEET; THENCE SOUTH 50055’35” WEST, A DISTANCE OF
1788.65 FEET; THENCE SOUTH 01028’24’ WEST, A DISTANCE OF 787.30 FEET, SAID POINT
ALSO BEING THE NORTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE
WESTERLY BOUNDARY OF SAID PARCEL 1; SOUTH 10046’15’ WEST, A DISTANCE OF
1337.68 FEET, SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID PARCEL
1; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 1, SOUTH 79013’45”
EAST, A DISTANCE OF 703.35 FEET, SAID POINT BEING THE SOUTHEASTERLY CORNER
OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
PARCEL 1; NORTH 30028’48” EAST, A DISTANCE OF 150.00 FEET TO THE CENTERLINE OF
SAID DRAINAGE EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID
POINT BEING ALSO ON THE ARC OF A 300.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; A RADIAL LINE TO SAID CURVE TO SAID POINT BEARS NORTH
52058’48” EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 34000’00” A DISTANCE OF 178.02 FEET; THENCE TANGENT TO
SAID CURVE SOUTH 71001’12” EAST, A DISTANCE OF 375.00 FEET TO THE POINT OF
TERMINUS. .-
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EXHIBIT I’--
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EXHIBIT Ill
ue City of CARLSBAB Planning DepartmeL&
A REPORT TO THE PLANNING COMMISSION
Item No. 7 0
Application complete date: July 1, 1998
P.C. AGENDA OF: September 2. 1998 Project Planner: Eric Munoz
Project Engineer: Michele Masterson
SUBJECT: CUP 98-10 - CARLSBAD SAFETY CENTER TELECOM - Request for a
Conditional Use Permit to allow for the development of an unmanned wireless
telecommunications facility consisting of building mounted “stealth” designed
antennas and a ground level transceiver station and related equipment covering
273 square feet at the City’s Safety Center on the east side of Orion Way, with a
Governmental Facilities General Plan designation in the Open Space Zone. within
Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4377
APPROVING Conditional Use Permit CUP 98-10 based on the findings and sub-ject to the
condition contained therein.
II. INTRODUCTION
Cox Communication provides wireless telecommunication services between Central California
and the Mexican border. As part of their network for coverage in the San Diego County area.
Cox has proposed a telecommunications center at the City’s Safety Center. There is a pending
agreement between the City and Cox Communications to lease space for the antennas. The
agreement is subject to the Planning Commission’s approval of this Conditional Use Permit. The
proposal involves nine new antennas placed on the building face of the Safety Center that are
designed to be “stealth” and blend in with the existing building. Also involved is a small
equipment and power storage area on the backside of the building.
The proposal will not adversely impact the Safety Center building or the range of safety services
provided from the Safety Center site. The proposal has been reviewed by all necessary city
departments and no concerns or issues exist. In addition, the proposal will not have any impact
on the ability of the city to plan out the lon g term re-design of the Safety Center so as to
incorporate the Public Works Division of the city. Staff recommends approval of the conditional
use permit subject to the conditions contained therein.
III. PROJECT DESCRIPTION AND BACKGROUND
As shown on the prqject exhibits (Exhibits “A “-“F”. dated September 2, 1998). the project
primarily consists of nine (9) new antennas to be provided in three clusters, or arrays. of three
CUP 98-10 - CARLSBAL aAFETY CENTER TELECOM
September 3. 1998
antennas. The antennas individually are up to six feet high. eight inches wide and three inches
thick. The antennas have a 15 degree maximum range of outward tilt from the building face and
they will be painted to match the building exterior. The antenna arrays are designed to provide
“stealth” antennas that are intended to visually blend into the existing building face. One arm\’
(consisting of three antennas each) will be located near the top of the Safety Center’s building
face on the west. south and east elevations as shown on the project exhibits.
Other primary features of the proposed project include: (1) a 273 square foot area located at
grade behind the Safety Center building (precise location shown on project exhibits) to be used
as a Base Transceiver Station (BTS). The 273 square foot area will accommodate BTS
equipment which will be completely screened by a six foot high stucco wrapped wall painted to
match the existing Safety Center building in color and texture (one work light in the BTS area
will exceed the height of the six foot high stucco wall by up to two feet - see detail on Exhibit
“I?), (2) a lockable gate as part of the stucco screen to provide access to the BTS equipment.
and; (3) one 6’9” Global Positioning System (GPS) antenna to be located within the BTS area
(see detail on Exhibit “E”).
IV. ANALYSIS
The proposed prqject is subject to the following regulations:
A. City of Carlsbad Zoning Ordinance - Open Space Designation
B. City of Carlsbad General Plan - Governmental Facilities Designation
C. City of Carlsbad Zoning Ordinance - Chapter 21.42. Conditional Uses
Open Space Zoninc Desirnation .s
The Safety Center is zoned Open Space which allows for public facilities and structures in the
context of a civic center via a conditional use permit (CUP). While the Safety Center complex is
covered by another CUP (CUP 262). this proposed CUP to install wireless communication
antennas and equipment is also consistent with the provisions of the Open Space zone and the
Safety Center land use.
Governmental Facilities General Plan Designation
The proposed wireless communication antennas are consistent with the Governmental Facilities
General Plan designation because communication facilities are considered quasi-public facilities.
In addition. the prqject will be compatible with the uses of the Safety Center since there will be
no adverse impacts to the Safety Center or the ability of city staff to continue to provide safety
services to the city.
Chapter 21.42 - Conditional Uses
The Conditional Uses chapter of the zoning ordinance (21.42) allows the construction and
placement of features such as wireless communication antennas via the processing of a
conditional use permit. Specifically. section 21.42.010 (2)(J) allows. in all zones including
CUP 9S-10 - CARLSBAL ,AFETY CENTER TELECOM
September 2. 1998
residential zones, ‘iAccessory public and quasi-public utility buildings and facilities including.
but not limited to, water wells, water storage, pump stations. booster stations. transmission 01
distribution electrical substations, operating center, gas metering and regulating stations. or
neighboring telephone exchanges, with the necessary apparatus or appurtenances incident
thereto.” The proposed project qualifies for a conditional use permit at the subject site.
The standard. required findings for the granting of a conditional use permit as outlined in
21.42.020 can be made for this project. The findings. are contained in the attached project
resolution. Planning Commission Resolution No. 4377. Below is a descriptive summary of the
facts supporting the findings.
The use is necessary and desirable for the development of the community because it will enable
the use of current telecommunications technology in the city and the San Diego County region.
The site is adequate in size and shape to accommodate the proposed use because the siting of the
proposed antennas will be on three sides of the existing Safety Center building. Features
necessary to adjust the use to existing or future permitted uses will be provided and include
screening/fencing of the ground level equipment area. The existing street system is adequate to
handle the traffic generated by the prqject because only periodic maintenance work will be
required for the telecommunications equipment thereby generating minimal new traffic to the
area.
V. ENVIRONMENTAL REVIEW
The installation of new. small, stealth designed wireless communication antennas and equipment
is considered a Class 3 Categorical Exemption under the California Environmental Quality Act
(CEQA Guidelines Section 15303). Cox Communications is licensed by the FCC to receive and
transmit radio waves. The FCC-requires compliance with radio frequency power density
standards for the general public, therefore. the project will not have a significant negative impact
on the environment.
ATTACHMENTS:
I. Planning Commission Resolution No. 4377
2. Location Map
3. Background Data Sheet
4. Disclosure Statement
5. Exhibits “A”-“F” dated September 2, 1998
EM:dch:mh
CARLSBAD SAFETY CENTER
TELECOM
CUP 9840
’ .
BACKGROUND DATA SHEET
CASE NO: CUP 98-10
CASE NAME: CARLSBAD SAFETY CENTER TELECOM
APPLICANT: COX COMMUNICATIONS
REQUEST AND LOCATION: 9 antennas arranped in three clusters of three antennas on the
south. east and west elevations of the existinp Safetv Center building located at 2560 Orion Wav
LEGAL DESCRIPTION: A portion of Lot “B” of Ranch0 Agua Hedionda. Map No.
11573 in the Citv of Carlsbad. Countv of San Diego.
APN: 209-050-26 Acres: N/A Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Land Use Designation: Governmental Facilities (G)
Density Allowed: N/A Density Proposed: N/A
Existing Zone: Onen Space Proposed Zone: Onen Space
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
Site
North
South
East
West
Zoning
Open Space
Open Space
Open Space
Open Space
Open Space
Land Use
Safety Center/Services
Parking Lot
Open Space slopes
Parking Lot
Orion Way
PUBLIC FACILITIES
School District: CUSD Water District: CMWD Sewer District: CMWD
Equivalent Dwelling Units (Sewer Capacity): N/A
Public Facilities Fee Agreement, dated: N/A
ENVIRONMENTAL IMPACT ASSESSMENT
cl Negative Declaration, issued
cl Certified Environmental Impact Report. dated
El Other, Categorical Exemption Class 3; Construction of Small Structures/Facilities
DISCLOSURE STATEMENT
I Applicant’s sraternent or disclosure of certain ownership interests on all applications which \vill
discretionary action on the part of the City Council or any appointed Board. Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your prqject cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT mot the applicant’s agent)
3 6.
Provide the COMPLETE, LEGAL names and addresses of & persons having a financial
interest in the application. If the applicant includes a corporation or aartnershiu. include the
names, title. addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF TKE SHARES. PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned coworation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person /d
Title %<$
Carp/Part
Title k~‘~~~‘uti q ”
Address /&..I/& .- Address /&?a &on k&met / JTN,kf, LTA f&/3
OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership. tenants in common. non-profit, corporation. etc.). If the ownership includes a
corporation or partnership. include the names, title. addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned coworation. include the names. titles. and addresses of the corporate officers. (A separate
page may be attached if necessary.)
I’crson
Title
Address
Carp/Part CA, J cxf2
Title
Address
2075 Las Palmas Dr. - Carl&ad. CA 92009-l 576 - (760) 438-71610 FAX (760) 438-0894
3. -. .hc’OlV-PROFIT OR - UIZATlON OR TRUST
If.;tn~’ pcrscm identifit-rl pursuant IO (I ) or (2) above is a nonnrofi~ orrnnizntion or a trust. (1st thL-
names and addresses OC AN\’ person serving as an officer or director of’ the tlon-prc)tir
or~anization or as trustee or beneficiac of the.
ion Profit/Trust Non Profit/Trust
Title Title
Address Address
3. Have you had more than $250 worth of business transacted with any member of City staff.
Boards. Commissions. Committees and/or Council within the past twelve ( 12) months?
cl Yes w No 1 f yes. please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date
Gwk =lt&fieti/ddq (2 ( OHdM/& A
Print or type name of owner /fl J dra dy
e?wr~d/ cm.
Print or type name of applicant//p
9.
e4+
Signature of owner/applicant’s agent ifapplicable/date
Print or type name of/owner/applicant’s agent
Ii~ADMIN\COUNTER\OISCLOSURE STATEMENT 5/98 Page 2 of 2
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PLANNING COMMISSION RESOLUTION NO. 4377
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO INSTALL WIRELESS
TELECOMMUNICATION SYSTEM ANTENNAS ON THE
EXISTING SAFETY CENTER BUILDING ON PROPERTY
GENERALLY LOCATED EAST OF ORION WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 5
CASE NAME: CARLSBAD SAFETY CENTER TELECOM
CASE NO.: CUP 98-l 0
WHEREAS Cox Communications, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner”.
described as
A portion of Lot “B” of Ranch0 Agua Hedionda, Map No.
11573 in the City of Carlsbad, County of San Diego.
(“the Property”); and
WHEREAS said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A’‘-“F” dated September 2, 1998, on tile in the Carlsbad
Planning Department, CARL&BAD SAFETY CENTER TELECOM, CUP 98-10, as provided
by Chapter 2 1.42 and/or 2 1.50 of the Carlsbad Municipal Code; and
WHEREAS the Planning Commission did, on the 2nd day of September 1998,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS. at said public hearing. upon hearing and considering all testimony
and arguments, if any. of all persons desiring to be heard. said Commission considered all factors
relating to the CUP.
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.
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B) That based on the evidence presented at the public hearing. the Commission
APPROVES CARLSBAD SAFETY CENTER TELECOM, CUP 98-10.
based on the following findings and subject to the following conditions:
Findings:
1. That 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 existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed wireless telecommunication antennas
and related ground level equipment will provide a necessary service of cellular
phone network coverage for the city and area around Carlsbad using the latest
technology. Furthermore, the proposed location of the antennas on the Safety
Center’s building face will not impact the daily function of the Safety Center or the
ability to provide safety services from the site, therefore, the project is also
consistent with the General Plan including the site’s general plan designation of
Governmental Facilities.
2. That the site for the intended use is adequate in size and shape to accommodate the use. in
that the proposed siting for the antennas is on an existing building so that there will
be no additions to the physical layout of the Safety Center building. The 273 square
foot area provided in the rear of the building for ground level equipment and power
source storage is also accommodated on site and can be considered incidental since
it will not impact or reduce required parking spaces, setback areas or remove
landscaping.
3. That 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, in that the antennas have been designed to be “stealth” so
that they will blend visually into the existing building’s color and texture. With
regards to the ground level equipment area, a six foot high stucco screen wall will
enclose the area which itself is located on the rear of the Safety Center building out
of view from public streets (Orion Way) and parking lot areas.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use. in that the proposed project will not generate any
traffic to the site other than occasional maintenance and monitoring by Cox
Communications personnel.
5. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution. and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project. and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
PC RESO NO. 4377 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make. all corrections
and modifications to the Conditional Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal. state. and local
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect. defend and
hold harmless the City of C&bad, its Council members, officers, employees, agents. and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit. (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby.
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
4. This Conditional Use Permit is granted for a period of five (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 substantial
negative effect on surrounding properties or the public health and welfare. If the
Planning Director determines that the use has such substantial negative effects. the
Planning Director sliaA1 recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects. This permit may be revoked at any time after a public
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
uses and the public’s health and welfare, or the conditions imposed herein have not been
met. This permit may be extended for a reasonable period of time not to exceed five
years upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Commission may not grant such extension, unless it finds
that there are no substantial negative effects on surrounding land uses or the public’s
health and welfare. If a substantial negative effect on surrounding land uses or the
public’s health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
5. The Developer shall report. in writing, to the Planning Director within 30 days, any
address change from that which is shown on the conditional use permit application.
PC RESO NO. 4377 -3- 32
6. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissions.
Within six (6) months after the issuance of occupancy, the Developer/Operator shall
submit a project implementation report which provides cumulative field measurements of
radio frequency (EMF) power densities of all antennas installed at the subject site. The
report shall quantify the EMF emissions and compare the results with currently accepted
ANSI/IEEE standards. Said report shall be subject to review and approval by the
Planning Director for consistency with the Project’s preliminq proposal report and the
accepted ANSI/IEEE standards. If on review, the City finds that the Project does not
meet ANSI/IEEE standards, the City may revoke or modify this conditional use permit.
7. Developer, prior to issuance of a building permit, shall enter into, and thereafter
maintain in good standing, a license and/or franchise or with the City for use of and
access to the project site.
Code Reminders:
8. This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
9. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
10. 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 Commumty Development and Planning.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations. or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from September 2,1998, to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a). and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review. set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
PC RESO NO. 4377 -4-
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project: NOR DOES IT APPLY to any fees/exactions of which you have previously been gi\ven
a NOTICE similar to this. or as to which the statute of limitations has previousI>, otherwise
expired.
PASSED. APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of September, 1998 by the
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas. Heineman. and
MONOY
NOES:
ABSENT: Commissioners Nielsen. Savary. and Welshons
ABSTAIN:
BAILEY NOBE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .w
MICHAEL J. HOI?ZMILyER
Planning Director
PC RESO NO. 4377 -5
MEMO
July 19,1999
TO: NOTE TO FILE
FROM: Kathleen D. Shoup, City Clerk’s Office, Ext. 5106
SUBJECT: COX LICENSE AGREEMENT
m original, and fully executed license agreements with Cox PCS Assets, LLC
were sent to the attention of Pauline Killingsworth, at Oak Street.
Also sent were copies of Agenda Bill No. 15,308 and Resolution No. 99-252,
which was adopted by Council on July 13, 1999.
(A Cox representative will be picking up their signed agreement, Agenda Bill and
Resolution at Oak Street.)