HomeMy WebLinkAbout1995-12-19; Municipal Water District; 298; License Agreement - Airtouch Cellular*
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CARLSBuD MUNICIPAL WATER DISTRdT - AGENDA BILL *
dv TITLE:
ACCEPTANCE OF LICENSE AGREEMENT MTG. 12J4 9195 BETWEEN AIRTOUCH CELLULAR AND THE
DEPT. CMWD CITY OF CARLSBAD
RECOMMENDED ACTION:
Staff recommends the Board of Directors adopt Resolution No. e5 accepting the
License Agreement between the Carlsbad Municipal Water District and AirTouch Cellular and
authorize the Executive Manager to sign the Agreement.
ITEM EXPLANATION:
AirTouch Cellular has proposed to construct and operate a cellular communications facility
that consists of a three-hundred sixty square foot cellular equipment building with an adjacent
forty foot high antenna system with up to thirty directional antennas, six cellular omni
directional whip antennas and four digital radio dish antennas on District property known as
the La Costa Hi Reservoir property. This property is located south of Alga Road, east of El
Fuerte Street and West of Melrose Avenue. (See map on Exhibit “B”)
AirTouch has secured the necessary Conditional Use Permit 94-l 1 from the City Planning
Commission and is attached as Exhibit “A”.
FISCAL IMPACT:
AirTouch Cellular has agreed to pay the District one thousand eight hundred ($1,800) per
month or $21,600 for the first year of this agreement.
The rent shall increase as follows:
Year 2: One thousand eight hundred and ninety dollars ($1,890) per month or $22,680
for the Second year.
Year 3: One thousand nine hundred eighty-four dollars and fifty cents ($1,984.50) per
month or $23,814 for the Third year.
Year 4: Two thousand eighty-three dollars and seventy-three cents ($2,083.73) per
month or $25,005 for the Fourth year.
These monies will be deposited to the District’s Enterprise fund in Account No. 501 810 00 00
8420 as rental income.
EXHIBITS:
1. Resolution No. 3s
2.LicenseAgreement between AirTouch Cellular and the Carlsbad Municipal Water District.
3. Exhibit “A” CUP-94-l 1.
4. Location Map Exhibit “B”
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RESOLUTION NO. 915
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA
ACCEPTING LICENSE AGREEMENT BETWEEN AIRTOUCH
CELLULAR AND THE CARLSBAD MUNICIPAL WATER DISTRICT
WHEREAS, AirTouch Cellular wishes to enter into a license agreement for the
property known and specifically identified as one thousand four hundred and eighty
(1,480) square feet of a 1.53 acre site, commonly known as the La Costa Hi Reservoir
Site, herein after referred to as the “Property”;
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District,
California, agrees to enter into a License Agreement with AirTouch Cellular; and
WHEREAS, AirTouch Cellular agrees to all obligations in the License Agreement
and CUP 94-l 1; and
WHEREAS, AirTouch Cellular agrees to pay the Carlsbad Municipal Water District
without abatement, deduction or offset the following rental on or before the first day of
each month this agreement:
(a) One thousand eight hundred dollars ($1,800) dollars per month for the first
year of this agreement commencing the first of the month following the adoption of this
agreement;
(b) Commencing on the anniversary date of this Licensing Agreement in years,
2, 3 and 4, said monthly rent shall increase as follows:
Year 2: One thousand eight hundred and ninety dollars ($1,899) per month;
Year 3: One thousand nine hundred eighty-four dollars and fifty cents
($1,984.50) per month.
Year 4: Two thousand eighty-three dollars and seventy-three cents
($2,083.73) per month;
3 WHEREAS, the Board President hereby directs the Executive Manager to execute
4 three original copies of the License Agreement; and
5 NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad
6 Municipal Water District, California as follows:
7 1. That the above recitations are true and correct.
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2. 9 That the Board License Agreement attached hereto is hereby
10 approved and the Executive Manager is authorized and directed to execute it on behalf
11 of the District.
12 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad
13 Municipal Water District held on the 19th day of 1995, by the following DECEMBER
14 vote to wit:
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AYES: Board Members Lewis, Kulchin, Finnila, Hall 16
17 NOES: None .
18 ABSENT: Board Me
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21 ATTEST:
sistant Secretary
24 (SEAL)
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LICENSE AGREEMENT
This Agreement made between the Carlsbad Municipal Water
District, a municipal water district organized and existing under
the Municipal Water District Act.of 1911, as amended, hereinafter
for convenience referred to as "District", and AirTouch' Cellular,
a California corporation, hereinafter for convenience referred to
as t@AirTouchll.
RECITAL8
1. The District is the owner of real property more
specifically identified as one thousand four hundred and eighty
(1480) square feet on a 1.53 acre site, commonly known as the La
Costa High Reservoir Site, and hereinafter referred to as the
"Property".
2. The District now uses the Property for a water storage
reservoir for the District and appurtenances thereto.
3. The Property is adequate in size to allow the
installation of an antenna and appurtenances thereto by AirTouch.
4. AirTouch is desirous of installing antennas and
appurtenances thereto on the Property.
5. The District is willing to allow AirTouch to install the
antennas and appurtenances thereto under certain terms and
conditions.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
LICENSEE'S OBLIGATIONS
AirTouch agrees to do the following:
1. Use the Property for the purpose of constructing,
maintaining and operating a Mobile Communications Facility and uses
incidental thereto, consisting of one building of approximately
three hundred and sixty (360) square feet and antennas as described
in CUP 94-11. A security fence, consisting of chain link
construction or similar but comparable construction, shall be
placed around the perimeter of the facilities of AirTouch. All
improvements shall be at AirTouch's expense. AirTouch will
maintain the property in a reasonable condition.
2. (a) Be responsible for installing any equipment, at
expense of AirTouch, to eliminate any interference that might be
caused by the location of the radio transmitting or other equipment
of all parties (including but not limited to the District, City of
Carlsbad, and Cablevision) on the Property.
(b) The District reserves the right to enter into
agreements with other parties, including but not limited to
wireless communications carriers (hereinafter @'Carriers") for use
of the La Costa High Reservoir site. In the event that an
additional Carrier is licensed to use the site it shall be the new
Carrier's responsibility, at its expense, to ensure,that such
installation is constructed and operated in accordance with
applicable regulations issued by the Federal Communications
Commission (18FCC)), if any. If Carrier's plans and specifications
are approved by District, District shall notify AirTouch in writing
as to the scheduled date and time of commencement of construction
and installation of Carrier's transmitting/receiving equipment not
less than five (5) business days prior to such date. Any change to
the additional Carrier's approved antenna type and location and/or
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change in transmitter types and power output shall be made
compatible with AirTouch at Carrier's sole expense.
3. Be responsible for maintenance of the building to comply
with all City, County, FAA and FCC regulations.
4. Be responsible for its own equipment. Provide fire, theft
and extended coverage insurance for the building and facilities
installed for AirTouch.
5. (a) Be responsible for securing any necessary permits or
conditional use permits from any governmental agency to install any
facilities of AirTouch on the Property. AirTouch may substitute,
modify and/or add to its communications antennas located on the
Property from time to time, provided that AirTouch first obtains
any and all required governmental approvals for such substitution,
modification and/or addition. Any change to AirTouch's approved
antenna type, number of antennas, antenna location and/or change in
transmitter type and power output shall, at the sole expense of
AirTouch, be made in accordance with applicable regulations issued
by the FCC. If AirTouch's plans and specifications are approved by
District, AirTouch shall notify all other Carriers in writing as to
the scheduled date and time of commencement of construction or
installation of AirTouch's modified equipment not less than five
(5) business days prior to such date.
(b) It is understood and agreed that AirTouch's ability
to use and/or protect its interest in the Property is dependent
upon AirTouch's obtaining all of the certificates, permits and
other approvals which may be required from any federal, state or
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local authority, and any easements which are required from any
third parties. District shall cooperate with AirTouch in its
efforts to obtain such approvals and/or easements, as may be
required for AirTouch's facility as initially configured and
approved in CUP 94-11. If (i) any application and/or negotiations
by AirTouch for any such certificate, permit, license, easement,
approval, policy of title insurance, or agreement is finally
denied, rejected and/or terminated, (ii) any such certificate,
permit, license, easement, approval or agreement is canceled, or
expires, or lapses or is otherwise withdrawn or terminated, (iii)
any Hazardous Materials are discovered or otherwise become located
on the Property, other than as a direct result of AirTouch's
activities thereon, or (iv) due to technological changes, AirTouch
determines that it is no longer practical to use the Premises for
AirTouch's intended purposes, then AirTouch shall have the right to
terminate this License Agreement, which termination shall be
effective no sooner than 30 days from delivery of written notice
from AirTouch to District provided AirTouch has removed all of its
property and equipment from the premises by that time.
6. Be responsible for all utilities and any property taxes
imposed as a resu,lt of the use of the Property by AirTouch.
7. (a) Licensee understands and agrees that this licensing
agreement may be revoked at any time in the future if the District
determines for any reason at any time in the future that this
license agreement is not in the best interest of the District
The determination of license revocation shall be within the sole
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discretion of the District. In the event the District's revocation
of a license is not due to a breach by AirTouch of one of the
conditions or obligations provided for in this agreement, the
District shall give AirTouch written notice of the necessity of
removal of the said facilities one hundred eighty (180) calendar
days prior to the effective date of the removal. Such removal or
relocation shall be at the expense of AirTouch.
(b) If this license is revoked by the District due to a
breach by AirTouch of one of its obligations herein, the revocation
shall be effective thirty (30) calendar days from the date of
delivery of the notice of revocation and AirTouch shall remove all
of its personal property and equipment from the Property by that
time or the District may remove it and charge AirTouch for the cost
of removal.
8. If upon expiration or termination of this agreement
AirTouch remains on the Property, AirTouch shall pay rent at two
times the then existing montKly rate until such time as AirTouch
vacates the premises by removal of its personal property and
fixtures. :
9. Exercise due diligence in utilizing the Property of the
District so as to not interfere with utilization of the Property by
the District, and AirTouch agrees to comply with any rules and
regulations that the District may promulgate at any time in
reference to utilization of the Property by any party other than
the District. It is understood by AirTouch that the Property is
used by the District as a water storage reservoir and as a part of
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the water transmission system of the District and that it is
necessary to maintain adequate security at all times for the
primary utilization of the Property by the District.
10. Pay to District without abatement, deduction or offset
the following rental on or before the first day of each month of
this agreement:
(a) One thousand eight hundred(1,800) dollars per month
for the first year of this agreement.
(b) Commencing on the anniversary date of this Licensing
Agreement in years 2, 3 and 4, said monthly rent shall increase as
follows:
Year 2: One thousand eight hundred and ninety (1,890) dollars per month. Year 3: One thousand nine hundred eighty-four (1,984.50) dollars and fifty cents per month. Year 4: Two thousand eighty-three (2,083.73) dollars and seventy-three cents per month.
(cl If any of the monthly rental payments are not
received by the District by the tenth day of the month in which
they are due, the rent shall be deemed delinquent and a ten (10)
percent penalty on the sum owing shall accrue on the late payment.
If AirTouch should become delinquent on two or more months rent,
the District may revoke this agreement forthwith and demand removal
of all personal property within ten (10) days, or remove such
property itself and charge AirTouch for the cost of removal.
11. Provide the
. units ha+&ng z r&a:1
m upon execution of this agreement, as additional
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consideration for this license.
12. (a) Waive all claims against the District and/or the
City of Carlsbad for any damages to the personal property and
equipment of AirTouch in, upon or about the Property and for
injuries to any employees of AirTouch or their agents in or about
the Property from any cause arising at any time, and AirTouch will
hold the District and the City of Carlsbad exempt and harmless from
any damage or injury to any person, or any property, arising from
the use of the Property by AirTouch, or from the failure of
AirTouch to keep the building in good condition and repair, as
herein provided;
(b) AirTouch's indemnification shall include any and all
costs, expenses, attorneys fees and liability incurred by the
District and/or the City of Carlsbad, its officers, agents, or
employees in defending against such claims, whether the same
proceed to judgment or not.
(cl AirTouch shall at its own expense, upon written
request by the District and/or the City of Carlsbad, defend any
such suit or action brought against the District and/or the City of
Carlsbad, its officers, agents or employees. AirTouch's
indemnification of the District and/or the City of Carlsbad shall
not be limited by any prior or subsequent declaration by AirTouch.
13. Obtain and maintain for the duration of the contract
insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with this
agreement, its agents, representatives, employers or
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subcontractors. Said insurance shall be obtained from an insurance
carrier admitted and authorized to do business in the State of
California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:V" and shall meet the
District's policy for insurance as stated in City Council
Resolution No. 91-403.
(a) AirTouch shall maintain the types of coverages and
minimum limit indicated herein, unless a lower amount is approved
by the General Counsel or Executive Manager:
1) Comprehensive General Liability Insurance.
$1,000,000 combined single-limit per occurrence for bodily injury,
personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits shall apply
separately under this contract or the general aggregate shall be
twice the required per occurrence limit.
2) Automobile Liability (for the use of an
automobile by AirTouch employees or agents or subcontractors in
conjunction with its use of the premises) $l,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) AirTouch shall ensure that the policies of insurance
required under this agreement contain, or are endorsed to contain,
the following provisions:
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1) The District and the City of Carlsbad shall be
designated as an additional insured on all policies excluding
Worker's Compensation.
2) AirTouch shall furnish certificates of insurance
to the District before commencement of work.
3) AirTouch shall obtain occurrence coverage, which
shall be written as claims-made coverage.
4) This insurance shall be in force during the life
of the agreement and shall not be canceled without 30 days prior
written notice to the District sent by certified mail.
5) If AirTouch fails to maintain any of the
insurance-coverages required herein, then the District will have
the option to revoke this license agreement, or may purchase
replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained.
AirTouch is responsible for any payments made by the District
and/or the City of Carlsbad to obtain or maintain such insurance
and the District and/or the City of Carlsbad may collect the same
from AirTouch or deduct the amount paid from any sums due AirTouch
under this agreement.
14. AirTouch and District agree that they will not use,
generate, store or dispose of any Hazardous Material on, under,
'about or within the Property in violation of any law or regulation.
"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
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or waste which is identified as hazardous, toxic or dangerous in
any applicable federal, state or local law or regulation. In the
event of a breach of this provision by. either party, the other may
terminate this agreement forthwith and pursue any remedies to which
it is entitled by law.
15. Licensee understands and acknowledges that this license
granted herein is absolutely not assignable or transferable and any
attempt to do so may result in a revocation of the license at the
will of the District.
LICENSOR'S OBLIGATIONS
District agrees to do the following:
1. Allow the construction of a building and installation of
antennas on the Property for use of AirTouch as approved in City of
Carlsbad CUP No. 94-11 attached hereto as Exhibit "1".
2. Allow reasonable ingress and egress for AirTouch to the
Property, including access any time in cases of emergency or
equipment failure. .
3. Be responsible for its own equipment.
4. Grant any necessary temporary easement as required for
extension of electric and telephone service to the site as
specified in City of Carlsbad CUP 94-11.
5. Allow construction of power line facilities to the site
from existing facilities on the reservoir site.
6. Permit AirTouch ingress and egress to the Property to
conduct such surveys, structural strength analysis, subsurface
boring tests and other activities of a similar nature as AirTouch
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may deem necessary. All such activities shall be at the sole
expense of AirTouch. AirTouch agrees to hold District and the
Property free and harmless from any cost, claims and damages,
actual or asserted, including costs of investigation and/or defense
thereto connected in any way with said activities.
7. District and its agents and contractors shall have the
right to enter the Premises upon forty-eight (48) hours advance
notice to AirTouch, during reasonable business hours and when
accompanied by personnel of AirTouch, for the purpose of making any
necessary alterations or repairs as provided in this License
Agreement. In the event of an emergency, the notice requirement
will be waived.
8. All notices under this License Agreement shall be in
writing and, unless otherwise provided herein, shall be deemed
validly given if sent by certified mail, return receipt requested,
or via recognized overnight courier service, addressed as follows
(or to any other mailing address which the party to be notified may
designate to the other party by such notice). All notices properly
given as provided for in this section shall be deemed to be given
on the date when sent. Should District or AirTouch have a change
of address, the other party shall immediately be notified as
provided in this section of such change.
AIRTOUCH: DISTRICT:
AirTouch Cellular Carlsbad Municipal Water District 5355 Mira Sorrento Place 5950 El Camino Real Suite 500 Carlsbad, CA 92008 San Diego, CA 92121 Att: Robert J. Greaney Att: Real Estate Dept. General Manager
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with a copy to:
AirTouch Cellular Office of the City Attorney P. 0. Box 19707 1200 Carlsbad Village.Drive Irvine, CA 92713-9704 Carlsbad, CA 92008 Att: Legal Dept. Att: Ronald R. Ball, Esq.
The parties have executed this Agreement as of the date
affixed after the signature of the party.
Dated: Dated: 12/20/95
AIRTOUCH CARLSBAD MUNICIPAL WATER DISTRICT
BY: I@kY J. HOBBS ROBERT J. Vice President and General General Manager "
Manager of San Diego and Imperial Counties
Dated: /; .’ .’ -,5 Dated: / - 7-5% 1 d
Assistant Secretary Exekkive Manager Carlsbad Municipal Water District
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PLANNING COMMISSION RESOLUTION NO. 37%
A RESOLUTION OF THE PLANNING COh4MISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONSTRUCT A CELLULAR
COMMUNICATION FACILITY ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF ALGA ROAD BETWEEN
EL FUERTE AND XANA WAY.
CASE NAME: LA COSTA CELL SITE
CASE NO: CUP 94-11
WHEREAS, a verified application has been filed with the City of Carl&ad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as provided by Chapter 2 1.42 of the Carl&ad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 15th day of March, 1995, hold a duly noticed public hearing to consider
said application on property described as:
A parcel of land being a portion of Parcel 4 of Parcel Map No.
10179,filedintheOfficeoftheCountyRecorderoftheCountyof
San Diego, State of California, being a portion of Section 30, Township 12 South, Range 3 West, San Bemardino Meridian, in
the City of Carl&u& County of San Diego, State of California.
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 alI factors
relatingtoCuP9411.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of CM&ad as follows:
A) That the foregoing rezitations are true and cmect.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 94-11, based on the following findings and subject to the
following conditions:
. . .
EXHIBIT "1"'
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Findin@:
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4.
That the requested use is desirable for the development of the community as it will
provide an additional level of service to the community, is essentially in harmony with
the various elements and objectives of the general plan as the facility will help “provide
for emergency response during and after catastrophic events” and will help “optinke
the orgauizatiou and delivery of emergency services”, 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 1.53 acre site is adequate iu size and shape to locate tbe three hundred and
sixty square foot communication facility building and antenna platform;
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. The existing landscaping is adequate to screen the
facility from distant views;
That the street system serving the proposed use is adequate to properly handle all traf’frc
generated, for routine maintenance visits, by the proposed use.
Conditions:
1.
2.
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4.
5.
6.
Approval is granted for CUP 94-l 1, as shown on Exhibit(s) “A’ - “B’, dated March 15,
1995, 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 sire plan shall reflect the conditions
of approval by the City. The plan copy shall be submitted to the Planning Director and
approved prior to building, grading, fina map, or improvement plan submittal, whichever
occurs first.
This project shall comply with all conditions and mitigation measures which may be
required as part of the Zone 11 Local Facilities Management Plan and any amendments
made to that Plan prior to the issuance of building permits.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
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 substantial
PC RE!30 NO. 3756 -2-
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7.
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negative affect on surrounding properties or the public health and welfare. lf the Planning
Director determines that the use has such substantial negative effects, the Planning
Director shall 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 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. The Planning Commission may not grant such extension, unless it fmds
that there are no substantial negative affects on surrounding land uses or the public’s
health and welfare. If a substantial negative affect 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.
Prior to the issuance of the Conditional Use Permit Developer shall submit to the City a
Notice of Restriction to be filed in the office of the County Recorder, subject to the
satisfaction of the Planning Director notifying all interested parties and successors in
interest that the City of Carl&ad has itied a Conditional Use Petmit by Resolution No.
3756 on the real property owned by the de&rant. Said Notice of Restriction shall note
the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The City’s final decision maker for the project has the authority
to allow the developer to execute and record an amendment to the notice which modifies
or terminates said notice upon a showing of good cause.
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.
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.
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.
In the event that similar telecommunication facilities wish to locate on the subject
property in the future, Air Touch Cellular shall not object to the installation and operation
of such facilities unless such facilities are technically incompatible with Air Touch
Cellular’s facility. Additional telecommu.nication facilities must obtain separate City
Permits (i.e. CUP) prior to locating at the subject site.
PC FtESO NO. 3756 -3-
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12. Tbe antennas permitted by this Conditional Use Permit are thirty directional cellular
antennas, six omni directional whip antennas not to exceed frfleen feet in length, four
digital radio dish antennas not to exceed eight feet in diameter.
13. Any additional antennas shall require an amendment to the Conditional Use Permit.
14. A hold harmless agreement to the satisfaction of the City Attorney and Planning Director
shall be submitted and approved prior to issuance of building permit.
PASSED, APPROVED, AND ADOFI’ED at a regular meeting of the Planning
Commission of the City of Carl&ad, California, held on the 15th day of March, 1995, by the
following vote, to wit:
AYES: Chairperson Welshons; Commissioners Erwin, Monroy, Nielsen,
Noble, and Savary.
NOES: None.
ABSENT: None.
ABSTAIN: Gxnmissioner Compas.
. KIM WELSHON& C&person
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H?%ZMI!&.ER
PLANNING DIRECTOR
PC RI30 NO. 3756
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PLANNING COMMISSION RESOLUTION NO. 3755
A.RESOLUTION OF THE PIANNIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA APPROVING A
NEGATIVE DECLARATION FOR A CONDITIONAL USE
PERMIT TO CONSTRUCT A CELLULAR
COMMUNICATION FACILITY ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF
ALGA ROAD BETWEEN EL FUERTE AND XANA WAY.
CASE NAME: LA COSTA CELL SITE
CASE NO: CUP 94-11
WHEREAS, the Planning Commission did on the 15th day of March, 1995,
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, examinin g the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby APPROVES the Negative Declaration according to
Exhibit “ND”, dated January 30, 1995, and ‘PII”, dated January 24, 1995,
attached hereto and made a part hereof, based on the following findings:
Findinesl:
1.
2.
The initial study shows that there is no substantial evidence that the project may have
a significant impact on the environment.
w
The site has been previously graded and developed pursuant to an earlier
environmental analysis.
3. The streets are adequate in size to handle traffic generated by the proposed project.
4. There are no sensitive resources located onsite or located so as to be significantly
impacted by this project.
EXHIBIT "A" :i q’ I
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PASSED, APPROVED, AND ADOFI’ED at a regular meeting of the/
Planning Commission of the City of Carlsbad, California, held on the 15th day of March,;
1995, by the following vote, to wit:
AYES: Chairperson Welshons; Commissioners Erwin, Monroy, Nielsen,1
Noble, and SavaIy. !
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Compas.
KIM WlkSHONS, Chairperson
ATTEST
CARLSBADPIANNIN G-COMMISSION
MICHAEL kj/IOL
PLANNING DIRECTOR
I 5
I PC RJ30 NO. 3755 -2-
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: Generally located on the south side of Alga Road
between El Puerte Street and Zana Way. The
project is located adjacent to the La Costa High
Reservoir. Assessors parcel Number: 223XM-39
PROJECT DESCRIPTION: ckmstruction of a three hundred and sixty square foot
cellular equipment building with adjacent forty feat cellular
antenna system with up to thirty directional antennas, six
cellular omni directional whip antennas and four digital
radio dish antennas.
The City of Carl&d has conducted an en vironmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of &l&ad. As a result of said review, a
Negative Declaration (declaration that the project will not have a significant impact on the
environment) is hereby issued for the subject project. Justification for this action is on file in
the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Deprtment, 2075 Las Palmas Drive, Carl&ad, California 92009. Comments from the public are
invited. Please submit cmments in writing to the Planning Department within 20 days of date
of issuance. If you have any questions, please call Van Lynch in the Planning Department at
(619) 438-l 161, extension 4325.
DATED: JANUARY 30.1995
CASE NO: cuP94-11
CASE NAME: LA COSTA CELL SITE .
PUBLISH DATE: JANUARY 30.1995
MICHAEL J. i#OLZl@-ILLER
Planning Director
,-
2075 Las Palmas Drive l Carlsbad. California 92009-l 576 - (619) 438-l 161 @
ONMENTAL IMPACT ASSESSMENT FOR&( - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CUF 94-l 1
DATE: Januarv 24. 1995
BACKGROUND
1. CASE NAME: LA COSTA CELL SITE
2. APPLICANT: AIRTOUCH CELLULAR
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5355 Mira Sorrento Place #500
(6 191-625-7656
4. DATE EIA FORM PART I SUBMITTED: October 14.1994
5. . PROJECT DESCRIPTION: Construction of a three hundred and srxtv sauare foot cellular eau’lxnent
building with adiacent fortv foot cellular antenna svstem with ~0 thirtv directional cellular aniennas, . six cellular omni directional whit antennas and four ditital radio dish antennas o wobertv nenerallv
located South of Alga Road and East of El Fuerte Street . nt to a site knok as the La Costa adrace
High Reservoir.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental
Impact A ssesgnent to determine if a project may have a significant effect on the environment. The Environmental
ImpactA ssessment appears in the following pages in the form of a checkI%. This checklist identifies any physical,
biological and human factors that might be impacted by the propo& project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration.
* A Negative Declaration may be prepred if the City perceives no substantial evidence that the project or any of
itsaspectsmaycauseasignificanteffectontheen vironment. On the checklist, “NO” wilI be checked to indicate
this determination.
* AnEIRmustbepregatsdif~Citydeterminesthatthereissu~~evidencethatanyaspectoftheproject
may cause a &nificar& effect on the environme nt. The project may qualify for a Negative Declaration however,
if adverse impacts are mitigated so that environmental effects can be deemed j&n.ifrcant. These fkdings are
shown in the checklist under the headings ‘YES-sig” and “YES-insig’ mspcctively.
A discussion of potential impacts and the proped mitigation meesuresappearsattheendoftheformunder
DISCUSSION OF ENVIRONMENTAL EVALUATION. particular attention should be given to discussing
mitigation for impacts which would otherwise be determined sign&ant.
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. PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Result in unstable earth conditions or
increas the exposure of people of property
to geologic hazards?
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
Result in substantial adverse effects on
ambient air quality?
Result in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the c-ours or flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface
water, ground water or public water supply?
Substantially increase usage of cause
depletion ofTIny natural resources?
use substantial amounts of fuel or energy?
Alter a significant archeological,
paleontological of historical site,
structure or object?
NO
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X
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x
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;I. BIOLOGICAL ENVIRONMENT
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WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
12.
13.
14.
15.
16.
Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area,
or a banier to the normal replenishment of
existing species?
Reduce the amount of acreage of any agricultural crop or affect prime, unique
or other farmland of state or local
iUlpOftiilW?
Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an
area,orresultinabaniertothe
migration or movement of animals?
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECI’LY OR INDIRECTLY:
17. Alterthepresentorplannedlandwe
ofanarea?
18. substantially afred public utilitim
schools, police, fire, emergency or other
public services?
NO
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NO
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L’. HUMAN ENVIRONMENT
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WILL THE PROPOSAL DIRECILY OR INDIRECTLY:
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20.
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24. Affect existing housing, or create a demand
for additional housing?
25. Generate substantial additional tfaflic?
26. Affect existing parking facilities, or
create a Large demand for new parking?
27.
28.
29.
30.
31.
32.
Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
Increase existing noise levels?
Produce new light or glare?
Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substantially alter the density of the
human population of an area?
Impact existing WtsporQtion systems or
alter present patterns of cimulation or
movement of people and/or goods?
Alter waterborne, rail or air traffic?
Inmase~chazardstolnotor
vehicles, bicyclists 01 pedes&~?
Interfere with emergency response plans or
emergency evacu&m plans?
Obstructanyscenicvistaorcreatean
aesthetically offensive public view?
Affect the quality or quantity of
existing nxreational oppormities?
NO
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MANilATORY . FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECl-LY OR INDmLY:
33. Does the project have the Fential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory.
34. Does the project have the potential
to achieve short-term, to the dis- advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
35. Does the project have the possible environmental effects which are in-
dividually limited but cumulatively
umsiderabk? (‘Cumulatively con-
siderable” means that the incremental
effects of an individual prow are
considerabk when viewed in connection
withtheeffectsofpastpfojects,the
effects of other current projects, and
the effects of probebk future projects.)
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indimxly?
NO
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“‘DISCUSSION OF ENVIRONMENTAL EVALUATION
The project involves constructing a three hundred and sixty square foot masonry cellular equipment building with
an adjacent forty foot cellular antenna system. ‘Ihe antenna would support up to thirty directional antennas, six omni
directional antennas and four digital radio antennas. A bulk of the antennas would be located at the forty foot level
and the overall antenna height would be fifty feet. The site for the building and monopole has been previously
disturbed by the grading and construction of an adjacent water reservoir. The area is currently covered with non-
native grasses and ornamental trees. Based on field investigations by staff, the site was found not to contain any
significant environmental resources and the project should have no significant adverse environmental impacts. .
PHYSICAL ElWIRONMENT
The proposed project would not have potentially significant impacts on the human environment. No grading is
pqosed as part of the project. The site has been previously disturbed. There are no beach sands, rivers, or
streambeds on the site. Adverse effects on the ambient air quality would be of small incremental nature for the
building and antenna. Neither air movement or temperature would be effected by this project. The City’s cultural
resource inventory reveals no significant examples of history or prehistory within the project area
BIOLOGICAL EIWIRONME$4T
The portion of the site to be developed has been previously disturbed and contains no native vegetation. The site
does contain non-native grasses and ornamental trees including eucalyptus. Adjacent to the project is an existing
water reservoir. The land surrounding the site is currently vacant. The General Plan designates the area for
Residential Low, (RL) for low density residential development. The project presents no threat of introducing new
species into a naturaI area. It also presents no threat to the migration/movement of native animals since the project
is within the existing fenced area of the water reservoir.
HUMAN ElWIRONMENT
The project would not result in a significant increase in noise or glare. Being a remote site, there would not be any
noise impacts. No risk of explosion is anticipated with the construction of the building or antenna. The project
would not significantly alter the population density or create a demand for additional housing. The traffic generated
for this project is insignifIcant at less than two trips per day. There is the potential for the monopole and antenna
to be aesthetically offensive as it would be visible from the surnx&mg areas. ‘Ihe Conditional Use Permit has
therefore been conditioned to require the painting of the monopole and antennas with a color to blend with the
surroundings as best possible. Given the above mitigation, the projects’ possible impact to public views and scenic
vistas is below a level of significance.
IANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS;
a) Phased development of the project,
b) alternate site designs,
c) alternate scale of development,
d) alternate use-s for the site,
e) development at some future time rather than now,
f) alternate sites for the pmposed project, and
g) no project altemative.
It has been detemined through this initial study that this project will not have any significant adverse impacts.
Therefore an alternatives analysis is not warranted nor required.
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i’ DETERMINATION (To Be Completed By The Planning Department) .
On the basis of this initial evaluation:
x I find the proposed project ‘COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
- I find that the proposed project COULD NOT have a significant effect on the environment, because the
environmental effects of the proposed project have already been considered in conjunction with previously
certified environmental documents and no additional environmental review is required. Therefore, a Notice
of Determination has been prepared.
- I find that although the proposed project could have a sign&ant effect on the environment, there will not be
a sign&ant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative Declaration will be proposed.
- I fmd the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
/-2y-rr
Date Signat&
LIST MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM IIF APPLICABLE)
_-
c
: APPLICANT CONCUR&NCE? WITH MITIGATING JbfEAS~
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MJZASUIES AND CONCUR WITH THE ADDITION OF THJZSE MEASURE23 TO THE PROJECT.
Date Signature
VL:lh
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LA COSTA CELL SITE I CUP 1 EXHIBIT
AIR TOUCH CELLULAR 94-l 1 ” B”
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1) /---A
AIRTOUCH'"
Cellular
mti @4& cLyyl% \+J+ ,oe
EQUIPMENT BUILDING
WITH MONOPOIX
‘I I1c ,,vu 1,,,111~ ,lbl I’.IC I cl
Equipment Building Dimensions
(12’ W x 30’ D x IO’ H)
% K
SO’ Monopole