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HomeMy WebLinkAbout1993-09-20; Parks & Recreation Commission; 993-5; Chase Field/US West Cellular RequestPARKS & RECREATION COMMISSION - AGENDA BILL g o enJffi OO E: CHASE FIELD/U.S. WEST CELLULAR REQUEST (ACTION) RECOMMENDED ACTION: Consider an alternative location for a previously approved site for the installation of a cellular antenna and an ancillary structure/facility at Chase Field. Direct staff accordingly. ITEM EXPLANATION: During the April 1993 meeting, the Parks and Recreation Commission approved (6-1) a request by U.S. West Cellular to lease a portion of Chase Field in order to provide a mobile phone antenna and ancillary structures/facilities (Exhibit 1). Subsequent to the Commission's action, the issue was presented to the Planning Commission in order to receive a Conditional Use Permit. As a result of public comment and Planning Commission discussion (Exhibit 2), the Commission continued the issue until October 6, 1993. This action will allow for additional consideration by staff and the Parks and Recreation Commission to evaluate alternate proposals and/or sites for location of the equipment (Exhibit 3). Staff will provide a verbal update on this issue for the Commission's consideration. FISCAL IMPACT: Under terms of the proposed lease agreement, the City would receive $9,600 annually in lease payments from U.S. West Cellular with provisions for an increase to that amount in subsequent years (Exhibit 1). The City would also receive the benefit of permanent building and storage facilities. EXHIBITS: 1. Parks and Recreation Commission AB #493-5 2. Planning Commission Minutes - September 1, 1993. 3. Summary Report/Planning Commission - September 1, 1993 021 PARKS & RECREATION COMMISSION - AGENDA BILL TITLE: ED ACTION: REQUEST TO LEASE PROPERTY/CHASE FIELD (ACTION) Consider a request by U.S. West Cellular to lease a portion of Chase Field. If the Commission concurs, direct staff to proceed to City Council for further approval. ITEM EXPLANATION; The City has received a request from U. S. West Cellular to lease a portion of Chase Field for the purpose of providing a mobile phone facility (Exhibit 1). As outlined in the Draft Lease Agreement (Exhibit 2), the direct benefit to the City would be receipt of annual lease payments of $9,600. In addition, the City would be provided with a permanent 240 square foot storage structure which would replace the existing cargo container currently located at the site. In a memo from the Parks Superintendent (Exhibit 3), he is recommending approval of the mobile phone facility. Staff will give a presentation to the Commission and provide greater detail and project description. EXHIBIT; 1. Memo to Parks and Recreation Director - January 28, 1993/U.S. Cellular Request 2. Memo to Parks and Recreation Director - March 17, 1993/Propose (Draft) Lease 3. Memo from Park Superintendent - April 12, 1993 022 EXHIBIT 1 0 2 !992 January 28, 1993 TO: DIRECTOR PARKS AND RECREATION FROM: Utilities and Maintenance Director CHASE PARK - PROPOSED LEASE FOR U.S. WEST CELLULAR SITE Attached is a proposal from U.S. West Cellular for a lease at Chase Park for a mobile telephone acility. I have informed Frank Mannen of U.S. West's interest and assigned Chuck Walden to manage this project. Chuckias been coordinating our efforts with Doug Duncanson of your staff. We have submitted the'praposal to Planning for their review and we will keep you informed of our progress. If you kaye^any questions, please don't hesitate to call me. RWA/CW:kq c:Assistant City Manager MEM9308S.FM U S WEST Ollular of California. Inc. : '35 -:!H A^on^e San 0 eqo Ca.i'O'-a 32'C3 LIWVEST CELLULAR December 28, 1992 Mr Chuck Walden City of Carlsbad 405 Oak Avenue Carlsbad, California 92008 Re: Chase Park Cell Site Proposal Dear Mr. Walden: Pursuant to our meeting on December 21, 1992, the following proposal is submitted for you- review and action. USWEST Cellular of California, Inc. desires to enter into a lease with the City of Carlsbad on a portion of property known as Chase Field in the City of Carlsbad for the construction of a mobile telephone facility. The property is currently improved with park and recreation facilities consisting of baseball fields and associated improvements. Initial testing of the site for a mobile telephone facility (cellular telephone) was conducted with your approval to determine the suitability of the site for the intended use. The site was found to satisfy USWEST's needs and expectations. USWEST proposes to construct a facility consisting of a single story equipment shelter (12' x 36') and a 70 foot tall monopole antenna structure to be solely used by USWEST. The monopole shall replace an existing 55 foot tall light standard currently used to light the non .erly baseball field. The existing lighting fixtures shall be reattached to the monopole at the current elevation. Please find the attached exhibits which illustrate our proposal and proposed lease area location. The site currently supports a large metal storage unit utilized by the city. As part of the consideration for the lease, USWEST shall construct a permanent storage structure consisting of approximately 288 square feet M2' x 24') to replace the metal storage unit. The proposed storage structure shall not be utilized by USWEST and will be constructed for the benefit of the City of Carlsbad. Additionally, USWEST shall pay to the City of Carlsbad, or other such entity as designated by the city, an annual rental $9,600.00, paid monthly for an initial term of 5 years. USWEST shall have the right to extend the lease for 4 additional 5 year periods with annual rents increased by 3% for each 5 year term. 024 USWESTs ability to use the property and obligation to pay rent shall be contingent upon its obtaining, after the execution date of the lease, all certificates, permits, and other approvals that may be required by any federal, state, or local authorities. As we have discussed, I am not familiar with the city's procedures in processing this matter Therefore, after your review and internal discussions with appropriate city personnel, please advise me as to the proper channels of submittal and contact. Thank you for your consideration in this matter. I believe that by locating our facility on Chase Field, rather than privately owned property, we will be able to provide our cellular telephone users with outstanding service and direct improvements and rents to the City of Carlsbad for the public benefit. Please do not hesitate to call if you have any questions or concerns. Sincerely, USWEST Cellular of California, Inc. / Lawrence R. Doherty Regional Real Estate Manager SDGC ARLSB AD - Assessor's Map No. 204-19-193 CHASE FIELD. CORNER OF CHESTNUT AVE A JEFFERSON ST. CARLSBAD, CA, 92008 USWEST REGIONAL MCM. ESTATE MANAGEMENT • CAUFOKNtA REGION RECEIVED MAR 2 3 1392 March 17, 1993 TO: PARKS AND RECREATION DIRECTOR FROM: Utilities and Maintenance Director CHASE FIELD LEASE FOR U.S. WEST CELLULAR SITE Enclosed is the draft copy of the lease and site plan for the U.S. West Cellular site at Chase Field. As you may recall, U.S. West wants to construct a small building to house their communication equipment and replace the left field foul pole with a 70' antenna. The field lights would be remounted on the antenna. In addition, they would construct a permanent storage facility for the City that would replace the existing metal storage container. Approval of the lease would result in annual revenues of $9600 for rent to the City. Chuck Walden is managing this project and has been coordinating our efforts with Doug Duncanson. Chuck has informed me that this issue needs to be submitted to the Parks and Recreation Commission. Since U.S. West is anxious to process this lease, which is contingent upon obtaining a C.U.P. and all required governmental approvals, we would like to have this project considered at the next scheduled commission meeting on April 19. Chuck would be happy to attend the meeting and provide any backup information you deem necessary. Pending Commission approval, we would like to submit the lease for Council consideration on April 27th. The City Attorney and Planning Department have already reviewed the lease/proposal. U.S. West is preparing the application for the C.U.P. now and will be submit upon Council approval. I believe this is a good opportunity uo generate additional revenue for the City and obtain a permanent-storage facility at Chase Field in the process. If you have any questions or require admtional information, please contact Chuck Walden and he will assist you. c: Assistant City Manager 028 SPG CARLSBAD LEASE AGREEMENT This Agreement, made ; , 1992, between CITY OF CARLSBAD, hereinafter referred to as "LESSOR", and US WEST CELLULAR OF CALIFORNIA. INC.. 3350 161st Avenue Southeast, P. 0 Box 91211, Bellevue, Washington 98009-2211 hereinafter referred to as "TENANT". RECITALS 1. LESSOR is the owner of certain real property located in City of Carlsbad. County of San Diego, State of California, and; 2. TENANT desires to lease a portion of said real property, the leased portion of which shall be hereinafter referred to as "Property", including rights-of-way and easements for ingress, egress and Utilities thereto, containing approximately 2700 square feet, described on Exhibit "A", and its subparts, attached hereto and incorporated herein by this reference. LEASE AGREEMENT 1. LESSOR hereby leases to TENANT that certain parcel of property (hereinafter "Property") containing square feet situated on Assessor's Parcel Number 204-19-193. City of Carlsbad, County of San Diego. State of California, together with the non-exclusive right for ingress and egress, seven (7) days a week, twenty-foui (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wire cables, conduits, and pipes over, under, or along a twenty (20) foot wide right-of-way and easement extending fror the nearest public right-of-way Chestnut Avenue to the demised premises. LESSOR agrees, without delay, to execute any such easement documents as may be required by any and all utility companies in connection with TENANTS use of said Property. Said Property, right-of-way and easement for ingress, egress and utilities are described herein in Exhibit "A", and its subparts, attached hereto and made a part hereof by this reference. 2. LESSOR also hereby grants to TENANT the right to obtain metes and bounds legal description and/or a survey of said Property, and said metes and bounds legal description and/or survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it a Exhibit MA", and its subparts. Cost of such work shall be paid by TENANT. 3. This Agreement shall be for an initial term of five (5) years, commencing upon written notification by( TENANT to LESSOR of TENANTS receipt of all governmental approvals (the "Commencement Date'"), at an annual rental of Nine Thousand Six Hundred Dollars ($ 9.600.00) to be paid in equal monthly installments on the first day of each month, in advance, to Citv of Carlsbad or to such other person, firm, or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. 4. TENANT shall have the right to extend this lease for two (2) additional five (5) year terms by giving the LESSOR written notice of its intention to do so at least six (6) months prior to the end of the then current term. fa). In addition, this lease may be extended for two (2) additional five (51 year terms (third and fourth extension) upon written approval bv both TfcNr-iNT and LESSOR, lbNANT shall provide LESSOR written notice of TENANTS request for said additional term at least twelve (12) months prior to the end of the then current term LESSOR shall provide to TENANT written approval or disapproval for said requested additional term within two (2) months of the receipt of TENANTS written request for said additional term. 5. The annual rental for the first five (5) year extension term shall be increased to Eleven Thousand Forty Dollars ($11.040.00): the second (2nd) five (5) year extension term shall be increased to Twelve Thousand SW Hundred Ninety Six Dollars ($ 12.696.00V the third (3rd) five (5) year extension term shall be increased to Fourtet Thousand Six Hundred Dollars ($14.600.001: and the fourth (4th) five (5) year extension term shall be increased tc Sixteen Thousand Seven Hundred Ninety Dollars fS16.790.OOV 6. If, at the end of the fourth (4th) five (5) year extension term, this Agreement has not been terminated by either party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms, and conditions, and at tt rental specified for the fourth (4th) five (5) year extension term, for a further term of one (1) year and for annual terms thereafter until terminated by either party giving to the other written notice of its intention to so terminate a least six (6) months prior to the end of such term. 7. TENANT shall use the Property for the purpose of constructing, maintaining, and operating a Mobile Communications Facility and uses incidental thereto, consisting of one (1) building of approximately 432 square feet and one (1) antenna structure of approximately 70 feet in height, including cellular antennas, link anten^ar all necessary connecting waveguide and appurtenances. The contents of said building shall include, without 'J3U -2- limitation, radio transmission and computer equipment, and emergency battery and generator equipment. A securitv ;nce consisting of chain link construction or similar, but comparable, construction may be placed around the perimeter of the Property (not including the access easement). All improvements shall be at the TENANT'S expense. TENANT shall maintain the Property in reasonable condition. It is understood and agreed that TENANT'S ability to use the Property is contingent upon its obtaining, after the execution date of this Agreement, all the certificates, permits, and other approvals that may be required by any federal, state, or local authorities. LESSOR shall cooperate with TENANT in its efforts to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by TENANT. In the event that any of such applications should be finally rejected or any certificate, permit, license, or approval issued to TENANT is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that TENANT, in its sole discretion, will be unable to use that Property for its intended purposes, TENANT shall have the right to terminate this Agreement. Said termination right shall also apply in the event that TENANT is otherwise, within its sole discretion, precluded from using the Property for its intended purpose. Notice of the TENANTS exercise of _its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by the LESSOR as evidenced by the return receipt. All rentals paid for the lease of the Property to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall become null and void and all the parties shall have no further obligations, including the payment of money, to each other. (aV In addition to TENANTS described Mobile Communications Facilities. TENANT shall construct, at TENANT'S expense, for the sole use bv the LESSOR, or other party or parties which LESSOR mav designate for time to time, one (H building of approximately 240 square feet. Construction of said building shall be similar in appearance to the exJ«tM*> building located on the property and shall be constructed with adequate electrical wiring and fixtures, and shall not be constructed with any plumbing facilities or fixtures. All necessary certificates, permits and other approvals that mav be required by any federal, state, or local authorities shall be the responsibility of TENANT. (bV From time to time during the term of the lease as set forth in this agreement. LESSOR mav. at .ESSOR'S sole expense, require TENANT to relocate TENANTS described Mobile Communications Facilities pursuant to this agreement to another location on the LESSOR'S orooertv within the same geographical. LESSOP - >J3i -3- shall provide TENANT with m building of approximately 432 square feet and similar space for the relocation (11 antenna structure of approximately 70 feet in height, including cellular antennas, link antennas and all nece((Ey connecting waveguide and appurtenances. 8. TENANT shall indemnify and hold LESSOR harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property by the TENANT, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of the LESSOR, its servants or agents. 9. TENANT shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the TENANT . his agents, representatives, employees or subcontractors. Said insurance shall meet the LESSOR'S policy for insurance as stated in Resolution No. 91-403. (aV COVERAGE AND LIMITS - TENANT shall maintain the types of coverage and minimum limits indicated herein: 1. Comprehensive General Liability Insurance: SI.000.000.00 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit.i^ separate aggregate in the amounts specified shall be established for the risks for which the LESSOR or its agents, officers or employees are additional insureds. 10. TENANT will be responsible for all utilities required by its.use of the Property. TENANT shall pay any real estate taxes levied against Property and the improvements constructed thereon by TENANT. 11. TENANT, upon termination of this Agreement, shall, within a reasonable period, remove its personal property and fixtures and restore the Property to its original condition, reasonable wear and tear excepted. If suet time for removal causes TENANT to remain on the Property after termination of this Agreement, TENANT shall pay rent at the then existing monthly rate or the existing monthly pro-rata basis if based on a longer payment term until such time as the removal of personal property and fixtures is completed. At LESSOR'S option when this Agreement is terminated, and upon LESSOR'S advance written notice to TENANT. TENANT will leave the foundation, building^ and security fence to become the property of LESSOR- or at the discretion of the LESSC shall be removed bv TENANT. U32 LESSOR will provide TENANT with a Non-Disturbance Agreement in recordable form for each such mortgage 22. LESSEE shall indemnify, defend and hold LESSOR harmless from and against any claim, cost, expense (including reasonable attorney's and consultant's fees), damage, penalty, or liability imposed upon LESSOR resulting from the treatment, storage, generation, release or disposal of any substance by LESSEE, its agents, contractors or employees, on, under, in, or about the Property which substance is designated as hazardous, dangerous, toxic, or harmful and/or subject to regulation under federal, state or local law, regulation or ordinance ("Hazardous Substances"). 23. The rights and obligations of the parties as set forth in paragraph number 22 shall survive the termination of this agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: City of Carlsbad By: Its: SS # or Taxpayer ID# TENANT: US West Cellular of California, Inc. By Its 1 Oo -7- State of California County of On before me. personally appeared _(here insert name and title of officer) personally Known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instilment 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 instument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. WITNESS my official hand and seal. Signature (Seal) State of California County of On : before me, _(here insert name and title of officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instument and acknowledged to me that he/she/they executed the sanw in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instument the person(s). or the entity upon behalf of which person(s) acted, executed the instrument. WITNESS my official hand and seal. Signature ; (Seal) •J34 EXHIBIT "A" PAGE 1 of 2 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 32, INCLUSIVE IN BLOCK 61 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1887. TOGETHER WITH ALL THE ALLEY LYING WITHIN SAID BLOCK 61 AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION RECORDED APRIL 18, 1930 IN BOOK 1755, PAGE 287 OF DEEDS. ALSO TOGETHER WITH THE SOUTHEASTERLY HALF OF CHESTNUT AVENUE ADJACENT TO AND ADJOINING THE NORTHWESTERLY LINE OF SAID BLOCK 61, AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 265, RECORDED JUNE 24, 2957 IN BOOK 6633, PAGE 230 OF OFFICIAL RECORDS. PALM EXHIBIT "A-1" Assessor's Parcel No. 204-19-193 AVENUE Page 2 of 2 Htd Cd Q*H O 2 Zo CHESTNUT 036 AVENUE - April 12, 1993 TO: SENIOR MANAGEMENT ANALYST FROM: Parks Superintendent MOBIL TELEPHONE FACILITY AT CHASE FIELD U.S. West Cellular of California has proposed leasing approximately 1,152 square feet of space a the Chase field site (see attached). This request is for equipment storage structure and antenna which would be mounted to a new light pole. The location of this structure would be near the north west corner of the complex where the existing storage container is currently located. U.S. West Cellular's proposal also include rent to the City, in the amount of $9,600 annually. Another item included in their request is the construction of a permanent 240 square ft. storage structure for the cities sole usage as well as a 430 square ft. equipment storage structure for U.S. West Cellular. Recommendation The Parks staff feels this structure would be satisfactory and approval should be given. Discussion The construction of this facility should not have any maintenance impacts to the Parks division. Graffiti, an existing problem, will continue to be a concern at this location. The size of the structure may deter this area as a "hang-out" (loitering area). Some of the concerns that staff feels should be addressed in the contract are: vandalism responsibility, graffiti removal and/or hold harmless clause. There currently is another cellular antenna facility on Basswood adjacent to the football field at Carlsbad High School. We have contacted Carlsbad High's maintenance staff regarding the structure at their site and found there were no problems related to that facility. If there are any concerns which you feel should be addressed regarding this complex please contact me or Chuck Walden, of Utilities Maintenance at extension 4109. )OUG DUNCANSON ck c: Parks and Recreation Director \wp51\doug\memos\cellular.rqs Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 P.M. Date ot Meeting: September 1, 1993 Place of Meeting: CITY COUNCIL CHAMBERS CALL TO ORDER: Chairman Noble called the Regular Meeting to order at 6:08 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Commissioner Betz. ROLL CALL: Present: Chairman Noble. Commissioners Betz. Erwin, Hall, Schlehuber, and Welshons Absent: Commissioner Savary Staff Present: Michael Holzmiller, Planning Director Gary Wayne. Assistant Planning Director Van Lynch, Planning Technician II Jeff Gibson, Associate Planner Bobbie Hoder, Senior Management Analyst Karen Hirata, Deputy City Attorney Bob Wojcik, Principal Civil Engineer Mike Smith, Fire Marshal Chuck WakJen, Utilities/Maintenance Evan Becker, Director of Housing & Redevelopment Debbie Fountain, Senior Management Analyst COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES: ACTION: Motion by Commissioner Erwin, and duly seconded, to approve the Minutes of the Regular Meeting of August 18,1993, as submitted. VOTE: 6-0 AYES: Chairman Noble, Commissioners Betz. Erwin, Had, Schlehuber, and Welshons NOES: None ABSTANfc None PUBLIC HEAMNG8: Chairman Noble advised each of the applicants that one Commissioner was absent and that they were entitled to be heard before a full Commission, if desired. Each applicant indicated their wish to go forward tonight. 1. CUP 93-03 - U. S. WE.S.T CELLULAR - CARLSBAD - Request for approval of a Conditional Use Permit to construct a cellular telecommunication facility and storage room on land generally located at Chase Field, on the southeast comer of Chestnut Avenue and Jefferson Street in the Open Space Zone, in Local Facilities Management Plan Zone 1. EXHIBIT 2 PLANNING COMMISSION September 1, 1993 RAGE 3 and, as a result of their concerns, U. S. West Cellular has developed an alternate plan which he believes would be more friendly to the neighborhood. Some of the negative comments he has heard are that U. S. West Cellular would be taking away the main picnic area and open space which is used daily for various activities. He felt this was a valid point and. therefore, would like to construct the equipment shelter building as an add-on to the existing snack bar, rather than erecting a separate building that would take away a large portion of picnic area. By adding on to the snack bar structure, the equipment building would be located in an area that does not get as much use. The Sea-Tainer box could also be eliminated which would create additional usable space at the park. U. S. West Cellular would be willing to work with the neighborhood in developing an anti-graffiti program. As an additional consideration, U. S. West Cellular would also be willing to eliminate the microwave dish from the antenna tower and have the telephone connection made through Pacific Bell to the facility. He has proposed these changes to the Barrio representatives but doesn't know if they have had an opportunity yet to discuss them with all of the neighbors. He hopes the proposed changes will be more acceptable to the neighborhood and if there are other concerns, he would like to hear about them. Mr. Doherty would be willing to accept a 2 week continuance in order to revise the drawings and bring them back to the Commission. Commissioner Erwin stated that he had visited the Pacific Bell site at the high school. Their microwave antenna is located high up on the platform. He would like to know if the height of the antenna tower could be reduced by using the telephone connection through Pacific Bell. Mr. Doherty replied that the shielded antenna on the platform need to stay at that elevation. The microwave dish is primarily a luxury. U. S. West Cellular can operate without it, but it would cost them more. Commissioner Erwin inquired if U. S. West Cellular would also be using omni antenna, similar to the those used at the high school. Mr. Doherty replied that they would not. Commissioner Erwin inquired why the height of antenna would have to be increased at any site other than Chase Field. Mr. Doherty replied that he has discussed this matter in depth with their engineer. There are many physical features in the terrain along the 1-5 corridor which block radio signals. If the signal is located on the east side of the freeway, it is not strong enough to provide the coverage that needs to be in place, if they strengthen the signal by turning up the power, it will interfere with other cellular signals in the area. The only other method to get a strong signal would be to raise the tower above the physical constraints of the terrain, so that the signal could pass over the top. Commissioner Erwin inquired about the RF energy being transmitted and if it will have any effect on the children playing in the are*. Mr. Ooherty replied that the FCC and other agencies have adopted the ANSI standard which is approximately 550 micro watts per centimeter squared. Compared to microwave ovens or CB radios, csNular transmissions have the smallest impact which only equals one to three percent of the maximum exposure* In effect, the energy stream is almost unreadable. Commissioner Erwin inquired if that 1 -3% is per call. Mr. Doherty replied that it is per channel. Cellular is basically broadcast on the FM spectrum. It is the same frequency used in television. Commissioner Erwin inquired if there could be any impacts of RF energy to people living in the area. Mr. Doherty replied that there are no impacts. Commissioner Erwin inquired if U. S. West Cellular would be willing to sign a hold harmless agreement to that effect. Mr. Doherty replied that he would have to speak with legal counsel. Commissioner Erwin gave Mr. Doherty some sample hold harmless wording which he can have his attorney review. 040 MINUTES PLANNING COMMISSION September 1, 1993 PAGES Commissioner Erwin inquired if, without the microwave dish, land lines would be used and if they would be sufficient for the public agencies using the system. Mr. Ooherty replied that a dish is preferable but they can live without it. It is inconceivable that all land lines would be incapacitated at the same time. Commissioner Erwin inquired if staff agrees with the changes that U. S. West Cellular is proposing. Mr. Lynch replied that he just found out about the changes today. He has not had a chance to review them. Chuck Walden, Facilities Manager, stated that he has reviewed the changes and discussed them with Parks and Recreation. Parks and Recreation feels it would be preferable to have one building rather than two because one would be easier to maintain. Utilities/Maintenance could also support having the equipment building near the snack bar. Chairman Noble inquired what would happen if- U. S. West Cellular decides to vacate the site. Mr. Ooherty replied that when a tenant builds a permanent addition on a property, it becomes their property until vacated, and then it reverts to the City. The proposed lease is for 20 years. Because technology is moving so rapidly, he doesn't know what the situation will be in 20 years. It is possible that a different type of antenna may be required by that time. Chairman Noble inquired how loud the generators would be. Mr. Doherty replied that a noise analysis was done and at 10 ft. away, the noise reached 70 decibels. For every foot you move back, the decibels drop off accordingly. This is why they tried to place the equipment building away from residences. Commissioner Erwin asked the applicant if a two week continuance will be enough time to do what needs to be done. Mr. Ooherty replied that he is willing to sit down with the neighbors and discuss the alternatives. Two weeks should allow him to do this as well as revise the drawings. Commissioner Welshons suggested that if this item is continued, she would like to see it go back through Parks and Recreation because the building change would be retrofitting the park. The agenda for the Parks and Recreation Commission closes on September 10th and their next meeting is September 20, 1993. She thinks the item would need to be continued to the Planning Commission meeting of October 6, 1993. Chairman Noble opened the public testimony and issued the invitation to speak. Ofelia Escobedo, 1611 James Drive, Carlsbad, addressed the Commission and stated that she and her sisters have a business on the comer of Roosevelt and Walnut, in the middle of the Barrio. They were disappointed to learn that the City had approved a 20 year lease with U. S. West Cellular, contingent on the Planning Commission's approval of a CUP. She would like the Commission to reconsider and find another site for this project a sit* that would not disrupt the Barrio community. A Barrio organization was formed some time ago and is working very hard with City officials to develop a comprehensive plan for the Barrio that would banatt the community at large. They want to make the Barrio a more attractive place to live. Barrio retideflMt* they have bean left out of the loop and the approval of this least reflects a lack of sensitivity towards them. The property owners in and around the project area feel it will take away what little is left of their park land. Approval of this project will also distract from the plans the Barrio organization is formulating. They need workable solutions and help from the City to improve the Barrio. She urged the Commission not to approve the project. Commissioner Erwin inquired if she feete this way even after hearing the changes Mr. Ooherty has proposed. Ms. Escobedo replied that she has not had time to discuss these changes with the other members of the Barrio organization. Commissioner Erwin inquired if she could accept a continuance. Ms. Escobedo replied that a continuance would enable the other nearby residents to consider the proposed changes. IJ 4 2 MINUTES PLANNING COMMISSION September 1, 1993 PAGE 7 combustible fuel. Would mere be a fence to keep children from getting too close? She is also concerned about the noise from air conditioners every time they turn on. She thinks the engineers should go back to the drawing board and modify the equipment, rather than modify the park to fit the equipment. Commissioner Hall addressed a question to Ms. Escobedo. He inquired if it would be possible during the next two weeks to give the alternate proposal some consideration. He feels it has some merit. The large wooden storage container would be eliminated and free up additional field space; there will be adequate storage space in the new equipment building; and the satellite dish would be eliminated. He thinks he has heard the alternate plan address many of the concerns she brought up. Ms. Escobedo replied that there is a Barrio meeting on Thursday, September 2nd, and maybe it could be discussed then. She is just one person and cannot speak for others. However, she stated that a significant factor in her opposition to the CUP is that she feete the Barrio residents should have been consulted before the City approved the lease. Mr. Doherty, U. S. West Cellular, was given an opportunity for rebuttal. He stated there were many points for him to try and answer. The fuel used in the generators would be diesel fuel. U. S. West Cellular considered a fence but the City did not want one. The air conditioner is a 5 ton capacity, which is the same kind that people use in their homes. It would make noise but would be located at least 50-80 ft. away from the nearest house, so nearby residents should not be bothered. Lights would be directed downward and would not reflect into adjacent homes. As far as alternate sites are concerned, the Tyler Street site is too far west and would not work. On other sites mentioned farther north, it would be difficult to transmit a strong signal without interference. Waves bounce off structures and hills. They have already tried east of the freeway and it didn't work. West of the freeway looks great. It would provide the service they need. Mr Doherty stated that he was happy to have had the opportunity to meet Ofelia and Kathleen. They spoke from their heart. He hopes they will have an open mind and work with him, so they can work together. If there is nothing U. S. West Cellular can do to satisfy the neighbors, there is nothing he can do. Commissioner Hall asked if the small park near the Shell station was analyzed. Mr. Doherty replied that their engineers were emphatic that any other site would require a significantly higher tower. Commissioner Hall referred to testing the generator 30 minutes once • month. He inquired under what scenario would the generators run 24 hours per day. Mr. Ooherty replied that the power would have to be out 5-6 hours. It would be extremely unusual it SOQ&E were not able to restore power within that time frame. If that should happen, it would probably be due to a major catastrophe like an earthquake or something comparable. In that case, generator noise would be the least of anyone's worries. Commissioner Batz inquired it any consideration had been given to using the school srte adjacent to Chase Field. Mr. Doherty replied that he had not discussed it withthe school district If the facility were placed on school property there would be no need for a CUP. He would gat a permit from the State architects office and nobodyjBguktltnow about it until it was built. Commissioner Erwin would Ilka the engineers to respond to the pros and cons of each alternative site which was suggested. If public safety is the concern, and the microwave antenna is needed for public safety, why can't it be done like Pacific Bell has done it at the high school. That antenna is almost invisible. There being no other persons desiring to address the Commission on this topic, Chairman Noble declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Hall wants to make sure he heard correctly, that if the facility were placed on school grounds across the street, it would not be necessary to hold a public hearing or process a permit. Gary 044 MINUTES PLANNING COMMISSION September 1, 1993 PAGE 3 Wayne, Assistant Planning Director, replied that any structures on school property can avoid the City permit process, assuming the school district gave their permission. Commissioner Schlehuber hopes the neighbors look at the positive side of the project. He thinks the Barrio plan should have some impact. However, he doesn't think enough study has been done yet. The Barrio residents should be cognizant that the school district might jump at the chance to earn some extra money. There are some advantages in having this at Chase Field because it would provide extra storage and get rid of the wooden shed they are now using. Residents of the Barrio should realize that the Planning Commission has to decide what is best for the entire City and not just the Barrio area. Chairman Noble stated that he could not support the project as proposed. He thinks it is setting a precedent of using park space for other than park purposes. It is possible that the next thing we might see is a McDonald's in our parks. There is not that much park land left in that area ot town. He realizes the project could be moved across the street to school land, and maybe that's where it should be. ACTION: Motion was made by Commissioner Erwin, and duly seconded, to continue CUP 93-03 to October 6,1993 to allow time for the applicant to meet with neighbors near the project site and also give staff adequate time to review any revisions to the project resulting from the neighborhood meetings. VOTE: 6-0 AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Schlehuber and Wetshons NOES: None ABSTAIN: None RECESS The Planning Commission recessed at 7:36 p.m. and reconvened at 7:47 p.m. 2. ZC 93-02/SDP 93-06/SUP 93-02/HDP 93-08 - VILLAS AT EL CAMINO REAL - Request for approval of a Conditional Negative Declaration, Zone Change, Site Development Plan, Special Use Permit, and Hillside Development Permit to change the zoning from Limited Control (L-C) to Residential Density-Multiple (RD-M), and to construct 344 affordable residential apartment units adjacent and west of El Camino Real, between Camino Vida Roble and Alga Road in Local Facilities Management Plan Zone 21. Jeff Gibson, Associate Planner, reviewed the background ot the request and stated that the applicant is requesting approval of a Zone Change, Site Development Plan, Special Use Permit, and Hillside Development to change the property zoning from Limited Control (L-C) to Residential Density-Multiple (RD-M), and to construct 344 residential apartment units, which would be affordable to low and very low income househoWs, adjacent to and west ot El Camino Real in Local Facilities Management Plan Zone 21. The project would contain one, two, and three bedroom apartment units ranging in size from 634 s.f. to i,052s.f. The buildings would be two and three story and have pink tile roofs. Within the project there would be two recreational areas with pools, an exercise room, a clubhouse, and a children's play area. The project has guest parking and car ports. The property is 21 acres in size and the project would be developed at a density of 17.6 du's/ac. This residential density is appropriate, given the location of the site adjacent to El Camino Real, which is a prime arterial that has bus service and is designed to handle high volumes of traffic. The site is also located close to the City's industrial park, which allows industrial park employees to live close to their work place. Providing higher residential density near large employment centers, and along major transit corridors such as El Camino Real, makes good planning sense by helping to reduce regional and local traffic congestion and air pollution. He then gave a slide presentation of the proposed project and surrounding area. J45- MINUTES SEPTEMBER 2, 1993 TO: MAYOR LEWIS MAYOR PRO TEM STANTON COUNCIL MEMBER KULCHIN COUNCIL MEMBER FINNILA COUNCIL MEMBER NYGAARD FROM: Planning Director SUMMARY OF PLANNING COMMISSION MEETING OF SEPTEMBER 1, 1993 1. CUP 93-03 - U.S. WEST CELLULAR - CARLSBAD - The request for approval of a Conditional Use Permit to construct a cellular telecommunication facility and storage room on land generally located in Chase Field on the southeast corner of Chestnut Avenue and Jefferson Street was continued to October 6,1993 to allow for additional consideration of alternate proposals and/or sites for location of the equipment (6-0 - Savary absent). 2. ZC 93-02/SDP 93-06/SUP 93-02/HDP 93-08 - VILLAS AT EL CAMINO REAL - By a 6-0 vote, the Commission recommended approval of a Conditional Negative Declaration, Zone Change, and Site Development Plan, and approved Conditional Use Permit and Hillside Development Permit to change the zoning from Limited Control (L-Q to Residential Density Multiple (RD-M), and to construct 344 affordable residential apartment units adjacent and west of El Camino Real, between Camino Vida Roble and Alga Road. MICHAEL J. HOLZMILLER Planning Director arb c: City Manager Assistant City Manager Assistant to the City Manager Department Heads Open Space Adyiseiy Committee Sue Spickard/jCeith Beverly ^ Don Rideout (Growth Management) Connie Beardsley, Manager, Arts Office J46 EXHIBIT 3