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HomeMy WebLinkAboutMCUP 10-14; Gerico Communications Site; Conditional Use Permit (CUP) (2)-~ ,( ... ":"4, "• ·-~ CITY 0 r CARLSBAD LAND USE REVIEW APPLICATION P-1 Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Administrative Permit (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 General Plan Amendment 0 Local Coastal Program Amendment ("') 0 Coastal Development Penmit (•) 0Minor [ZJ Conditional Use Permit (') 0 Minor 0 Extension IMLuf/IOI~ D MasterPlan 0Amendment 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor 0 Hillside Development Permit (•) 0 Planned Development Permit 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Penmit 0 Tentative Tract Map 0 Variance 0Administrative D Specific Plan 0Amendment D Zone Change n D Zone Code Amendment List other applications not specified 0 CUP Amendment D D n = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 204-292-23-00 ------------------------------------------------ PROJECT NAME: Gerico Communications Site BRIEF DESCRIPTION OF PROJECT: Wireless telecommunication facility consisting of an equipment building, a generator and antennas mounted on the inside of a flagpole. OWNER NAME (Print): Gerico's, a California general partnership, Jeffre~ T. Kin!ij, General Partner APPLICANT NAME (Print): Douglas Kearney, American Tower Corporation MAILING ADDRESS: 2858 Carlsbad Boulevard MAILING ADDRESS: 2361 Campus, #240 CITY, STATE, ZIP: Carlsbad, CA 92024 CITY, STATE, ZIP: Irvine, CA 92612 TELEPHONE: (760) 434-6868 TELEPHONE: (714) 875-6972 EMAIL ADDRESS: jeffkkb@sbcglobal.net EMAIL ADDRESS: douglas.kearney@americantower.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWL \}1 ~ S-l' I 0 ~Km~ } -9!ei!D f SIGNA\ I RE DATE S AT ~ DArE {/ P-1 Page 1 of 5 • Revised 04/09 1)fvq1ooq • • BRIEF LEGAL DESCRIPTION: Lot 2 of Tamarack Plaza, Map No. 5944, filed August 23, 1967 LOCATION OF PROJECT: 850 Tamarack Avenue ------------------------~S~T~R~E~ET~A~DD~R~E~S~S~------------------------ ON THE: North SIDE OF Tamarack (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN 1-5 AND Jefferson ------~(N~A~M~E~O~F~S~T=R=E=E~T~)---(NAME OF STREET) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. lf.NE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND WNY \~s IN INTEREST. P PERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of 5 JUN .15 2010 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: I G"P--- Revised 04/09 -------------- • • City of Carlsbad 1535 Faraday Avenue Carlsbad CA 92008 IIIIIIIIIU 1111!11111111111111111111111111 Applicant: AMERICAN TOWER CORP. Description Amount MCUP1014 787.64 850 TAMAP~CK AV CBAD Receipt Number: R0079787 Transaction ID: R0079787 Transaction Date: 06/15/2010 Pay Type Method Description Amount Payment Check 787.64 Transaction Amount: 787.64 City of Carlsbad Faraday Center Faraday Cashiering 001 1016601-1 06/15/2010 32 Tue, Jun 15, 2010 01:44 PM Receipt Ref Nbr: R1016601-1/0015 PERMITS -PERMITS Tran Ref Nbr: 101660101 0015 0017 Trans/Rcpt#: R0079787 SET#: MCUP1014 Amount: Item Subtota 1 : Item Tota 1: Jl tl·i( 0 i TOTAL: Cl:ecK (Chk# 002545) Check (Chk# 01096) Total Received: Have a nice day! 1 ~ $787.64 $787.64 $787.64 $787.64 $697.00 $90.64 t787.64 • **************CUSTOMER COPY************* October 20"', 2009 Genco's Partnership 2858 Carlsloacl Blvd. Carlsloaci,CA 92008 Mr. Dou~as l(eanu~y American Tower Corporation Rl:: Tower relocation ot 8"i0 'l'smarack Avenue property Dear Mr. Kearney, Oct. 27 ?009 10: SG~r: ~, 1 • Any relocation of tbe cell tower at 850 T11marackAvenu"' would be c:xtrcmety difficult. Otber than tbe current leased space by Veci7..on Wireless. th.e N:ltt oftbe property;, leased by our tenant, Hen5ley's Pub. We would have to arncnd aod or ranegotiatc: our current tease that we have with them that runt through 2022. This would raise .numerous t~sues sncb as available parking. buildiJJg viJibility, the lots Aetth<rtics, etc ... Please 11dvlue tha City of Carlsbad of these c.onceros. Thank you for your tirn<> regardin~ this matter. SiJJccrety, c)V ~-) Jeff' King Partner Gerico's Partnership • • LEITER OF AUTHORIZATION SITE NO: CA 300633 SITE NAME: Carlsbad Gerico ADDRESS: 850 Tamarack Ave. Carlsbad, CA 92008 APN: 204-292-23-00 Gerico's, a California General Partnership, owner of the above-described property, authorizes American Tower Corporation and/ or its agent, to act as an agent on behalf of said partnership for the sole purpose of filing and consummating any land-use or building permit application(s), or any other entitlements necessary to obtain approval of the applicable jurisdiction for modifying, enhancing and/ or continuing to operate the existing antennae and related telecommunications equipment on, the existing wireless telecommunications facility and premises located on the above described property. I understand that this application may be denied, modified or approved with conditions, and that any such conditions of approval or modifications must be complied with prior to issuance of building permits and at all times thereafter. NOTAR State of Californi County of San Diego Signature: Name: This instrument was ackno edged before me by Jeffrey T. King, General Partner of Gerico's, A California General Partnershi ersonally known to me (or proved to me on the basis of satisfactory evidence) to be the pe on whose name is subscribed to the within instrument and acknowledged to me that he/ she exec d the same. WITNESS my hand and official seal, this 15th of June 2010. NOTARY SEAL • • DELEGATION OF AUTHORITY I, Gerard Ainzstein, a Senior Vice President of American Tower Corporation and its subsidiaries as set forth on Schedule A hereto (collectively, "the "Company"), hereby delegate to Douglas Kearney, Zoning Specialist, effective as of the date written below, authority to sign on behalf of the Company the following documents: • Land Use Applications and Related Documents In Witness Whereof, I have duly executed this Delegation of Authority in my capacity as Senior Vice President of the Company this)r"' day of Dam lu, 2005. Ainzstein I I Senior Vice Presid~ ' CERTIFICATION I, Michael Milsom, as Vice President and Assistant of the Company, do hereby certify that Gerard Ainzstein is a duly elected and qualified Seni Vice President of the Company and that the signature of Gerard Ainzstein set forth abo e is his true and genuine signature. (~,r;:; /j; -h"~'- Micbael Milsom Vice President and sistant Secretary .J. ,A'~ "'~ .. ·~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require 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 project 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 subdivi sian or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity ofthe applicant and property owner must b~ provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person SEE ATTACHMENT Corp/Part ____________ _ Title __________ _ Title ____________ _ Address _________ _ Address ___________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL 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, titles, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) 3 Partners Person Jeffrey T. King Corp/Part Gerico's, a California General Partnership Title General Partner Title Address 2885 Wilson Street Address 2858 Carlsbad Boulevard Carlsbad. CA 92008 Carlsbad, CA 92024 Martin Kouma, General Partner-3630 Harding St., Carlsbad, CA 92008 Gerald H. Sova, General Partner-158 N. Coast Hwy 101, Encinitas, CA 92024 Page 1 of2 Revised 04/09 • • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit!Trust Non Profit!Trust _________ _ Title, __________ _ Title '--------------------Addre~·----------Address ___________ _ 4. Have you had more than $500 worth of busine~ transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes ~No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. Sign re of owner/date Douglas W. Kearney Print or type name of owner Print or type name gf applicant ure of owner/applicant's agent if applicable/date Julian K. Quattlebaum, Ill-Agent Print or type name of owner/applicant's agent P-1(A) Page2of2 Revised 04109 • • DELEGATION OF AUTHORIT¥ ' I, Gerard Ainzstein, a Senior Vice President of American If ower Corporation and its subsidiaries as set forth on Schedule A hereto (collectively, "the ·/company"), hereby delegate to Douglas Kearney, Zoning Specialist, effective as of the date writ~n below, authority to sign on behalf of the Company the following documents: 1 j ' I I • Land Use Applications and Related Documents ' . In Witn~ss ~reof, .r have duly executed thi~ Delegationlor Authority in my capacity as Semor VIce President of the Company this/?"" day o~ Dr£m OCr , 2005. ' CERTIFICATION I, Michael Milsom, as Vice President and Assistant Seer of the Company, do hereby certify that Gerard Ainzstein is a duly elected and qualified Senio Vice President of the Company and that the signature of Gerard Ainzstein set forth abo e is.his true and genuine signature. Michael Milsom Vice President and Atsistant Secretary I -1- ----------------------------------------------, • • Attachment to Disclosure Statement City of Carlsbad CUP 97-08xl American Tower Corporation Question 1. Persons with financial interest in application: Verizon Wireless (VA W) LLC dba Verizon Wireless 15505 Sand Canyon Avenue Bldg. D-1 l rvine, CA 92618 American Tower Corporation 116 Huntington Avenue Boston, MA 02116 Officers of American Tower Corporation (all have same address as corporation): James Taiclet Chief Executive Officer Tom Bartlett Executive Vice President and Chief Financial Officer Jean A. Bua Executive Vice President, Finance and Treasurer Ed Disanto Executive Vice President, Chief Administrative Officer and General Counsel Hal Hess Executive Vice President, International Operations and President, Latin America Steven Marshall Executive Vice President and President, U.S. Tower Division Am it Shanna Executive Vice President and President, Asia '~~ '~ ~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(8) • Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: ___ G_e_r_ic_o_C __ o_m_m __ u_n_ic_a_ti_o_n_s_S_it_e ______________________ _ APPLICANT NAME: ___ A_m __ e_r_ic_a_n_T_o_w __ e_r _c_o_rp'-o_r_a_ti_o_n _______________ _ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The project consists of the modification of an existing wireless telecommunications facility located in the rear parking lot on the north side of the existing restaurant at 850 Tamarack Avenue. The existing facility consists of a 58' 2" high tapered flagpole with two 8' cellular panel antennas flush-mounted on roughly opposite sides of the top of the pole and a 204 sq. ft. prefabricated equipment shelter. The existing surface mounted antennas, brackets and cable will be removed, along with the top 12 feet of the pole. A new mounting structure and&, pipe-mounted antennas will be erected in the place of the existing top 12 feet of the structure which will be screened inside a 22" R.F. transparent radome, and the remaining lower portion of the existing pole will be enclosed in a 22" diameter galvanized cylindrical sheet metal sheath. The entire 22" diameter faux flag pole will be painted white to match the pole on the existing adjacent sign for the restaurant and service station, and capped with the exiting ball top. An all-weather flag (U.S., California or other design acceptable to the City) will be flown at the top of the pole. No modifications will be made to the existing equipment shelter. The addition of a generator to provide back-up power is also proposed, P-1(8) Page 1 of 1 Revised 04/09 • • Channel Law Group, LLP ROBERT JYSTAD JULIAN K. QUATTLEBAUM, III' JAMIE T. HALL'' CHARLES J. McLURKIN *ALSO Ad mined in Colorado u ALSO Admitted in Texas Attn: Ms. Shannon Wernecke City of Carlsbad Development Services Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 207 EAST BROADWAY SUITE 20I LONG BEACH, CA 90802-8824 Fax: (562) 394-1940 WV.'Vi.channellawgroup.com June 14,2010 Re: Gerico Wireless Site, CUP 97-08xl 850 Tamarack Avenue, APN 204-292-23-00 Dear Ms. Wernecke: Writer's Direct Line: 01 0) 156.-6950 JQ®ChannelLawGroup.com RECENED JUN \ ~. 20\0 CITY OF CARLSBAD pLANNING DEPT The purpose of this letter is to withdraw the application referred to above for an extension of the existing Conditional Use Permit for the above-referenced facility. As staff has advised that the modified facility will qualify for a Minor Conditional Use Permit and has requested a letter withdrawing the prior application, American Tower Company hereby withdraws its prior application and submits, in lieu thereof, the attached Land Use Application for a Minor Conditional Use Permit to allow the continued operation of the facility with the modifications proposed in the application. Submitted with this letter are the following: I L Land Use Review Application, Form P-L 1 2. Disclosure Statement, Form P-l(A). /3_ Project Description, Form P-J(B). }-; Revised Zoning Drawings (211 8/1 0), 4 sets of 24x36 plans folded to 8 Y, x II, one set II x 17. ()~i Photo sims, 2 sets of 4 sims. ? 6. Letter of Authorization. 'I 7. Revised RF Emissions Compliance Report (1/27/10). {8.) Letter from landlord regarding unavailability of alternate location. /9. Check for application fee ($697.00). 110. Noticing package. 1 II. Check for postage for noticing ($90.64). Please let me know if any additional materials are required. It is our understanding that a public hearing before the Planning Commission will not be required as Minor Conditional Use Permit applications are processed administratively. • Attn: Ms. Shannon Wernecke • City of Carlsbad June 14,2010 Page 2 Thank you for all of your assistance and patience in working through this process with us. Enclosures cc: Douglas Kearney, American Tower Corporation February 27, 2010 Photosimulation of view looking southeast from Carol Place, the street behind Hensley's • • I February 27, 2010 Photosimulation of view looking west from Tamarack Avenue, on the other side of 1·5. ~So Genco ~ Tame111Ck Avenue Cartam.d, CA 92008 ICA-300e33 ---------------------------------------------------------- February 27, 2010 Photosimulation of view looking southwest from Pio Pico Drive, on the other side of 1·5. February 27, 2010 Photosimulation of view looking north from near the entrance to the Arco station. , ? Sesscn: Car_C_A User: cherrer Mon l'lbv 3 09:03:55 2008 Default Square Datum: NAD83 Center Lat 33-08-48.75 N Center Lon: 117-20-45.09 W • llfWIZJ!IIwireless GeoPian v5.4.1 Proprietary ard Conlcertial Sesscn: C-ar_C_A User: cherrer Mon Nov 3 09:04:59 2008 De! 'aU It SQu-are Datum: NAD83 Center L-at: 33·08·48.75 N Center Lon: 117·20·46.09 W Sesson: Car_C_A User: cherrer Mon 1\bv 3 09:03:55 2008 Default Square Datum: NAD83 Center Lat: 33-08-48.75 N Center Lon: 117 -20·46.09 W • 118ftZJ!IIwireless GeoPian v5.4.1 Proprietary ard Confidential • • SD030 Liquid Cooled Diesel Engine Generator Sets Standby Power Rating 30KW 60Hz FEATURES • INNOVATIVE DESIGN & PROTOTYPE TESTING are key components of GENERAC'S success in •IMPROVING POWER BY DESIGN." But it doesn't stop there. Total commitment to component testing, reliability testing, environmental testing, destruction and life testing, plus testing to applicable CSA, NEMA, EGSA, and other standards, allows you to choose GENEAAC POWER SYSTEMS with the confidence that these systems will provide superior pertormance. • TEST CRITERIA: ' PROTOTYPE TESTED ' SYSTEM TORSIONAL TESTED ' ELECTRO-MAGNETIC INTERFERENCE ' NEMA MG1·22 EVALUATION ' MOTOR STARTING ABILITY ' SHORT CIRCUIT TESTING ' UL 2200 • SOLID·STATE, FREQUENCY COMPENSATED VOLTAGE REGULATION. This state-of-the-art power maximizing regulation system is standard on all Generac models. It provides optimized .......... DODO Prime Power Rating 24KW 60Hz Power Matched DEERE 2.4 DTA ENGINE Turbocharged VERIZONWIRELESS 30 kW Diesel Models: 04810 120/240 1 phase Open Unit 04811120/240 1 phase Level II Enclosure 04870 120/208 3 phase Open Unit 04871120/208 3 phase Level II Enclosed FAST RESPONSE to changing load conditions and MAXIMUM MOTOR STARTING CAPABILITY by electronically torque-matching the surge loads to the engine. • SINGLE SOURCE SERVICE RESPONSE from Generac's dealer network provides parts and service know-how for the entire unit, from the engine to the smallest electronic component. You are never on your own when you own an GENERAC POWER SYSTEM. • ECONOMICAL DIESEL POWER. Low cost operation due to modern diesel engine technology. Benertuel utilization plus lower cost per gallon provide real savings. • LONGER ENGINE LIFE. Generac heavy-duty diesels provide long and reliable operating life. • GENERAC TRANSFER SWITCHES, SWITCHGEAR AND ACCESSORIES. Long life and reliability is synonymous with GENEAAC POWER SYSTEMS. One reason for this confidence is that the GENERAC product line includes its own transfer systems, accessories, switchgear and controls for total system compatibility. GENERAC® POVVER SYSTEMS, INC. • APPLICATION & ENGINEERING DATA GENERATOR SPECIFICATIONS TYPE .............................................................. Four-pole, revolving field ROTOR INSULATION ............................................................... Class F STATOR INSULATION ............................................................. Class F TOTAL HARMONIC DISTORTION ............................................... <5% TELEPHONE INTERFERENCE FACTOR (TIF) ........................... <50 ALTERNATOR ........................................ Self-ventilated and drip-proof BEARINGS (PRE-LUBED & SEALED) ................................................ 1 COUPLING ............................................................ Direct, Flexible Disc LOAD CAPACITY (STANDBY) .................................................... 100% LOAD CAPACITY (PRIME) .......................................................... 110% NOTE: Emergency loading In compliance with NFPA 99, NFPA 110, paragraph 5-13.2.6. Generator rating and performance In accordance with 1508528-5, 855514, 5AE J1349, 1503046 and DIN6271 standards. EXCITATION SYSTEM n DIRECT ..................................................... DC excitation system ./ Low·velocity brushes and slip rings ./ 0 BAUSHLESS ............................. Magnetically coupled DC current ./ Eight-pole exciter w/ battery-driven field boost ./ Mounted outboard of main bearing ./ REGULATION ................................................................. Solid-state./ ± 1% regulation ./ GENERATOR FEATURES • Four pole, revolving field generator, directly connected to the engine shaft through a heavy·duty, flexible disc for permanent alignment. • Generator meets the temperature rise standards for class •F" insulation as defined by NEMA MG1-32.6, while the insulation system meets the requirements for the higher class "H" rating. • All prototype models have passed a three-phase symmetrical short circuit test to assure system protection and reliability. • All prototype models are tested for motor starting ability by measuring the instantaneous voltage dip with a waveform data acquisition system. • All models utilize an advanced wire harness design for reliable interconnection within the circuitry. • Magnetic circuit, inclu<:ling amortisseur windings, tooth and skewed stator design, provides a minimal level of waveform distortion and an electromagnetic interference level which meets accepted requirements for standard AM radio, TV, and marine radio telephone applications. • Voltage waveform deviation, total harmonic content of the AC waveform, and T.I.F. (Telephone Influence Factor) have been evaluated to acceptable standards in accordance with NEMA MG1-32. • Alternator is self·ventilated and drip-proof constructed. • Fully life-tested protective systems, including "field circuit and thermal overload protection"' and optional main-line circuit breakers capable of handling full output capacity. • System Torsional acceptability confirmed during Prototype Testing. • SD030 ENGINE SPECIFICATIONS MAKE ......................................................................................... DEERE MODEL ......................................................................................... 2.4DT CYLINDERS ............................................................................... 4 in-line DISPLACEMENT .................................................. 2.4 Liter (149 cu. in.) BORE ........................................................................... 86 mm (3.39 in.) STROKE ..................................................................... 105 mm (4.13 in.) COMPRESSION RATIO ................................................................ 18:1 INTAKE AIR ..................................................................... Turbocharged NUMBER OF MAIN BEARINGS .......................................................... 5 CONNECTING RODS ............................................ 4-Drop lorged s1eel CYLINDER HEAD ................................... Cast iron w/ overhead valve PISTONS ..................................................................... 4-Aiuminum alloy CRANKSHAFT .................................................................. Forged S1eel VALVE TRAIN LIFTER TYPE ................................................................................. Solid INTAKE VALVE MATERIAL .................................................. High Temp EXHAUST VALVE MATERIAL ............................................. High Temp ENGINE GOVERNOR 0 ELECTRONIC ..................................................................... Standard FREQUENCY REGULATION, NO·LOAD TO FULL LOAD ... 0.5% STEADY STATE REGULATION ......................................... ±0.25% LUBRICATION SYSTEM TYPE OF OIL PUMP ................................................................... Gear OIL FILTER ............................................................... Full flow, cartridge CRANKCASE CAPACITY .......................................................... 7.5 qts. COOLING SYSTEM TYPE OF SYSTEM ............................... Pressurized, closed recovery WATER PUMP ................................................... Pre·lubed, self-sealing TYPE OF FAN ............................................................................ Pusher NUMBER OF FAN BLADES ................................................................. 6 DIAMETER OF FAN ............................................... 457.2 mm (18.0 in.) COOLANT HEATER ...................................................... 120V, 1000 W FUEL SySTEM FUEL ......................................................... #20 Fuel (Min Cetane #40) (Fuel should conform to ASTM Spec.) FUEL FILTER ......................................................................... 10 Micron FUEL INJECTION PUMP .................................................... Bosch (VE) FUEL PUMP ................................................. Engine Driven Gear Type INJECTORS ........................................................ Pintel Type, 2100 PSI ENGINE TYPE ................................... Pre-combustion, swirl chamber FUEL LINE (Supply) ................................................. 6.35 mm (0.25 in.) FUEL RETURN LINE .............................................. 3.17 mm (0.125 in.) ELECTRICAL SYSTEM BATIERY CHARGE ALTERNATOR ......................... 42 Amps at 12 V STARTER MOTOR............. .. ...... 12 V 290A@ 0 "C RECOMMENDED BATIERY .......................... (1) • 12 V, 90 A.H., 27F GROUND POLARITY .... ., ........................................................ Negative Ralingdelinillons-Standby: Applicable forsupp~ng emergency power tor the d\lration of the utility power outage. No overload capability Is available lor this rating. (All ratingsln accordance With BS5514, 1803046 and DIN6271 ). Prime (Unlimited Running Time): Applicable tor supplying electric power 1n lieu of commercial~ purchased power. Pnme power is the max1mum power available at variable load. A 1 0% overload capacity Is avallabl&for 1 hour In 12 hours. (All ratings in accordance with BS5514,1S03046, 1508528 and DIN6271). • • GENERAC® POWER SYSTEMS, INC. 50030 OPERATING DATA STANDBY PRIME 50030 50030 GENERATOR OUTPUT VOL TAGEIKW-60Hz Rated AMP Rated AMp 120/240V, 1-phase, 1.0 pi NOTE: C()nsuh your 30 125 25 104 120/208V, 3-phase, 0.8 pi Generacdealerlor 30 104 25 87 additional voltages. MOTOR STARTING KVA Maximum at 35% instantaneous voltage dip lZOl208l2~~ ] 20l20Bl2i0~ with optional alternator; 60 Hz 69 69 FUEL Fuel consumption-eo Hz Load 1Q2ll Ill!. 1Q2ll Ill!. gal.lhr. 2.5 2.1 2.1 1.8 liters/hr. 9.5 7.9 7.9 6.8 Fuel pump lift 36" 36" COOLING Coolant capacity System -lit. (US gal.) 11.2 (3.0) 11.2 (3.0) Engine-lit. (US gal.) 2.6 (0.7) 2.6 (0.7) Coolant flow/min. 60 Hz -lit. (US gal.) 8.6 (2.3) 8.6 (2.3) -l$;tia1 to ""'""' 60 Hz fiJI -BTU/hr. 120,000 96,000 Inlet air to radiator 60 Hz • m3/min. (elm) 130 (4,600) 130 (4,600) Max. air temperature to radiator ·c ('FI 60 (140) 60 (140) Max. ambient temperature ·c ('Fl 48.9 (120) 48.9 (120) COMBUSTION AIR REQUIREMENTS Flow at rated power 60Hz-cfm 109 89 EXHAUST Exhaust flow at rated output 60 Hz-tns/mn. (dm) 8.9 (316) 7.2 (253) Max recommended back pressure "Hg 1.5 1.5 Exhaust temperature 60 Hz (full load) oc (°F) 549 (1100) 510 (1010) Exhaust outlet size 3.0" O.D. 3.0" O.D. ENGINE Rated RPM 60Hz 1800 1800 HP at rated KW 60Hz 48 39 Piston speed 60 Hz -m/min. (ft./min.) 378 (1239) 378 (1239) BMEP 60Hz-psi 144 118 DERATION FACTORS Temperature 5% for every 1 O"C above -oc 25 25 2.77% for every 10°F above-oF 77 77 Altitude 1.1% for every 100m above-m 1067 1067 3.5% tor every 1 000 ft. above -ft. 3500 3500 • • STANDARD ENGINE & SAFETY FEATURES 50030 • High Coolant Temperature Automatic Shutdown • Low Coolant Level Automatic Shutdown • Low Oil Pressure Automatic Shutdown • Overspeed Automatic Shutdown (Solid-state) • Crank Limiter (Solid-state) • Oil Drain Extension • Radiator Drain Extension • Factory-Installed Cool Flow Radiator • Closed Coolant Recovery System • UV/Ozone Resistant Hoses • Rubber-Booted Engine Electrical Connections • Secondary Fuel Filter • Fuel Shutdown Solenoid • Batteries 2-12 Volt 90 AH • Stainless Steel Flexible Exhaust Connection • Battery Charge Alternator • Battery Cables • Composite Battery Box • Vibration Isolation ot Unit to Mounting Base • 24 Volt, Solenoid-Activated Starter Motor • Air Cleaner • Air Cleaner Service Indicator • Fan Guard (GSA Compliant) • GSA Guarding • Critical Grade Muffler (Shipped Loose With Open Unit) • High Temperature Exhaust Wrap • Alternator Tropicalization • Resists Moisture, Fungus and Abrasives • In Addition to Standard Class H Epoxy Impregnation Coating • Upsized Alternator For Increased Motor Starting • Propylene Glycol 50/50 Mix Antifreeze • Oil (19.0 Quarts) • Coolant Expansion and Recovery Tank • Extended Factory Test (2.5 Hr.) • Stepped Loads • Frame Temperature Test • Specification Sheet Does Not Reflect Any Verizon Wireless Corporate Authorized Variances. • ME" Control Console-DigitaVAnalog Hybrid Communication Software for Remote Access Analog Reading AC Volts Analog Reading AC Amps Analog Frequency Emergency Stop Button Audible Alarm 11 Gauge Control Panel Enclosure Programmable Engine Control (See Bulletin #m61310SBY For Details) • 20 Light Annunciator Generator Alarms • 8 Form C Dry Contact Output Relays • 120 Volt Coolant Heater 1800 Watt with 3 Wire Connection Cord • Mainline Circuit Breaker • 200 Amp & 1 00 Amp -120/240 Single Phase • 200 Amp & 50 Amp -120/208 Three Phase • Flexible Fuel Lines • Fuel Pressure Loss Protection System • UL2200 Listed • Basetank 48 Hr. Runtime at 100% Load Double Wall 125% Engine Fluid Containment and Alarms of all Generator Liquids Fuel Level Sender and Visible Level Gauge Rupture Basin Alarm Emergency Vents Check Valve (inlet and retum) FM Fusible Link (165°F) Shutoff UL 142 Listed Washington State maximum of 114 gallons Southern California limitation of 52 gallons Consult State and Local Codes for Specific Requirements in your area. • Five Year Extended Warranty • Enclosure Options Open Generator Set w/ Duct Adapter • Weather Protective Sound Attenuated Enclosure w/ Enclosed Critical Grade Muffler and Flex Exhaust • 24V Duel-Rate 10 Amp Battery Charger With 120V 3 Wire Connection Cord Distributed by: Design and speci1ica1ions subjec11o change wi1tlou1 notice. Dimef\Sions dtOWf\ are appro~imale Con1ac1 y<~ur GeneriiC dealer lor certitied drawmgs DO NOT USE THESE DIMENSIONS FOR INSTALLATION PURPOSES. I AI~~ t. OUT ii.>= ~c I~ ~ I II 0 ~ 2409 [94.84'] OAL 2I:@)~IIIII ~~~~ 11"1. ~·= 0 0 0 0 • 1m Q. c;::f II . . . L.......... .•. TT I of! I 1476 [58.12'] %5 [37.9'1*] OAV L 876 J mm [in) I fET SIDE VIEW CLEVE! II ENCLDS!!RD [34.49•] REAR Y[f'ti GENERAC' POWER SYSTEMS, INC. • P.O. BOX B • WAUKESHA. W1531 87 262/544-4811 · FAX262/544-4851 Bulletin 017051 DSBY I Printed In USA08.04 c 2004 Generac Power Systems, Inc. All rights reserved. All specifications subject to change without notice. • • . . . . . . . . . . • • l.awlfm Belir Associates, Inc. • Verizon Wireless Site: GERICO 850 Tamarack Ave Cartsbad, CA 92008 • • • • Verizon Wireless Irvine, California Revised Jan 27, 2010 3400 Tupper Drive Greenville, Norll1 Cllrolina 27834 252-757-0279 800-522-4464 252-752-9155 FM Email: lbaoocGibagroup.com • • • • • NJIIE This worlc is based upon our best interpretation of available information. However, these data and their interpretation are constantly changing. Therefore, we do not warrant that any undertaking based on this report will be successful, or that others will not reqnire further research or actions in support of this proposal or future undertaking. In the event of errors, our liability is strictly limited to replacement of this docmnent with a corrected one. Liability for consequential damages is specifically disclaimed. Any use of this document constitutes an agreement to bold Lawrence Bebr Associates, Inc. and its employees harmless and indemnifY it for any and all liability, claims, demands, litigation expenses and attorneys fees arising out of such use. Worlc product documents released prior to account settlement remain the sole property of Lawrence Bebr Associates, Inc. and must be returned on demand. Underlying worlc notes and data relating to this document remain the property of Lawrence Bebr Associates, Inc. This document shall not be reproduced in whole or pall without permission of Lawrence Bebr Associates, Inc. Any dispute hereunder shall be adjudicated in North Carolina. Any use or retention of this document constitutes acceptance of these terms, the entire worlc product, and all charges associated therewith. COPYRIGIIT 2010 BY LAWRENCE BEliR ASSOCIATES, INC. GREENVILLE, NOR Til CAROLINA • EMEAudit Report Site: GERICO 850 TamarackAve Carlsbad, CA 92008 Verizon Wireless Irvine, California Introduction • Lawrence Behr Associates, Inc. (LBA) has been retained by Verizon Wireless of Irvine, California to audit compliance with Federal Communications Commission (FCC) guidelines for human exposure to radio frequency (RF) energy at this sHe. This audit provides theoretical assessment of the maximum permissible exposure (MPE) limits for uncontrolled exposures around the Verizon Wireless antennas and includes photographs and annotated architectural drawings, where required. Our assessment included, where possible, an evaluation of non-Verizon Wireless transmitters that could contribute to the Verizon Wireless MPE limHs in accessible areas. Site mitigation options have been assessed and recommendations made where the MPE could be exceeded in accessible areas. Methodology From Verizon Wireless information, LBA developed a database of Verizon Wireless antenna facilities and oper- ating parameters. We evaluated those for electromagnetic environmental (EME) impact potential. This EME assessment was conducted in accordance with FCC guidelines as outlined in OET Bulletin-651 using an industry standard computer model2• LBA personnel conducted field verification of antenna locations at the site on July 25th 2008. The computer model was adjusted to reflect actual conditions at the site. An MPE limit of 0.53 milliwatts per square centimeter (mW/cm2) was used for the Verizon Wireless 800 MHz cellular facilities. An MPE limit of 0.46 milliwatts per square centimeter (mW/cm2) was used for the Verizon Wireless 700 MHz cellular facilities and 1.0 milliwatts per square centimeter (mW/cm2) was used for the Verizon Wireless 1965 MHz PCS facilities, and other MPEs for nearby positions were as prescribed in FCC OET Bulletin-55. Areas requiring mitigation were documented. The FCC guidelines define two separate tiers of exposure limits; these tiers are General Public and Occupational. 'Federal Communications Commission, Office of Engineering and Technology, Evaluating Compliance with FCC Guidalines for Human Exposul8 to Radiofrequency Electtomagnetic Fialds, OET Bulletin-55, Edition 97-01, August 1997. 2RoofView"' Version 4.12, Richard Tell Associates, lnc.C1997,1998, 1999, 2000. IAWI/fiKE llflll ASSIJOATfS, IKC. flllUMIMIIIIC.fTiflltUIJ/tfiUMII 811111111: K • • As defined by FCC: General populationlunc:ontrolled exposure. For FCC purposes, applies to human exposure to RF fields when the general public is exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public always fall under this category when exposure is not employment-related. Occupational/controlled exposure. For FCC purposes, applies to human exposure to RF fields when persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Areas requiring mitigation were documented. /AWI/Eif{f III/IIi ASSIIOATES. IKC. flllUMI.II/IIKATiflltS aJilf«TMTJ 8MMIIIIC • • Assessment of site Gertco-850 Tanaack Ave, cartsbacl, CA 92008 • This is an existing Verizon Wireless flag pole site. Verizon wireless proposes changing antennas and enclosing them in a 221nch steatth enclosure. The enclosure will house three sectors, each sector consisting of two stacked antenna panels mounted at the top of the flag pole. The azimuths are 115, 240 and 360 degrees and are shown along with the horizontal beam width of the antenna in Annexes 2.1, 2.2 and 2.3. • For the study, we considered the entire accessible area to be general population/uncontrolled area as defined by the FCC. • The FCC MPE (general population/uncontrolled) limits from the transmit antennas of each Verizon Wireless array are not exceeded at ground level, as shown in Annex 1.1, MPE Ground Level Analysis Map. • The FCC MPE (general population/uncontrolled) limits from the transmit antennas of each Verizon Wireless array are not exceeded at roof level, as shown in Annex 1.2, MPE Roof Level Analysis Map. • The FCC MPE (general population/uncontrolled) limits from the transmit antennas of each Verizon Wireless array may be exceeded at the closest point on the generally inaccessible large adjacent sign, as might be encountered during sign change outs or maintenance, as shown in red in Annex 1.3, MPE Sign Level Analysis Map. • Verizon Wireless will not contribute 5% or greater to any other carrier's MPE levels where MPE limits may be exceeded. Rec:ommendatlon for Gerlco-850 Tamarack Ave, cartsbad, CA 92008 • This proposed Verizon Wireless sHe will be in compliance with the current FCC RF human exposure regulations if constructed as shown. However levels may be exceeded at upper levels of the adjacent large sign. This area will be generally inaccessible except for lamp change I service requirements. LBA recommends that a letter be sent to the owner/manager stating that when lamp changes and maintenance at upper levels are required Verizon Wireless be contacted prior so that necessary arrangements can be made for working directly in front of antennas. • LBA recommends any worker attempting to service the antennas have RF awareness training and wear a personal RF monoor. • LBA recommends placement of RF signage in accordance with Verizon Wireless RF signage policy. • F.C.C OET Bulletin-65 should be followed for performance of work within the posted distances. JAWll£11(£ 1/£116 ASIIIOATES. //({. TBH1MIIIIItCA1lflllS t1/IISUTM11 lillllldt lfC . ·Annex 1.1 MPEAnalysis Map (Ground Level) Site: GERICO Verizon Wireless /Nine, California Building shortened t --+----t for display Based Upon FCC General Population/Uncontrolled MPE Limits Green<= 5%, Blue<= 50%, Yellow<= 100%, Red above 100% IAWIENCE BEHI ASSIXIATES, INC TEJKIJMM/IfCATDtS aM/4TMTJ ~IC . ·Annex 1.2 MPE Analysis Map (Roof Level) Site: GERICO Verizon Wireless Irvine, California Building shortened t for display Based Upon FCC General Population/Uncontrolled MPE Limits Green <= 5%, Blue <= 50%, Yellow <= 1 00%, Red above 100% LAWIENCE BEHI AWOATIS.IK! llJKIMIMII!ICATDIS CIJIItSIATMTJ aiMmltiC . ·Annex 1.3 MPE Analysis Map (Sign Level) Site: GERICO Verizon Wireless Irvine, California FL ~GPOL E WITH ENCLC ~SED A~ TENNJ ~~ 1-·-I 1-Rl ''~n1 ,,.. .. ... -·'"· .......... SECG AMMA ·~ ~-VERt7·"lN VERIZI .. ·-... SEC 81 ~TA ~EC AL -·-· EST AU I: 14NT BUILDI ~G ---- BuDding shortaned t tor display ---·-·-----· --- SIGN L .EVEL F 'ROJEC TIONS LAI tGE Sli 3N ~} I PN IPHA ~ - " - - ·- - Based Upon FCC General Population/Uncontrolled MPE Limits Green <= 5%, Blue <= 50%, Yellow <= 1 00%, Red above 100% IAWIIEIICE BEHI AWXIATES, INC TBKIJMMIJifC,f!DfS CIIIS«TMTJ ~IC ~ tUI t z J 4 5 I Annex2.1 Parameters Ground Level Site: GERICO Verizon Wireless Irvine, California (ft) Trn I) Nag ~ Pllwl !VEMZOII SEC ALPHA E6l.OIDJ1 18.7 lVEMZOII SEC ALPHA 1$5.(((0)1 18.0 ~VEliZ Oil SEC ALPHA 7oo.ocni] 40.0 !VEMZOII SEC BET A E61.010Jj 18.7 !VEMZOII SEC BET A 1$5.(((0)1 18.0 : 1VEMZOII SEC BET A 700.(((0)! 40.0 Trn Cod 8 6 1 8 6 1 Cit (I) (I) IIi -~ '** z Type • Oil 149B ~Avt 77fiJ j 49.0 j Pnl 5.4 12.9 - 11BD ~vt 77fiJ 49.0 Pnl 5.4 15.9 tiD NflB. BXA-70C6314Cf L 44D ~ Pnl 4.0 13 149B ~Avt 77fiJ i 49D i Pnl 5.4 12~ 11BD ~Avt 77fiJ -J 49D I Pnl 5.4 15.9 tiD NflB. BXA-70C6314Cf 1 44.0 1 Pnl 4.0 13 --~ ! I ! ! l I I !VEMZOII SEC liUIM E61.010J~ 18.7 8 149B ~vt 77fiJ -j 49.0 1 Pnl 5.4 12.9 jVEMZOII SEC liUIM 1 $5.(((0)~ 18.0 6 11BD ~Avt 77fiJ ~ 49.0 i Pnl 5.4 15.9 iVEMZOII SEC GAMMA 700.(((0)! 40.0 1 tiD NflB. BXA-70C6314Cf 1 44.0 i Pnl 4.0 13 Note: "Z" height is vertical distance from ground elevation to the base of antenna BWdth PT Dir" is the horizontal bandwidth of the antenna and azimuth. Site Operational Parameters IAWIIEKCE 8EHH~TES, IKC TllKIJMMIIfKATDtS aJift.f«TMTJ ~IK -Rli ~115 ~115 ~115 ~240 ~240 ~240 ~~ ~~ ~~ ld lUI t z J 4 5 I ·Annex2.2 Parameters Roof level Site: GERICO Verizon Wireless Irvine, California (ltl) Trn I) file freq Powl j VEHZOII SEC Al.PIIA lm.omJl 18.7 1 VEHZOII SEC Al.PIIA 1~roDJj 18D l VEHZOII SEC Al.PIIA 7oo.oom~ 40D lVEHZOII SEC BET A lm.omJj 18.7 jVEHZOII SEC BET A 1~.oomj 18.0 ~VEHZOII SEC BET A 100.oom: 40D Trn CGd 8 6 1 8 6 1 Cit (I) (I) a Powl llg lbtrJ z Type • Olil 149! PCJr'fRNA VE n9J 33.0 Pnl 5.4 12.9 111D POtfRNAVE n9J 33D Pnl 5.4 15E tiD .Am BXA-70063.1Kf 1 28D 1 Pnl 4D 13 149! POtfRNAVE n9J j 33D 1 Pnl 5.4 12S 111D POtfRNAVE n9J j 33D l Pnl 5.4 15.9 tiD .Am BXA-70063.1Kf ~ 28D ~ Pnl 4D 13 I ~ ! I I j 33D j l I I lVEHZOII SEC GAJIIA lm.omJj 18.7 8 149J PCJr'fRNA VE n9J Pnl 5.4 12E lVEHZOII SEC GAJIIA 1965.ooml 18.0 6 111J POMRNAVE n9J 1 33D l Pnl 5.4 15.9 lVEHZOII SEC GAJIIA 70010DJl 40.0 1 tiD .Am BXA-70063.1Kf l 28D l Pnl 4.0 13 Note: "Z" height is the vertical distance from the base of antenna to the roof top level BWdth PT Dir" is the horizontal bandwidth of the antenna and azimuth. Site Operational Parameters IAWII£1KE IEHI ASSIJOATES, llfl TBKlJMMIIfKATKJ/tS aJI!tSIATM!J ~IC -Ri Sl.115 Sl.115 Sl.115 Sl.240 Sl.240 Sl.240 Sl.:sl Sl.~ Sl.:sl Ad tu t z J f-· 4 5 I Annex2.3 Parameters Sign Level Site: GERICO Verizon Wiroless Irvine, California (ft) Trn I) Nine ~ -jVEmOII SEC ALPtL4 &llomJj 18.7 jVEmOII SEC ALPtL4 1~.00XIJ! 18.0 lVfmOII SEC ALPtL4 700.((((1) i 40.0 jVEmOII SEC BETA E8l.omJj 18.7 jVEmOII SEC BET A 1~.00lXlj 18.0 !VEmOII SEC BET A 700.00XIJ i 40.0 Trn CGd 8 6 1 8 6 1 C* (I) (I) lit -Mig flbiel z Type • Gail 149B POIERNAVE 771JJ 0.5 Pnl 5.4 12.9 1111B POMRNAVE 771JJ 05 Pnl 5.4 15E «<B ANTB. BXA-7())63.14(l l -4.0 Pnl 4.0 13 149B POMRNAVE 771JJ l 05 Pnl 5.4 12.9 1111B POMRNAVE 771JJ i 05 Pnl 5.4 15E «<B ANTB. BXA-7())63.14(l i -4.0 Pnl 4.0 13 --< l I t jVEmOII SEC GAMMA E8l.D2000! 18.7 8 149B POMRNAVE 771JJ 1 05 j Pnl 5.4 12~ jVEmOII SEC GAMMA 1 ~.OOlXlj 18.0 6 1111B POIERNAVE 771JJ ! 0.5 ! Pnl 5.4 15.9 jVIIZOII SEC GAMMA 700.00XIJj 40.0 1 «<B ANTB. BXA-7())63.14(l i -4.0 i Pnl 4.0 13 Note: "r height is the vertical distance from the base of antenna to the sign level "BWdth PT Dir" is the horizontal bandwidth of the antenna and azimuth. Site Operational Parameters I.AWIIEIKE BEN/I AISOOATES, /Kl 11J.£(fJMMIIfK,Tiflti CIJI6/ATM!J ~IK -Rl) 63;115 63;11 5 63;115 63;240 63;240 63;240 63;360 63;360 63;360 ·Annex3.1 Photographs Site: GERICO Verizon Wireless Irvine, California View looking north to existing Verizon Wireless flagpole antenna structure and adjacent sign. Antennas are proposed to be changed and enclosed in a stealth enclosure. July 25, 2008 JAW/1£1/(f IIEH8 AWJIJATIS, /11{. TlJKIJMJIIIICATKKtS CIJIISIATM!J ~IC ', . ·Annex3.2 Photographs Site: GERICO Verizon Wireless /Nine, California View looking north to existing Verizon Wireless flagpole antenna structure and adjacent sign. Antennas are proposed to be changed and enclosed in a stealth enclosure. July 25, 2008 /AWl/ElK£ BEHI AISIXIATES, INC. TllKIJMMII(CATlOfti aJ/tSII.TMTI ~IK •. Annex3.3 Photographs Site: GERICO Verizon Wiraless Irvine, California View looking east to existing Verizon Wireless flagpole antenna structure and adjacent sign. Antennas are proposed to be changed and enclosed in a stealth enclosure. July 25, 2008 IAWIENCE BEHI AISIXIATES, INC TBK1JMMIIIICATTOit5llltSII.TMTJ ~I£ '• ' Annex3.4 Photographs Site: GERICO Verizon Wireless Irvine, Galifomia View looking northeast to existing Verizon Wireless flagpole antenna structure and adjacent sign. Antennas are proposed to be changed and enclosed in a stealth enclosure. July 25, 2008 /AWII£11(£ BEHK ASSIXJATES, INl l'liB1MUIII«4TKJfti aJI!ti«TMTS ~IC • • • 0 Annex3.5 Photographs Site: GERICO Verizon Wireless Irvine, California Existing flagpole Verizon Wireless antennas. Verizon Wireless proposes replacing with a stealth enclosure containing changed out antennas. July 25, 2008 IAWIIEIKE BEN/I ASSOOATES, INC. Tl/KIJMMIIfCATitltJ Ultf/ATMTJ ~IK ----------------------------------------. e . ' NOTICE OF EXEMPTION To: SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego CA 92 1 0 I IP 0 11 @ ~om: l>avid Butler, Recorder/County Clerk SEP 1 d 2010 av L. Kesian DEPUTY CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad CA 92008 Subject: Filing of thi s Notice of Exemption is in compliance with Secti on 211 52b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: MCUP I 0-14 -Gerico Communications Site Project Location -Specific: ~85"-'0~T~am,_,_,_,_a'""ra'-"'c!.!.k...:...A_,__,v'-"e"-!n~ue,_ ________________ _ Project Location -City: -=C=a.:....:rl=sb=a=d=-------Project Location -County: San Di ego Description of Project: Minor Conditional Use Permit to upgrade an existing wireless communications fac ility, including increasing the number of panel antennas, as well as internalizing the antennas within a new flagpole. Name of Public Agency Approving Project: =C-=-=ity~oc.:...f--==C=a.:....:rl=sb=a=d=---------------- Name of Person or Agency Carrying Out Project: Julian Quattlebaum , Ill, Channel Law Group, LLP Name of Applicant: Same as Above r.ITV OF CAR BAD Applicant's Address: 207 East Broadway, Suite 20 I Applicant's Telephone Number: .>,.:(3'--'1-"0..~-) =-3 5:::...;6::.....-_,_69"-'5=-..:0,___ _________ ----:=----:---7:-:-----c Comrnumty & t: ono Exempt Status: (Check One) 0 lo 11e'1t De rt D Mini sterial (Section 21 080(b )(I); 15268); 0 Declared Emcigency (Section 21 080(b)(3); 15269(a)); D Emergency Project (Section 21 080(b)(4); 15269 (b)(c)); 1:8] Categorical Exemption -State type and section number: =E=x=is=ti=no.g-=-F-=a=ci'"'"'li=ti=es=,__,I...::;5=3"'-0.:....I ___ _ 0 Statutory Exemptions-State code number: ----------------- 0 General rule (Section 15061(b)(3)) Reasons why project is exempt: Alteration of existing private utility structure (wireless communications fac ility) which invo lves a negligible expansion of the existing use. Lead Agency Contact Person: Shannon We rneke Telephone: (760) 602-462 1 9-!c.J-Io Date received for filing at OPR: 0 0sted SEP 1 6 7fl10 Removed OCT 1 q 7010 il•turned to agenrn OCl 1 9 ZDIO Deputy .. Kes1an Date DON NEU, Pl anning Director Revised 06/1 0 ·~ ( .. ~CITY OF ¥CARLSBAD • • FILE COPY 7·15·/0 Planning Department www.carlsbadca.gov NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT Notice is hereby given that a Minor Conditional Use Permit, MCUP 10-14, (original CUP 97-08) has been submitted for the following: The modification of an existing 58'2" -foot-tall Wireless Communication Facility (WCF) located at 850 Tamarack Avenue (Hensley's Pub & Grill), to bring it into compliance with City Council Policy Statement No. 64, Wireless Communication Facilities. The .existing facility is located at the rear of the parking lot of Hensley's Pub and Grill (i.e., northeast corner of Jot) and currently consists of a 58'2"-high tapered flagpole with two (2), 8-foot-long cellular panel antennas flush-mounted to the exterior of the pole and a 204 square foot equipment building located adjacent to the eastern property line. As part of the proposed project, the existing surface-mounted panel antennas, cable, and brackets will be removed as well as the top 12 feet of the existing pole. A new mounting structure and six (6) pipe-mounted antennas will be affixed in place (i.e. two stacks of three antennas) of the existing top 12 feet of the pole. The antennas will be enclosed and fully screened with a 22-inch diameter RF transparent radome. The lower portion of the existing pole will be enclosed with a 22-inch diameter galvanized cylindrical sheet metal which integrates with the new RF screen. The upgraded flag pole/WCF will be painted white to match the pole of the existing adjacent freeway-oriented freestanding sign. An all weather U.S. flag which is in scale with the height of the pole will be flown at the top of the pole. A new stand-by emergency generator which will provide back-up power is proposed to be located on an existing concrete pad adjacent to the existing equipment building located at the northeast corner of the lot. In addition, an existing screen/sound attenuation wall will be extended 20 lineal feet along the northern property line. Lot 2 of Tamarack Plaza, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 5944 filed in the office of the County Recorder San Diego office on August 23, 1967. If you have any objections to the granting of this MCUP or wish to have an informal hearing to discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within I 0 days of the date of this notice. If you have any questions, please call Shannon Werneke in the Planning Division at (760) 602-4621. CASE NO.: MCUP 10-14 CASE NAME: Gerico Communications Site DATE: July 15,2010 CITY OF CARLSBAD PLANNING DIVISION T (760) 602-4600 F (760) 602-8559 ® • SITE MAP • N • NOT TO SCALE Gerico Communications Site MCUP 10-14 • • I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DA.TE REPRESENT THE LATEST AVAILABLE iNFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME ;\ND NUMBER B'?O Tf><J0.f><RACK.. -AvE 0 APP~ O~A~.ICANT'S REPRESENTATIVE BY: 1 ° I M/\ f-oe,trr c. Cl)(:t-U"{C --DATE: --"1..\NE I 1 L..o\O RECEIVED BY DATE:----------- F • ~~\t \ ' \p \ \\ \ '.A ·. ©1994 Thomas Bros. Maps VICINITY MAP SITE: 850 TAMARACK AVENUE-"GERICO" GC MAPPING SERVICE, INC. 3055 WEST VALLEY BOULEVARD ALHAMBRA CA 91803 (626) 441-1080, FAX (626) 441-8850 GCMAPPING@RADIUSMAPS.COM G \ \ CITY OF CARLSBAD 1 00' & 600' FT RADIUS MAP GC MAPPING SERVICE LEGEND 3055 WEST VALLEY BOULEVARD ALHAMBRA CA 91803 41. OWNERSHIP NO. (626) 441-1080, FAX (626) 441-8850 gcmapping@radiusmaps.com J OWNERSHIP HOOK CASE NO. DATE: 06-0l-2010 SCALE: 1" = 1 00' OWNERSHIP MAP • • • STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Govt~rnor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4402 (619) 767-2370 6-11-024-X EXEMPTION LETTER DATE: April 18. 2011 NAME: __ £A~In~er~ic~a~n~·r~o~w~e~r~C~o~Ivuo~r~a~ti~o~n~·~A~tt~n~:~J~u~li,~·ll~I£K~.~Q~u~a~tt~l~eb~a~L~tn~l~l~fl~---------- 207 East Broadway, Suite 20 I Long Beach, Ca 90802 LOCATION: 850 Tamarack Ave. Carlsbad. Ca 92008 PRO.JECT: The project includes modification of an existing tlagrolc-design wireless telecommunication facility to enclose existing antennas inside a new sheath and add two additional antennas inside sheath and the addition of a new generator to an existing concrete pad, adjacent to the telecommunication facility. The proposal also includes the replacement of an existing wooden fence with a 8' high concrete block identical to an 8' block wall currently constructed on an adjacent portion of the subject site and to replace existing coaxial cable shroud. The application does not include any additional monopoles, nor does it include any additional enclosed buildings or structures. The project will not change the intensity of use at the subject site, as telecommunicaJion antennas alreadv exist. Not other impacts to coastal resources arc proposed. This exemption is only for the above described work. should the proposal be modified, the American Tower Corporation must consult the Commission to initiate further review. This is to certify that this locution and/or proposed project has been reviewed by the staff of the Coastal Commission. A coastal development permit is not necessary lor the reasons checked below. 0 The site is not located within the coastal zone as established hy the California Coastal 1\ct or 1976, as amended. D The proposed development is included in Categorical Exclusion No. _______ __ adopted by the California Coastal Commission. 0 The proposed development is judged to be repair or maintenance activity not resulting in an addition to or enlargement or expansion of the object of such activities (Section 30610(d) of the Coastal Act). D The proposed development is an improvement to an existing single-family residence (Section 3061 O(a) of the Coastal Act) and not located in the area between the sea and the lirst public road or within 300 feet of the inland extent of any beach (whichever is greater) (Section 13250(b)(4) of the 14 Cal. Admin. Code. (over) • • • Page 2 0 The proposed development is an improvement to an existing single-family residence and is located in the area between the sea and the first public road or within 300 feet of the inland extent of any beach (whichever is greater) but is not a) an increase of 10% or more of internal floor area, b) an increase in height over I 0%, or c) a significant non-attached structure (Sections 3061 O(a) of the Coastal Act and Section 13250(b)(4) of Administrative Regulations). 0 The proposed development is an interior modification to an existing use with no change in the density or intensity of use (Section 30106 of the Coastal Act). D The proposed development involves the installation, testing and placement in service of a necessary utility connection between an existing service facility and development approved in accordance with coastal development permit requirements. pursuant to Coastal Act Section 3061 O(t). ~ The proposed development is an improvement to a structure other than a single- family residence or public works facility and is not subject to a permit requirement (Section 13253 of Administrative Regulations). D 'I' he proposed development is the rebuilding of a structure, other than a pub! ic works facility, destroyed by natural disaster. The replacement conforms to all of the requirements of Coastal Act Section 3061 O(g). D Other: Please be advised that only the project described above is exempt from the permit requirements of the Coastal Act. Any change in the above project may cause it to lose its exempt status. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occmTing at that time must cease until a coastal development permit is obtained. Sincerely, By:~ (Tohi L, RossJ Title: Coastal Planner ' I STAfE OF CALIFORNIA-THE RESOURCES ACENCY PETE WILSON, Go~rnor CALIFORNIA COASTAL COMMISSION SAN OIEGO COAST ARE.l 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN OlfGO, CA. 92108-1725 (619) 521-8036 COASTAL DEVELOPMENT PERMIT NO. 6-97-1D8 Page 1 of 2 On January 12. 1998 , the California Coastal Commission granted to Airtouch Cellular this permit for the development described below, subject to the attached Standard and Special Conditions. Description: Installation of a one-story, 10 foot high, 200 sq.ft. cellular equipment building and two 8 foot high antenna panels mounted near the top of a 55-foot high monopole designed as a mock light standard or flag pole on a site containing a restaurant. Ht abv fin grade 55 feet Site: 850 Tamarack Avenue, Carlsbad, San Diego County. APN 204-292-23 Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director and IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. "/;''*] ,_ .... 1'7'" ; 7 Date L)~.YJJ 7 Signature" of Permittee RECEIVED APR 2 91998 SMITH CONSULTING ARCHITECTS I COASTAL DEVELOPMENT PERMIT NO. Page 2 of _2_ STANDARD CONDITIONS: r 6-97-108 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Exoiratjon. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development-must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. s. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Future Redesign. Prior to the issuance of the coastal development permit, the applicant shall agree in writing that where future technological advances would allow for reduction or modification of the proposed wireless communication facility, the applicant agrees to make those modifications. In addition, if, in the future, the facility is no longer needed, the applicant agrees to abandon the facility and be responsible for removal of all permanent structures, and restoration of the site as needed to re-establish the site consistent with the character of the surrounding area. (710BP) State of California-The Resource.ency DEf.'ARTMENT OF FISH AND GAME 2010 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVoRSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECT TITLE MCUP 10-14-GERICO COMMUNICATIONS SITE PROJECT APPLICANT NAME CHANNEL LAW GROUP, LLP PROJECT APPLICANT ADDRESS 207 EAST BROADWAY, SUITE 201 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency D School District CHECK APPLICABLE FEES: D Environmental Impact Report D Negative Declaration CITY OF CAFiLSBAD Cornmumtv & L,:~on(.Y!'dC De\!t"-![Oprn0i:~t DHp::trtr~··,e~1'. CITY LONG BEACH D Other Special District D Application Fee Water Diversion (State Water Resources Control Board Only) D Projects Subject to Certified Regulatory Programs 0 County Administrative Fee D Project that is exempt from fees 0 Notice of Exemption D DFG No Effect Determination (Form Attached) 0 Other------------------ PAYMENT METHOD: • RECEIPT# SD2010 0874 STATE CLEARING HOUSE #(ll-biaJ STATE CA 0 State Agency $2,792.25 $2,010.25 $850.00 $949.50 $50.00 DATE 09-16-10 DOCUMENT NUMBER ·2o1oos74• PHONE NUMBER 310-356-6950 ZIP CODE 90802 0 Private Entity $ _____ _ $ _____ _ $ _____ _ $ _____ _ $ ____ _c$_50_.0_0_ $ _____ _ 0 Cash 0 Credit 1Z1 Check 0 Other_2_6_7_0 ___ _ TOTALRECEIVED $ _____ $:_:5-'-0--'.0-'---0 SIGNATURE X L Kesian 11111111111111111111111111111111111111111111111111 ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) • David L. Butler • COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 • Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750"' San Diego, CA 92112·1750 Tel. (619)237-0502 *Fax (619)557-4155 Transaction#: 233556020100916 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 16-Sep-2010 10:51 FEES: 50.00 Qty of I Fee Notice of Exemption for Refll NOE: 0874 ~---- 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS • Tax Bill Address Changes • Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate • Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps • Property Ownership • Property Records • Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications • Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs} * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents 4~.A,_ C I T Y 0 F • • FILE COPY VcARLSBAD Planning Department www.carlsbadca.gov July 28, 2010 Mr. Julian K. Quattlebaum, Ill Channel law Group, LLP 207 East Broadway, Suite 201 Long Beach, CA 90802-8824 SUBJECT: MCUP 10-14 ENVIRONMENTAL DETERMINATION GERICO COMMUNICATIONS SITE, CALIFORNIA QUALITY ACT (CEQA) APPLICABILITY/PROCESS This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15301, Existing Facilities. No environmental review is required for the project. Please be advised that the City is required to file a Notice of Exemption form with the County Clerk's Office. The County requires a $50 filing fee, which the City collects from the applicant. Upon approval of the project, please submit a check for $50 payable to the San Diego County Clerk to Shannon Werneke, project planner. For additional information related to this CEQA applicability/process determination, please contact the project planner, Shannon Werneke, at (760) 602-4621 or shannon.werneke@carlsbadca.gov. ['~ DON NEU City Planner DN:SW:sm c: Jeff King, 2858 Carlsbad Boulevard, Carlsbad, CA 92024 Chris DeCerbo, Team Leader File Copy Data Entry ® DATE: • JUNE 15. 2010 CITY OF CARLSBAD REVIEW AND COMMENT MEMO REVIEW NO: 1 TO: (gl Engineering, Development Services-Terie Rowley D Police Department-J. Sasway FROM: ~ Fire Department -James Weigand (gl Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (streets)-Thomas Moore D Water/Sewer District D Landscape Plancheck Consultant -PELA D School District D North County Transit District -Planning Department 0 Sempra Energy - Land Management 0 Caltrans (Send anything adjacent to 1-5) 0 Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): MCUP 10-14 PROJECT TITLE: GERICO COMMUNICATIONS SITE APPLICANT: American Tower Corporation/Douglas Kearny PROPOSAL: Existing WCF proposing stealth flagpole. Please review and submit written comments and/or conditions to PLANNING TRACKING DESK, in the Planning Department at 1635 Faraday Avenue, by 07/06/2010 . If you have "No Comments", please so state. Thank you COMMENTS: -F/1?£ /kc£.0 ~ JU;;,-ry(-·I#:JJ tJ etlfL' --Po G6t4/}] e ,JJJ DATE: ______________ __ PLANS ATTACHED Review & Comment 09/07 DATE: TO: FROM: • e CITY OF CARLSBAD REVIEW AND COMMENT MEMO JUNE 15, 2010 REVIEW NO: 1 [gJ D Engineering, Development Services-Terie Rowley Police Department-J. Sasway [8:1 Fire Department -James Weigand ~ Building Department -Will Foss D Recreation -Mark Steyaert D Public Works Department (streets)-Thomas Moore D Water/Sewer District D Landscape Plancheck Consultant -PELA D School District D D D D North County Transit District -Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): MCUP 10-14 PROJECT TITLE: GERICO COMMUNICATIONS SITE APPLICANT: American Tower Corporation/Douglas Kearny PROPOSAL: Existing WCF proposing stealth flagpole. Please review and submit written comments and/or conditions to PlANNING TRACKING DESK, in the Planning Department at 1635 Faraday Avenue, by 07/06/2010 . If you have "No Comments", please so state. Thank you ~ 1/) /' riUA JVJ'1'f1J -r-t' t:::fr r? COMMENTS:____:_/.....::::vt_,{/____;__<.....</_ ''_vr_ 1~_1_ ~ _ ___..._(ll[._l IA-_----+-~-$ _ _5____,_K_~&_·~_/-'--"- PLANS ATTACHED Review & Comment 09/07 ----------------------------------------------------, • • Channel Law Group, LLP ROBERT JYSTAD JULIAN K. QUATILEBAUM, III • JAMIE T. HAl.L •• CHARLES J. McLURKIN • ALSO Admitted in Colorado **ALSO Admitted in T t>xa~ 207 EAST BROADWAY SUITE 201 LONG BEACH, CA 90802-8824 Fax: (562) 194-1940 W'>''W .chan nellaw'-TfoU p.com January 23,2012 Writt>t'ti Direct Line: 010) 356-6950 jQ@ChanndL1wGroup.com Via Oventight Express and Email: Shannon.Werneke@carlsbadca.gov Attn: Ms. Shannon Wernecke City of Carlsbad Development Services Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Re: Gerico Wireless Site, MCUP 10-14 850 Tamarack Avenue, APN 204-292-23-00 Dear Ms. Wemecke: Attached are the letter of acknowledgement and Notice of Restriction on Real Property, both executed on behalf of Gerico' s and notarized. Also attached is the Fictitious Business Name Statement for Gerico's on file with the San Diego County Recorder's office, which shows Mr. Jeffrey T. King as a partner of the Gerico's partnership. It is my understanding that other than the additional letter of acknowledgement referred to below, the City of Carlsbad has now received all items needed in connection with American Tower Corporation's application for a building permit for the above-referenced facility. Please let me know if that is not the case. As you are aware, we sent a request for execution of a similar letter of acknowledgement to the owner of the adjacent parcel both to the address of the gas station located on the adjacent parcel and to the last known residential address of Mr. Ed Haddad, the owner of that parcel. To date, we have not received a response to that request. Unfortunately, we have no legal relationship with Mr. Haddad and thus no power to compel him to execute that letter. We have, as you suggested, sent him a second request. We will certainly forward the letter to you if we receive it, but in light of the fact that we have no way of forcing Mr. Haddad to sign such a letter, we would request that the City either waive that portion of the conditions of the Conditional Use Permit or modify them to eliminate the requirement for an acknowledgement from the owner of the adjacent parcel. . ' .. '"' Attn: Ms. Shannon Wem. January 23, 2012 Page2 • Please call me if you wish to discuss this matter. ~~ En cis. Cc: Mr. James Kelly, American Tower Corporation Mr. Ken Ringer, Booth & Suarez Mr. Tod Petty, Meridian Telecom, Inc. Julian K. Quattlebaum, III • • Gerico's 2858 Carlsbad Blvd Carlsbad, CA 92008 City of Carlsbad Community & Economic Development Planning Division 1635 Faraday Avenue Carlsbad, CA 92008-7314 Attn: Shannon Werneke, Associate Planner Re: Gerico Communications Site. MCUP 10-14 Dear Ms. Werneke: This will confirm that Gerico's, a California general partnership, the owner of Parcel No. 204- 292-23, located at 850 Tamarack Avenue, is aware of the following requirement contained in Condition No. 13 of MCUP 10-14: As shown on Exhibits "A -I" dated August 24, 2010, two {2) notice signs shall be installed on the existing pole sign adjacent to the Wireless Communications Facility {WCF} at a height of 5-7 feet above finished grade and an additional sign shall be affixed to the cabinet of the sign. Said signs shall indicate that the owners of the pole sign or businesses with text on the pole sign shall contact Verizon Wireless or American Tower Corporation at the listed phone numbers an the sign prior to changing out the lamps (i.e., internal illumination) or other maintenance of the existing freeway pole sign so the necessary arrangements can be made to temporarily disable the wireless communications facility. This letter is being provided in connection with the permitting of the above-referenced communications site located upon the subject parcel owned by Gerico's. Sincerely, GERICO'S, a California general partnership By:~~~~ Name: J =-=;;'{ "C, K.,.-J (; General Partner Date: _\_1._-_%_-_l \ ____ . ·, • • ACKNOWLEDGMENT State of Ca~ia • County of tV Dt~ oNrwe11 w ~c-11 ' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • JENNIFER LYNDON Commission # 1866902 < Notary Public ~ California ~ z ~ z San Diego County -J, e o o e ,MJ ~0L"T·Jxfi~s,ogt f'}02'tl , MCUP & <jtJP ANNUAL REVIfW SHE~t, ~ r_rpy INSTRUCTIONS 11.,_ - 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVEPRINCIPALPLANNERREVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: Gerico Communications Site CASE NUMBER(S): """M""C'-"Uct.-P--"1-"-0--=..14"------------------- APPROVING RESO NO(S). !.!.n/,_,a"-------------------- PLANNER COMPLETING REVIEW: "'Sh"""a,.nn=o"-'n....:.W..:..e::.:r""'n""ek~e'------------ PROJECT HISTORY Does project have a code complaint history? 0 Yes ~No If yes, check those that apply and explain below. 0 Code Enforcement 0 Police 0 Fire Prevention Comments (include corrective actions taken and date compliance obtained): Q:'.CED'.PLANNING'.ADMIN'. TEMPLATES'.MCUPANNUALREVIEWSHEET 02/11 .. • .EVIEW INFORMATION • Has the permit expired? DYes IZJ No Permit expires: August 24, 2020 Date of review: September 23, 2011 Name: julian Quattlebaum JII IZJ Applicant D Owner D Other If other, state title: n/ a *CURRENT APPLICANT INFORMATION: Name: julian Quattlebaum, Channel Law Group LLP Phone: (310) 480-7441 Conta~t name (if different}: Address: 207 East Broadwax, Ste. 201, Long Beach, CA, 90802-7441 Mailing (if different): n/ a E-mail: jg@channellawgroup.com (optional) *CURRENT OWNER INFORMATION: Name: Gerico Partnership Phone: Contatt name (if different}: Jeff Kin" Address: 2858 Carlsbad Boulevard, Carlsbad, CA 92024 Mailing (if different): n/ a E-mail: (optional) Does project comply with conditions of resolution(s) and approved plans? I:8J Yes 0 No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. WCF modifications have not been constructed at this time-building 12ermit submitted on 9/7/11. Corrective action(s) to be taken: n/a D~ttanner.rmpleted follow-up review and coCe1:roject compliance: rl~w.. \. ~ ~ CJlp P~~ Signature Principal Planner Signature * App cant and owner information must be updated for annual review to be complete. Q;\.CED\.PLANNING\.ADMIN\. TEMPLATES\.MCUPANNUALREV!EWSHEET 02/11 (~~CITY OF ¥CARLSBAD • Community & Economic Development September 23, 2011 Mr. Julian Quattlebaum, Ill Channel Law Group, LLP 207 East Broadway, Ste. 201 Long Beach, CA 90802-8824 • SUBJECT: NOTICE OF RESTRICTION-GERICO COMMUNICATIONS SITE, MCUP 10-14 Dear Applicant: FILE COPY 9·~·// www.carlsbadca.gov Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the MCUP 10-14. Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective Januarv 1. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ./ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light} ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, ~~ SHANNON WERNEKE Associate Planner c: CEO Senior Management Analyst File Copy ""'"""' Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 echannel Law Group, LL. ROBERT JYSTAD JULIAN K. QUATTLEBAUM, Ill' JAMIE T. HALL" CHARLES J. McLURKIN • ALSO Admitted in Colorado .. ALSO Admitted in Texas Ahd YoussefHaddad 6765 Mewall Drive San Diego, CA 92 I I 9 Ed Haddad c/o Arco -AM/PM Market 810 Tamarack Avenue Carlsbad, CA 92008 207 E. Broadway Suite 201 Long Beach, CA 90802-8824 Fax: (562) 394-1940 www.channeUawgiOup.com October 19,2011 Re: Upgrade of Wireless Telecommunication Facility Dear Mr. Haddad, OCT 1 r} 2011 Writer's Direct Line: (310} 356-6950 jq@channellawgroup.com This firm represents American Tower Corporation. I am writing you regarding certain permit conditions imposed by the City of Carlsbad in connection with planned modifications to American Tower's existing flagpole-style wireless telecommunications facility behind Hensley's Restaurant, adjacent to the sign for your Arco station in Carlsbad. The modifications, which have been approved by the City subject to certain conditions, would involve removal of the existing external antennas and replacing them with smaller antennas that would be inside a new cylindrical sheath. This will result in the structure looking more like a traditional flagpole and will avoid past problems with the American flag becoming entangled in the antennas. Because certain portions of your Arco sign would fall within an area where the radio frequency emissions would exceed the levels which the FCC allows the general public to be exposed to without providing instructions regarding how to avoid excess exposure, the City of Carlsbad has imposed a permit condition requiring the placement of certain notice signage in the area of the facility with instructions to be followed prior to any sign maintenance. It has also required an acknowledgement from those parties with an interest in the restaurant/gas station sign indicating that they are aware of such condition. Attached is a letter that has been prepared for your signature that will satisfy the City's requirements. If you would be so kind as to sign this letter, have your signature notarized and return them to our office in the enclosed envelope provided, I would be most appreciative. ------------ Ahd Youssef Haddad • October 19, 2011 Page2 • Thank you in advance for your cooperation. Please feel free to contact me if you have any questions. Enclosures cc: Shannon Werneke, City of Carlsbad Jim Kelly, American Tower Corporation • • City of Carlsbad Community & Economic Development Planning Division 1635 Faraday Avenue Carlsbad, CA 92008-7314 Ahd Youssef Haddad 6765 Mewall Drive San Diego, CA 92119 Attn: Shannon Werneke, Associate Planner Re: Gerico Communications Site. MCUP 10-14 Dear Ms. Werneke: • This will confirm that the undersigned, the owner of Parcel No. 204-292-24, located at 810 Tamarack Avenue, is aware ofthe following requirement contained in Condition No. 13 of MCUP 10-14: As shown on Exhibits "A -I" dated August 24, 2010, two (2) notice signs shall be installed on the existing pole sign adjacent to the Wireless Communications Facility (WCF) ot o height of 5-7 feet above finished grade and an additional sign shall be affixed to the cabinet of the sign. Said signs shall indicate that the owners of the pole sign or businesses with text on the pole sign shall contact Verizon Wireless or American Tower Corporation at the listed phone numbers on the sign prior to changing out the lamps (i.e., internal illumination) or other maintenance of the existing freeway pole sign so the necessary arrangements can be made to temporarily disable the wireless communications facility. This letter is being provided in connection with the permitting of the above-referenced communications site located upon Parcel No. 204-292-23, located at 850 Tamarack Avenue, upon which the undersigned has certain easements and signage rights. Sincerely, Ahd Youssef Haddad Date: .. • • ACKNOWLEDGMENT State of California County of ___________ _ On-----------before me,-~~-----.,.,.,.,.--~-~----­(insert name end title of the officer) personally appeared -:-:--:--:----,;--.,.,.-:,..--,--.,..,---,--,--::------,,--,---,-----,-,-,-,--who 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 capaclty(les). and that by his/her/their slgnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature-------------(Seal) \ (~~CITY Of • ~CARLSBAD Planning Department August 24, 2010 Channel Law Group, LLP Attn: Mr. Julian K. Quattlebaum, Ill 207 East Broadway, Suite 201 Long Beach, CA 90802-8824 • SUBJECT: MINOR CONDITIONAL USE PERMIT MCUP 10-14-GERICO COMMUNICATIONS SITE Dear Mr. Quattlebaum, FILE COPY www.carlsbadca.gov The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 10-14 -GERICO COMMUNICATIONS SITE. The application includes modifications and upgrades to an existing 58' 2"-tall Wireless Communication Facility (WCF), originally permitted pursuant to CUP 97-08, which will bring it into compliance with City Council Policy Statement No. 64, Wireless Communication Facilities. The modifications to the WCF include replacing the existing exterior-mounted antennas (2) and internalizing the new pipe-mounted antennas (total of 6) within a new pole as well as the addition of a weather-resistant flag. The height of the existing WCF will not be increased. The project also includes the addition of an emergency generator and the extension of an existing masonry wall along the northern property line. The project site is located at 850 Tamarack Avenue (Hensley's Pub & Grill}, in the General Commercial (C-2) Zone, Commercial Nisitor-Serving Overlay, and Local Facilities Management Zone 1. The property is also located within the Deferred Certification Area of the coastal zone; therefore, the California Coastal Commission is the permitting authority for the coastal development permit. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten (1 0) day notice period (ending on July 26, 2010). After careful consideration of the circumstances surrounding this request and a review of the application's consistency with City Council Policy No. 64, the City Planner has determined that the findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that, (a) the use continues to be necessary and desirable for the community because of the benefit and demand for digital communications and data transmissions for businesses, individuals, public agencies and emergency service systems in this part of the City; (b) the modified/upgraded WCF is consistent with the General Plan in that the Travel/Recreation Commercial (T-R) 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 • MCUP 10-14-GERICO COMMUNICATIONS SITE • August 24, 2010 Pa e 2 Land Use designation does not preclude the prov1s1on of Wireless Communication Facility (WCF) uses; (c) the WCF is consistent with City Council Policy Statement No. 64, Wireless Communication Facilities, in that it is located in a preferred non-residential location (i.e., commercial zone) and has a stealth design; and (d) the project's location adjacent to a major transportation corridor (i.e., Interstate 5) as well as the proposed stealth flagpole design comply with General Plan objectives that seek to serve the travel and recreation needs of the tourists, residents, and employees as well as maintain and enhance Carlsbad's appearance. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the modified WCF is located within a preferred non-residential location (i.e., C-2, General Commercial zone) as listed in Location Guideline A.1.a. of City Council Policy Statement No. 64 and all aspects of the WCF exhibit stealth design and are completely hidden by the proposed modified flagpole. Furthermore, the WCF use is not precluded by the project site's General Commercial (C-2) zoning. The modifications to the flagpole will not result in any additional building coverage as it is an existing use. In addition, the upgraded design of the flagpole will not negatively alter the site as the panel antennas will be concealed within the flagpole; therefore, the WCF does not interfere with nor is it visible to other surrounding uses. The project has been conditioned to maintain compliance with FCC RF Exposure Guidelines. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the Planning Director in order to integrate the use with other uses in the neighborhood in that the location of the existing monopole originally permitted pursuant to CUP 97-08 will not be changing, the new antennas will be concealed within an upgraded flagpole which will have an all-weather American flag attached, and the existing equipment building will not be expanded beyond the existing footprint. 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 WCF requires, on average, a monthly maintenance visit and occasional visits in response to operational problems. 5. That the existing and proposed WCF is consistent with City Council Policy Statement No. 64 in that it is located within the top tier of preferred locations ("commercial zone") as listed in Location Guideline A.1.a. of City Council Policy Statement No. 64. In addition, the upgraded WCF exhibits a stealth design as the new antennas are concealed within an upgraded flagpole using RF transparent material painted and textured to resemble a flagpole and an all-weather flag will be attached to the upgraded flagpole. Further, although the subject property is adjacent to a lot zoned Two-Family Residential (R-2}, the location of the site is existing as originally permitted pursuant to CUP 97-08 and does not involve any modifications with respect to the location or the overall height of the flagpole. I MCUP 10-14-GERICO .MMUNICATIONS SITE August 24, 2010 Pa e 3 • 6. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (Minor Alterations to Existing Facilities), of the state CEQA Guidelines. Additionally, as Verizon must comply with FCC regulations, radio frequency emissions from the proposed facility are below levels established as acceptable by the FCC, and are therefore not considered a health hazard. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. The City Planner 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. Conditions: Planning: 1. Approval is granted for MCUP 10-14-GERICO COMMUNICATIONS SITE as shown on Exhibits "A -I" dated August 24, 2010 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit. 3. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, 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 Minor 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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. • MCUP 10-14-GERICO COMMUNICATIONS SITE • August 24, 2010 Pa e 4 5. The Minor Conditional Use Permit, MCUP 10-14, shall be reviewed by the City Planner 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, safety and general welfare. If the City Planner determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 6. This Minor Conditional Use Permit is granted for a period of ten (10) years from August 24, 2010 to August 24, 2020. 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 ten (1 0) years upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner 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 City Planner may grant. 7. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the property. 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 Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 8. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 9. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months after the issuance of occupancy, and with any time extension or amendment request, the Developer/Operator shall submit to the Planning Director either (1) verification that the project is categorically excluded from having to determine compliance with the RF exposure guidelines per 47 CFR §1.1307(b)(1); or (2) a project implementation report which provides cumulative field measurements of RF emissions MCUP 10-14-GERICO .MMUNICATIONS SITE August 24, 2010 • Pa e 5 10. 11. 12. 13. 14. 15. of all antennas installed at the subject site. The report shall quantify the RF emissions and compare the results with the exposure limits established by the FCC guidelines. Said report shall be subject to review and approval by the City Planner for consistency with the Project's preliminary report on RF exposure submitted with the initial project application and for consistency with the FCC guidelines. If, on review, the City finds that the Project does not meet the FCC guidelines, the City may revoke or modify this conditional use permit. Prior to approval of the building permit, the Developer shall apply for and obtain 6 ~ approval of a Coastal Development Permit issued by the California Coastal Commission if'/Orf or its successor in interest that substantially conforms to this approval. A signed copy of ... L,C~GJ the Coastal Development Permit must be submitted to the City Planner. If the approval Wf"'liV '1 is substantially different, an amendment to Minor Conditional Use Permit MCUP 10-~/ltjl/ 14, shall be required. (:s.t-~ ,.,_... This approval shall become null and void if building permits are not issued for this .j;u_) project within 12 months from the date of project approval (i.e. date of issuance of a Coastal Development Permit, if determined to be applicable, by the California Coastal {j~~ Commission) unless an extension is granted by the City Planner. In addition, the ;.,~ Developer shall make every effort to diligently apply for and obtain approval of a "'1/l" {II - Coastal Development Permit issued by the California Coastal Commission withint\.rrv\':, iJ )£ 6 months of the date of this approval letter. 1< pvllld bf As shown on Exhibits "A -I" dated August 24, 2010, an all-weather American flag ji'l/IL with a minimum dimension of 10' x 15' shall be installed on the flagpole and flown 5_ ~ at all times. If, at any time, it is determined that the flag is in a state of disrepair, Q the flag shall be replaced to the satisfaction of the City Planner. As shown on Exhibits "A-I" dated August 24, 2010, two (2) notice signs shall be installed on the existing pole sign adjacent to the Wireless Communications Facility (WCF) at a height of 5-7 feet above finished grade and an additional sign shall be affixed to the cabinet of the sign. Said signs shall indicate that the owners of the pole sign or businesses with text on the pole sign shall contact Verizon Wireless or American Tower Corporation at the listed phone numbers on the sign prior to changing out the lamps (i.e., internal illumination) or other maintenance of the existing freeway pole sign so the necessary arrangements can be made to temporarily disable the wireless communications facility. Prior to the issuance of building permits for the subject modifications to the WCF, the applicant shall submit notarized verification that the current property owners of APNs 204-292-23 and -24 are aware of this requirement. If, at any time in the future, the facility is no longer needed, the Developer shall abandon the facility and shall be responsible for the removal of all permanent structures and restoration of the site as needed to re-establish the site consistent with the character of the surrounding area to the satisfaction of the City Planner. No modifications or removal of portions of the existing fence located on APN 204- 292-22 shall be made without the approval of said property owner. MCUP 10-14-GERICO C~MUNICATIONS SITE August 24, 2010 Pa e6 Code Reminder: • 16. 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. 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 the date of final approval 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 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of the current appeal fee. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Shannon Werneke at (760) 602-4621. Sincerely, ~~~ CHRIS DeCERBO Principal Planner CD:SW:sm c: Booth & Suarez Architecture & Planning, Attn: Ken Ringer, PO Box 4651, Carlsbad, CA 92018 American Tower Corporation, Attn: Douglas Kearney, 2361 Campus Drive, Suite 240, Irvine, CA 92612 Jeff King, 2858 Carlsbad Boulevard, Carlsbad, CA 92024 Don Neu, City Planner Clyde Wickham, Project Engineer Chris DeCerbo File Copy Data Entry f ----------------------------------, ~hannelLawGroup,LL~ ROBERT JYST AD JUUAN K. QUATTLEBAUM, Ill* JAMIE T. HALL** CHARLES J. McLURKIN *ALSO Admitted in Colorado **ALSO Admitted in Texas Ahd YoussefHaddad 6765 Mewa11 Drive San Diego, CA 92119 Ed Haddad c/o Area -AM/PM Market 810 Tamarack Avenue Carlsbad, CA 92008 207 E. Broadway Suite 201 Long Beach, CA 90802-8824 Fruc (562) 394-1940 www.channel1awgroup.com January 20, 2012 Re: Upgrade of Wireless Telecommunication Facility Dear Mr. Haddad, Writer's Direct Line: (310) 356-6950 jq@channellawgroup.com This firm represents American Tower Corporation. This is our second attempt to inform you about certain permit conditions imposed by the City of Carlsbad in connection with planned modifications to American Tower's existing flagpole-style wireless telecommunications facility behind Hensley's Restaurant, adjacent to the sign for your Arco station in Carlsbad. The modifications, which have been approved by the City subject to certain conditions, would involve removal of the existing external antennas and replacing them with smaller antennas that would be inside a new cylindrical sheath. This will result in the structure looking more like a traditional flagpole and will avoid past problems with the American flag becoming entangled in the antennas. Because certain portions of your Area sign would fall within an area where the radio frequency emissions would exceed the levels which the FCC allows the general public to be exposed to without providing instructions regarding how to avoid excess exposure, the City of Carlsbad has imposed a permit condition requiring the placement of certain notice signage in the area of the facility with instructions to be followed prior to any sign maintenance. It has also required an acknowledgement from those parties with an interest in the restaurant/gas station sign indicating that they are aware of such condition. Attached is a letter that has been prepared for your signature that will satisfy the City's requirements. If you would be so kind as to sign this letter, have your signature notarized and return them to our office in the enclosed envelope provided, I would be most appreciative. ------------------------- Ahd YoussefHaddad January 20, 2012 Page2 • • Thank you in advance for your cooperation. Please feel free to contact me if you have any questions. Enclosures cc: Shannon W erneke, City of Carlsbad Jim Kelly, American Tower Corporation < • City of Carlsbad Community & Economic Development Planning Division 1635 Faraday Avenue Carlsbad, CA 92008-7314 Ahd Youssef Haddad 6765 Mewall Drive San Diego, CA 92119 • Attn: Shannon Werneke, Associate Planner Re: Gerico Communications Site. MCUP 10-14 Dear Ms. Werneke: This will confirm that the undersigned, the owner of Parcel No. 204-292-24, located at 810 Tamarack Avenue, is aware of the following requirement contained in Condition No. 13 of MCUP 10-14: As shown on Exhibits "A -I" doted August 24, 2010, two (2) notice signs shall be installed on the existing pole sign adjacent to the Wireless Communications Facility (WCF) at o height of 5-7 feet above finished grade and an additional sign shall be affixed to the cabinet of the sign. Said signs shall indicate that the owners of the pole sign or businesses with text on the pole sign shall contact Verizon Wireless or American Tower Corporation at the listed phone numbers on the sign prior to changing out the lamps (i.e., internal illumination) or other maintenance of the existing freeway pole sign so the necessary arrangements can be made to temporarily disable the wireless communications facility. This letter is being provided in connection with the permitting of the above-referenced communications site located upon Parcel No. 204-292-23, located at 850 Tamarack Avenue, upon which the undersigned has certain easements and signage rights. Sincerely, Ahd Youssef Haddad Date: ----------------------- . . • • ACKNOWLEDGMENT State of California County of ____________ _ On -----------before me, ---,,--,-----:-:,---..,..,.,---:=--:-----(insert name and title of the officer) personally appeared...,...-,-----,-~-,-~--,----------=,-,----,---­who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature-------------(Seal) ~hannel Law Group, LL' ROBERT JYSTAD JULIAN K. QUATTLEBAUM, III • JAMIE T. HALL** CHARLES McLURKJN *ALSO Admitted in Colorado **ALSO Admitted in Texas BY FIRST CLASS MAIL Shannon Wemeke Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 207 E. Broadway Suite 201 Long Beach, CA 90802-8824 Phone: (310) 982-7197 Fax: (562) 394-1940 www .channellawgroup.com August 13,2010 ("":)rr;.-.~:J;-,ity ~~~-Econ0rn•::.. .. ·~·::j;. ,-11e:H Dc;··.:~rtr,,t?:·~~ Writer's Direct Line: (310) 982-6003 sharkins@channellawgroup.com Re: 850 Tamarack American TowerNerizon Renewal-MCUP 10-14 Dear Shannon: Per your email dated August 9, 2010, enclosed please find a check payable to the San Diego County Clerk for the CEQA Notice of Exemption fee. Please feel free to contact me with any questions or concerns. ~ hannon Harkins Firm Manager/Senior Paralegal Enclosure cc: Julian K. Quattlebaum, III (~~CiTY OF ~~p CARLSBAD • Planning Department July 13, 2010 Channel law Group, LLP Attn: Mr. Julian Quattlebaum, Ill 207 East Broadway, Suite 201 Long Beach, CA 90802 SUBJECT: MCUP 10-14-GERICO COMMUNICATIONS SITE Dear Mr. Quattlebaum, • www.carlsbadca.gov The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for an administrative decision. The Planning Division will begin processing your application as of the date of this communication. If you have any questions, please contact your Staff Planner, Shannon Werneke, at the phone number listed below or by email at shannon.werneke@carlsbadca.gov. You may also contact each commenting department individually as follows: • Planning Division comments: Shannon Werneke, Associate Planner, at (760) 602-4621. • Engineering Department comments: Clyde Wickham, Associate Engineer-Engineering Development Services, at (760) 602-27 42. • Fire Department comments: Mike Davis, Fire Inspections, at (760) 602-4661. Sincerely, ~ tQ(a1 CHRIS DeCERBO Principal Planner SW:sm c: Booth & Suarez Architecture & Planning, Attn: Ken Ringer, PO Box 4651, Carlsbad, CA 92018 American Tower Corporation, Attn: Douglas Kearney, 2361 Campus Drive, Suite 240, Irvine, CA 92612 Jeff King, 2858 Carlsbad Boulevard, Carlsbad, CA 92024 Clyde Wickham, Project Engineer Chris DeCerbo File Copy Data Entry ~~··--------------------------------------------------------'': · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® MCUP 10-14-GERICO c&UNICATIONS SITE July 13, 2010 Pa e 2 ISSUES OF CONCERN Planning: • 1. Please revise the plans to change the project number in the project description and the upper right corner of the plans from CUP 97-08x1 to MCUP 10-14. Please submit 2 copies of the revised plans. Engineering: No comments were received from the Engineering Department which necessitates changes to the plans. Fire Prevention: Any comments received from the Fire Department will follow under a separate cover.