HomeMy WebLinkAboutMCUP 10-20A; AT&T SD0344 LTE Modification; Conditional Use Permit (CUP) (2)• •
July 18,2013
To: All Cities and Agencies
From: Kevin C. Becker, Senior Real Estate & Construction Manager
Re: Letter of Authorized Agents
The below named agents are hereby authorized to act as an agent on behalf of AT&T Mobility in
obtaining leases and planning, building, and other related permits. This authorization is
applicable to any and all matters, including public hearings affecting AT&T land use and
entitlement applications in all jurisdictions throughout Southern California.
Please direct project-related correspondences to the firms listed below:
Authorized Representatives:
Authorized by:
M&M Telecom, Inc.
Plancom, Inc.
DePratti, Inc.
/{ c!] c_.
Kevin C. Becker
Senior Real Estate & Construction Manager
AT&T Mobility
AT&T Mobility · San Diego
7337 Trade Street, 3East, Room 3684
San Diego, CA 92121-4202
• •
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
IIN~IIIIIIIIIIIIIIIIIIIII
Applicant: COURTNEY HALL
Description Amount
MCUP1020A 555.52
5823 NEWTON DR CBAD
Receipt Number: R0084472 Transaction ID: R0084472
Transaction Date: 05/11/2011
Pay Type Method Description Amount
Payment Check 555.52
Transaction Amount: 555.52
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1113101-1 Oo/11/2011 32
Wed, May 11 , 2011 08: 09 Alj
Receipt Ref Nbr: R1113101-1/0002
PERMITS -PERMITS
Tran Ref Nbr: 111310101 0002 0002
Trans/Rcpt#: R0084472
SET#: t~CUP1020A
Amount:
I tern Subtota 1 :
Item Tot a 1:
JTEM(S) TOTAL:
Check (Chk# 033067)
Total Received:
Have a nice day!
1 @ $555.52
$555.52
$555.52
$555.52
$555.52
$555.52
•
**************CUSTOMER COPY*************
• • Technology it Associates
AT&T Mobility-500344/College & El Camino
5823 Newton Drive, Carlsbad CA 92008
APN: 212-050-43
Existing Permit: MCUP 10-20
Project Background
On September 6, 2000, GTE Wireless received approval of Conditional Use Permit (CUP 00-19) for the
construction of an unmanned Wireless Communication Facility (WCF) located at 5823 Newton Drive,
Carlsbad CA 92008. On June 17, 2006, GTE Wireless received approval of a five year extension to allow
the continued use of this previously approved unmanned WCF (CUP 00-19x1). On November 24,2010,
AT&T Wireless received approval of a Minor Conditional Use Permit (MCUP 10-20) to allow the
continued operation and maintenance of an existing WCF, consisting of twelve (12) screened, roof
mounted panel antennas and a 200 square foot equipment room within an existing office/industrial
building.
The subject site is located at 5823 Newton Drive, and is within the Planned Industrial Zone and Local
Facilities Management Zone 5. AT&T is currently the only carrier operating on the existing building. The
existing site is completely "stealth"-all antennas and equipment are located behind screening, and not
visible. The AT&T facility has operated in compliance with existing permit and conditions, and maintains
an integrated appearance. There have been no complaints regarding the facility of which we are aware.
Project Description
AT&T is requesting approval of a modification to MCUP 10-20. The proposed project consists of
modifications to the existing WCF as part of AT&T's network-wide Long Term Evolution (LTE) upgrade.
The proposed modifications include the addition of one (1) new antenna screen, mounted on the
rooftop of the existing building, to match the existing antenna screen, and one (1) new antenna sector
fa~ade-mounted behind an FRP architectural "box." Sheet A-2 of the enclosed project plans clearly detail
the proposed antenna plan. The final antenna count will be a total of (12). Twelve (12) Remote Radio
Units (RRUs), five (5) DC Surge Suppressors, and one (1) GPS antenna will also be installed. All work will
be completely concealed by the existing and proposed rooftop and fa~ade screening. In additional to the
antenna modifications, AT&T proposes to install two (2) new indoor equipment racks within the existing
and approved equipment room.
Justification
The proposed project is part of AT&T's network-wide LTE upgrades throughout San Diego County. The
installation of this new technology will allow significant improvements to the data rate transmission for
wireless devices, which is vital to current and future needs of personal and business communications. To
meet these needs, AT&T is required to make modifications to their existing equipment through the
replacement of antennas and installation of additional radio equipment.
The proposed modifications will be architecturally integrated with the existing building, as shown in the
enclosed photosimulations, and are necessary to help achieve AT& T's coverage objectives. As detailed
• • • Technology it Associates
on Sheet A-1, Site Plan, the existing antenna screening area is located on the northerly end of the
building. By relocating two (2) of the antenna sectors near the easterly side of the building, AT&T will
greatly increase the coverage and capacity along College Blvd. and El Camino Real, as detailed in the
enclosed propagation maps.
Conclusion
Thank you for receiving this application requesting the approval of a modification to MCUP 10-20. If you
have any questions regarding this application, please feel free to call me at 858-472-2168.
Sincerely,
Courtney Hall
Project Manager
~ I I
\(~
~ CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
DeveloPment Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
0 Administrative Permit 0 General Plan Amendment
0 Coastal Development Permit (•) 0 Minor
181 Conditional Use Permit (')
0 Local Coastal Program Amendment (*)
181 Minor 0 Extension
0 Environmental Impact Assessment
0 Habitat Management Permit
0 Hillside Development Permit (•)
D Planned Development Permit
0 Minor
0 Residential 0 Non-Residential
0
0
0
0
0
0
Planned Industrial Permit
Planning Commission Determination
Site Development Plan
Special Use Permit
Tentative Tract Map
Variance D Administrative
fAC<.IPIOU>A 0 Master Plan 0Amendment
0 Specific Plan 0Amendment
0 Zone Change (•)
0 Zone Code Amendment
List other aPPlications not specified
0
0
0
n = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).: 212-050-43
PROJECT NAME: AT&T SD034416elle~e & El Se,.:iRi-LTE Modification
BRIEF DESCRIPTION OF PROJECT: lhe existing AT&T facility consists of twelve (12) panel antennas completely concealed behind an architecturally
integrated screen on the roof of the subject building. The associated base-station equipment is located within the subject building on the ground level and has
no visibility from the exterior of the site. AT&T proposed the addition of (1) new antenna screen, mounted on the rooftop of the existing building, and (1) new
antenna sector facade-mounted behind an FRP architectural "box."
BRIEF LEGAL DESCRIPTION: Map Ref: 000823 Abbreviated Description: CITY:CARLSBAD (EX ST&DOC84-360940)PAR 2 PER DOC69-236220
IN\ LOT F MAP REF:000823City/Muni1Twp: CARLSBAD Note: See attached Grant Deed
LOCATION OF PROJECT: 5823 Newton Drive, Carlsbad, CA 92008
STREET ADDRESS
ON THE: EAST SIDE OF Newton Drive
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN AND
(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of 5 Revised 07/10
• • • • OWNER NAME (Print): RPH Industrial, LLC (Contact: Jon Allen Facility Director) APPLICANT NAME (Print): .Co""""l I loll, TAlC, Agent ,\;n 140/\!l.cA
MAILING ADDRESS: PO Box 4900 MAILING ADDRESS: 54 73 Kearny Villa Road, Suite 300 I
CITY, STATE, ZIP: Scottsdale AZ, 85261 CITY, STATE, ZIP: San Diego, CA 92123
TELEPHONE: (760) 802-4757 TELEPHONE: 858-472-2168 ( &1q 1 qq :t I rf:;]
EMAIL ADDRESS: Jon.AIIen@lifetech.com EMAIL ADDRESS: coort1 1ey.l •ell~teie.Aet '~qv~~r!tc(y{!.fqr[. cr
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
KNOWLEDGE. THE~LEDGE.
6/Lt Ill • SIGNATURE DATE SIGNATURE DATE
APPLICANTS REPRESENTATIVE (Print): Courtney Hall, TAlC, Agent on behalf of AT&T Wireless
MAILING ADDRESS: 5473 Kearny Villa Road, Suite 300
CITY, STATE, ZIP: San Diego, CA 92123
TELEPHONE: 8ow~ <4se {(glq) ~ q3 -ID51
' ',Qrnt:"... f.ltn(l.(~y o-ta:c, ~ EMAIL ADDRESS: r;;gnl=& e~.ln!lll!§lliilil Ret
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. 1/WE 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 BIND ANY SUCCESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2 of 5
RECEIVED
MAY 1 1 2011
CITY OF CARLSBAD
PLANNING DEPT.
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 07/10
)d
.. . ~ . 6 ~ '() RECORDING REQUESTED BY I A RRST AMERICAN TITLE
~,.. National Commercial Services 21382 DOC #4t2003-1122743 Jt-r. . ----
RECORDING REQUESTED BY ._ SEP 12. 2003 2:01
AND WHEN RECORDED RETURN TO: !fflCirt. R£ImS
Orrick, Herrington & Sutcliffe LLP
Old Federal Reserve Building
400 Sansome Street
San Francisco, California 94111
Attention: Michael H. Liever, Esq.
AND MAIL TAX STATEMENTS TO:
RREEF Dept. #207
c/o eProperty Tax
P.O. Box 4900
Scottsdale, AZ 85261-4900
SAN DIEm aooY REIXRIIR'S IJFIII
GREliORV J. SIIITH, fllMV REimER
FEES: 42.00
II: II
; IIIR~IIRI~IIIIIIIIIIIHIIIDmiiiWIII .
,_-----2~.'..!227·~ . ---.
Documentary Transfer Tax is not imposed by reason of proportional interest exception pursuant
to Cal. Rev. & Tax'n Code §11925(d)
~S)(\ fo(j ·-::2.
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CABOT INDUSTRIAL PROPERTIES, L.P., a Delaware limited partnership ("Grantor"), hereby
grants to RPH INDUSTRIAL, LLC, a Delaware limited liability company ("Grantee"), the real'
property located in the County of San Diego, State of California, described on Exhibit A
attached hereto and made a part hereof, subject to all matters affecting title to said real property,
whether of record or not of record.
DOCSSFI :698231.1
9062·545 EBB
[Remainder of this page left blank.]
PM
• •
[Signature page to Grant Deed]
Executed as of this ~y of September, 2003.
DOCSSFL6982ll.l
9062-S4S EBB
GRANTOR:
CABOT INDUSTRIAL PROPERTIES, L.P.,
a Delaware limited partnership
By: Cabot Industrial Holdings, LLC
a Delaware limited liability company
Its: General Partner
By:
Name: ________ ~~
Its:
21383
• ALL-PURPOSE ACKNOWLEDGMENT •• 21384
.STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN FRANCISCO )
On September 4. 2003, before me Ma~K.Oison -NarN and Tltlt d Ol'ricw (•.g .• ...,_eo., NaWry Pl.iltiC"}
personally appeared WARREN H. OTIO
N.me d Signw(1)
00 personally known to me -OR -0 proved to me on the basis of satisfactory evidence to be the
person hose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his
autiJQrized capacity, and that by his signature on the
~;;:-:!E .... J instrument the person, or the entity upon behalf of which the •e :."*i:=.: person acted, executed the instrument.
~~·!~~:;;£;?.~( WITNESS my ho-:;;;;;;:;J
(~-siiinature ollliilary Jlu&loc
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
~ndividual
Corporate Officer
VIce President
Trtle(s) n1e or Type of Document
D Partner(s) 0 Limited
0 General
0 Attorney-In-Fact Number of Pages
0 Trustee(s)
D Guardian/Conservator
D Other:
Date of Document
Signer is RepresenUng:
Name of POfSOn(•l or Entity(iea)
Slgner(s) Other Than Named Above
IJOCSSFI :698231.1
9062-545 EB8
•
Exhibit A
Real Property Legal Description
(3060; 3062)
A-I
• 21385
• •
EXHIBIT A
Legal Description
The land described herein is situate in the City of Carlsbad, County ofSan
Diego, State of California and more particularly described as follows:
PARCEL 1:
21886
ALL THAT PORTION OF LOT "F" OF RANCHO AQUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 23 OF LOT "F" AS SHOWN ON SAID MAP NO. 823;
THENCE SOUTH 54 DEGREES 10' 08" EAST ALONG THE NORTHERLY LINE OF
SAID LOT "F" A DISTANCE OF 807.00 FEET TO THE MOST EASTERLY CORNER
OF THE LANDS CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY
DEED RECORDED JUNE 1, 19371N BOOK622, PAGE 755 OF OFFICIAL RECORDS,
RECORDS OF SAID COUNTY; THENCE CONTINUING SOUTH 54 DEGREES 10'08"
EAST ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 540.00
FEET; THENCE SOUTH 35 DEGREES 49' 52" WEST AT RIGHT ANGLES TO THE
NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF 1166.23 FEET TO THE TRUE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
CONTINUING SOUTH 35 DEGREES 49' 52" WEST A DISTANCE OF 1091.51 FEET
TO THE BOUNDARY OF THE LAND DESCRIBED UNDER PARCEL 1 IN FINAL
JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 AS FILE/PAGE
NO. 52516, OF OFFICIAL RECORDS OF SAID COUNTY, THENCE NORTH 52
DEGREES 32' 21"WEST ALONG SAID BOUNDARY A DISTANCE OF 478.72 FEET;
THENCE LEAVING SAID BOUNDARY AT RIGHT ANGLES NORTH 37 DEGREES 27'
39" EAST A DISTANCE OF 740.00 FEET; THENCE AT RIGHT ANGLES NORTH 52
DEGREES 32' 21" WEST A DISTANCE OF 294.32 FEET; THENCE AT RIGHT
ANGLES SOUTH 37 DEGREES 27' 39" WEST A DISTANCE OF 321.90 FEET;
THENCE AT RIGHT ANGLES NORTH 52 DEGREES 32' 21" WEST A DISTANCE OF
597.36 FEET TO AN INTERSECTION WITH SAID BOUNDARY OF SAID PARCEL 1
DESCRIBED IN INSTRUMENT NO. 52516 OF OFFICIAL RECORDS, WHICH IS A
POINT ON A NON-TANGENT CIRCULAR CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 600.00 FEET, A RADIAL LINE BEARS NORTH 67
DEGREES 36' 49" WEST TO SAID POINT; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE AND ALONG SAID BOUNDARY, A DISTANCE OF 209.70
FEET THROUGH A CENTRAL ANGLE OF 20 DEGREES 01' 31 "; THENCE NORTH 42
DEGREES 24' 42" EAST A DISTANCE OF 429.16 FEET; THENCE SOUTH 54
DEGREES 10' 08" EAST 1321.26 FEET TO THE TRUE POINT OF BEGINNING.
00CSSFI:702S98.1
9062·S4S M02 [Building #3060]
• • 21387
EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO.
83-25, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 9, 1985.
PARCEL 1A:
AN EASEMENT AND RIGHT OF WAY, TOGETHER WITH THE RIGHT TO CONVEY
SAME TO OTHERS FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER,
ALONG AND ACROSS A STRIP OF LAND 40.00 FEET IN WIDTH LYING WITHIN LOT
"F" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE
CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP; THENCE 25
DEGREES 01' 05" EAST (RECORD SOUTH 24 DEGREES 45' 00" EAST) A
DISTANCE OF 229.00 FEET TO A POINT WHICH POINT IS DESIGNATED ON SAID
MAP AS POINT 23 OF LOT "F". THIS POINT BEING THE TRUE POINT OF
BEGINNING AND WHICH POINT IS THE MOST NORTHERLY CORNER OF LANDS
CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED
JUNE 1, 1937 IN BOOK 622, PAGE 755 OF OFFICIAL RECORDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THE SAID CARPENTER
LAND BEING NOW KNOWN AS ROBERT E. HICK'S PROPERTY; THENCE ALONG
THE WESTERLY AND NORTHWESTERLY BOUNDARY OF SAID CARPENTER
(HICKS) LAND AS FOLLOWS:
SOUTH 11 DEGREES 51' 12"WEST, 315.60 FEET TO AN ANGLE POINT; AND
SOUTH 42 DEGREES 55' 37" WEST, 374.50 FEET TO THE MOST WESTERLY
CORNER OF SAID LAND; THENCE SOUTH 54 DEGREES 10' 08" EAST A
DISTANCE OF 2.14 FEET ALONG THE SOUTHERN BOUNDARY OF THE HICK'S
PROPERTY TO THE CENTER LINE OF THE WATER LINE EASEMENT
PREVIOUSLY GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT AND
KNOWN AS LINE "D" OF THE C.M.W.D.; THENCE SOUTH 42 DEGREES 38' 52"
WEST (ON AND ALONG THE NORTHEASTERLY BOUNDARY OF THE ALLEN
PARCEL NO. 1) DESCRIBED IN EXHIBIT "A" OF SAID DOCUMENT NO. 236220 OF
OFFICIAL RECORDS (AND ON AND ALONG THE CENTER LINE OF SAID LINE "D"
OF THE C.M.W.D.) A DISTANCE OF 938.72 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHEASTERLY, AND HAVING A RADIUS OF
600.00 FEET; THENCE SOUTHWESTERLY ALONG THE CURVE OF SAID ARC
269.80 FEET TO A POINT; THENCE SOUTH 16 DEGREES 38' 52" WEST 386.15
FEET TO THE SOUTHWESTERLY CORNER OF SAID DYE PROPERTY DESCRIBED
IN AFOREMENTIONED DOCUMENT NO. 236219 OF OFFICIAL RECORDS; THENCE
SOUTH 52 DEGREES 32' 21" EAST (ON AND ALONG THE SOUTHWESTERLY
BOUNDARY OF THE SAID DYE PROPERTY AND CONTINUING ON THE SAME
BEARING ALONG THE SOUTHWESTERLY BOUNDARY OF THE ALLEN PORTION 2
DOCSSFI :702598.1
9062·545 M02 [Building #3060)
• • 21388
DESCRIBED IN EXHIBIT "A" OF AFOREMENTIONED DOCUMENT NO. 236200) A
TOTAL DISTANCE OF THIS BEARING OF 1214.69 FEET TO THE MOST
SOUTHEASTERLY CORNER OF SAID ALLEN PORTION 2, WHICH IS THE MOST
SOUTHERLY TERMINUS OF THIS EASEMENT.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL 1.
EXCEPTING THAT PORTION LYING NORTHEASTERLY OF THE
SOUTHWESTERLY LINE OF ROAD SURVEY NO. 1800-1 AS DESCRIBED IN DEED
TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 29, 1969 AS FILE NO.
198734 OF OFFICIAL RECORDS OF SAID COUNTY.
PARCEL 1B:
AN EASEMENT FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS
OVER A PORTION OF LOT 93, MAP NO. 12815, AS MORE SPECIFICALLY SET
FORTH IN THAT CERTAIN DOCUMENT ENTITLED ''TEMPORARY GRADING,
CONSTRUCTION AND ACCESS EASEMENT", RECORDED JUNE 10, 1998 AS
FILE/PAGE NO. 1998-0352324 OF OFFICIAL RECORDS.
PARCEL2:
ALL THAT PORTION OF LOT "F" OF RANCHO AQUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 23 OF SAID LOT "F" AS SHOWN ON SAID MAP NO. 823;
THENCE SOUTH 54 DEGREES 10' 08" EAST (RECORD SOUTH 53 DEGREES 52'
00" EAST) ALONG THE NORTHERLY LINE OF SAID LOT "F" A DISTANCE OF
807.00 FEET TO THE MOST EASTERLY CORNER OF THE LAND CONVEYED BY
CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN
BOOK 622, PAGE 755 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY AND
THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
CONTINUING SOUTH 54 DEGREES 10' 08" EAST ALONG THE NORTHERLY LINE
OF SAID LOT "F" A DISTANCE OF 540.00 FEET; THENCE SOUTH 35 DEGREES 49'
52" WEST AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT "F" A
DISTANCE OF 1166.23; THENCE NORTH 54 DEGREES 10' 08" WEST, A DISTANCE
OF 1321.26 FEET TO THE BOUNDARY OF THE LAND DESCRIBED UNDER
PARCEL 1 IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 AS
FILE/PAGE NO. 52516 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
NORTH 42 DEGREES 24' 42" EAST ALONG SAID BOUNDARY A DISTANCE OF
509.59 FEET TO THE SOUTHWESTERLY LINE OF SAID CARPENTER LANDS;
THENCE SOUTH 54 DEGREES 10' 08" EAST ALONG THE SOUTHWESTERLY LINE
OF SAID CARPENTER LAND, A DISTANCE OF 722.86 FEET, MORE OR LESS, TO
THE SOUTHEASTERLY LINE OF SAID CARPENTER LAND; THENCE NORTH 35
DOCSSFI :702598.1
9062-54S M02 (Building #3060]
• •
2138,9
DEGREES 49' 52" EAST ALONG THE SOUTHEASTERLY LINE OF SAID
CARPENTER LAND; A DISTANCE OF 660.00 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO.
83-25, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 9, 1985.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE
ENVIRONMENTAL TRUST BY GRANT DEED RECORDED JUNE 10, 1998
AS FILE/PAGE NO. 1998-0352323 OF OFFICIAL RECORDS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT F OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON
MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE
DESIGNATED AS SOUTH 89 DEGREES 50' 06" EAST 1094.39 FEET ON THE
SOUTHERLY LINE OF CARLSBAD TRACT NO. 83-25 ACCORDING TO MAP
THEREOF NO. 1.1278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY; THENCE CONTINUING ALONG A PORTION OF SAID
SOUTHERLY LINE NORTH 71 DEGREES 02' 42" EAST 128.42 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 71 DEGREES 02' 42" EAST
452.78 FEET TO A POINT ON THE NORTHWESTERLY LINE OF RECORD OF
SURVEY MAP NO. 8467, FILED IN SAID COUNTY AND STATE; THENCE ALONG
SAID LINE SOUTH 35 DEGREES 50' 50" WEST 370.00 FEET; THENCE LEAVING
SAID NORTHWESTERLY LINE NORTH 54 DEGREES 09' 10" WEST 260.98 FEET TO
THE TRUE POINT OF BEGINNING.
APN: 212-050-43-00 and 212-050-45-00
DOCSSFI :702598.1
9062·545 M02 [Building #3060)
• •
EXHIBIT A
Legal Description
The land described herein is situate in the County of San Diego,
State of California and more particularly described as follows:
21390
Lot 9 of Vista Tract 90-47, in the City of Vista, County of San Diego, State of
California, according to Map thereof No. 12807, filed in the Office of the County
Recorder of San Diego County on April 23, 1991.
APN: 219-540-09-00
lXlCSSFI :702597.1
9062-545 M02 (Building #3062)
~ ~at&t
•
AGENT AUTHORIZATION
Proposed Modifications to an Existing
Wireless Communications Facility
Cltv of Carlsbad
Site Name I Number: AT&T 500344/College & El Camino
Property Address: 5823 Newton Drive, Carlsbad CA 92008
Assessor's l>arcel Number: 212-050-43
•
I, J o '-{\ \\0\ , owner/representative of the above described property, authorize
AT&T Wireless and its agents to act on my/our behalffor the purpose of processing and
securing any land-use or building permits needed for the proposed modifications to an existing
AT&T Wireless facility at the above-referenced location. It is understood that the application Is
subject to reView by the City and comment by the community, and is subject to modification.
Any project changes would require review and approval by the property owner (or his
representative) prior to any final approval by the City.
It is understood that that the approval of this agent authorization letter has no particular bearing
on any related lease negotiations, and the providing of this authorization does not constitute an
acceptance of any lease wHh AT&T Wireless. This authorization only allows the agent to file for
permits associated with the project at hand.
··-~ ofProporty ~''""'"'""""''~'', d .£ PrintName&Title: Jo, j\\\e, r,:_,,/1+1"=> 'i),7"
Date: _J~1r/6::.6-1-/...:.l..t..J __ _
~ «~ ~ CITY OF
CARLSBAD
PROJECT
DESCRIPTION
P-1(8)
PROJECT NAME: AT&T SD0344/College & El Camino-LTE Modificalion
APPLICANT NAME: Courtney Hall, TAlC, Agent on behalf of AT&T Wireless
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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:
Please see attached Project Description & Justification.
P-1(8) Page 1 of 1 Revised 07/1 0
• • • Technology it Associates
AT&T Mobility-500344/College & El Camino
5823 Newton Drive, Carlsbad CA 92008
APN: 212-050-43
Existing Permit: MCUP 10-20
Project Background
On September 6, 2000, GTE Wireless received approval of Conditional Use Permit (CUP 00-19) for the
construction of an unmanned Wireless Communication Facility (WCF) located at 5823 Newton Drive,
Carlsbad CA 92008. On June 17, 2006, GTE Wireless received approval of a five year extension to allow
the continued use of this previously approved unmanned WCF (CUP 00-19x1). On November 24, 2010,
AT&T Wireless received approval of a Minor Conditional Use Permit (MCUP 10-20) to allow the
continued operation and maintenance of an existing WCF, consisting of twelve (12) screened, roof
mounted panel antennas and a 200 square foot equipment room within an existing office/industrial
building.
The subject site is located at 5823 Newton Drive, and is within the Planned Industrial Zone and Local
Facilities Management Zone 5. AT&T is currently the only carrier operating on the existing building. The
existing site is completely "stealth"-all antennas and equipment are located behind screening, and not
visible. The AT&T facility has operated in compliance with existing permit and conditions, and maintains
an integrated appearance. There have been no complaints regarding the facility of which we are aware.
Project Description
AT&T is requesting approval of a modification to MCUP 10-20. The proposed project consists of
modifications to the existing WCF as part of AT& T's network-wide Long Term Evolution (LTE) upgrade.
The proposed modifications include the addition of one (1) new antenna screen, mounted on the
rooftop of the existing building, to match the existing antenna screen, and one (1) new antenna sector
fa~ade-mounted behind an FRP architectural "box." Sheet A-2 of the enclosed project plans clearly detail
the proposed antenna plan. The final antenna count will be a total of (12). Twelve (12) Remote Radio
Units (RRUs), five (5) DC Surge Suppressors, and one (1) GPS antenna will also be installed. All work will
be completely concealed by the existing and proposed rooftop and fa~ade screening. In additional to the
antenna modifications, AT&T proposes to install two (2) new indoor equipment racks within the existing
and approved equipment room.
Justification
The proposed project is part of AT& T's network-wide LTE upgrades throughout San Diego County. The
installation of this new technology will allow significant improvements to the data rate transmission for
wireless devices, which is vital to current and future needs of personal and business communications. To
meet these needs, AT&T is required to make modifications to their existing equipment through the
replacement of antennas and installation of additional radio equipment.
The proposed modifications will be architecturally integrated with the existing building, as shown in the
enclosed photosimulations, and are necessary to help achieve AT&T's coverage objectives. As detailed
•
• • • Technology it Associates
on Sheet A-1, Site Plan, the existing antenna screening area is located on the northerly end ofthe
building. By relocating two (2) of the antenna sectors near the easterly side of the building, AT& Twill
greatly increase the coverage and capacity along College Blvd. and El Camino Real, as detailed in the
enclosed propagation maps.
Conclusion
Thank you for receiving this application requesting the approval of a modification to MCUP 10-20. If you
have any questions regarding this application, please feel free to call me at 858-472-2168.
Sincerely,
Courtney Hall
Project Manager
«~~ ~ CITY Of
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.cartsbadca.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 subdivision or any other group or combination acting as a unit. •
Agents may sign this document; however: the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (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 Elizabeth Ramirez Corp/Part_A_T_&_T_w_ir_el_es_s _______ _
Title Project Manager Title ____________ _
Address 5738 Pacific Center Blvd .. San Diego CA 92121 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.)
Person Jon Allen
Title Facilities Manager
Address _________ _
Corp/Part RPH Industrial LLC
Title Owner
Address PO Box 4900. Scottsdale AZ 85261
Page 1 of 2 Revised 07/1 0
• •
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 Profii/Trust~_N_IA _____ _ Non Profii/Trust. _________ _
Title __________ _ Title; ____________ _
Address __________ _ Address ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes 0 No If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
L..DA
Signature of owner/date Signature of applicanUdate
Print or type name of owner Print or type name of applicant
'5/tD/Il
Signature of owner/applicant's agent if applicable/date
P-1(A) Page 2 of2 Revised 07/1 0
..
«~}
~ CITY OF
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application J!!!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name: Courtney Haii,TAIC, Agent for AT&T Wireless Name: Jon Allen, Facilities Manager
Address: 5473 Kearny Villa Road, Suite 300 Address: 5823 Newton Drive
San Diego, CA 92123 Carlsbad, CA 92008
Phone Number:_8_s_8-4_7_2_-2_1_ss _________ _ Phone Number:_(_7_so_l_8o_2_-4_7_s7 ______ _
Address of Site: 5823 New1on Drive, Carlsbad CA 92008
City of Carlsbad Local Agency (City and County): _______________________ _
Assessor's book, page, and parcel number:_AP_N_:_2_12_-0_5_04_3 _______________ _
Specify list(s}: _____________________________ _
Regulatory Identification Number: ________________________ _
Date of List: _______________________________ _
N!A ·see LO.A
Applicant Signature/Date Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 07/10
• •
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: Y f f--/{ (To be completed by City)
Application Nurnber(s~: ft .... u:.a P /8--~
General Information
1. Name at project: __ A_T&_T_s_o_o34_4_1c_o_lle_g_e_&_E_I c_a_m_in_o __________________ _
2. Name of developer or project sponsor: ---------------------
Address:
City, State, Zip Code:
Phone Number:------------------------------------------------------
3. Name at person to be contacted concerning this project: __:c.::o:::urt.:..n.::e::..y .:..H:::•1_1 ----------
Address: 5473 Kearny Villa Road, Suite 300
City, State, Zip Code: _s_a_n_D_ie..:g_o._c_A_9_2_12_3 ____________________ _
PhoneNumber: __:8.:..58.:..4_7.::2.:..-2.:..1.:..68.:.._ _______________________ __
4. Address of Project: 5823 Newton Drive
Assessor's Parcel Number: _2_1_2-_o_so_4_3 ______________________ _
5. List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Minor Conditional Use Permit; Building Permit
6. Existing General Plan Land Use Designation: _;_P..:.I ________________ _
7. Existing zoning district: _:P_:-::M:..l:(P_::Ia:::n:::n::ed::.::.ln::d:::us:::m:::·•:::.I.::Z:::on:::e:!.) _________________ _
8. Existing land use(s): Commercial Office Buidling/lndustrial Building
9. Proposed use of site (Project for which this form is filed): Wireless Telecommunica1ions Facility. The project
consists of the modification of an existing site.
Project Description
10. Site size: Existing Antenna Screen (15' X 15' X 10') and Existing Equipment Room (10' X 20'), Proposed Antenna Screen (12' X 15')
11. Proposed Building square footage: Additional 12' x 15' of roof space proposed
12: Number of floors of construction: N/A
13. Amount of off-street parking provided: N/A
14. Associated projects: N/A
P-1(0) Page 2 of 4 Revised 07/1 0
• •
15. If residential, include the number of units and schedule of unit sizes: _N_t_A ________ _
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: Site located on existing commercial office building/Industrial building
17. If industrial, indicate type, estimated employment per shift, and loading facilities: ....:.N:::1A.:._ ___ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: _:_N::.:IA_:_ ______ _
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: Minor Conditional Use Permit required for the modification of an existing
Wireless Telecommunications Facility.
P-1(D) Page 3 of 4 Revised 07/10
• • •
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or
roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes No
D 0'
D jZ
D )i1
D 0
D 0
D 0
D 121
D .0
D 0
D 0'
D JZf
D 0
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief.
Date: 5/1 D{WI.[ Signature:
For:
P-1(0) Page 4 of 4 Revised 07/10
<(~~CITY Of
~CARLSBAD
• • FILE COPY
1·~4-t;;;J
Community & Economic Development www.carlsbadca.gov
NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT
Notice is hereby given that a Minor Conditional Use Permit Amendment (MCUP 10-20(A)) has
been submitted to allow for the demolition of an existing rooftop antenna equipment structure
located at Life Technologies, including all associated AT&T antennas located within the
equipment structure, to install 3 new fa9ade-mounted antennas screens on 3 building elevations
to accommodate a total of 12, 8-foot-tall directional panel antennas (4 per sector), to attach
accessory-related wireless communication equipment to the interior facade of existing building
parapets, and to upgrade the existing equipment room located within the existing building with
new technology. The Life Technologies property is generally located at the northeast terminus
of Newton Drive, is addressed as 5823 Newton Drive, Carlsbad, California, and is more
particularly described as:
All that portion of Lot "F" of Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California, according to
map thereof No. 823, filed in the Office of the County Recorder of
San Diego County, November 16, 1896.
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 10-20(A)
CASE NAME: AT&T SD0344 LTE MODIFICATION
PUBLISH DATE: January 24,2012
CITY OF CARLSBAD
PLANNING DIVISION
G Planning Division
• 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
• •
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO
THE CITY OF CARLSBAD ON THIS DA.TE REPRESENT THE LA.TEST AVAILABLE
iNFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
Ss 'l ?> NEw'! oi\J L)R.
BY: · C\flE~
DATE: APe ; L J 1) 2 o I I
RECEIVED BY
DATE: ____________________ _
•
•
AT&T 500344/College & El Camino
5823 Newton Drive, Carlsbad CA 92008
Propagation Maps
LEGEND
D EXCELLENTCOVERAGE
D GOOD COVERAGE
D AVERAGE COVERAGE
D POOR COVERAGE
D NO COVERAGE
LEGEND
D EXCELLENTCOVERAGE
r:::J GOOD COVERAGE
D AVERAGE COVERAGE
D POOR COVERAGE
D NO COVERAGE
LEGEND
D EXCELLENTCOVERAGE
D GOOD COVERAGE
D AVERAGE COVERAGE
D POOR COVERAGE
D NO COVERAGE
------------
ELECTROMAGNETIC ENERGY (EME) EXPOSURE REPORT
Site Name:
Site ID:
USID:
Site Type:
Location:
Latitude:
Longitude:
Report Completed:
College El Camino
SD0344
15201
Rooftop
5823 Newton Drive
Carlsbad, CA 92008
33.12992
-117.20473
April 30, 2012
RECEIVED
AUG 1 6 2013
CITY OF CARLSBAD
PLANNING DIVISION
Prepared for: Black a nd Veatch
9820 Willow Creek Road
Suite 250
San Dieg o , CA 92131
SITE OVERVIEW & DESCRIPTION
• The antennas are facade mounted behind RF screens on a building.
• Site consists of three sectors with a total of twelve ( 12) antennas.
• There are no buildings immediately adjacent to the site.
• This site is not collocated.
90 180 210
4 4 4
GSM/UMTS/L TE GSM/UMTS/L TE GSM/UMTS/L TE
28.5 28.5 28.5
-4 -4 -4
Kathrein Kathrein Kathrein
800-10766 800-10766 800-10766
OSC Engineering Inc. I www.OSCengineering.com 1 858 436 4120 Page 2/9
•
•
COMPLIANCE SUMMARY
Occupational Safety & Compliance
Engineering (OSCE) has been
contracted by AT&T to conduct an
RF (radio frequency) computer
simulated analysis. The FCC has set
limits on RF energy exposed to
humans on a wireless cell site in order
to ensure safety. The FCC has also
mandated that all RF wireless sites
must be in compliance with the FCC
limits and a compliance check must
be performed annually to ensure site
compliance. This report is an in depth
analysis summarizing the results of the
RF modeling provided to us by AT&T
and in relation to relevant FCC RF
compliance standards.
OSCE uses the FCC OET-65 as well as
AT&T ND-00059 to make
recommendations based on results
and information gathered.
A site-specific compliance plan is
recommended for each transmitting
site. This report serves as a single
piece of the overall compliance
plan.
RF Sign(s)@ access point(s): . .
Post INFORMATION 1 Sign@ all access potnts (to be tnstalled)
RF Sign(s) and/or barriers@ antenna sector A: .
Install INFO 2 Sign on parapet above antennas (to be Installed)
RF Sign(s) and/or barriers@ antenna sector B: .
Install INFO 2 Sign on parapet above antennas (to be Installed)
RF Sign(s) and/or barriers@ antenna sector C: .
Install INFO 2 Sign on parapet above antennas (to be Installed)
Max RF Exposure Level from AT&T antennas (Transmitting Into mid-
air):
61 0.4 % General Population @ Sector A
611.4 % General Population @ Sector B
618.2 % General Population @ Sector C
Max RF Exposure Level AT&T (Transmitting into mid-air):
618.2 % General Population
Max RF Exposure Level from AT&T antennas (ground):
3.30 % General Population
FCC and AT&T Compliance Status:
Compliant with recommendations
OSC Engineering Inc. 1 www.OSCengineering.com I 858 436 4120 Page 3/9
Antenna Inventory
All technical data and specifications shown below are collected from drawings and/or documents provided by the client. as well as from online
databases and/or a visit to this facility. Unknown wireless transmitting antennas are simulated using conservative values when information is not available.
I~!Jnf
• ' I• I • ' : t' I 1,:1' \r I ' I Ill I '' dt I I \• ,. ',. I ( I ( • ' r ' ( I It,. I '' l• • I I ~ ,.,. ,., of " t I • I' I I I •' ' ! I ' "'
r,,·r')\tll) 1)1· t! r··t. : .• t· '•• I...... ·,,. f't• .. r• • •-?t • 1!1 ,..... • ..... 'I• 1 ,\,.,.,' I• Ho ,., ......... I .'' H /1ft
A1 AT&T 700
A2 AT&T 850
A2 AT&T 1900
A3 AT&T 850
A3 AT&T 1900
A3 AT&T 850
A3 AT&T 1900
A4 AT&T 700
81 AT&T 700
82 AT&T 850
82 AT&T 1900
83 AT&T 850
83 AT&T 1900
83 AT&T 850
83 AT&T 1900
84 AT&T 700
C1 AT&T 700
C2 AT&T 850
C2 AT&T 1900
C3 AT&T 850
C3 AT&T 1900
C3 AT&T 850
C3 AT&T 1900
C4 AT&T 700
X1 Unknown 5000
250
500
500
250
250
250
250
250
250
500
500
250
250
250
250
250
250
500
500
250
250
250
250
250
1300
14.25 Panel
13.65 Panel
16.35 Panel
13.65 Panel
16.35 Panel
13.65 Panel
16.35 Panel
14.25 Panel
14.25 Panel
13.65 Panel
16.35 Panel
13.65 Panel
16.35 Panel
13.65 Panel
16.35 Panel
14.25 Panel
14.25 Panel
13.65 Panel
16.35 Panel
13.65 Panel
16.35 Panel
13.65 Panel
16.35 Panel
14.25 Panel
30 Dish
Kathrein
800-10766
Kathrein
800-10766
Kathrein
800-10766
Kathrein
80Q-10766
Kathrein
800-10766
Kathreln
800-10766
Kathrein
80Q-10766
Kathrein
80Q-10766
Kathrein
80Q-10766
Kathrein
800-10766
Kathreln
80Q-10766
Kathrein
800-10766
Kathrein
800-10766
Kathrein
800-10766
Kathrein
800-10766
Kathrein
800-10766
Kathrein
80Q-10766
Kathrein
80Q-10766
Kathrein
80Q-10766
Kathrein
800-10766
Kathrein
80Q-10766
Kathreln
800-10766
Kathrein
800-10766
Kathrein
800-10766
Unknown
4
4
4
4
4
4
1
1
1
1
1
1
1
1
1
1
1
1
OSC Engineering Inc. 1 www.OSCengineering.com
1 90 8 68 90 40 28.5 -4
90 8 65 87 40 28.5 -4
90 8 62 87 40 28.5 -4
90 8 65 84 40 28.5 -4
90 8 62 84 40 28.5
90 8 65 84 40 28.5 -4
90 8 62 84 40 28.5 -4
1 90 8 68 82 40 28.5 ·4
1 180 8 68 62 40 28.5 -4
180 8 65 62 43 28.5 -4
180 8 62 62 43 28.5 -4
180 8 65 62 46 28.5 -4
180 8 62 62 46 28.5 -4
180 8 65 62 46 28.5 -4
180 8 62 62 46 28.5 ·4
1 180 8 68 62 48 28.5 -4
1 210 8 68 90 90 28.5 -4
210 8 65 92 88 28.5 -4
210 8 62 92 88 28.5 -4
210 8 65 94 86 28.5 -4
210 8 62 94 86 28.5 -4
210 8 65 94 86 28.5 ·4
210 8 62 94 86 28.5 -4
1 210 68 96 84 28.5 -4
180 80 72 44 30.5 2
858 436 4120 Page 4/9
THEO RETICAL SIMULATION RESULTS
Computer Analysis Result-view of MPE {Maximum Permissible Exposure) diagram of the facility.
For the purpose of theoretical
simulation, OSC Engineering
models antennas as if they are
operating at full power ( 1 00%
capacity). This assumption yields
more conservative (higher)
results. On-site measurements
may yield different results, as
antennas do not always operate
at full capacity. To the right is a
resu lt diagram of the site in
question. The diagram is a color-
coded map per ND-00059 levels,
which coincide with FCC MPE
Limits. Any exposure resulting in a
level higher than 1 00% exceeds
the Limits and requires further
action, such as barriers. A level
exceeding 1 00% does not make
a site out of compliance. All
results are given in General
Population percentages even
when a site may be considered
Occupational.
• At&r
Un nown
Cleorwlre
Crlcll:et
Metro PCI ......,,.......
T-Moblle
• Verlaon
<:) OIRnl -4 Dhlt
6111 Oetr Le1el
M•Lewel l.teS
~:: r.:
r::: :':I
:::: c --·-
:::: c
,;: c
r:: r.:::
Sltei):S~ Site NOme: C91e_ge !I Camino
[
r-~ ::2 n ,~ r.z '..: . ----·· ·~ ----·-=::-....... -
c 1:::1 c ::2 :-:: o=, t
I
:::2 Cl c::: :::: -:::: t :.:.:t
I u ~
r::J Cl 0 0 ::: t:: ~ -I ;
n c :'.2 :::: r.z :;:: 0t-
'-t-----~ c c c c::: t'::: _ ........ I _.,.,... ___ ___ _._ --~
I ~
/ ---.
Ground Level
OSC Engineering Inc. 1 www.OSCengineering.com I 858 436 4120
-----------__ _...... .....
\
\J / ,-<._ /_,.,_l
Page 5/9
Computer Analysis Result-view of MPE {Maximum Permissible Exposure) diagram of the facility. (Levels are transmitting in to mid-air and the
rooftop is not directly affected by the result)
Site 10: 500344
..... R • AT&T
Untno n
Clearwlre
Cricket J::t -~ :t::X . -= r.::x ~ ~-~-
Metro PCS I ~fii ......UP611t ._. -o...n••oft"f' ~01~~
-M.U>tt llttolli_. N lO 1/111t11"•1'0'
Spdnt/Nextel "Nf(_I10.C....:.O
~ x:::= t..--=: t;"" :;::;: ~ t::t -T-Moblle -• Verlzon e Omnl ):::: ~ :-.:: ~ ~ t::t
-G DIsh .... , , .... ,~ ..
X::: ~-:::X );;.~ ~ ~~ ---... _
.u ...... aresotFCc
~Pul*t---MNUmlt --:t:: ~~ :t:.: = t::t t::t
, .... -"'·•"'' ....
AI•I QDI3£ L•lll -... ):~ J;;.: t::t ~
,......... ... ~,...
Max Level: '11.2S ~, ................ ,,". . ....,.,.. ................. ~ ..
..,..,,Cfloc.t"PI(III
ElCpOSU'C lCYOI ~ 5000
OSC Engineering Inc. www.OSCengineering.com 1 858 436 4120
l:l ::x l
~ -. ~r-l:t::C
L.y..-
I_
:-· ~
....... I . )
I
1
I
, .... , ...... -.--.-
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-......... _,._ ........ _ .. -· ...... -·
·---o-.· 4f&' ...,.._""""" ~·• ""·-~--r ... v-~· <~~~~·,. • ,.,.... ...... ~ ,.. .... _,~ .... ..,.
Page 6/9
•
LIMITATIONS
OSC Engineering completed this evaluation analysis based on information and data provided by the client. The data provided by the client is
assumed to be accurate and is based off the assumption that the information is correct. Estimates of the unknown, standard, and additional
transmitting sites are noted and based on FCC regulation and client requirements. These are estimated to the best of our professional
knowledge. This report is completed by OSC Engineering to determine whether the wireless communications facility complies with the Federal
Communications Commission ("FCC") Radio Frequency ("RF") Safety Guidelines. The FCC and references from OET-65 set safety regulation and
limits. As each site is getting upgraded and changed, this report will become obsolete as this report is based on current information per the client,
per the date of the report. Use of this document for purposes other than intended will not hold OSC Engineering Inc. nor it's employees liable. This
document may contain minor grammatical and spelling errors.
FCC MPE Limits (from OET-65)
OSC Engineering uses the FCC's and clients' guidelines to model the computer simulation. Explained in detail in Office of Engineering &
Technology, Bulletin No. 65 ("OET-65") "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic
Radiation".
Occupational/controlled exposure limits apply to situations in which 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. Occupational/controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through
a location where exposure levels may be above general population/uncontrolled limits (see below), as long as the exposed person has been
mode fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other
appropriate means. As discussed later, the occupational/controlled exposure limits also apply to amateur radio operators and members of
their immediate household.
General population/uncontrolled exposure limits apply to situations in which the general public may be 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 would always be considered under this category when exposure is not employment-
• related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area.
Limits for Maximum Permissible Exposure (MPE)1
"The FCC Exposure limits are based on data showing that the human body absorbs RF energy at some frequencies more efficiently than at others.
The most restrictive limits occur in the frequency range of 30-300MHz where whole-body absorption of RF energy by human beings is most
efficient. At other frequencies whole-body absorption is less efficient, and, consequently, the MPE limits are less restrictive.'''
' OET-65 "FCC Gu'1delines Table 1 pg. 72.
'OET-65 "FCC Guidelines for Evaluating Exposure to RF Emissions", pg. 8
OSC Engineering Inc. I www.OSCengineering.com I 858 436 4120 Page 7/9
•
•
(A) Urn!H 101 Occupaftonai{Conll'olled Exposure
Frequency
Range (MHZ)
0.3-3.0
3.0-30
32-300
300-1500
1500-100,000
Electric Field Magnetic Field
Strength (E) (V/m) Strength (H) (A/m)
614
1842/f
61.4
1.63
4.89/f
0.163
Power Density (S)
(mW/cm')
1100)'
(900/~)'
1.0
f/300
5
(B) Limits for General Populaflon /Unconll'olled Exposure
Frequency
Range (MHZ)
0.3-1.34
1.34-30
30-300
300-1500
1500-100.000
Electric Field Magnetic Field
Strength (E) (V /m) Strength (H)(A/m)
614
824/f
27.5
1.63
2.19/f
0.073
Power Density (S I
(mW/cm')
1100)'
(180/~1'
0.2
f/1500
1.0
6
6
6
Averaging Time
)EI'. IH)'ors
f-Frequency in MHz *Plane-wove equivalent power density
Figure 1. FCC Limits for Maximum Permissible Exposure (MPE)
Plane-wave Equivalent Power Density
t.ooo,---,----,---,----,---,-----,,.,---,--,--,
100
10
5
0.2 ,_---_.,
/
/
/
/
,----------
O.lc_ __ ;;':;--~:--!;---;0;----;;;!;;;-~~=-="""-~::;-',
0.03 0.3 l 3 30 300 13.000 30,000 1300,000
1.34 1,500 100,000
Frequency (MHZ)
"MPE Limits are defined in terms of power density (units of milliwatts per centimeter squared: mW/cm'). electric field strength (units of volts per
meter: V /m) and magnetic field strength (units of amperes per meter: A/m). In the far-field of a transmitting antenna, where the electric field
vector (E), the magnetic field vector (H), and the direction of propagation can be considered to be all mutually orthogonal ("(plane-wave"
conditions], these quantities are related by the following equation .
s 37.7H2
3770
where: S =power <knsity (mWicm')
E =electric field strength (V/m)
H = magnrtic field sttength (Aim)
OSC Engineering Inc. I www.OSCengineering.com I 858 436 4120 Page 8/9
RECOMMENDATION
• Access Point
Post INFORMATION 1 Sign
@ all access points (to be
installed)
•AT&T Sec tor A
Install INFO 2 Sign on
parapet above antennas
(to be installed)
•AT&T Sector B
Install INFO 2 Sign on
parapet above antennas
(to be installed)
•AT&T Sector C
Install INFO 2 Sign on
parapet above antennas
(to be installed)
Site D: SD03 14 Site Nome: College e Ccm ~no
:.::
= -: t::: t:.:l 1:.:% :::1 -t.::
1-1 u r:" lc:l u n n 1.:.:
·--.,_
t 1
Cl IC t::: :::: = ~ z::: n: ::I
' 't-"1 :.::: r:::r u c r.s t% It:: lt:::l I '--,__ --·. -I r:::: ~ u t.= t" = ~ • ---------·----...... __ -···-
---·· ··------------........ _
OSC Engineering Inc 1 www.OSCengineering.com 1 858 436 4120
--···---. ·-----.. __ --
--~-~---·---
----.. -..... . -.. --
,_ ... ---------·---·-···-... --... -
/ * /~
Page 9/9
• •
Discretionary Review Checklist
PROJECT NUMBER: MCUP 10-20(A)
BUILDING ADDRESS: ____ ___:5~8~2~3..!.N~e~wt~o~n!..!D:::!r.!!iv~e __
CARLSBAD 92008
PROJECT DESCRIPTION: LTE Modification
ASSESSOR'S PARCEL NUMBER: 212-050-43-00
FIRE DEPARTMENT
APPROVAL
The item you have submitted for review has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any changes to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comments attached,
as failure to comply with instructions in this report can
result in suspension of permit to build.
By: G. RYAN Date: 06.01.11
ATTACHMENTS
DENIAL
Please see the attached report of deficiencies
marked with [8]. Make necessary corrections to
plans or specifications for compliance with
applicable codes and standards. Submrt corrected
plans and/or specifications to this office for review.
By: --------Date:
By: --------Date:
By: --------Date:
FIRE DEPARTMENT CONTACT PERSON
NAME: Greg Ryan, Deputy Fire Marshal
City of Carlsbad
ADDRESS: 1635 Faraday Ave
Carlsbad, CA 92008
PHONE: (760) 602-4663
• (~4 CITY OF '~l~ CARLSBAD
Memorandum
May 18,2011
To:
From:
Via:
Re:
Shannon Werneke, Project Planner
David Rick, Project Engineer
Glen Van Peski, Senior Civil Engineer
MCUP 10-ZO(A) AT&T SD0344 LTE MODIFICATION
Completeness and Conditions
•
Land Development Engineering has completed its review of the above referenced project for
application completeness and has determined that the application and plans submitted for this
project are complete and suitable for continued review. Engineering staff does not have any
comments to add to the project. Please add the following conditions to the approving
resolution/letter:
1. Developer shall comply with the city's Storm water Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention
and educational practices, maintenance procedures, and other management practices
or devices to prevent or reduce the discharge of pollutants to stormwater, receiving
water or stormwater conveyance system to the maximum extent practicable. Developer
shall notify prospective owners and tenants of the above requirements.
If you or the applicant has any questions regarding the above, please either see or call me at
extension 2781.
~
David Ric~
Associate Engineer-Land Development Engineering
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
• • a FILE
Community & Economic Development www.carlsbadca.gov
September 11, 2013
M&M Telecom, Inc.
Attn: Ms. Debbie Leung
6886 Mimosa Drive
Carlsbad, CA 92011
SUBJECT: MINOR CONDITIONAL USE PERMIT AMENDMENT NO. MCUP 10-20(A) -AT&T SD0344
LTE MODIFICATION-Request for approval of a Minor Conditional Use Permit Amendment to modify an
existing AT&T Wireless Communications Facility (WCF) and allow for the demolition of an existing
rooftop antenna equipment structure containing a total of 9, 4-foot-tall AT&T panel antennas located
at Life Technologies and replace the structure with 12, 8-foot-tall fa~ade-mounted directional panel
antennas located behind three RF antenna screens which will be textured and painted to match the
existing stucco color of the building. In addition, accessory-related wireless communication equipment
is proposed to be attached to the interior facade of the existing building parapets and an upgrade to the
equipment room (no additional square footage) located within the existing building is proposed. The
Life Technologies property is generally located at the northeast terminus of Newton Drive and is
addressed as 5823 Newton Drive in the Planned Industrial (P-M) Zone and Local Facilities Management
Zone 5.
Dear Ms. Leung,
The City Planner has completed a review of your application for a Minor Conditional Use Permit
Amendment, MCUP 10-20(A)-AT&T SD0344 LTE MODIFICATION to modify an existing AT&T Wireless
Communications Facility (WCF) and allow for the demolition of an existing rooftop antenna equipment
structure containing a total of 9, 4-foot-tall AT&T panel antennas located at Life Technologies and
replace the structure with 12, 8-foot-tall fa~ade-mounted directional panel antennas located behind
three RF antenna screens which will be textured and painted to match the existing stucco color of the
building. In addition, accessory-related wireless communication equipment is proposed to be attached
to the interior facade of the existing building parapets and an upgrade to the equipment room (no
additional square footage) located within the existing building is proposed.
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 day notice period (ending on
February 3, 2012). After careful consideration of the circumstances surrounding this request, the City
Planner has determined that the four findings required for granting a Minor Conditional Use Permit
Amendment 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
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
MCUP 10-20(A) -AT&T SD!4 LTE MODIFICATION ,.. ~ ...--~")' . • · September 11, 2013
Pa e'l!
applicable, the certified local coastal program, specific plan or master plan in that (a) the use is
necessary and desirable for the development of 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 proposed use is
consistent with the General Plan in that the Planned Industrial (P-M) Land Use designation
does not preclude the provision of Wireless Communication Facility (WCF) uses. The
proposed WCF is consistent with City Council Policy No. 64, Wireless Communication
Facilities, in that it is located in a preferred non-residential location (i.e., industrial zone) and
exhibits a stealth design. The project's location and stealth design comply with General Plan
objectives that seek to 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 WCF is located within a
preferred non-residential location (i.e., industrial 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 as
the proposed antennas (total of 12, 8' -tall antennas; 4 per sector) will be completely hidden
behind a total of three RF transparent screens which will be textured arid painted to match
the existing stucco color of the building. The WCF use is not precluded by the project site's
Planned Industrial (P-M) Zone. Furthermore, the installation of 1Z antennas behind RF
screens will not result in any additional building coverage and will be attached to elevations
which are not visible from Newton Way (i.e. least visible to the public) and least disruptive to
the appearance of the host property. As an existing rooftop equipment structure will be
removed as part of MCUP 10-20(A), the views of the WCF from adjacer1t properties will be
improved. In addition, the project has been conditioned to comply 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 City Planner in order to
integrate the use with other uses in the neighborhood in that the proposed antennas (total of
12, 8'-tall antennas; 4 per sector) will be mounted behind three RF transparent screens which
will be textured and painted to match the existing stucco color of the Life Technologies
building. In addition, the existing equipment structure located within the building will be
upgraded. As the equipment structure is located interior to the building and the RF screens
will be mounted to the facades of the building, the setbacks, existing landscaping and parking
on-site will not be impacted. As an existing rooftop equipment structure with 9, 4-foot-tall
panel antennas will be removed as part of the MCUP Amendment, MCUP 10-20(A), the views
of the WCF from adjacent properties will be improved.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the modified WCF requires, on average, only monthly
maintenance visits and occasional visits in response to operational problems. In addition, the
existing street system is adequate to properly handle any traffic generated by the use.
5. That the existing WCF is consistent with City Council Policy No. 64 in that the WCF is located
within a preferred location (Planned Industrial Zone) as listed in Location Guideline A.1.a. of
City Council Policy Statement No. 64, exhibits stealth design, and only minor alterations to the
site are proposed to accommodate the use. The proposed equipment cabinet will be located
• • MCUP 10-20(A)-AT&T SD0344 LTE MODIFICATION
September 11, 2013
Pa e 3
within the existing building and the proposed twelve (12) antennas will be screened by an
(RF) transparent screen material that is painted and textured to match the existing building_
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 15303 -(New Construction or Conversion of
Small Structures), of the state CEQA Guidelines. Additionally, as AT&T 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:
1. Approval is granted for MCUP 10-20(A)-AT&T 500344 LTE MODIFICATION, as shown on
Exhibits "A-L" dated September 11, 2013 on file in the Planning Division 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 Amendment.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to MCUP 10-20(A) documents, as necessary to make them internally consistent
and in conformity with the final action on the project. Development shall occur substantially as
shown on the approved Exhibits. Any proposed development different from this approval shall
require an amendment to this approval.
4. 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 Amendment, (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
• MCUP 10-20(A)-AT&T SD0344 LTE MODIFICATION • September 11, 2013
Pa e 4
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.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances
in effect at the time of building permit issuance.
6. This project shall comply with all conditions and mitigation measures, which are required as
part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits.
7. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the (Site
Plan) reflecting the conditions approved by the final decision-making body.
8. MCUP 10-20(A) 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 ofthe 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.
9. This Conditional Use Permit is granted for a period of ten years from September 11, 2013
through September 10, 2023. 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 10 years upon written
application of the permittee made no less than 90 days prior to the expiration date. The
Planning Commission may not grant such extension, unless it finds that there are no substantial
negative effects on surrounding land uses or the public's health and welfare. If a substantial
negative effect on surrounding land uses or the public's health and welfare is found, the
extension shall be denied or granted with conditions which will eliminate or substantially
reduce such effects. There is no limit to the number of extensions the Planning Commission
may grant.
10. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing
project are challenged this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be invalid
• MCUP 10-20(A)-AT&T SD0344 L TE MODIFICATION • September 11, 2013
Pa e 5
unless the City Council determines that the project without the condition complies with all
requirements of law.
11. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Minor Conditional Use Permit Amendment, MCUP 10-ZO(A), on the real property
owned by the owner/applicant. 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 owner/applicant or successor in
interest.
12. This approval shall become null and void if building permits are not issued for this project within
24 month~ from the date of project approval.
13. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
14. 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 City Planner 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 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.
15. The RF screens for the panel antennas shall be painted and textured to match the existing
building.
Engineering:
16. The Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
• MCUP 10-20(A)-AT&T SD0344 LTE MODIFICATION • September 11, 2013
Pa e 6
Code Reminders:
17. 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.
18. Premise identification (addresses} shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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 Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $620.00. 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,
~DeW
CHRIS DeCERBO
Principal Planner
CD:SW:sm
c: Wendell Bashneckle, Life Technologies, 5791 Van Allen Way, Carlsbad, CA 92008
Joseph Palma, Black & Veach Corporation, 10089 Willow Creek Road, Suite 350, San Diego, CA 92131
Don Neu, CitY Planner
Michele Masterson, Senior Management Analyst
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
File Copy
DMS/Data Entry
4~.A._ CITY OF
VcARLSBAD
Planning Division
March 12, 2012
Mr. Jim Kennedy
Technology Associates
•
5473 Kearney Villa Road, Suite 300
San Diego, CA !)2123
• u FILE
www.carlsbadca.gov
SUBJECT: MCUP 10-20(A) -AT&T SD0344 LTE MODIFICATION -CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS
DETERMINATION
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 15303 (New Construction or Conversion of Small Structures). No
environmental review is required for the project.
A Notice of Exemption will be filed following the approval of the project with the San Diego
County Clerk's Office which involves a filing fee. Please submit a check to the project
planner in the amount of $50.00 made out to the San Diego County Clerk.
For additional information related to
contact the project planner,
shannon.werneke@carlsbadca.gov.
[~
DON NEU, AJCP
City Planner
DN:SW:sm
this CEQA applicability/process determination, please
Shannon Werneke, at (760) 602-4621 or
c: Jon Schaeffer, Life Technologies, 5791 Van Allen Way, Carlsbad, CA 92008
Elizabeth Ramirez, AT&T Mobility, 7337 Trade Street, 3East, Room 3684, San Diego,
CA 92121-4202
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
File Copy
Data Entry
~~A_ CITY OF
VcARLSBAD • • FILE COt~
Planning Division www.carlsbadca.gov
January 13, 2012
TAlC
Attn: Mr. Jim Kennedy
9089 Clairemont Mesa Boulevard, Suite 200
San Diego, CA 92123
SUBJECT: 2"d REVIEW FOR MCUP 10-20(A) -AT&T 500344 LTE MODIFICATION
The items requested from you earlier to make your Minor Conditional Use Permit Amendment,
application no. MCUP 10-20(A) complete have been received and reviewed by the Planning
Division. It has been determined that the application is now complete for processing. Although
the initial processing of your application may have already begun, the technical acceptance date
is acknowledged by the date of this communication.
Please note that although the application is now considered complete, there may be issues that
could be discovered during project review and/or environmental review. Any issues should be
resolved prior to scheduling the project for public hearing. In addition, the City may request, in
the course of processing the application, that you clarify, amplify, correct, or otherwise
supplement the basic information required for the application.
At this time, the City asks that you provide (3) complete 11" x 17" sets and (1) 24" x 36" set of
the development plans so that the project can continue to be reviewed. The City will complete
the review of your resubmittal within 25 days.
Sincerely
Principal Planner
CD:SW:sm
c: AT&T Mobility, Attn: Elizabeth Ramirez, 7337 Trade Street, 3East, Room 3684, San
Diego, CA 92121-4202
Life Technologies, Attn: Jon Allen, 5791 Van Allen Way, Carlsbad CA 92008
Don Neu, City Planner
David Rick, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry
Technology it Associates •
Date: December 13, 2011
To: Shannon Werneke
From: Jim Kennedy
•
RECEIVED
DEC 14 2ull
CITY OF CARLSBAD
PLANNING DIVISION
Subject: Resubmittal for AT&T Site SD0344-MCUP 10-20(A)
Thank you for working with us on this project, Shannon.
We hope you will find this redesign acceptable. The site is one which is lagging far
behind most of AT& T's 4G/LTE deployment and we're hoping to get a building
permit application in as soon as possible.
Please call me 619-993-1057 or email if there are any minor items we can work out,
perhaps avoiding another iteration cycle.
Background
• • Technology ~Associates
Resubmittal of Application Materials
AT&T Mobility-500344/College & El Camino
5823 Newton Drive, Carlsbad CA 92008
MCUP 10-20 (A)
12-13-11
Application submitted 5-11-11
Comment letter dated 5-26-11
Comment letter indicated design modifications.
Department direction to coordinate with Verizon Wireless.
Coordination efforts made until Verizon withdrew their application.
Resubmittal
Planning
o Project Design: The project has been completely redesigned to exhibit a stealth design. We
have avoided the expansion of the rooftop structure, per staff direction, by proposing the
complete removal of all existing and proposed wireless equipment/enclosures, in
conformance with Policy 64. Specifically, following Comment Letter item (d), the AT&T LTE
antennas are proposed within architectural enclosures on the existing rooffascia ..
The design, location and size of the antenna enclosures have been carefully considered.
The RF design suffers somewhat with the loss of height from the roof, and the RF design
team accepted the compromise solution. The architectural screens are located in the rear
area of the building and site, and will not in any way detract from the appearance of the
building or create any significant visual impact from beyond the project site. In fact, it was
difficult to even obtain clear-view photographs to generate photosimulations.
o Antenna Size: There is a common misconception that what one wireless carrier or wireless
design that a site utilizes can be employed at another site. This is not the case. The RF
design of cell sites varies greatly from one location to another. The following are some of
the factors that influence choice of antenna design:
• Carrier. Each wireless carrier utilizes different technology and radio spectrum.
Different radio spectrum propagates signal in different ways.
• Technology being deployed. Each modification proposed by a carrier is being done
to implement new technology. For example, earlier generations of wireless
installations deployed voice-only services. Second generation, 2G cellular telecom
networks were first commercially launched on the GSM standard in Finland in 1991
and elsewhere shortly thereafter, including the United States['] Three primary
•
•
• • Technology it Associates
benefits of 2G networks over their predecessors were that phone conversations
were digitally encrypted, made more efficient use of the spectrum, allowing a far
greater number of calfs to be carried, and 2G introduced data services for mobile,
starting with SMS text messages. After 2G was launched, the previous mobile
telephone systems were retrospectively dubbed 1G. While radio signals on 1G
networks are analog, radio signals on 2G networks are digital. 2G technologies can
be divided into TDMA-based and CDMA-based standards depending on the type of
multiplexing used. Generally speaking each technology deployed (i.e. voice, data)
requires a separate, dedicated antenna of a specified type/size as dictated by the RF
design. The next generation of wireless services is typically referred to as "3G", and
these systems are generally based upon UMTS technology. Universal Mobile
Telecommunications System (UMTS) is a third generation mobile cellular
technology for networks based on the GSM standard. Developed by the 3GPP (3rd
Generation Partnership Project), UMTS is a component of the "International
Telecommunications Union IMT-2000" standard set and compares with the
CDMA2000 standard set for networks based on the competing CDMA-One
technology. UMTS employs wide band code division multiple access (W-CDMA)
radio access technology to offer greater spectral efficiency and bandwidth to
mobile network operators. What this means is that UMTS constitutes a complete
network system, covering the "radio access network" and the authentication of
users via SIM cards (Subscriber Identity Module). It is interesting to note that a new
generation of cellular standards has appeared approximately every tenth year since
1G systems were introduced in 1981/1982. Each generation is characterized by new
frequency bands, higher data rates and non backwards compatible transmission
technology. The first release ofthe 3GPP Long Term Evolution (LTE) standard does
not completely fulfill the "4G" requirements called IMT-Advanced. First release LTE
is not backwards compatible with 3G, but is a pre-4G or 3.9G technology, however
sometimes branded "4G" by the service providers. Its evolution L TE Advanced is a
4G technology. WiMAX is another technology verging on or marketed as 4G. Again,
as each of these technologies is developed, they are deployed not as replacement
equipment at the individual WCFs, but as entirely new systems that run alongside
existing, on-site technologies. Again, each technology has its own RF design based
upon system requirements.
Physical Location. Each site comes with unique, site-specific factors that drive the
RF design, such as surrounding topography and physical obstructions, the distance
of the site from primary coverage objectives, and the proximity of the site from
surrounding sites within the network.
Specific RF Design. The functional characteristics of a cellular antenna are directly
related to the size of the antenna. This is determined by simple physics. The
horizontal plane of the transmission field for a smaller antenna (e.g. 4') will
propagate at a greater or "fatter" angle. This antenna might be used, for example
for an "urban in-fill" site where distance it not desired as much to transmit to a
great distance, as it is to have signal control and avoid interference with other sites
in the network; this kind of signal pattern fills in better at a closer distance but
doesn't propagate particularly far downrange. The horizontal plane of the
transmission field for a larger antenna (e.g. 8'-12') will propagate at a smaller, or
"slimmer" angle. This antenna might be used, for example for a lower density area
where propagating signal over a greater distance is desired. This antenna is also
• • Technology it Associates
used in some instances for interference avoidance, since they can be "aimed" more
precisely. Because the signal pattern from a larger antenna propagates better
downrange, it is often used in areas like the proposed AT&T "500344 College-EI
Camino" site. A 4ft. antenna in this located would not propagate signal efficiently
enough regarding horizontal distance across the terrain. Thus the selection of the
8' antenna.
o The technical notes/corrections as requested by staff have been provided. The
antennas/antenna screens will project from the wall 2', as detailed on plansheet A-2.
o Photosimulations have been provided utilizing current images of the newly painted building.
Pursuant to Planning comment 1-d, architectural screening elements have been added to the building
which completely conceal the antennas.
Sincerely,
Jim Kennedy
Project Manager
{1\((112'> ':',);~" (
' '
·~ -~cARLSBAD • • FILE COPY
Planning Division
May 26, 2011
TAlC
Attn: Ms. Courtney Hall
9089 Clairemont Mesa Boulevard, Suite 200
San Diego, CA 92123
SUBJECT: 1"1 REVIEW FOR MCUP 10-20(A)-AT&T SD0344 LTE MODIFICATION
www.carlsbadca.gov
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your request to amend the Minor Conditional Use Permit for a wireless communications facility located at
5823 Newton Drive, application no. MCUP 10-20(A), as to its completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is information which must
be submitted to complete your application. The second list is project issues of concern to staff. In order to
expedite the processing of your application, the "incomplete" items and your response to the project
issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your
staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package,
please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter
summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five
(5) sets of revised plans. No processing of your application can occur until the application is determined
to be complete.
When all required materials are submitted, the City has 30 days to make a determination of
completeness. If the application is determined to be complete, processing for a decision on the
application will be initiated. In addition, please note that you have six months from the date the
application was initially filed, May 11, 2011, to either resubmit the application or submit the required
information. Failure to resubmit the application or to submit the materials necessary to determine your
application complete shall be deemed to constitute withdrawal of the application. If an application is
withdrawn or deemed withdrawn, a new application must be submitted.
At this time, the City asks that you provide 4 complete sets of the development plans so that the project
can continue to be reviewed.
In order to expedite the processing of your application, you are strongly encouraged to contact your Staff
Planner, Shannon Werneke, at (760) 602-4621, to discuss or to schedule a meeting to discuss your
application and to completely understand this letter. You may also contact each commenting department
individually as follows:
• Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781.
• Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4663,
Sincerely, ~~ CHRIS DeCERBO
Principal Planner
CD:SW:sm
c: Jon Allen, Life Technologies, 5791 Van Allen Way, Carlsbad, CA 92008
Don Neu, Planning Director
David Rick, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data E:ontry
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
MCUP 10-20(A)-AT&T S-344 LTE MODIFICATION
May 26, 2011 •
Pa e2
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
Planning:
1. If the proposed project is not redesigned to exhibit "stealth" design techniques which are
appropriately integrated with the building design (please see Issues of Concern discussion
below), the project will not qualify as an amendment to the Minor Conditional Use Permit
(MCUP 10-20, approved 9/3/1 0). Therefore, a new Conditional Use Permit application will
need to be filed which will require approval by the Planning Commission.
ISSUES OF CONCERN
Planning:
1. Please be advised that any expansion of the use beyond the original footprint for the roof-
mounted structure approved pursuant to MCUP 10-20 is required to be analyzed against City
Council Policy No. 64.
Although the existing facility and proposed expansion to the existing WCF are located in a
preferred location (industrial zone) as listed in Location Design Guideline A.1 of City Council
Policy No. 64, the City's Wireless Communication Facilities Guidelines, staff does not
support the proposal for an additional roof-mounted structure for additional antennas or the
fac;:ade-mounted panel antennas (with RF screen) since the features are not architecturally-
integrated with the existing industrial office building and are readily visible. Pursuant to the
design guidelines, in order to qualify for a "stealth design," all aspects of the WCF should
visually blend into the background or the surface on which they are mounted.
Therefore, the proposed project is inconsistent with City Council Policy No. 64 and is
required to be redesigned so the WCF is integrated with and complements the design of the
existing building. Staff recommends the following options:
a. Increase the number of panel antennas or replace all of the antennas with the "L TE"
upgraded antennas (preferred recommendation) within the existing enclosure (i.e.
existing footprint) so additional locations throughout the building are not required;
b. Relocate the proposed antennas behind an existing parapet to ensure full concealment;
c. Recess the antennas into the existing parapet or building wall;
d. Add false architectural elements which complement the design of the building and which
fully conceal the antennas; or
e. Consider the addition of a faux palm tree. Given the increased length of the panel
antennas, this is not a preferred option; however, due to the location of the existing palm
trees in the immediate vicinity of the proposed expansion which provide a context for the
placement of a faux tree, this option should be further explored.
2. Notwithstanding the above-referenced comments regarding the lack of stealth design, please
be advised that staff has concerns regarding the request to distribute the antennas at 4
different locations throughout the building as it appears excessive. Please submit a
justification for the following:
a. Why the L TE antennas are required to be increased in length from 4 to 8 feet; and
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·.
• • MCUP 10-20(A)-AT&T SD0344 LTE MODIFICATION • May 26,2011
Pa e 3
b. Why the antennas cannot be limited to the existing footprint for the approved MCUP; and
c. Why a total of 4 (including the RRUs mounted to the back of the parapet wall) different
locations for one carrier are necessary.
3. Notwithstanding the above-referenced comments regarding the design recommendations,
staff has the following comments on the proposed set of plans. Please note that some of
these comments may not apply once the project is re-designed.
a. Incorporate the recommendations of the RF engineer regarding signage. Please indicate
the locations and details for each sign;
b. Clarify the project description on the cover page to clarify why the installation for 6 new
antennas indicates that they will be installed behind new and existing RF screening. It
appears that the RF screens proposed are entirely new. It may be helpful to break the
description down by sectors as shown on the site plan, elevations, etc.;
c. Correct the zoning district to indicate that the property is located in the P-M (Planned
Industrial), zone. Please also include a note to indicate that the property is located in the
coastal zone;
d. Revise the elevations to indicate that the existing roof-mounting screen is proposed to be
painted to match the new stucco color for the building;
e. Revise the "Enlarged Sector" plans, to include the existing plan for Sector "C";
f. The details for Sector "8" indicate that there will be 2, 8' antennas per sector. Please
clarify why 4 antennas are proposed on one of the sectors while no additional antennas
are proposed on the remain sections of the triangular array;
g. Please clearly indicate the distance which the antennas project outwards from the
building; and
h. Please revise the scale of the elevations to utilize a scale which is more common such
as 1" = 20'.
4. Once the project has been revised to address the above-referenced design issues, please
submit revised photo-simulations. Since the building has been recently painted a new color,
please ensure the photo simulations utilize updated/recent photos.
Engineering:
1. The Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but
are not limited to pollution control practices or devices, erosion control to prevent silt runoff
during construction, general housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices or devices to prevent
or reduce the discharge of pollutants to · stormwater, receiving water or stormwater
conveyance system to the maximum extent practicable. Developer shall notify prospective
owners and tenants of the above requirements.
------------~ Aw~«-evP -fvr ex,'~fo (~ e~LifjtAC-F
/11/tii.~-OIIJ.:l'I/ID • P-(Y\ ~/
.. ~ -~CARLSBAD FILE COPY
Planning Division www. ca rlsbadca. gov
November 24, 2010
TAlC
Attn: Courtney Hall
9089 Clairemont Mesa Boulevard, Suite 200
San Diego, CA 92123
i '
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 10-20 AT&T SD0344
COLLEGE & ECR -Request for approval of a Minor Conditional Use Permit (MCUP 10-20;
replaces original CUP 00-19X1) to allow the continued operation and maintenance of an
existing Wireless Communication Facility (WCF) consisting of12 screened, roof mounted panel
antennas and a 200 square foot equipment room within an existing building located within an
existing office/industrial building at 5823 Newton Drive, in the Planned Industrial Zone and Local
Facilities Management Zone 5.
Dear Courtney Hall,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 10-20-AT&T-AT&T SD0344 COLLEGE & ECR at 5823 Newton Drive. 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 day notice
period (ending on November 9, 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 Planning Director 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 and
Carlsbad Research Center Specific Plan in that (a) the. use is necessary and
desirable for the development of 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 existing use is consistent with the General Plan in that the Planned
Industrial (PI) Land Use designation does not preclude the provision of Wireless
Communication Facility (WCF) uses, The existing WCF is consistent with City
Council Policy No. 64, Wireless Communication Facilities, in that it is in a
preferred non-residential location (Industrial zone) and has a stealth design. The
project's location and stealth design comply with General Plan objectives that
seek to maintain and enhance Carlsbad's appearance.
2. That the requested use is not detrimental to existing uses or to uses specifical!·
permitted in the zone in which the proposed use is to be located in that the existi~
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/ ~--------------------
• • ~ ~>'in i 1' ,. '
MCUP 10-20 -AT&T v00344 COLLEGE & ECR
November 24, 2010
Pa e 2
WCF is located within a preferred non-residential location (Industrial zones) as
listed in Location Guideline A.1.a of City Council Policy No. 64, and all aspects of
the WCF exhibit stealth design and are completely screened by RF transparent
screening material located on the rooftop of the building. The WCF use is not
precluded by the project site's Planned Industrial (P-M) Zoning. Furthermore, the
placement of the antennas behind the RF transparent screening and the
equipment cabinets located within the existing square footage of the building will
not result in any additional building coverage, does not visually impact the
existing site or building design. The project has been conditioned to comply with
FCC RF Exposure Guidelines.
3. That the site for the proposed conditional use is adequate in size and shape 'tof
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 all of the existing antennas are located behind RF screening
materials on the roof top of the building and the equipment cabinet is located
within an existing equipment room within the building. As all of the antennas and
associated WCF equipment are existing and no additional antennas or equipment
are proposed, the appearance of the building will not change.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use in that the existing WCF requires, on average,
only monthly maintenance visits and occasional visits in response to operational
problems.
5. That the existing WCF is consistent with City Council Policy No. 64 in that it is located
in a preferred non-residential location (Industrial zone) as listed in Location
Guideline A.1.a. of City Council Policy Statement No. 64 and exhibits stealth
design, as the roof mounted antennas are located behind RF screening material
located on .the building's rooftop. The equipment cabinets are located within an
existing 200 square foot equipment room within the building and also exhibit a
stealth design.
6. That the Planning Director 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 -{Existing
Facilities), of the state CEQA Guidelines. Additionally, as AT&T 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 Planning Director has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
7. The Planning Director 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 de.gree of the exaction is in rough proportionality to the impact caused by the
project.
.•
• MCUP 10-20-AT&T SD0344 ~ .JLLEGE & ECR
November 24, 2010
Pa e 3
Conditions:
•
1. Approval is granted far MCUP 10-20-AT&T SD0344 COLLEGE & ECR as shown on
Exhibits "A" -"D" dated November 18, 2010 on file in the Planning Division and
incorporated herein by reference. Development shall occur substantially as shown
unless otherwise noted in these conditions.
2. If any of the fallowing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained aver time, if any of such conditions fail to be sa
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 occupanby;
issued under the authority of approvals herein granted; record a notice of violation an
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. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Minor Conditional Use Permit documents, as
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown an the approved Exhibits.
Any proposed development different from this approval shall require an amendment to
this approval.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this
residential housing project are challenged this approval shall be suspended as provided
in Government Code Section 66020. If any such condition is determined to be invalid
this approval shall be invalid unless the City Council determines that the project without
the condition complies with all requirements of law.
5. Developer shall submit to the City Planner a reproducible 24"x36," mylar copy of the
(Site Plan) reflecting the conditions approved by the final decision-making body.
6. This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. 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.
8. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building penmit issuance.
• • MCUP 10-20-AT&T ::>00344 COLLEGE & ECR
November 24, 2010
Pa e 4
9. MCUP 10-20-AT&T SD0344 COLLEGE & ECR shall be reviewed by the Planning
Director on a yearly basis to determine if all conditions of this permit have been met and
that the use does not have a substantial negative effect on surrounding properties or the
public health, safety and general welfare. If the Planning Director 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 h<!S
been so exercised as to be detrimental to the public health, safety or welfare cir so as ~o1
' constitute a nuisance, the Planning Director shall hold an informal public hearing and
after providing the permittee the opportunity to be heard, the Planning Director 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.
10. This Conditional Use Permit is granted for a period of ten (1 0) years from November
22, 2010 through November 21, 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 Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding
land uses or the public's health and welfare. If a substantial negative effect on
surrounding land uses or the public's health and welfare is f-ound, the extension shall be
denied or granted with conditions which will eliminate or substantially reduce such
effects. There is no limit to the number of extensions the Planning Commission may
grant.
11. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Minor Conditional Use Permit on the real property owned by the owner/applicant.
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 Planning
Director 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 owner/applicant
or successor in interest.
12. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
13. 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
• • • MCUP 10-20-AT&T SD0344 v-.!LLEGE & ECR
November 24, 2010
Pa e 5
implementation report which provides cumulative field measurements of RF emissions
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 Planning Director 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.
Engineering:
14. Developer shall comply with the city's Stormwater Regulations, latest version, and sh~ll:
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water
or stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
Code Reminders:
15. 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 Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00.
The filing of such appeal within such time limit shall stay the effective date of the order of the
• MCUP 10-20 -AT&T ;::,00344 COLLEGE & ECR
November 24, 2010
Pa e 6
•
Planning Director 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 Chris Sexton at (760) 602-4624.
Sincerely,
~ikGJo
CHRIS DeCERBO
Principal Planner
CD:CS:sm
c: Don Neu, Planning Director
Chris DeCerbo, Principal Planner
Christer Westman, Senior Planner
Mike Peterson, Development Services Manager
Glen Van Peski, Senior Civil Engineer
David Rick, Project Engineer
File Copy
Data Entry
i •