Loading...
HomeMy WebLinkAbout2016-06-14; Municipal Water District; Resolution 15491 RESOLUTION NO. 1549 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 MUNICIPAL WATER DISTRICT (CMWD),AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LICENSE AGREEMENT WITH 4 NEW CINGULAR WIRELESS PCS,LLC TO OPERATE A WIRELESS COMMUNICATION FACILITY AT THE TWIN D TANK SITES (6640- 5 6650 BLACK RAIL ROAD) 6 7 WHEREAS,the City of Carlsbad entered into a License Agreement in July 1985 to lease 8 property at 6640-6650 Black Rail Road for the purpose of operating a cell tower; and 9 WHEREAS,the original License Agreement's final option expired May 31, 2015; and 10 WHEREAS,in May 2015, city staff extended the License Agreement with Crown Castle 11 GT Company LLC to Nov. 30, 2015; and 12 13 WHEREAS, on Nov. 17, 2015, the CMWD Board adopted Resolution No. 1536 authorizing 14 a further extension of the License Agreement with Crown Castle GT Company LLC on a month 15 to month basis; and 16 WHEREAS,city staff has negotiated a License Agreement with New Cingular Wireless 17 PCS,LLC,commonly referred to as AT&T Wireless, to attach its cellular equipment directly onto 18 the existing water tanks at the site; and 19 20 WHEREAS, New Cingular Wireless PCS,LLC obtained a Minor Conditional Use Permit 21 (MCUP 15-09)to locate its facilities on the water tanks on Aug.11, 2015; and 22 WHEREAS,the existing monopole tower at the site will be removed upon completion of 23 the project; and 24 WHEREAS,CMWD will receive a one-time lump sum payment of $70,000 for 25 construction mitigation; and 26 27 28 1 WHEREAS,the License Agreement will generate $45,769 in revenue for CMWD over the 2 first year of the Agreement and will increase a minimum of 3 percent in January of each year. 3 NOW, THEREFORE,BE IT RESOLVED by the Carlsbad Municipal Water District Board of 4 the City of Carlsbad, California,as follows that: 5 6 1.The above recitations are true and correct. 7 2.The Executive Director is hereby authorized to execute the License Agreement 8 with New Cingular Wireless PCS,LLC.,which is attached hereto as Attachment A. 9 10 11 12 13 14 // 15 // 16 17 18 19 20 // 21 // 22 // 23 24 25 26 27 28 1 PASSED,APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal 2 Water District of the City of Carlsbad on the 14th day of June 2016, by the following vote, to wit: 3 4 AYES:Hall,Wood,Schumacher,Blackburn,Packard. 5 6 NOES:None. 7 ABSENT:None. 8 9 10 11 MATT HALL, PRESIDENT 12 ATTEST: 13 14 _‘) 4. 15 BARBARA k LESON, SECRETARY (SEAL)‘.01'.4‘ALII"L..11,/16 ......741: 17 tz)‘•'-,;;:c= co •0 aA.c-to. 18 '`i•:‘;•F•44/Foo‘..\'-::".) ••.......••,..; 19 fl./,110.0 20 21 22 23 24 25 26 27 28 WIRELESS TELECOMMUNICATIONS FACILITY CARLSBAD MUNICIPAL WATER DISTRICT LICENSE AGREEMENT This License Agreement ("Agreement") made as of the latter signature date below (the "Effective Date")is made by and between the Carlsbad Municipal Water District ("Licensor"), and New Cingular Wireless PCS, LLC,a Delaware limited liability company ("Licensee"). RECITALS A.Licensor is the owner of real property located at the Twin D Tanks ("Property") located at 6580 Black Rail Road,Carlsbad,California 92011,and more particularly described in Exhibit "A." B.Licensee desires access to and limited use of a portion of the Property,as further described below to install, maintain and operate a wireless telecommunication facility with equipment as more particularly described in the corresponding Conditional Use Permit No. CUP 15-09 (the "Conditional Use Permit") attached to this Agreement as Exhibit "B"and will be made a part of this Agreement. C.Licensor is willing to permit Licensee access to and limited use of a portion of the Property for this stated purpose and pursuant to the below terms and conditions. NOW, THEREFORE, the parties agree as follows: GRANT OF LICENSE 1.Scope of License.(a) Licensor grants to Licensee a non-exclusive license (the "License") to use that portion of the Property described in Exhibit "C" (the "Premises") for the purposes of installing,maintaining,and operating the wireless telecommunication facility with equipment described in Exhibit "B"and Exhibit "D"("Communication Equipment").In addition to being subject to the terms and conditions in this Agreement, this License and Licensee are subject to the terms and conditions of Exhibit "B"and all other required government approvals. (b)The Premises may be used for (i)the transmission of and reception of communication signals provided that such frequency or frequencies are within those for which Licensee, or any entity which controls, is controlled by or is under common control with Licensee, is duly licensed by the Federal Communications Commission ("FCC"), and (ii)the construction, alteration, maintenance, repair, replacement and relocation of related Licensee Site Name:AT&T Twin "D"Tanks 1 SD0437 Encinitas (FA# 10086217) antennas,equipment,cables and facility and improvements related thereto,and (iii) activities related to any of the foregoing,provided such activities do not require an expansion of the Premises or violate Licensee's duties of non-interference set forth herein (collectively, "Licensee's Permitted Use"). 2.Term of License.(a)This Agreement and the License granted hereunder is contingent upon Licensee obtaining a valid corresponding Conditional Use Permit, which Conditional Use Permit shall be attached hereto as Exhibit "B."The initial term of this Agreement and the License granted thereunder shall commence on the first day of the month following two (2) full months from the execution of this Agreement, or commencement of construction,whichever comes first ("Commencement Date")and shall,subject to 2(b) below,be for ten (10) years ("Initial Term"). (b)If the Exhibit "B" Conditional Use Permit expires before the date that is ten (10) years from the Commencement Date, the Initial Term shall expire on the same date as the expiration of Exhibit "B" Conditional Use Permit. This Agreement may be extended for an additional period equal to the term for which the Licensee seeks to extend the corresponding Exhibit "B" Conditional Use Permit so long as Licensee applies for and obtains an extension to the corresponding Exhibit "B"Conditional Use Permit before Exhibit "B"Conditional Use Permit expires. (c)If Licensee fails to obtain a valid extension to the term of Exhibit "B" Conditional Use Permit before it expires,this Agreement and the License granted thereunder shall be automatically terminated,and Licensee shall immediately cease its operation and use of the Property and Premises.Licensee shall have ninety (90)days following the expiration or earlier termination of this Agreement to return the Premises to Licensor in the same or like conditions that existed before Licensee occupied the Property and Premises,reasonable wear and tear and casualty damage excepted ("Return Period"). Licensee shall pay the monthly License Fee in effect for the last month of the then current term during said ninety (90) day period. (d)In the event that this Agreement expires pursuant to Paragraph 2(b) above, and prior to the expiration of the Return Period,if Licensee is diligently pursuing renewal of the Conditional Use Permit,and Licensee desires to continue operating its wireless communication facility on the Property, Licensee shall pay Licensor an annual License Fee an amount equal to two hundred percent (200%)of the License Fee ("Holdover Fee") identified in Paragraph 3(a) below, including any increase that may have occurred pursuant to Paragraph 3 below. Notwithstanding the foregoing,if Licensee applies for an extension of the Conditional Use Permit at least one (1) year before the Conditional Use Permit expires and is diligently pursuing renewal of the Conditional Use Permit but the Conditional Use Permit has not been extended at the time of its expiration, Licensee shall not be required to pay the Holdover Fee for its continued operations of its wireless communication facility on the Property pursuant to the terms and conditions of this Agreement.For purposes of this Licensee Site Name:AT&T Twin "D"Tanks 2 SD0437 Encinitas (FA# 10086217) subsection (d)"diligently pursuing"shall mean Licensee's application for renewal of Conditional Use Permit has been deemed complete by Licensor and no additional submission(s) is (are) required of Licensee by Licensor for approval of the renewal of the Conditional Use Permit. 3.License Fee.(a)Commencing on the Commencement Date, Licensee shall pay to Licensor an annual fee (the "License Fee")of Forty Four Thousand Eight Hundred Seventy One and 36/100 Dollars ($44,871.36)which shall be payable in equal monthly installments without abatement, deduction, or offset, on the first day of each month.The License Fee will be adjusted annually on January 1 by the percentage increase in the most recently published Consumer Price Index -All Urban Consumers for the San Diego Metropolitan Statistical Area over the rate in effect on the Commencement Date of the prior year. This annual increase shall not be less than three percent (3%) or more than six percent (6%). (b)Licensee shall also make a one-time lump sum payment to Licensor in the amount of Seventy Thousand and 00/100 Dollars ($70,000)for construction mitigation required by the Licensor, such payment to be made within forty-five (45) days following the full execution of this Agreement. (c)If any monthly License Fee payment is not received by Licensor by the fifth (5th) day of the month in which it is due, the fee payment shall be deemed delinquent and ten percent (10%)interest shall accrue on the unpaid amount.Notwithstanding the foregoing,Licensee shall not be in default hereunder unless any License Fee or other payment due hereunder is not brought current within ten (10) days after Licensee's receipt of notice of such late payment.If Licensee is delinquent for two (2) or more months in any twelve (12) month period, Licensor may immediately terminate this Agreement and demand removal of Licensee's wireless telecommunication facility and equipment,including, without limitation any specially installed or ancillary equipment required by Licensee for its wireless telecommunication facility from the Premises and Property within ten (10) business days,or if such equipment is not removed within such ten (10)business day period, Licensor may remove the facility and all equipment associated with Licensee's wireless telecommunication facility itself and charge Licensee for the actual cost of removal and storage reasonably incurred by Licensor. 4.Relationship of License and Exhibit B Conditional Use Permit.(a) The granting of the License under the Agreement is contingent upon the (i) the initial granting of the Exhibit "B" Conditional Use Permit or (ii) the subsequent granting of any extension of Exhibit "B"Conditional Use Permit and (iii)the continuing validity of Exhibit "B" Conditional Use Permit.This Agreement shall automatically terminate upon the expiration or revocation of Exhibit "B" Conditional Use Permit, except as provided in Paragraph 2(c) above.The modification or extension of Exhibit "B" Conditional Use Permit does not obligate the Licensor to modify or extend this Agreement nor does the continuing validity of Licensee Site Name:AT&T Twin "D"Tanks 3 SD0437 Encinitas (FA# 10086217) Exhibit "B" Conditional Use Permit preclude the Licensor from exercising any rights under this Agreement,including the right to terminate this Agreement for convenience under Paragraph 13 below. (b)Licensee shall have the right, at its expense to install, construct and maintain on the Premises cellular transmission equipment (the "Antenna Facility") in compliance with Exhibit "B" Conditional Use Permit for Licensee's Permitted Uses described in Section 1(b) above.Licensee's equipment building ("Building") shall house and contain the equipment described in Exhibit "D"Communications Equipment.The Antenna Facility and Communications Equipment are sometimes hereinafter collectively referred to as "Antenna Facility". A full sectored array shall mean (i) panel antennas together with all associated cable, wire and other miscellaneous hardware or (ii) omnidirectional antennas together with all associated cable, wire and other miscellaneous hardware. The Antenna Facility shall be constructed, installed and operated within the Premises. (c)If required by Licensor,Licensee shall install landscaping and irrigation (collectively, "Landscaping") on the Premises in conformance with the approved site plans as described in M-CUP 15-09.In the event the Landscaping damages Licensee's Communications Equipment,Licensee shall release Licensor from liability for such damage, except to the extent such damage arises from the negligence or willful misconduct of Licensor, its employees, agents or representatives. 5.Limitations on License.Nothing in this Agreement is intended to create an interest or estate of any kind or extent in the Property,Premises,or Aerial Easement. Licensee further acknowledges and agrees that this Agreement does not create a landlord- tenant relationship and Licensee is not entitled to avail itself of any rights afforded to tenants under the laws of the State of California. (a)Licensee may not assign, sublicense or transfer the License, in whole or in part, to any other persons or entity, nor may Licensee allow any other person or entity to co- locate its wireless facility on Licensee's Antenna Facility (b)Notwithstanding the foregoing, Licensor's approval shall not be required for the transfer of rights and obligations under this Agreement to Licensee's parent,a subsidiary of Licensee's parent or an affiliate of Licensee that is wholly owned and controlled by Licensee or Licensee's parent, provided Licensee gives Licensor written notice of such action at least thirty (30)days prior to any such transfer."Control" means the right and power to direct substantially all of the management and policies of the affiliate. Failure to provide written notice prior to transfer is grounds for immediate revocation or termination of the License by Licensor. 6.No Warranty.Except as otherwise expressly set forth herein, Licensor makes no warranty or representation that the Premises are suitable for Licensee's use.Except as Licensee Site Name:AT&T Twin "D"Tanks 4 SD0437 Encinitas (FM 10086217) otherwise expressly set forth herein, Licensee has inspected the Premises and accepts the same "AS-IS."Licensor is under no obligation to perform any work or provide any materials to prepare the Premises for Licensee. LICENSEE'S OBLIGATIONS 7.Licensee shall use the Premises solely for the purposes allowed within the scope of the License.All Licensee improvements shall be at the Licensee's expense. Licensor will maintain the Premises in a reasonable condition. 8.(a)Licensee shall operate its Antenna Facility in a manner that will not cause unmitigated interference with the use or enjoyment of the Property by Licensor and other lessees or licensees in and/or on the Property as of the Commencement Date of this Agreement including,if applicable,but not limited to,the HVAC systems,roof, electronically controlled elevator system, computers, telephone systems, or any other system serving the Property and/or its occupants.Licensor hereby acknowledges that Licensee's use of the Premises for Licensee's Permitted Use shall not constitute an impermissible interference. (b)All operations of Licensee shall be lawful and in compliance with all applicable Governmental Requirements (as hereafter defined), rules and regulations including, but not limited to those of the FCC and the Federal Aviation Administration ("FAA"). "Governmental Requirements" shall mean all requirements under any federal, state or local statutes, rules, regulations, ordinances, or other requirements of any duly constituted public authority having jurisdiction over the Property (including, without limitation, the Premises). (c)Licensee shall indemnify Licensor and hold it harmless from all expenses, costs, damages,loss,claims or other expenses and liabilities arising from any unmitigated interference caused by Licensee's failure to comply with FCC or FAA rules and regulations that is not curtailed within thirty (30)days after Licensee receives written notice of such interference from Licensor.Licensee shall be responsible for all costs associated with any tests deemed necessary to resolve any and all interference as set forth in this License.If such interference caused by Licensee's failure to comply with FCC or FAA rules and regulations has not been corrected within thirty (30)days after Licensee receives notice thereof from Licensor, Licensor may require Licensee to remove the specific items from the Antenna Facility causing such interference until such interference ceases. (d)In the event that Licensee commences using the Premises in a manner as to which Licensee is not presently licensed by the FCC but with respect to which Licensee hereafter obtains necessary FCC licensure, Licensee's right to conduct such particular use shall be subordinate to the use of the Property by Licensor and other licensees or occupants thereof existing on or before the date on which Licensee commences such use.Licensor shall be under no obligation to exercise the duties concerning interference described in Licensee Site Name:AT&T Twin "D"Tanks 5 SD0437 Encinitas (FM 10086217) Paragraph 29(b) below with respect to a future use of the Premises by Licensee as described in this Paragraph 8(d). 9.Licensee is fully responsible for Licensee's Antenna Facility installed on the Premises by Licensee, including providing fire, theft, and extended coverage insurance. 10.Licensee is required to comply with all-applicable federal state and local laws, including FCC regulations, City of Carlsbad City Council Policy No. 64, and related City of Carlsbad Municipal and Zoning Code provisions,as amended from time to time. 11.(a)Licensee is required to secure all necessary permits or conditional use permits from any governmental agency to install Licensee's Antenna Facility on the Premises.Licensee may substitute, modify and/or add to its Antenna Facility located on the Premises from time to time,provided that Licensee first obtains any and all required governmental approvals for such substitution, modification and/or addition and the written approval of Licensor,which approval shall not be unreasonably denied,delayed or conditioned.Notwithstanding the foregoing, Licensee shall be entitled to perform without Licensor's consent, equipment repairs or replacements with equipment of a "like kind" or substantially similar in nature.Licensor reserves the right to increase the License Fee if the Licensor determines that the substitutions, modifications, or additions materially alter the scope of the License. In addition, any change to Licensee's approved antennae type, number of antennas,antenna location and/or changes in transmitter type and power output shall, at the sole expense of Licensee, be made in accordance with applicable regulations issued by the FCC.If Licensee's plans and specifications are approved by Licensor,Licensee shall notify all other telecommunications and information services providers located on the Property per Paragraph 29 below (hereinafter "Carrier"), in writing,as to the scheduled date and time of commencement of construction or installation of Licensee's modified equipment not less than five (5) business days prior to such date.Any unauthorized modification to Licensee's Antenna Facility shall be deemed a breach of this Agreement and Licensor shall give Licensee written notice of such breach.After receipt of such written notice, Licensee shall have twenty-five (25)days in which to commence to cure the breach,provided Licensor may extend such cure period if, in Licensor's sole discretion, it determines that the nature of the cure is such that it reasonably requires more than twenty-five (25)days. Licensor may not maintain any action or effect any remedies for default against Licensee unless and until Licensee has failed to commence to cure the breach within the time periods provided in this Paragraph. (b)Licensee is required to maintain Exhibit "B" Conditional Use Permit and all of the certificates, permits and other approvals, which may be required from other federal, state or local authorities,and any temporary easements or other rights of entry,which are required from any third parties.Licensor shall cooperate with Licensee in its efforts to obtain such approvals and/or temporary easements or rights of entry,as may be required for Licensee's Antenna Facility as approved in Exhibit "B" Conditional Use Permit.If (i) any Licensee Site Name:AT&T Twin "D"Tanks 6 SD0437 Encinitas (FA# 10086217) application and/or negotiations by Licensee for any required certificate,permit,license, temporary easement,right of entry,approval,policy of title insurance,or agreement is finally denied,rejected and/or terminated,(ii)any such certificate,permit,license, temporary easement, right of entry, approval or agreement is canceled, or expires, or lapses or is otherwise withdrawn or terminated,(iii)any Hazardous Materials (as defined in Paragraph 18 below) are discovered or otherwise become located on the Property or the Premises,other than as a direct result of Licensee's activities, or (iv)due to technological changes or business changes, Licensee determines that it is no longer practical to use the Premises for Licensee's intended purposes, then Licensee shall have the right to terminate this Agreement,which termination shall be effective no sooner than one hundred eighty (180) days from delivery of written notice from Licensee to Licensor,provided Licensee has removed all of its personal property, fixtures, electrical meters, and equipment from the Premises and Property by that time. 12.Licensee is responsible for all utilities and any property taxes imposed as a result of the use of the Property by Licensee.Licensee specifically acknowledges that the grant of the License may subject Licensee to certain taxes under California Revenue and Taxation Code section 107.6 and agrees it is solely responsible for the payment of these taxes. 13.(a)Licensee shall,at Licensee's sole expense and within one hundred eighty (180)days after Licensee's receipt of written notice ("Notice Period")from Licensor to protect,temporarily disconnect,relocate,modify or remove (collectively,"Relocate")its Antenna Facility, Communication Equipment, Building,and/or other property if Licensor determines,in its sole discretion,that Licensee's Antenna Facility,Communication Equipment,Building,and/or other property are inconsistent with or interfere with Licensor's current or planned use of the Property or Premises;provided,however that if Licensor requests Licensee to Relocate prior to the expiration of the seventh (7th) year of the Initial Term of this License Agreement, Licensor shall pay seventy-five percent (75%)of Licensee's reasonable costs and expenses related to such relocation.Notwithstanding the foregoing,Licensee shall not be required to Relocate until such time that Licensee obtains all requisite governmental approvals and permits (collectively, "Approvals") related to such relocation; provided however that if the timeframe to obtain such Approvals exceeds the Notice Period, Licensee shall be entitled to install a cell site on wheels ("COW") on the Property for up to six (6) months, while it continues to seek the Approvals.In the event the Approvals are not obtained within such six (6)month period despite Licensee's diligent efforts, Licensor, in its reasonable discretion, may extend the period of time during which the COW may remain on the Property.Further, in consideration for Licensor's consent to enter into this Agreement, Licensee waives any and all rights it may have under federal or state law for relocation assistance benefits if Licensor requires Licensee to relocate or make use of the Property or Premises in such a way as to displace Licensee from the Property or Premises.Licensee shall execute any further commercially reasonable documentation of Licensee Site Name:AT&T Twin "D"Tanks 7 SD0437 Encinitas (FA# 10086217) this release and waiver mutually acceptable to Licensor and Licensee as Licensor may reasonably require in the future. (b)If Licensee does not Relocate its Antenna Facility, Communication Equipment, Building,and/or other property within the time period specified above,Licensor may remove the Antenna Facility,Communication Equipment,Building,and property and charge Licensee for the actual cost of removal and storage.Alternatively, upon Licensee's request,Licensor may approve the abandonment of Licensee's Antenna Facility, Communication Equipment,Building,or personal property in place.Upon approval, Licensee shall execute, acknowledge and deliver to Licensor any necessary documents to transfer ownership of its Antenna Facility,Communication Equipment,Building,and personal property to Licensor in "as is,where is"condition, and without warranty of any kind. (c)In the event that Licensor determines in its sole discretion that it is no longer practical to allow Licensee to use the Premises for Licensee's intended purposes,then Licensor shall have the right to terminate this Agreement,which termination shall be effective no sooner than one (1)year from delivery of written notice from Licensor to Licensee.If Licensor requests Licensee to remove its Antenna Facility,Communication Equipment, Building, and/or other property within the time period specified in the written notice and the request for removal is made prior to the expiration of the seventh (7th) year of the Initial Term of this License Agreement, Licensor shall pay seventy-five percent (75%) of Licensee's reasonable costs and expenses related to such removal of its Antenna Facility,Communication Equipment,Building and/or other property at the Premises. Notwithstanding the foregoing, Licensor may allow Licensee to install a cell site on wheels ("COW") on the Property for up to one (1) year, while it seeks to obtain another location to site its facilities.In the event that Licensee is unable to obtain, within such one (1) year period,despite Licensee's diligent efforts, Licensor may, in its sole discretion,extend the period of time during which the COW may remain on the Property.Further,in consideration for Licensor's consent to enter into this Agreement, Licensee waives any and all rights it may have under federal or state law for relocation assistance benefits,if any,if Licensor requires Licensee to remove or make use of the Property or Premises in such a way as to displace Licensee from the Property or Premises.Licensee shall execute any further commercially reasonable documentation of this release and waiver mutually acceptable to Licensor and Licensee as Licensor may reasonably require in the future. 14.Intentionally Omitted. 15.Licensee shall exercise due diligence in utilizing the Premises of Licensor so as to not interfere with utilization of the Property or Premises by Licensor or other authorized persons,and Licensee agrees to comply with any rules and regulations Licensor may promulgate at any time in reference to utilization of the Property or Premises by any party Licensee Site Name:AT&T Twin "D"Tanks 8 SD0437 Encinitas (FA# 10086217) other than Licensor provided the same does not conflict with the terms and conditions of this Agreement and notice of same is given to Licensee. 16.(a)Licensee shall waive all claims against Licensor for any damages to the personal property and Antenna Facility of Licensee in,upon or about the Property and Premises and for injuries to any employees of Licensee or their agents in, upon, or about the Property or Premises from any cause arising at any time, except any damages arising from the gross negligence or willful misconduct of Licensor or its agents,employees or contractors.In addition, except to the extent of the gross negligence or willful misconduct of Licensor or its agents,employees or contractors,Licensee will indemnify, defend, and hold Licensor,including all of its elected and appointed officials,officers,employees, contractors and agents ("Indemnified Parties"), exempt and harmless from any damage or injury to any person, or any property, to the extent arising from the use of the Property or Premises by Licensee or Licensee's officers, employees, contractors, or agents, or from the failure of Licensee to keep the Antenna Facility in good condition and repair, reasonable wear and tear excepted,as provided for in this Agreement. (b)Neither party shall be liable to the other,or any of their respective agents, representatives or employees for any lost revenue, lost profits, loss of technology, rights or services,incidental,punitive,indirect,special or consequential damages,loss of data,or interruption or loss of use of service,even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. (c)Licensee's indemnification shall include any and all costs, expenses, reasonable attorneys'fees and liability incurred by the Indemnified Parties in defending against such claims, whether the same proceed to judgment or not. 17.(a)Licensee shall obtain and maintain for the duration of the Agreement and any and all amendments,insurance against claims for injuries to persons or damage to property which may arise out of or in connection with use of the Property or Premises by Licensee or Licensee's agents, representatives, employees or contractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California.The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". (b)Licensee shall maintain the types of insurance coverage and minimum limits indicated below, unless the Risk Manager for the City of Carlsbad approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Licensee's indemnification obligations under this Agreement. Licensor, its elected officials or Board of Directors,its officers,agents and employees make no representation that the limits of the insurance specified to be carried by Licensee pursuant to this Agreement are adequate to protect Licensee.If Licensee believes that any required insurance coverage is Licensee Site Name:AT&T Twin "D"Tanks 9 SD0437 Encinitas (FA# 10086217) inadequate,Licensee will obtain such additional insurance coverage,as Licensee deems adequate, at Licensee's sole expense. 1)Commercial General Liability.$2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage.If the submitted policies contain aggregate limits, the general aggregate will be twice the required per occurrence limit. 2)Automobile Liability. $2,000,000 combined single-limit per accident for bodily injury and property damage. 3)Workers Compensation and Employer's Liability.Worker's Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. (c)Licensee will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1)Licensor and the City of Carlsbad will be named as additional insured on the Commercial General Liability Policy. 2)Licensee will obtain occurrence coverage that must be maintained for the duration of the Agreement. 3)This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) day's prior written notice to Licensor and the City of Carlsbad in accordance with Paragraph 32 below. (d)Upon Licensor's execution of this Agreement and annually thereafter, Licensee will furnish certificates of insurance to Licensor and City of Carlsbad. (e)If Licensee fails to maintain any or all of the required insurance and in the amount specified, Licensor may immediately terminate this Agreement. (0 Licensee shall provide Licensor copies of any endorsements and certificates of insurance required by the Agreement. (g)Licensee may self-insure any of the required insurance under the same terms and conditions as outlined herein and will provide Licensor notice of intent to self-insure along with a Certificate of Self-Insurance outlining the required coverage. 18.Licensor and Licensee shall each refrain from using,generating,storing or disposing of any Hazardous Material on, under, about or within the Property in violation of Licensee Site Name:AT&T Twin "D"Tanks 10 SD0437 Encinitas (FA# 10086217) any law or regulation."Hazardous Material"shall mean petroleum or any petroleum product,asbestos,any substance known by the State of California to cause cancer and/or reproductive toxicity,and/or any substance,chemical or waste which is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. In the event of a breach of this provision by either party,the other may terminate this Agreement upon thirty (30) days written notice to the other (unless such breach is cured within such thirty (30) day period) and pursue any remedies to which it is entitled by law. 19.If necessary Licensee will install at its own cost: (a)a separate electrical panel and meter for its Antenna Facility and equipment and be responsible for all electrical costs attributable thereto. (b)a separate water meter for any landscaping required by Exhibit "B" Conditional Use Permit or other federal,state, or local approval and be responsible for all water and maintenance costs attributable to the this requirement. (c)security monitoring devices, subject to approval of Licensor.Licensee shall provide Licensor the opportunity to monitor these devices at Licensee's expense. 20.Licensee shall provide Licensor with "as-built"drawings for the Antenna Facility within sixty (60) days after the Antenna Facility is installed. 21.Licensee shall perform the installation in a neat,responsible,workmanlike manner,using generally accepted construction standards,consistent with such reasonable requirements as shall be in imposed by Licensor. 22.Licensee shall repair or refinish, at Licensee's sole cost and expense, any surface or other portion of the Property or Premises that is damaged by or during the installation, maintenance,or operation of the Antenna Facility.Without limiting any other available remedies,if Licensee fails to commence repairing or refinishing such damage within thirty (30) days after receipt of Licensor's notice, Licensor may, in its sole discretion, but without any obligation to do so,repair or refinish the damage and Licensee shall reimburse Licensor all actual costs and expenses reasonably incurred in the repair or refinishing. 23.Licensee shall ensure that the Premises are maintained in a clean, safe condition and that Licensee's Antenna Facility is in good repair and free of any defects. LICENSOR'S OBLIGATIONS Licensor will: Licensee Site Name:AT&T Twin "D"Tanks 11 SD0437 Encinitas (FA# 10086217) 24.Allow the construction installation,operation,and maintenance of Licensee's Antenna Facility on the Property and Premises for use by Licensee,as approved in Exhibit "B" Conditional Use Permit. 25.Allow reasonable ingress and egress for Licensee to the Property twenty-four (24)hours per day,seven (7)days per week with an escort from Licensor (a)for maintenance purposes, and Licensee shall provide Licensor with at least twenty-four (24) hours prior notice before access for such maintenance purposes; and (b) in the event of an emergency,where "emergency"shall be defined as an imminent threat of bodily injury, bodily harm or property damage where immediate access is required, or cases of equipment or antenna failure.In the case of an emergency,Licensee shall use its best efforts to first contact Licensor and give Licensor a reasonable amount of time under the circumstances to be present while Licensee is on the Property. 26.Be responsible for its own equipment. 27.Grant any necessary temporary right of entry for as long as this License is in effect for electrical and telephone service to the Premises. 28.Licensor and its agents shall have the right to enter the Premises upon twenty- four (24)hour's advance notice to Licensee,during reasonable business hours,for any purpose consistent with Licensor's status as the owner of the Property and Licensor under this Agreement. Such right is in addition to and in lieu of any right Licensor may have as the local regulatory authority.In the event of an emergency,the notice requirement will be waived for such entry requirements, "emergency" shall be defined as an imminent threat of bodily harm, bodily injury or property damage where immediate entry is required.Licensor shall provide written notice to Licensee of such entry immediately after making entry in such circumstances.Under emergency circumstances,Licensor may access Licensee's equipment cabinets located on the Premises;provided however that Licensor shall first complete and submit to Licensee the "Cell Site Hard/Soft Key Access Request Form" attached hereto as Exhibit "E." Licensor shall use its best efforts to first contact Licensee and give Licensee a reasonable amount of time under the circumstances to be present while Licensor accesses such equipment cabinets. 29.Subject to Paragraph 29 (a) and (b) below and Licensee's other rights under this Agreement,Licensor reserves the right to enter into agreements with other parties, including, but not limited to additional Carriers for use of the Property. In the event that an additional Carrier is licensed to use the Property,it shall be such Carrier's responsibility,at its expense to ensure that such installation is constructed and operated in accordance with applicable FCC regulations.If Licensor approves such Carrier's plans and specifications, Licensor shall notify Licensee in writing as to the scheduled date and time of commencement of construction and installation of the Carrier's facility and equipment not less than five (5)business days prior to such date.The Carrier's facility, equipment and Licensee Site Name:AT&T Twin "D"Tanks 12 SD0437 Encinitas (FA# 10086217) location,and any change to the additional Carrier's approved facility,equipment and location shall be made compatible with Licensee's facility and equipment at Carrier's sole expense. Except as otherwise required or permitted by applicable law, disputes between the Licensee and the other Carriers over the use of the Property shall be submitted to Licensor's City Manager or an authorized designee for final resolution. (a)Licensor shall not permit third party lessees, licensees, or agents to obtain rights to the Property, after the Effective Date hereof, to use any portion of the Property in any way which interferes with the operations of Licensee. Without limiting the generality of the foregoing,Licensor hereby acknowledges that in the event of any interference with Licensee's Permitted Use as a result of the transmission or reception (or both)of radio, microwave or other telecommunications signals by a future third party lessee,licensee or occupant of the Property, Licensee's rights hereunder to conduct Licensee's Permitted Use shall be and remain superior to the rights of any such third party future lessee,licensee or occupant,subject,however,to the provisions of Paragraph 8(d)above.Licensor further acknowledges that interference with Licensee's operations from future third party lessees, licensees, or occupants may cause Licensee to suffer irreparable injury and entitle Licensee, in addition to exercising any other rights hereunder or under applicable law, to seek the immediate enjoinment of such interference against the interfering third party. (b)Subject to the provisions of Paragraph 29(a) above, Licensor reserves the right to license other portions of the Property to other third parties during the term of this Agreement and License.Accordingly, Licensor agrees that any other third person or entity who may install equipment subsequent to the Effective Date in and/or on the Property will be permitted to install only such communications equipment that is of the type and frequency that will not cause any interference to Licensee or persons or entities claiming through or under Licensee.In the event any such third person or entity's equipment causes such interference, Licensor will cause the interfering third party to take all steps necessary to correct and eliminate the interference or such interfering third party will be required to cease operations until such interference is removed. To the extent that Licensee's operations are not within the parameters of its FCC license, this protection from co-located interference will not be applicable, but it shall be applicable with respect to those operations, or portions thereof,falling within the FCC license parameters.Notwithstanding the foregoing, Licensee's right to be free from interference and Licensor's duties concerning the prevention and/or correction of interference shall be subject to Paragraph 8(d) above. GENERAL PROVISIONS 30.Any breach of Licensee's obligations under this Agreement,other than the failure to pay applicable fees when due hereunder, which breach is not cured within thirty (30) days of notice to Licensee of such breach, is grounds for revocation or termination of this License by Licensor. Licensee Site Name:AT&T Twin "D"Tanks 13 SD0437 Encinitas (FA# 10086217) 31.Any action at law or in equity brought by either of the parties for the purposes of enforcing a right provided by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego,State of California,and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 32.All notices under this Agreement shall be in writing and,unless otherwise provided in this Agreement, shall be deemed validly given if sent by certified mail, return receipt requested, or via recognized overnight courier service, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice).All notices properly given as provided for in this section shall be deemed to be given on the date received or refused when delivered as provided herein when sent. Should Licensor or Licensee have a change of address, the other party shall immediately be notified as provided in this section of such change. LICENSEE:LICENSOR: New Cingular Wireless PCS, LLC Carlsbad Municipal Water District Attn: Network Real Estate 405 Oak Avenue Administration Carlsbad, CA 92008 Re: Cell Site #SD0437, Encinitas, CA Attn: Fixed Asset #: 10086217 Title: Municipal Property Manager 575 Morosgo Drive NE Atlanta, GA 30324 (Site: Poinsettia Twin D Water Tanks SD0437 Encinitas) 33.The waiver by Licensor or Licensee of any breach of any term,covenant,or condition in this Agreement shall not be deemed to be a waiver of such term, covenant, or condition for any subsequent breach of the same or any other term, covenant, or condition of this Agreement. 34.If any part of any provision of this Agreement or any other agreement, document,or writing given pursuant to or in connection with this Agreement is finally determined to be invalid or unenforceable under applicable law, that part or provision shall be ineffective to the extent of such invalidity only,and the remaining terms and condition shall be interpreted so as to give the greatest effect to them. 35.The terms and conditions of this Agreement shall bind and inure to the benefit of Licensor and Licensee and,except as otherwise provided in this Agreement,their respective heirs, distributes, executors, administrators, successors, and assigns. Licensee Site Name:AT&T Twin "D"Tanks 14 SD0437 Encinitas (FA# 10086217) 36.The terms and conditions contained in this Agreement supersede all prior oral or written understandings between the parties concerning the subject matter of this Agreement. Notwithstanding this,nothing in this Agreement is intended to alter or abrogate actions taken or conditions imposed by Licensor in its capacity as regulatory authority. 37.This Agreement shall not be modified or amended except by a writing signed by authorized representatives ofthe parties. 38.The above recitals are incorporated into this Agreement 39.All identified or referred to Exhibits are incorporated into this Agreement by this reference. [Signatures appear on next page] Licensee Site Name:AT&T Twin "D"Tanks 15 SD0437 Encinitas (FA# 10086217) IN WITNESS WHEREOF,Licensee and Licensor have executed this Agreement effective the day and year first written below LICENSEE:LICENSOR: New Cingular Wireless PCS, LLC,Carlsbad Municipal Water District a Delaware limited liability company By:AT&T Mobility Corporation Its:Manager By:By:All Name:Mayor, City ,nager,:- James Jansma Its: Manag - Title: Director of C & E Date:-;)IC I it=Date:La 1 1 S ko.ATTEST: y: Name:City Clerk Title:Date:LP)is\Lp Date: If required by Licensor, proper notarial acknowledgment of execution by Licensee must be attached.If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A.**Group B Chairman,Secretary, President,or Assistant Secretary, Vice-CFO or President Assistant Treasurer Otherwise, the corporation must provide Licensor with a letter of authorization confirming the signatory has the requisite authority to act on behalf of Licensee. APPROVED AS TO FORM: CELIA BREWER, City Attorney By://-7 Assistant/Deputy City Attorney Licensee Site Name:AT&T Twin "D"Tanks 16 SD0437 Encinitas (FA#10086217) EXHIBIT A LEGAL DESCRIPTION Licensee Site Name:AT&T Twin "D"Tanks 17 SD0437 Encinitas (FAiri 10086217) APN:215-080-05-00 ,..•r!.1071 the.North Hall o.1:the Scq.:thvir Quarter of the Sc..tueast Quarter of Tov.rnhp i s S..11.liatre 4 *est.San 13erriardihk•Mer•tiLLW,as : at 71w 3o1.:h Quarter Corner ot oain SeetIon tiiehee Norther - 17.-:.intlf! the Norti -So.:•11 e‘ttiterline of Said Section 22 North elti'55"Wew .37 feet t..3 the TRE.F. POINT OF BEGINNING. thence Sou 39'155`37t'East 250.0C feet; thence South 0'04'13' 1. -1..:t 150. 00 feet: thence Nor'h 37•51.TOO"Weat 235..'a3 feet to a pa:nt in said North .Sot:th hlp,tnen.7e Northe.rly along said North -South cerri.rh.10 7.11 'I feet,rrA :n• 0 t.-14-.TRUF.POINT OF BEGINNING.(.7ontain:11„T 1.uno:-€or less. ,ne tirantor,a34igns -411%1 or road purpose: 2.1 fei74 of the Northerly 17!.feet of :•i•ahr.ve dosc:rii-ed parct.. APN:215-080-23-00 -----.._ ocP't.^Oa"0'toe 150....tat 2usr-ta-t'tp-a ilas7 %.0 2Z.T_•"'a-'Z !2 $siti 4a-ia.as:Sir 6s --a -;-locatat Cltr 0"is-'Star 10 6a-"terra sf acarvas.4 t4 ,'s 4)(a'1,deat*.bad as •e!1..o4: -44."Olt.-t°44 ?Of'0't•Is Nt -t-oa'•0'Scutrloaat y•*ace SozT..4. !!-•'7''a^a. rdeli:V!s:NS of ssct•cr 22 -t'l•-c• •'7-6 :ortiv -.1 -.a!'era':$•C:1.:^ *sir_to a az!?:•-..1.•••;.aZea a•pr .+" .•"of :a ::••ac -ir_icr 4417:*A""•• -6-•"2A'=':1".'.7°et%11:trter:e.•der.. -a.•:!!East •": -•••'4.-.41 1.7 •4 •.sliat aa.t-'•r•.:•a4".! •.1..estil'y /Cc-;era':Sc-t."!q -a.tc ,7 -4407.•'44 Se?."..i-t4Air 4 *'c -g 04 .7 -•,7#30.7:to."-22 tr's 17 i"!2E:7:1s4.:mat c c'air.1:•ve devcriNie ::";c V•At •-;'1!•••. a..'-alhell.CA =Al..W.*alaz.4.0-4•aaa.S.44.04—A04401•-1.0%.•0•0---Oewa0.- !A.!!4'!:1111?..$4;lase I::a calm%t..t East-6 0‘.c 54."'ea:a'.al.;74 !S.::Ja.tsr "•..00 Ct.a -t.-aa'c Sic:'_ -:? -•,,G ttqmt 0"to."4'o4s '0 -t-a ra 0..*contalna 1.-11 c"la" EXHIBIT B CONDITIONAL USE PERMIT (See Attached CUP-15-09/CDP 15-29) Licensee Site Name:AT&T Twin -D"Tanks 18 SD0437 Encinitas (FA# 10086217) 4.City of Carlsbad August 11, 2015 Tim Henion 1264 Basswood Avenue Carlsbad, CA 92008 SUBJECT:MINOR CONDITIONAL USE PERMIT NO.MCUP 15-09 —AT&T BLACK RAIL ROAD— Request for approval of a Minor Conditional Use Permit (MCUP 15-09) to allow for the installation of a wireless communication facility at 6510 Black Rail Road,in the R-1 Zone and Local Facilities Management Zone 20. Dear Mr. Henion, The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 15-09 for a wireless communication facility consisting of the relocation of existing antennas from a monopole to the neighboring water tanks on city property.The new antenna locations on the water tanks will hold 16 antennas and 32 remote radios and will be concealed with fiberglass reinforced panels flush at the top of the tanks. All equipment on the tanks will be concealed and painted match the tanks.The equipment and building will remain in its current location at 6510 Black Rail Road.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 August 10,2015).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 can be made and therefore,APPROVES this request based on the following findings and conditions. Findings: 1.That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program,specific plan or master plan in that (a)the use 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 Residential Low-Medium (RLM) land use designation does not preclude the provision of Wireless Communication Facility (WCF)uses if they are located at the site of public and private utility installations such as water tank sites. The WCF plan has been found to be consistent with City Council Policy No.64, Wireless Communication Facilities, in that it is in a preferred location (water tank site) and has a stealth design as discussed in finding number five. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad. CA 92008-7314 I 760-602-4660(760-602-8560 f www.carlsbadca.gov MCUP 15-09 AT&T BLACK RAIL ROAD August 11, 2015 Page 2 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 proposed WCF is located within a preferred location (water tank)as listed in Location Guideline A.1.g of City Council Policy Statement No.64,and all aspects of the WCF exhibit stealth design and are concealed with fiberglass reinforced panels flush at the top of the water tanks and will be painted to match the tanks.The WCF use is not precluded by the project site's R-1 (One Family Residential Zone) zoning or RIM (Residential Low-Medium) General Plan Land Use designation.Furthermore, the antennas do not visually impact the site, do not interfere with nor are readily visible to other surrounding uses and will not result in any additional building coverage.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 eight foot tall panel antennas and RRtJ's are located on existing water tanks and are concealed with fiberglass reinforced panels and are painted to match the color of the water tanks,thereby exhibiting a stealth design and the equipment cabinet is located within an existing building. 4.That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the WCF use generates very little traffic,requiring only routine 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 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 of Small Structures) of the state CEQA Guidelines.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. 6.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 15-09 as shown on Exhibits "A"—"G" dated August 11, 2015 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 MCUP 15-09 —AT&T BLACK RAIL ROAD August 11, 2015 Page 3 violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit. 3.Staff is authorized and directed to make,or require the Developer to make, all corrections and modifications to the MCUP 15-09 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, (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. 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 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7.MCUP 15 -09 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health,safety and general welfare.If the City Planner determines that;1)the minor conditional use permit was obtained by fraud or misrepresentation; or 2)the use for which such approval is granted is not being exercised;or 3)the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval;or 5)the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6)the use is in violation of any statute, ordinance, law or regulation; or 7)the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance,the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8.This Conditional Use Permit is granted for a period of ten (10) years from August 11, 2015 through August 10, 2025.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 (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 MCUP 15-09 —AT&T BLACK RAIL ROAD August 11, 2015 Page 4 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. 9.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 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. 10.This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 11.Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Engineering: 12.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 treatment 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: 13.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. 14.Premise identification (addresses)shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. MCUP 15-09 —AT&T BLACK RAIL ROAD August 11, 2015 Page 5 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 $661.00.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 Austin Silva at (760) 602-4631. Sincerely, lirr IL* DON NEU, AICP City Planner CD:AS:fn c:Kevin Becker, AT&T Mobility,3 East, Room 3684, 7337 Trade Street,San Diego, CA 92121 Joe Garuba, Municipal Property Manager Don Neu, City Planner Van Lynch, Principal Planner David Rick, Project Engineer File Copy Data Entry DMS EXHIBIT C DESCRIPTION OF "PREMISES" (See attached Site Plan pages Al -A5) EXHIBIT D DESCRIPTION OF EQUIPMENT" (See attached Site Plan page D-1) NACUP15-09/CDP15-29A ssp0437.LTE 3c REDO at,&t 00.USID: 13844 >prat nc „,atact FA LOCATION: 10086217 129411LuLLLE cABHEA.GA5 NAP 2..j Your world. Delivered.BLACK RAIL ROAD m.squared 6510 BLACK RAIL ROAD SENGINEERSANCLEMEE 13. CALLO NTECA 92AVANZAD672(619,997-4012LEGAL DESCRIPTION CARLSBAD, CA 92009 PROJECT NO 10006217 DRAWN BY CHECKED BY JM• SITE INFORMATION VICINITY MAP PROJECT DESCRIPTION ZONING DRAWING ';XI TIM •.01.UPOLEvEcrir.4! WWI DRAWING INDEX D 00/17/2015 100.70.5 EASED. cowcurs 05/01/201SSMARM SHEET NO.SHEET TITLE A 04/22/2015 90..REV. .TruD DATE DESCRIP.ONEr-i,1•LL E.ATM. GENERAL NOTES L77M..•EH F.111 41.1/4.1__VISIT T .'ED FUR Rt_.FINEMAW.. Ast E APPLICABLE CODES PROJECT TEAM „, 500437—LTE 3CAPPROVALS-•-BLACK RAIL ROAD —5.6510 BLACK RAIL RDDRIVING DIRECTIONS CARLSBAD,CA 92009 WATER TANK SHEET TITLE '• DO NOT SCALE TITLE SHEET .1—•OKDRAWINGS •SHEET NUMBER 1-800427.600 T-1 , i '•,,...•...'''.'atsct,.„ - :....•-.,••,Mobility ,5 ............_.... .., L...1 __VI! ATS sE•ew.KsArIlEiX1.11.......01.1.11..'''''i.d 5nxtf.T4r4=rgm ,I..•RFANGRGGNIATEAn°SHALL hE ..ERGI.0DNINR •....,,,,ANI•.CUN.U.......4 .ON. DE3AD4 DP.S.0 i•*ratlie.-..)i_i .1 _..---"' Do...AIMER M TNIS SET G4DRAWIS S PREPARED ...TILIG.._I 'I ;2 . % '' 13948 CALLE BUENO GANARIN.ORMATN.UBTAEDUMKRUG OLNAVENTS MADE .....„/•°' %L.:;3='.4'1:1X7AVEr°A'. JAMUL.CA 91935AVAII ARIE ON Ill wryYSANOD GO•Ntr151.....SOUAKD SiNG11411143GAN..dUARANG.1111 .I.R....OFINF DA.• ANNINFORMFIGNOiPIC...01.•E CI' .Or .5 DIE: ''7.'SSMEGA.•NL HEREIVP.RES.i. +ON.AINIS•NYRI 31.01.1•.IIIi DR THETWIN ..LION. IN.1r•,‘,N \SEC-V°R?. 1 •: .' Atil •.INAGL.HRACI05ANYSAID 1.A1A•\...4 1,10.07-30 ILO.•.NPURP...SESUN.l•ANL AN1 MI 11.1 •io i :0.<.'4 11 ••I l. •ESEL.••:ARV.PROD.-USERAu:Er.•...nu. ...._. ,,..7...'.1.RNic uNALJOIORIZEOL•SEUR TNANSMISSIuN ••ANY SUL.H IN,u1 • I UUD1E.m.squared7..••NAL ,. . :11Allier..i ENGINEERS -1357 CALLE AVA NZA DC SAN CLEMENTE CA 92673MRRE.IN.TIAL ''I.i (6191 997-4012 N15ECVE.I.R TM..' TOR "C"I '11 ..PROJECT NO.1O08621') . . .. ..,,Li.0...z6 0o '' II !''DRAWN EN.MP A' .I . . 1....E ,1 "'"""•i.4E.11111AL CHECKED BY.Al ;,..REblE.G•IAL _III ,_1•.I A411NNA ARE.•3 II . (0 .I...._. ,I .99/17/2015 100F m's asEn-a commons...+,,,,,„,,,j,,,,o OVID/2015 100S ZD'S EDFSUIGIRGL 1,I WA.FIR TANK 04/23/2015 90.D'S FOR RENEW ...REV DATE DESCRIPTION M APKI 2154.05A 23IMaI=,----iII RESII1111._------ Wj - ----- ,,",„.„,„,!,,,,, 0 .. B2CA2C V:INF ' Ce 02 6 II P i-R:A7E-7Er7..77E-7.71.i'r7 E'S "2:U /1%..'.....Irr ---------______SD0437—LTE 3C T 5 I .. t BLACK RAIL ROAD 1:0 6510 BLACK RAIL RD CARLSBAD,CA 92009 WATER TANK RF.ri:.-i.SHEET TITLE N SITE PLAN W g4,E%.0 SHEET NUMBER A-1 SITE PLAN —._..--1 .... -atsctMobility ...., >prattinc -))Pratt)_) 139.CALLE BANC GANAP JAMUL.CA 9/935 il .I•1mow.NTII LMFABLA A A I I ' BATTEN).Fr _.1:0.DAT -1.17WITH m.squared I t ENGINEERS 1313TCALLE AVANSADO SAN CLSMENIP CA 92673 . rip‘16111 (619' 9972012 .A. I ..•LEMI:T A .M PROJECT NO 1008621)I1.16 I..A1.11 LJ 7 DRAWN BY MP.is.BATMliv :I 4A(.1.Pa 48111Fr I.:roil AM .2 .na L .f.CHECKED BY JM A I :11.;rE6E'07:1E'''ALL ',,' - inIV 1 r .,;,,.;,..-__ Rh. 1 06/17/2015 100%In POISED-JO COMMENTSFAL.K 9 AV-,0 05/01/2015 1208 IRS TOO SUEMPOL A 02/23/2015 9138 22.2 1.RENEW SS 21012 DA. NEV DATE DESCRIPTION • F.•EllER.•e 1::SIIJI .1-.SKIT.ft LI'J IMO/iOil IN...,...1.1..11V.:.5 .!!-..t .ir4.-.,Ale 'Ft_'BP.IGUAR..0 , fr iSA.10.110.4 Of UM FT*ANY PERSON.ONLESS '40MSACIOZIX'GITIRMZE71-719=1Elgr SD0437--LTE 3C BLACK RAIL ROAD 6510 BLACK RAIL RD CARLSBAD,CA 92009 WATER TANK SHEET TITLE EQUIPMENT LAYOUTS N „ 44% ,SHEET NUMBER%.0 A-2 EXISTING EQUIPMENT LAYOUT —1—"-- 1 MEM/OPTIMAL ANTENNA AND TRA.Js .7i /r.lissia • CABLES RECTLIRE^AEHT.PERI.'WITH CURRENT REC.-1 C - ,',a3 ,...,.atsaIF. i ._•_‘..•_MobilityLTETOMMSCORE;''••SWORN-101W ;;cOMMSCOPE ;0 —.......-AT .Esm BANRWIDASC i '‘.3 ;+7—dUMW',,;;;;/•,,,,/'''1 ' '';--''—'1W '.-.....1---Rms.COMMSSOKEa.LTE •SIOWX1065C WATS s---m--,K... 1 GOMISSEOPE )epratti G Ir"- "IPP.,....4. -.'• TTE / S///l•sl ; ll/;'///'•9 ...1/591/9WIESSC x.!COMMSCORE A 11 :la_IL ilia, n)_;), ,—L LIMI I al OSSG 'COM:SCOPE /•1 0918 CAL EDER°GAWP AA. .It.\-;.; ••04 AMU.LECA 91935 DAL WES 1 SBNXX-IESSL COMMSG ORE a ISO.WEl a IG GI WaTla 1.--/R-•;--"—'-'.--'-'--4 4 \1.88111.0.1-101.'../S.W.;.aGOOMSGGEE ,LTE -21C-ISEl •.W FIEGSSBNHHal 065C s_-GSM SBNIT WI DWG -..;;;;LK 1 Wilk l'Y'l ' 1,....., WETS COMMNGOPS - ‘..Wws•'••tal "r'.; SONXX106SC Ir Ili ..,COMMSCOPELTE .•I ANYSBNI-01-1065C nrg1•0":1.:;`.A,L.11:lluD7.1:1°.1..•.11 t-k.I 'j,ICOMMSCOPSTRAY SECURED WIWI PHONETIC MOUNTS \'m.squaredSER19.1.1065C I ll.l•• GSM Gl/l..SGS/ER ENGINEERS„,,,„, PROPOSEDATV PH'PANELANTEN.4 'IL....i GSM '1387 CAL LE AVANZADOCONNINCOPEumrsTO REPLACE EDISTINO MOUNTED ON INI r......SAN CLEMENTE CA P2673sE0114.Mc MONET=MOUNTINGKIT..LTE ,E-•.•I.Art-ER7DIR *- .IPN. 997-4012EDWAScO.ANTEN .PERPER SECTOR (16TOTAL LTE VAIER TSGEW.I.Dirsc 1.c • PROJECT NO 10066E0. e ',. 411LT •OMAN BY.MP .1.1...•1R 1.11•911 Wolk r 6.l' \ CHECKED BY • ..irl•,zzz--N•.i 1 ‘....—.1•......„/ •_ ....... ilicr/...•„, ..K.....ct.......—ID'S AEYBED.COI..____PROPOSED ATAT R. it ['r•..."/„......;1 NOUNTED ON INIMAG•TIC;MOUNT NIT BELOWANT...AtO5,C1°‘05/01/1015 100%70..BAH. ; ;H..*.,.c_A 01/33/]015 SOS ZD'S FOR RWENWI PER SEC/CR.1161 TOTAL 1.;.;;;1.0,0- '.0•. s.1 ...9EV WE DESCRIP.ON;A BFII.21r k.J PROPOSEDAnaCABLE TRAY SECURED WITHMAGNETICMOUNTS.EACH SECTOR -rr Ill At ka NO ........';;;..:.•."_!-.:1.t.'':E':::•!'!;,Z. Ir0 ANTENNA STANDOFF BRACKET REPOSITION EXISTING ORM ANTENNABY OTHERS PER WATER FACILITIES REQUEST nil , hERVOINWAaENIANK'''E'2AVR1;;;...•'C. t.0 sep10 .11 00°,5w4 — 111. - ,-pRoposEDAraiRilu's mourriED on • INI WWHIETIC MOUNT KrrBELOW PROFESSW-ML OWN.,TOALTER NOS DOCUMENT /AWO I W6 l!''ANTENNA:.IrPERSECTOR..TOTAL I \*."SD0437-LTE 3C1kPROPOSED.TATC.'FLATSURGE - CD ''14Y/).;BLACK RAIL ROAD,'..... „.....<.......\ suPPREssiou WIT 1.11.. OFWMOUNTEC PISIDENes CABLE TRAY ;."P-*..6510 BLACK RAIL RD \I-IIrel.SECURED WITH MAGNETIC MOUNTS ; r.;..- ,- iT. CARLSBAD,CA 92009 ,1501 PROPOSED ATSTWMTWA MOUNTED INSIDE ;rl :1 ;'4Ir4'.;''p.„12............L..;;;•, WATER TANK\NEW CABLE TRAY SECURED WITH•ONETIC ..MOUNTS.IBP.SECTOR I.. TB.”' 4.4•711111Alld :'-':;.--.2 =z- ,,,SHEET TITLEIDPROPOSED ATAT RROS12W.2 SPA.,,_.4EXPANSION MODULE MOUNTED ON D.Er /N ANTENNA LAYOUTSMIMEBROW ANTEN.(I',PER LE'C-; 1 '/SECTOR.It2.TOTAL diP4----a__LT E w W41." E SHEET NUMBERPROPOSEDAM!FRP ENCLOSURE APR._ ICJWOS.......0 ATTACHED USINGMAG..SIANUOFF OUNTS...TEDTO MATCH.WATER A-3TANK COLOR r PER SECTDR.1 TOTAL EXISTING ANTENNA LAYOUT ....._—.—1 .. __.. . ,..—1 7 ats(t Mobility •,„,-,„.„„,,,,r , _--- )eprattinc I ______.---.___----' 4-:147mr--------- 1...E.---1.-..==.13948 CALLE KENO O.. JAMUL,CA 91935Iniiii=M =IE .1.•I'P .8 ...FEZIP=TAED -.= Brie .„.1 -+.1.E “ 4._lo.n7.orrANTEN1.0 NADGENTER it.....".47.r.F.T...i .1I 1 !. 1 .-4 1ii.'mr..1 1 II ]i •:•:.1PER SECTOR aTOTAL ikkPROPOSED P.C.• AT&T PANEL ANTENNAS .'TOREP4CEDUSTING MOUNTED ON (N)7 3 Y1 1.X',',,PPE;)PER SECTOR.(10TOT..,1171:N7EVOIYINTIgr" 1 a a a a,,,,•BELOWANTENA.(IIPER ,....._...,„,_,'i .1SECTORrd)TOTALPROPOSED •11.11 RRU•S11MOUNTED -- .ON(RIPPEBELOWATENNA.MI ,PROPOsE0AraiMei m.squared''POI ECTOR. (16)TOM.ORCELE0WITHIN 4P'. 'PROPOSED CABLE'RSV:ENGINEERSczmilSECTOR.(11)TOTAL I "II 1387 CALLE AVAD0PROPOSED RRRRRR LI'S 12VOA2'1 EXPANSION MODULEhioutneo r. ).__________1 1\SAN CLEMENTE CA 92673LDIT-. 1:ELPVAI0VVENNA.MI PER PROPOSED ATST GC m-FLAT''1819j 997-4012 E1'.;WI=I:=CTE'rLYrI1) PER SEC TOR.141 TOTAL PROJECT NO:10066217 MOON'SLM 1AC1. M ''M .. DRAWN ET.MPI-_:-L g CHECKED 910 JIA*IM IMP *1%-''''.:',''''''=8----- NORTH ELEVATION yerNw..---1 • 1 06/17/2015 ION[DIED 12PASED-A COMMEMIS 0 05/01/7015 1000En FORSUMO& A 04/23/0015 202 SOSFOR REYES ...REV DATE DESCRIPTION PROPOSED W'T&T PANEL ANTENNAS L.....=OR PM RPM IAI PER SECTOR. *I If!1:JvAr.TA1.4 _____--_--,•*TO,p.,0,..p.P..121LIMSED ATVANTENNAS. ,_-111-1 tl— 1—i 1 I I —I I I I ,1-'- '...-.-;...I I I 1 f-f -r-i --rtit,r„.......-4.-.. ,,. 1 ..ill i4_=8.1EDZIVE ANTENNA RAD coNTER 1 I..1 0...• L I i 1 it ill II :r. ATV EuL.IPME. 8-.-.R 4OF aiZa"501:14i aIS'''• I,,a4 a is i'•,,_.,,,igl.-.J 1 PRoPORED AT&T RIMER 12 W/ A2 ,•PROPOSEDAnaPRP ENCLOSURE EXPANSION MODULEMOUNTED.ATTACHED USING TAAONETIC STANOODP NIPIPE BELOW ANTENNA. MI PER I- SECTCM.02)TOTAL SD0437-LTE 3C ,MRO:SE:INTELITONATCNIEIW..71 TANKCLOR. IPERSECTOR. TOTAL .. 1 I PROPOSED ATILT RRLES11 MOI/170 ,I I BLACK RAIL ROAD TST RRUS 22 MOUNTED 6510 BLACK RAIL RD ,,4..MRPPE SEMND ANTENNA.III IZITZg.717Cf.TAI'•'I'-1 ,....PER SECTOR MITOT.CARLSBAD,CA 92009 i WATER TANK PROPOSEDATV DC;FLAT" SURGE• •-•4 SUPPRESSOR CONCEALED WITHIN PROPOSEDCARLE TEAT.III PER SECTOR.141 TOTAL SHEET MU 1 •—e I -ELEVATIONS,PROPOSEDAEU TMA CONCEALED ."MR .. I WITHIN PROPOSED CABLEiPER SECTOR MI TOTAL l --_,--SHEET NUMBER C:.!.':'. —A—4 EAST ELEVATION ...V..".".••••2 at&tMobility r . .... )eprattin) -1 .ci._.-...;-:;:r-""-_„.....0.'PROPOSED.. A&TPANELANTENNAS MOUNTED ON )NI:T 13948 CALLE BUENO MAAR4MItEgEtTINGlPROPOSED ETAT ANTENNAS .R MAGNETIC MOUNT ON CMPER L'••-—_SEIOR :16: FoTALr-----16.1-rop X .•.•.JAMUL.CA 91935mopossoATAT FRRExcAosum . ATTACHED USING MAGNETIC STA 4 7:7:1ELATATANTENNA RAD CENTER 11 -7-' 1 1 1 MOUNTS PAINTED TO RETCHMMOAT ERTANK COLOR 11.11 SECTOR..TOTAL R " t•M),! I 4 1 .11 1 'PROPOSED ANAT REVS 12.AZ 4.5; i 4 Ir 78'EXPANSION MODULE MOUNTED ,.- MMAGNETIC MOUNT KIT BELOW ON r'•''''I '..M.II it If iii ANT.).1]IPER SECTOR.:12)iAInLL:AFEnC:F t.-j_Ta•T4L_j I jg TOTAL PROPOSED AT&T MOUNT I MOUNTEDON (H) MAONETIC KR BELOW 0 R.-4 KR):., m.squaredNENNA.(4) PER SECT:M.11M TOTAL ENGINEERS PROPOSEDIllMA'SPERMGM 'CALLE AVANZADO _.)--. 0 07NT =I'AGFIglCNOVITrK7=NONCEALEIMATHI DN PR(NP OPOSE E7DCABLE TRAYSHROUER -•138 SAN GE ELATE CA 92673 AENNA. it)PERSECTOR,MTOTAL SECTOR 01 TOTAL ISIS: 993-1012 ''');STPROPOSED ATATCC.RAC'K';).. 'FT; 'T'.''... ''''.SUR.ETCPPESSOR 4‘PROJECT NO 10086217 4/41 =g°4.1TZRA.0 DRAWN BY*,",I 'MP CHECKED BY JR, SOUTH ELEVATION %weer.-1 ..__ 1 06/17/2015 100M Ms inzgo-.r0 COMMIE 0 05/01/2015 100%TES FOR 9110111TIAL— A ..OE/23/2015 90X E.FOR 00200 REV DATE DESCRIPTION PROPOSED WC AM.PANEL ANTENNAS .,MOUNTED ON IN)MAGNET.MOUNT AIT • 00)PMASECTOR...TOTAL PROPOSED•1AT MIESIA WiAR A410.ANNES IT .0.M MIUrL.4.EUN T E0 0N)N)0 ' 4.'1.:ITTT'S.':'".'- TEMA 1.1 PER SECTOR fa) TOTAL I - 13;;;;MPOSEDATAT ANTENNAS 1 -- " .'•_"''."....' FR:.R.).- •T•-I 1 I ------------------- 4PZ-.191r.:LAT"'"EN''RAD"Nr"'14 I Is •H II .:.. MT]DT1.TRRX -_ .---1...,_----:--...-..-..r 1 ' :11 viyaForuLetnirrtov`"N"'.i.E''sCM.MoRFER.To ICRIT 5 '0ROFT ' it : 1 11 it .1!ii sIIIMOUNTRT 1.1 ) V il A il .L,0.4 IN) MAGNETIC MOUNT KITpeLow v 4.1.„..C. ' 1 3Ite 1'w ANTENNA (4) PER SECTOR NS) TOTAL T 1 I ••5 i II SD0437LTE 3C :14.10!...Yri. I. 1.-: .-.0 I BLACK RAIL ROADII..,..YTI1 ..1.F - I -I 6510 BLACK RAIL RD I --- CARLSBAD,CA 92009 WATER TANK'0.II I I4T.7 *.I h : MOAMAR•1ATMP ENCLOSolirATTACHED USING MAGNETIC STA. : SHEET TITLE MOUNTS PAINTED10MATCH ''''"7 UnlitCOLOR I PER SECTORV1Vor ELEVATIONS ,..•....1.___,=_a 0 --_-,=.";19:LE,,.. —1 ---_-SHEET NUMBER A-5 WEST ELEVATION ---..-6%--2 -,,;,7 " .,;., L atsaMobility..,..,. rer L t TOP VIEW ,Nor lA..C.ce-..... _....)eprattinI) ::"•-• ,,,..; -.139.CALLE BUENO GNNARJAMULCA91.5 ..rA'7181Wg:I.5-B6It .A ,'1126 A.-I 8'sSIDE VIEW FSO NT VIE.Al RRUS 32 8 8' HEXPORT PANEL ANTENNA 5 ERICSSION RRUS 11 13 m.squaredENGINEERS 387 CALLE AVANZA00 SAN CLEMENTE CA 92673Ittt8IL..697-0012 t IT=1.t13.11 T a.3 ODE X AL011.r1 1 l rrrrla r I I .1411OING110181FING IARLNYAREt PROJECT NO 10086217., DRAWN B1 LIP ,.CHECKED BY J14VIIIP1.I 130 1.3.1 1 '_NZ RE.—— .TOP VIEW001.3 '•,, III / 114 II I! — e e 1 ] I - .0.-ri -...!.'IL..ir EA1!!1W 1•ill .;1 r .IIIIIIIIB .641 3 — 1 06/17/2015 100X OLD REME0-.1%LOWE. 0 05/01/2015 1.ITS FOR SUBMIT. h .81 A 003/2015 90%IDS FOR ROC..—. 71 ==.i ,REV DATE DESCRIPTION 11'11 •I C••fr---.CI0•LIcELUA I . ..__No...A..11 .. SINE VIEW FRONT VIE*...==' DC-6 "FLAT SURGE SUPPRESSOR 17 .n.II ---'---!I - 1 ERICSSION RRUS 12 2 1.1.2.1L =i1il..OBS 6UNSHIELE —1---:INL,\ -.Writ1-.A -BS --I It_—I ,,.,'"A'14.--- -*---74.f......E. 6L.3:33".381IT6.481711"''F'•=t141-._. ....„_.0_.=„„70'fr."„.--. 11 2 =- .14 •SD0437—LTE 3C II 1 • I. IF 4 III 1II ,BLACK RAIL ROAD 6510 BLACK RAIL RD l .—••—IL•:f.1.1:::III il CARLSBAD,CA 92009 il I ..WATER TANK!"•,-•i•••I ° 1,.1 1!;,,;•; - i_j 1 ___0 SHEET TITLE DETAILS SHEET NUMBER D-1 RRUS +RRUS-A2 MTG.@ STD. PIPE MOUNT 6 NEW ANTENNA MOUNTING DETAIL 4 COMMSCOPE DIPLEXER 1 s - EXHIBIT E CELL SITE HARD/SOFT KEY ACCESS REQUEST FORM (See Attached) Licensee Site Name:AT&T Twin "D"Tanks 21 SD0437 Encinitas (FA# 10086217) CELL SITE ACCESS HARD/SOFT KEY at&t REQUEST FORM Contractor Company Name Vendor/Supplier Company Phone # Sub-Contractor for **PLEASE PRINT CLEARLY** LAST NAME:FIRST NAME: DRIVER LICENSE #:EMPLOYEE ID# WORK PHONE:STATE: PAGER:MOBILE PHONE: ALTERNATE NUMBER: REASON FOR ACCESS: **PLEASE READ AND SIGN BELOW** I understand the Cell Site Hard/Soft Access Key I received are for my personal use only to supply services for AT&T Mobility, and are NOT transferable.I further understand activity of this key and pass code is monitored at all times and I am responsible for this activity. Should any incident, including but not limited to damage, theft or vandalism affecting AT&T Mobility, occur where this key and/or pass code is utilized for access,I will accept full responsibility and both my employer and I shall be jointly and severally liable for any associated losses and will compensate AT&T Mobility accordingly.I UNDERSTAND AND ACCEPT THAT ANY UNAUTHORIZED OR IMPROPER USE OF THIS KEY OR PASS CODE MAY LEAD TO MY TERMINATION AS A SERVICE PROVIDER TO AT&T MOBILITY. Upon termination of my services with my contracting company or earlier if my assignment in providing services to AT&T Mobility is terminated,I will surrender this key to AT&T Mobility and notify AT&T Mobility of my termination so that the pass code can be deactivated. If this key is lost or stolen or if my pass code is compromised,I will report such fact to my contracting company and to AT&T Mobility immediately.I understand to that I will be charged a replacement fee to cover the cost of the key (to be determined at time of loss). User Signature Date User's Manager Signature Date PLEASE PRINT User's Manager Name AT&T Mobility Manager/Director PLEASE PRINTAT&T Manager/Director DATE o. (City of Carlsbad August 11, 2015 Tim Henion 1264 Basswood Avenue Carlsbad,CA 92008 SUBJECT:MINOR CONDITIONAL USE PERMIT NO.MCUP 15-09 —AT&T BLACK RAIL ROAD — Request for approval of a Minor Conditional Use Permit (MCUP 15-09) to allow for the installation of a wireless communication facility at 6510 Black Rail Road,in the R-1 Zone and Local Facilities Management Zone 20. Dear Mr. Henion, The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 15-09 for a wireless communication facility consisting of the relocation of existing antennas from a monopole to the neighboring water tanks on city property.The new antenna locations on the water tanks will hold 16 antennas and 32 remote radios and will be concealed with fiberglass reinforced panels flush at the top of the tanks. All equipment on the tanks will be concealed and painted match the tanks.The equipment and building will remain in its current location at 6510 Black Rail Road.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 August 10,2015).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 can be made and therefore,APPROVES this request based on the following findings and conditions. Findings: 1.That the requested use is necessary or desirable for the development of the community,and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program,specific plan or master plan in that (a)the use 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 Residential Low-Medium (RLM) land use designation does not preclude the provision of Wireless Communication Facility (WCF)uses if they are located at the site of public and private utility installations such as water tank sites. The WCF plan has been found to be consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (water tank site) and has a stealth design as discussed in finding number five. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4660 I 760-602-8560 f I www.carlsbadca.gov MCUP 15 -09 AT&T BLACK RAIL ROAD August 11, 2015 Page 2 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 proposed WCF is located within a preferred location (water tank)as listed in Location Guideline A.1.g of City Council Policy Statement No.64,and all aspects of the WCF exhibit stealth design and are concealed with fiberglass reinforced panels flush at the top of the water tanks and will be painted to match the tanks.The WCF use is not precluded by the project site's R-1 (One Family Residential Zone) zoning or RLM (Reetsidential Low-Medium) General Plan Land Use designation.Furthermore, the antennas do not visually impact the site, do not interfere with nor are readily visible to other surrounding uses and will not result in any additional building coverage.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 eight foot tall panel antennas and RRU's are located on existing water tanks and are concealed with fiberglass reinforced panels and are painted to match the color of the water tanks,thereby exhibiting a stealth design and the equipment cabinet is located within an existing building. 4.That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the WCF use generates very little traffic,requiring only routine 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 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 of Small Structures)of the state CEQA Guidelines.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. 6.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 15 -09 as shown on Exhibits "A"—"G" dated August 11, 2015 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 MCUP 15-09 —AT&T BLACK RAIL ROAD August 11, 2015 Page 3 violation on the property title;institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit. 3.Staff is authorized and directed to make,or require the Developer to make,all corrections and modifications to the MCUP 15-09 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, orindirectly, 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. S.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 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7.MCUP 15-09 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health,safety and general welfare.If the City Planner determines that:1)the minor conditional use permit was obtained by fraud or misrepresentation; or 2)the use for which such approval is granted is not being exercised;or 3)the conditions of approval have not been met; or 4)the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval;or 5)the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6)the use is in violation of any statute, ordinance,law or regulation;or 7)the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance,the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8.This Conditional Use Permit is granted for a period of ten (10) years from August 11, 2015 through August 10, 2025.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 (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 MCUP 15-09 —AT&T BLACK RAIL ROAD August 11, 2015 Page 4 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. 9.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 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. 10.This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 11.Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Engineering: 12.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 treatment 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: 13.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. 14.Premise identification (addresses)shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. MCUP 15-09 —AT&T BLACK RAIL ROAD August 11,2015 Page 5 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 pretest 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 $661.00.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 Austin Silva at (760) 602-4631. Sincerely, IWO DON NEU, AICP City Planner CD:AS:fn Kevin Becker, AT&T Mobility,3 East, Room 3684, 7337 Trade Street,San Diego,CA 92121 Joe Garuba, Municipal Property Manager Don Neu, City Planner Van Lynch, Principal Planner David Rick, Project Engineer File Copy Data Entry DMS LOCATION MAP----immelozofeIINlatia.-.....,,,wr i fig 106._„„NNN---I..."...._.,40...- 0._1111ARTINGALE CT Aviara Community Park :iir.J.I.firmi 1.WAN= 4111111sea OP_it Twin D Tanks 215-080-23-00 il KALMIA CR CIOREGATTA RD ,,A ar MARITIME DR i 215-080-05-00 I ALEXI ,1111111111211111111111 .,New Cingular Wireless ka _::_) xi 11,1 POINSETTIA LN i------ 1 (Mir DIMEIMEt S VIMIO *-1--r g 1 1 CASSIA RD TRITON ST VICINITY . r v Ilk flsvo"lipaplir --....i-r- :MAP \Ailiallor ".... .A 9. 1111 I A 111 C7i0 Ce• 0:1 . C01AMIA..i.T.,, i -.A 0 % %,,,,,14 /.1 NEW CREST CT A 1111.1111 11141 1110 01,P I iW•, L. 1 10 11 400 i= „„i. cA„0 0c. 11.°cis's'41<ce . CORTE ORCHIDIA 40 ondA [se -Po\32-IN .• 10#411 II -;..; #6. ' Lir L.CL-4 1.3, -DORD IIP1 '‘ic;23 Tp To PROJECT SITE NIGHTSHADE RD CEMINA0IA '-`.'- 10.1110..VWY 1 "Wit? 1 '----' _. I- co<0 ill 0.c-calm PACIFIC '\lip 4...I. e°5,:cIIIz1- u)‘, (%w -- cc0 ---- i -- PO lir 14 %Ikcixo.00CEAN I_ 1 ..\46 OT/TO CALE - 1.11.111111.1111°------- -- \)\ --- 2:' PROJECT NAME EXHIBIT New Cingular Wireless WCF License a Path'I-J•\Public: VVorks\TwinDTanks.mxri