Loading...
HomeMy WebLinkAbout1995-12-19; Municipal Water District; 298; License Agreement - Airtouch Cellular* . rC -6 CARLSBuD MUNICIPAL WATER DISTRdT - AGENDA BILL * dv TITLE: ACCEPTANCE OF LICENSE AGREEMENT MTG. 12J4 9195 BETWEEN AIRTOUCH CELLULAR AND THE DEPT. CMWD CITY OF CARLSBAD RECOMMENDED ACTION: Staff recommends the Board of Directors adopt Resolution No. e5 accepting the License Agreement between the Carlsbad Municipal Water District and AirTouch Cellular and authorize the Executive Manager to sign the Agreement. ITEM EXPLANATION: AirTouch Cellular has proposed to construct and operate a cellular communications facility that consists of a three-hundred sixty square foot cellular equipment building with an adjacent forty foot high antenna system with up to thirty directional antennas, six cellular omni directional whip antennas and four digital radio dish antennas on District property known as the La Costa Hi Reservoir property. This property is located south of Alga Road, east of El Fuerte Street and West of Melrose Avenue. (See map on Exhibit “B”) AirTouch has secured the necessary Conditional Use Permit 94-l 1 from the City Planning Commission and is attached as Exhibit “A”. FISCAL IMPACT: AirTouch Cellular has agreed to pay the District one thousand eight hundred ($1,800) per month or $21,600 for the first year of this agreement. The rent shall increase as follows: Year 2: One thousand eight hundred and ninety dollars ($1,890) per month or $22,680 for the Second year. Year 3: One thousand nine hundred eighty-four dollars and fifty cents ($1,984.50) per month or $23,814 for the Third year. Year 4: Two thousand eighty-three dollars and seventy-three cents ($2,083.73) per month or $25,005 for the Fourth year. These monies will be deposited to the District’s Enterprise fund in Account No. 501 810 00 00 8420 as rental income. EXHIBITS: 1. Resolution No. 3s 2.LicenseAgreement between AirTouch Cellular and the Carlsbad Municipal Water District. 3. Exhibit “A” CUP-94-l 1. 4. Location Map Exhibit “B” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 915 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA ACCEPTING LICENSE AGREEMENT BETWEEN AIRTOUCH CELLULAR AND THE CARLSBAD MUNICIPAL WATER DISTRICT WHEREAS, AirTouch Cellular wishes to enter into a license agreement for the property known and specifically identified as one thousand four hundred and eighty (1,480) square feet of a 1.53 acre site, commonly known as the La Costa Hi Reservoir Site, herein after referred to as the “Property”; WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, California, agrees to enter into a License Agreement with AirTouch Cellular; and WHEREAS, AirTouch Cellular agrees to all obligations in the License Agreement and CUP 94-l 1; and WHEREAS, AirTouch Cellular agrees to pay the Carlsbad Municipal Water District without abatement, deduction or offset the following rental on or before the first day of each month this agreement: (a) One thousand eight hundred dollars ($1,800) dollars per month for the first year of this agreement commencing the first of the month following the adoption of this agreement; (b) Commencing on the anniversary date of this Licensing Agreement in years, 2, 3 and 4, said monthly rent shall increase as follows: Year 2: One thousand eight hundred and ninety dollars ($1,899) per month; Year 3: One thousand nine hundred eighty-four dollars and fifty cents ($1,984.50) per month. Year 4: Two thousand eighty-three dollars and seventy-three cents ($2,083.73) per month; 3 WHEREAS, the Board President hereby directs the Executive Manager to execute 4 three original copies of the License Agreement; and 5 NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad 6 Municipal Water District, California as follows: 7 1. That the above recitations are true and correct. 8 2. 9 That the Board License Agreement attached hereto is hereby 10 approved and the Executive Manager is authorized and directed to execute it on behalf 11 of the District. 12 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad 13 Municipal Water District held on the 19th day of 1995, by the following DECEMBER 14 vote to wit: 15 AYES: Board Members Lewis, Kulchin, Finnila, Hall 16 17 NOES: None . 18 ABSENT: Board Me 19 I 20 21 ATTEST: sistant Secretary 24 (SEAL) 25 26 27 28 LICENSE AGREEMENT This Agreement made between the Carlsbad Municipal Water District, a municipal water district organized and existing under the Municipal Water District Act.of 1911, as amended, hereinafter for convenience referred to as "District", and AirTouch' Cellular, a California corporation, hereinafter for convenience referred to as t@AirTouchll. RECITAL8 1. The District is the owner of real property more specifically identified as one thousand four hundred and eighty (1480) square feet on a 1.53 acre site, commonly known as the La Costa High Reservoir Site, and hereinafter referred to as the "Property". 2. The District now uses the Property for a water storage reservoir for the District and appurtenances thereto. 3. The Property is adequate in size to allow the installation of an antenna and appurtenances thereto by AirTouch. 4. AirTouch is desirous of installing antennas and appurtenances thereto on the Property. 5. The District is willing to allow AirTouch to install the antennas and appurtenances thereto under certain terms and conditions. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: LICENSEE'S OBLIGATIONS AirTouch agrees to do the following: 1. Use the Property for the purpose of constructing, maintaining and operating a Mobile Communications Facility and uses incidental thereto, consisting of one building of approximately three hundred and sixty (360) square feet and antennas as described in CUP 94-11. A security fence, consisting of chain link construction or similar but comparable construction, shall be placed around the perimeter of the facilities of AirTouch. All improvements shall be at AirTouch's expense. AirTouch will maintain the property in a reasonable condition. 2. (a) Be responsible for installing any equipment, at expense of AirTouch, to eliminate any interference that might be caused by the location of the radio transmitting or other equipment of all parties (including but not limited to the District, City of Carlsbad, and Cablevision) on the Property. (b) The District reserves the right to enter into agreements with other parties, including but not limited to wireless communications carriers (hereinafter @'Carriers") for use of the La Costa High Reservoir site. In the event that an additional Carrier is licensed to use the site it shall be the new Carrier's responsibility, at its expense, to ensure,that such installation is constructed and operated in accordance with applicable regulations issued by the Federal Communications Commission (18FCC)), if any. If Carrier's plans and specifications are approved by District, District shall notify AirTouch in writing as to the scheduled date and time of commencement of construction and installation of Carrier's transmitting/receiving equipment not less than five (5) business days prior to such date. Any change to the additional Carrier's approved antenna type and location and/or 2 . change in transmitter types and power output shall be made compatible with AirTouch at Carrier's sole expense. 3. Be responsible for maintenance of the building to comply with all City, County, FAA and FCC regulations. 4. Be responsible for its own equipment. Provide fire, theft and extended coverage insurance for the building and facilities installed for AirTouch. 5. (a) Be responsible for securing any necessary permits or conditional use permits from any governmental agency to install any facilities of AirTouch on the Property. AirTouch may substitute, modify and/or add to its communications antennas located on the Property from time to time, provided that AirTouch first obtains any and all required governmental approvals for such substitution, modification and/or addition. Any change to AirTouch's approved antenna type, number of antennas, antenna location and/or change in transmitter type and power output shall, at the sole expense of AirTouch, be made in accordance with applicable regulations issued by the FCC. If AirTouch's plans and specifications are approved by District, AirTouch shall notify all other Carriers in writing as to the scheduled date and time of commencement of construction or installation of AirTouch's modified equipment not less than five (5) business days prior to such date. (b) It is understood and agreed that AirTouch's ability to use and/or protect its interest in the Property is dependent upon AirTouch's obtaining all of the certificates, permits and other approvals which may be required from any federal, state or 3 local authority, and any easements which are required from any third parties. District shall cooperate with AirTouch in its efforts to obtain such approvals and/or easements, as may be required for AirTouch's facility as initially configured and approved in CUP 94-11. If (i) any application and/or negotiations by AirTouch for any such certificate, permit, license, easement, approval, policy of title insurance, or agreement is finally denied, rejected and/or terminated, (ii) any such certificate, permit, license, easement, approval or agreement is canceled, or expires, or lapses or is otherwise withdrawn or terminated, (iii) any Hazardous Materials are discovered or otherwise become located on the Property, other than as a direct result of AirTouch's activities thereon, or (iv) due to technological changes, AirTouch determines that it is no longer practical to use the Premises for AirTouch's intended purposes, then AirTouch shall have the right to terminate this License Agreement, which termination shall be effective no sooner than 30 days from delivery of written notice from AirTouch to District provided AirTouch has removed all of its property and equipment from the premises by that time. 6. Be responsible for all utilities and any property taxes imposed as a resu,lt of the use of the Property by AirTouch. 7. (a) Licensee understands and agrees that this licensing agreement may be revoked at any time in the future if the District determines for any reason at any time in the future that this license agreement is not in the best interest of the District The determination of license revocation shall be within the sole 4 / ‘, discretion of the District. In the event the District's revocation of a license is not due to a breach by AirTouch of one of the conditions or obligations provided for in this agreement, the District shall give AirTouch written notice of the necessity of removal of the said facilities one hundred eighty (180) calendar days prior to the effective date of the removal. Such removal or relocation shall be at the expense of AirTouch. (b) If this license is revoked by the District due to a breach by AirTouch of one of its obligations herein, the revocation shall be effective thirty (30) calendar days from the date of delivery of the notice of revocation and AirTouch shall remove all of its personal property and equipment from the Property by that time or the District may remove it and charge AirTouch for the cost of removal. 8. If upon expiration or termination of this agreement AirTouch remains on the Property, AirTouch shall pay rent at two times the then existing montKly rate until such time as AirTouch vacates the premises by removal of its personal property and fixtures. : 9. Exercise due diligence in utilizing the Property of the District so as to not interfere with utilization of the Property by the District, and AirTouch agrees to comply with any rules and regulations that the District may promulgate at any time in reference to utilization of the Property by any party other than the District. It is understood by AirTouch that the Property is used by the District as a water storage reservoir and as a part of 5 the water transmission system of the District and that it is necessary to maintain adequate security at all times for the primary utilization of the Property by the District. 10. Pay to District without abatement, deduction or offset the following rental on or before the first day of each month of this agreement: (a) One thousand eight hundred(1,800) dollars per month for the first year of this agreement. (b) Commencing on the anniversary date of this Licensing Agreement in years 2, 3 and 4, said monthly rent shall increase as follows: Year 2: One thousand eight hundred and ninety (1,890) dollars per month. Year 3: One thousand nine hundred eighty-four (1,984.50) dollars and fifty cents per month. Year 4: Two thousand eighty-three (2,083.73) dollars and seventy-three cents per month. (cl If any of the monthly rental payments are not received by the District by the tenth day of the month in which they are due, the rent shall be deemed delinquent and a ten (10) percent penalty on the sum owing shall accrue on the late payment. If AirTouch should become delinquent on two or more months rent, the District may revoke this agreement forthwith and demand removal of all personal property within ten (10) days, or remove such property itself and charge AirTouch for the cost of removal. 11. Provide the . units ha+&ng z r&a:1 m upon execution of this agreement, as additional 6 consideration for this license. 12. (a) Waive all claims against the District and/or the City of Carlsbad for any damages to the personal property and equipment of AirTouch in, upon or about the Property and for injuries to any employees of AirTouch or their agents in or about the Property from any cause arising at any time, and AirTouch will hold the District and the City of Carlsbad exempt and harmless from any damage or injury to any person, or any property, arising from the use of the Property by AirTouch, or from the failure of AirTouch to keep the building in good condition and repair, as herein provided; (b) AirTouch's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the District and/or the City of Carlsbad, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. (cl AirTouch shall at its own expense, upon written request by the District and/or the City of Carlsbad, defend any such suit or action brought against the District and/or the City of Carlsbad, its officers, agents or employees. AirTouch's indemnification of the District and/or the City of Carlsbad shall not be limited by any prior or subsequent declaration by AirTouch. 13. Obtain and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise out of or in connection with this agreement, its agents, representatives, employers or 7 subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V" and shall meet the District's policy for insurance as stated in City Council Resolution No. 91-403. (a) AirTouch shall maintain the types of coverages and minimum limit indicated herein, unless a lower amount is approved by the General Counsel or Executive Manager: 1) Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately under this contract or the general aggregate shall be twice the required per occurrence limit. 2) Automobile Liability (for the use of an automobile by AirTouch employees or agents or subcontractors in conjunction with its use of the premises) $l,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3) Worker's Compensation and Employer's Liability. Worker's compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $l,OOO,OOO per accident for bodily injury. (b) AirTouch shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions: 8 1) The District and the City of Carlsbad shall be designated as an additional insured on all policies excluding Worker's Compensation. 2) AirTouch shall furnish certificates of insurance to the District before commencement of work. 3) AirTouch shall obtain occurrence coverage, which shall be written as claims-made coverage. 4) This insurance shall be in force during the life of the agreement and shall not be canceled without 30 days prior written notice to the District sent by certified mail. 5) If AirTouch fails to maintain any of the insurance-coverages required herein, then the District will have the option to revoke this license agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. AirTouch is responsible for any payments made by the District and/or the City of Carlsbad to obtain or maintain such insurance and the District and/or the City of Carlsbad may collect the same from AirTouch or deduct the amount paid from any sums due AirTouch under this agreement. 14. AirTouch and District agree that they will not use, generate, store or dispose of any Hazardous Material on, under, 'about or within the Property in violation of any law or regulation. "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the State of California to cause cancer and/or reproductive toxicity, and/or any substance, chemical 9 or waste which is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. In the event of a breach of this provision by. either party, the other may terminate this agreement forthwith and pursue any remedies to which it is entitled by law. 15. Licensee understands and acknowledges that this license granted herein is absolutely not assignable or transferable and any attempt to do so may result in a revocation of the license at the will of the District. LICENSOR'S OBLIGATIONS District agrees to do the following: 1. Allow the construction of a building and installation of antennas on the Property for use of AirTouch as approved in City of Carlsbad CUP No. 94-11 attached hereto as Exhibit "1". 2. Allow reasonable ingress and egress for AirTouch to the Property, including access any time in cases of emergency or equipment failure. . 3. Be responsible for its own equipment. 4. Grant any necessary temporary easement as required for extension of electric and telephone service to the site as specified in City of Carlsbad CUP 94-11. 5. Allow construction of power line facilities to the site from existing facilities on the reservoir site. 6. Permit AirTouch ingress and egress to the Property to conduct such surveys, structural strength analysis, subsurface boring tests and other activities of a similar nature as AirTouch 10 may deem necessary. All such activities shall be at the sole expense of AirTouch. AirTouch agrees to hold District and the Property free and harmless from any cost, claims and damages, actual or asserted, including costs of investigation and/or defense thereto connected in any way with said activities. 7. District and its agents and contractors shall have the right to enter the Premises upon forty-eight (48) hours advance notice to AirTouch, during reasonable business hours and when accompanied by personnel of AirTouch, for the purpose of making any necessary alterations or repairs as provided in this License Agreement. In the event of an emergency, the notice requirement will be waived. 8. All notices under this License Agreement shall be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, or via recognized overnight courier service, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice). All notices properly given as provided for in this section shall be deemed to be given on the date when sent. Should District or AirTouch have a change of address, the other party shall immediately be notified as provided in this section of such change. AIRTOUCH: DISTRICT: AirTouch Cellular Carlsbad Municipal Water District 5355 Mira Sorrento Place 5950 El Camino Real Suite 500 Carlsbad, CA 92008 San Diego, CA 92121 Att: Robert J. Greaney Att: Real Estate Dept. General Manager 11 with a copy to: AirTouch Cellular Office of the City Attorney P. 0. Box 19707 1200 Carlsbad Village.Drive Irvine, CA 92713-9704 Carlsbad, CA 92008 Att: Legal Dept. Att: Ronald R. Ball, Esq. The parties have executed this Agreement as of the date affixed after the signature of the party. Dated: Dated: 12/20/95 AIRTOUCH CARLSBAD MUNICIPAL WATER DISTRICT BY: I@kY J. HOBBS ROBERT J. Vice President and General General Manager " Manager of San Diego and Imperial Counties Dated: /; .’ .’ -,5 Dated: / - 7-5% 1 d Assistant Secretary Exekkive Manager Carlsbad Municipal Water District 12 DISTRICT PROPERTY cmm tm.: 194331-m ~prualof lardbeirga~ofF%d 402 ?arud~Ess. 10179, 3.lfsdin-m* of tke~caprty ~of%nDkg~,Stateof~,b2hqaprtknof ~3o,w%a?&iplzscuth,~3'zest,san~~~~, city of car-, saidczunty,said-, &sicsbdasfrn: CamrsrirgattteWcnrner ofLaestak%s&ads, mitEb* 2, Eiczdiq ~No.690!3,t'ilprTintbe~oftk~- ofszmi.&~% am-k3st-beirgapaintan~ sarthe2zterlyrfsfitofwapofQ-~&t2s -a~ sdd,s%q~~b.,690!5; U'xzx~MrZh 68'13'07" Bst, X536.70 feettoU~'Ikuemimof . . E&gmmJq; tixEa sdrtfi 68'01'10" E;ast, 99.51 feee: tixsxm Sara 51'54'40" East, MI,,03 feet; tk!rce zsurth 22'52'25" west, 191.85 feet: thcas suxth 57'l3'cn" west, 73.07 &se-t; ~~83'46'00" bist, 03.97 fet;-North22'm'u"triest, 5a.84fefztrtkm3 m 34.25'48" wst. ls3.cQ feet: - szrth 5za34'12" Ezst, lO.cQ iceet'to tsa Exhibit "A" . 9 1 .F c x w I L .I :I ‘I 1 ! i ; 1 ,..-..” -.- . _._. I.--- .M, . .I. Wi!~ ~~“~allliJja~il,gl$f@j~ Ilou-_ra!l_ln~-u~noqlo~ 0 i. ijq i !$ ; _ I f p $1 # $y; i I I$! !lf: I !! jilli; p! 1 I 1 $l if! $ji $1 ii EqJf$: ! j Ir Ii!! Iii ,-:~- I-ii ‘h* E :’ *:ii d;“‘i, [i!d $ ‘i;@ f iI I:-, r;i+ , ij pi: !Ir ?fLi iii:* ii! p2?* i 1 ii litr . . . . . . . ;i*it ISi hi I 4,. _ . . . - v- ‘, ,I ., . _ --.-- = .- m .= c, V- n *$ w i . . L ,,.,I.. . . I.. . . .,.. I,., n*.. I.,,“. . . WC ,. .,,..I. .I._. . ,..CO @c!nqp@~Qq3~@ Ilou.~all~n~.u~noqlo~ . ,$c=+$i 1 ( j j/> (0 \ '. ‘&-- ,:/ /,, a . : 2 f : . : : ., ? ! a 1.. i . . \ ?: : r r’. rr -: /$ = m = il :, ’ c, 5. SF DS n -7 2z X I-. w :> i. I.( . . . . ) j ,, ..i .: . . .:. -. ._ I : . . i :..*. ‘. .*.:.: .* ( . . . i . ., . . : ‘. . . . :. _...’ :. . .- :: : i'. ..: * "L',. . ., . ": . . . . ., ._ j .: i , <'.:":*"., .'. . . . $ ..: : :*' 'I',.. . . . Y ii'. . :;. ,. -.: :. ; . :: : . . . - -*.. '. . . ., . -.... ..I. :. -4.; ir p ?I .‘. i .?q: - 1 _.. &-- 1’ ’ 1: .,.... :“., -., x ii“ $J j;!j. . g :. i .._ I ‘. :I r, I 1 ;. J- i -. :, 1. 7. (I . . : ’ .; .I : l -.. _.i *.:, :: .I :. :. . . . - 1’ i‘ ,_ .- . r-2. ., . . ; ‘.- -rt ‘.‘,r,, :‘. _ ’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2.6 27 28 PLANNING COMMISSION RESOLUTION NO. 37% A RESOLUTION OF THE PLANNING COh4MISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A CELLULAR COMMUNICATION FACILITY ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ALGA ROAD BETWEEN EL FUERTE AND XANA WAY. CASE NAME: LA COSTA CELL SITE CASE NO: CUP 94-11 WHEREAS, a verified application has been filed with the City of Carl&ad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as provided by Chapter 2 1.42 of the Carl&ad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 15th day of March, 1995, hold a duly noticed public hearing to consider said application on property described as: A parcel of land being a portion of Parcel 4 of Parcel Map No. 10179,filedintheOfficeoftheCountyRecorderoftheCountyof San Diego, State of California, being a portion of Section 30, Township 12 South, Range 3 West, San Bemardino Meridian, in the City of Carl&u& County of San Diego, State of California. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered alI factors relatingtoCuP9411. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of CM&ad as follows: A) That the foregoing rezitations are true and cmect. B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP 94-11, based on the following findings and subject to the following conditions: . . . EXHIBIT "1"' 1 2 c b 4 c c c 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findin@: 1. 2. 3. 4. That the requested use is desirable for the development of the community as it will provide an additional level of service to the community, is essentially in harmony with the various elements and objectives of the general plan as the facility will help “provide for emergency response during and after catastrophic events” and will help “optinke the orgauizatiou and delivery of emergency services”, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; That the 1.53 acre site is adequate iu size and shape to locate tbe three hundred and sixty square foot communication facility building and antenna platform; That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. The existing landscaping is adequate to screen the facility from distant views; That the street system serving the proposed use is adequate to properly handle all traf’frc generated, for routine maintenance visits, by the proposed use. Conditions: 1. 2. 3. 4. 5. 6. Approval is granted for CUP 94-l 1, as shown on Exhibit(s) “A’ - “B’, dated March 15, 1995, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the site plan as approved by the Planning Commission. The sire plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the Planning Director and approved prior to building, grading, fina map, or improvement plan submittal, whichever occurs first. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. This Conditional Use Permit is granted for a period of 5 years. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial PC RE!30 NO. 3756 -2- 1 L . t i E E 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. . . . . negative affect on surrounding properties or the public health and welfare. lf the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental affect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it fmds that there are no substantial negative affects on surrounding land uses or the public’s health and welfare. If a substantial negative affect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. Prior to the issuance of the Conditional Use Permit Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director notifying all interested parties and successors in interest that the City of Carl&ad has itied a Conditional Use Petmit by Resolution No. 3756 on the real property owned by the de&rant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City’s final decision maker for the project has the authority to allow the developer to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause. The Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the conditional use permit application. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. No outdoor storage of material shall‘occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. In the event that similar telecommunication facilities wish to locate on the subject property in the future, Air Touch Cellular shall not object to the installation and operation of such facilities unless such facilities are technically incompatible with Air Touch Cellular’s facility. Additional telecommu.nication facilities must obtain separate City Permits (i.e. CUP) prior to locating at the subject site. PC FtESO NO. 3756 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . 27 28 12. Tbe antennas permitted by this Conditional Use Permit are thirty directional cellular antennas, six omni directional whip antennas not to exceed frfleen feet in length, four digital radio dish antennas not to exceed eight feet in diameter. 13. Any additional antennas shall require an amendment to the Conditional Use Permit. 14. A hold harmless agreement to the satisfaction of the City Attorney and Planning Director shall be submitted and approved prior to issuance of building permit. PASSED, APPROVED, AND ADOFI’ED at a regular meeting of the Planning Commission of the City of Carl&ad, California, held on the 15th day of March, 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Erwin, Monroy, Nielsen, Noble, and Savary. NOES: None. ABSENT: None. ABSTAIN: Gxnmissioner Compas. . KIM WELSHON& C&person CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H?%ZMI!&.ER PLANNING DIRECTOR PC RI30 NO. 3756 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - ’ PLANNING COMMISSION RESOLUTION NO. 3755 A.RESOLUTION OF THE PIANNIN G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A CELLULAR COMMUNICATION FACILITY ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ALGA ROAD BETWEEN EL FUERTE AND XANA WAY. CASE NAME: LA COSTA CELL SITE CASE NO: CUP 94-11 WHEREAS, the Planning Commission did on the 15th day of March, 1995, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examinin g the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Negative Declaration according to Exhibit “ND”, dated January 30, 1995, and ‘PII”, dated January 24, 1995, attached hereto and made a part hereof, based on the following findings: Findinesl: 1. 2. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. w The site has been previously graded and developed pursuant to an earlier environmental analysis. 3. The streets are adequate in size to handle traffic generated by the proposed project. 4. There are no sensitive resources located onsite or located so as to be significantly impacted by this project. EXHIBIT "A" :i q’ I . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 PASSED, APPROVED, AND ADOFI’ED at a regular meeting of the/ Planning Commission of the City of Carlsbad, California, held on the 15th day of March,; 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Erwin, Monroy, Nielsen,1 Noble, and SavaIy. ! NOES: None. ABSENT: None. ABSTAIN: Commissioner Compas. KIM WlkSHONS, Chairperson ATTEST CARLSBADPIANNIN G-COMMISSION MICHAEL kj/IOL PLANNING DIRECTOR I 5 I PC RJ30 NO. 3755 -2- NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Generally located on the south side of Alga Road between El Puerte Street and Zana Way. The project is located adjacent to the La Costa High Reservoir. Assessors parcel Number: 223XM-39 PROJECT DESCRIPTION: ckmstruction of a three hundred and sixty square foot cellular equipment building with adjacent forty feat cellular antenna system with up to thirty directional antennas, six cellular omni directional whip antennas and four digital radio dish antennas. The City of Carl&d has conducted an en vironmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of &l&ad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Deprtment, 2075 Las Palmas Drive, Carl&ad, California 92009. Comments from the public are invited. Please submit cmments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (619) 438-l 161, extension 4325. DATED: JANUARY 30.1995 CASE NO: cuP94-11 CASE NAME: LA COSTA CELL SITE . PUBLISH DATE: JANUARY 30.1995 MICHAEL J. i#OLZl@-ILLER Planning Director ,- 2075 Las Palmas Drive l Carlsbad. California 92009-l 576 - (619) 438-l 161 @ ONMENTAL IMPACT ASSESSMENT FOR&( - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CUF 94-l 1 DATE: Januarv 24. 1995 BACKGROUND 1. CASE NAME: LA COSTA CELL SITE 2. APPLICANT: AIRTOUCH CELLULAR 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5355 Mira Sorrento Place #500 (6 191-625-7656 4. DATE EIA FORM PART I SUBMITTED: October 14.1994 5. . PROJECT DESCRIPTION: Construction of a three hundred and srxtv sauare foot cellular eau’lxnent building with adiacent fortv foot cellular antenna svstem with ~0 thirtv directional cellular aniennas, . six cellular omni directional whit antennas and four ditital radio dish antennas o wobertv nenerallv located South of Alga Road and East of El Fuerte Street . nt to a site knok as the La Costa adrace High Reservoir. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact A ssesgnent to determine if a project may have a significant effect on the environment. The Environmental ImpactA ssessment appears in the following pages in the form of a checkI%. This checklist identifies any physical, biological and human factors that might be impacted by the propo& project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepred if the City perceives no substantial evidence that the project or any of itsaspectsmaycauseasignificanteffectontheen vironment. On the checklist, “NO” wilI be checked to indicate this determination. * AnEIRmustbepregatsdif~Citydeterminesthatthereissu~~evidencethatanyaspectoftheproject may cause a &nificar& effect on the environme nt. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed j&n.ifrcant. These fkdings are shown in the checklist under the headings ‘YES-sig” and “YES-insig’ mspcctively. A discussion of potential impacts and the proped mitigation meesuresappearsattheendoftheformunder DISCUSSION OF ENVIRONMENTAL EVALUATION. particular attention should be given to discussing mitigation for impacts which would otherwise be determined sign&ant. ‘.- . PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Result in unstable earth conditions or increas the exposure of people of property to geologic hazards? Appreciably change the topography or any unique physical features? Result in or be affected by erosion of soils either on or off the site? Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Result in substantial adverse effects on ambient air quality? Result in substantial changes in air movement, odor, moisture, or temperature? Substantially change the c-ours or flow of water (marine, fresh or flood waters)? Affect the quantity or quality of surface water, ground water or public water supply? Substantially increase usage of cause depletion ofTIny natural resources? use substantial amounts of fuel or energy? Alter a significant archeological, paleontological of historical site, structure or object? NO x x x x X x x x x x x -2- s ;I. BIOLOGICAL ENVIRONMENT . WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 12. 13. 14. 15. 16. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? Introduce new species of plants into an area, or a banier to the normal replenishment of existing species? Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local iUlpOftiilW? Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? Introduce new species of animals into an area,orresultinabaniertothe migration or movement of animals? HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECI’LY OR INDIRECTLY: 17. Alterthepresentorplannedlandwe ofanarea? 18. substantially afred public utilitim schools, police, fire, emergency or other public services? NO x x x x x NO X X -3- I . L’. HUMAN ENVIRONMENT . WILL THE PROPOSAL DIRECILY OR INDIRECTLY: 19. 20. 21. 22. 23. 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional tfaflic? 26. Affect existing parking facilities, or create a Large demand for new parking? 27. 28. 29. 30. 31. 32. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? Increase existing noise levels? Produce new light or glare? Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Impact existing WtsporQtion systems or alter present patterns of cimulation or movement of people and/or goods? Alter waterborne, rail or air traffic? Inmase~chazardstolnotor vehicles, bicyclists 01 pedes&~? Interfere with emergency response plans or emergency evacu&m plans? Obstructanyscenicvistaorcreatean aesthetically offensive public view? Affect the quality or quantity of existing nxreational oppormities? NO x x x x x x x x x x x x x x . . 8 MANilATORY . FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECl-LY OR INDmLY: 33. Does the project have the Fential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively umsiderabk? (‘Cumulatively con- siderable” means that the incremental effects of an individual prow are considerabk when viewed in connection withtheeffectsofpastpfojects,the effects of other current projects, and the effects of probebk future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indimxly? NO x x x x c s “‘DISCUSSION OF ENVIRONMENTAL EVALUATION The project involves constructing a three hundred and sixty square foot masonry cellular equipment building with an adjacent forty foot cellular antenna system. ‘Ihe antenna would support up to thirty directional antennas, six omni directional antennas and four digital radio antennas. A bulk of the antennas would be located at the forty foot level and the overall antenna height would be fifty feet. The site for the building and monopole has been previously disturbed by the grading and construction of an adjacent water reservoir. The area is currently covered with non- native grasses and ornamental trees. Based on field investigations by staff, the site was found not to contain any significant environmental resources and the project should have no significant adverse environmental impacts. . PHYSICAL ElWIRONMENT The proposed project would not have potentially significant impacts on the human environment. No grading is pqosed as part of the project. The site has been previously disturbed. There are no beach sands, rivers, or streambeds on the site. Adverse effects on the ambient air quality would be of small incremental nature for the building and antenna. Neither air movement or temperature would be effected by this project. The City’s cultural resource inventory reveals no significant examples of history or prehistory within the project area BIOLOGICAL EIWIRONME$4T The portion of the site to be developed has been previously disturbed and contains no native vegetation. The site does contain non-native grasses and ornamental trees including eucalyptus. Adjacent to the project is an existing water reservoir. The land surrounding the site is currently vacant. The General Plan designates the area for Residential Low, (RL) for low density residential development. The project presents no threat of introducing new species into a naturaI area. It also presents no threat to the migration/movement of native animals since the project is within the existing fenced area of the water reservoir. HUMAN ElWIRONMENT The project would not result in a significant increase in noise or glare. Being a remote site, there would not be any noise impacts. No risk of explosion is anticipated with the construction of the building or antenna. The project would not significantly alter the population density or create a demand for additional housing. The traffic generated for this project is insignifIcant at less than two trips per day. There is the potential for the monopole and antenna to be aesthetically offensive as it would be visible from the surnx&mg areas. ‘Ihe Conditional Use Permit has therefore been conditioned to require the painting of the monopole and antennas with a color to blend with the surroundings as best possible. Given the above mitigation, the projects’ possible impact to public views and scenic vistas is below a level of significance. IANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS; a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate use-s for the site, e) development at some future time rather than now, f) alternate sites for the pmposed project, and g) no project altemative. It has been detemined through this initial study that this project will not have any significant adverse impacts. Therefore an alternatives analysis is not warranted nor required. -7- i 1 I . i’ DETERMINATION (To Be Completed By The Planning Department) . On the basis of this initial evaluation: x I find the proposed project ‘COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a sign&ant effect on the environment, there will not be a sign&ant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. - I fmd the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. /-2y-rr Date Signat& LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM IIF APPLICABLE) _- c : APPLICANT CONCUR&NCE? WITH MITIGATING JbfEAS~ THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MJZASUIES AND CONCUR WITH THE ADDITION OF THJZSE MEASURE23 TO THE PROJECT. Date Signature VL:lh c . i I LA COSTA CELL SITE I CUP 1 EXHIBIT AIR TOUCH CELLULAR 94-l 1 ” B” - c I l 1) /---A AIRTOUCH'" Cellular mti @4& cLyyl% \+J+ ,oe EQUIPMENT BUILDING WITH MONOPOIX ‘I I1c ,,vu 1,,,111~ ,lbl I’.IC I cl Equipment Building Dimensions (12’ W x 30’ D x IO’ H) % K SO’ Monopole