HomeMy WebLinkAbout2016-06-14; Municipal Water District; 834; Adopt resolution authorizing execution of a license agreement with New Cingular Wireless PCS LLC to operate wireless communication facility at Twin D tank sitesItem 14; pg. 1
CARLSBAD MUNICIPAL WATER DISTRICT-AGENDA BILL
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AB# 834 ADOPTION OF A RESOLUTION AUTHORIZING THE DEPT. DIRECTOR .y·r~
DATE 6/14/16 EXECUTIVE DIRECTOR TO EXECUTE A LICENSE AGREEMENT GEN. COUNSEL ffs WITH NEW CINGULAR WIRELESS PCS, LLC TO OPERATE A
WIRELESS COMMUNICATION FACILITY AT THE TWIN D
DEPT. PW-GS TANK SITES {6640-6650 BLACK RAIL ROAD) EXEC. DIRECTOR \/r V
RECOMMENDED ACTION:
Adopt a Resolution authorizing the Executive Director to execute a License Agreement with New
Cingular Wireless PCS, LLC to operate a wireless communication facility at the Twin D tank sites (6640-
6650 Black Rail Road).
ITEM EXPLANATION:
Carlsbad Municipal Water District entered into a Lease Agreement in July 1985 to lease property located
at 6640-6650 Black Rail Road for the purpose of operating a cell tower. The original agreement's final
option expired May 31, 2015. In May 2015, city staff extended the license with Crown Castle GT
Company LLC to Nov. 30, 2015. On Nov. 17, 2015 the CMWD Board adopted Resolution No. 1536
authorizing a further extension on a month to month basis to allow time for the existing tower to be
decommissioned.
New Cingular Wireless PCS, LLC, commonly referred to as AT&T Wireless, currently houses its equipment
on the existing Crown Castle tower and obtained a Conditional Use Permit (CUP) in August 2015 to move
its equipment directly onto the existing water tanks at the site. Once their equipment is transitioned to
the water tanks, Crown Castle will begin the process of removing the existing monopole tower.
FISCAL IMPACT:
The district will receive monthly revenue according to the following rent schedule, in addition to a one-
time lump sum payment of $70,000 for construction mitigation:
DEPARTMENT CONTACT: Steve Hodges 760-434-2925 steve.hodges@carlsbadca.gov
FOR SECRETARY USE.
BOARD ACTION: APPROVED ~ CONTINUED TO DATE SPECIFIC D
DENIED CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER-SEE MINUTES D
AMENDED D REPORT RECEIVED D
Item 14; pg. 2
AT&T Twin D License Agreement
June 14, 2016
Page2 of2
Period. (Years)
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ENVIRONMENTAL IMPACT:
MinimuiTI Annuall~~nt ·•·
$45J68.80
$47,141.84
$48,556.08
$50,012.84
$51,513.20
$53,058.60
$54,650.32
$56,289.76
$57,978.48
$59,717.86
The proposed action is exempt from the California Environmental Quality Act (CEQA) per State CEQA
guidelines 15301 -Existing Facilities. Section 15301 exempts the leasing of property involving
negligible or no expansion of use beyond that existing at the time of the agency's determination.
EXHIBITS:
1. Resolution authorizing the Executive Director to execute a License Agreement with New Cingular
Wireless PCS, LLC to operate a wireless communication facility at the Twin D tank sites (6640-
6650 Black Rail Road).
2. Minor Conditional Use Permit (MCUP 15-09) obtained for the project.
3. Location site map identifying portion of premises to be leased.
Item 14; pg. 3
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RESOLUTION NO. 1549
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD), AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE A LICENSE AGREEMENT WITH
NEW CINGULAR WIRELESS PCS, LLC TO OPERATE A WIRELESS
COMMUNICATION FACILITY AT THE TWIN D TANK SITES (6640-
6650 BLACK RAIL ROAD)
WHEREAS, the City of Carlsbad entered into a License Agreement in July 1985 to lease
property at 6640-6650 Black Rail Road for the purpose of operating a cell tower; and
WHEREAS, the original License Agreement's final option expired May 31, 2015; and
WHEREAS, in May 2015, city staff extended the License Agreement with Crown Castle
GT Company LLC to Nov. 30, 2015; and
WHEREAS, on Nov. 17, 2015, the CMWD Board adopted Resolution No. 1536 authorizing
a further extension of the License Agreement with Crown Castle GT Company LLC on a month
to month basis; and
WHEREAS, city staff has negotiated a License Agreement with New Cingular Wireless
PCS, LLC, commonly referred to as AT&T Wireless, to attach its cellular equipment directly onto
the existing water tanks at the site; and
WHEREAS, New Cingular Wireless PCS, LLC obtained a Minor Conditional Use Permit
(MCUP 15-09) to locate its facilities on the water tanks on Aug. 11, 2015; and
WHEREAS, the existing monopole tower at the site will be removed upon completion of
the project; and
WHEREAS, CMWD will receive a one-time lump sum payment of $70,000 for
construction mitigation; and
Item 14; pg. 4
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WHEREAS, the License Agreement will generate $45,769 in revenue for CMWD over the
first year of the Agreement and will increase a minimum of 3 percent in January of each year.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of
the City of Carlsbad, California, as follows that:
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1. The above recitations are true and correct.
2. The Executive Director is hereby authorized to execute the License Agreement
with New Cingular Wireless PCS, LLC., which is attached hereto as Attachment A.
Item 14; pg. 5
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal
Water District of the City of Carlsbad on the 14th day of June 2016, by the following vote, to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
ATTEST:
Item 14; pg. 6
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
SD043 7 Encinitas (FA# 1 0086217)
Item 14; pg. 7
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 (1 0) 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
SD043 7 Encinitas (FA# 1 0086217)
2
Item 14; pg. 8
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 (1 0) 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
SD0437 Encinitas (FA# 10086217)
3
Item 14; pg. 9
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
SD04 3 7 Encinitas (FA# 1 0086217)
4
Item 14; pg. 10
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 HV AC 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
SD0437 Encinitas (FA# 1 0086217)
5
Item 14; pg. 11
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 umeasonably 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
SD04 3 7 Encinitas (FA# 1008621 7)
6
Item 14; pg. 12
application and/or negotiations by Licensee for any required certificate, permit, license,
temporary easement, fight 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 actiyities, 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
SD043 7 Encinitas (FA# 1 0086217)
7
Item 14; pg. 13
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 (ih) 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
SD043 7 Encinitas (FA# 1 0086217)
8
Item 14; pg. 14
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
SD043 7 Encinitas (FA# 1 0086217)
9
Item 14; pg. 15
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.
(f) 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
SD043 7 Encinitas (FA# 1 0086217)
10
Item 14; pg. 16
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
SD04 3 7 Encinitas (FA# 1008621 7)
11
Item 14; pg. 17
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
SD043 7 Encinitas (FA# 1 0086217)
12
Item 14; pg. 18
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
SD0437 Encinitas (FA# 10086217)
13
Item 14; pg. 19
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:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate
Administration
Re: Cell Site #SD0437, Encinitas, CA
Fixed Asset #: 10086217
575 Morosgo Drive NE
Atlanta, GA 30324
(Site: Poinsettia Twin D Water Tanks
SD0437 Encinitas)
LICENSOR:
Carlsbad Municipal Water District
405 Oak A venue
Carlsbad, CA 92008
Attn:
Title: Municipal Property Manager
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 prov1s1on 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
SD043 7 Encinitas (FA# 1 0086217)
14
Item 14; pg. 20
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 of the parties.
38. The above recitals are incorporated into this Agreement
3 9. All identified or referred to Exhibits are incorporated into this Agreement by
this reference.
[Signatures appear on next page]
Licensee S_ite Name: AT&T Twin "D" Tanks
SD043 7 Encinitas (FA# 1 0086217)
15
Item 14; pg. 21
IN WITNESS WHEREOF, Licensee and Licensor have executed this Agreement
effective the day and year first written below
LICENSEE:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
r--~,
" ) ti /
By: ___ ,~· ~C~-="=· ~----------------
Name:
Title: James Jansma
-------------------------Dir~ctor of C & E ... 1/!'l'' Date: ~·tJ ~~ I"'' ------~,-4------------
By: ---------------------------Name:
Title: -------------------------
Date: ----------------------
LICENSOR:
Carlsbad Municipal Water District
Date: _ ____:La~\_L_Cl S=----1;\~\~~--
ATTEST:
City Clerk.~&_~
Date: u) \S ll \..9
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.
Chairman,
President, or
Vice-
President
**Group B
Secretary,
Assistant Secretary,
CFOor
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 .
.Assistant/Deputy City Attorney
Licensee Site Name: AT&T Twin "D" Tanks
SD043 7 Encinitas (FA# 1 0086217)
16
Item 14; pg. 22
EXHIBIT A
LEGAL DESCRIPTION
Licensee Site Name: AT&T Twin "D" Tanks
SD043 7 Encinitas (FA# I 0086217)
17
Item 14; pg. 23
APN: 215-080-05-00
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of th.:: S<:nltlh~::si r of
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be at the SmJ:th !.JJlnrr:.,..r (;orne:r of said Secbon the.
North-S')n'Ji 0(::tter1ine Section 22 North <:"lB 155 1041. 3'1' reet t<1 the TRUE
P01N1' O.F S<;.uth 15fl"55'4i 1'Eas:i 25CL OD fef\t; UlmH:e St:>uth 0"04'13"
Nor:h 87"51 'OO''Wnst 235~ !iii fe.et to a in sald North·South
cerrtcr·li.ne ft:et,., :rr$-bt:\'1 or
L. L! accBs, >Y\Cl~'l". t:lr less.
~uecesst~Jr:t~> tin e~.tBt:tYt:1£:nt
1.7{) .re~xt. ~)f ~.h . .c~ £tbc~\re descrif'.ed
APN: 215-080-23-00
T?Hl<t t9r~'~=C'~:'1 %:k$ r .. t.or:tfi ~-.1w ot' tho 5:Cvt.~¥••t Pv-.rct•t t;;,! ·tn•
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rt*'*·:~, A&n ~-M•r·~than-~ 1-P(;-at•¢' i-~ thit t~ty er C4~1itbAC~
CtHJf"t oft .&$/?
····*"· t0"n1•&1'
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a; o~g tJ~--1-W o/-,V:}t"'t~-.;,~cvtM ~-•nt•r·'1 11"14 o1 *"' ~ ~ ,&,.<;:;, jc~·, ~o,;·vr-·-;17.
, ... : ~Q it p:rdrtt.. ''*·•<r;r:-•t•d •• P<¥~;'1t "*#-/~
t\¢/'"t@ :$)~;' 5--D;..:t.t> 't~~-~? 't.hfJ
$0W~0-•a: zo~~•k c1 •-.••, ~ --· ~ ,, '* '· -..-'¥'~ -:Tor:,;, r::t~·,; t:niF'::e-ii: Nor·ttt•r··,i' •1-t:r¥ -*'-*~
.1<!'(-::>t·t"n.,..·.~L:t.:.r~.r C$h%.=m r ~ ~ n• o1 S•<t 1 ¢::,""': :2 ~t'' tr-:• 7ti\J£ p-;:nr-:·
t::v::~JT.Z;N~ "·--·~E-8£Ykf,1}4 w ~ 1 ttHw:: .. P-:rr·t i-:,1-:"':: of :,n• ilt~Co,:,<(t ;'je~<~ri tre~
trq: \ct't..~" ·~; ~r· tntt ·.1c,·1t;-ol'{~r:'; :e:~:c:r~t-td 11r1;
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(:ikt ··4;"· f{\t-•t &.:< f••<:* f\'---<tH·• 1•••~ tc i
Item 14; pg. 24
EXHIBITB
CONDITIONAL USE PERMIT
(See Attached CUP-15-09/CDP 15-29)
Licensee Site Name: AT&T Twin "D" Tanks
SD043 7 Encinitas (FA# 1 0086217)
18
Item 14; pg. 25
August 11, 2015
Tim Henion
1264 Basswood Avenue
Carlsbad,CA 92008
City of
Carlsbad
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, publi<: 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 Developrnent
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4660 !760-602-8560 f 1 www.carlsbadca.gov
Item 14; pg. 26
MCUP 15-09 -AT&T BLACK RAIL ROAD
August 11, 2015
2. That the requested use is not detrirnental 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.l.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-l (One Family Residential Zone)
zoning or RLM (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 taU 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 aH future building permits; denyj revoke1 or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
Item 14; pg. 27
MCU P 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 atlsing, 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 ln
effect at the time of building perrnit 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 tn 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, modlfy 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
Item 14; pg. 28
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 aH 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 stonnwater 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) shalt be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
Item 14; pg. 29
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. lf 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,
DON NEU I 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
Item 14; pg. 30
EXHIBITC
DESCRIPTION OF "PREMISES"
(See attached Site Plan pages Al-A5)
Item 14; pg. 31
EXHIBITD
DESCRIPTION OF EQUIPMENT"
(See attached Site Plan page D-1)
Item 14; pg. 32
LEGAL DESCRIPTION
CITYCARLSBADSECfTWNIRNGIMERSECnTV'M12RNG04WSEC
.12-11-4WSEQ'(EX ST)DOG5B-t16507IN SWQ OF CrtyiMunorr~ CARLSBAD
APPUCANT ADDRESS
ZDNINGJURISDICTlON
ZONINGCLASSIFicAnoN
500437 -L TE 3C RELO
USID: 13844
FA LOCATION: 10086217 at&t
Your world. Delivered. BLACK RAIL ROAD
VICINITY MAP
DRIVING DIRECTIONS
t. HEADSOLITKVI'ESTDNPACIFICCENTERBLVDTOWARDMcKELLARCT
TURNRIGHTONTOLUSKBLVD
TURNLEFTONTOSORFiENTOPKWY
5, MERGEONTOI-SN
0. TAKETHEPOINSETTIALNEXIT
7, TURNRIGHTONTOPOINSETTIALN
TURNRIGHTONTOAVIARAPIWI'\'
S, TURNLEFTOI<TI.lBLACKRAILRD
10. OESTINATIONWILLBEONTHELEFT
11. AGGE.SSSfTETHROUGHLOCKEDCHAINUNKGATE
·~· ::S
6510 BLACK RAIL ROAD
CARLSBAD, CA 92009
DO NOT SCALE
DRAWINGS
SHEET NO:
ZONING DRAWING
IFUS!NG11'"X1TPLOT DRAWINGSWlLLBEHALFSCALE
DRAWING INDEX
SHEET TITLE
at&t
Mobility
)eprattinp
13948 CALLE BUENO GANAR JAMUl, CA 91935
l<i! l'y/ ('{''r(;J'J:c,~.
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ENGINEERS
1387 CALLE AVANZADO
SAN CLEMENTE, CA92673
(619)997-4012
IT IS A VIOLATION OF I.AW FORAN( PERSON, UNLESS EY ARE ACllOO UND£R THE DI~.I::Cll0N Or A UCENSE PROF'£SSIONAI.£NGIN<:tR,TOA!.T£RTHJS00CUidENT.
SD0437-LTE 3C
BLACK RAIL ROAD
651 0 BLACK RAIL RD
CARLSBAD, CA 92009
WATER TANK
SHEEr TITLE
TITLE SHEET
SHEET NUMBER
T-1
Item 14; pg. 33
2. NDEXISTINGPARKINGSTALLSAREBEINGADDEDOR REMOVEOASPARTDFTHEPRDPDSED)NSTALLATION
SITE PLAN
RESI6~NTIAL
: RESI6~TIAL I
I I
~~ o:= all '"""' u>-~i~ """'
1:#1
c', ,;t. I ...II ... ,
~· ::-::· U1 :3 al,
LOCATION OF PROPOSED ' AT11TANT8JNAAREA A-3 1
(E)VER!ZOI-IANTENNAS
PROPERlY LINE
FRO'ITYARDSETBACK
~
'" RESIDENTIAL
(E) FENCE LINE
§:'
&I ~:,
"I
RESIJ~TIAL RESIJ~NTIAL
(E)VERIZONANTENNAS
l APN:215-08(1...(]5&2JI
RESIJ~AL
"' RESIDENTIAL
-~.
at&t
Mobility
)eprattinp
13946 CAU.E BUENO GANAR
JAMUL, CA 91935
l~j f*J
!0'"1 ~~] ~"''.
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ENGINEERS
1367 CALLE AVANZADO
SAN CLEMENTE. CA 92673
(619)997-4012
1 06/17/2015 1Dm:ZD'SRfVISED-JXCOIIUOOS
0 05/01/2015 IOOlCZO'SFORSUBUrtTAL
A G4/2J/2015 901 ZD'S FOR RtVlW
REV DATE DESCRIPTION
500437-LTE 3C
BLACK RAIL ROAD
651 0 BLACK RAIL RD
CARLSBAD, CA 92009
WATER TANK
SHEET TITLE
SITE PLAN
SHEET NUMBER
A-1
Item 14; pg. 34
EXISTING EQUIPMENT LAYOUT
(E) ElECTRICAL METER
(E) GENERATOR ROOM
ACCESS DOOR
(E,GENERATOR
(E) AT&T TElco BACKBOARD
1
1' 1
I ,
(E)AT&TEQUIPMENTLEASEAREA
(E)HVACCDNTRDLPANEl
(E)AH'.T24''DATARACK'MTH elENA BOX ATTACHED
IE) AT&T EQUIPMENT BUILDING
IE!19"ATii.TFIFRAC.K
WITHLTEEGUIPMENT
(EJGPSANTENNA (1) OF(~). TYP.
IEJIC.EBRIOGE
IE) CABLE ROUTE
-~
at&t
Mobility
)eprattin~.J
13946 CAlLE BUENO GANAR JAMUL, CA 91935
m·;squared
ENGINEERS
1367 CALLE AVANZAOO
SAN CLEMENTE, CA 92673
(619)997-4012
1 06/11/2015 100)P;ZO'SREVISEO-JXCDMUENTS
0 05/01/2015 lOO)P;ZO'SFDRSUBMITTAL
A 04/23/2015 91))P;ZO'SfORIIEVIE'II
DESCRIPTION
SD0437-LTE 3C
BLACK RAIL ROAD
651 0 BLACK RAIL RD
CARLSBAD, CA 92009
WATER TANK
SHEEr TITLE
EQUIPMENT LAYOUTS
SHEET NUMBER
A-2 .•. ,
1 ~·------------~
Item 14; pg. 35
NEW OPTIMAL ANTENNA AND TRANSMISSION
CABLES REQUIREMENT (VERIFY WITH CURRENT RFDS)
COMMSCOPE
SBNHH-10~~C
COMMSCOPE SBNHH-1065C
COMMSCOI'E SBNHH-10B5C
COMMSCOPE SBNHH-1065C
COMMSCOPE
SBNHH-106~C
COMMSCOPE SBNHH-10GSC
COMMSCOPE
SBNHH-100SC
COMMSCOPE SBNHH-1005C
COMMSCOPE SBNHH-1065C
COMMSCOPE SBNHH-1DOSC
COMMSCOPE SBNHH-1P05C
COMMSCOPE 5BNHH-1DG5C
COMMSCOPE
SBNHH-10SSC
COMMSCOPE SBNHK-1PGSC
COMMSCOPE SBNHH-10SSC
COMMSCOPE SBNHH-1DSOC
EXISTING ANTENNA LAYOUT
{tJ)COAX
{M)COAX
{N)COAX
{N)COAX
(N)F\BER
(N)FlBER
(N)C..OAX
(N)COAX
(N)FlBER
IN) FISER
(N)l..OAX
(N)FIBER
PROPOSEOAT&TCABLETRA'ISECUREDWITH
MAONETIGMOUNTS@EACHSECTOR
PRDPOSEDAT&TIAAGNETICANTENNA
MOUNTINGKITS{TYP.4PERANTENNA)
(E)WATERTANKPIPE
PROPOSEDAT&TDC-6"FLAT"SURGE
SUPPRESSIONUN!T,T'IP.OFj4) MOUNTED!NSIDENEWCABLETRAY
SECUREOWITHMAGNET!CMOUNTS
PROI'OSEDAT&TTWINTMA MOUNTED INSIDE 1 NEWCABLETRAYSEGUREOW!THMAGNETIC >
MOUNTS,j2)PERSECTOR,(6)TOTAL D-l
().2''
PROPOSEDAT&TFRPENC:LOSURE.APROX. 1S'..S'W~1S'-3"H~3'-1J"D,ATTACHEDUSINGMAGNET!C
STANDOFF MOUNTS. PAINTED TO rMTCH (E) WATER
TANKCOLOR;1PERSECTOR.4TOTAL
(E) WATER TANK HANDRAIL
P!WPOSEOAT&T8'.0"PANELANTENNA 4 5"
TORE?LACEEXlSTINOMOUNTEDON(N) '0-1 I MAGNETICMDUNTINGKIT,(4)LTE
ANTENNAPERSECTOR,(16)TOTAL
(E)'D-2"RESERVDIR
WATER TANK
(NjANTENNASTANDOFFBRACKET
RE!'OSITIONEXISTINGOMN!ANTENNA ~~g~~;:s PER WATER FACILITIES
PROPOSEDAT&TRRU'SJ2MDUNTEODN
(N)MAGNETICMOUNTKIT BELOW
ANTENNA;(1)PERSECTOR.(4)TOTAL
--:.
at&t
Mobility
)eprattin~-5
13948 CAlLE BUENO GANm JAMUL, CA 91935
m.squared
ENGINEERS
1387 CALLE AVANZADO
SAN CLEMENTE, CA 92673
(619)997·4012
1 00/17/2015 IOOXZO'SREVISEO-JXCOWUENJS
0 05/01/2015 100% ZD'S FOR SUBUITTAL
A 04/23/2015 90l10's FOR R£VIEW
REV DATE DESCRIPTION
SD0437 LTE 3C
BLACK RAIL ROAD
651 0 BLACK RAIL RD
CARLSBAD, CA 92009
WATER TANK
SHEET TITLE
ANTENNA LAYOUTS
SHEET NUMBER
A-3
Item 14; pg. 36
TOF'OF(E)WATERTANK ±62'-9"A.G.L
(E) RESERVOIR WATER TANK
TDPOfE;)QSTINCi!roPROPOSEOAT&TANTENNAS ±52'-fO"A.G.L. -
' 'o.-1''
PROPOSEOAUTRRU'S12W/A2 1 , EXPANSION MODULE MOUNTED ON (NJP!PE8ELOWANTENNA;(3)PER
SECTOR,(12)TOTAL
NORTH ELEVATION
TOPOF(E)WATERTANK
±tl2'..\!"A.Gl
TOPOFPROPOSEOATI!.TANTENNAS
±52"-iO"A,G.L,
PROPOSEOAT&TANTENNARADCENTER ±4B'-10"A.G.l.
EAST ELEVATION
> ~·
(E) RESERVOIR WATER TANK
(E)WATERTANKPIPE
(E) SURGE TANK
(E)RESS<VOIRWATERTNIK
PROPOSEDB".<J'"AT&TPANELANTENNAS 5 , MOUNTEOON(N)PJPE;(4)PERSECTOR, (1Ei)TOTAL
iElVER!ZONPANELANTENNAS
', : ~=:~;-~:~; i
PROPOSEOATI!.TFRPENCLOSURE,
ATIACHEOUSINGMAGNETICSTANOOFF MOUNTS,PAINTEOTOMATCH(E)WATER
TANK coLoR; 1 PER secroR,t T~TAL
8 PROPOSEDAT&TRRU"S32MOUNTED
, [).j , ~~~~)~~;:.~:~g::LTENNA; (1)
{E) MONOPOLE TO BE REMOVED
(E) RESERVOIR WATER TANK
{E)AT&TEOUIPMENTsHaTER
(E) MONOPOlE TO BE REMOVED
(E)AT&TEOUIPMENTSHEL.TER
PROFOSEDAT&TDC-6""FLAT"SURGE SUPPRESSORCONCEALEDW!TH!NPROPOSEO • CABLETRAY;(1)PERSECTOR,(4)TOTAL
PROPOSEDAT&.TTMACONCEALED 1 WITHlNFRDPOSEDCABLETRAY;(2) PE!<SECTOR,(SJTOTAL
(E)VERIZONPANELANTENNAS
.........••
-~--7···
I I . • I I I I I I
2
at&t
Mobility
)eprattinp
1:3948 CAll.E BUOIO GAN-t.R JAUUL.CI\91935
m'.squared
ENGINEERS
1367 CALLE AVANZADO SAN CLEMENTE. CA 92673
(619)997-4012
1 06/17/2015 10DXZD'SREVJSEn-JXCDMI.IENIS
0 05/01/2015 100li:ZD'SF"DRSUBWTTN..
A G4/23/2015 90!1; ZD'S FOR R£\llEW
IT IS A VIOLATION OF U.W FtlR Am PERSON, UNU:SS HEYAAEACTlNGUNDERlHEOIRECTIO)IOFAUCENS FROFESSIOI<W. EHUIN!XR, lO IIL"!ER1HIS OOI.:U~OO.
500437-LTE 3C
BLACK RAIL ROAD
651 0 BLACK RAIL RD
CARLSBAD, CA 92009
WATER TANK
SHEET TITLE
ELEVATIONS
SHEET NUMBER
A-4
Item 14; pg. 37
l.d._ TOPOF(E)WATERTANK ~ ~4S'-10.1\.C.L
(E)VERIZOt!ANTENNAS
l.d...__ TOPDFEXISTING&.PROPOSEDAT&TANTENNAS IY ±40'-4"A.G.l.
lA_ PROPOSEDAT&TANTENNARADCENTER IY .t3o'-4"A.G.L.
(E)AT&TMONOPOLETOEEREMOVED
(E) RESERVOIR WATER TANK
PROPOSEOB'-Il"AT&TPANEL 4 5
_ 14' ' ~~~~~~05 ~g~~}~~;~~/~~ D-1 I D-1 ~.---,L-16.~DTAL
~I ·[,·.lee FR,P ENcLSOsf"'•.r -. ~~~=g~~c~~~F~=:~;~~~~~~DDFF :-rnJf~ . I MOUNTS,PAINTEDTOMATCH{E)WATER j : , :ll :ll ;y ~ : "-' TANK COLOR; 1 PER SECTOR,4 TOTAL
: ; m Jl ·1 • i • ~~ PROPDSEOAT&TRRU'S12WIA21 < :. I ; ~ B ~: 1 : gi ~~~sJ~~~~g~~~~~u~~~~N 0.1 •[ ' I Iii Ill 1!1 Iii I I '"'"'"I' I""'""' 1"1 r·-, ~ *J.. · ::::~SEDATIHRRU's11MOUNTED
PROPOSED(:.!)TMA'SPERSECTO 1
@PROPOSEOATII.TRRU'S32MOUNTED ON(N)MAGNETICMDUNTKITBELDW
ANTENNA;{1)PERSECTOR,(J)TOTI\L
I
ON (N) MAGNETIC MOUNT KIT BELOW (3\ I, ANTENNA;(4)PERSECTOR,(IG)TOTAL \..::;)
~~~~~~'Z~RH~~6;R(~r~::o Q.1 ; I SECTOR,(B)TOTAL
SOUTH ELEVATION
....d._TOPOF(E)WA.TERTANK
YH5'-10"A.G.l
.. rl.. TOPOFPROPDSEDAT&TANTENt..IAS y±4o'-4"A.O.L.
....d._PROPOSEOAT&TANTENNARADCENTER Y±3G'-4"A,G.L.
....d.E_ROUNDLEVEL
~-<l"AGL
WEST ELEVATION
r1
II PROPOSEDAT&TDC-G"FLA:"Gj I I :1 SURGESUPPRESSOR 7' , r ' I ~~~~~~~.~~~~~RAY; (1) O-\ ' I I
i:
[II
I ,
I :: i····••ll········+ti
I ' I I I I , I I I I I
I ' I I I I :/ ~ :: ~-,i~7iF7"'~ --~~
I
(E) PUMP STATION BLDG
rEJ ATI>TMONOPOLETO BEREMGVED
(E) RESERVOIR WATER rANK
I
IEii'ERIZONANTENNAS
I
I
L
(E)RESERVDIRWATERTANK
[ I \ II~ 1~
i I
: ~------··~l·~ .. -~ ,I 11
I PROPOSEOAT&TRRU'S12WIA2 @ <
EXPANSIONMOOULEMOLINTEDON(N) Dl '!)..''I MAGNETIC MOUNT l<lT BELOW • -ANTENNA;(1)PERSECTOR,(3)TOTAL
0 1
-~-~-~---12
·, at&t
Mobility
)eprattin~,#j"
13946 CAU..E BUENO !WAA JAMUL, CA 91935
m".squared
ENGINEERS
1367 CALLE AVANZADO
SAN CLEMENTE. CA 92673
(619)997-4012
• r PROJECT NO: 100862171
. I DRAWN BY: MP I
• l CHECKED BY: JM I
' 06/17/2015 10DXZD'SRMSED-JXCO!olt.1ENTS
0
'
J
[
05/01/2015 10~ZO'SfORSI.JBt.11ITAL
34/23/2015 90"Zl)'SfORREVIEW
SD0437-LTE 3C
BLACK RAIL ROAD
651 0 BLACK RAIL RD
CARLSBAD, CA 92009
WATER TANK
SHEET TITLE
ELEVATIONS
SHEEr NUMBER
A-5
1
Item 14; pg. 38
,..,.--------] ~] [I !]
I
/o
I
e e
DC-6 "FLAT" SURGE SUPPRESSOR
ERICSSONRRUSA2
DIMENSIONS (H<W<D) ~""'"" '""'"OCCD)
RRUS 11DR12
r
I.
PIPE CLAMP MOUNTING BRACKET
RRUS + RRUS-A2 MTG. @ STD. PIPE MOUNT
! FRONT OF ANTENNA
BOTTOM VIEW (COHNECTIONS) SIDE VIEW
8 8' HEXPORT PANEL ANTENNA 5 ERICSSION RRUS 11
ERICSSONRRHREMOTERADIDUNIT
SIDE VIEW
7 ERICSSION RRUS 12
6 NEW ANTENNA MOUNTING DETAIL 4 COMMSCOPE DIPLEXER
il
! I
FRONT VIEW
r
FRONT VIEW
MFR'SSTANDARD MOUNTINGBRAC.KETS
P1000Ur>IISTRUTAS ALTERNATE ATTACHMENT
TOP VIEW
MFR'SSTANDARO MOUNTING BRACKETS
P1000UNISTRLITAS
ALTERNATE ATTACHMENT
MFR'SSTANDARD MOUNTING BRACKETS
P1W!JUN!STRUTAS ALTERNATE ATTACHMENT
II II "' 2
at&t
Mobility
)eprattinV
13948 CALLE BUENO GANAR JAMUL. CA 91935
m'.squared
ENGINEERS
1387 CALLEAVANZADO SAN CLEMENTE. CA 92673
(619)997"4012
1 06/17/2015 100X Zll'S REVISED-JI( COIIJ.IOOS
0 05/01/201~ 100X ZD'S FOR SUBIIITTAL
A ~/23/2015 BO:r.:ZD'SfORREVIEW
DESCRIPTlON
SD0437-LTE 3C
BLACK RAIL ROAD
651 0 BLACK RAIL RD
CARLSBAD, CA 92009
WATER TANK
SHEET lTTLE
DETAILS
Item 14; pg. 39
EXHIBITE
CELL SITE HARD/SOFT KEY ACCESS REQUEST FORM
Licensee Site Name: AT&T Twin "D" Tanks
SD043 7 Encinitas (FA# 1 0086217)
(See Attached)
21
Item 14; pg. 40
CELL SITE ACCESS HARD/SOFT KEY
REQUEST FORM
Contractor
_ Vendor/Supplier
LAST NAME:
DRIVER LICENSE #:
WORK PHONE:
PAGER:
REASON FOR ACCESS:
Company Name
Company Phone#
Sub-Contractor for
**PLEASE PRINT
CLEARLY**
FIRST NAME:
EMPLOYEE ID#
STATE:
MOBILE PHONE:
ALTERNATE NUMBER:
**PLEASE READ AND SIGN BELOW**
at&t
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 PRINT AT&T Manager/Director DATE
Item 14; pg. 41
August 11, 2015
Tim Henion
1264 Basswood Avenue
Carlsbad, CA 92008
~Cicyof
Carlsbad
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 !1635 Faraday Avenue Carlsbad, CA 92008·7314!760-602-4660 !760-602-8560 f I www.carlsbadca.gov
Item 14; pg. 42
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.l.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 (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 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 aft future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
Item 14; pg. 43
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
Item 14; pg. 44
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.
Item 14; pg. 45
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,
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
Item 14; pg. 46
LOCATION MAP
New Cingu/ar Wireless WCF License
Path: D:\Public Works\TwinDTanks_mxd
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