HomeMy WebLinkAbout2016-10-25; Municipal Water District; ; Adoption of resolution authorizing the executive director to execute a license agreement with Verizon Wireless LLC to operate a wireless communication facility at Twin D Tank SiteMeeting Date
To:
From:
Staff Contact:
Subject
October 25, 2016
President and Board Members V
Kevin Crawford, Executive Manage\V
Curtis M. Jackson, Real Estate Manager
Curtis.jackson@carlsbadca.gov or 760-434-2836
CA Review tfs
Adoption of Resolution Authorizing the Executive Director to Execute a
License Agreement With Verizon Wireless LLC to Operate a Wireless
Communication Facility at the Twin D Tank Site (6640-6650 Black Rail
Road)
Recommended Action
Adopt a resolution authorizing the Executive Director to execute a license agreement with
Verizon Wireless, LLC to operate a wireless communication facility at the Twin D watertank site
(6640-6650 Black Rail Road).
Executive Summary
Verizon Wireless, LLC ("Verizon") is licensed by the Federal Communications Commission to
provide personal communications services. Verizon desires to install, maintain and operate a
wireless telecommunications facility on the city's Twin D tank site for a period of ten (10) years.
Discussion
Verizon has been working with the city for a few years to identify a suitable location for their
cellular equipment. The city suggested locating Verizon's facilities on the city's water tanks at the
Twin D site located at 6640-6650 Black Rail Road (Exhibit 2). Verizon was agreeable, as it believes
the additional cell site will improve the service Verizon offers, which would benefit the general
population and visitors of the city of Carlsbad.
Verizon obtained a Minor Conditional Use Permit (MCUP) in July 2015 to move its equipment
directly onto the existing water tanks at the Twin D water tank site. The city currently has a similar
cell site agreement with Cingular Wireless on the same water tanks.
Item #9 October 25, 2016 1 of 40
Fiscal Analysis
The district will receive annual revenue (increasing 3% per year) according to the following rent
schedule in addition to a one-time lump sum payment of $70,000 for construction mitigation:
Period (Years) Minimum Annual Rent
1 $44,871
2 $46,217
3 $47,604
4 $49,032
5 $50,503
6 $52,018
7 $53,578
8 $55,186
9 $56,841
10 $58,546
The city anticipates the total minimum revenue generated from the Agreement to be $514,396
over ten years.
Next Steps
Once the License Agreement is approved, Verizon will obtain any necessary construction permits
and commence installing its equipment.
Environmental Evaluation (CEQA)
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 Verizon
Wireless, LLC to operate a wireless communication facility at the Twin D tank sites (6640-
6650 Black Rail Road).
2. Location site map identifying portion of premises to be leased.
Item #9 October 25, 2016 2 of 40
RESOLUTION NO. 1556
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL
WATER DISTRICT (CMWD), AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE A LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC TO
OPERATE A WIRELESS COMMUNICATION FACILITY AT THE TWIN D TANK
SITE (6640-6650 BLACK RAIL ROAD)
Exhibit 1
WHEREAS, city staff has negotiated a license agreement with New Verizon Wireless, LLC, to
attach its cellular equipment directly onto the existing water tanks at 6640-6650 Black Rail Road; and
WHEREAS, Verizon Wireless, LLC obtained a Minor Conditional Use Permit (M-CUP 15-07) to
locate its facilities on the Twin D water tanks on August 10, 2015; and
WHEREAS, CMWD will receive a one-time lump sum payment of $70,000 for construction
mitigation; and
WHEREAS, the License Agreement will generate $44,871 in revenue for CMWD over the first year
of the agreement and will increase a minimum of 3% 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:
1. The above recitations are true and correct.
2. The Executive Director is hereby authorized to execute the License Agreement with
Verizon Wireless, LLC., which is attached hereto as Attachment A.
WIRELESS TELECOMMUNICATIONS FACILITY
CARLSBAD MUNICIPAL WATER DISTRICT
LICENSE AGREEMENT
A
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 Verizon Wireless (VA W) LLC, d/b/a Verizon Wireless ("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.
M-CUP 15-07/CDP 15-22 (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
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
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 1
Item #9 October 25, 2016 5 of 40
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 the date of issuance of a building permit by the governmental agency charged
with issuing such permits ("Commencement Date") and shall, subject to 2(b) below, be for
ten (10) years ("Initial Term").
(b) If the Exhibit "B" Conditional Use Permit expires before the date that is ten (10)
years from the Commencement Date, the Initial Term shall expire on the same date as the
expiration of Exhibit "B" Conditional Use Permit. This Agreement may be extended for an
additional period equal to the term for which the Licensee seeks to extend the corresponding
Exhibit "B" Conditional Use Permit so long as Licensee applies for and obtains an extension
to the corresponding Exhibit "B" Conditional Use Permit before Exhibit "B" Conditional
Use Permit expires.
( c) If Licensee fails to obtain a valid extension to the term of Exhibit "B"
Conditional Use Permit before it expires, this Agreement and the License granted
thereunder shall be automatically terminated, and Licensee shall immediately cease its
operation and use of the Property and Premises. Licensee shall have ninety (90) days
following the expiration or earlier termination of this Agreement to return the Premises to
Licensor in the same or like conditions that existed before Licensee occupied the Property
and Premises, reasonable wear and tear and casualty damage excepted ("Return Period").
Licensee shall pay the monthly License Fee in effect for the last month of the then current
term during Return 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
subsection (d) "diligently pursuing" shall mean Licensee's application for renewal of the
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
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 2
Item #9 October 25, 2016 6 of 40
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
issuance of a building permit.
(c) If any monthly License Fee payment is not received by Licensor by the fifth
(5th) day of the month in which it is due, the fee payment shall be deemed delinquent and
ten percent (10%) interest shall accrue on the unpaid amount. Notwithstanding the
foregoing, Licensee shall not be in default hereunder unless any License Fee or other
payment due hereunder is not brought current within ten (10) days after Licensee's receipt of
notice of such late payment. If Licensee is delinquent for two (2) or more months in any
twelve (12) month period, Licensor may immediately terminate this Agreement and demand
removal of Licensee's wireless telecommunication facility and equipment, including,
without limitation any specially installed or ancillary equipment required by Licensee for its
wireless telecommunication facility from the Premises and Property within ten (10) business
days, or if such equipment is not removed within such ten (10) business day period,
Licensor may remove the facility and all equipment associated with Licensee's wireless
telecommunication facility itself and charge Licensee for the actual cost of removal and
storage reasonably incurred by Licensor.
4. Relationship of License and Exhibit B Conditional Use Permit. (a) The granting
of the License under the Agreement is contingent upon the (i) the initial granting of the
Exhibit "B" Conditional Use Permit or (ii) the subsequent granting of any extension of
Exhibit "B" Conditional Use Permit and (iii) the continuing validity of Exhibit "B"
Conditional Use Permit. This Agreement shall automatically terminate upon the expiration
or revocation of Exhibit "B" Conditional Use Permit, except as provided in Paragraph 2(c)
above. The modification or extension of Exhibit "B" Conditional Use Permit does not
obligate the Licensor to modify or extend this Agreement nor does the continuing validity of
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 wireless transmission equipment (the "Antenna Facility") in compliance with
Exhibit "B" Conditional Use Permit for Licensee's Permitted Uses described in Section l(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.
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 3
Item #9 October 25, 2016 7 of 40
( 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 15-07/CDP 15-22. 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 inte:nded 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
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.
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 4
Item #9 October 25, 2016 8 of 40
(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
Paragraph 29(b) below with respect to a future use of the Premises by Licensee as described
in this Paragraph 8(d).
9. Licensee is fully responsible for Licensee's Antenna Facility installed on the
Premises by Licensee, including providing fire, theft, and extended coverage insurance.
10. Licensee is required to comply with all-applicable federal state and local laws,
including FCC regulations, City of Carlsbad City Council Policy No. 64, and related City of
Carlsbad Municipal and Zoning Code provisions, as amended from time to time.
11. (a) Licensee is required to secure all necessary permits or conditional use
permits from any governmental agency to install Licensee's Antenna Facility on the
Premises. Licensee may substitute, modify and/or add to its Antenna Facility located on the
Premises from time to time, provided that Licensee first obtains any and all required
governmental approvals for such substitution, modification and/or addition and the written
approval of Licensor, which approval shall not be unreasonably denied, delayed or
conditioned. Notwithstanding the foregoing, Licensee shall be entitled to perform without
Licensor's consent, equipment repairs or replacements with equipment of a "like kind" or
substantially similar in nature. Licensor reserves the right to increase the License Fee if the
Licensor determines that the substitutions, modifications, or additions materially alter the
scope of the License. In addition, any change to Licensee's approved antennae type, number
of antennas, antenna location and/or changes in transmitter type and power output shall, at
the sole expense of Licensee, be made in accordance with applicable regulations issued by
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 5
Item #9 October 25, 2016 9 of 40
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
application and/or negotiations by Licensee for any required certificate, permit, license,
temporary easement, right of entry, approval, policy of title insurance, or agreement is
finally denied, rejected and/or terminated, (ii) any such certificate, permit, license,
temporary easement, right of entry, approval or agreement is canceled, or expires, or lapses
or is otherwise withdrawn or terminated, (iii) any Hazardous Materials ( as defined in
Paragraph 18 below) are discovered or otherwise become located on the Property or the
Premises, other than as a direct result of Licensee's activities, or (iv) due to technological
changes or business changes, Licensee determines that it is no longer practical to use the
Premises for Licensee's intended purposes, then Licensee shall have the right to terminate
this Agreement, which termination shall be effective no sooner than one hundred eighty
(180) days from delivery of written notice from Licensee to Licensor, provided Licensee has
removed all of its personal property, fixtures, electrical meters, and equipment from the
Premises and Property by that time.
12. Licensee is responsible for all utilities and any property taxes imposed as a
result of the use of the Property by Licensee. Licensee specifically acknowledges that the
grant of the License may subject Licensee to certain taxes under California Revenue and
Taxation Code section 107.6 and agrees it is solely responsible for the payment of these
taxes.
13. (a) Licensee shall, at Licensee's sole expense and within one hundred eighty
(180) days after Licensee's receipt of written notice ("Notice Period") from Licensor to
protect, temporarily disconnect, relocate, modify or remove ( collectively, "Relocate") its
Antenna Facility, Communication Equipment, Building, and/or other property if Licensor
determines, in its sole discretion, that Licensee's Antenna Facility, Communication
Equipment, Building, and/or other property are inconsistent with or interfere with
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 6
Item #9 October 25, 2016 10 of 40
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 (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 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 nine (9) months, while it continues to seek the Approvals. In the event
the Approvals are not obtained within such nine (9) 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
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
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 7
Item #9 October 25, 2016 11 of 40
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
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 employees. 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".
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 8
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(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
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 and property damage and $4,000,000 general aggregate.
2) Automobile Liability. $2,000,000 combined single-limit per accident for
bodily injury and property damage.
3) Worker's Compensation and Employer's Liability. Worker's
Compensation limits as required by the California Labor Code and Employer's
Liability limits of $1,000,000 each accident/disease/policy limit.
( c) Licensee will ensure that the policies of insurance required under this
Agreement contain the following provisions:
1) Licensor and the City of Carlsbad will be included as an additional
insured as their interest may appear under this Agreement 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 thereof. Upon receipt of notice from its insurer, Licensee will provide the
City with thirty (30) day's prior written notice of cancellation.
( 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 a blanket additional insured
endorsement 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 Letter of Self-Insurance outlining the required coverage.
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 9
Item #9 October 25, 2016 13 of 40
(h) Licensee shall require any contractors and subcontractors to obtain and maintain
substantially the same coverage with substantially the same limits as required of Licensee.
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
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.
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 10
Item #9 October 25, 2016 14 of 40
LICENSOR'S OBLIGATIONS
Licensor will:
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 location, and any change to the additional
Carrier's approved facility, equipment and location shall be made compatible with Licensee's
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 11
Item #9 October 25, 2016 15 of 40
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.
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
oflaw providing for a change of venue in these proceedings to any other county.
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 12
Item #9 October 25, 2016 16 of 40
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:
Verizon Wireless (VA W) LLC,
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
(Site: Poinsettia)
LICENSOR:
Carlsbad Municipal Water District
405 Oak A venue
Carlsbad, CA 92008
Attention: Steve Hodges
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.
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 in writing signed by
authorized representatives of the parties.
38. The above recitals are incorporated into this Agreement
39. All identified or referred to Exhibits are incorporated into this Agreement by
this reference.
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 13
Item #9 October 25, 2016 17 of 40
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situated in the County of San Diego, State of California, described as
follows:
PARCEL 1:
Beginning at the South quarter comer of said Section 22;
Thence Northerly along the North-South centerline of said Section 22 North 2° 18' 55" West 1041.37 feet
to the true point of beginning;
Thence South 89° 55' 47" East 250.00 feet;
Thence South O 04' 13" West 350.00 feet;
Thence North 87° 51' 00" West 235.93 feet to a point in said North-South centerline;
Thence Northerly along said North-South centerline 341.73 feet, more or less, to the true point of
beginning, containing 1.93 acres, more or less.
PARCEL 2:
That portion of the North half of the Southwest quarter of the Southeast quarter of Section 22, Township
12 South, Range 4 West, San Bernardino Meridian, located in the City of Carlsbad, County of San Diego,
State of California, according to the Official Plat thereof, more particularly described as follows:
The West 544 feet of the North half of the Southwest quarter of the Southeast quarter of said Section 22.
Excepting therefrom the following described land:
Beginning at the South quarter comer of said Section 22;
Thence Northerly along the North-South centerline of said Section North 2° 18' 55" East 1041.37 feet to
a point designated as Point "A" for the purposes of this description, said Point "A" also being the true
point of beginning;
Thence South 89° 55' 47" East 250.00 feet;
Thence South 0° 04' 13" West to the South line of said North half of the Southwest quarter of the
Southeast quarter of said Section 22;
Thence Westerly along said South line to the Southwest comer of said North half;
Thence Northerly along said North-South centerline of Section 22 to the true point of beginning.
Also excepting therefrom all that portion of the above described land lying Northerly of the following
described line:
Beginning at the above described Point "A";
Thence South 89° 55' 47" East 542.82 feet, more or less, to a point on the East line of said Westerly 544
feet of the North half of the Southwest quarter of the Southeast quarter of said Section 22, said point
being the point of terminus for this line.
Assessor's Parcel Number: 215-080-05 & 215-080-23
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 15
Item #9 October 25, 2016 19 of 40
EXHIBITB
CONDITIONAL USE PERMIT
(See Attached M-CUP-15-07/CDP 15-22)
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 16
Item #9 October 25, 2016 20 of 40
~·
August 10, 2015
Kerrigan Diehl
PlanCom, Inc.
302 State Place
Escondido, CA 92029
EICE"I'"
('cicyof
Carlsbad
SUBJECT: MCUP 15-07/CDP 15-22-POINSETTIA TWIN O TANK WCF -Request for approval of a
Minor Conditional Use Permit (MCUP 15-07) and a Minor Coastal Development Permit (CDP 15-22) to
allow for the installation and operation of a new wireless communication facility (WCF) at 6510 Black
Rail Road, in the One-Family Residential (R-1) Zone and Local Facilities Management Zone 20.
Dear Ms. Diehl,
The City Planner has completed a review of your application for a Minor Conditional Use Permit (MCUP
15-07) and Minor Coastal Development Permit {CDP 15-22) for a new wireless communication facility
consisting of a total of 12 panel antennas behind radio frequency (RF) transparent screening material
mounted to three existing water tanks, associated equipment and an emergency generator inside a
proposed ground level enclosure near the north west corner of the site located at 6510 Black Rail Road.
A notice was sent to property owners within a 300' radius of the subject property and occupants within
100' of the subject property requesting comments regarding the above request. No comments were
received within the ten day notice period (ending on August 7, 2015). After careful consideration of the
circumstances surrounding this request, the City Planner has determined that the findings required for
granting a Minor Conditional Use Permit and Minor Coastal Development Permit can be made and
therefore, APPROVES this request based on the following findings and conditions.
Findings:
MCUP15-07
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 wireless communication facility (WCF} uses; and (c) the
proposed WCF is consistent with City Council Policy No. 64, Wireless Communication
Facilities, in that the twelve {12) panel antennas will be located behind radio frequency (RF)
transparent screening material mounted to three existing water tanks and the associated
equipment and emergency generator will be within a proposed ground level enclosure. The
project's location and stealth design comply with General Plan objectives that seek to
maintain and enhance Carlsbad's appearance.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760·602-4660 I 760-602-8560 fl www.carlsbadca.gov
Item #9 October 25, 2016 21 of 40
t!.~~4 r St ,_, ,. :·:~
h")l~%1cuth!~-07/CDP 15-22 ~ POINSETTIA TWIN D TANK WCF
~r.:~7 ;i{~lffl: fb, 20ts
Pa e 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 (public/private utility installation (water tanks) in a residential zone) as
listed in Location Guideline A.1.g. of City Council Policy Statement No. 64, and all aspects of
the WCF exhibit stealth design and will be hidden behind radio frequency (RF} transparent
screen material that is painted to match the existing water tanks, as well as the equipment
cabinets and emergency generator located within the proposed ground level enclosure which
will be textured and painted and will have a tile roof over most of the enclosure. The WCF
use is a conditionally permitted use within the One-Family Residential (R-1) zone.
Furthermore, the placement of the antennas behind RF transparent screens painted to match
the existing water tanks do not visually impact the existing site or building design and do not
interfere with 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 proposed antennas are
mounted to thr~e existing water tanks and the antennas are located behind RF transparent
screen walls that will be painted and textured to match the existing water tanks. In addition,
the associated equipment and emergency generator enclosure will be located on the ground
level and textured and painted with a tile ro~f covering most of the enclosure and thereby
exhibits stealth design techniques.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the proposed unmanned WCF can be accessed by Black
Rail Road and the WCF use requires, on average, only monthly maintenance visits and
occasional visits in response to operational problems,
5. That the proposed WCF is consistent with City Council Policy No. 64 in that the WCF is located
in a preferred location (public/private utility instaHation (water tanks) in a residential zone) as
listed in Location Guideline A.1.g. of City Council Policy Statement No. 64 and exhibits stealth
design, as the panel antennas are mounted to the existing water tanks behind RF transparent
screen walls that will be painted to match the existing water tanks and the associated
equipment and emerg~ncy generator enclosure will be located on the ground level and
textured and painted with a tile roof covering most of the enclosure;
CDP 15-22
6. That the development is in conformity with the public access and public recreation policies of
Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the
subject site, nor are public recreation areas reqµired of the project.
7. · The proposed development will have no adverse effect on coastal resources, in that the
location of the property is not immediately adjacent to any body of water and the lot is
already disturbed and developed with water tanks and associated infrastructure.
Item #9 October 25, 2016 22 of 40
,,
MCUP 15-07 /CDP 15-22 -POINSITTIA TWIN D TANK WCF
August 10, 2015
Pa e 3
8. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project is consistent with the Mello II Segment of the Certified
Local Coastal Program in that the proposed WCF use is not precluded in the Residential low-
Medium Density (RLM) land use designation identified on the local Coastal Plan land use
plan; no agricultural activities, sensitive resources, geological instability, flood hazard or
vertical coastal access opportunities exist onsite and the proposed WCF will not obstruct
views of the c~stline as seen from public lands or public right-of-way or otherwise damage
the beauty of the coastal zone.
9. That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15303 {New Construction or Conversion of Small
Structures) of the state CEQA Guidelines. 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.
10. 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 14-15/CDP 14-24 as shown on Exhibits "A" -"I" dated August 10,
2015 on file in the Planning Division and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these.conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of 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/ Minor Coastal Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and ·-
modifications to the MCUP 15-07/CDP 15-22 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,
Item #9 October 25, 2016 23 of 40
MCUP 15-07 /CDP 15-22 -POINSETTIA TWIN D TANK WCF
August 10, 2015
Pa e 4
from (a) City's approval and issuance of this Minor Conditional Use Permit/Minor Coastal
Development 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 15-07/CDP 15-22 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 10, 2015
through August 9, 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 Jess than 90 days prior to the expiration date. The
Planning Commission may not grant such extension, unless it finds that there are no substantial
negative effects on surrounding land uses or the public's health and welfare. If a substantial
negative effect on surrounding land uses or the public's health and welfare is found, the
extension shall be denied or granted with conditions which will eliminate or substantially
reduce such effects. There is no limit to the number of extensions the Planning Commission
may grant.
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/Minor Coastal Development Permit on the real
property owned by the owner/applicant. Said Notice of Restriction shall note the property
Item #9 October 25, 2016 24 of 40
,-MCUP 15-07 /CDP 15-22 -POINSETTIA TWIN D TANK WCF
August 10, 2015
Pa e 5
10.
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.
Developer/Operator shalt comply with the Federal Communication Commission's guidelines on
limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months
after the issuance of occupancy, and with any time extension or amendment request, the
Developer/Operator shall submit to the City Planner either (1) verification that the project is
categorically excluded from having to determine compliance with the RF exposure guidelines
per 47 CFR §1.1307jb)(1); or {2) a project implementation report which provides cumulative
field measurements of RF emissions of all antennas installed at the subject site. The report shall
quantify the RF emissions and compare the results with the exposure limits established by the
FCC guidelines. Said report shall be subject to review and approval by the City Planner for
consistency with the Project's preliminary report on RF exposure submitted with the initial
project application and for consistency with the FCC guidelines. If, on review, the City finds that
the Project does not meet the FCC guidelines, the City may revoke or modify this conditional
use permit.
11. This approval shalt become null and void if building permits are not issued for this project within
24 months from the date of project approval.
12. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
13. Prior to issuance of the building permit, the developer shall obtain approval from Carlsbad
Municipal Water District (CMWO) for the final design of the proposed WCF facility.
14. 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:
15. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
Item #9 October 25, 2016 25 of 40
MCUP 15-07KDP 15-22-POINSETIIA TWIN D TANK WCF
August 10, 2015
Pa e 6
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 Jetter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $661.00 plus notice fees. 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 Chris Garcia at {760) 602-4622.
Sincerely,
DON NEU, AICP
City Planner
DN:CG:bd
c: Van lynch, Principal Planner
Tecla levy, Project Engineer
Michele Masterson, Senior Management Analyst
File Copy
OMS/Data Entry
Item #9 October 25, 2016 26 of 40
EXHIBIT C
DESCRIPTION OF "PREMISES"
(See attached Site Plan)
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 17
Item #9 October 25, 2016 27 of 40
UIUTYTIENCH
EX~NOWAT[ll:UNE ORORAINUNE.FlEJ.D 'mllfYLOCAT10N
SCHEDULE-40M TELEPHONE CONDUIT PERPWlS
= tU.S..
El(ISTING WATER LINE OR DRAIN LINE.FIELD VERIFl'LOCA"TlON
5CHEDOU:-40M POWER CONDUrT PERPWlS
CWCONOUITPERl"!.ANS, EXTEND AS REQUIRED
EXISTING W'ATER LINE OR DRAIN LINE. FIEI.D VERIFl'l.OCATION
= N.T.S, 2
I
--~:'~ STREET 1 I
El<IS11NCT~TREESTOBE REMOVEDANDREP!.>CED (SHOWN MSHED){m'. OF 2)
ENLARGED SITE PLAN
''"""' .,_,.
"''""" WATER TANK
LEGEND:
-·--·----·--EXISTING UNDERGROUND unurY CONOUrr PERAS-J:IUILTDAAWINOS{n'PICAL)
----~ EXISTING UNDERGROUND WATER U.ES PER AS-BUILT DRAV!lNGS {l'YPIC,IJ.)
-r:n~~:i~rERi=~DRAIN LINE
"
EXlSTINGTREE TOREMAIN (NPI"")
UTILllY & CABLE ROIITING NOTES:
~ ~~g~fovW:W~H,~~cr1~AN El.£CTRlCAL ROVTE TO BE FIELD Vl:AIAED ANO ACIJUSTED ACCORDINGLY DURING CONSTRUCTION
~ :g~~u~i =H.co~~i1~m£0 ROUTE TO BE FIElD VERIAED AND ,.IDJUSTED ACCORDINGLY DURING CONSJRUaJlON
~=~~<r~~filkminl11Jry ROUT£TOBl'i:F1EJ.DVERIFltDANOAOJUS11:D ACCOROlNGLYDURlNCCOHSTRUCTtON
0 ~OSEOFRO~igii,,!'i~~C>J3~
Nm:NAA lEASE MFA. PRElJMlN."m COAX CABLEROOOC'tOBEOO.!JVl:nlFIE];)ANO AOJUSTEDACCOROl~YOIJRINGCONSTRUCTJON
111\Cll!TECTUM :: INCOll.POnllTEO
=== .. ===
PREPARED F"OR
P.O. aox 10101 IRVINE, CA 92623-9707 (9+9) 286-7000
====::====
APPROVALS
EE/IN
EE/OUT ==== .. ====
PROJECT NAME
POINSETTIA
(lWIN D WATER TANK)
BLACK RAIL ROAD
CARLSBAD, CA 92011
SAN DIEGO COUNTY
==== .. ====
DRAWING DATES
gi~ii~l! rnilh(t~ISION I (u)
==== .. ====
SHEET TITLE
ENLARGED
SITE PLAN
PROJECTS\VERIZON\!3373
==== .. ====
A-1
Item #9 October 25, 2016 28 of 40
EXHIBITD
DESCRIPTION OF "PREMISES"
(See Site Plan Pages A-0 through A-7 attached)
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 18
Item #9 October 25, 2016 29 of 40
)>
I
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~ ~
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fil~e ;!:§ d~~ •• 1; i~ i~i 1!1 gm~g ~~~ :Z:::!!Jf;;
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11
90 f Item #9 October 25, 2016 30 of 40
UTUIY-
0:tsntiG WATER LINE Oft OfWN LINE. flElD VERIFY LOCATION
""'"''"' "'"'"'"'"
SCHEDUL.E40PVC m.EPHONE CONDUIT PERPI.HlS
CO.O.X CONOUtr PERPL,N,!S,
EXTENO>s REQUIRED
EXISTING WATER LINE OR DRAIN LINE. FlEl..ll 1/ERIFYL.OCATIDH.
COAXCONDUITPERPI.N4S, EXTEND JS REQUIRED
EXISTING WATER LINE OR DIWN UNE. flUO VERIFY LOCATION
= N.T.S. 2
I --~-"~ STREET L
I
ENLARGED SITE PLAN
PROPOSEOV£RIZON'MRO.ESS>HrEN~ PIPE MOUITTEO 10 EXISTING WAlER T#U( BEHIND NEW RFTRANSPAAOOSCREfNS
OOSTIHG ,,__,.
"''""" WATER TN*<
LEGEND:
-·--·-~ ~-.--EXISTING UNDERGROUND UTIUIY CONOUtr PERAS--13UILTDRAW!N<lS{TYPICAW
- - - - -O:ISTINl'.I UNDERGROUND WATER Uil!S PER AS-BUILT DRAWINGS CfYPICAL)
EXISTING UNDERGROUND DRAIN LINE PER >s-13UILT DRAWINGS
OOSTIHG ,,__,.
"""""' WA1al TNt<
lITILllY & CABLE ROUTING NOTES:
¢> ~~g~fou~if<¥f~t}H,C~[l~AN
El.EC'JRICALROIJTElOBEF!ElDVERIFIEDAND ADJUSTEO ACCORDINGLY WRING CONSTRUCTION
~ c~g~~ut~ =H.co~'llii1~TELOO ROVT'ElO BE FlEl..ll VERlflED AND >DJUSfID ACCORDINGL y DURINQ CONsmuanoN
~=E?o~r~tt1li!k~ =o'fflG~l1u~G~~o~usm:,
11ncHIHCTUM :: INCO!lfOnAHP
=== .. ===
PREPARED FOR
~ """Z.Qllwireless
P.O. BOX 19707 IRVIHE, CA 92623-9707 (949} 266-7000
==== .. ====
APPROVALS
EE/IN
EE/OUT ==== .. ====
PROJECT NAME
POINSETTIA
(TWIN D WATER TANK)
BLACK RAIL ROAD
CARLSBAD, CA 92011
SAN DIEGO COUNTY
==== .. ====
Ol/2!1/T!I O+j02/ll5 07/02/15
DRAWING DATES
90"ZD(H) :~g: ~g ~W1s10N 1 {u)
==== .. ====
SHEET mu:
ENLARGED
SITE PLAN
==========
l'ROJtCTs\VERIZON\!l37J
====··====
A-1
Item #9 October 25, 2016 31 of 40
I
I
I
I
I
I
I I / I / ~,,__
-------------
EXfSTINQ AT&T flllll.OING
EQUIPMENT FLOOR PLAN .:w.aw-~
1. LOCA110NOtEl<lST1NGUNOERGROONDUT1UTY CONDUrTSATPROPOSED~IZONEQUIPMENT BUJlDINCANDGENEftAlORENCLOSURELOCAllON NEEOSTOBEF1ElJ)VER!FlED#40PRaiECTED INPI.ACE,SEENOTEf40
0
EQUIPMENT R.OOR Pl.AN NOTES:
¢> ~~EF£.~~= =rlNSIDE AN~ CONCRETE B!..OCK
<i) :~~~~~IO~~o~~P~~Hn~200 UIS.
<$> ~~~ii°x~ =~?.:.e.i.=.v~, 2860 LIE
~ ~'.!ff'°5~,~~DC~~~~~ 2~11TS UNISTIWT MOUNTED TO
~ ~~Ot'W~EDABru: is;:Hg:~H~R COO( C>a..f Atfl (1) H/2" FOR
~ PROPOSID OVENHOO 111 ~ lADDER O +8'--0" {SttOWN DASH8l) <l> PROPOSEDA!RHmDLERS
~ PROPOSEDf'USEOD!SCONNECTSWO'CHWOUN'fEDTO\lfAU. <!)' PROPOSED AUTOW.TIC TlW4SFER SWfTCli MOIJNlED TO llfALl.
(ji, PROPOSED J,WIIJAI.. l!WGFER SWITCH MOVITTID TO WAU
~ PROPOSED 200 MIP El..ECmlCAJ.. PNE.. WOUNIED 10 WAU.
.0, PROPOSED w.N GROUND SUS 0AA TO BE I.KlUNTED TO WALL
~ PROPOSEO 3'--0" WDE ffiE1. DOOR ANO~ & VERIZON 'MREl£SS '"""" 4) PROPOSW>UIMINUMTI-lRESHOLD
@-PROVIDE WAil. MOUNTED E:<T'ERIOR LIGHT FIX'JURE MOUmED TO .BUILDINC
@ PROPOSED SURFACE MOIJtm:O FUJORESCOO UGliT FDmJRES {!YPIOO. OF +) -0> PROPOSID'fr'AI.LMOUNT£DTELCOBOAAO ~ t~~rr.J2;~ 1}: ~·=-FlOOR 111.ES. EXCELON 1!111173
~ PROVIDE ANO INSTAU.(1) 'MI.LMOUNTEOCI.ASS "ABC' FIRE EXTINGUISHER ~ :~1i1g~~~~f~~CN'M!LEor
i PROPOSEDCONCREIE~DlNG
PROPOSEDC<MXCA&.E1RENCH
PROPOSED ~ Vi1Ra.ESS 2~ El...Etml!CAL MEIER MOUtmD TO WillL
PROPOSEO'IE!UZON'MffEI..ESSREVERSES.EIMCEGENEFW"ORRECEPTACI..E FOR STANDEI'!' GENEAATOR CONNECTION MOUNlED TO WALL
4) PROPOSEO ROOF0',£111-W!GHJCNE (SHC:l'M-1 OASHED)
I PROPOSED15"X1&"MOTOR1ZEOE»WJSTFAN
PROPOSED1-"ITELCOCONOUIT1NANUNOERGROUNOVT1UTY'1RENCH
PROPOSEDEl..£CTRICM.CONOUITJNANUNOERGROUNDLJ11UIYTRENCH
PROPOSEDUNDERGROUNOJOINTVTIUTY'TRENCH
PROPOSED 11•--0• HIGI-I CONCRETE Ell..OCK Wfil ENCLOSURE.
PROPOSED CI-WNUM< LIO
: PROPOSED PAIR +'-0" WIDE STEEL G,t,TES W/ FR.IME &-SIGNAGE WITH
~ PROPOSEDST,t,CKED PAIR OIJTDOORCONOENSER UMIT(CARRIER MODEL ~~i:10W,.1~it~i~~~ ~Jfu~ ~c.!t_Mi 2)
i PROPOSEDREFRIGER>HTUNEROOTINOONMSLEEPERS
PROPOSEDDRYWEI..L
PRO,,,OE AND INSTALL (1) '/W..L MOUNlED a.ASS ABC flRE EXT!NGlUISl-lER INSIDEANEW.JRCABIMIT
~ INSTALLJ"I..A'l'EROFJ/4"CRUSHED QlA'va.O'IIERAaEROOOWTI-1 BAARIERwrnt:NENTIREEQUIPMENTCOl,IPOUNO
~ PROYIDE+"!t8"0PENINGATBASEOFWfilFORORAIN(M>ICALOF2)
4} ~~JVoN~..t\~~~~~NRP:r:~~a~t .... n1~i~ OF' WAlER DISTRICT AND/OR CITY OFACIAL
~EXIS'TINGlREE(lYPICAL)
4} EXISTING 'TREE 10 BE REMOVED (SHOWN D,l,SHED) {1YPICl,L Of 2)
~PROPOSEDlREE(SH~SIWIED}
~ EXIS11NG~DOOIPEM~
~EXlSTINClCONCREfEPAO
~EX!STINGASPHAI..TPA'in>ACCESSRO,,l,O
4) EXISTING~NUNKFENCE
~ EXISTING CHAIN UNK FENCE TO EIE REMcmtl {~ DASHED) ,$> PRDPOSfD CIWN LINK FENCE
~EXISTINGDOOO ~ DOS11NGME!ER
i PROPOSEDREl.OCATIONOFEXISTlNOATA:TMECHANICW.UNITSFROMROOF'
fUTUREAT,ltTOO,.XC/.Bl..ESHROUD
EXISTING AT&T COAX CAE!L.E WAVEGUIDE ENTRY PORT
~ EXISTING ATdoT MONOPOLE AND CONCREl'E RX1TNO TO !IE REMCMiO, RELOCATE ANT'ENNAS TO WATER TANKS (fr( OTHERS)
~ EXlSllNG IRRIC.O.TION CONiROUER
i EXISTINGIRAIG,t,TIONPUMPN-IDHYDROTAI'«
EXISTINGB,1,CKFLOWPR!:'.'ENliR
EXISTING WATER ldETER
~E)(ISTINC'!E'l.EMEJR'l'PANEI..S
~ EXlS'TlNCAREAUClfT
c@:> EXlS'TlNG CONTOUR LINES O 1'-0" lh'Tm{>J...5 (lYPC*l)
4} PROPOsm FENCE POST ATIACHED TO PROPOSED Will
ARCHITfCTUM ;; INCORtoMHD
==== .. ====
PREPAREO F"OR
~ wwlZfBlwireless
P.O. BOX 19707 IRVINE, CA 92623-9707 (949) 286-7000
==== .. ====
APPROVALS
OJ.TE
EE/!N
EE/OUT ===="
PROJECT NAME
POINSETTIA
(TWIN D WATER TANK)
BLACK RAIL ROAD
CARLSBAD, CA 92011
SAN DIEGO COUNTY
====Ol====
DRAWING DATES
Ol/2!1/t!I !JOX ID (u) gi1gi1:~ )gg: ~g &£1J1s10N 1 (u)
===I:===
SHEET TITLE
EQUIPMENT
R.OOR PLAN
====··====
PROJ[CTs\VE!UZON\1J373
==== .. ====
A-2
Item #9 October 25, 2016 32 of 40
EXISTINOROOFPAAM'ErTOaEREMO'lul
(s~OASHEO)
1:z.'-o"
ROOF & CHAIN LINK LID PLAN
ROOF & CHAIN LINK LID PLAN NOTES:
*
PROPOSED ~ '#IREl.£SS CONCRETE EII.OCK WALL ENCU>SURE
PROPOSED J"f SCHEDLU ,40 G.ILVAAIZED STAADAAD PIPE FAAME (n'PICAI..)
PROPOSED <W..VANIZED SJfil PIPEcw.F'S FOR CWJNLINKTENSIONER STRIP
¢, PROPOSEDGALVAN!ZEDTDiSIONERSTRIP(lYP~)
~ PROPOSED eiw:l<Er SUPPORT CLAMP FOR CWJMUNK LID AT<4.'-D0 O,C. W.X., 2 EAC1i PANEL MINIMUM
~ PROPOSED CMI..VANIZED C~NUNK MESH P~Y REM<Mll FOR Cl)JUl'f, PROVIDE STANDAAD WIREilES 10 FRAME O 12" O.C. WITH DOUB!..E KNCJiS ONEIOTTOMSIDEOFFRAME 0 ")(" INOIC.-.TES A StflGU: PANEL OF 11-lE CWJtrum< LID
,$> PROF'OSEDill.EROOf
! OllruNE OF TOWm WAtl aELOW (SHOWN DA.SHED)
PROPOSED E911/Gf'S AN'JENW.S MOUNTm TO ROOF EAVE (TY?lCAL OF 2)
EXISTINQ ATM' MWIW.:CAL UNrTS ON ROOF TO BE RELOCAlED AT GRADE
lltl.CHIHCTUI\E :; IIKOll.POll.llTfO
==== .. ====
PREPARED FOR
~ VfWIZJlllwire/ess
P.O. 80)( 19707 IRVIHE, CA 92623-9707
(9+9) 286-7000
==== .. ====
APPROVALS
££/OUT ====··====
PROJECT NAME
POINSETIIA
(lWIN D WATER TANK)
BLACK RAIL ROAD
CARLSBAD, CA 92011
SAN DIEGO COUNTY
====::====
DRAWING DATES
OJ/l!/1! 901' 20 (H) g~~grn: Jgg~ ~g &W1stoo 1 (H)
====··====
SHEET TITLE
ROOF & CHAIN
LINK LID Pl.AN
====··====
PROJECTS\VERIZON\13373
==== .. ====
A-3
Item #9 October 25, 2016 33 of 40
--~---·
""""' "D-1· """""'' WATER TNil(
"'"''" "D-,· -WAlmTNtl<
0
ANTENNA PLAN C ~ ~a?' ANTENNA PLAN B
AJIITENNA Pl.AN NOTES:
¢ 6W~~N~,: ~~~CP!J;~~UHTED
i) :;~;~ MO~~~~ 4~~ IMJS£~, ~zr"W.
~PROPOSEDRAyc-pocsURGEPRCJTECT10NUNITUNISTRUT MOUtmD TO Ci\Bl.E 'IRA'!' BELOW (1 PER SECTOR, 3 TUTAI..) (BELOW SHOWN l)O.SHEO)
~PROPOSEDIW.V.STEELP!?Et.lOUNT(lYPICM..)
<$> PROPOSED -W.CtEMOUNT" NON-PEN~TINC SIDE TANK IMGNETIC MOUNT {STM) {1YPIC>J... OF 4 PER MOUt(!') <e) PROPOSED Fl!ERCI.ASS ANGLEIIT10P, MIOOU: '*10 OOTTOM FRAMING {SHOWN ™=lHED} (IYP.} 0, PROPOSED +• ~ +• ~ 1/:t" RF Tf!mSPAAl:Nf FlBERGt.ASS T\JBE FRAMING {SHGWN SHADED) (lYPlCAL)
~ ~~fs~To~~;=fEDR~~~~ IAATCH EXrsrnG WAlER TANK WALL {TYPICIJ..J
~ k~~iEllS'Y~~ri~foU~dl~~:~~Ni1~rc
cl) PROPOSEDVERIZOHWIREl.ESSUNDERCROUNOCOAXW..ColBl..E 'fRENCfl (SHOWN D.'SttED)
q) ~~~~ ::Ifi~~TO ~~~FMg~:Rzi,!~:l~K
4) PROPOSED e·-OOUAAD (!YPIC>L OF 2 PER SHROUD)
<l} ~:i;MgcTO..moJgtDr~ST~~~WA~ Tc::; ~L£ CHASE
NON-PENETR.-.TlNG WGHET1C CAl3I.E 'IWIY HOLDING S'l'STtM (BELOW SHOWN !MSHED)
~ ~~J'=10VERl~D~ST1~~~~®SE NON-PENEmA.TlNGWGNEl!CCABI..E'IBAYHOLOING~ (eaow SHOWN H>.TCHED)
4} ~EDPl~~~~\"ii~~lo;; i~ow~~KDISH Wflli M,-1,0NETIC MOUITTS
4) PROPOSED UNIS!Rl/T q'.p ElCISTING W,i,'TER TAI« WAU. 4:9 EXISTING UNDERGROUND UTILITY CONOUrr PER AS-BUILT OAAWINCS (l't?ICl,L)
45> ':~~l~T u:~:u~~~ UNES PER
~ ':~V,f./=~~iUNO Oft'<N UNE PER
q} ~~~~W~ ~TE~~~gN~~D REQUIRED IN FIB.D WHERE CONDUITS NEED TO CROSS EXISTING UTILITY CONDUITS ('rrPICAL)
~ ~~~111~u~TE~iFJ~g~o~~~DEN ,S REQUIRED IN FIB.D WHERE CONDUITS NEED TO
CROSS EXISTING W,i,Tl".R OR DRAf,j UNl:S (m>ICA[J
4}> EXISTING W,i,Tl".R TIINK CONC!ta'E CURB
~ ~~TERc,J~K ACCESS LADDER
~ EXISTlNGW.i.lERTIINK GUAAOFWL
,@, EX!STlNGl'r',l,lERTNiKPIPE
q} EX!STING aou..AAO CT'(PIC,IJ,,)
~EDGEOFASF'I-W.TP.i.VING
~ EXISTJNGCOOCREl'ECURB
~EXISTlNGa.ECTRICALPUU..90)(
-<8> EXISTING w.i.m VAL'e = ~ = ~ ~ ~ =M
i
""""' .......
~K
•
$~~
~ "" •\
ANTENMASA1-M IIZIMU'TH90'
o ...
ANTENNA PLAN A ~ .,~.
ANTENNA ANO COAXIAL CABLE SCHEDULE
""""' "'w" .,..., .... r= ~~(+~~ ,.,,
7't'L, 1U"Wx7.1"D '""" 1,V!"OOl,'I(+ Tt'L,1u•w,1.1•1;t ,;, trL, 11.1"wx1.1•0 +~a ~·-it 11•-o· "=" 1'Z'l,11¥W,,:7.1"D
7r'L,11Lt"W•l!.J'D '""" "'""""' ,,. ,;, trL, 1u·w,e.:i·o 4~0 350'-11"' 11•-0• 1~+ 1't'L,1u·w,11.J•o
Tr'L, 1M"Wxll.3"D
Tr'L• 1U"Wx!!.J'!l
~'"""" ,;, 71!'L, 1u·wiu•o 4~ 175'-0" <--o" 7~+ 7't'l~ 1U"Wx11.3"D
Tr'L, 1U"W•II.J"ll
~!ICHIHCTUI\E U ll'ICO!l,01\ATED
====::====
PREPARED FOR
~ verfze,lwira/ess
P.O. BOX 19707
IRVINE, CA 92623-9707
(949) 286-7000
====::====
APPROVALS
uc--······ ~
£E/!N
££/OUT ====··
PROJECT NAME
POINSETTIA
{lWIN D WATER TANK)
BLACK RAil ROAD
CARLSBAD, CA 92011
SAN DIEGO COUNTY
====::====
DRAWING DATES
0~/25/15 90X ZO {u) g;1g~/i! :gg: ~g ~£~1s10N 1 (u)
====··====
SHEET TITLE
ANTENNA PLANS
PROJ[CTS\VERIZON\1J373
====::====
A-4
Item #9 October 25, 2016 34 of 40
SCREEN PLAN C
SCREEN FRAMING PLAN NOTES:
0 :O~oo~i:r=~t:~~r~o':~~UNTFD
~ 6~~~M=&tr~~ -4~UERMOS:. 81~T~w,
<t-~'6fl~&1roAA~~iu~~~ONS~R~NJis:wwAL) (Era!JW SHOWH D,1,SHEO}
¢ PRO?OSBJGN..V.5TEEI..PlPEMOUHl"('l'l'PICAL)
~ ~r~~~F~tAt~~imGM~~AHK
~ ~l~E~S=~~~~TOP, /,UOOU: #10 OOITOM
¢ rogr~~)<cst'~1{~;r~F f1BERG1.J,SS
¢ :o=~s~ni:si~..wn,s=:roR~~~~ MATCH EXIST!v('; WATER TANK Wfil. (TYPIC,IQ
($> ~~Lbi~~~~~CT~~~~~~N:,~r.c
4) :ri:~JIJ_E~ D~~~~~~stJ?POfm
q) =~i~c: ~tr1..WEll1~~ TUBE
4) ~:~~~~:ls~~~~ ~~NG
-1) ~~~TO~or~m~WA~T~~LE CHASE NON-PENETRATING MI.GNETIC CABLE TAAY Hotn!NG SYS'IEM (BE!.OW)(SHOWN D.'.SHED)
4) ~~TOYER=or~sn~:-TER~~\iiCHASE
NON-PENEfRATING WGNETlC CABLE m,..y HOL!llNG S'1'SWM (138.0W)(SHOWN HATCHED)
q) ~O:Op:t'~:~ J~~~ ~~~::lrsH WITHw.GNETICJ.IOl..fflS
<@> PRO?OSEOUNISTRlJT
4}-EXIST!NG WAmi T#IK W...U..
SCREEN PLAN B
"MAGNEMOU~ NON-PENETRATING SIDETAHK w.GNETIC MOUN'f (STM) (ryp\CALOF-4) INST/\U. PER l#.NUFAC11/RER'S RECOMMENOAliONS
'""'" WATERT~I(
2-1-"WIOE>J..UMINUM HORIZONTALC~ CABLETRAY(BEl"ONO)
TAHKWIJ.1.----
"'""' ,,_,.
''''""'" WATER TANK
SCREEN PLAN A
2
2,t."WIDE,IJJJl,ftfJM HORIZONTAL COAX CABLElRAYPERPI.NI
TANK WALL---
M\CHIHCTUM U INC:O!IPOflATtD
==== .. ====
PRE:PAREO f'OR
~ Vltft.lJZllwire/ess
P.O. BOX 19707 IRVJHE, CA 92523-9707 (949) 286-7000
===··===
APPROVALS
EE/tH
EE/OUT ~
PROJECT NAMt
POINSETTIA
(lWIN D WATER TANK)
BLACK RAIL ROAD
CARLSBAD, CA 92011
SAN DltGO COUNTY
==========
DRAWING OATES
03/lV1!1 90XZD (u) g;~g~~:~ Jgg: ~g &r~ISlON 1 (H)
====··====
SHEET TITLE
SCREEN PLANS
====··====
PROJtCTs\VERIZOH\13373
===··===
A-5
Item #9 October 25, 2016 35 of 40
NORTH ELEVATION
9li\l.R:111P•i'4'
EAST ELEVATION
PROPOSED\'ERllONWIRELESSANTENW.S PIPE MOUNTED TO EXISTING WATER T>.NK BEHINO NEW RF '!l'!ANSPARENT SCREENS
CENTERUNEOFVERIZONWIREL.E:sS Al.PHo\SECTORAKTENNAS
ELEVATION NOTES:
<:> ~~o:r'EX~:= ~PIPE W.ONEllCMOUNrn
~ c~,S~~':l~u~RU t.lOUITTED
(rrPICALOF+PERstCTOR.12Tl'.lTAL)
~ UWi=M~~~=~NUNrr
{1P£RSECTOR,3TUT&)
¢ ~rEif~~~NQ SIDE TANK
<e> :~z~~:W6M11:.0~0~{1rl.E
EXISTING WAlER TANK
i PROPOSEDCONC:RtrEAPRONF'ORMETALSHROL{I
PROl'OSEDd"-aot.LAAO
PROl'OSED\oERIZOHWIRELE.'SSHORIZOtifAL~ Ct.81..ECAASEMOUl(TE)TOOIJTSlDEOFEXISTINO WA1ER TnlK 'M11i NON-PEIIORATINO t.lAGNEllC CWILE "TRAYHOLDIHGS'!'SfD.4
<b ~~s~ou~~~~N~~LE TANK WITH NON-?OI.EJRATINCl MACNETIC CAIILE TRAY
HOLD1NGS'IST£M ~ g<~J ~JEO)AIW'ET TU BE ~MO
4) ~~~~~P~FTO BE REPLACED
q) EXISTING WAlER TN<IK CONCRETE CURB
~~~~»IK,',CCESSI.JD!ER
<13> EXIS11NG W,1,lER l,IJ,IK GUAADIWL 4} EXISTING WATER TANK PIPE
4, EX!S'T1NG SOU>.Rtl (t'YF'lc.-.L) -0> EXIS'11NG CHAIN UNK FENCE (IN fORmRO\JND, SHOWN DASHED FOR w.Rl1Y)
<j) ~=~~~PE+·~~NTED ON
EXISTINGW ... 1ERTANK'Mlli W.CNETIO Moums
4$> :r.:PN~=w~~oW>J~.SKl,OED)
TEXnJRED ANO PAINTE.D TO W.TCH EXIST!NC WAlER TANK WAL.1. ~ ~~U~N~~~~1°~~~LE HOUJmG 5'YSJEM PAIWED TC W.TCH WATER TANK
1!/ICHITECTUf\E :: INCOll.POr\ATEO
==== .. ====
PREPARED FOR
~ V9rizepwirefess
P.O. BOX 19707 tRVINE, CA 92523-9707 (949) 286-7000
==== .. ====
APPROVALS
om--·
tt/lH
tt/OUT ==== .. ====
PROJECT NAME
POINSETIIA
(lWIN D WATER TANK)
BLACK RAIL ROAD
CARLSBAD, CA 92011
SAN DIEGO COUNTY
==== .. ====
DRAWING OATES
03/25/1!1 g()x to( .. ) z~~z~~:~ :z~: ~z ~E~IS1QH 1 (u)
====··====
SHEET TITLE
EXTERIOR
ELEVATIONS
PllQJtCTs\VERIZOt(\13373
==== .. ====
A-6
Item #9 October 25, 2016 36 of 40
SOUTH ELEVATION
.:11..1:11tr.1,...
WEST ELEVATION
1, EXISTING EQUIPMENT BUlllllNG, NEW EQUIPMEHr lJ.111..DINGAhDGENE!lATORENCLOStJRESHAU. H.I.VE A LIGHT, NE'JTRAL COLORfill srucco N'PUED lU lHE EXTERIOR WAUS.
~
1~
'b :., ~ { i <J
ELEVATION NOTES:
1> :t~EDO~EX~:= ~N~PIPE
w..GNEllCMOUNTS
¢ :~s~~zo~'ti~ulh-R\J MOUKTED
(lYPICIJ..Of+PERSECTOR.12TOTAL)
~ ~m=ltJitfu~ =~ON UNIT
(1 PER SECroR. .J TOTNJ
~ ~r&>M't£~~NG SIOE T#I<
~ ~~z~R~Umro~offls"foE~FL.E EXl5!1NGWATERTANK
! PROPOsm t:oNCffi'IE APRON f'OR METAL SHRO~
PROPOSED 6"• aou.ARD
PROPOSSl ,azQff WIAElESS HORIZONT>J... C04X c.i.BLEQWEMOUNTEDltlOUTSIDEOFEXISTINC WATER TANK 'MTll NON-PENETitATING w.Gt£fie CIISL.E TRAYHOLOINGS'l'STE,(
<b ~~SWou':mo~~=~~~LE TANK WITH NON-PENEIB,1..TlNG MAGNETIC Cliet.ETR,W Hot.DING SYSTEM
cf9-rsc~tr~°W'ro';AAAPETTOBEREM~
0 ~~~~~P~FTOSER!:PLACEO
4} EXISTlNO WATER TANK CONCRETE CI.JRB
~~~~ANKACCESSL>DOER
<13> EXISTING WATER TANK GUAROIWL
<j} EXIST!NO WATER TANK PPE
1) EX!STlNGBOU.AAD('TYPI~
~ EXISTINGCH,1,JNU/tC:FENCE(INFOREGROUND. SHOWN DASHED FOO CLARrrt)
{J>=G=Jl~~JINFOREGROUNO,
41 EXISJlNO DOOR
4}> EXlSTING MElER
4}> EXISTNG WATER TANl< WMIOL.E
4},~~=~~200ArucrntcAL
q} ~~~R~~~:=EG~~OR CONNECnONhlOUNTEPTOllt'J.l.
~ ~~~~~T~~o:x~:N;r:i.tT
BUil.DiNO
~ W:r~~~oo~~s£~crn;.EWJlro)
~~~AND PAll{J'El) TO Wilt$-! EXISTINC WATER
,O,CHITECTUM :: lNCO~PO~,HfD
===n===
PREPARED F'OR
~ liiNf.z2nwireless
P.O. BOX 19707 IRVIHE, CA 92623-9707 (949) 286-7000
========
APPROVALS
D .... TE ..
EE/IH
EE/OUT ==== ..
PROJECT NAME
POINSETTIA
(TWIN D WAlER TANK)
BtACK RAIL ROAD
CARLSBAD, CA 92011
SAN DIEGO COUNTY
===n===
03/2~/1~ 0'4/02/1~ 07/02/1~
DRAWING OATES
90"20{H) ::~ ~g ~·tJ1s10H 1 (u)
========
SHEET TITLE
EXTERIOR
ELEVATIONS
========
PROJ[CTs\VER!ZOH\13373
========
A-7
Item #9 October 25, 2016 37 of 40
EXHIBITE
CELL SITE HARD/SOFT KEY ACCESS REQUEST FORM
(See Attached)
Licensee Site Name: Verizon Poinsettia Twin "D" Tanks 19
Item #9 October 25, 2016 38 of 40
CELL SITE ACCESS HARD/SOFT KEY
RE UEST FORM
D Contractor
D Vendor/Supplier
LAST NAME:
DRIVER LICENSE #:
WORK PHONE:
PAGER:
REASON FOR ACCESS:
Company Name
Company Phone #
Sub-Contractor for
**PLEASE PRINT
CLEARLY**
I FIRST NAME:
EMPLOYEE ID#
STATE:
MOBILE PHONE:
ALTERNATE NUMBER:
**PLEASE READ AND SIGN BELOW**
~··
verizgflwirefess
I understand the Cell Site Hard/Soft Access Key and NR pass code I receive are for my personal use only to supply services for
Verizon Wireless, 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 Verizon
Wireless, 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 Verizon Wireless 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 VERIZON WIRELESS.
Upon termination of my services with my contracting company or earlier if my assignment in providing services to Verizon
Wireless is terminated, I will surrender this key to Verizon Wireless and notify Verizon Wireless 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 Verizon Wireless immediately. I understand 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
VZW Manager/Director Signature
PLEASE PRINT VZW Manager/Director DATE
Item #9 October 25, 2016 39 of 40
Item #9 October 25, 2016 40 of 40