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TO:
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
HONORABLE MAYOR AND COUNCILMEMBERS
FROM: GRANT YATES, CITY MANAGER
DATE:MARCH 8, 2016
SUBJECT: COMMUNICATION SITE LEASE AGREEMENT
SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS
CANYON HILLS PARK, 34360 CANYON HILLS ROAD
Recommendation
Staff recommends that the City Council authorize the City Manager to execute the
Communication Site Lease Agreement for Canyon Hills Park (APN 363-231-015)
with Verizon Wireless approving installation and operation of a wireless cellular
facility at Canyon Hills Park subject to provisions set forth in the Agreement.
Background
The City Council had previously authorized staff to accept applications for using
City Parks as wireless telecommunication facility sites and set forth land use and
lease provisions.
On October 6,2015 the Lake Elsinore Planning Commission approved Conditional
Use Permit No. 2015-01 and Commercial Design Review 2015-10, a request by
Verizon Wireless for the replacement of an existing 7S-foot light pole located at
34360 Canyon Hills Road with a 7S-foot wireless telecommunications facility
designed as a light pole.
Verizon Wireless is requesting approval of a communication site lease agreement
to install a wireless telecommunication facility designed as a 75'-0" high light pole,
housing six paddle antennas, and supplemental equipment. A lease area of 20
feet by 20 feet (400 square feet) would be enclosed by CMU block to screen
various ground mounted equipment. The park is generally located northeast of the
intersection of Canyon Hills Road and Cottonwood Road.
The proposed facility has been designed to be screened as a light pole and will
replace an existing 75'-0" light pole that provides lighting to a baseball field. The
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Canyon Hills Park Cellular Agreement
March B, 2016
Page 2
screening material has been adequately designed to provide screening of the
proposed antennas, thereby reducing the visual impact of the proposed facility.
The proposed facility will still retain the functionality of the original light pole. The
ground mounted equipment will be screened by an enclosure that has been
designed in a manner consistent with other ancillary buildings located in the park.
Staff from Community Services, Building & Safety, Fire, and Engineering have all
reviewed the project.
On November 10, 2015 the City Council granted approval the site lease
agreement. The approved document was forwarded to Verizon who informed the
City of a policy change from their legal department stating they no longer sign
leases with a termination fee greater than three months. Section 5C of the lease
identifres a 1 year fee. Staff was originally resistant to the change as Verizon had
agreed and objected after the fact. Staff has conferred with the City Attorney's
office and can support the amendment to Section 5C of 3 months termination fee
in Section 5C of the lease.
Discussion
This is an opportunity for the City to provide cellular gap coverage to its residents,
obtain an ongoing revenue source and regulate the cellular structure to be non-
obtrusive to the general public while not impacting park activities. The Planning
Commission review ensured proper location, screening and consistency with the
existing park amenities.
The applicant has agreed to the following site lease agreement provisions:
1. A S-year lease with four s-year extensions (25 years total).2. Rent based on $2,500 per month.
3. Rent to automatically increase by 2.5o/o per year.
4. All construction and all other maintenance costs to be borne by applicant.5. City reserves the right to either retain ownership of cellular structure after
the lease expires or require removal of such structure.
The attached communication site lease agreements sets forth specific provisions,
legal description, location maps, and approved design plans.
Prepared by:
Approved by:
Attachments:
Grant Taylor, Director of Community Development
Grant Yates, City Manager
Communication Site Lease Agreement
Planning Commission Conditions of Approval
1)
2)