THE CITY OF SAN DIEGO

REPORT TO THE PLANNING COMMISSION

DATE ISSUED: January 13,2011 REPORT NO. PC-11-006

ATTENTION:

SUBJECT:

REFERENCE:

OWNER!APPLICANT:

SUMMARY

Planning Commission, Agenda of January 20, 2011

SPRlNT/CLEARWIRE - SPRING CANYON - PROJECT NO. 196930.PROCESS 4.

HEARlNG OFFICER REPORT NO. HO-10-109 (ATTACHMENT 15).

CITY OF SAN DIEGOSPRlNT/CLEARWIRE

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Issue(s): Should the Planning Commission approve or deny an appeal of the HearingOfficer's decision to approve a wireless communication facility located on the SpringCanyon Reservoir at 12225 Spring Canyon Road within the Scripps Miramar NorthCommunity Planning area?

Staff Recommendation: DENY the appeal and APPROVE Conditional Use Permit No.696961.

Community Planning Group Recommendation: On May 6,2010, the Scripps RanchPlanning Group recommended approval (unanimous) ofthe Sprint/Clearwire - ScrippsRanch Reservoir (Attachment 8).

Environmental Review: This project is not pending an appeal of the environmentaldetermination. This project is exempt from environmental review pursuant to Article 19,Section 15302, Replacement or Reconstruction. The environmental exemptiondetermination for this project was made on November 19,2009, and the opportunity toappeal that determination ended December 14, 2009 (Attachment 7).

Fiscal Impact Statement: None with this action. All costs associated with theprocessing of this project are paid by the applicant.

Code Enforcement Impact: None.

Housing Impact Statement: None.

BACKGROUND

This project includes an existing Sprint Wireless Communication Facility (WCF) consisting ofnine antennas. Clearwire is proposing to replace three of the Sprint antennas with threeClearwire antennas and add three Clearwire microwave dishes. Clearwire also proposes to addan equipment cabinet within the existing 200 square foot Sprint equipment enclosure. OnOctober 27,2010, the Hearing Officer approved CUP No. 696961. On November 10,2010, D.Todd Philips, Chair of the Scripps Ranch Planning Group, acting On behalf of Mark Palid,appealed the decision of the Hearing Officer to approve the modifications on the Sprint facility atthe Spring Canyon Reservoir. The property is located at 12225 Spring Canyon Road in the RS-I­8 zone within the Scripps Ranch North Community Planning area (Attachment s 1,2 and 3). Theappeal alleges that the decision to approve this WCF was based on factual error, conflict withother matters and new information (Attachment 9).

For reference, the Report to the Hearing Officer, dated October 27,2010 is included asAttachment 15. For brevity, this Report to the Planning Conunission addresses only the issuesraised in the Development Permit Appeal Applicatiou that was filed by the appellant (Attachment9). Although the significant project issues are summarized in this report, please refer to theHearing Officer Report for more detailed project background information and staffs originalanalysis.

DISCUSSION

Project Appeal:

The appeal application generally cites three reasons for the basis of the appeal including failure toprovide proper notice, the lack of adequate Radio Frequency (RF) testing and the lack of safety.The specific complaints and staff responses are as follows:

1. Conflict with San Diego Municipal Code Section 112.0302(b)(2)- failure for propernotice.

Section 112.0302 - Notice by Mail. Section (b)(2) requires that Notices ofApplication,Future Decision and Public Hearing be sent to all addresses within 300 feet of theboundary of the real property that is the subject of the application, including each addresswithin a condominium or apartment complex.

Compliance with LDC Section 112.0302 regarding all required noticing for this projecthas been achieved. Mr. Palid indicated at the Hearing Officer hearing that he did notreceive notices for the other WCF's on the reservoir property. There are three othercarriers 011 site, all of which were approved under previous regulations that allowedWCF's on non-residentially used sites through the ministerial process. Verizon hassubmitted an application for their expired permit and it is anticipated that AT&T will be

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submitting a new application for their expired facility in the near future.

2. Pursuant to San Diego Municipal Code Section 112. 0506(c)(2)- new information notavailable to interested person: there is more than the applicant's cell tower on thefacility- up to 36 pieces on reservoir: over FCC acceptable radio frequency levels; noregular independent testing qffacility conducted; no independent evidence that currentequipment is in compliance with FCC regs; lack ofproper warning signs onfacUity;defective original permits.

There are currently four WCF's operating at this project site, although Sprint/Clearwire isthe only subject of this appeal. The other projects were processed under previousregulations, which allowed these facilities through a ministerial review process. All hutone has an expiration date and those are either in process or will be submitted very soon.The appropriate notices will be sent out pursuant to LDC Section 112.0506.

The existing WCF's on site were approved prior to the requirement that a cumulative RFreport be submitted to the City, however, Verizon received a Substantial ConformanceReview for their monopole a few years ago and as part of the approval, they wererequired to submit a cumulative RF report. The facilities on site are all in compliancewith FCC Guidelines. Although a new report will be required of Sprint/Clearwire priorto their obtaining pennits for any work on site, it is important to note that TheTelecommunication Act of 1996 does not permit local jurisdictions to base decisions onon the environmental effects of radio frequency. The RF report is always required after aland use decision has been made and it is maintained in the project file for the life of thepenni!.

The project site is approximately 30-feet higher than Spring Canyon Road where a blockwall with chain link fencing separates the two. Mature eucalyptus trees also surround theproperty. Access to the site is through a private drive off of Spring Canyon Road and alocked gate keeps the public from entering the property. Each of the facilities haswarning signage as required by CAL-OSHA, although it is not easily visible due to theelevational difference, the security fencing, and the mature trees surrounding thepremises.

The last issue identified in the second point of the appeal is that there are "defectiveoriginal permits". No explanation was provided by the appellant. It is important toremember that the only pennit in question at this point is the Sprint/Clearwire CUP whichis the subject of this appeal.

3. Pursuant to San Diego Municipal Code Section 112.0506(c)(1) - factual error: decisionmaker relied on statements ofsafety - interestedperson contends there is an increasedlikelihood offire and property damage when placed in a residential area; given fires of2003 and 2007 this is a significant issue in Scripps Ranch.

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This section of the Code identifies grounds for appeals including factual error that thedecision maker may have relied upon to base his decision. No evidence has beenpresented thus far that WCF's present a potential fire danger. If anything they provide anadditional means for communication during emergencies if the landlines are impacted ina gIven area.

Conclusion:

The Sprint/Clearwire project has been detennined to be consistent with the purpose and intent ofthe applicable development regulations of the Land Development Code, which includes theRS-I-8 development regulations and the Wireless Communication Facilities regulations,§141.0420. The project has also been detennined to be consistent with the General Plan. Theexisting Sprint facility was approved in 2001 and is need of maintenance. The Clearwireadditions will include upgrades to the facility including current antenna mounting practices, paintand coax cable organization. The proximity of the WCF's to the surrounding residential uses is afair distance given that the reservoir property is significantly higher. The existing mature treessurrounding the property provide screening of the tank and the fact that the property is fenced andgated means that access is limited. The Hearing Officer was able to make the findings in theaffinnative when he approved the project on October 27,2010 and staff continues to reconunendapproval of CUP No.696961.

ALTERNATIVES:

1. Approve, Conditional Use Permit No. 696961, with modifications.

2. Deny Conditional Use Permit No. 696961, if the findings required to approve theproject cannot be affirmed.

Respectfully submitted,

Mike WestlakeProgram ManagerDevelopment Services Department

BROUGHTON/KIAAttachments:

1. Aerial Photograph2. Community Plan Land Use Map

-4-

1". ,

fL:tt li1.-Lj'''\Z/'t- (()t(ll ) Z-Karen Lynch~Asl"kaft IProject ManagerDevelopment Services Department

3. Project Location Map4. Project Data Sheet5. Draft Pennit Resolution with Findings6. Draft Pennit with Conditions7. Envirorunental Exemption8. Community Planning Group Recommendation9. Copy of Appeal10. Photos11. Photosimulation12. Project Chronology13. Planning Commission Notice14. Project Plans

Rev Ol-04-07/rh

- 5 -

Aerial PhotoSPRINT/CLEARWIRE - SCRIPPS RANCH RESERVOIR PROJECT

NUMBER 196930

12225 SPRING CANYON ROAD

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Project Site

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SCRIPPS MIRAMAR RANCH COMMUNITYPLAN MAP•.r01.,- SPRINTICLEARWIRE - SCRIPPS RANCH RESERVOIR- PROJECT

_. NUMBER 196930

12225 SPRING CANYON ROAD

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Spnng Canyon Rd

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Project Site

Project Location MapSPRINT/CLEARWIRE - SCRIPPS RANCH RESERVOIR- PROJECTNUMBER 196930

12225 SPRING CANYON ROAD

AITACHMENT 4

PROJECT DATA SHEETPROJECT NAME: Sprint/Clearwire - Scripps Ranch Reservoir

PROJECT DESCRIYfION: Modification ofan existing wireless communication facilityto add six antennas and update existing antennas and add acabinet to the existing 200 square foot enclosure.

COMMUNITY PLAN Scripps Miramar RanchAREA:

DISCRETIONARY Conditional Use Pennit.ACTIONS:

COMMUNITY PLAN LAND Open Space.USE DESIGNATION:

ZONING INFORMATION:

ZONE: RS-I-8

HEIGHT LIMIT: 35-Foot maximwn height limit.

FRONT SETBACK: 25 feet.

SIDE SETBACK: 10 feet.

REAR SETBACK: 10 feet.

LAND USE EXISTING LAND USEDESIGNATION &

ADJACENT PROPERTIES: ZONE

NORTH: Open Space; RS-I-8. Open Space

SOUTH: Open Space; RS-I-8. Open Space

EAST: Residential (3-5 dulac); Single-Family ResidentialRM-I-1.

WEST: Residential (5-10 dulac); Single-Family ResidentialRS-l-l3.

DEVIATIONS OR None.VARIANCES REQUESTED:

COMMUNITY PLANNING On May 6, 20 I0, the Scripps Ranch Planning Group votedGROUP unanimously to approve this project, with no condition.RECOMMENDATION:

ATTACHMENT 5

PLANNING COMMISSIONRESOLUTION NO.

CONDITIONAL USE PERMIT NO. 696961SPRINT/CLEARWIRE - SCRIPPS RANCH ICLEARWIRE

PROJECT NO. 196930DRAFT

WHEREAS, City of San Diego, Owner and SprintfNextel and Clearwire, Pennittees, filed an applicationwith the City of San Diego for a pennit for a wireless communication facility (as described in and byreference to the approved Exhibits "A" and corresponding conditions of approval for the associatedPennit No. 696961, on portions ofa 1.67 acre site;

WHEREAS, the project site is located at 12225 Spring Canyon Road in the RS-1-8 zone of the ScrippsMiramar Ranch Community Planning area;

WHEREAS, the project site is legally described as Lot 891 of Scripps Ranch Unit No. II according toMap thereofNo. 8223 in the City of San Diego, County ofSan Diego, State of Califomia.;

WHEREAS, on October 27,2010, the Hearing Officer of the City of San Diego approved ConditionalUse Permit No. 696961, pUI13uant to the Land Development Code of the City ofSan Diego;

WHEREAS, on November 10, 2010, J. Todd Philips, on behalf ofMark Palid, filed an appeal of theHearing Officer's decision;

WHEREAS, on November 19, 2009, the City of San Diego, as Lead Agency, through the DevelopmentServices Department, made and issued an Environmental Detennination that the project is exempt fromthe California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et. seq.) underCEQA Guideline Section 15302, Replacement or Reconstruction; and there was no appeal of theEnvironmental Determination filed within the time period provided by San Diego Municipal CodeSection 112.0520;

BE IT RESOLVED by the Hearing Officer of the City of San Diego as follows:

That the Hearing Officer adopts the following written Findings, dated January 20,2011.

FINDINGS:

Findings for Conditional Use Permit Approval- Section §126.0305

(a) The proposed development will not adversely affect the applicable land uSe

plan;

Section A.15 of the Urban Design section of the City of San Diego's General Plan addresses WirelessFacilities. The intent is to minimize the visual impact of wireless facilities. The General Plan statesthat wireless facilities should be concealed in existing structures when possible, or otherwise usecamouflage and screening teclrniques to hide or blend the facilities into the surrounding area. In this

ATTACHMENT 5

particular case, Sprint currently has antennas on the City-owned reservoir. Clearwire is requesting toadd antennas and update the existing Sprint antennas. All components will be repainted to blend inwith the reservoir.The General Plan also states that facilities should be designed to be "aesthetically pleasing andrespectful to the neighborhood context." There is an approximate elevational difference between thereservoir site and the surrounding residential area of40-feet and the entire reservoir site is surroundedby mature Eucalyptus trees, which provides screening for the antennas.

The Scripps Miramar Ranch Community Plan does not address WCF's as a specific land use. Thegoal of the WCF regulations is to integrate facilities into the setting in which they are proposed.Utilizing an existing vertical element that is part ofthe neighborhood landscape is alwaysrecommended especially when there is such a great elevational difference and existing mature treessurrounding the site.

(b) The proposed development will not be detrimental to the public health, safety,and welfare;

The Telecommunication Act of 1996 preempts local governments from regulating the "placement,construction and modification of wireless communication facilities on the basis of the environmentaleffects of Radio Frequency (RF) emissions to the extent that such facilities comply with the FederalCommunication Commission's (FCC) standards for such emissions." The proposed project would beconsistent with the FCC's regulations for wireless facilities. To insure that the FCC standards arebeing met, a condition has been added to the permit that requires SprintfNextel and Clearwire tosubmit an RF study to demonstrate compliance with the applicable FCC regulations prior to buildingpermit issuance. Therefore, based on the above, the project would not result in any significant healthor safety risks to the surrounding area within matters of the City's jurisdiction.

(c) The proposed development will comply to the maximum extent feasible withthe regulations of the Land Development Code; and

SprintlNextel currently has antennas on the reservoir that were approved in 2001. Clearwire isnow requesting to add antennas to each ofSprintlNextel's three sectors in order to provideWiMax services to residents surrounding the Scripps Ranch Reservoir. The project complies withall development regulations for the RS-1-8 zone and it complies with the WirelessCommunication Facility regulations, LDC Section 141.0420, which requires WCF's to beminimally visible through the use of architecture, landscape architecture and siting solutions.

(d) The proposed use is appropriate at the proposed location.

Council Policy 600-43 outlines preference levels for Wireless Communication Facilities whereresidential properties are the least preferred and non-residential properties are more preferred.This project is considered a Preference 2 Location, which is a more preferred when carriers needto provide coverage in areas that are entirely residential. The preference then would be to utilizenon-residential uses such as a reservoir. In this case, the elevation of the reservoir isapproximately 40 feet higher than surrounding properties and the entire perimeter of the propertyis lined with mature Eucalyptus trees. Fa<;:ade mounted antennas on the reservoir will be wellscreened by the trees and because the project site is much higher than the surrounding properties,

2

ATTACHMENT 5

the visual impact is particularly minimized. Therefore, the SprintiClearwire project is appropriateat this location.

BE IT FURTHER RESOLVED that, based on the fmdings hereinbefore adopted by the PlanningCommission, Conditional Use Permit No. 696961 is hereby GRANTED by the Planning Commission tothe referenced OwnerlPermittees, in the form, exhibits, terms and conditions as set forth in Permit No.696961, a copy ofwhich is attached hereto and made a part hereof.

Karen Lynch-AshcraftDevelopment Project ManagerDevelopment Services

Adopted on: January 20,2011

Job Order No. 24000375

3

ATTACHMENT 6

RECORDING REQUESTED BYCITY OF SAN DIEGO

DEVELOPMENT SERVICESPERMIT INTAKE. MAIL STATION 501

PROJECT MANAGEMENTPERMIT CLERK

MAlL STATION 501

SPACE ABOVE THIS LINE FOR RECORDER'S USEINTERNAL ORDER NUMBER: 24000375

CONDITIONAL USE PERMIT NO. 696961SPRINT/CLEARWIRE - SCRIPPS RANCH RESERVOIR

PROJECT NO. 196930PLANNING COMMISSION

DRAFT

This Conditional Use Pennit No. 696961 is granted by the Planning Commission of the City ofSan Diego to City of San Diego, Owner, and SprintlNextel and Clearwire, Permittees, pursuantto San Diego Municipal Code [SDMe] section 141.0420. The 1.67-acre site is located at 12225Spring Canyon Road in the RS-I-8 zone of the Scripps Miramar Ranch Community Planningarea. The project site is legally described as: Lot 891 of Scripps Ranch Unit No. II according toMap thereof No. 8223 in the City of San Diego, County ofSan Diego, State of California.

Subject to the terms and conditions set forth in this Pennit, pennission is granted toOwnerlPennittees for a wireless communication facility described and identified by size,dimension, quantity, type, and location on the approved exhibits [Exhibit "A"] dated January 20,2011 on file in the Development Services Department.

The project shall include:

a. A total of 15 antennas mounted on the Scripps Ranch Reservoir in three sectors asfollows: SprintlNextel will have three sectors of three panel antennas each for a total ofnine antennas; Clearwire will have one microwave dish and one panel antenna in eachof the three sectors for a total of six antennas;

b. An existing 200 square foot equipment shelter containing Sprint and Clearwireequipment;

Page I of6

ATTACHMENT 6

c. Public and private accessory improvements detennined by the Development ServicesDepartment to be consistent with the land use and development standards for this site inaccordance with the adopted community plan, the California Environmental QualityAct [CEQA] and the CEQA Guidelines, the City Engineer's requirements, zoningregulations, conditions of this Pennit, and any other applicable regulations of theSDMC.

STANDARD REQUIREMENTS:

1. This permit must be utilized within thirty-six (36) months after the date on which all rightsof appeal have expired. If this pennit is not utilized in accordance with Chapter 12, Article 6,Division I of the SDMC within the 36 month period, this pennit shall be void unless anExtension of Time has been granted. Any such Extension of Time must meet all SDMCrequirements and applicable guidelines in effect at the time the extension is considered by theappropriate decision maker.

2. This Conditional Use Permit and corresponding use of this site shall expire on January20,2021. Upon expiration of this Permit, the facilities and improvements described herein shallbe removed from this site and the property shall be restored to its original condition precedingapproval of this Permit unless the applicant of record files a new application for a facility whichwill be subject to compliance with all regulations in effect at the time.

3. No later than ninety (90) days prior to the expiration of this permit, the Permittees maysubmit a new application to the City Manager for consideration with review and a decision bythe appropriate decision maker at that time. Failure to submit prior to the deadline will be causefor compliance, which may include penalties and fines.

4. Under no circumstances, does approval of this permit authorize Pennittees or their tenantsto utilize this site for wireless communication purposes beyond the pennit expiration date.Implicit use ofthis permit beyond the effective date of this permit is prohibited.

5. No pennit for the construction, occupancy, or operation of any facility or improvementdescribed herein shall be granted, nor shall any activity authorized by this Permit be conductedon the premises until:

a. The Owner/Permittee signs and returns the Permit to the Development ServicesDepartment; and

b. The Pennit is recorded in the Office of the San Diego County Recorder.

6. While this Permit is in effect, the subject property shall be used only for the purposes andunder the terms and conditions set forth in this Permit unless otherwise authorized by theappropriate City decision maker.

Page 2 of6

ATTACHMENT 6

7. This Permit is a covenant running with the subject property and all of the requirements andconditions of this Permit and related documents shall be binding upon the Owner/Pennittee andany successor(s) in interest.

8. The continued use of this Permit shall be subject to the regulations of this and any otherapplicable governmental agency.

9. Issuance of this Pennit by the City of San Diego does not authorize the Permittees for thisPennit to violate any Federal, State or City laws, ordinances, regulations or policies including,but not limited to, the Endangered Species Act of 1973 [ESA] and any amendments thereto (16U.S.C. § 1531 et seq.).

10. The Permittees shaU secure aU necessary building permits. The OwnerfPermittee isinformed that to secure these permits, substantial building modifications and site improvementsmay be required to comply with applicable building, fire, mechanical, and plumbing codes, andState and Federal disability access laws.

II. Construction plans shall be in substantial conformity to Exhibit "A." Changes,modifications, or alterations to the construction plans are prohibited unless appropriateapplication(s) or amendment(s) to this Permit have been granted.

12. All of the conditions contained in this Permit have been considered and were determined­necessary to make the findings required for approval of this Permit. The Pelmittees are requiredto comply with each and every condition in order to maintain the entitlements that are granted bythis Permit.

If any condition of this Permit, on a legal challenge by the OwnerfPermittee of this Permit, isfound or held by a court of competent jurisdiction to be invalid, unenforceable, or unreasonable,this Permit shall be void. However, in such an event, the Owner/Permittee shall have the right,by paying applicable processing fees, to bring a request for a new permit without the "invalid"conditions(s) back to the discretionary body which approved the Permit for a determination bythat body as to whether all of the findings necessary for the issuance of the proposed permit canstill be made in the absence of the "invalid" condition(s). Such hearing shall be a hearing denovo, and the discretionary body shall have the absolute right to approve, disapprove, or modifythe proposed permit and the condition(s) contained therein.

13. The Permittees shall defend, indemnify, and hold hannless the City, its agents, officers, andemployees from any and aU claims, actions, proceedings, damages, judgments, or costs,including attorney's fees, against the City or its agents, officers, or employees, relating to theissuance of this permit including, but not limited to, any action to attack, set aside, void,challenge, or annul this development approval and any environmental document or decision.The City will promptly notify Permittees of any claim, action, or proceeding and, if the Cityshould fail to cooperate fully in the defense, the Permittees shall not thereafter be responsible todefend, indemnify, and hold hannless the City or its agents, officers, and employees. The Citymay elect to conduct its own defense, participate in its own defense, or obtain independent legalcounsel in defense of any claim related to this indemnification. In the event of such election,

Page 3 of6

ATTACHMENT 6

Permittees shall pay all of the costs related thereto, including without limitation reasonableattorney's fees and costs. In the event of a disagreement between the City and Permitteesregarding litigation issues, the City shall have the authority to control the litigation and makelitigation related decisions, including, but not limited to, settlement or other disposition of thematter. However, the Permittees shall not be required to payor perform any settlement unlesssuch settlement is approved by Permittees.

ENGINEERING REQUIREMENTS:

14. Prior to the issuance of any construction pennits, the Permittees shall incorporate anyconstruction Best Management Practices necessary to comply with Chapter 14, Article 2,Division 1 (Grading Regulations) of the Municipal Code, into the construction plans orspecifications.

15. Prior to the issuance of any construction permits, the Permittees shall submit a WaterPollution Control Plan (WPCP). The WPCP shall be prepared in accordance with the guidelinesin Appendix E of the City's Storm Water Standards.

LANDSCAPE REQUIREMENTS:

16. Existing landscape material, as shown on Exhibit "A" photos, act to screen views of theequipment shelter. Landscape material shall be maintained in a healthy living condition. Priorto removal of landscape screening, the Permittees shall provide evidence to the DevelopmentServices Department that equipment shelters will be sufficiently screened by replacementlandscape material or by other means, to the satisfaction of the Development ServicesDepartment. Significant changes to the existing landscape may require a SubstantialConformance Review or permit amendment.

PLANNINGIDESIGN REQUIREMENTS:

17. All antennas and mounting apparatus shall be painted to match the reservoir.

18. No mounting pipes may be longer than the antennas they are supporting.

19. All antennas shall utilize skirts and chin straps as illustrated in Exhibit A, dated January 20,2011. No exposed cables are permitted.

20. At no point in time, shall the approved antennas be different in size, other than those shownon the approved Exhibit A.

21. Prior to the issuance ofa construction permit, the Permittees shall provide a certifiedcumulative radio frequency model study demonstrating compliance with the FederalCommunications Commission's Radio Frequency Guidelines. All significant contributors to theambient RF environment should be considered in the radio frequency model study.

Page 4 of6

ATTACHMENT 6

22. All equipment, including transfonners, emergency generators and air conditionersbelonging to Permittees shall be designed and operated consistent with the City noise ordinance.Ventilation openings shall be baffled and directed away from residential areas. Vibrationresonance of operating equipment in the equipment enclosures shall be eliminated.

23. All facilities and related equipment shall be maintained in good working order and freefrom trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shallbe repaired or replaced within thirty (30) calendar days.

24. Once this site is deemed complete from construction, the Permittees are required to send aletter (Subject: Planning Inspection Project Number 196930) to the City of San Diego,Development Services Department requesting for a planning inspection. The site is officiallydeemed complete once the City Manager signs the letter. The Permittees shall be provided with acopy of the signed letter for record purposes.

25. The Permittees are responsible for notifying the city prior to the sale or takeover of this siteto any other provider or if the site is no longer operational resulting in the removal and therestoration of this site to its original condition.

26. A topographical survey conforming to the provisions of the SDMC may be required if it isdetermined, during construction, that there may be a conflict between the building(s) underconstruction and a condition of this Permit or a regulation ofthe underlying zone. The cost ofany such survey shall be borne by the Permittees.

27. All private outdoor lighting shall be shaded and adjusted to fallon the same premiseswhere such lights are located and in accordance with the applicable regulations in the SDMC.

INFORMATION ONLY:

• The issuance of this discretionary use permit alone does not allow the immediatecommencement or continued operation of the proposed use on site. The operation allowedby this discretionary use permit may only begin or recommence after all conditions listedon this permit are fully completed and all required ministerial permits have been issued andreceived final inspection.

• Any party on whom fees, dedications, reservations, or other exactions have been imposedas conditions of approval of this Pennit, may protest the imposition within ninety days ofthe approval of this development pennit by tiling a written protest with the City Clerkpursuant to California Government Code-section 66020.

• This development may be subject to impact fees at the time of construction permitissuance.

APPROVED by the Hearing Officer of the City of San Diego on January 20, 2011 by ResolutionNo.XXXXX.

Page 5 of6

ATTACHMENT 6

Permit Type/PTS Approval No.: CUP No. 696961Date of Approval: January 20,2011, 2010

AUTHENTICATED BY THE CITY OF SAN DIEGO DEVELOPMENT SERVICESDEPARTMENT

Karen Lynch-Ashcraft

NOTE: Notary acknowledgmentmust be attached per Civil Codesection 1189 et seq.

The undersigned Owner/Permittee, by execution hereof, agrees to each and every condition ofthis Permit and promises to perfonn each and every obligation ofOwnerlPennittee hereunder.

SprintlNextelPermittee

ByNA-=-M=E=-------------

TITLE

NOTE: Notary acknowledgmentsmust be attached per Civil Codesection 1189 et seq.

City Of San DiegoOwner

By ...,.-;--::-----;-c----:-==--=------­David Sandoval, CCIMDeputy Director, Real Estate Assets

ClearwirePermittee

By~N:-:A-=-M-O;E=-----------

TITLE

Page6of6

NOTICE OF EXEMPTION ATTACHMENT 7

TO: X RECORDER/COUNTY CLERKP.O. Box 1750, MS A-331600 PACIFIC Hwy, ROOM 260SANDIEGO,CA 9210lp2422

___OFFlCE OF PLANNING AND REsEA.RCH

1400 TENiH STREET, ROOM 12]

SACRAMENTO, CA 95814

FROM: CITY OF SAN DIEGO

DEVELOPMENT SERVrCES DEPARThlENi1222 FIRST AVENtJE,MS 501SAN D1EGO, CA 9210 I

PROJECT NO.: 196930 PR01ECTTITLE: SprintClellrwire Spring Canyon WT

PROJECT LOCATION-SpECIFIC; 12214 Chardonnay Street, San Diego, CA

PROJECT LOCATION-ClTYfCOUNTY: San Diego/San Diego

DESCRIPTION OF NATURE AND PURPOSE OF THE PROJECT: Conditional Usc: Permillo modify an existing unmanned wirelesscommunication facility (WCF) on an existing water tank. The project consists of the replacement of Wimax equipment locatedimide an existing telecom equipment shelter, replace three (3) existing antennas with three (3) Wimax antenna assemblies; andinstall One n) GPS antenna. The antennas would be installed around the 10p of the water tower, at the north, southeast, andsouthwest facades. The equipment sheller is located to the northwest ofthe water tower at ground level. The project is located at12214 Chardonnay Street, in the RS-1-8 Zone, within the Scripps Miramar Ranch Community Plan area.

NAME OF PUBUC AGENCV APPROVING PROJECT: City of San Diego

NAMEOFPERSON OR AGENCY CARIlYINGOVTPROJECT: MikeMcNellY,Clearwire4400 Cwillon PointKirkland, WA 98033619-454-1839

ExEMPT STATUS: (CHECK ONE)() MINiSTERIAL (SEC. 21080(b)(1 ); 15268};() DECLARED EMERGENCY (SEC, 2] 080(b)(3); 15269(a»;() EMERGENCYPROJECT(SEC.21080(b)(4); 15269(b)(c»( "') CAiEGORICAlExEMPTION: 153(}2.- REPUCEMENTORRECONSTRUCTJON

REASONS WHY PROJECT IS EXEMPT: The proposed project would not have the potential for causing a signific8m effect on theenvironment, as the project proposes: to replace existing lelecom equipment with new equipment, with substanlially the samepurpose of the existing equipment. None of dle exceptions described in CEQA Guidelines Section 15300.2 apply, and the projecthas no potential to result in signific;ant effect on the environment.

LEAO AGENCY CONTACT PERSON: M. Blake TELEPHONE: (619) 446·5375

IF FILED BY APPLlCANT:1. ATTACH CERTIFIED DOCUMENT OF EXEMPTION FINDING.2. HAS A NOTICE OF EXEMPTION BEEN FI!.J!O BY THE PUBLlC AGENCY APPROVING THE PROJECT?

( ) YES () NO

It IS HEREBY CERTIFIED THAT THE CITY Of SAN DIEGO HAS DETERMINeD THE ABOVE ACTIVITY TO BE EXEMPT FROM CEQA

SIGNATURElTITLE

CHECK ONE:(X) SIGNED By LEAD AGENCY( ) SIGNED BY APPLICANT

DATE '

DATE RECE1VED FOR FILING WITH COUNTY CLERK OR OPR:

ATTACHMENT 8

MIRAMAR RANCH NORTH PLANNING COMMITTEE (MRNPC)MEETING MINUTESNovember 3, 2009

7:03 p.m.

7:07 p.m.

Call to Order

1. Introductions

Members Present:Bill Crooks(Chair), Tracy Reed (Vice Chair), David Berry, Fred Dudek, PeggyShirey, Lorayne Burley, Dustin Steiner, Marian Marum.

Guests:Kelly Batten (Councilman DaMaio office), Antoinette Meier (CALTRANS), DanMcAlister (County Treasurer), Oscar Valdivieso (City SO), John Keating (LLG),James Miller (LLG) Becky Siskowski (Sprint Nextel), Caitlyn Kes (Scripps RanchCom. Member)

2. Public Comment (none)3. Modifications to the Agenda (none)

CommunicationsI. City Council - Kelly Batten (report attached)

2. City of San Diego Planning Department - Tony Kempton (none)

3. City, County and State -CALTRANS: Closure update was handed out

4. SRPG - Bob IIko (none)

5. SRCA - Bill Crooks reported that Officer Gomez is aggressive onTickets.

6. CPC - Tracy ReedReported on CPC discussions which included:

Medical Marijuana (smaller dispensaries)Revenues down $50 Mil overallCalif Consumer Price Index could drop 2%

7:30 p.m. Presentations I Discussion I Action Items: (P I D I A)1. The Economy: "Where are we and where is we going?" • Dan

McAllister SO County Treasurer,Tax Collector:Reported on Tax Bills, Forclosure Rates, Requests forReassessments, Rebates sent out, Sacramento taking local funds,County Investments held in short term accounts for safety.

2. Traffic Light at Affinity Court: Marcy Harris requested some solution fordangerous situation. Dave requested Traffic Accident Statistics.

9:30 p.m.

ATIACHMENT8

3. Spring Canyon Traffic Study: Oscar Valdivieso reported that stripingwould be done by Mayor June 2010, Signal will follow later. LLGreviewed that current striping plans, based upon previous work by RBFand Committee. Comments included frustration that previous directionwas not interpreted fully and properly. Median chokers were notincluded but were still desired. Accel and Decel Lanes were preferredin several locations. Bike Lane weaving and right tum pockets werediscussed. It was decided that LLG should confer with RBF to betterunderstand the previous community input. LLG would present planrefinements based on tonight's feedback and meeting with RBF.

4, Bike Path Project: (Item was rescheduled)

5. SprintiNextel: Becky Siskowski reported on new cell units being addedto City Reservoir walls. Dave Berry made a motion to approve, basedupon the faclthat Federal Law prohibits discussion pertaining to healthconcerns. Marian seconded. Discussion followed and let to anamended motion by Dave 'to Approve'. The amended motion (with noreference to heallh issues) was Unanimously Approved.

6, Approval Minutes: October Minutes 2009 (A Item)

Committee Reports1. Chair's Report - Bill Crooks (see attached)

2. MAD/LMD - Marian Marum reported that irrigation vandalism was stillproblematic. Geoff is working closely with Police Department. CityPurchasing Department is still holding the new LandscapeMaintenance Contractor selection paperwork", no resolution yet.

3. New Projects - (No report)

4. Roster Update - (None)

5. Facilities and Financing - (No report)

6. Schools - Lorayne Witte Burley (No report)

7. YMCA- David Berry (No report)

8. Transportation - Tracy Reed (No report)

9. Open Space, Parks and Recreation - David Berry (No report)

Other Business

Adjournment

8 Environmen,1aJ DetermlMIion - Ap-peal 10 City Cauncil~ 01 a Hearing Officer D&t:iSJOn te rElII\)lw a permit

2. Appellant Pl8sss ch9Ck·0n6 App~lilnt Officially recognlzed Planning Committee~

Olty or San DiegoDevelopment SwvICllJ81222 First Ave. 3rd Aoor81m DJegj;l, CA92101

~c.... _ .... _ (619)446-5210

ATTACHMENT 9

Development Permit! FORMEnvironmental Determination D$-3031

Appeal Application MAY 2010

·1 nlElrested PeIScn" (Per M CSt;,

Date of cec/s1orVOllwrmlneilOn;

I2l New InIDilTlatIDn{F>tac6asThl'll1l am Fo4u' deeisiOlUl O/W)Q Clty-wfdll Significance (Prooo&s Four CIeCI$lOl'l& only)

iIIenfiMS

5.

Signature:

ce!tifY U Elf penalty Of pe~ury thallhe oregoll1g, InClUdIng au names and a.ddresses, lS lI'lIe and 00

Date: 1111012010

Printed on I9C'(Cleld paper. V"ilour web SIte 4tll>"WH !i8I'K!JIlQP ggw'd!Ml!llQlTl9!!HMtjls.

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ATTACHMENT 10

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12225 SPRING CANY1J'.l ROAD. SAN IIl:GO. ~ 92131

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MlIiolIllD prHI...·.1<ljI"""'. ",lIOff <Imllll:l,rlltiosMlniralzo iInjloM.... (.... po", by _W"l! """\;wo~. pa,i.. ,lidd"""""l'i \'rilh "cmll"'~lo owr....,CcnlG\" mlWlll 0h:l0

U.. DlI1l1nd .... iJmllC 1)'''_ uupposalI1lJinod',,"lIl..«u.~""'1""8"""10'"L1fDinlllllf•• ...,rn.,•. p......... dri"",,~. inklildj.=1'I'~1l

poior1a ~ilChllQPng '" tile ""blic",,",- _CUI

~ailolil'1Ba.:J1i,,~ CTee& ilad :dlmbr............lloI"""r..........""

"'ulo,1I.,...]I,. 11M: will;~6ni..l:rr 1tJe1lJC oI'pcsticides0.. ~Lci...1imgltion ""ems h4llomhcop. dwll'l, inOO'l'or>unB ni""'"",rrdovia:lIlInd 0"", ""'''',..... n-.J

CASL£ L.ENGlMS ARE APPRQlllIMTE. IT SIWl. BE THE RESPONSI61UlY OFTHE CON"FRolCl"OR TO VERIFY AC:T1JAL CAeLE LENGniS 1\1I Fl£l.D, 1!'lCUJl)JNGAU. BENDS, '!URNS, ANti SWEEPS. PRIOR TO ORDERING OF" e.-BlE AND/OR

STAR!' Of Cl»lSTRUCTtON.

MICROWAVE DiSHES'

WIMAX PANrL AtfiENNAS'

.illS", AZIWUTH CAlIJ.£ LENGTH RaWiI!<S

1 62.711" :1;1 to'

2 62.711" :l27Q'

3 ~2.DB" :l:3~'

.~ AZlWtrrH CABLE l.ENcmr R£NARKS

I TID ::1:110'

2 TBD :ia70'

3 TBD :1:385'

ANTENNA CABLE SCHEDULE 2

~------ PROI'OllED 'aPlUHl'" W1MAXAHTaeWl MOUNTED ON (EJWJl.tER TANK, SeANTENHALAYOUT PlAN 6\j

NlJIE:NO SURVEY PROVlDID. BDUNlW« IHFOIlMAnON (;OMpUED FROMA£C<JRD DATA AND DOES NIJT" ~R~ A 5\lR\IEY OF THEPROPERTY.

PRIOR TO ISSUANCE OF Nff CONS11WC1lCN PSlMfl'. mEOWHER/PEmdI1TEE SHAU.. 11C000F'ORATE Nt( COHS'Il'iUCJlD1ll BESJI.WWlEJAENTPRACTTCES~ TO COMPlY WITH ctW'TER 14,NmCLE 2, DMSIDN 1 (GRADING REGLILIITlONS) OF' 1HE SANDImO MUNIaPAl. OOD£, INIO 1li£ COtmRUC1lON PLmS ORSPECIFlCAnoNS,

PRIOR 'It) 1HE lSS\WfCE OF Nff COIGTRIJC1ION P£RM1f, THEOWNER/PERMITIEE SHAU. SUBl.lrr A WAD POI.1.IJTION CONTROLPlAN (WPcp). lllE \\'PCP SIWJ.. liE PREPARED N ACCORI».NCEY/l1li '!HE GUIDELIMES IN APPEtlDDl E OF lllE CflY'S S'lUllMWAlER STANDARD.

.........PROPOIlSl "liPRItrr W1MAX - ..........ANTENNAS MOUNTED ON tEl -WATER TAn. SEE AriTENNA

your'1.AA @

-

N

!fI

<::l/

f/

: (E) GlE/AToItTEQUIPMENT

(EJ CHAIN UNK~--, I( FENCE

/0......() ~

-...J \:::::! \;t; 1{}fR-45.00' ,i! l ..fiB.67·j

~ I~ ,

~~~•9,5 \

\,,~\... '~\iit\i.\£\

'ii\....~\.... ,

\I,\'---PRO'OS~D 'VRlNT' WlIIAX --__

ANTENIIAI MOUNTED ON IS)WA,TEll TNtK, t1E~ AN1'8OIALAYOUT PLAN H:4----'

---'--...PROPOSED "PRINT WJMAX EQUI'MEKTRACK INSiDE (E) NEXTB. EQUIPMENTSHELTl!!R AT GROUND lEVELBJ'E EQUIPMSfT I.4YOUT P~N J-;!2;,.+.~__--..

SITE PLAN

ATTACHMENT 14

UCOlSURE

SHEET NUt.l8ER

SHEET Tm.EANTENNA & EQUIPMENT

LAVOUT PlAN

~REVISfONSIlII. : I IPCl'FDlN -1 _m ...a_I_Ill !WI

~ .....--"" !WI.. ...- _an IlIlOIQII!I pB ____arr_

p

•1IIl__ ..7 __!mart_ a

NOT FOR COIlSlllUCTlOll UNllSSlAIIQ.ED AS tDNSlRUCI10H str

PROPffiETARY INFORWAnONTHE II>F'IiI!......TKlN CON1A1NEb IN 1I-IlS

SET lliF [;()IlSTRU£:T1(lN ClC:CU1.l£lflS ISPIlOf'M'lIlllY I.Il' NAlllRE. A1ff USEOIl ttso.g$UllE mHER THAN illAr

WtlIOl RUAlES To SPRlNT ..,.OJ£Cl ISS1fIltiLy PIlCJHl8l1to.

Pl'(OPOSED 'SPRINT WlhIAX RACKMOUNTED Oli CONCRETE PADINSIDE (E) EQUIPMENT SHELEm

PROPOSED GF'S AHTENNAMOUtlTEl TO ClEAR TOPOF SHEl..TER

5ml ~1lR.olllO,aAIlDI£GD.CII '1111PIIDNE: (lIS8)lI!n-mO ~iIl5J'~

Sprint>TDD&l~,w1lhNEXTEL

NEW OAf' HfADS

(~ MOUNT AND HMD'HAAE

FRP WIER SID£: SKIRT " BOITWRH Jt"1Il FRP aoLT WITHWISHER D s" O.C. PAlNlED TO!.'ATCH (e) WAlER TANI<

(2) HORIZONTAl. 1 5/8· UMlSJRUTsmAP ON PIPE hIASt ON fA END

FRP FiWIII:: ATTACHED TO PlllOOUNISOOlSl"

(E) PIPE MOLJNT AND HAROWNlE

__--EXTDG (E) COAl( c.ailL.£ nv,y TOCOMCEN.. THE VER11CA!. CQAXCABLES. INSTA.I.L ST1W' TO A\IOIDDRAPING OF fABLES.

(E) WI\1m TANK

;1:2' 0'2·-o~ -

'----- CE) twl.T.S

\....----~UTlUZ£ (E) 3C1A/2P C.9,

:1:3'-0"

DETAIL lOB"'

)

/

±l(f-O·

FRP FJWEATTACtlED TO ,.,PlooD UNI!)ffiUST ;l,

NEW PANEL AIfJaINA

FR? COYER SIDE Sl(JRT" ": eonWID! }:I"1Il FRP EIOLT wmlWASHER 0 6" O,C. PAINTED 10W\ltli' (E) WAlER TANK

Dfi£C'hOHAL. ANTEMW. ANDt.KlUtfrlNG ASSEMBLY

oowmlLT aRACKET ':.,ANO MOutrnlllG "_IISSEM8LY (TOP &:BOTTOU}

""'-----(E} PIPE Moom ANDHAIlCWARf

EXIDlO (E) CON( CABLE Tft\y TOCONCfAl fHE IJERl1C,O,L COAXCABLES. INsTJ.LL SlRH' 1"0 "VOIllDRAPING OF C8.fS.

----- (E) WAD TANK

...,,~ ....... ,-- .

DETAIL "An

(E) BA.Ti£~ RACK

ANTENNA MOUNTING AND SKIRTING DETAIL

(E) COAl( CABl.£Etfffi"( PORT --J

3

°t..'b,

- - eEl """'" .....

txl'DlD (~ COAX CABLE TflAY TO. CONC£AJ.. lHE vamcAI... COAX CABLES. (E) SHELTER ACCESS DoOR--~~

<;.~. INSTAll STJW> TO AVOID ORAPlr.rG OfCAl3L.ES.

(El T-MOBILE ANTENNA. TYP.

-..._-~--

."if.:.

,••~ (~ i-MOSILL ~NA.. ~.

{E) VACANT PIPE

(E) ANTENNA. lYP.

::1:3'-0"

:1:3'-0" •

:1:4'-0"

:!:1C'-O"

±4'-o"

{E) WAlER TANI<

--_-..--~~-~ -----..-~-----~- ---~---------_ ...-----..

PROPOSED SKlIrnNG (FA SlOES 6: BOTl'OM)ON AU. (E) 'SPR!NT-NEXlE!..' ANO PROI"OSED'SPRINT" PA/'ID.. AHl9IMA/DIRECTlOrw... PROPOSED 'SPRINT'ANlENNA, PNNTEO 'It) t.eATCH COLOR OF (E:} [WI HEADWAreR lANK -TYP.-----......

---~~-(E) COAX CABLETRAY TO CONc~ !J.IEVERTll:W. COAX CABL.E$,INSTAU Sl'RAP TO AVOIDDRAPING OF CABLES.

PROPOSEO 'SPRINT'OAP HEAD __J

If;) WAlER TANK

(E) T-LlOSILE ANTENNA, TYP. --~---..

j#....

(1;.) T-MOBILE ~.,.iIJ.lTENNII, 'NP.

(E) AN'tENNA; TYP.

(E) VACANT PIPE -~--~

EXISTING ANTENNA LAYOUT PLAN

PROPOSED ANTENNA LAYOUT PLAN 4 EQUIPMENT LAYOUT PLAN 2 A2

ml CDFLEY ll!t ilOll. s.\,Nlll&llQ. co relll>'I1lIIE'.~.GOO-I2OIJ "AltISJ~

--I"", GROUNDI

T.O. {E) It PROPOSE!} ANTENNAS

T.O. (E) WAlER TANK

(E) Olt/A"'T EOOAIfNrJ

r(E) ANTENNAS, l'I'P.

'-lIPPAOX' LOCAlION OF (<)~COAX CABLE lRAY RISER

LOCAlICN OF PROPOSE!>'SPRI~ WItolAX EQUIPMENTRACK INSIDE (I:) NE);)B.awlPMENT sHa:ro~

\ /

u

(t) r-LiOBILE mTENNAS, 'TYP.

I£.'SPR'NT' 10 MPI..ICE (1) (E) A./'mNNAwmt (1) ANTENNA ~eLY

{E) NEXTa ANTENNAS. TYP.

~~E) (2) I-lORIZDNTAI.. UNISTRIJr

J

PROPOSED 'SPRINT' 0Al" HEAD­(PROVlD£ AOO'L UNITRUT/aRACmFOR 1ol0000ltlG, AS flEQ'O)

~ ~ (E) C~!~ CABLET--_-HTRA'(.~~ CONO~'l. lHE • ~(E) WATER TANK.

~""-~ e.Aa.~~ -/IH-+-~+-+-_+_-_+_-+_-___+--_l_-_+_--~-_...._..J,~~-II_I1--+----.-.;f-tII\I~,;6.l.L~~_!O__+"'~Pf-~+__~+__~J.___l·-+__+_...J_,...I...U

ORAPINC OF CAE LES.

L(E) ANIDI~AS, T'l'P.

fL.~,n-=- ~;

j~.."JinlU!U 'lm] I I,

.(E) 'SPRI!4T'FACllIJY~

II

IIIln~

III

NORTH ELEVATION

r- --.:.A.:..:TT~ACHMENT14

Sprint ).T"II,,1I1.., will> NEXTEL

{Q (2) HOIiZONTAl... UNISTRUT~

{Q 'f-MoatLE ANTENNAs. TT'? \

T.O. (E) WATER TANK ,(f

(E) Noon ANTENNAS, m.

{

'SPRINT" TO REPLACE (1) (E) mrENNAWITH (1) ANTENNA ASSENBLY

(E) I'mENNAS. n'P.

NOTE:• lllllEtJlo+w' NfItNHA TO BE PI...ACED taM: I

OR BElOW AS IfiWl• AU. NOT lflED IIOUNIIHG PIPE TO BE REIoIOVf.• ALl. AHJEr/NAS AND AOO SIDE Ie Bal'roId

SKIRr ARE TO BE PNMm TO MATCH {£)vta.1ER TNK

• ALL CCWC CASl.£S TO BE" 0fiGANIlED WI1lfC"lltl. S1JW'S

~ICENS1JRE

REVISIONSIlQ,IlI« ~ IIfW,.

I :EO w~j""""llll1r211 ttl~ _'_ZIl ltll~ PER =1DMImi •ft

""'-~ ..... MmYCCMDllI •7 l'Ellmt~ ..110

"lOT fOIl alil~ UNL£SStA8£ltD ~ <:oNSTR\lC1lOl'! SU

P~OPOSED 'SPRINt' OAP HE4W(FROVlD£ AJ)D'L UHrTRUTjalUCl<ET FORUOUTNlNQ, AS REltD)

\

\

[J

\

u

APPROX LOCAl1ON OF (E) /COAX CABlE" TRAY RISER:)----'/

T.O. (E) & PROPOSED ANTEKNAS

EXiEND (E) COAX ('.ABlE"TlY\Y TO CONCEAl THEVERTICAl.. cOAl( CAlllLS. 1----.//1~1\ll. STIW' TO AVOlDDRAPING OF CAB1£S.

(E) WAi'ER TANK.---~~

"'Ibl-+-"f'-lr--l

/(El GROUND i ,/

SHEET T1T1.E

ELEVATIONS

SHEET NUMBER

EAST ELEVATION A3

ATIACHMENT 14

UCENSURE

Sprint ).TClgalhfir wlFh "lE'XTEL

REV1SIONS.... 11m: ~. -I ~ZIt Itt

1-4. 1_111 It1

,..;. _1*11> II<

• ""CIlY~ •t --- II'e ,--- •7 oal

~OT FOR ctll6lRllt11llN lJNl£SSLABE:IIIl AS l:of,L~tlN S£T

PROPRIETARY INfORMATIONTHE ItlfCllIolllllON CDHtollNED It! JHlS

5El" Of CDNSliNClltUt DOI:Ulol£ll1'S ISPfl~E.TAR"( !JT NAllJR£. J.H'f I!SEDR OI5ctll51JIlE ona 'lHIoH TMAT~ flIl..,I(rtS 'lQ Sf'1'tHT PR.".m l!i

SlIllCll..V PflQliJamD.

m,coPl.!YOft.ttoo.SfflOEGO."'- ",,1tP>P:1H!E:t!/5e)~F~:{"II-

N01E:

· lltRECI1ONAl. IINfENNA TO 8E PlACED ABCM: IOR: llE1.OW /6, NEEDED

~ ~ NOT USED IIDU~ PiPE TO l!E REllO\'E· All. 1HID4N'S Ala) NlO SIIlf: & tlO11!lWSKIRT ARE TO lIE PMm:tI to W.IDi (E)WATm TfoNK. (£) Noon ANTENNAS, lYP.· AlL 1XlAX .CA9l£S 10 BE 0IlGNl1ZED WITHCIflM 5nW'S

(E) NOOB... ANrolNAS, T1'P. (E) (2) HOf'lIUJNTAJ.. UNISTRUT (E) (2) HO~IZONTAL UNISlRUT- ,-'SPRINi TO RE!'l.AC£ (I) (E) N/tENNA

'SPRINT' TO REPlACE (1) (E) ~NA rCE) T-MOBILE ANTENNAS, lYP. (E) T-MOEULE ANlENW8, 'l'fP.-WfTH (1) ANrENNA ASSEMBLY

WITH (f) AJIITE1'lNA ASSEMBLY(E) #ffi".l<lNAS, 1'tP.

(E) ANlENtfAS. TYP.-(E) M-lIDlNAS, "NP. ,

T.O. (E:l WATm TmK T.O. tEl WATEfl lANI< n r

~I I I I[ ]

~ I ~ -~1

IT.O. (E) &. PROf"OSED ANTENWIS [71~

i T.O. (E) &. PROPOSED ~Nf\SU -I

n ~biru= it!(E) WATER lANK. V I :\'0 ../ \ b

I V \ Vf-

\I

<-l lo V ~END (E) ~CJ. aLE ~ ~..,

I oo-END eEl COo'J( 001£

~~~~~E I-It TRAY'TO CONCW TKE

~ VEl'\T1CAl. COAX cABl..£$../ ~ ~D f-- ~of! 10/11

11IIS'rAlL smAP TO AVOiD D WING OF CABl£S, , ,DRAPING OF' CAB!.ESc r

(E) tlROUNO I J 1\ / t~ t:RMUWl

APPRoX LOCATION or g)--..! L PROPOSED 'SPRlNT' ClAP H€M)APPRO)( LOc;ATION OF (rIJ--..! L PROPOSEO'SPRI"IT' DAP HEAOCOAX CABLE TI1AY RIS COAX CABLE l'AAY RISER

(PROVIOE AnO'1. UNIlRUT/IWO<ET {PR(NiDE: AOO'L U~UT/BRACKrt FOR

FOR "OO1NING. AS REQ'O) J,foU'iNING, AS R£Q'O)

I 1SOUTH ELEVATION ~ 1iAt.Ml""'ltII":O>t~.a- a ,.. r

tiOlt:.

· I'.lftCJ'IONAL ANmrfrIA TO at; PlACED I8f1IE IOR BELOW AS NEEDED· ALI.. NOT IJSf.O~ f>lPE TO 8£. R.ELIO\fE· AlL NflENNAS MID ADO SIIlE .t I'KJm1U!il(lRT AREm BE: PAINIEtf 1l.) 14A~ (£)WArm.TNt!<.· fU. COOt: cA6LE:S 10 BE 0/{(WlfZfD llI1tH 'SmNT' TO REPlACE (1) (~~CIIN SDW'S WITH (1) mTENNA ASSaISikY

(E) Noon. ANTENNAS. TYP,I

(E) ANJ£NNlIS, T'r'P. f(E) (2) HORIiOm"AI... lJNISTRlIT

(E) ANiWIi.'S, TIP. (E) l-~OBILE ANTENWS. iYF'.

T.O. (El WATffi TANK

~ ~ j ~I I ~ l/.l= ~~

I T.O. (E) a: PROPOSED ~rwo

~lJ.f _no, OF PO""""'".l=--- l/ ~(E) WATER TANK.

RACK INSIDE ~E} NEXTEl "0EQWPMtNT S laTER F

"V:\ .

~1(£) COl~~PROPOSED 'SPAIIIIr OIIP HfAO '"TRAY CONCE (fIfttM~ AOO'L F oN

(E)~a:T ~ Yam COAX ~~i UNrmlfT/BRACKET FOr; ~l -- INSfALL STl'lAP MOlJrnING. AS REel'O), OAAPIN Or CAl LES.

I It.l \ J 11'"\ ="",.."

APPROX LOCATION OF {~)JCOAX CABtr TRAY FiISER

WEST ELEVATION ~ iN'U"'"! 2111"":01,,-0'" ... ". -J.'

.- .THE CITY OF SAN D'EGO

REPORT TO THE HEARING OFFICER

HEARING DATE: October 27, 2010 REPORT NO, HO 10-109

ATTEl\TION:

SUBJECT:

LOCATION:

APPLICANT:

SUMMARY

Hearing Officer

SPRINT/CLEARWIRE - SCRIPPS RANCH RESERVOIRPROJECT NUMBER: 3

12214 Chardonnay Street

Sprint/Clearwire

Requested Action - Should the Hearing Officer approve a Conditional Use Permit for amodification to a Wireless Communication Facility (WCF) located at 12214 ChardonnayStreet

Staff Recommendation: Approve Conditional Use Permit No, 696961.

Community Plannin~ Group Recommendation: On May 6, 2010, the Scripps RanchPlanning Group recommended approval (unanimous) of the SprintfC1earwire - ScrippsRanch Reservoir.

Environmental Review: This project is not pending an appeal of the environmentaldetcrmination. This project is exempt from environmental review pursuant to Article 19,Section 15302, Replacement or Reconstruction, The environmental exemptiondetermination for this project was made on November 19, 20~ and the opportunity toappeal that determination ended December 14, 2009, Of{

BACKGROUNDThis project is located on a City water reservoir at 12214 Chardonnay Street within the RS-I-8zone of the Scripps Miramar Ranch Community Planning area, The project consists of anexisting SprintJNextel facility, approved January 8, 2001, consisting of 12 panel antennasmounted to the exterior of the reservoir and a 200 square foot equipment enclosure located on thenorth side of the reservoir. Clearwire is proposing to amend the pennit to add three panelantennas and three microwave dishes to the reservoir and an equipment cabinet within theequipment room area, WCF's are permitted on non-residential uses within residential zones with

Page 1 of 3

a Conditional Use Pennit if the antennas are within lOO-feet of a residentially used property line.

Currently, there are two other wireless carriers on the property: Verizon and T-MobiJe. Adjacentuses include single family residential to the east and west and open space to the nmih and south.

DISCUSSION

Project Description:

Thc project will consist of a total of 12 panel antennas and three microwave dishes mounted tothe exterior of the reservoir. Skirts will be used with the antennas to give the appearance of amore integrated look and the antennas will be painted to match the reservoir. The associatedcables will be covered with chin straps in an effort to present a clean installation. A newequipment cabinet will be located in the existing Sprint/Nextel eqUipment enclosure. The site iselevated approximately 40-feet above the surrounding homes and the property is completelysurrounded by Eucalyptus trees. Visibility of the new antennas will be negligible.

LDC Section 141.0420 states that the applicant shall use all reasonable means to minimize thevisual impacts of the WCF through integration. Integration with existing structures or amongother existing uses shall be accomplished through the use of architecture, landscape architectureand siting solutions. Over the years, antennas have been installed on the reservoir and today theresulting antennas and past mounting methods are in varying states of disarray. With thisapplication, the SprintJClearwire antennas will be updated to current installation requirementsand painted to better integrate with the tank faQadc. Chin straps will be used to hide the cableson the antennas and the existing cable trays will be updated and extended to hide cables also. Aten-year expiration is included in the pelmit so that the project can be reviewed in the future forconformance with current standards.

Conclusion:Staff supports the design as proposed. The antennas will be updated to currcnt installationpractices and all components will be repainted. This project complies with the City's LandDevelopment Code, the Wireless Communication Facility regulations, and the applicable landuse plans. Therefore, Staff recommends approval of this project.

ALTERNATIVES

1. Approve Conditional Use Pennit No. 696961, with modifications.

2. Deny Conditional Use Pennit No. 696961, if the findings required to approve the projectcannot be affirmed.

Page 2 of 3

Respectfully submitted,

Karen Lynch-Ashcraft, Development Project Manager

Attachmcnts:

1. Aerial Photograph2. Community Plan Land Use Map3. Project Lccation Map4. Project Data Sheet5. Draft Permit Resolution with Findings6. Draft Permit with Conditions7. Environmental Exemption8. Copy of Existing Pennit9. Community Planning Group Recommendation10. Ownership Disclosure StatementJ1. Project Chronology12. Photo Survey13. Photosimulations14. Copy of Planning Commission Hearing Notice15. Project Plans

Rev IOJ08 hmd

Page 3 of 3

Aerial PhotoSPRINT/CLEARWIRE - SCRIPPS RANCH RESERVOIR PROJECT

NU MBER 196930

12225 SPRING CANYON ROAD

North

W

-,)o-.~ ... '~. ,. :, "',., i

='-:~, ~~ ,-1 n'\ ~ -- "' .. ' .

;:j.I-:ir ... -',"='_.J.': ....

~I~! I ~~~1-~~ -' ~ ~ . " / -

rl r'" ~"'I":. :,.,-"".,

I, • "~ .... ' •

r;. ~ .•

r1",'.... - ..

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: i"'j;'"

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!; .... ~. a .. ~'<, .

:~ JO • ..... _ .... r ........';

,....''. ,"

-, • <

Project Site

Land Use Plan 195crjpp~ Mlrall~ .. r Ranch ConllnlJtlilV PliH"\ 'IGUFK

12225 SPRING CANYON ROAD

SPRINT/CLEARWIRE - SCRIPPS RANCH RESERVOIR- PROJECT

NUMBER 196930

North

SCRIPPS MIRAMAR RANCH COMMUNITYPLAN MAP

•....B. -

&p'nf'/rJ C.....

• ;t',,'1

;',1:,'-,.'

.0

Spring Canyon Rd

n

Project Site

Project Location MapSPRINT/CLEARWIRE - SCRIPPS RANCH RESERVOIR- PROJECTNUMBER 196930

12225 SPRING CANYON ROAD

ATTACHMENT 4

PROJECT DATA SHEETPROJECT NAME: Sprint/Ck"rwire - Scripps Ranch Reservoir

PROJECT DESCRIPTION: Modific"tion of an existing wireless communication faci lityto add six antennas and update existing antcnnas and 3dd acabinet lO the existing 200 square foot enclosure.

COMMUNITY PLAN Scripps Miramar RanchAREA:

DISCRETIONARY Conditional Use Permit.ACTIONS:

COMMUNITY PLAN LAND Open Space,USE DESIGNATION:

ZONING INFORMATION:

ZONE: RS- 1-8

HEIGHT LIMIT: 35-Foot maximum height limit.

FRONT SETBACK: 25 feel.

SIDE SETBACK: 10 feet.

REAR SETBACK: ]() feet.

LAND USE EXISTING LAND USEDESIGNAnON &

ADJACENT PROPERTIES: ZONE

NORTH: Open Space; RS-1-8. Open Space

SOUTH: Open Space; RS-1-8. Open Sp"ce

EAST: Residenti"l (3-'; du/"c); Single-Family Resident1alRM-I-L

WEST: Residential (5-10 dulac); Siogle-Family ResidentialRS-I-L'l,

DEVIAnONS OR None.VARIANCES REQlJESTED:

COMMUNITY PLANNING On May 6,2010, the Scripps Ranch Planning Group votedGROUP unanimoLlsly to approve this prOlect, with no conditions.RECOMMENDAnON:

ATTACHMENT 5

HEARING OFFICERRESOLUTION NO.

CONDITIONAL USE PERMIT NO. 696961SPRINTfCLEARWlRE - SCRIPPS RANCH fCLEARWlRE

PROJECT NO. 196930DRAFT

WHEREAS, City of San Diego. Owner and SprintlNextel and Clearwire, Permittees, filed an applicationwith the City of San Diego for a penni1for a wireless communication facility (as described in and byreference to the approved Exhibits "A" and corresponding conditions of approval for the associatedPermit No. 696961. on portions of a 1.67 acre site;

WHEREAS, the project site is located at 12225 Spring Canyon Road in the RS-1-8 zone of the ScrippsMiramar Ranch Community Planning area;

WHEREAS, the project site is legally described as Lot 891 of Scripps Ranch Unit No. 11 according toMap thereof No. 8223 in the City of San Diego. County of San Diego, State of California.;

WHEREAS, on October 27, 2010, the Hearing Officer of the City of San Diego considered ConditionalUse Permit No. 696961, pursuant to the Land Development Code of the City of San Diego;

WHEREAS, on November 19, 2009, the City of San Diego, as Lead Agency, through the DevelopmentServices Department, made and issued an Environmental Detennination that the project is exempt fromthe California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et. seq.) underCEQA Guideline Section 15302. Replacement or Reconstruction; and there was no appeal of theEnvironmental Determination filed within the time period provided by San Diego Municipal CodeSection 112.0520;

BE IT RESOLVED by the Hearing Officer of the City of San Diego as follows:

That the Hearing Ottlcer adopts the following written Findings, dated October 27. 2010.

FINDINGS:

Findings for Conditional Use Permit Approval- Section §126.0305

(a) The proposed development will not adversely affect the applicable land useplan;

Section A.15 of the Urban Design section of the City of San Diego's General Plan addresses WirelessFacilities. The intent is to minimize the visual impact of wireless facilities. The General Plan statesthat wireless facilities should be concealed in existing structures when possible, or otherwise usecamouflage and screening techniques to hide or blend the facilities into the surrounding area. In thisparticular case, Sprint currently has antennas on the City-owned reservoir. Clearwire is requesting toadd antennas and update the existing Sprint antennas. All components will be repainted to blend inwi th the reservoir.

ATTACHMENT 5

The General Plan also states that facilities should be designed to be "aesthetically pleasing andrespectful to the neighborhood context." There is an approximate elevational difference between thereservoir site and the surrounding residential area of 40-feet and the entire reservoir site is surroundedby mature Eucalyptus trees. which provides screening for the antennas.

The Scripps Miramar Ranch Community Plan does not address WCF s as a specific land use. Thegoal of the WCF regulations is to integrate facilities into the setting in which they are proposed.Utilizing an existing vertical element that is part of the neighborhood landscape is alwaysrecommended especially when there is such a great elevational difference and existing mature treessurrounding the site.

(h) The proposed development will not be detrimental to the public health, safety,and welfare;

The Telecommunication Act of 1996 preempts local governments from regulating the "placement,construction and modification of wireless communication facilities on the basis of the environmentaleffects of Radio Frequency (RF) emissions to the extent that such facilities comply with the FederalCommunication Commission's (FCC) standards for such emissions." The proposed project would beconsistent with the FCC's regulations for wireless facilities. To insure that the FCC standards arebeing met, a condition has been added to the pennit that requires Sprint and Clearwire to submit anRF study to demonstrate compliance with the applicable FCC regulations prior to building permitissuance. Therefore, based on the above, the project would not resul t in any significant health orsafety risks to the surrounding area within matters of the City's jurisdiction.

(c) The proposed development will comply to the maximum extent feasible withthe regulations of the Land Development Code; and

Sprint currently has antennas on the reservoir that were approved in 2001. Clearwire is nowrequesting to add antennas to each of Sprint's three sectors in order to provide WiMax services toresidents surrounding the Scripps Ranch Reservoir. The project complies with all developmentregulations for the RS-1-8 zone and it complies with the Wireless Communication Facilityregulations, LDC Section 141.0420, which requires WCF's to be minimally visible through theuse of architecture, landscape architecture and siting solutions.

(d) The proposed use is appropriate at the proposed location.

Council Policy 600-43 outlines preference levels for Wireless Communication Facilities whereresidential properties are the least preferred and non-residential properties are more preferred.This project is considered a Preference 2 Location, which is a more preferred when carriers needto provide coverage in areas that are entirely residential. The preference then would be to utilizenon-residential uses such as a reservoir. In this case. the elevation of the reservoir isapproximately 40 feet higher than surrounding properties and the entire perimeter of the propertyis lined with mature Eucalyptus trees. Fa~ade mounted antennas on the reservoir will be wellscreened by the trees and because the project site is much higher than the surrounding properties,the visual impact is particularly minimized. Therefore, the Sprint/C1earwire project is appropriateat this location.

2

ATTACHMENT 5

BE IT FURTHER RESOLVED that, based on the findings hereinbefore adopted by the Hearing Officer,Conditional Use Pennit No. 696961 is hereby GRANTED by the Hearing Officer to the referencedOwner/Permittees, in the form, exhibits, terms and conditions as set forth in Permit No. 696961, a copyof which is attached hereto and made a part hereof.

Karen Lynch-AshcraftDevelopment Project ManagerDevelopment Services

Adopted on: October 27, 2010

Job Order No 24000375

3

ATTACHMENT 6

RECORDING REQUESTED BYCITY OF SAN DIEGO

DEVELOPMENT SERVICESPERMIT INTAKE, MAIL STATION 501

PROJECT MANAGEMENTPERMIT CLERK

MAIL STATION 501Delete one of the above.

SPACE ABOVE THIS LINE FOR RECORDER'S USEIKTERNAL ORDER NUMBER: 24000375

CONDITIONAL USE PERMIT NO. 696961SPRINT/CLEARWIRE - SCRIPPS RANCH RESERVOIR

PROJECT NO. 196930HEARING OFFICER

DRAFT

This Conditional Use Permit No. 696961 is granted by the Hearing Officer of the City of SanDiego to City of San Diego, Owner, and SprintINextel and Clearwire, Pennittees, pursuant toSan Diego Municipal Code [SDMC] section 141.0420. The 1.67-acre site is located at 12225Spring Canyon Road in the RS-I-8 zone of the Scripps Miramar Ranch Community Planningarea. The project site is legally described as: Lot 891 of Scripps Ranch Unit No. 11 according toMap thereof No. 8223 in the City of San Diego, County of San Diego, State of California.

Subject to the terms and conditions set forth in this Pennit, pennission is granted toOwner/Pennittees for a wireless communication facility described and identified by size,dimension, quantity, type, and location on the approved exhibits [Exhibit "A"] dated October 27,2010, on file in the Development Services Department.

The project shall include:

a. A total of IS antennas mounted on the Scripps Ranch Reservoir in three sectors asfollows: Sprint will have three sectors of three panel antennas each for a lotal of nineantennas; Clearwire will have one microwave dish and one pane] antenna in each of thethree sectors for a total of six antennas:

b. An existing 200 square foot equipment shelter containing Sprint and Clearwireequipment;

Page 1 of 6

ATIACHMENT6

c. Public and private accessory improvements determined by the Development ServicesDepartment to be consistent with the land use and development standards for this site inaccordance with the adopted community plan, the California Environmental QualityAct [CEQA] and the CEQA Guidelines, the City Engineer's requirements, zoningregulations, conditions of this Permit, and any other applicable regulations of theSOMe

STANDARD REQUIREMENTS:

L This permit must be utilized within thirty-six (36) months after the date on which all rightsof appeal have expired. If this permit is not utilized in accordance with Chapter 12, Article 6,Division 1 of the SDMC within the 36 month period, this permit shall be void unless anExtension of Time has been granted. Any such Extension of Time must meet all SDMCrequirements and applicable guidelines in effect at the time the extension is considered by theappropriate decisi on maker.

? This Conditional Use Permit and corresponding use of this site shall expire on October 27,2020, Upon expiration of this Permit, the facilities and improvements described herein shall beremoved from this site and the property shall be restored to its original condition precedingapproval of this Permit unless the applicant of record files a new application for a facility whichwill he subject to compliance with all regulations in effect at the time.

3. No later than ninety (90) days prior to the expiration of this permit, the Owner/Permitteesmay submit a new application to the City Manager for consideration with review and a decisionby the appropriate decision maker at that time. Failure to submit prior to the deadline will because for compliance, which may include penalties and fines.

4. Under no circumstances, does approval of this permit authorize (insert applicant name) ortheir tenants to utilize this site for wireless communication putposes beyond the permitexpiration date, Implicit use of this permit beyond the effective date of this permit is prohibited.

5. No permit for the construction, occupancy, or operation of any facility or improvementdescribed herein shall be granted, nor shall any activity authorized by this Permit be conductedon the premi ses until:

a. The Owner/Permittees signs and returns the Permit to the Development ServicesDepartment; and

b. The Permit is recorded in the Office of the San Diego County Recorder.

6. While this Permit is in effect, the subject property shall be used only for the purposes andunder the terms and conditions set forth in this Permit unless otherwise authorized by theappropriate City decision maker.

Page 2 of 6

ATTACHMENT 6

7. This Pennit is a covenant running with the subject property and all of the requirements andconditions of this Permit and related documents shall be binding upon the Owner/Permittees andany successor(s) in interest.

8. The continued use of this Permit shall be subject to the regulations of this and any otherapplicable governmental agency.

9. Issuance of this Permit by the City of San Diego does not authorize the Owner/Permitteesfor this Permit to violate any Federal, State or City laws, ordinances, regulations or policiesincluding, but not limited to, the Endangered Species Act of 1973 [ESA] and any amendmentsthereto (16 U.S.c. § 1531 et seq.).

10. The OwnerlPermittees shall secure all necessary building pennits. The Owner/Permitteesis informed that to secure these pennits, substantial building modifications and siteimprovements may be required to comply with applicable building, fire, mechanical, andplumbing codes, and State and Federal disability access laws.

II. Construction plans shaJ] be in substantial conformity to Exhibit "A." Changes,modifications, or alterations to the construction plans are prohibited unless appropriateapplication(s) or amendment(s) to this Permit have been granted.

12. All of the conditions contained in this Permit have been considered and were detennined­necessary to make the findings required for approval of this Pennit. The Permit holder isrequired to comply with each and every condition in order to maintain the entitlements that aregranted by this Permit.

If any condition of this Permit, on a legal challenge by the OwnerlPennittees of this Permit, isfound or held by a court of competent jurisdiction to be invalid, unenforceable, or unreasonable,this Permit shaJ] be void. However, in such an event, the OwnerlPermittees shall have the right,by paying applicable processing fees, to bring a request for a new pennit without the "invalid"conditions(s) back to the discretionary body which approved the Permit for a determination bythat body as to whether aJ] of the findings necessary for the issuance of the proposed permit canstiJ] be made in the absence of the "invalid" condition(s). Such hearing shall be a hearing denovo, and the discretionary body shan have the absolute right to approve, disapprove, or modifythe proposed pennit and the condition(s) contained therein.

13. The OwnerlPcrmittees shall defend, indemnify, and hold harmless the City, its agents,officers, and employees from any and all claims, actions, proceedings, damages, judgments, orcosts, including attorney's fees, against the City or its agents, officers, or employees, relating tothe issuance of this permit incl uding, but not limited to, any action to attack, set aside, void,challenge, or annul this development approval and any environmental document Or decision.The City will promptly notify OwnerlPermittees of any claim, action, or proceeding and, if theCity should fail to cooperate fully in the defense, the OwnerlPermittees shall not thereafter beresponsible to defend, indemnify, and hold harmless the City or its agents, officers, andemployees. The City may elect to conduct its own defense, participate in its own defense, orobtain independent legal counsel in defense of any claim related to this indemnification. In the

Page 3 of 6

ATTACHMENT 6

event of such election, Owner/Permittees shall pay all of the costs related thereto, includingwithout limitation reasonable attorney's fees and costs, In the event of a disagreement betweenthe City and Owner/Permittees regarding litigation issues, the City shall have the authority tocontrol the litigation and make litigation related decisions, including, but not limited to,settlement or other disposition of the matter, However, the OwnerfPermittees shall not berequired to payor perform any settlement unless such settlement is approved byOwnerfPermittees.

ENGINEERING REQliIREMENTS:

14. Prior to the issuance of any construction permits, the Owner/Permittees shall incorporateany construction Best Management Practices necessary to comply with Chapter 14, Article 2,Division I (Grading Regulations) of the Municipal Code, into the construction plans orspecifications.

15. Prior to the issuance of any construction permits, the OwnerfPermittees shall submit aWater Pollution Control Plan (WPCP). The WPCP shall be prepared in accordance with theguidelines in Appendix E of the City's Storm Water Standards.

LA]\ll)SCAPE REQUIREMENTS:

16. Existing landscape material, as shown on Exhibit "A" photos, act to screen views of theequipment shelter, Landscape material shall be maintained in a healthy living condition. PriortQ removal of landscape screening, the Owner or Permittees shall provide evidence to L'1eDevelopment Services Department that equipment shelters will be sufficiently screened byreplacement landscape material or by other means, to the satisfaction of the DevelopmentServices Department. Significant changes to the existing landscape may require a SubstantiulConformance Review or permit amendment.

PLANNINGIDESIGN REQUIREMENTS:

17. All antennas and mounting apparatus shall be painted to match the reservoir.

18. No mounting pipes may be longer than the antennas they are supporting.

19. All antennas shall utilize skirts and chin straps as illustrated in Exhibit A, dated October 27,2010. No exposed cables are pennitted.

20. At no point in time, shull the approved antennas be different in size, other than those shownon the approved Exhibit A.

21. Prior to the issuance of a construction permit, the telecommunication provider shall providea certified cumulutive radio frequency model study demonstrating compliance with the FederalCommunications Commission's Radio Freq uency Guidelines. All significant contributors to theambient RF environment should be considered in the radio frequency model study.

Page 4 of 6

ATTACHMENT 6

22. All equipment, including transformers, emergency generators and air conditionersbelonging to Sprint or Clearwire shall be designed and operated consistent with the City noiseordinance. Ventilation openings sball be baffled and directed away from residential areas.Vibration resonance of operating equipment in the equipment enclosures shall be eliminated.

23. All facilities and related equipment shall be maintained in good working order and freefrom trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shallbe repaired or replaced within thirty (30) calendar days.

24. Once this site is deemed complete from construction, the Permittees is required to send aletter (Subject: Planning Inspection Project Number 196930) to the City of San Diego,Development Services Department requesting for a planning inspection. The site is officiallydeemed complete once the City Manager signs the letter. The applicant shall be provided with acopy of the signed letter for record purposes.

25. Sprint and/or Clearwire is responsible for notifying the city prior to the sale or takeover ofthis site to any other provider or if the site is no longer operational resulting in the removal andthe restoration of this site to its original condition.

26. A topographical swvey conforming to the provisions of the SDMC may be required if it isdetermined, during construction, that there may be a conflict between the building(s) underconstruction and a condition of this Permit or a regulation of the underlying zone. The cost ofany such survey shall be borne by the OwnerlPermittees.

27. All private outdoor lighting sball be shaded and adjusted to fall on the same premiseswhere such lights are located and in accordance with the applicable regulations in the SDMC.

INFORMATION ONLY:

• The issuance of this discretionary use permit alone does not allow the immediatecommencement or continued opcration of the proposed use on site. Thc operation allowedby this discretionary use permit may only begin or recommence after all conditions listedon this permit are fuUy completed and all required ministerial permits have heen issued andreceived final inspection.

• Any party on whom fees, dedications. reservations, or other exactions have been imposedas conditions of approval of this Permit, may protest the imposition within ninety days ofthe approval of this development permit by filing a written protest with the City Clerkpursuant to California Government Code-section 66020.

• This development may be subject to impact fees at the time of construction permitIssuance.

APPROVED by the Hearing Officer of the City of San Diego on October 27, 2010 by ResolutionNo. _

Page 5 of 6

ATTACHM:El\T 6

Permit TypefPTS Approval No.: CUP No. 696961Date of Approval: October 27.2010

AurHE~TlCATEDBY THE CITY OF SAN DIEGO DEVELOPMENT SERVICESDEPARTMENT

Karen Lynch-AshcraftDevelopment Project Manager

NOTE: Notary acknowledgmentmust be attached per Civil Codesection 1189 et seq.

The undersigned OwnerlPermittees, by execution hereof, agrees to each and every conditionof this Permit and promises to perform each and every obligation of Owner/Permitteeshereunder.

SprintiNextelPermittee

By _

NAMETITLE

NOTE: Notary acknowledgmentsmust be attached per Civil Codesection 1189 et seq.

City of San DiegoOwner

By ...,..,.- _David Sandoval, CCIMDeputy Director, Real Estate Assets

ClearwirePermittee

By _NAMETITLE

Page 6 of 6

NOTICE OF EXEMPTION ATTACHMENT 7

TO: X RECORlJERlCOUNTI CLERK

1',0. Box 1750, MS A·331600 PACIFIC HWY, ROOM 260SAN DIEGO, CA 92101-2422

___OFFiCE OF PLANN[NG AND RESEARCH

J400TENTH STReET, ROOM 121SACRAMENTO, CA 95814

FROM: CITY OF SAN DIEGO

DEVELOPMENT SERVICES DEPARTMENT

1222 FIRST AVENUE, MS 501SAN DIEGO,CA 92101

PROJECTNo.: 196930 PROJECT TITLE: Sprtnl Clearwire Spring Canyon WT

P!l,QJECTLOCATTON-SPEClFIC: 12214 ChardolUlay Street, San Diego, CA

PROJECT LOCA'fION-CITY/COUNTY: San Diego/San Diego

DESCRIPTION OF NATU~l:: AND PURPOSE OF THE PROJECT; Conditional Use Pennit to modify an existing unmanned wirelesscommunication facility (WCF) on an existing water lank, The project consists ofthe replacement of Wimax equipment locatedinside an existing telecom equipment sheller, replace three (3) e"isting antennas with three (3) Wimax antenna assemblies; a[Jdinstall one (1) GPS antenna. The antennas would be instatled around the top of the water tower, at the north, southeasl, andsoutllwest facades. The equipment s bel ter is located to the northwest of the water tower at ground level. The project is located at12214 Chardonnay Street, in the RS-I-8 Zone, within the Scripps Miramar Ranch Community Plan area.

NAME OF PUBLIC AGENCY API'ROVING PROJECT: City (lfSan Diego

NAME OF PERSON OR. AGENCY CAR.RYING OuT PROJECT: Mike McNelly, Clearwire4400 Carillon PointKirkland, WA 98033619-454-1839

EXEMPT STATUS; (CHECK ONE)() MINISTERLAL(SEc, 2IOSO(b)(l}; 15268);() DECLARED EMERGENCY (SEC, 21080(b)(3); 15269(a»;() EMERGENCYPROJECT(SEC.2IOBO{b)(4); 15269 (b)(c})(./) CATEGO[UCAlExEMPTION: 15302: REPLIlCEMENTORREcoNSnwcllof>l

REASONS WHY PROJECT IS EXEMPT: The proposed project would not have the potential for causing a significant effect on Hieenvironment, as the project proposes IV replace existing telecom equipment with new equipment, with subslantially the samepurpose of the existing equipment. None of the exceptions described in CEQA Guidelines Section 15300.2 apply, and the projecthas no potential to result ill significant effect on the environment,

LEAD AGENCY CONTACT PERSON; M. Blake TELEPHOl\E: (619) 446-5375

iF FJLED BY AI'F'L1CANj;

1. AITACH CERTIl"IED DOCUMENT OF EXEMPTION FrNDlNG.

2. HAS A NOTlCE OF EXEMPTION BEEN rILED BY TIlE PUBUC AGENCY APPROVING THE PROJEcT?

( ) YES ( ) No

IT lS HEREBY CERTIFIED THAT THE CITY OF SAN DIEGO HAS DETERM"lNED THE ABOVE ACTIVIT\' TO 6E EXEMPT FROM CEQA

SlGNA11JRP'TlTLE DATE

CHECK ONE:

(X) SIGNED By LEAD AGE~CY

( ) SIGNED BY APPLlCANT

DATE RECEJVED FOR FILING wmf COUNTY CLERK OR OPR:

THE: CITY OF SAN DIEGO

ATTACHMENT 8

Date: January 08,2001

Applicant: Terina McCandlessNe1ctel Communication - Spring Canyon Reservoir5761 Copley Drive, Suite 100San Diego, CA 92111

Permit No.: 94-0330-97 Telecommunication Antenna Approval

Address: 12225 Spring Canyon Road, San Diego, CA 92131

Subject PROPOSED MINOR TELECOMMUNICATION FAClLITY

The Planning & Development Review has determined that this proposal does not substantiate amajor telecommunication facility and therefore will not be required to proceed with theConditional Use Permit (Process Three) This decision is based on the City of San Diego's LandDevelopment Code, Section 141.0404. Communication Antennas. This proposal has beenreviewed with the California Environmental Quality Act (CEQA) and has been determined to beexempt per California Public Resource Code Section 15268 (Ministerial Projects).

PlaMing and Development Review grants APPROVAL of your application subject to thefollowing:

• The facility shall be designed and constructed in accordance with the approvedExhibit "A", dated January 08,2001. No modification or alteration shall bepermitted to the approved exhibit "A" unless revised plans are submitted andapproved by the Planning and Development Review Department.

• The facility win consist of a total of twelve antennas mounted below existing PacBell antennas on the existing water tank facility All proposed cable and wiringassociated with the antennas located on the roof shall be painted to match theexisting tank facility.

• The facility shall include a 200 square foot outdoor equipment enclosure located tothe nonh ofthe tank facility The equipment storage will house up to threeequipment cabinets and associated electronic equipment.

Planning and DevJlopment Review1111 Fio! A"nue, MS 501' Snn Diogo, (A 121UH155

r.1 [6191 446,5~60

ATTACHMENT 8

• This approval and corresponding use of this site shall expire on January 8, 2011.Upon expiration of this approva~ the facilities and improvements described hereinshan be removed from this site and the property shall be restored to it's originalcondition preceding approval of this permit

Prior to the expiration date of this approva~ the Permit Holder may request anAdministrative Extension of Time to the permit for an additional ten years. AnAdministrative Extension ofTime may be granted by Planning and DevelopmentReview Department if it is determined that no material change in circumstance hasoccurred that would effect the validity of the permit as a MinorTelecommunication facility.

All work authorized by this permit shall be in conformance with the description of work containedherein and as indicated on the plans submitted to the Building Services Division and stamped withthe Planning & Development Review "CONFORMS" stamp. All modifications to this structure orsite not directly approved by this pennit shall require further review by Planning & DevelopmentReview Department. Building permits must be obtained within six months from the date of thisapproval or this authorization shall be null and void.

S2~LJ>mmY:!..AlCPProject ManagerPlanning and Development Review Department

2

ATTACHMENT 9

Scripps Ranch Planning Groupwww.scIippsranchplannine.blogspot.com

DRAFf MEETING MINUTESS

Thursday, May 6, 2010 at 7:00 p.rn.Scripps Ranch Community Library - Community Room

10301 Scripps Lake Drive, San Diego, CA 9],131(858) 538-8158

I. Welcome!Call to order: 7:05pmA. Roll Call: Tamar Silverstein, Todd Philips, John Lowe, Bob Petering, Paul Vaughan, Natalia Moorehead,Marvin Miles, Marc Sorenson, Angela Parker Brown, Karen Ringel, Jennifer Wilson, Elizabeth Hanson, BobIlko, Mike Asaro, John Lyons, Mike Butcher, Gordon Boerner

Excused Absent: Mike Page, Jim Patemiti, Julie Ellis,

B. Modifications to Agenda: None

n. Non-Agenda Public CommentDorothy Stout on Elderwood Lane, concerning the Median on east end. Kelly will follow-up with this issue.Karen from Caltrans gave an 1-15 construction update: Northbound Off Ramp from Pomerado Roadimprovements installed, two right tum lanes also. In early June 5-6 water line work. Closures will have signageposted.

III. AnnouncementsA. Councilman Carl DeMaio (Kelly Batten)

1. Budget Hearings on-going for next fiscal yearii. Spring Cleaning was very successful this year, SK pounds of e-waste recyclediii. Neighborhood Watch interest increasing due to increase in burglaries in RB and SR. Kick-off

meeting scheduled for lOJunl0, Register with neighborhood watch to receive emails about thisinformation.

IV. Spring Canyon Road emails acknowledged and sent response from city.v. Eucalyptus Tree FEMA Grant update (cut up to 3 inches in diameter for fire safety.

recommendation from fire chief. See maps for exact locations, timelines and dates.B. Miramar Ranch North Planning Committee (Bill Crooks)

Update from last meeting; Med-Impact updnte coming August 2010. Spring Canyon meeting held.e. MCAS Miramar Update (Juan Lias)

i. Dept. of Navy Draft EIS for Joint Strike Fighter will be released soon, sllly tuned for updates.

IV. Informalion Reports, Presentations & DiscussionA. Chairperson's ReponB. Spring Canyon Road SRCA Forum Update (T. Philips)

i. RIlko gave the presentation/overview and history and shared counts On the emails fromcommunity members that were in opposition not the ones for the proposal. Presented preferredaltemati ves.

u. Each attendee was given an opportunity to voice their opinions, row by row, Session went from7:30pm~8:30pm. Approximately 35-40 people were against narrowing of the road and againstadding trafflc lights. Then SRPG members gave their opinions and vote for another 30 minutes.Proposal for the 2 Planning groups to get together and have an adhoc meeting and bring it backas an action item on the Agenda in June 2010.

Do nothing or create tl1e 2 lane narrowing, regardless both plans include the light at Spruce Lane.iii. Motion/2"': Ilko /Mooreheadiv. Proposal: Reconsider decision and place it as an action item on June 2010 SRPG agenda.v. Vote: Unanimous

C. Giant Grove Update (B. IlkolM. Sorensen)The Giant Grove is open for use. The road is accessible.

1 1

ATTACHMENT 9

MAD- cut down trees at Brookwood, because a tree fell over onto a house during a Slonn. The city removedthe lrees, especially the 80ft tall Eucalyptus Trees that were in a shallow rooted stream bed. Eileen informedus TRIP will be out in Scripps Ranch less often, due to funding cut backs in tree service.

V. Action ItemsA. Sprint Clearwire - Spring Canyon Water Tank (B. Siskowski)

Becky presented information about adding the 4'" antennae that has already been approved.Motion/2"d: nkolLyonsApprove 40 antennae on water tank.Vote: Unanimous

B. Scripps Lake Dr.iMiramar Lake entrance Parking and Re-striping (T. Philips)MOlion/2"d: IlkoiVaughanProposal: Recommend Class II bike lane, adding parking from filtration plant entrance towards easl, re­stripe west lane and add extra bike width,Vote: 9-6-1 Passes

C. Large Truck Prohibition on Pomerado Road (T. Philips)Only needs a request, put up a sign coming out of Poway, No trucks over 10 tOnS. SRPG does not have totake a position on this issue. B.IIko will send him a note about how to submit this request. Send arecommendation to Steve Denny. No action taken.

VI. Approval of MinutesA. April I, 20 IO MinutesMotion/2'd: Gordon/SorensonVote: 14-0-2Minutes approved.

VII.A.B.C.

Committee ReponsSR LMD-MAD (M. Sorensen) - UpdateMCAS Miramar (1. Palerniti) - No Updateepc (T. Philips) - No Update

VllI. Adjournment 9: 21prn

*Nole lime-specific items.

2 2

ATTCHMENT 10

DEVELOPMENT SERVICESProject Chronology

SPRINT/CLEARWIRE - SCRIPPS RANCH RESERVOIRCONDITIONAL USE PERMIT- PROJECT NO. 196930

City ApplicantDate Action Description Review Response

Time Time

10/29/09 First Submittal Project Deemed Complete

11/19/09 CEQA Exemption 21 days

12/8/09 Fi rst Subminal Initial Review completed I month,Assessment Letter 9 days

3/23/1 0 Second Submittal 3 months,15 davs

4/21/10 Second Assessment 29 daysLetter

6/17/10 Third Submittal I month, 27days

7Il4fl 0 Third Assessment 1 month,Letter 7 days

9/24/10 Fourth Submittal 2 months,10 days

9/24110 Issues Resolved 1 day

10/27110 Hearing Officer 1 month,Hearing 3 days

TOTAL STAFF TIME** 4 months,19 days

TOTAL APPLICANT TIME** 7 months,22 days

TOTAL PROJECT RUNNING From Deemed Complete to 11 months, 28 daysTIME** Planning Commission Hearing

**Based on 30 days equals to one month.

~. .

F . . .... •,-: -::~-,' ,., ."

1 1

ATTACHMENT 11

ATTACHMENT 11

2 2

ATTACHMENT 11

3 3

ATTACHMENT 11

4 4

ATTACHMENT 11

5 5

Sprint-Together with NEXTEl

CA-SDG5173ASPRING r:ANYON WATER

1 ZZZ5 S,.RINI3 CANYON ROAD SAN DIEGO CA 921:'l]

~~n~I~~U~~~,~. A£SlRls.COnl

877.!lAE.slms

~oI?:mZ--I

Sprint·Together with NEXTEl

CA-SDG5173ASPRING CANYON WATER

12225 SF'I>JNG CANYON R.,AO SAN 01""'0 CA 92131

~~~I'~J,~~~:~ AEslms.eom

877.9AE.sims

~:l=>oIs::mz--l

ATTACHMENT 13

THE ClTY OF SAN DIEGO

DATE OF NOTICE: October 13, 2010

NOTICE OF PUBLIC HEARINGHEARING OFFICER

DEVELOPMENT SERVICES DEPARTMENT

DATE OF HEARING:TIME OF HEARING:LOCATION OF HEARING:

PROJECT TYPE:PROJECT NO:PROJECT NAME:APPLICANT:COMMUNITY PLAN AREA:COUNCIL DISTRICT:

CITY PROJECT MANAGER:PHONE NUMBERIE-lVIAIL:

October 27, 20108:30 A.M.Council Chambers, 12th Floor, City Administration Building,202 C Street, San Diego, California 92101Conditional Use Permit, CEQA Exempt, Process 3196930SPRINT/CLEARWIRE - SCRIPPS RANCH RESERVOIRBecky Siskowski, DePratti, Inc.Scripps Miramar RanchDistrict 5

Karen Lynch-Ashcraft, Development Project Manager(619) 446-5351 klvnchash@sandiego.gov

As a property owner, tenant, or person who has requested notice., please be advised that the Hearing Officerwill hold a public hearing to approve, conditionally approve, or deny an application for a wirelesscommunication facility consisting of a modification to an existing project located on the Scripps RanchReservoir at 12225 Spring Canyon Road.

The decision of the Hearing Officer is final unless appealed to the Planning Commission. In order to appealthe decision you must be presenl at the public hearing and file a speaker slip concerning the application orhave expressed interest by writing to the Hearing Officer before the close of the public hearing. The appealmust be made within 10 working days of the Hearing Officer's decision. Please do not e-mail appeals as theywill not be accepted. See Infornlation BulJetin 505 "Appeal Procedure'" available atwww.sandie£o.2ov/deve]opmen1-services or in person at the Development Services Department. located at1212 First Avenue, 3rd Floor, San Diego, CA 92101

The decision made by the Planning Commission is the final decision by the City.

ATTACHMENT 13

This project was detelmined to be categorically exempt from the Califomia Environmental Quality Act onNovember 19,2009 and the opponunity to appeal that determination ended December 3, 2010.

If you wish to challenge the City's action on the above proceedings in COUIt, you may be limited to addressingonly those issues you or someone else have raised at the public hearing described in this notice, or written incorrespondence to the City at or before the public hearing. If you have any questions after reviewing thisnotice, you can call the City Project Manager listed above.

This infOlmation will be made available in alternative formats upon request. To request an agenda inalternative format Or to request a sign language or oral interpreter for the meeting, call Support Services at(619) 321-3208 at least five working days prior to the meeting to insure availability. Assistive ListeningDevices (AW's) are also available for the meeting upon request.lmemal Order Number: 24000375.

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