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THE CITY OF SAN DIEGO

REPORT TO THE PLANNING COMMISSION

DATE ISSUED:

ATTENTION:

SUBJECT:

OWNER! APPLICANT:

SUMMARY

August 5, 2010 REPORT NO. PC-I 0-070

Planning Commission, Agenda of August 12, 2010

SPRINTICLEARWIRE - UPAS I PROJECT NO. 199584 PROCESS 4

Upas Homeowners Association! SprintJClearwire

Issue(s): Should the Planning Commission approve a Wireless Communicati0:1 Facility located at 666 Upas Street within the Uptown community planning area?

Staff Recommendation: Approve Conditional Use P~r:l1it No. 700236.

Community Planning Group Recommendation: Or, May 4, 2010, the Uptown Planners voted13-0-1 to recommend approval of the Sr-:intJClearwire- Upas project (Attachment II).

Environmental Review: This project was determined to be exempt per the Categorical Exemption for Existing Facilities, Section 15301 in acco rdance with State of California Environmental Quality Act (CEQA) Guidelines. This :;Jfoject is not pending an appeal of the environmental determination. The environmental exemption determination for this project was made on February 12, 2010, and the opponunity to appeal that determination ended March 1,2010 (Attachment 7).

Fiscal Impact Statement: SprintlClearwire is the financially responsible party for this project and is responsible for costs associated with processing this project.

Code Enforcement Impact: None.

Housing Impact Statement: None.

BACKGROUND

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A petmit for a Wireless Communication Facility (WCF) at this location was originally issued to Sprint in 2001 for six panel antennas and a 280 square foot equipment enclosure on the roof top behind the existing parapet wall at 666 Upas Street (Attachment 10). The original Sprint permit contains an expiration date of February 16, 2011, and SprintiClearwire has submitted this application for a CUP to allow some modifications to the facility and the ability to continue operating at this location.

The project site is located in the :MR-400 Zone of the Mid-Cities Planned District (Attachment 1). The Land Use Map of the Uptown Community Plan designates the site for "Very High Density Residential 6" at a density range of 73-11 0 dwelling units per acre (Attachment 2). Surrounding uses include Balboa Park to the south, single-family residential to the east and multi-family residential to the west and north (Attachment 3).

WCF's located within a residential zone are petmitted with a Conditional Use Petmit (Process 4). The proposed project is consistent with all development regulations of the MR-400 Zone and no deviations are required to approve the proposed project (Attachment 6).

DISCUSSION

The project site includes a sixteen story multi-family residential condominium complex. Sprint currently has three panel antennas fa9ade mounted to the mechanical penthouse and three antennas behind an FRP screen box on the building fa9ade with associated equipment cabinets on the roof deck of the penthouse (Attachment 9). SprintiClearwire is now proposing to replace two panels on each of the two sectors and add three microwave dishes behind the existing mechanical screen. A new equipment cabinet would be added to the existing equipment enclosure, which currently houses three cabinets. No outward changes in appearance are proposed. The existing cabinets are not visible from any grounded vantage point. The existing and proposed panel antennas on the northern elevation simulate the design of the mechanical penthouse and are nearly invisible from any appreciable distance blending with the structure. The existing FRP screen box on the eastern elevation also would have no outward change in appearance. Two panels would be removed from the existing mechanical screen on top of the parapet and replaced with FRP panels to fully screen the new microwave dishes.

Wireless Communication Facilities (WCF) are petmitted throughout the City as a separately regulated use by the Wireless Communication Facility regulations, in accordance with Land Development Code (LDC) section 141.0420.

Council Policy 600-43, "Wireless Communication Facilities," assigns preference levels to the locations of WCE This policy encourages these facilities be located away from residential uses. Typically, WCF proposed in non-residential zones, such as commercial or industrial, are considered more preferable than those located in residential zones. To encourage carriers to locate in non-residential zones, projects proposed in those areas are permitted with a lower approval process level, such as a Limited Use or Neighborhood Use Petmit. In this case, the WCF is existing and has operated with no complaints for the past ten years. The facility is on the

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roof top away from the residents in the building and an on-air Radio Frequency report will be required prior to any building pennits being issued.

The proposed project complies with LDC Section 141.0420, which requires a project to be designed to integrate with the structure on which it is proposed through the use of architecture, landscape design and siting solutions. The existing and proposed antennas would be located either on the penthouse or the building more than 170 feet above the street grade (Attachment 9). The antennas are facade mounted and covered with RF screen boxes. The existing and proposed facility would not be visible from the street below. Only from a distance is the facility visible yet the effect of the distance diminishes its appearance. SprintiClearwire would be required to paint all of the equipment cabinets to match the penthouse wall.

General Plan Analysis:

The City's General Plan requires that wireless facilities be both minimally visible and visually respectful and compatible with the community. The antennas associated with this facility are facade mounted and covered with RF screen boxes or located behind FRP screens that are painted and textured to match the adjacent building surface. All associated electrical equipment cabinets are located on the roof deck of the penthouse. Based on the project's design, it is compatible with the City's General Plan. The Uptown Community Plan does not discuss wireless communication facilities.

Conclusion:

Staff has reviewed the proposed projcct and all issues identified through that review process have been resolved in confonnance with adopted City Council policies and regulations of the Land Development Code. The antennas are designed to be nearly imperceptible to the casual observer. The proposed project complies with the City's Land Development Code, the Wireless Communication Facility regulations, and the Uptown Community Plan. Staff has provided draft findings to support approval of the project (Attachment 5), and draft conditions of approval (Attachment 6). Staff is recommending the Planning Commission approve the project as proposed.

ALTERNATIVES

1. Approve Conditional Use Pennit No. 716790, with modifications.

2. Deny Conditional Use Pennit No. 716790, if the findings required to approve the project cannot be affirmed.

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Respectfully submitted,

.~ Mike Westlake Program Manager Development Services Department

BROUGHTON/KLA

Attachments:

1. Aerial 2. Community Plan Land Use Map 3. Project Location Map 4. Project Data Sheet 5. Draft Permit Resolution with Findings 6. Draft Permit with Conditions 7. Environmental Exemption 8. Project Plans 9. Photos 10. Copy of Pennit 99-0923-46 11. Community Planning Group Recommendation 12. Ownership Disclosure 13. Project Chronology 14. Notice of Public Hearing

Rev OJ-04-07lrh

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Project Manager Development Services Department

ATTACHMENT I

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UPTOWN COMMUNITY PLAN MAP

SPRINT!ClEARWIRE - UPAS CONDOS - PROJECT NUMBER 199584

666 UPAS STREET

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ATIACHMENT4

PROJECT DATA SHEET PROJECT NAME: Upas Condos

PROJECT DESCRIPTION: WCF consisting of a total of six panel antennas, three microwave dishes and four equipment cabinets.

COMMUNITY PLAN Uptown AREA:

DISCRETIONARY Conditional Use PeITIlit ACTIONS:

COMMUNITY PLAN LAND Very High Residential (73-110 dulac) USE DESIGNATION:

ZONING INFORMATION:

ZONE: RM-400

HEIGHT LIMIT: 150-Foot maximum height limit.

FLOOR AREA RATIO: 3.75 maximum.

LAND USE EXISTING LAND USE DESIGNATION &

ADJACENT PROPERTIES: ZONE

NORTH: Low ResidentiallVery Multi-Family High Residential; RS-I- Residential/Single-Family 5. Residential

SOUTH: Open Space; Unzoned. Balboa Park

EAST: Parks; OP-I-1. Marston House

WEST: Very High Residential; Multi-Family Residential MR-400.

DEVIATIONS OR None. VARIANCES REQUESTED:

COMMUNITY PLANNING On May 4,2010, the Uptown Planners voted 13-0-1 to GROUP recommend approval of this project. RECOMMENDATION:

PLANNING COMMISSION RESOLUTION NO. CONDmONAL USE PERMIT NO. 700236 SPRINT/CLEARWIRE - UPAS CONDOS

PROJECT NO. 199584

ATTACHMENT 5

WHEREAS, UPAS HOMEOWNERS ASSOCIATION, Owner and SPRlNT/CLEARWIRE, Pennittee, filed an application with the City of San Diego for a pennit for a wireless communication facility (as described in and by reference to the approved Exhibits "An and corresponding conditions of approval for the associated Pennit No. 700236), on portions of a .62 acre site;

WHEREAS, the project site is located at 666 Upas Street in the 1\.1R-400 zone of the Uptown Community Planning area;

WHEREAS, the project site is legally described as Lot 1, 2 and 3 of Park Upas in the City of San Diego, County of San Diego, State of California, according to Map thereof No. 5161 filed in the Office of County Recorder of San Diego County;

WHEREAS, on August 12, 2010, the Planning Commission of the City of San Diego considered Conditional Use Permit No. 700236, pursuant to the Land Development Code of the City of San Diego;

WHEREAS, on August 12,2010, the City of San Diego, as Lead Agency, through the Development Services Department, made and issued an Environmental Determination that the project is exempt from the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et. seq.) under CEQA Guideline Section 15301 and there was no appeal of the Environmental Determination filed within the time period provided by San Diego Municipal Code Section 112.0520;

BE IT RESOLVED by the Planning Commission of the City of San Diego as foHows:

That the Planning Commission adopts the following written Findings, dated August 12, 2010.

FINDINGS:

Findings for Conditional Use Permit Approval- Section §126.0305

1. The proposed development will not adversely affect the applicable land use plan;

The Uptown Community Plan does not address wireless communication facilities as a specific land use; however, Section A.15 of the Urban Design section of the City of San Diego's General Plan does address wireless facilities. The General Plan states that wireless facilities should be concealed in existing structures when possible, or othervvise use camouflage and screening techniques to hide or blend the facilities into the surrounding area. The existing antennas are currently fa~ade mounted and covered with identical sized RF boxes. The antennas that are proposed to be replaced will still be housed within the existing RF boxes or located behind FRP screening that will replicate the appearance of the existing mechanical screen. No outward change in appearance will take place. The existing equipment, consisting of three outdoor cabinets are located behind the existing mechanical

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ATTACHMENT 5

screen. The equipment is not visible from a grounded vantage point. The fa~ade mounted antennas will be installed according to mounting standards found both in the Communication Antenna regulations as well as the Wireless Communication Facility Guidelines; therefore, the Upas Condos project will not adversely affect the Uptown Community Plan or the General Plan.

2. 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 environmental effects of Radio Frequency (RF) emission to the extent that such facilities comply with the Federal Communication Commission's (FCC) standards for such emissions." The proposed project would be consistent with the FCC's regulations for wireless facilities. To insure that the FCC standards are being met, a condition has been added to the permit that requires Sprint and Clearwire to submit a cumulative RF study to demonstrate compliance with the applicable FCC regulations prior to building permit issuance. Therefore, based on the above, the project would not result in any significant health or safety risks to the surrounding area within matters of the City's jurisdiction.

3. The proposed development will comply to the maximum extent feasible with the regulations of the Land Development Code; and

The facility was originally approved by staff on February 16, 2001. The permit included a ten year expiration, as is customary with these types of facilities. The new project is virtually the same project as the original facility and there will be no outward change in appearance. The requested modifications will enable Sprint to implement their 4G technology through Clearwire. The antennas and all components will be painted and textured to match the building. All equipment cabinets will be required to be painted to match the penthouse. The project complies with all of the development regulations of the RM-400 zone.

4. The proposed use is appropriate at the proposed location.

This project is an existing wireless communication facility permitted in 2001 under previous San Diego Municipal Code regulations. The project was processed as a ministerial pennit and was approved by staff with a condition allowing the facility to operate for a period of ten years.

The project consists of three antennas installed on the rooftop penthouse, three installed on the eastern fa~ade and three located behind an existing mechanical screen. Ideally, residential uses should not be used if there are other non-residential uses available. However, the topography in the area and the building height make this particular site conducive for a wireless facility as opposed to other adjacent properties that are lower in elevation. The facility has existed at this location for nine years with no complaints and all WCF components are either invisible from a ground perspective or painted and textured to match the penthouse. Based on the concealment of the antennas and associated equipment and the carrier's coverage and height requirements, this facility is appropriate at the proposed location.

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ATTACHMENTS

BE IT FURTHER RESOLVED that, based on the findings hereinbefore adopted by the Planning Commission, Conditional Use Permit No. 700236 is hereby GRANTED by the Planning Commission to the referenced OwnerlPennittee, in the fonn, exhibits, tenns and conditions as set forth in Pennit No. 700236, a copy of which is attached hereto and made a part hereof.

Karen Lynch-Ashcraft Development Project Manager Development Services

Adopted on: August 12, 2010

Internal Order No. 24000519

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RECORDING REQUESTED BY CITY OF SAN DIEGO

DEVELOPMENT SERVICES PERMIT INTAKE, MAIL STATION 501

PROJECT MANAGEMENT PERMIT CLERK

MAIL STATION 501

ATTACHMENT 6

SPACE ABOVE THIS LINE FOR RECORDER'S USE INTERNAL ORDER NUMBER: 24000519

CONDITIONAL USE PERMIT NO. 700236 SPRINT/CLEARWIRE- UPAS CONDOS

PROJECT NO. 199584 PLANNING COMMISSION

DRAFT

This Conditional Use Pennit No. 700236 is granted by the Planning Commission of the City of San Diego to UPAS HOWEOWNERS ASSOCIATION, Owner, and SPRINT/CLEARWIRE, Pennittee, pursuant to San Diego Municipal Code [SDMCl section 141.0420. The .62-acre site is located at 666 Upas Street in the :MR-400 zone of the Uptown Community Planning area. The project site is legally described as: Lot 1, 2 and 3 of Park Upas in the City of San Diego, County of San Diego, State of California, according to Map thereof No. 5161 filed in the Office of County Recorder of San Diego County.

Subject to the terms and conditions set forth in this Permit, perrnission is granted to Owner and Permittee for a wireless communication facility described and identified by size, dimension, quantity, type, and location on the approved exhibits [Exhibit "A"] dated August 12, 2010, on file in the Development Services Department.

The project shall include:

a. An existing wireless communication facility consisting of six panel antennas to be mornfied to include the following: North Sector ~ two (2) Sprint panel antennas and one (1) Clearwire panel antenna each encased in an FRP box; East Sector ~ two (2) Sprint panel antennas and one (1) Clearwire, fac;ade mounted onto the building and covered with an FRP box and two (2) Clearwire microwave dishes located behind the existing mechanical screen; and South Sector ~ one (1) Clearwire microwave dish located behind the existing mechanical screen. Three existing Sprint equipment cabinets are located on the rooftop behind the mechanical screen and Clearwire will add another cabinet to this location;

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ATTACHMENT 6

b. Public and private accessory improvements detennined by the Development Services Department to be consistent with the land use and development standards for this site in accordance with the adopted community plan, the California Environmental Quality Act [CEQA] and the CEQA Guidelines, the City Engineer's requirements, zoning regulations, conditions of this Permit, and any other applicable regulations of the SDMC.

STANDARD REQUIREMENTS:

1. This permit must be utilized within six (6) months after the date on which all rights of appeal have expired. Failure to utilize and maintain utilization of this pennit as described in the SDMC will automatically void the pennit unless an Extension of Time has been granted. Any such Extension of Time must meet all SDMC requirements and applicable guidelines in affect at the time the extension is considered by the appropriate decision maker.

2. This Permit and corresponding use of this site shall expire on August 12, 2020. Upon expiration of this Pennit, the facilities and improvements described herein shall be removed from this site and the property shall be restored to its original condition preceding approval of this Permit unless the applicant of record files a new application for a facility which will 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 pennit, the Owner/Permittee may submit a new application to the City Manager for consideration with review and a decision by the appropriate decision maker at that time. Failure to submit prior to the deadline will be cause for compliance, which may include penalties and fines.

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

5. No permit for the construction, occupancy, or operation of any facility or improvement described herein shall be granted, nor shall any activity authorized by this Permit be conducted on the premises until:

a. The Owner/Permittee signs and returns the Pennit to the Development Services Department; 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 and under the terms and conditions set forth in this Permit unless otherwise authorized by the appropriate City decision maker.

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

Page 2 of6

ATTACHMENT 6

8. The continued use of this Pennit shall be subject to the regulations of this and any other applicable governmental agency.

9. Issuance of this Pennit by the City of San Diego does not authorize the OwnerlPermittee for this Permit 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 (16 U.S.c. § 1531 et seq.).

10. The OwnerlPennittee shall secure all necessary building permits. The OwnerlPennittee is infonned that to secure these permits, substantial building modifications and site improvements may be required to comply with applicable building, fire, mechanical, and plumbing codes, and State and Federal disability access laws.

11. Construction plans shall be in substantial conformity to Exhibit "A." Changes, modifications, or alterations to the construction plans are prohibited unless appropriate application(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 Permit. The Permit holder is required to comply with each and every condition in order to maintain the entitlements that are granted by this Permit.

If any condition of this Pennit, on a legal challenge by the OwnerIPermittee of this Pennit, is found 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 OwnerIPennittee 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 detennination by that body as to whether all of the findings necessary for the issuance of the proposed pennit can still be made in the absence of the "invalid" condition(s). Such hearing shall be a hearing de novo, and the discretionary body shall have the absolute right to approve, disapprove, or modify the proposed pennit and the condition(s) contained therein.

13. The Owner/Permittee shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this pennit 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 OwnerIPermittee of any claim, action, or proceeding and, if the City should fail to cooperate fully in the defense, the OwnerJPennittee shall not thereafter be responsible to defend, indemnify, and hold harmless the City or its agents, officers, and employees. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, OwnerlPermittee shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and OwnerIPermittee regarding litigation issues, the City shall have the authority to

Page 3 of6

A IT ACHMENT 6

control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the OwnerlPermittee shall not be required to payor perform any settlement unless such settlement is approved by OwnerlPermittee.

PLANNINGIDESIGN REQUIREMENTS:

14. All perfonnance conditions in this pennit must be completed within 90 days of this approval.

15. A topographical survey conforming to the provisions of the SDMC may be required if it is determined, during construction, that there may be a conflict between the building(s) under construction and a condition of this Pennit or a regulation of the underlying zone. The cost of any such survey shall be borne by the OwnerlPennittee.

16. Within 90 days of approval of this permit, all equipment cabinets shall be painted to match the penthouse wall where they are located.

17. Prior to obtaining building permits, the construction documents shall include a note that all equipment cabinets shall be painted to match the penthouse.

18. Within 90 days of approval of this permit, all antenna screen boxes shall be repainted to match the corrugated metal upon which they are mounted.

19. Prior to the issuance of a construction permit, the telecommunication provider shall provide certification describing evidence that the cumulative field measurements of radio frequency power densities for all antennas installed on the premises are below the federal standards.

20. All equipment, including transformers, emergency generators and air conditioners shall be designed and operated consistent with the City noise ordinance. Ventilation openings shall be baffled and directed away from residential areas. Vibration resonance of operating equipment in the equipment enclosures shall be eliminated.

21. Prior to obtaining a Construction Permit the following items must be illustrated on the construction drawings; coax cable tray, meters, telco, Ale units, generator receptacles, cable runs, bridges, dog houses and external ports. These appurtenances must be minimized visually so as to avoid the effect of changing the outward appearance of the project from what was approved on the exhibits.

22. The applicant of record is responsible for notifying the city prior to the sale or takeover of this site to any other provider.

23. This wireless communication facility shall be removed or replaced if it is determined that the facility or components of the facility are obsolete.

24. Directional antennas when installed on a building f~ade shall be installed as illustrated in Exhibit A. All coaxial cable must be hidden from view. No mounting pipes or similar apparatus

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ATTACHMENT 6

shall be visible in any type installation. For removed or future antennas, no exposed mounting apparatus sha11 remain absent antennas.

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

INFORMATION ONLY:

• The issuance of this discretionary use pennit alone does not allow the immediate commencement or continued operation of the proposed use on site. The operation allowed by this discretionary use permit may only begin or recommence after all conditions listed on this permit are fully completed and all required ministerial pennits have been issued and received final inspection.

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

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

APPROVED by the Planning Commission of the City of San Diego on August 12, 2010 and Resolution No. XXXXXX.

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ATIACHMENT6

Pennit TypelPTS Approval No.: CUP No. 700236 Date of Approval: August 12, 2010

AUTHENTICATED BY THE CITY OF SAN DIEGO DEVELOPMENT SERVICES DEPARTMENT

Karen Lynch-Ashcraft Development Project Manager

NOTE: Notary acknowledgment must be attached per Civil Code section 1189 et seq.

The undersigned OwnerlPermittee, by execution hereof, agrees to each and every condition of this Pennit and promises to perform each and every obligation of OwnerlPennittee hereunder.

Upas Homeowners Association Owner

By~-::-::=-______________ __ -NAME TITLE

NOTE: Notary acknowledgments must be attached per Civil Code section 1189 et seq.

Sprint Pennittee

By ______________________ __ NAME TITLE

Clearwire Pennittee

By ______________________ __ NAME TITLE

Page 6 of 6

NOTICE OF EXEMPTION ATTACHMENT 7

TO: X RECORDER/COUNTY CLERK P.O. Box 1750, MS A-33

FROM: CITY OF SAN DIEGO

1600 PACIFIC Hwv, ROOM 260 SANDIEGO,CA 92101-2422

___ OFFICE OF PLANNING AND RESEARCH

1400 TENTH STREET, ROOM 121 SACRAMENTO, CA 95814

DEVELOPMENT SERVICES DEPARTMENT

1222 FIRST AVENUE, MS 501 SAN DIEGO, CA 92101

PROJECT NO.; 198251 PROJECT TITLE; SprintlClearwire Upas Condos

PROJECT LOCATION-SPECiFiC: 666 Upas Street, San Diego, CA

PROJECT LOCATION-CITY/COUNTY: San Diego/San Diego

DESCRIPTION OF NATURE AND PURPOSE QFlliE PROJECT: Conditional Use Pennit to modify an existing wireless communication facility by replacing two (2) panel antennas and adding two (2) new panel antennas. The project is located on the roof of an existing multi-residential building at 666 Upas Street in the MR-400 Zone of Mid City Communities Planned District. The project site is also within the Uptown Community Plan and the FAA Part 77 Overlay.

NAME OF PUBLIC AGENCY APPROVrNG PROJEcr: City of San Diego

NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: Mike McNelly, Clearwire 4400 Carillon Point Kirkland, WA 98033 619-454-1839

EXEMPTSTATUS: (CHECK ONE) () MINISTERIAL (SEC. 21080(b)(J); 15268); () DECLAREOEMERGENCY (SEC. 21080(b)(3); 15269(a»;

() EMERGENCY PROJECT (SEC. 21080(b)( 4); 15269 (b)(c» (.I) CATEGORICAL EXEMPTION: 15301:EJ.7S77NGFAClunES

REASONS WHY PROJECT IS EXEMPT: The proposed activity is exempt from CEQA pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. None of the exceptions described in CEQA Guidelines Section 15300.2 apply, and the project has no potential to result in significant effect on the environment.

LEADAGENCyCONTACTPERSON: M. Blake TELEPHONE: (619) 446-5375

IF FILED BY APPLICANT: 1. A lTACH CERTIFIED DOCUMENT OF EXEMPTION FrNDING.

2. HAS A NOTICE OF EXEMPTION BEEN FILED BY THE PUBLIC AGENCY APPROVING THE PROJEcr?

()YES ()No

IT IS HEREBY CERT[fJED THAT THE CITY OF SAN DIEGO HAS DETERMINED THE ABOVE ACTIVITY TO BE EXEMPT FROM CEQA

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CHECK ONE: (X) SIGNED By LEAO AGENCY

( ) SIGNED BY ApPLICANT DATE RECENED FOR FlUNG WITH CoUNTY CLERK OR OPR:

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EXISTING CARRIERs,

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Together with NEXTEL

UPAS CONDOS SD34XC670/CA-SDG5249A

666 UPAS STREET SAN DIEGO, CA 92103

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ATTACHMENT 8

FAA, TITLE 14, PART 77 EXEMPTION

"I WIUIAM M.. SPOTH DO HERESY C£RTIFY THAT THE SlRUCTlJRE{S) DR MODIFICATION TO tXISTlHG SnWCTURECS) SHOWN ON THESE pLANs DO NOT REQUIRE FEDERAL AVIATION ADt.lINISTRATION NOTmCATION 8£CAlfSE PER SECTION 77.15 (0) or TITLE 14 OF" THE. CODE OF" FEPERAL R£GUI..ATJONS (eFR) PART 77, NOTlFlCATION IS NOT REOUIRto.

LEGAL DESCRIPTION

LOTS I, 2 AND 3 IN PARK UPAS, IN THE CJTY or 'SAN DIEGO, COUNTY or SAN DIEGO, STATE or CAUfORNIA, ACCORDING TO IMP tHERtOF NO. 5161, FlLEO IN THE OfFICE OF THE COUNTY REOORDER OF SAN DIEGO COUNTY, APRIL 2.2. ,963,

EXCEFllNG THEREFROM ALL UNITS AS SHOWN ON THE "MENDED DEL PRADO CONDOllllNIUM PLAN RECORDID IN THt afFlCE OF THE CptJNTY R£COROER or '~N oIEO,O COUNTY, AUGUST 1.&, 1972 ~ OOCVWEt« NO, 21&496 Of" OffiCIAL ~ECOROS.

PROPRIETARY INFORMA nON

THE IN~t1OH U)l(;,t,lfIED IN 'IHS 5E1 CF" COtf$1iWC:l1OH OOCUIlENlS 15 PlIIII'IiIET.oRl' Ill' 1I\I..1U!E. ~ ~ OR IlI$CI.Il!lIIII tm£lI "- lHIoT IItICfl IIfl.A1[S 1'0 CMIIIm S£JIVIC£S 15 SIIIK;lI.Y Pli!)IIBIIEO.

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ATTACHMENT 8

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KEYED NOTES:

EXISl:ING CONOOMINIUM BUILDING

PROPEllTY UNE: (mICAL)

PROPOSED CLEARWIRE EQUIPMENT CABINET MOUNTED ON AN EXISTING STiR PLATf"ORI.oI ON THr ROOf OF THE EXISTING 8U1~IJ.ro

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OIM£NSIONS SHOWN ON THIS PLAN TO EXISTlNG BUILDINGS, &: FENCES APPROXIMATE. FIElD VERIFY All AS-SUILT CONDl1IONS

ClEARWlRE TElECOMMUNICATIONS TRANSMmER fREQUENCIES AND POWER lEVELS:

DIRECTIONAL:

2500-2666 MHI SAND WIDTH 450 WAns PER SECTOR

18 &: aD GH~ SAND WIDTH 100 WATTS PER 1l<ANSMmER

EXISTING EASEMENlS'

NO EXISTING EASEMENTS ARE SHOWN WHICH REFLECTS PREUI,4INARY RECORDS RESEARCH OF RECORDED PARCEL MAPS. ~SEMENTS ARE SUBJECT TO REVIEW OF TITLE REPORT.

ATTACHMENT 8

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SHEET NUMBER

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PROPOSED DIRECTIQt.W.. ANTENNA

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PROPOSED PANEL ANTENNA

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4

PRoPOSED DIRECTIONAl ANTENNA

AZIIdUTH 45.14"

\~ -. PROPOSED

DIRECTIONAL ANTENNA.

AZIMUTH 95. H" ,

ATTACHMENT 8

KEYED NOTES: £XJSnNG CONDOMINIUM BUILOING

DnSTING ROOnO? r.!ECHANICAl EOUIPMENT (TYPICAL)

PfIDPQSED CI.£ARWIRE EOUIPMENT CABlNET MOUNTED ON AN EXISTING STEEL PLATFORM ON THE Roor 0, THE EXlS1'1NG BUILOIHG

txlSTlNG SPRINi"jNEXTEL EOUIPt.4E~T CABINETS

EX/SlINC SPRINT/NEXm ANTENNAS BEHIND RF TRANSPAREtfI stREENS

"EXISTING VERIZON ANTENNAS IN INDIVIDUAL BOX SCREENS

PROPOSED ClEARWIRE PANEL ANTENNA TO REPLACE "EXISTING SPRINT/NEXTEl ANTENNA. ",IPE MOUNTED BEHIND AN EXISTING Ill'" TRANSPARfNl SCREfN ON THE EXISTING BUiLDING

D\lSl1t.1G COAXIAL CABLE TRAY. RUN PROPOSro COAXIAL CABLE INSIDE EXISTING eMilE TRAY

EXiSTING MECHANICAL SCREEN

EXISTING SPRINT /NEXTEL Am'ENNA TO BE REPlACED WITH A DUAL POLE ANTENNA

EXISTING P1A1F'ORM

EXISTING VEfllZON EQUIPMENT

PROPOSED tlEARWIRE DIRECTIONAL ANTENNA MOUHTEO BEHIND THE EXISTING MEC:~NjCAl SCREEN BEHIND NEW RF 'tRANSPARENT ~TC~·E~~~ANJ~~HALL 81:: TEXTURED AND PAIN1!D TO

PROPOSED CWRWIRJ::: CPS ANTENNA MOUNTED TO THE EXISTING GUARDRAIL

---. PROPOSED PANEL ANTENNA

AZIMUTH 100'

EXACT LOCATION Of PROPOSEQ ANTENNAS MAY CHANGE SliGHTLY TO AVOID EXISTING SCREEN SUPPORT fRAMING

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ATTACHMENT 8

KEYED NOTES: PROPOSED CLEAitWlRE EQUIPMENT CABINET MOUNTED 01'< AN EXISTING STEEL PU\TFORI.t ON TIiE ROOf OF THE: D::ISTlNG BUILDING

EXISTING SPRINT/NOOEL EQUIPMENT CABIN(TS

EXISTING STEEL PLATFORI.I fRAME

EXISTING COA.XlIIl CAStE TRAY, RUN PROPOSED COAXIAL CABLE INSIDE EXISllNG CABLE TR/I,Y

EXISTING PEI-lfHOUS[ WALL

EXISTING PLATFORM

EXISTING CHIMNEY

£XlSTING PARAPET WAlL

AUGN FRONT Of" CA8'INETS

PROPOSED CL£ARWlRE Gl'S ANTENNA MOUNTED TO THE EXISTING GUARDRAil

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SHEET NUMBER

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NORTH ELEVATION ~l·.o4lI'-I!"

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KEYED NOTES: <1> ExISTINI> CONDOMINIUM BUIlDING

% EXISllNG PENTHOUSE

PROPOSED ClEARWlRE; ANTENNA TO REPlACE EXISTING SPRINT/NOOEL ANTENNA. flJI>E MOUrm:D BEHIND AN EXlSl1NG RF TRANSPARI;NT SCREEN ON THE EXlsnNG BlJIlOlNG

EXISTING SPRINTjNEXTa IINTEtINA TO BE REPlACED WITH A DUAL POLE ANTENNA

EXISTING VERIZON ~W$ IN INOl\IIDUAL SOX SCREENS

EXISTING SPRINT/t>lEXTEL ANTENNAS

£XIS1UIG GRADE

EXISTING PAINTED CORRUGATED METAL FINISH

EXISTING PANTED CONCRETE

ExiSTING WINOOW (lYPICAL)

EXIS11NG tIDAl AAL (TYPICAl)

PROPOSED Cl..EARWIRE DIR!CTlONAL ANT£l.JNA MOUNTED BEHIND THE EXIS'l1NG MECf.lANICAI... SCREEN aEl-DND NEW Rf:' TRANSPAR~NT PANELS. NEW PANEtS SHAlL BE TEXTURED AND PAlNTED TO MATCH EXISTING SCREEN

~ EXlSTING PA1NTEO FOAM SCREEN WITH STEEL FRAMING

EAST ELEVATION NO"IE: EXACT LOCATION OF PROPOSED ANTENNAS MAY CHANGE SLIGHTLY TO AVOID txISllNG SCREEN SUPPORT FAAI.IING

ATTACHMENT 8

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KEYED NOTES: EXlSTING CONDOMINIUM BUILDING

EXlS1ING PENTHOUSE

PROPOSED CLEARWIRE ANTENNA TO REPlACE EXISTING SPRlNTjNEXTEL ANTENNA, PIPE MOUNTED BEHIND AN EXISTING Rr TRllNSPAREIff SCREEN ON THE EXISTING BUIlDING

EXISTING SPRINT/NEXiEl ANTE~" TO BE REPlACED WITH A DUAL I'OLE ANTENNA

EXISTING VERlZON ANTENNAS IN INOII/IOUAL 60X SCREENS

EXISTING SPRINT/NEXTEl ANTENNAS

EXISTING GRADE

EXISTING PAINTED CORRUGATED METAL FINISH

EXISTING PANTEtl CONCRa[

EXISTING WINDOW (TYPICAL)

EXISTING !\lETA!. RAIL (lYPiCAL)

PROPOSED CLEARWIRE DIRECTIONAL ANTENNA I.4OUHlE!) BEHtlD THE EXISTING MECHANICAL SCREEN BEHIND NEW RF TRANSPARENT PANELS. NEW PANElS SHALL BE TEXTURED AND PAINTED 10 MATCH EXISTING SCREEN

q} EXISTING PAINTED FOAM SCREEN WITH STEEL FRMtINC

ATTACHMENT 8

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ATTACHMENT 8

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666 Upas Street

San Diego, CA 92103

SD34XC670 I CA-SDGS249A

EAST ELEVA TlONRExisting Conditions

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San Diego, CA 92103

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THE CITY OF SAN DIEGO

Date: February 16,2001

Applicant: Sprint Communication CIO WFI 3725 Talbot St. PMB San Diego. CA 92106 Attn: Shelly Kilbourn

ATTACHMENT 10

Permit No.: 99-0923-46 Telecommunication Antenna Approval, Project Name

Address: 666 Upas St.

Subject: PROPOSED MINOR TELECOMMUNICATION FACILITY

DEVELOPMENT SERVICES ACTION:

It has been determined by Development Services that this proposal does not substantiate a major telecommunication facility and therefore will not be required to proceed a Conditional Use Permit (Process Three). This decision is based on the City of San Diego's Land Development Code, Section 141.0405, Communication Antennas. This proposal has been reviewed with the California Environmental Quality Act (CEQA) and has been detennined to be exempt per Section 15268.

Development Services grants APPROVAL of your application subject to the following:

• The facility shall be designed and constructed in accordance with the approved Exhibit "A", dated February 16,2011 No modification or alteration shall be permitted to the approved exhibit "A" unless revised plans are submitted and approved by Planning and Development Review.

• The facility will consist of a total of six (six) panel antennas (two arrays of three antennas) flush-mounted on the north and east elevations of the existing structure. Each antenna array shall be located behind Radio Frequency screening in which will be painted and textured to match the existing structure.

1 of 2

Development Services 1222 Filst Al'8nue, IdS 501 • Son Diego, CA 12101-4155

Tel (619) 446·5460

ATTACHMENT 10

• The facility shall include a 280 square-foot, equipment enclosure located on the roof, behind the existing parapet. The equipment enclosure will house equipment cabinets and associated electronic equipment and be painted and textured to match the existing structure.

• This APPROVAL and corresponding use of this site shall expire on February 16,2011 Upon expiration ofthi5 pennit, the facilities and improvements described herein shaH be removed from this site and the property shall be restored to it's original condition preceding approval ofthi5 permit.

• Prior to the expiration ofthi5 Approval, the Permittee may request an Administrative Extension of Time to the permit for an additional ten years. An Administrative Extension of Time may be granted by Development Services if it is determined that no material change in circumstance has occurred that would effect the validity of this approval as a Minor Telecommunication facility.

All work authorized by this permit shall be in conformance with the description of work contained herein and as indicated on the plans submitted to the Building Review Division and stamped with the Development Services "CONFORMS" stamp. All modifications to this structure or site not directly approved by this permit shall require further review by Development Services. Building pennits must be obtained within six months from the date of this approval or this authorization shall be null and void.

Lynch-Ashcraft, Karen

From: Sent: "To: Cc: Subject:

Hi Karen:

Leo Wilson [leo,wikstrom@sbcglobal.net] Friday, July 09, 2010 12:09 PM Lynch·Ashcratt, Karen Pangilinan, Marlon Re: SprintiClealWire - Upas Condos PTS 199584

ATTACHMENT 11

The project was moved to the consent agenda in May 2010, and approved by a l3-0-1 vote.

The minutes for the May meeting were not ready for review and approval at the June meeting; and there was no July meeting -- so they will not be approved until August 3rd. I can prepare a memorandum of motion and send it to you regarding the vote on the project.

Leo Wilson

--- On Fri, 7/9/10, Lynch-Ashcraft, Karen <.KLynchAsh@sandiego.gov> wrote:

From: Lynch-Ashcraft, Karen <KLynchAsh@sandiego.gov> Subject: SprintiClearwire - Upas Condos PTS 199584 To: n'leo.wikstrom@sbcglobal.net'" <ieo.wikstrom@sbcglobai.net> Cc: "Pangilinan, Marlon" <MPangilinan@sandiego.goY> Date: Friday, July 9, 2010, 8:49 AM

Hi Guys,

Do either of you have the minutes from the 514/10 meeting regarding the vote on this project?

Thanks,

kla

Karen Lynch-Ashcraft I City of San Diego I Development Services Department I Entitlements I Telecom Section I 619.446.5351 klynchashOsanciiego.QOv

1

,

11 - 1?

Ownership Disclosure Statement

Approval Type: Check appropriate box lor type of approval ($) requ8Sled: r Neighborhood Use Parmll r Coastal Oevelopment PermII.

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UpasCondos PnIfecI AddNn:

666 Upas Stt=t, San Diego. CA 92103

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Prinlid on iiC)ldiid paper. ViSit our web Site at www.safidjegQ.gliVidevelopment-seNjCeS Upon request, this infotrnalJon is available in alemBliva fonrI* lor pelSOl'll with disabilities.

05-318 (5-05)

1 of 2

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held by 8 Corporation or partnership

L..epl Statue (pl __ clUlck):

I)( Corporation r:- Umi1ed LiabIJiIy -<Jr- r Gen9!8.l) What S1ate? __ Corporate Identification No. 33-0689255 r Partnership

By mnina the Ownership Disclosure Statement. the ownerfs) acknowledge that an applgatlon lor a permit. map or oIber matter. es j<llnlH!ad IIiHMt will bt DIad wjIb !he City of San Diego an 1be sublJ!ct groaerfy wjtb the infant to regm! an encumbrance agAinfil the grgptt'ty._ Pinsa list below the nBmn, IiUas and addresses of all persons who have an Interest In the property, racoldad or o1herwiH, and Slate the IypIJ; of property lntareat (e.g., tenants vmo wil benefit from the permit, all corporate officers, and al partners In a partnership who own the property). A signature Is !'SQuired of at lust one of the amxmde officem or partnm who own the pmptrty Attach additional pages If needed. Hole:: The applicant is f9SPOO6ible for notifying the Project Manager of any Changes In ownership dUring the time the applicalion is being processed orconsidered. Changes In ownership are to be given to the Project Manager at least thirty days prior 10 any public hearing on the subject property. Failure to provide accurate and current ownership information could result In a delay in the hearing process. AddItional pages attach" r Va I)( No

corporateJPartneiShiP N&IT1& (type or prinri: 666 UPAS HOMEOWNERS ASSOCIATION

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ATTACHMENT 13

Date

1/14/10

3/12/10

4/29/10

5/28/10

6/11/10

7/8/10

8/12/10

Project Chronology SprintfClearwire - Upas Condos

PTS No. 199584

City Action Description Review

Time

First Submittal Project Deemed Complete & distributed

First Submittal 1 month, Assessment Letter out 26 days

Second submittal Normal Submittal

Second Assessment 29 days

Third Submittal

Issues Resolved 27days

Planning Commission 1 month, Hearing 4 days

TOTAL STAFF TIME'* 4 months 26 days

TOTAL APPLICANT TIME'*

Applicant Response

1 month, 17 days

1 month, 3 days

2 months 20 days

TOTAL PROJECT RUNNING TIME** From Deemed 6 months 29 days Complete to PC Hearing

ATTACHMENT 14 THE CITY OF SAN DIEGO

DATE OF NOTICE: July 29, 2010

NOTICE OF PUBLIC HEARING PLANNING COMMISSION

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

PROJECT TYPE:

PROJECT NUMBER: PROJECT NAME: APPLlCA:'oIT:

COMMUNITY PLAN AREA: COUNCIL DISTRICT:

CITY PROJECT MA:'oIAGER: PHONE NUMBERIE-MAIL:

August 12, 2010 9:00 A.M. Council Chambers, 12th Floor, City Administration Building, 202 C Street, San Diego, California 92101

CONDITIONAL USE PERMIT, CEQA EXEMPT, PROCESS 4 199584 SPRINT/CLEARWlRE - UPAS CONDOS Alex Tsaturov, Westower Communications

Uptown District 3

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

As a property owner, tenant or person who has requested notice, you should know that the Planning Commission will hold a public hearing to approve, conditionally approve, or deny an application for a modification to an existing wireless communication facility located at 666 Upas Street.

The decision of the Planning Commission is final unless the project is appealed to the City Council. In order to appeal the decision of the Planning Commission you must be present at the public hearing and file a speaker slip concerning the application or have expressed interest by writing to the Planning Commission before the close of the public hearing. Please do not e-mail appeals as they will not be accepted. Sec Infonnation Bulletin 505 "Appeal Procedure", available at www.sandiego.gov/development-servicesorinpersonatthe office of the City Clerk, 202 "C" Street, Second Floor. The appeal must be made -within 10 working days of the Planning Commission decision. If you wish to challenge the City's action on the above proceedings in court, you may be limited to addressing only those issues you or someone else have raised at the public hearing described in this notice, or written in correspondence to the City at or before the public hearing.

1 of 2

ATTACHMENT 14

This project was determined to be categorically exempt from the California Environmental Quality Act on February 12, 2010 and the opportunity to appeal that determination ended March 8, 2010.

If you have any questions after reviewing this information, you can contact the City Project Manager listed above.

This information will be made available in alternative formats upon request. To request an agenda in alternative 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 Listening Devices (ALD's) are also available for the meeting upon request.

Internal Order Number: 24000519

Revised 12/5108 RH

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