T HE CITY OF S A N D IEGO

REPORT TO THE HEARING OFFICER

HEARING DATE: December 18,2013 REPORT NO. HO 13-108

ATTENTION: Hearing Officer

SUBJECT: Sprint - University A venue PTS PROJECT NUMBER: 242203

LOCATION: 3810 Bancroft Street

APPLICANT: Sprint (Permittee)/ North Park Baptist Church (Owner)

SUMMARY

Issue: Should the Hearing Officer approve a Site Development Pennit (SOP) for a Wireless Communication Facility (WCF) in the Greater North Park community plan area?

Staff Recommendation: APPROVE Site Development Petmit No. 1222858.

Community Planning Group Recommendation: The North Park Planning Committee voted 13-0-0 to approve this project at their August 21, 2012 meeting. (Attachment 8)

Environmental Review: The project was determined to be exempt pursuant to Califomia Environmental Quality Act (CEQA) Guidelines, Section 15301 (Existing Facilities). This project is not pending an appeal of the environmental determination. The environmental exemption detennination for this project was made on October 23, 2013, and the opportunity to appeal that detennination ended November 15,2013. (Attachment 7)

BACKGROUND & D ISCUSSION

Sprint - University A venue is an application for a Site Development Penn it (SOP) for a Wireless Corrununication Faci lity (WCF). The project is located in the Greater North Park community plan area in the MCCPD-CL-1 zone. The project is located at 3810 Bancroft Street. (Attaclm1ents I , 2, and 3)

WCFs are permitted in commercial zones with a limited use approval. rn this case, the development exceeds the allowed Floor Area Ratio (FAR) for the zone, and a Mid-City Communities Development Pcnnit, processed as a Site Development Permit, is required to allow this deviation, pursuant to Land Development Code (LDC) section 1512.0203(b )( 4). The FAR allowed for the MCCPD-CL-1 zone is 0.25. The existing FAR for the building is 1.703 and the proposed FAR will be 1.711.

Sprint operates an existing WCF on the building, with a permit which has now expired. The current application is for a new permit, to continue operating the WCF, with some modifications. Eleven Sprint panel antennas are located on the roof of the North Park Baptist Church building. Two arc located behind radio-frequency (RF) transparent screening at the north edge of the building and nine panel antennas arc concealed behind RF transparent screening at the southwest comer of the building. Equipment associated with the antennas is located on a mezzanine level of the building.

The WCF Design Requirements, LDC section 141.0420, identify that the applicant "shall use all reasonable means to conceal or minimize the visual impacts ofWCFs through integration." In this case, the antennas are concealed behind RF transparent screening, located on the roof of the existing church building. For the screening located at the southwest of the building, additional architectural details were initially proposed, but after review by the City's Historic Resources section, these details were removed. 1 Instead, a metal band has been provided to delineate the RF screening from the existing building. fu_ this way, the RF screening will not present a false sense of history by replicating too many features present on the existing building. The RF screening will be painted and textured to be compatible with the existing building and the construction plans will be reviewed by the Historic Resources section prior to building permit tssuance.

TI1c City's General Plan addresses Wireless Facilities in UD-A.l5. The visual impact ofWCF should be minimized by concealing WCF in existing structures, or utilizing camouflage and S(...teening techniques to hide or blend them into the surrounding area. Facilities should be designed to be aesthetically pleasing and respectful of the neighborhood context. Equipment associated with the WCF should be located in undergrmmd vaults or unobtmsive structures. This project complies with the General Plan recommendations by locating the antennas on an existing building, behind RF transparent screening, that is integrated with the existing building. Equipment associated with the antennas is located in a mezzanine enclosure, at the rear of the building. The WCF is able to integrate with an existing building, which allows it to respect the neighborhood context.

Based on the proposed design, the project complies '"ith the WCF Regulations (LDC 141.0420). The project has received support from the community planning group, and draft findings have been made in the affirmative to approve the SDP. Therefore, Staff recommends approval of SDP No. 1222858.

1 The building is not a designated historic resource, but is considered potentially historic.

-2-

ALTERNATIVES

1. Approve Site Development Pennit No. 1222858, with modifications.

2. Deny Site Development Pennit No. 1222858, if the Hearing Officer makes written findings based on substantial evidence that the approval is not authorized by state or local zoning law.

Respectfully submitted,

Alex Hempton, AICP Development Project Manager

Attachments: 1. Aerial Photo 2. Conummity Plan Land Use Map 3. Project Location Map 4. Project Data Sheet 5. Draft Permit Resolution with Findings 6. Draft Pennit with Conditions 7. Notice ofRight to Appeal Enviromnental Exemption 8. Community Planning Group Recommendation 9. Ownership Disclosure Statement (ODS) 10. Photo Simulation 11. Photo Survey 12. Site J ustification!Coverage Maps 13. Hearing Officer Hearing Public Notice 14. Project Plans

-3 -

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ATTACHMENT 4

PROJECT DATA SHEET PROJECT NAME: Sprint - University A venue

PROJECT DESCRIPT ION: Site Development Permit (SDP) for a Wireless Communication Facility (WCf) consisting of eleven ( ll) panel antennas mounted on an existing building behind radio-frequency (RF) transparent screens. Equipment is located in an equipment area.

COMMUNITY PLAN: Greater North Park

DISCRETIONARY Site Development Permit, Process 3 ACTIONS:

COMMUNITY PLAN LAND Commercial USE DESIGNATION:

WNING INFORMATION:

ZONE: MCCPD-CL-1

HEIGHT LIMIT: one

FLOOR AREA RATIO: 0.25

FRONT SETBACK: 6'

SIDE SETBACK: 0'

STREETSIDE SETBACK: 4' REAR SETBACK: 4'

PARKING: -

LAND USE EXISTING LAND USE DESIGNATION &

ADJACENT PROPERTIES: ZONE

NORTH: Commercial, MCCPD- Commercial

CL-1

SOUTH: Residential, MCCPD- Residential MR-800B

EAST: Commercial. MCCPD- Residential CL-1

WEST: Commercial, MCCPD- Residential CL-l

DEVIATIONS OR Deviation to Floor Area Ratio (FAR): Existing FAR is VARIANCES REQUESTED: I . 703 and proposed PAR will be 1. 71 l.

COMMUNITY PLANNING The orth Park Planning Committee recommended GRO UP approval of this project, 13-0-0, at their Augu t 2 1, 2012 RECOMMENDATlON: meeting.

Page 1 of 1

HEARING O}'FICER RESOLUTION NO. HO-XXXX SITE DEVELOPMENT PERMIT NO. 1222858

SPRINT- UNIVERSITY A VENUE, PROJECT NO. 242203

ATTACHMENT 5

WHEREAS, the NORTH PARK BAPTIST CHURCH, Owner, and SPRINT, Pennittee, filed an application with the City of San Diego for a pennit to construct, operate, and maintain a Wireless Communication Facility (WCF) (as described in and by reference to the approved Exhibits "A" and corresponding conditions of approval for the associated Permit 1\'o. 1222858);

WHEREAS, the project site is located at 3810 Bancroft Street in the Mid~City Communities Planned District CL~l zone of the Greater North Park community plan area;

WHEREAS, the project site is legally described as Lots 44 and 45, in Block 44, of Park Villas, according to Map thereof No. 438, filed in the Office of the County Recorder of San Diego County, October 14, 1887;

WHEREAS, on December 18, 2013, the Hearing Officer of the City of San Diego considered SITE DEVELOPMENT PERlvfiT NO. 1222858 pursuant to the Land Development Code of the City of San Diego;

\VHEREAS, on October 23, 2013, 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 ct. seq.) under CEQA Guideline Section 15301 (Existing Facilities) and there was no appeal of the Environmental Dctcnnination filed within the time period provided by San Dit:go Muni(.;ipal Code Section 112.0520;

BE IT RESOLVED by the Hearing Officer of the City of San Diego a.•.; follows:

That the Hearing Officer adopts the following written Findings, dated December 18, 2013.

FINDINGS:

Site Development Permit- Section 126.0504

A. Findings for all Site Development Permits

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

The City ofSm1 Diego's General Plan (UD-15) requires that the visual impact of wireless facilities be minimized by concealing wireless facilities in existing structures or using screening tcclmiques to hide or blend them into the surrounding area. The plan also calls for these facilities to be designed to be aesthetically pleasing and respectful of the neighborhood context. Furthermore. the plan states that equipment associated with wireless facilities be concealed from view. This project consists of panel m1tennas, concealed behind two radio­frequency (RF) transparent screening elements on the roof of an existing church building. Equipment associated with the antennas is located on the back side of the building and is screened from view. The RF screening structures have been designed to be compatible with the building in tetn1s of texture and color, while at the same time maintaining a clear

Pagelof6

ATTACHMENT 5

separation between the historic structure and the Rf screening. In order to not portray a false sense of history, architectural embellishments on the RF screening have been minimized and a metal band applied to clearly indicate the new stmcturc from the older structure. The height of the RF screening is compatible Virith the existing building and is slightly lower than an existing building penthouse.

The project conforms with the Greater North Park Community Plan which summarizes some of the recommendations contained in the North Park Commercial Center Design Study, as follows:

Colors and Materials - Design Objectives 1. Select a color palette for building in North Park. 2. Building materials should be compatible with the architectural styles of the buildings.

The colors utilized in this project match the color scheme of the existing church building. Building materials are compatible with the existing building on-site.

Character- Design Objectives 1. Preserve, restore and enhance historic buildings. 2. Encourage architectural detailing on new buildings that is compatible with the historic character of the commercial area. 3. Suggest design features which \vill unify the commercial area.

Due to the historic nature of the existing building, plans were reviewed by Historic Resources staff. Initially, faux windows and other architectural elements were pruposeU on porlions of the RF screening, to mimic the existing building. However, issues were raised that these architectural elements could portray a false sense of history relating to the original building, so they were subsequently removed from the project. Instead, a metal band will be installed to delineate the existing building from the RF screening, which will ensure that the historic integrity of the existing building is maintained. The RF screening \\rill be compatible with the existing buildings on site by incorporating a similar color and texture.

Based on the design of this project as described above, the project will not adversely affect the applicable land usc plans.

2. The proposed development will not be detrimental to the public health, safety, and welfare; and

The Telecommtmications Act of 1996 preempts local govcmments from regulating the "placement, construction and modification of wireless communication facilities on the basis of the environmental effects of Radio Frequency (RF) emissions 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 insme that the FCC standards are being met, a condition has been added to the permit to require that Sprint perfonn a cumulative model RF test and submit the finding in a report to the City of San Diego prior to the issuance of a building permit. Therefore, based on the above, the project would not result in any significant health or safety risks to the surrounding area within the jurisdiction of the city.

Page2o£6

ATTACHMENT 5

3. The proposed development will comply with the applicable regulations of the Land Development Code, including any allowable deviations pursuant to the Land Development Code.

The Wireless Conununication Facility (WCF) Regulations, Land Development Code Section 141.0420, require that WCFs utilize the smallest, least visually intrusive antennas, components, and other necessary equipment. The applicant is required to use all reasonable means to conceal or rninimiLe the visual impact of the WCF through integration utilizing architecture, landscape, and siting. WCFs arc pcnnitted in commercial mnes with the processing of a Limited Use, Process 1 approval. While the project complies ¥lith WCF Regulations, the project requests a deviation from the FAR development regulations of the MCCPD-CL-1 zone. The allowable FAR for this zone is 0.25. The existing church facility bas an.FAR of 1.703. With the proposed project, the FAR will be 1.711. The deviation to the fAR is permitted through the processing of this Site Development Permit/Mid-City Communities Development Permit. Therefore, the project complies with the regulations of the Land Development Code.

:Mid-City Communities Development Permit- Section 1512.0204

1. Conformance \Vith Community Plan and Design Manuals. The proposed use and project design meet the purpose and intent of the Mid-City Communities Planned District (Section 1512.0101), and the following documents, as applicable to the site: the ;\lid-City Community Plan, the Greater North Park Community Plan, the State UniYersity Community Plan, the Uptown Community Plan, the :Mid-City Design Plan (California State Polytechnic University, Pomona; Graduate studies in Landscape Architecture; June, 1983), Design Manual for the Normal Heights Demonstration Area and the City Heights Demonstration Area (HCH Associates and Cary Co ad; April, 1984), The Design Study for the Commercial Revitalization of ll:l Cajon Boulevard (Land Studio, Rob Quigley, Kathleen l\'IcCormick), The North Park Design Study, Volume 1, Design Concept and Volume 2, Design Manual (The Jerde Partnership, Inc. and Lawrence Reed Moline, Ltd.), Sears Site Development Program (Gerald Gast and Williams-Kuebelbcck and Assoc.; 1987) and will not adversely affect the Greater North Park Community Plan, the Uptown Community Plan or the General Plan of the City of San Diego;

The City of San Diego's General Plan (UD- [ 5) requires that the visual impact of wireless facilities be minimi7.cd by concealing wireless facilities in existing structures or using screening techniques to hide or blend them into the surrounding area. The plan also calls for these facilities to be designed to be aesthetically pleasing and respectful of the neighborhood context. Furthermore, the plan states that equipment associated with wireless facilities be concealed from view. This project consists of panel antennas, concealed behind two radio­frequency (RF) transparent screening elements on the roof of m1 existing church building. Equipment associated with the antennas is located on the back side of the building and is screened from view. The RF screening structures have been designed to be compatible with tbe building in terms of texture and color, while at the same time maintaining a clear separation between the historic structure and the RF screening. In order to not portray a false sense of history, architectural embellishments on the RF screening have been minimized and a

Page 3 of6

ATTACHMENT 5

metal band applied to clearly indicate the new structure from the older structure. The height of the RF screening is compatible with the existing building and is slightly lower than an existing building penthouse.

The project confOrms \Vith the Greater North Park Community Plan which summarizes some of the recommendations contained in the North Park Commercial Center Design Study, as follows:

Colors and Materials- Design Objectives 1. Select a color palette for building in North Park. 2. Building materials should be compatible with the architectural styles of the buildings.

The colors utilized in tbis project match the color scheme of the existing church building. Building materials arc compatible with the existing building on-site.

Character- Design Objectives 1. Preserve, restore and enhance historic buildings. 2. Encourage architectural detailing on new buildings that is compatible with the historic character of the commercial area. 3. Suggest design features which will unify the commercial area.

Due to the historic nature of the existing building, plans were reviewed by Historic Resources staff. Initially, faux windows and other architectural elements were proposed on portions of the RF screening, to mimic the existing building. However, issues were raised that these architectural elements could po1tray a false sense ofl1islury n.::lating to lhe original building, so they \Vcrc subsequently removed from the project. Instead, a metal band will be installed to delineate the existing building fi-om the RF screening, which will ensure that the historic integrity of the existing building is maintained. The RF screening will be compatible with the existing buildings on site by incorporating a similar color and texture.

2. Compatibility with surrounding development. The proposed development will be compatible l\ith existing and planned land use on ad,joining properties and \Vill not constitute a disruptive element to the neighborhood and community. In addition, architectural harmony with the surroundi11g neighborhood and community will be achieved as far as practicable;

This WCF consists of panel antennas located behind two radio-frequency (RF) transparent screening elements on the roof of an existing church building. Equipment is screened on the side of the building. The rooftop elements are designed to be compatible with the existing building, by using similar textures and coloring. Various architectural details and design elements were proposed on the tower element screening, however after review by the Historic Resources staff, these clements were removed as they could have resulted in the project portraying a false sense of history. Metal banding bas been applied between the existing building and the RF screening to clearly indicate where the original building ends and RF screening begins. ·while there is no height limit in the MCCPD-CL-1 :zone, the height of the screening elements is compatible with the building and is lower than an existing tower element on the building. The proposed project will not constitute a disruptive element to the

Page 4 of 6

ATTACHMENT 5

neighborhood and community and architectural harmony \Vith the surrounding neighborhood and community \\'ill be achieved as far as practicable.

3. No Detriment to Health, Safety and \Velfare. The proposed usc, because of conditions that have been applied to it, will not be detrimental to the health, safety and general welfare of persons residing or working in the area, and lvill not adversely affect other property in the vicinity;

The Telecommunications Act of ! 996 preempts local governments from regulating the "placement, construction and modification of wireless comrmmication facilities on the basis of the environmental effects of Radio Frequency (RF) emissions to the extent that such facilities comply with the Federal CornmLmication Commission's (FCC) standards for such emissions." TI1e proposed project would be consistent -with the FCC's regulations for wireless facilities. To insure that the FCC standards arc being met, a condition has been added to the permit to require that Sprint perfonn a cumulative model RF test and submit the finding in a report to the City of San Diego prior to the issuance of a building permit. Therefore, based on the above, the project would not result in any significant health or safety risks to the surrounding area within the jurisdiction of the city.

4. Adequate Public Facilities. For residential and mixed residential/commercial proJects within the park-deficient neighborhoods shown on Map Number B-4104 that are not exempted by Section 1512.0203(b)(l)(A) or (B), the proposed development provides a minimum of 750 square feet of on-site usable recreational open space area per dwelling unit. The on-site usable recreational open space area shall not be located within any area of the site used for vehicle parking, or ingnss and egress, and shall be configured to have a minimum of 10 feet in each dimension. The area will be landscaped and may also include hardscape and recreational facilities;

This project consists of a Wireless Communication Facility, which does not involve a residential use. Therefore, as this finding applies to residential and mixed residential/commercial projects, this permit finding is not applicable to this project.

5. Adequate Lighting. [n the absence of a street light '"ithin 150 feet of the property, adequate neighborhood-serving security lighting consistent \Vith the Municipal Code is provided on-site; and

A street light, affixed to a utility pole, is located \vithin 150 feet of the property. No security lighting is proposed -with this project.

6. The proposed use will comply w·ith the relevant regulations in the San Diego 1\iunidpal Code.

The project complies with the regulations of the Wireless Communication Facility Regulations, Land Development Code Section 141.0420, and \vith the zone development requirements of the MCCPD~CL~ [ zone, with the exception of the FAR requirements. The allowable FAR for this zone is 0.25. The existing church facility has an FAR of 1. 703. With the proposed project, the FAR \Vill be 1.711. The deviation to the FAR is permitted through the processing of this Site Development Pcnnit!Mid~City Communities Development Permit.

Page 5 of6

ATTACHMENT 5

BE IT FURTHER RESOLVED that, based on the findings hereinbefore adopted by the Heating Officer, SITE DEVELOPMENT PERMIT NO. 1222858 is hereby GRANTED by the Hearing Officer to the referenced Owner!Penuittee, in the form, exhibits, terms and conditions as set forth in Permit No. ! 222858, a copy of which is attached hereto and made a part hereof.

Alex Hernpton, AICP Development Project Manager Development Services

Adopted on: December 18, 2013

Internal Order No. 24001891

Page 6 of6

RECORDING REQUESTED BY CITY OF SAN DIEGO

DEVELOPMENT SERVICES PERMIT INTAKE, MAIL STATION 501

WHEN RECORDED MAIL TO CITY CLERK

PROJECT MANAGEMENT PERMIT CLERK

MAIL STATION 501

INTERKAL ORDER NUMBER: 2400!891

This SITE DEVELOPMENT

zone of the Greated Lots 44 and 45, in ofthe Cormty Rcc:order

ATTACHMENT 6

grmrted by the HEARI"'G OFFICER of and SPRINT, Pem1ittcc,

,Lb,U)UIJ, and 1512.0204, ~orwnum[ies Planned District CL-1

plan area. project site is legally described as: according to Map thereof No. 438, filed in the OHice

Octlf 14, 1887.

' h1Pthis Permit, permission is granted to and maintaifi a Wireless Connmmication Facility (WCF)

dimC'1si9p., quantity, type, and location on the approved exhibits 2013,')filc in the Development Services Department.

a.

existing building; ·-

with the following dimensions: 53" by 14" by 3.15", -fn,qr>eJTCY (RF) screening, painted and textured to match the

b. Equipment, located in a 12' by 27'9'' mezzanine area;

c. W1th the processing ofthis Site Development Permit, the project is allowed to deviate from the Floor Area Ratio (FAR) permitted by the MCCPD-CL-1 zone of0.25. The existing FAR is 1.703 and the proposed FAR is 1. 711;

Page I of6

ATTACHMENT 6

d. Public and private accessory improvements detennined by the Development Services Department to be consistent \\lith the land usc 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 Pennit, and any other applicable regulations of the SDMC.

STANDARD REQUIREMENTS:

1. This permit must be utilized within thirty-six (36) months afl;er the date on which all rights of appeal have expired. If this permit is not utilized in accordance' with Chapter 12, Article 6, Division 1 of the SDMC \'Vi thin the 36 month period, this permit shall he void unless an Extension of Time has been granted. Any such Extension of Time_ must meet all SDMC requirements and applicable guidelines in effect the extension is considered by the appropriate decision maker.

2. This Site Development Pcnnit and 2024. Upon expiration of this Permit, the fac,ili1i<!!i

use of this site '!11 expire on January 6, impr.ents descfFQ,~erein shall be

i~riginal conditi~eceding removed from this site and the approval of this Permit.

5.

on the

pennit, the Ovmer/Pennittcc coJrrsidcJratill!Jl)'i1h review and a decision

to the deadline \Vill be !IJJerLal1ies· and fines.

authori£e the Owner/Permittee to the permit expiration date. Use of

.Lp2Lncy, or operation of any facility or improvement activity authorized by this Pennit be conducted

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

6. Vlhile this Pennit is in effect, the subject property shall be used only for the purposes and under the terms and conditions set forth in this Pennit 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 Permit and related documents shall be binding upon the Ov.rner/Pcm1ittce and any successor( s) in interest.

Page 2 of6

ATIACHMENT6

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

9. Issuance of this Permit by the City of San Diego does not authorize the Owner/Permittee for this Pennit 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 Permittee ~hall secure .all ne_ce~sary bui_1din~ pcnni"W~: Permittee is informed that to secure these penmts, substantial bmldmg modrficattons ati.CI llt't. tmprovements may be required to comply with applicable building, lire, mechqru~l, '. plumbing codes, and State and Federal disability access laws. · · " <.

11. Construction plans shall be in substantial

modifications, or alterations to the c~~~:~~::~ application(s) or amendment(s) to this

12. All of the conditions co1.1tainc necessary to make the findings required to comply \Vith each and granted by this Permit.

lf any condition of held by a court of Permit shall be void.

the

Smlid,ere'd and we~, detcnnincd­The Permit holder is

~mlm·n the entitlements that are

Of this Pcnnit, is fmmd or or unreasonable, this

Permittee have the right, by paying · pennit without the 11invalid" conditions(s)

for a determination by that body as to of the proposed pennit can still be made in

shall be a hearing de novo, and the to approve, disapprove, or modify the proposed

13. The and hold harmless the City, its agents, officers, and employees from actions, proceedings, damages, judgments, or costs, including - City or its agents, officers, or employees, relating to the issuance of this permit but not limited to, any action to attack, set aside, void, challenge, or annul this approval and any environmental document or decision. The City will promptly notify Permittee of any claim, action, or proceeding and, if the City should fail to cooperate fully in the defense, the Permittee shall not thereafter be responsible to defend, indcnmify, m1d hold harmless the City or its agents, officers, and employees. The City may elect to conduct its mvn defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to tills indemnification. In the event of such election, Permittee shall pay all of the costs related thereto, including vvithout limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Pennittee regarding litigation issues, the City shall have the authority to control the litigation and make

Page 3 of6

ATTACHMENT 6

litigation related decisions, including, but not limited to, settlement or other disposition ofthe matter. However, the Pennittee shall not be required to pay or perform any settlement unless such settlement is approved by Permittee.

ENGJNEERlNG REQUIREMENTS:

14. Prior to the issuance of any construction pcnnit, the Permittee shall incorporate any construction Best Management Practices necessary to comply with Chapter 14, Article 2, Division 1 (Grading Regulations) of the San Diego Municipal Code, into the construction plans or specifications.

15. Prior to the issuance of any construction permit Pollution Control Plan (WPCP). The WPCP shall be in Appendix E of the City's Stann Water Standards .. J

' HISTORIC REQUIREMENTS:

16. Prior to Issuance of any construction pe1rmnr existing potentially historic structur~n the construction documents to the HistoJifil'Resources Department for review. The construction documents shall be consistent with the Secretary of l~~'ri<Jr'sYO Development Services due

shall submit a Water ;c01:drn1ce with the guidelines

P"'"'""'"ofthe SDMC maybe required if it is .Cmllllct between the building(s) under

any

18.

19. trash, debris, graffiti; repaired or replaced

of the underlying zone. The cost of

shall be §!laded and adjusted to fall on the same premises accor(?ance with the applicable regulations in the SDMC.

shall be: maintained in good working order; free from to discourage vandalism. Any damaged equipment shall be

tli1rtv 13UI calendar days of notification by the City of San Diego.

20. The Permittee shall notify the City \vi thin 30 days of the sale or transfer of this site to any other provider or if the site is no longer operational requiring the removal and the restoration of tills site to its original condition.

21. The photosimulation(s) for the proposed project shall be printed (not stapled) on the building plans. This is to ensme the construction team building the project is in compliance with approved the Exhibit "A."

Page 4 of6

ATTACHMENT 6

22. No overhead cabling is allowed for this project.

23. The final WCF shall confmm to Exhibit "A," which includes plans and photo simulations, ptior to final telecorn planning inspection approval.

24. Prior to the issuance of a construction pennit, the Permittee shall provide a certified cumulative radio frequency model study demonstrating compliance with the Federal Cmmnunications Commission's Radio Frequency Guidelines. All significant contributors to the ambient RF environment should be considered in the radio study.

25. All equipment, including transfOnners, belonging to the Permittee shall be designed and ordinance. Ventilation openings shall be baffled Vibration resonance of operating equipment

26.

27. Within 90 days, or no later shall submit construction documents

28. Wrthm 180 shall obtain a final to the RF screening

\vith the City noise residential areas. shall be eliminated.

CAL-

is earlier), the oWner/Permittee Departments, for review and

identified on Exhibit "A".

the Owner/Permittee the proposed improvements

• "' .. ' .. pe:rll!l\t!Ione does not allow the immediate of the proposed use on site. The operation allowed

begin or recommence after all conditions listed all required ministerial pcnnits have been issued and

~~~~,:~;~~~ reservations, or other exactions have been imposed Permit, may protest the imposition within ninety days of

the approval development permit by filing a \\Tittcn protest -with the City Clerk pursuant to California Government Code-section 66020.

• This development may be subject to impact fees at the time of constmction permit tssuance.

APPROVED by the Hearing Officer of the City of San Diego on December 18,2013 and HO­XXXX.

Page 5 of6

ATTACHMENT 6

Pennit Typc/PTS Approval No.: Date of Approval:

SDP/1222858 12118/2013

AUTHENTICATED BY THE CITY OF SAN DIEGO DEVELOPMENT SERVICES DEPARTMENT

Alex Hempton, AJCP Development Project Manager

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

NOTE: Notary aclrn~~vled!liD< must be attached section 1189 et seq.

condition of

Permittee

By~~~~~~~~~=----------GLORI JAMES-SUAREZ NETWORK MANAGER

Page6of6

ATTACHMENT 7

Date of Notice: October 31, 2013

NOTICE OF RIGHT TO APPEAL ENVIRONMENTAL DETERMINATION

DEVELOPMENT SERVICES DEPARTMENT SAP No. 24001891

PROJECT NAME/NUMBER: Sprint Nextel University Avenue/242203 COMMUNITY PLAN AREA: Greater North Park Community COUNCIL DISTRICT: 3 LOCATION: 3810 Bancroft Street, San Diego, CA 92104

PROJECT DESCRIPTION: The project proposes a Site Development Pennit (SDP) to allow for the continuing operation of an existing Wireless Communication Facility (WCF) consisting of eleven antennas mounted on the roof of an existing building behind radio-frequency transparent screening. Associated equipment cabinets are located on the roof in a lease area of approximately 12 '-0'' by 27'-9".

ENTITY CONSIDERING PROJECT APPROVAL: City of San Diego Hearing Officer

ENVIRONMENTAL DETERMINATION: CEQA Exemption 1530l·(Existing Facilities)

ENTITY MAKING ENVIRONMENTAL DETERMINA TIO!\: City of San Diego

STATE.VIENT SUPPORTING REASON FOR Ei'iVIRONMENTAL DETERMINATION: The proposed project is exempt from CEQA pursuant to Section 15301, which allows for the operation, repair, maintenance, pennitting, leasing, licens.ing, or minor alteration of existing facilities (public or private) involving negligible or no expansion of use beyond that existing at the time of the dctcnnination. The proposed project, a SDP, to allow an existing WCF consisting of 11 antennas on an existing facility, and associated existing equipment cabinets is not an expansion of use. No enviromncntal impacts were identified for the proposed project. Additionally, none of the exceptions described in CEQA Guidelines Section 15300.2 apply.

DEVELOPMENT PROJECT MANAGER: MAILING ADDRESS:

PHONE NUMBER:

Alexander Hempton 1222 :First Avenue, l\TS 501 San Diego, CA 92101 (619) 446-5349

On October 23, 2013, the City of San Diego made d1e above-referenced environmental dctennination

Page 1 of 2

ATTACHMENT 7

pursuant to the California Environmental Quality Act (CEQA). This determination is appealable to the City Council. If you have any questions about this determination, contact the City Development Project Manager listed above.

Applications to appeal CEQA determination made by sta[T (including the City Manager) to the City Council must be filed in the office of the City Clerk within 10 business days from d1e date of the posting of this Notice (November 15, 2013). The appeal application can be obtained from the City Clerk, 202 'C' Street, Second Floor, San Diego, CA 92101.

This information will be made available in alternative fonnats upon request.

Page 2 of2

NORTH PARK PLANNING COMMIITEE

Draft Minutes: August 21, 2012- 6:30PM www.northparkplanning.org

info@northparkplanning.org

ATTACHMENT 8

Like us: IJ NorthParkPianning Follow us: rl @NPPianning

I. Call to order: 6:34pm

II . Members in Attendance (13): Rene Vidales, Dang Nguyen, Omar Passons, Cheryl Dye, Vicki Granowitz, Lucky Morrison, Carl Moczydlowsky, Brandon Hilpert, Peter Hill, Rick Pyles, Dionne Carlson, Robert Barry, Roger Lewis.

Ill. Absent (2): David Cohen, Steven Williamson IV. Modificat ions to and Adoption of the 7/17/12 Agenda.

Motion to adopt: Lewis/Dye 13-0-0 V. Consent Agenda:

a. Aug 6, 2012 UDPR In attendance: Dye, Barry, Steppke, Bonn, Callen, Pyles, Hill) Sprint Nextel University Ave 73810 Bancroft St NP Ba t ist Church) Project No. 242203, Process 3 SOP. Proposed modif ication/ ex anston of an extsttng Wireless Communication Facility in the Cl-1 Project proposes to add 12 radio transmitters and 4 combiners to the existing 11 antennas, 1 GPA antenna, and 6 equipment cabtnets. The existing WCF permit has expired. Motion: To approve as presented. Hiii/UDPR 13-0-0 on consent

VI. SDPD - Mid-City Community Relat ions Officer Jenny Hall

a. Social Cycles- vehicle is not a pedicab. Schedule a meeting to review the business and appropriate ordinances. Not regulated by ABC, PUC. Stance for NPPC is premature.

b. Brawl at U31 turned into a stabbing- no one in custody as of today, on going investigation. Probably an incident between known parties. Other incidents at U31 have sparked interest from multiple regulatory bodies.

c. Trends: decrease in stolen vehicles in North Park over the last 3 months. Also have a lot of vehicles recovered. Break-ins to vehicles decreased in August. Residential burglarized - a few recent arrests.

d. Stonewall citizen's patrol- attended first meeting, supports the group. e. Contact- jmason@pd.sandiego.gov (email is best), desk number 619-516-3009

VII. Approval of Previous NPPC Minutes: July 17, 2012 a. Vidales/Pyles 10-0-3 (Passons, Moczydlowsky, Ngyuen)

VII I. Treasurer's Report: David Cohen No report IX. Chair's Report/ CPC

a. CPC i. Mayoral candidates to possible speak at CPC on land use issues important to cpg's

ii. CIP developing potential process for CPC/CPG public input, PPP attached b. North Park- Mid-City Regional Bike Corridor Project, a SANDAG Project, Public Outreach to start t his fall. c. Uptown Planners vote on UHCA boundary adjustment & next steps

i. Vote taken to support UHCA requested boundary adjust of portions of NP to Uptown Planners ii. There is still no Ci ty process in place

iii. A number of inaccuracies about the NPPC where stated by Uptown Planners Board with no abil ity for the NPPC to correct the record.

d. SOHO fi led suit challenging Plaza de Panama Project 8/13/12 see Press Release below X. Announcements & Non Agenda Public Comment (2 min. m ax each) Please fill out a Public Comment Sheet and give to

Secretary prior to the meeting

a. Ross l opez on Uptown Planners vote on the UHCA boundary adj ustment proposal- UHCA petition was not seen by Uptown Planners, but sited as justification to support. Minor changes require 75% petitioning. 476 signatures not significant enough number to qualify in 4000+ district. UHCA is a paid dues organization. Hopes that NPPC will continue to fight for the area.

b. NPMS- Cheryl Dye: NPMS is contracting with Elite security for a bicycle patrol. NPMS board openings, looking for new members. NPMS Board reached an informal consensus in opposition to the Jack In the Box project. Letter has been sent to the planning commission and Angela will be presenting to the planning commission.

Page ~ of 11

ATTACHMENT 8 c. Jack in the Box - Planning Commssion August 23, 2012 9 AM, SO Concourse 202 C St, 2"d Fir Silver Rm. See SO

Concourse layout below. d. SO Regional Walk Scorecard Sept 15-30 WalkSanDiego: htto:Uwww.walksand1ego.org/ Further info will be

presented at the meeting Is attached & below e. Communication for Pedestrian Safety, free training & lunch workshop. Sept 19 ,9am-2pm for more info or to

register http://communications-for-pedestriansafety.eventbrite.com or call Leah at 619-544-9255 see flier below f. 3'd Annual NP Historical Society Car Show - Sat, Sept 8, 2012 10am-2pm, Balboa Tennis Club 2221 Morley Field Dr

.Flier attached/below or northparkhistory.org. Still welcoming entries. g. Public Outreach to start this fall : Regional Bike Plan Proposed lnitiallmplementation_for info:

http://www.sandag.org/uploads/meetingid/meetingid 2991 12823.pdf h. San Diego Regional Bike Plan: http://www.sandag.org/uploads/projectid/projectid 353 10862.pdf i. Toyland Parade December 1, 2012 needs financial assistance & sponsorship, forms attached for more info Debra

Fuentes, Victoria House Non-Profit: mkmtrust2@yahoo.com. Back to the Past theme ... XI. Planner's Report - Marion Pangilinan, 619.235.5293; mpangilinan@sandiego.gov

a. Community Plan Update- See Agenda Item V.E. below XII. Elected Official's Report

a. Katherine Fortner, Hon. Susan Davis, US Congressional District 53, Katherine.Fortner@mail.house.gov- New federal courthouse is almost completed. Attended Stand-Down to provide homeless vets services. Accepting internship applications for the fa ll for DC and San Diego now being accepted.

b. Lindsey Masukawa, Hon. Toni Atkins, State Assembly District 76, llndsey.Masukawa@asm.ca.gov - No report. c. Anthony Bernal, Hon. Todd Gloria, City Councilmember District 3, ABernal@sandiego.gov - Chair of budget and

finance committee: parking district revenue has been accumulating in NP- $24SK. Looking to expedite projects with those funds. Opened 47 new parking spaces on Idaho. CIP mechanism for community input. Veteran's transitional housing in previous Thomas Jefferson law building - approved CUP. Repaved 23 additional streets. Bike Corrals are being installed in front of the Linkery in mid-September. Community Coffee on September 15 10:30-11:30. McKinley joint use is ready to progress again. Juniper Street improvements are going out to bid in September.

XIII. Subcommittee Reports: a. Urban Design/Project Review, Robert Barry, Cheryl Dye - NP Adult Community Center, 6:00pm 1st Monday. Next

meeting, Sept TBD or Oct 2012 i . Nextel on consent. AT&T tower on boundary was continued for a new redesign in October.

ii. Next meeting in October, no meeting in September. b. Public Facilities/Public Art, Dionne Carlson, Rene Vidales- NP Adult Community Center, 6:00pm, 2nd Wednesday.

Next meeting, Sept 12, 2012 i. No meeting this month. Next month discussing infrastructure projects and traffic calming projects.

c. Utility Boxes, Cheryl Dye, Dang Nguyen - meetings on an as needed basis i. CPC recommendation was denied, workshop at CPC showed progress, needs additional focus.

Councllmember Gloria's office is taking the lead on setting up a series of workshops starting in late September.

ii. Council audit committee has added utility undergrounding program to their scope. iii. Letter sent out regarding undergrounding on Lincoln, property owner to give "right of entry permit" by

August 25'h or the homeowner is responsible for connecting to the undergrounded utility. d. Bylaws Ad Hoc Committee, Vicki Granowitz -meetings TBD

1. First meeting, agreed on a scope of work and started review. Will have the first set of recommendations next month.

XIV. liaisons Report a. Balboa Park Committee - Rob Steppke

i. No meeting, September meeting will address the lily pond vandalism. b. Maintenance Assessment District - Lucky Morrison

i. Discussion on opinion from the City Attorney on special assessment districts and additional benefits. Differentiation of level of services that qualify for funding on services and MAD scope.

ii. Resident seat is open iii. Next meet ing on September 10.

c. NPMS Sustainability Committee - Rene Vidales i. Sustainabili ty in the community plan and making progress on t he goals of the conservation element.

Recent ly awarded grant from SHPO. ii. Thursday at 4:00 is the next meeting.

Page 2 of 11

ATTACHMENT 8 XV. Action & Discussion Items

a. WalkSanDiego: SO Regional Walk Scorecard www.walksandiego.org/get-involved/volunteer i. Steve Codraro- volunteer opportunity to score neighborhoods on walkability. Translate to map for funding

requests. Walk 1-2 hours in the second half of September. b. Water Tower/Storage & Pumping Station District: NPPC letter of support for designation

i. Proposed Water Tower historic designation, Alexis Bevil, Steve/Katherine Hon presented. Would like a letter of support for the nomination to be sent to SHPO. 10 contributing elements to the district

ii. MOTION TO APPROVE LETTER Of SUPPORT: l ewis/Passons 13-0-0 c. Jack in the Box Potential Appeal of Planning Commission (PC) Action. (Passons Recused do to potential conflict of

interest) i. PC hears item on Thursday, Aug 23, with a 10 day window to appeal to City Council. Should NPPC want to

appeal, board needs to take act ion today. ii. MOTION: For the NPPC to Appeal the Planning Commission Approval of the Jack in the Box Project#

213093 (only to be used in the event the PC approves the project on 8/23) lewis/Barry 12-0-0 d. Social Cycles- request Councilmember Gloria for assistance in obtaining more specific information & clarification

on operating rules for Social Cycles. DSD has said SD Muni Code §83.0101 - §83.0133 on Pedicabs also covers Social Cycles. To read the Code: http://docs.sandiego.gov/municode/MunlCodeChapter08/Ch08Art03Division01.pdf

i. MOTION (Failed): To submit the request with the following changes: Page 1, Paragraph 2- strike the phrase: "is a "Party on Wheels". More specifically, it"; Municipal code review section 2- §83.0125 Prohibitions on the Manner of Operating Pedicabs, section (g), bullet 1-strike the phrase: there is a high degree of likelihood that occupants will be Intoxicated; Strike all of section 7: Process for Managing Inebriated Customers; Remove Attachment 2: Social Cycle Continuing impacts on North Park Area from effected residents Moczydlowsky/Hilpert 5-8-0 (Passons, lewis, Hilpert, Nguyen, Moczydlowsky voting for the motion)

ii. MOTION: The NPPC Requests Councilmember Gloria's obtain clarification from the Development Services Dept & the City Attorney on issues related to Social Cycles that are not clearly covered in SO Muni Code §83.0101on Pedicabs. 8-5-0 (Passons, lewis, Hilpert, Nguyen, Moczydlowsky voting no)

e. Oversight Board letter (Dye recuses do to potential conflict of interest) i. Lewis- propose letter to the "oversight board" to continue to support the ROPS projects for development

within the community. ii. MOTION TO APPROVE LETTER with minor amendments Moczydlowsky/Ngyuen 12-0-0

XVI. Unfinished & Future Agenda Items a. None

XVII. Next M eeting Date: August 21, 2012

XVIII. Motion to Adjourn: Vidales/ Carlson 13/0/0

Page S of 11

August21 , 2012

Mr. Milford Wayne Donaldson State Historic Preservation Officer Office of Historic Preservation 1725 23rd Street, Suite 100 Sacramento, CA 95816-7100

Dear Mr. Donaldson:

NORTH PARK I' LAN INC COMMITTEE "'" w .northpal'l,planning.org info{tt·norlhpnrkplanning.org

Like tts· IJ NorthParkPiannmg Follow us:~ ili.'Nf>l' lanrung

ATTACHMENT 8

The North Park Planning Committee supports the North Park Historical Society's application for placing the University Heights Water Storage and Pumping Station Historic District on the National Register of Historic Places. The water tower is one of the most visible landmarks of the Greater North Park community and the structures that make up the proposed Historic District. including those that are no longer in existence, were absolutely critica l components for the development of North Park and the surrounding "streetcar communities• during the early 201

h century.

The history of the development of San Diego and its historic streetcar communities is inextricably linked to the development of water infrastructure. The placement of the proposed Historic District on to the National Register would officially recognize and hopefully protect an important component of that infrastructure.

Sincerely,

Vicki Granowitz. Chair North Park Planning Committee 619-584-1203 NPPC-Info@cox.net

Page~ of 11

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Page~ of 11

ATTACHMENT 8

CouncilmemberTodd Gloria 202 C St San Diego, CA 921 0 I

August 2 1, 20 12

~ORTH P-\RK PL.-\!\ 1:'\G 0 \ B IIlTIE f!!!!IIJp orl£!<JIIIIJ!!L!.~

LJlr U< !l;onhParl.PI ... Ig; f'o//oM 11.1 ~ :e SJ'I'f!amn;

ATTACHMENT 8

Re: Social Cycles

Honorable Counci lmember Todd Gloria:

Recently, the North Park Planning Committee (NPPC) has received a number of inquiries and complaints regarding Social Cycles operation in North Park. Specifically with regard to their noise and other impacts when parking in residential areas, and concerns about their safety, licensing, etc.

A Social Cycle '·is a 16 person manually povvered bicycle, with a maximum speed of 5 to 8 miles an hour, with navigation provided by an employee. Passengers must be 21 yr. old and sign a waiver. There is no safety equipment required by the operators and no drinking is allowed while on the cycle.

The NPPC believes that, like pedicabs, social cycles will become a very popular activity and tourist attraction which could add to the ambience of a commercial district. While Social Cycles look like a lot of fun, without regulations specific to these vehicles, along with appropriate City processing, regulating and enforcement, they have the potential to become one more battle ground between business and residents, particularly those living in the CNI-2 Transitional Zone. We hope to avoid tl1is scenario with early intervention.

While Social Cycles have run in Amsterdam as well as locations in the United States, they are new to San Diego, which was recently the site of their Wes t Coast launch. According to the Socia l Cycle's website: http://socialcyclesd.com/ they are currently ·'hosting tours throughout San Diego". ll owever, the only defined routes on the website are in Council District Three (see addendum below). They are:

• North Park

• South Park

• Bankers Hill

• llillerest

• University Heights

*Downtown, while not a defined route is prominently featured on the website.

lf you review the routes listed on the Social Cycles website, you will note they only list restaurants and bars. There also appear to be plans to expand into other council districts, so this will likely become a citywide issue at some point. From North Park's past experience with party buses, we feel it is important to pre-empt or at least mitigate potential problems with these vehicles, rather than waiting for the obvious to occur.

DSD has refe1Ted us to the Pedicabs ordinance for guidance. Municipal Code 83.010 1 which states:

Page 8 of 11

ATTACHMENT 8 "The Council finds that pedicahs are a popular form of non-motorized transportation

in San Diego. This Division is cnacwd in response to concerns due to the increasing prevalence of pedicabs. It is necessary to enact regulations governing pedicabs, operators, and mvners to protect the health, safety and welfare of the general public, and passengers using pedicabs. It is further the intent of this Division to facilitate the safe, orderly flow of traffic and to relieve congestion and traffic hazards associated with pedicab use."

The NPPC finds much to be consistent with the purpose and rules for operation ofp'edicabs and the social cycles. However, there are several unanswered questions and some possible discrepancies. These include but me not limited to:

1) §83.0103R§83.0104 The Application and Permitting Process a) Are the cycles going through the application process defined as in §83.0103-§83.0107 & §83.0115

b) Are they being issued a Decal, so the public lrnows they are legitimate, are insured and have agreed to comply with

all City rules & regulations?

c) Is proof of insurance being checked?

2) §83.0125 Prohibitions on the Manner of Operating Pedicabs

(a) It is unlawful to operate, or for any owner to allow to be operated, a pedicab during the hours of daTlrness, \v:ithout using battery-operated taillights mounted on the right and left, respectively, at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab. • Has the City made sure these public safety rules are in place and functional for Social Cycles?

(b) It is unlawful to operate a pedicab on a City street with a posted speed limit in excess of25 miles pcrhour tmless the pedicab is operated w-ithin a class II bike lane.

• 30th street between South and North Park will have a stretch of posted 30 miles an hour. (Change has been

approved and publicly noticed we arc just waiting for installation). How will this be handled'?

(g) It is Lmlawful to operate a pedicab unless all passengers are restrained by seatbelt. (*See also §83.0125 .Equipment Regulations for Pedicabs) • Social Cycles do not have seat belts or any other type ofrcstraining device. Given the fact the current focus is on

providing a "bar/restaurant cnlV·il" (See Attachment 1 for tour slops-taken from the website) there is a high degree

of likelihood thal occupants will become intoxicated.

• On the Social Cycles FAQ, in answer to the question, "Have there been problems in the past vvith peoplefatling

Ojj?" the response was," To our knowledge, in the I I years that now more than 20 hikes have been in operation

across multiple cities and growing, only I significant iryjury has been reported. The person decided to jump off

while the bike was moving, fell, and broke an ankle. Hence, our strict rule: Do JVOT attempt to get ojj'the bike

while it's moving!

It is difficult to know what would be "best practices" to insure the safety of Social Cycles' customer~. We ask that some study of this issue be conducted by the appropriate City Departments.

3) §83.0110 Pedicab Parking

(a) To provide drop off and pick up areas for pedicabs, the City Manager may locate and designate Pedicab Parking Zones within the Restricted Pedicab Zones. • North Park does not have designated parking spaces for pedicabs; this section needs to be amended to more

specifically deal ·with parking issues related to social cycles.

(d) It is unlawful to park a pedicab in a metered parking space.

• The ordinance prohibits pedicabs from parking at meter spots. This should be reevaluated for social cycles since

their operations are scheduled in advance and do not set idle waiting for a fare.

4) Allowable Pedicab Permits

i)Will cycles be included in the pedicabs lottery process?

Page 7 of 11

ATTACHMENT 8 ii) Do they fall \vithin the pedicab maximum number of allowable permits per year?

iii) Does this mean there will be fewer pem1its available for pedicabs?

iv) Tf lhere are no more permits available this year, how can any social cycles be permitted under the pedicab

ordinance

v) This section of the ordinance needs review and amending to establish pennit limits based on OS D's ruling

that social cycles fall under the Pedicab Ordinance.

5) The Drop Off and Loading Issues for Social Cycles arc substantially different from pedicabs.

• This topic should be studied, and the ordinance amended to address those differences.

• Cunently the cycles are being loaded and unloaded in residential areas, creating unsafe conditions as well as

annoyance when, for example, the operators block a resident's driveway, We ask that this practice be studied and

considered for prohibition.

6) Music: The Social Cycle is equipped with a radio, CD player and iPodjack or passengers can bring their own items to

play.

a) How loud is the music allowed to be?

b) Can customers bring and use their own equipment?

7) Process for :.VIanaging Inebriated Customers a) \Vhat kind of training will the Captains have in dealing with issues related to excessive alcohol usage? How would

excessive usage be defined for the operator?

b) What kind of authority will the Captains have? If there are disruptive passengers on the cycle would there be some

kind of clause required by the City and to be included in the rental agreement between the social cycle company

and the passengers that says something like, "the Captain will call a taxi and have any offending parties returned

to the social cycle rental site at the offender's expense?"

c) What responsibility \\ill the operator have when he notices a customer has become dangerously drunk? This is a

complex issue, since the cycles themselves do not serve alcohol but in a sense they could be seen as facilitating

alcohol consumption.

i)Do the operators receive specialized training to deal with the kinds of public safety issues thal arise when you

have alcohol as a factor? For example will the owners of the company require operators to attend training on

hospimlity issues, as many bar o"~.¥ners require of their employees currently?

ii) Will those operators be held legally liable, much as bars arc if they allow a customer who is clearly inebriated

to get in a car drunk and cause an accident?

iii) Do DUT laws apply and if so how? While, there is a 'captain' that steers the vehicle, the 'power' of the vehicle

is provided by passengers peddling, it seems that alcohol influence would ce1iainly apply somehow. Please

clarify.

iv) \Ve realize there are differences between bars which serve alcohol and tbe cycles \vhich convey customers

between bars/restaurants, but these factors need clariftcation to insure the safety of the social cycle's

customers and the communities with in which they operate.

For all these reasons, the NPPC asks that Development Services Department, the City Attorney and the San Diego Police Department clm.ify and provide direction on the topics covered above. \"'1/c further recommend the Pedicabs Ordinance be m.nended to address specific issues related to social cycles. Our goal is to have the Social Cycles business operate successfully and safely, while protecting our citizens and mitigating impacts to residential areas. The NPPC is available to assist in these goals. Thank you for your attention to this business, tourism, quality of life and public safety matter.

Sincerely,

Page 8 of 11

ATTACHMENT 8

Vicki Granowitz Chair NPPC

Attachment 1: Infonnation & picture taken from social Cycle website Attachment 2: Social Cycle Continuing impacts on N01th Park Area from effected residents

cc Jan Goldsmith, City Attorney Chief William Landsdowne, San Diego Chief of Police Kelly Broughton. Director of Development Services

San Diego CRO Jenny Hall Angela Landsberg, Executive Director NPMS Joe LaCava, Chair CPC Beth Jaworski, Chair Uptown Planners Pat Shields, Chair Greater Golden Hill Planning Committee Ernie Bonn, University Heights CDC

Page~ of 11

ATTACHMENT 8 Attachment 1: Information & picture taken from social Cycle website http://socialcyclcsd.com/ on 8/20/ 12

Routes

With 2 bikes in operation in San Diego, the Social Cycle currently offers tours in North/South Park; Bankers Hill/Hillcrest and Hillcrest/University Heights.

North/South Park Route: Starts and Ends near 29th and University (behind West Coast Tavern). Some stops include (but are not limited to): Bluefoot, Mosaic, True North, Bar Pink, West Coast Tavern, URBN, U-31 , Toronado, The Office, Ritual, Tiger Tiger, Station Tavern, Whistlestop, Rose's Wine Bar and Stone Brewery Tasting Room.

Bankers Hill/Hillcrest: Starts and Ends near 5th and Laurel and heads North and West of 5th Ave. Some stops include (but are not limited to) : Cucina Urbana, Avenue 5, Barrio Star, Jimmy Carters, The Caliph, Nunu's, The Loft, Tractor Room, R

Gang Eatery, Busalacchi's, Babycakes, Fiesta Cantina and Mo's.

Hillcrest/University Heights: Starts and Ends near Vermont and Richmond. Some stops include (but are not limited to): Wine Steals, Eden, Baja Betty's, Ruby Room, The Alibi, Gossip Grill, Bourbon Street, Small Bar, Lei Lounge, Lancers and Cheers.

Pending traffic and parking, the Social Cycle can pretty much make stop at all of the above places along these routes.

Custom routes in other areas are available! Please call us at 619.846.9436 or e-mail info@socialcyclesd.com for customized route information and rates.

(619) 846-9436

Attachment 2: Social Cycle Continuing impacts on North Park Area submitted by impacted

res idents August 2012

Page ~~of 11

Socia l Cyd e continuing Impact on North Park area April 14, 2012

_..,..,. W.l .,.srolCD,Iol l'l<ilcn •:J>I.., s.r'"""""""IUfr..,.,..,..rom.or-"'a""".c ' Ct" • t •f1ii*• C'fUt:-v~.- ·~v"'t*WC'TC\Cf'O.l~<::MMU,.., •N"'~~

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Page 11 of 11

ATTACHMENT 8

JlJL-03-3012 1'2: 18 North Park Baptist Church p .002

ATTACHMENT 9

Ownership Disclosure Statement

Approvall'ypa: Cltet!k approf,llilJ.W b~;~K f~ IV!X' D'l approval {s)raqumltedl r NeighbPrhOOI:I Uoo Pmmit I~~ D$V~Iopm;mt F'~nnlt

r Ne~jghlwlhood OGvlii~Qp!I'JEml Permit )X Site Development Permit r Plerm~;~r;l De\ll;IIOJll'lll'lnt Fit~tm!l r CorWJtlonal Use Penni! f'-'V~;~tiai'l¢<;1 jTenletive M~p r VMtin(JTentatlve Map r Map Waiver r l.al'ld Use Plan Am~ndrtKUlt ' r Oitwr

IA<Iditlonal page~ attached rYes

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Slrt!sl Address!

Phone. Nol

Datm:

Page 1 of 3

' " "'"..,.

ATTACHMENT 9 PftJjt~ot 'ri1:1\l; ' Sprint Nextel Unlvi'lrsi Ave,

~~To b.e complllrted when property is held by a corporation or: parfuen:"fP o=J log~'!.! StMw (pi~~;~~;~;~ c:he~;:k):

IX Corporation r.· limited Llablllty ..or~ r Ganeral) Whm Stale'? __ Corpl)l"l'ilte !deritlflcatlon No_ CJ f5.2:.l.:2 ..J 01 (.~ N r P;!!:rtnership

,Sysigning the Ownership Disclosure Stm.emoot. the woerlsl ~0.~~ tbat an aptilioot!on for a psrmil. m~p or other m~l!ilr. as jdenijfi~e, will bejJ!eQ :«ltb :the CitY of Sen Dlago on tha sublset promrtywith the inten~~ :IDs:..ni:P.ReflY.. Please list below tlw names, titles and ~dtlre~~llliil of au p~mrons who have an interest ln the property, recx.rded or othervJ!se, and stale the ty~ ofp.ropsrty Inte-rest (e.g, tenants who will benefit fmm the permit, all oorporate offioern. and all partners In a r:~artnen:hip who own the property), A signatutl!l is required oft~t least Of$ .. 0Ube corporate off!®rs or ~ertners__wbo own the omperty, A1t!lch additir;maJ P"9<lB it needed. Note~ The epplle&nt Is roopcnslble for notifying the ProJecl Mi!ln~~rof any tltanges in Qwoer.ship during th~ timE: the application is being prooossed or cons!d.,..red. Chango$ in owner.ship are to be givM to the Project Manager at IMI'lt thirty days priOr to any public hearing on thG subject property, ~al!urli\ iQ provide al.:cutate and curren.townemhlp lnfomlatlon could result In a delay in the haarlng process. Additional pages attacOOd 1 Yes JV1il:o

Cfirporate/Partnersh!p Name (type or prln.t): ebrporhliDl'aHht;'ltshlp Nafub ttype or prinfj;

I Tenanlll.essee

City/S!r:t&ifZip:

l!ihcna No:

Nam1,1; of Corporete olncer/Partt1er (typ~ or print):

Title~ (type or print):

Slgnatuta:

rremmil!.,e~e

Cily(Stataiilp:

Phone NC!: Fax No~

lltl& (typ~ or prlrrt}:

r OWner )"". Tenan11L.es~e

City/State/Zip:

Fax: No:

NI'J\'l'ilj cf Ccrparal\!J Offit.et/Partnar (type or print):

Signature:

rownar StmM: AatfrooS!

Phone Nn:

Name of Corpamte Of!loet/Pen1ner (\ypeQr prinL);

Title (type or prlnf):

Signature: Diiie:

rOwner

$1l'$Bt Addre&ll:

City/S~ta/Zip:

Phooe No:

Name of Corporate Offioor1Prn1ner (type QT print);

Tille (typ_, 1;1t pritrt)~

Page 2 of 3

ATTACHMENT 9

SPRINT EXECUTIVES

• Dan Hesse, Chief Executive Officer

• Joseph J. Euteneuer, Chief Financial Officer

• Matt Carter, President, Sprint Enterprise Solutions

• Michael Schwartz, Senior Vice President, Corporate and Business Development

• Steve Elfman, President of Network, Technology and Operations

• Bob Johnson, President-Sprint Retail and Chief Service and Information Technology

Officer • Bill Malloy, Chief Marketing Officer • Sandra J. Price, Senior Vice President, Human Resources

• Bill White, Senior Vice President, Corporate Communications and Corporate Social Responsibility

• Charles Wunsch, Senior Vice President, General Counsel, Corporate Secretary and Chief Ethics Officer

• Dow Draper, President, Prepaid

Page 3 of 3

AERIAL MAP

EXISTING

DCI PACIFIC 1- 1,.. WORKS

AIICHrT!;ClUR£ I !NGIN£ERIIIIG I CONSUllliiiG JHXECIIfM PAIIIC I $\HTE 110 IIRIIIN£ f C.A 92614

T 94 .. 75 1000 19~475 1001 F

PROPOSED

Sprint ), Together w i th NEXTEL

P-a

UNIVERSITY AVENUE/ SD35XC067 (NORTH PARK BAPTIST CHURCH)

381 0 BANCROFT STREET SAN DIEGO, CA 92104

ATTACHMEbJJ 6

VIEW SHEET

A 112

AERIAL MAP

EXISTING

DCI PACIFIC I - I - WORKS

1\RCiirrECTUII£ I ENGINEERING I COMIJLnNG U VCECIJ1'lllt PARK I SUfrr I 10 I IRVINE I CA 926 1•

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PROPOSED

\'"'~ Sprint T Together with NEXTEL

ATT:A.CHM~NT 1

TEXTURE/PAINT EXISTING FRP SCREEN WALL TO MATCH EXISTING BUILDING

UNIVERSITY AVENUE/ SD35XC067 (NORTH PARK BAPTIST CHURCH)

381 0 BANCROFT STREET SAN DIEGO, CA 92 104

VIEW

8

SHEET

2/2

~======~~==========================~~~===========-Page ~of2~================~~~~====~~~========~========~

ATTACHMENT 11

Sprint Nextel SD35XC067- University Ave, North Park Baptist Church

Photo Survey Key Map

Page 1 of 5

ATTACHMENT 11

1. View of North Elevation of site.

2. View of South Elevation of site.

Page 2 of 5

3. View of East Elevation of site.

4. View of West Elevation of site.

Page 3 of 5

...

ATTACHMENT 11

IIlii!~ 11111111•

ATTACHMENT 11

5. View looking North from site.

6. View looking East from site.

Page 4 of 5

ATTACHMENT 11

7. View looking South from site.

8. View looking West from site.

Page 5 of 5

SD35XC067 University Ave. Telecom Site Justification

SD35XC067 University Ave. TELECOM SITE JUSTIFICATION LETTER

ATTACHMENT 12

1. Description of the location, type, capacity, field strength or power density and calculated geographic service area of the proposed antenna or antenna array.

LOCATION AND TYPE Sprint Nextel is renewing an existing WCF consisting of 11 antennas, 6 equipment cabinets at mezzanine level and 1 GPS. This existing facility is unmanned, operat ing 24 hours a day. The only visits to the site will consist of any emergency calls as well as regu lar maintenance visits once every four to six weeks.

FREQUENCY AND POWER SPECIFICATIONS The transmitting frequency is 199()..1995 MHz and the receiving frequency is 1910-1915 MHz

COVERAGE AND CAPACITY The objective of this existing site is to provide coverage to the residential areas surrounding University Ave. and Bancroft. Please refer to the coverage map for existing coverage gap.

2. Location of all existing, proposed and anticipated wireless telecommunications facilities in the Applicant/Permitee's network located within a 1 mile radius from proposed site.

Please refer to justification and coverage maps.

3. A description of how the proposed facility fits into, and is a necessary part of the Applicant/Permitee's network.

The objective of this existing site is to provide coverage to the residential areas surrounding University Ave. and Bancroft. Please refer to the coverage maps for an illustration of the existing coverage gap.

4. If the proposal does not include collocation, written documentation of all efforts made to collocate at another site, and a justification for the decision not to collocate.

This site is an existing WCF. Sprint will not be collocating with any other carrier.

5. Discuss alternative sites and why they were not selected.

No alternattve sites were selected due to this site being an existing site.

Page 1 of 4

-o D.)

<0 CD N 0 -.:::...

* =Sprint Nextel University Ave

A = Existing sites

Sprint Nextel University Ave. Site Justification Map

No collocations or alternative sites due to this being an existing site.

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THE Crry OF SAN DIEGO

DATE OF NOTICE: December 4, 2013

NOTICE OF PUBLIC HEARING HEARING OFFICER

DEVELOPMENT SERVICES DEPARTMENT

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

PROJECT TYPE: PROJECT NO: PROJECT NAME: APPLICANT:

COMMUNITYPLA-'1 AREA: COUNCIL DISTRICT:

CITY PROJECT MANAGER: PHONE NUMBER/E-MAIL:

December 18, 2013 8:30A.M. Council Chambers, 12th Floor, City Administration Building, 202 C Street, San Diego, California 9210L SITE DEVELOPMENT PERMIT, PROCESS 3 242203 SPRINT- UNIVERSITY A VENUE CAITLYN KES, DEPRATTI, INC., AGENTS REPRESENTING SPRINT GREATER NORTH PARK District 3

Alex Hempton, Development Project Manager (619) 446-5349 I ahempton@sandiego.gov

A~ a property o>vner, tenant, or person >vho has requested notice, please be advised that the Hearing Officer will hold a public hearing to approve, conditionally approve, or deny an application for a Site Development Permit (SDP) for a Wireless Communication Facility (WCF) consisting of panel anlennas located on the roof of an existing building, concealed behind radio-frequency transparent screening. Equipment a~sociated with the antennas is located in an equipment area integrated >vith the existing building. The project is located at 3810 Bancroft Street, on the North Park Baptist Church.

The decision of the Hearing Officer is final unless appealed to the Planning Commission. In order to appeal the decision you must be presenl at the public hearing and file a speaker slip concerning the application or have expressed interest by writing to the Hearing Officer before the close of the public hearing. The appeal must be made within 10 working days of the Hearing Officer's decision. Please do not e-mail appeals as they will not be accepted. See Infonnation Bulletin 505 "Appeal Procedure", available at w·wvl.sandiego.gov/development-services or in person at the Development Services Department, located at 1222 First Avenue, 3rd Floor, San Diego, CA 92101. The decision made by the Planning Commission is the final decision by the City.

Page 1 of 2

ATTACHMENT 13

This project \Vas determined to be categorically exempt from the California Environmental Quality Act on October 23, 2013 and the opporhmity to appeal that determination ended November 15,2013.

If you wish to challenge the City's action on the above proceedings in corut, you may be limited to addressing only those issues you or someone else have raised at the public hearing described in this notice, or writ1en in correspondence to the City at or before the public hearing. If you have any questions after reviewing this notice, you can call the City Project Manager listed above.

This information will be made available in altemative formats upon request To request an agenda in alternative format or to request a sign language or oral interpreter for the meeting, call Suppmt Services at (619) 321-3208 at least five working days prior to the meeting to insure availability. Assistive Listening Devices (ALUs) are also available 10r the meeting upon request.

Internal Order Number: 24001891

Revised 04/08/10 HRD

Page 2 of 2

Sprint) Together with NEXTEL

j NE-rWORK VISION MIVfBTS LAUNCH] UNIVERSITY AVENUE, NORTH PARK BAPTIST CHURCH

SD35XC067 3810 BANCROFT STREET

SAN DIEGO, CA 92104

!NOTE: 1. FOR CLARlTY, ALL E:XISTING ELEMENTS TO REMAIN

~.UNCHANGED WILL 8E CALLED OUT AS 'EXISTING'. ALL

XISTING ELEMENTS REQUIRING NEW WORK WILL BE ALLED OUT CLEARLY AS SUCH • • FOR ADDITIONAL CLARifY, ALL CALL-OUTS FOR NEW

NSTALLAT!ON/WORK WILL BE BOXED.

~' JOiiMil.~ YU. DQ HOREer Cffillf'l "IH:IT fHO SlllUCTIJRI'ii'!Ji' 'JOW1CA110N 10 OXImrNO SffiUCTIJRE S SHO",IN ON THESE PLA~S 00 I~OT RI':OUIR~ flJl IMA~ON /JlMINISTM110N NODRC.~llON eeCAUS€ Pffi StCUO~ 77.1~ (A) OF 1111£ 1< OF THE COllE F£DERAl,,R~e:GUl.AliONS c!l1 Plm 71. NO:IFICATION 1$ NOt .~.EQ\JIRto.' I

'<,

'~ • •

DEVELOPMENT SUMMARY DRAWING INDEX APPLICANT INFORMATION

' ' '

'' ' ' '

PROJECT rEAM: CONSTRIJCTION:

PHONt: SITE ACOUISITIO.~:

PHOI<£; PlANNING:

PHON£\ ARCHITECT:

PHO~E:

'

' ' 1 AT ~EW.NINO l£1/EL

r NEW.NrNE W.'l:l

; ) P£~ SECTOR

PAUL HOKENESS (MB) 231 .. ·8869

BECKY StsKOWS~I (808) 24~-2900

BECKY SISKOWSK1 (856) 243-2900

O.IC DO, RA (94\1) 475-1000

CODE COMPLIANCE 1, 2010 CAUFORNIA AD!.IINIS1"RATIVE CODE (CAC) 2. 2010 CAUPO~NIA BJilDING C()Df.: (CBC), VOWM£S 1, AND 2 (2009 EDITION INTmNATIONAL BUILDING COOE Will-! 2010 CAliFORNIA AME~DMENISI J. 2GIO CALIFORNIA ~LECTRIC~- COO£ (2008 EOIT!ON NATIONAL ElECTRICAL COD~ WITH 2010 C:Allf"ORN:Jo AMENDMENTS) 4. 20:0 CALIFORNIA MECfiA~ICAL CODE (CMC) [200~ EDITION IPPMO UNIFORM MECHANICAL CODE 1/IT}I 2010 CA!IFORNIA AMENDl.IENfS}

ZONING INFORMATION:

JURISDICTION: CllY Of SAN DIOGQ ZOOING DESIG~TION. MOCPO-CL-1

ZT 44' 51.'W ~ nr Of' 27.M" w

____ IJ!ISE ) STR,JCllJRt: ~~ -5" /A

5. 2010 Crll.JFORNIA £~ORGY COO£ (20Dl! EDITION CALIFOilNIA ENERGY COMMISSION BUilDING ENERGY EFFICIENCY STANDARDS) B. :!010 CALIFORNIA FIR£ COOE (CFC) (2009 EDITION OF INIHNATIONAI. FIRE COOC WITH 2010 CN.If'\JRNIA AMENlMENTS) 7. 2010 CAIJFORMIA criTN CODE 6, 2010 CAUFORNIA REFERENCES STANOAAOS CODE

Jlill;tN AVC,_+-- ___ _

PROJE T

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~ L~ DRIVING DIRECTIONS

Off'ART FROM SAN DIEGO L~TERNATIONAL NRPORt: 1. <.iTART M GOIN\i £AST TOWARD N HARBOR DR. 2. nJRN u:n ONTO N HARBOR DR. 3, WRN LEFT OI<TO W GRA~E ST f. MERGE ONTO l-5 s 5. TAKE THE CA-94E/M l KING ,IR fW'( EXIT 6. MER<l~ O:lTO Ci\ .. 91£ VIA THE EXIT ON TH£ lCTT 7, TAKE THE H5N, EXIl" 2C, ON THE (.O'f TOWARD I-805N 8, MERGE ONTO CA-\5N 9. MERGE ONTO 1-805.1! TOWARD LOS N'IGElO$ 10. TAli£ TilE UNIVERSITY AV£NUE EXIT 11, nJRN SLIOHT LEfT ONTO WAflASH AV~ 12 TURN Ll':fT ONfO UNIVERSrrY AV£. 13. TURH LEff OlffO SOUNOAf« Sf 14-, TUilN Rl® ONTO N PARK WAY 15. TAKE TH~ 1 Sl RIGHT ONTO f:lANCROFf ST 16. 3810 Br\NCROi'T ST IS ON THE U:FT

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~--------------------Sf{[fJ DESCRiPTION

T1 TITLE SHEET

T2 LEGAL CESCRIPIIO~ &. Sf:l.f-CffiTifiC~TION AGR€EMEm

T3 AillENNA & Rflll's SPECIFICIITfONS

A1 SITE Pl.Aii

A:/. ROOF PLAN

A3 Ek'l/AllONS

ABBREVIATIONS ~E /oJR CONOWNL~G M

AllO'IE ANISl-1 @AD~ IJILV APPRCX 1\P~RO~IMAlUY "' ORNO

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APPLICANT: SPRINT

JID COMMERC~. SUrTF. 250 IRVINE, CA 926J2

D~SK: {714) 617-9342 CONTACT: STff'f,EN OWARS PHONE: (760) 250-J70~ FAX: (818' S!i0-4202 E-MAIL: S!i-?hN.DEMMS®S~RINT.CCII~

ARCHITECT: 0~1 PACIFIC .

32 EXECUffJ'E I'ARK, SUITE 110 iRVINE, CA SZ614

PHONE: (949) 475-1000 FAX: {M9) +75-1001

CONTAC)'j O.K, PO, RA £--f.IA!L: OK@lr:iPACIFlC.COM

CONTACT: JCHNOAH 'aOK' Y\.1, Ri. !:-MAIL: EIOK<l-JCI~ACIFIG.COM

SITE ACQUISITION: DEPRI.HI INC,

l3\l48 CAU.E (lUENO CANAR JAMUL, CA 9IQ~5

OONTJ\CT: SEe FH0J£CT TEAM FOR INFO. PHONE: {619) 726-8110 ~hX: -

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