report to the hearing officer - san diegowhereas, on august 26,2015, the hearing officer ofthe city...
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THE CITY OF SAN DIEGO
REPORT TO THE HEARING OFFICER
HEARING DATE: August 26,2015 REPORT NO. HO 15-103
ATTENTION: Hearing Officer
SUBJECT: T-MOBILE- ST. DAVID 'S PTS PROJECT NUMBER: 382019
LOCATION: 5050 Milton Street
APPLICANT: Adam Stone, Smartlink, LLC
SUMMARY
Issue(s): Should the Hearing Officer approve a Conditional Use Permit for a wireless communication facility at 5050 Milton Street in the Clairemont Mesa Community Planning area?
StaffRecommendation(s)- Approve Conditional Use Pennit No. 1523969.
Community Planning Group Recommendation- On January 20,2015, the Clairemont Community Planning Group voted 12-0-0 to recommend approval of the T-Mobile- St. David's project with no conditions (Attachment 8).
Environmental Review: The project was determined to be exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities). This project is not pending an appeal of the environmental determination. The environmental exemption determination for this project was made on July 23 , 2015 and the opportunity to appeal that determination ended August 6, 2015 (Attachment 7).
BACKGROUND
T-Mobile- St. David's is an existing Wireless Communication Facility (WCF) that was approved November 18, 2004 for a period of ten years. The facility consists of a 30 foot tall obelisk concealing three panel antennas with equipment located in a 163 square foot enclosure located at 5050 Milton Street on the property of St. David' s Episcopal Church. The property is zoned RS-1-7 and is located in the Clairemont Mesa Community Plan Area. (Attaclunents 1, 2, and 3)
In residential zones, on premises with a non-residential use, WCF are permitted with a CUP, Process Three (LDC § 141.0420(e)(l).). This WCF is located in a residential zone, on church property with an on-site pre-school. Surrounding uses include single-unit residential to the north, south and west and an elementary school to the east (Attachment 1).
The WCF Regulations require that applicants use all reasonable means to conceal or minimize the visual impacts ofWCFs through integration, which includes the use of architecture, landscape, and siting solutions. This project was designed to provide wireless coverage to the surrounding neighborhood and community in a way that is respectful of the neighborhood context by designing an obelisk utilizing some of the architectural elements of the church (Attachments 10, 11 and 14). The obelisk is set back from the street, located next to the library and administration building and the equipment is located on the back side of the sanctuary, screened by existing mature trees and shrubs. As designed, the project qualifies as a "complete concealment" and will not include a ten year expiration. No changes are proposed with this project (Attachment 14).
The City's General Plan addresses Wireless Facilities in UD-A.15. The visual impact ofWCFs should be minimized by concealing WCFs in existing structures, or utilizing camouflage and screening 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 underground vaults or unobtrusive structures. This project complies with the General Plan recommendations by concealing the antennas within an obelisk designed to match the architectural character of the church. The existing equipment enclosure, located to the rear of the sanctuary, near the intersection of Milton and July Streets is screened from view by existing mature landscaping (Attachments 9 and 1 0). The design of the WCF is respectful of the neighborhood context and does not adversely affect the applicable land use plan.
Based on the design and location on the church property, the project complies with the WCF Regulations (LDC §141.0420) and theRS-1-7 development regulations. The project has received support from the community planning group, and draft findings have been made in the affirmative to approve the CUP (Attachment 5). Therefore, Staff recommends approval of CUP No. 1523969.
ALTERNATIVES
1. Approve CUP No. 1523969, with modifications.
2. Deny CUP No. 1523969, 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,
- 2-
Attachments:
10 Aerial Photograph 20 Community Plan Land Use Map 30 Project Location Map 40 Project Data Sheet 50 Draft Permit Resolution with Findings 60 Draft Permit with Conditions 7 0 Environmental Exemption 80 Community Planning Group Recommendation 9 0 Coverage Maps 100 Photo Survey 110 Photos of WCF 120 Ownership Disclosure 130 Notice of Public Hearing 140 Project Plans
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ATTACHMENT 1
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CLAIREMONT MESA COMMUNITY PLAN MAP T-MOBILE- ST. DAVID'S PROJECT NUMBER 382019
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Project Location Map T-MOBILE- ST. DAVID'S PROJECT NUMBER 382019 5050 MILTON STREET
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ATTACHMENT 4
PROJECT DATA SHEET PROJECT NAME: T-Mobile- St. David' s
PROJECT DESCRIPTION: An existing wireless communication facility consisting of a 30 foot tall obelisk concealing three panel antennas and an associated 163 square foot enclosure.
COMMUNITY PLAN Clairemont Mesa AREA:
DISCRETIONARY Conditional Use Permit ACTIONS:
COMMUNITY PLAN LAND Single Family Residential USE DESIGNATION:
ZONING INFORMATION: ZONE: RS-1-7
HEIGHT LIMIT: 30-feet
FRONT SETBACK: 15 feet.
STREET SIDE SETBACK: .1 0 feet x lot width
REAR SETBACK: 13 feet.
LAND USE EXISTING LAND USE ADJACENT PROPERTIES: DESIGNATION &
ZONE
NORTH: Single Family Residential Residential; RS-1-7.
SOUTH: Single Family School Residential; RS-1-7.
EAST: School; RS-1-7 . Residential
WEST: Single Family Residential Residential; RS-1-7.
DEVIATIONS OR None. VARIANCES REQUESTED:
COMMUNITY PLANNING On January 20, 2015, the Clairemont Community Planning GROUP Association voted 12-0-0 to recommend approval of the T-RECOMMENDATION: Mobile - St. David's project.
HEARING OFFICER RESOLUTION NO.
CONDITIONAL USE PERMIT NO. 1523969 T-MOBILE- ST. DAVID'S
PROJECT NO. 382019
ATTACHMENT 5
WHEREAS, St. David's Episcopal Church, Owner AND It-Mobile, USA, Inc., Permittee, filed an application with the City of San Diego for a permit for a wireless communication facility (as described in and by reference to the approved Exhibits "A" and corresponding conditions of approval for the associated Permit No. 1523969}, on portions of a 1.48-acre site;
WHEREAS, the project site is located at 5050 Milton Street in the RS-1-7 zone of the Clairemont Mesa Community Plan are;
WHEREAS, the project site is legally described as Parcell: That portion of Lot 35 of Bayview Glen in the County of San Diego, State of California, according to Map thereof, No. 5548, filed in the Office of the County Recorder of San Diego County, March 29, 1965, described as follows: Beginning at the most southerly comer of said Lot 35. Thence along the westerly line thereof, North 24° 46' 48" West, 291.79 feet to an angle point therein; thence North 43 o 44' 58" East, 102.04 feet to an angle point in the easterly line of said Lot 35; thence along the easterly and southerly boundary of said Lot 35 the following courses: North 43 o 44' 58" East, 31.47 feet; south 24 ° 46' 47" East, 151.25 feet, South 89 o 06' 18" East, 86.79 feet, south 0 o 49' 39" West, 168.34 feet, and south 65 ° 13' 12" West, 129.71 feet to the point of beginning. Parcel 2: Lot 16 of Clairemont Terrace Unit No. 2, in the City of San Diego, County of San Diego County, State of California, according to Map thereofNo. 3200, filed in the Office of the County Recorder of San Diego County, March 16, 1955. Parcel3: Lots 1 and 2 in Block 11 of Mission Bay Heights, in the City of San Diego, County of San Diego, State of California, according to Map there of, filed in the Office of the County Recorder of San Diego County;
WHEREAS, on August 26,2015, the Hearing Officer ofthe City of San Diego considered Conditional Use Permit No. 1523969, pursuant to the Land Development Code ofthe City of San Diego;
WHEREAS, on July 23, 2015 the City of San Diego, as Lead Agency, through the Development Services Department, made and issued an Environmental Detennination that the project is exempt from the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.) under CEQA Guideline Section 15301 (Existing Facilities) 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 Hearing Officer of the City of San Diego as follows:
That the Hearing Officer adopts the following written Findings, dated August 26, 2015.
Page 1 of4
ATTACHMENT 5
FINDINGS:
Conditional Use Permit Approval- Section §126.0305
1. The proposed development will not adversely affect the applicable land use plan;
While the Clairemont Mesa Community Plan does not specifically address WCF, the City's General Plan, in Policy UD-A.15, states that the visual impact of wireless facilities should be minimized. This can be achieved by concealing wireless facilities in existing structures when possible, or by using camouflage and screening techniques to hide or blend them into the surrounding area. The T-Mobile St. David's project was built approximately ten years ago. It includes a 30 foot tall obelisk that is set back from the public right-of-way approximately 40 feet. Three panel antennas are concealed behind the radio frequency transparent screens that are part of the obelisk design. No changes are being proposed to the obelisk, which appears as an architectural focal point for the church. The equipment enclosure is located at the rear of the sanctuary, which is near the intersection of Milton and July Streets. Existing mature trees and shrubs screen the enclosure. No changes are proposed to the equipment or enclosure. This project, as proposed, does not interfere with the church nor does it create any visual impacts for the neighborhood or surrounding community. Based on the design ofthis WCF, the project will not adversely affect the Clairemont Mesa Community Plan or the City of San Diego General Plan.
2. The proposed development will not be detrimental to the public health, safety, and welfare;
The project consists of three panel antennas concealed within an obelisk match the existing buildings on the church property. Equipment associated with the antennas is located in an enclosure on the back side of the church sanctuary and appears as part of the building. Existing mature trees and shrubs screens the area from the public right-of-way. The project is located at 5050 Milton Street in the Clairemont Mesa Community Plan area. The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities). The conditions of approval for the project will require compliance with several operational constraints and development controls intended to assure the continued public health, safety and welfare.
Additionally, the Federal 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." A Radio Frequency Report was submitted with the project and it concludes that with required warning signage (condition 18 in the permit) and locked access, the WCF will comply with the FCCs RF Safety Guidelines. Therefore, the project would not result in any significant health or safety risks to the surrounding area within matters of the City's jurisdiction.
In conclusion, the project will not be detrimental to the public health, safety and welfare.
Page 2 of4
ATTACHMENT 5
3. The proposed development will comply with the regulations of the Land Development Code including any allowable deviations pursuant to the Land Development Code; and
The WCF Regulations, Land Development Code Section 141.0420, require that WCF utilize the smallest, least visually intrusive antennas, components, and other necessary equipment. The applicant is required to use all reasonable means to conceal or minimize the visual impact of the WCF through integration utilizing architecture, landscape, and siting. All components of the WCF are proposed to be completely concealed within the obelisk or the equipment enclosure. No changes are proposed with this project.
WCF are permitted in residential zones where the use on the property is non-residential with a Conditional Use Permit, Process 3, Hearing Officer approval. No deviations are requested with this project. The WCF Design Requirements [LDC Section 141.0420(g)(2)] state that WCF "shall utilize all reasonable means to conceal or minimize the visual impacts of the WCF through integration. Integration with existing structures or with existing uses shall be accomplished through the use of architecture, landscape, and siting solutions." All antennas and their associated components are concealed from view and the resulting project is an architecturally integrated design that provides a focal point for the church property.
Based on this analysis and the project design, this project complies with the applicable regulations of the Land Development Code and results in a completely concealed WCF.
4. The proposed use is appropriate at the proposed location.
Council Policy 600-43 and the WCF Regulations, LDC Section 141.0420, encourage WCF to locate in commercial and industrial zones, by providing a lower permit process level for WCF in those zones. WCF located in residential zones are permitted with a higher permit process level. Wireless carriers are required to provide coverage throughout their FCC license area, however, and WCF are permitted throughout the City. This WCF is proposed in a residential zone with a non-residential use, which is more preferable than a residential zone with a residential use, but less preferable than a commercial or industrial zone. This WCF is permitted with the processing of a CUP, Process Three.
This WCF is proposed on a church property, zoned RS-1-7 and located on the southwest comer of Milton and July Streets. The obelisk is set back approximately 41 feet from the public right-of-way and appears to be nestled into the church campus setting. The design of the obelisk was based on the clerestory windows featured on many of the church buildings. The equipment enclosure, located on the back side of the sanctuary, which faces the intersection of Milton and July Streets, appears to be part of the sanctuary building and is heavily landscaped with mature trees and shrubs.
The WCF has been designed to be minimally visible and respectful of the neighborhood context, by concealing the antennas in a radio-frequency transparent architectural element, designed to integrate with the existing church. Based on this analysis and the design of this WCF, the use is appropriate at this location.
Page 3 of4
ATTACHMENT 5
BE IT FURTHER RESOLVED that, based on the findings hereinbefore adopted by the Hearing Officer, Conditional Use Permit No. 1523969, is hereby GRANTED by the Hearing Officer to the referenced Owner/Permittee, in the form, exhibits, terms and conditions as set forth in Permit No. 1523969, a copy of which is attached hereto and made a part hereof.
Karen Lynch Development Project Manager Development Services
Adopted on: August 26, 2015
SAP or WBS Number: 24004948
Modified HMD 1-26-15
Page 4 of4
RECORDING REQUESTED BY CITY OF SAN DIEGO
DEVELOPMENT SERVICES PERMIT INTAKE, MAIL STATION 501
PROJECT MANAGEMENT PERMIT CLERK
MAIL STATION 501
INTERNAL ORDER NUMBER: 24004948
Diego to St. David's San Diego Municipal located at 5050
ATTACHMENT 6
FOR RECORDER'S USE
Officer of the City of San Inc., Permittee, pursuant to . The 1.48-acre site is
ClaJr~11't€>11t Mesa Community Planning That of Lot 35 of Bayview Glen
to Map thereof, No. 5548, filed in the 29, 1965, described as follows:
along the westerly line thereof, therein; thence North 43 o 44' 58" East,
line of said Lot 35; thence along the easterly and southerly courses: North 43 ° 44' 58" East, 31.47 feet; south 24 o o 06' 18" East, 86.79 feet, south 0 ° 49' 39" West, 168.34 feet, West, 129.71 feet to the point of beginning. Parcel2: Lot 16 of Clairemont the City of San Diego, County of San Diego County, State of California, No. 3200, filed in the Office ofthe County Recorder of San Diego County, 5. Parcel3: Lots 1 and 2 in Block 11 of Mission Bay Heights, in the City of San Diego, of San Diego, State of California, according to Map there of, filed in the Office ofthe County Recorder of San Diego County.
Subject to the terms and conditions set forth in this Permit, permission is granted to Owner/Permittee for a wireless communication facility described and identified by size, dimension, quantity, type, and location on the approved exhibits [Exhibit "A"] dated August 26, 2015, on file in the Development Services Department.
Page 1 of6
ATTACHMENT 6
The project shall include:
a. A 30-foot tall obelisk concealing three panel antennas, measuring 50.9" x 12"x 6.5" and a separate 163- square foot equipment enclosure;
b. Landscaping (planting, irrigation and landscape related improvements);
c. Public and private accessory improvements determined 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 C £ nia Environmental Quality Act [CEQA] and the CEQA Guidelines, the City f"t er's requirements, zoning regulations, conditions of this Permit, and any g ..... licable regulations of the SDMC. ..
STANDARD REQUIREMENTS:
1. This permit must be utilized within thirty1s of appeal have expired. If this permit is not utiliz Division 1 of the SDMC within the onth period; Extension of Time has been granted! ¥~h Extensi requirements and applicable guideline ffe'e~C!}the time appropriate decision maker. This perm :ust;b~;lfi~j:Ji~ed by'
"ifi;~ff:tt'--
2. The project com11'11'1'A:tt '\Jlri'Hf.':th
Concealment Facilit responsibility of the w'i~~
GuiHelines as a Complete 'sl'~t con. n expiration date. It is the
facility to condition set £ condition .. · ~,t1Jianc change ~.ttL~]l~Qval
"". , .. -:_,_:_:;-;:)':_·:---,. {<·%>1:-~·_t:. 3. No N;tl]l}it for the coits described hei[~i~>shall be gra on the premisdsi~~til:
• .. o maintain the appearance of the approved site is removed and restored to its original earance or the scope of the project has
tion, vpancy, or operation of any facility or improvement nor s ~l;any activity authorized by this Permit be conducted
b. The Permit is recorded in the Office ofthe San Diego County Recorder.
4. 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.
5. 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 Owner/Permittee and any successor( s) in interest.
Page 2 of6
ATTACHMENT 6
6. The continued use ofthis Permit shall be subject to the regulations of this and any other applicable governmental agency.
7. Issuance of this Permit by the City of San Diego does not authorize the Owner/Permittee 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.).
8. All of the conditions contained in this Permit have been Af@ sidered and were determined-necessary to make the findings required for approval of thi ' · ~t. The Permit holder is required to comply with each and every condition in ord "ntain the entitlements that are granted by this Permit.
If any condition of this Permit, on a legal found or held by a court of competent j
i~tee of this Permit, is ble, or unreasonable,
ll have the right, the "invalid"
ination by
this Permit shall be void. However, in such an by paying applicable processing fees, to bring a conditions(s) back to the discretion. ody which that body as to whether all of the fin cessary ,.,._..=._,..,of the proposed permit can
y~>;L,.LH.;UUCHF, shall be a hearing de still be made in the absence of the "in · ... , . .. 4ition(s ). novo, and the discretionary body shalllfl¥~ the ·1f}fs;9~yte the proposed permit and c~tfdition(s) c0jM:tainedtTI~~~in~
disapprove, or modify
9. / . •... <:e.> ~~'; !
, indeilllli~f;?iffnd holClfE(~Fm.less the City, its agents, all claimSb1a:ctions, proceedings, damages, judgments, or
City agents, officers, or employees, relating to •H"-'"''·'·""'""'"'j·~v. any action to attack, set aside, void,
environmental document or decision. claim, action, or proceeding and, if the
.... ~.~ .. u~, the Owner/Permittee shall not thereafter be uv•·J!:l?'!L,LUUUL'-'ss the City or its agents, officers, and
own defense, participate in its own defense, or defense of any claim related to this indemnification. In the · ttee shall pay all of the costs related thereto, including
's fees and costs. In the event of a disagreement between litigation issues, the City shall have the authority to
control the litigation and litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Owner/Permittee shall not be required to pay or perform any settlement unless such settlement is approved by Owner/Permittee.
LANDSCAPE REQUIREMENTS:
10. Prior to issuance of any construction permits for structures, the Owner/Permittee shall submit complete landscape and irrigation construction documents consistent with the Landscape Standards to the Development Services Department for approval. The construction documents
Page 3 of6
ATTACHMENT 6
shall be in substantial conformance with Exhibit 'A,' Landscape Development Plan, on file in the Development Services Department. Construction plans shall show, label, and dimension a 40 sqft area around each tree which is unencumbered by hardscape and utilities as set forth under LDC 142.0403(b)(5).
11. If any required landscape (including existing or new plantings, hardscape, landscape features, etc.) indicated on the approved plans is damaged or removed, the Owner/Permittee shall repair and/or replace it in kind and equivalent size per the approved documents to the satisfaction ofthe Development Services Department within 30 days of damage.
PLANNINGillESIGN REQUIREMENTS:
12. All private outdoor lighting shall be shaded where such lights are located and in accordance
13. All facilities and related equipment trash, debris, graffiti; and designed to '"""'"V'LU
repaired or replaced within thirty (30) calendar
14. It is the responsibility of the or transfer of this site to any other removal and the restoration of this site
15. The accuracy a be assured while thei?
16.
on the same premises in the SDMC.
City within 30 days of the sale operational requiring the
by the Permittee, shall
of the stamped approved plans and
17. mers, em ncy generators and air conditioners belongin ordinance. Vibration reso
18. The Permittee OSHA/FCC to the sati
ed and operated consistent with the City noise fled and directed away from residential areas.
uipment in the equipment enclosures shall be eliminated.
, opriate signage on the WCF as required by CALthe Development Services Department.
19. Use of or replacement of any building fas;ade or mechanical screen with FRP material for purposes of concealing antennas shall not result in any noticeable lines or edges in the transition to the original building. All FRP shall be painted and textured to match the original building.
INFORMATION ONLY:
Page 4 of6
ATTACHMENT 6
• The issuance of this discretionary use permit 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 permits have been issued and received final inspection.
• A "Telecom Planning Inspection" will be required prior to Final Clearance from the City's Building Inspector to ensure compliance with the approved plans, exhibits, and associated conditions. Prior to callin for our Final Ins ection fr · ur buildin ins ection official, please contact the Project Manager listed below at (6 -5351 to schedule an inspection of the completed WCF. Please request working days ahead of the requested Final inspe
• Any party on whom fees, dedications, as conditions of approval of this l:'ermn,~J the approval of this development permit pursuant to California Government
• This development may be subj issuance.
Page 5 of6
26, 2015 by Resolution
ATTACHMENT 6
Permit Type/PTS Approval No.: CUP No. 1523969 Date of Approval: August 26, 2015
AUTHENTICATED BY THE CITY OF SAN DIEGO DEVELOPMENT SERVICES DEPARTMENT
Karen Lynch Development Project Manager
NOTE: Notary acknowledgment must be attached per Civil Code section 1189 et seq.
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~~£ft;?? · >~ · .. ·'ls:tt;/
/; ;~ ,; '1,,t The undersigned Owner/Permittee, 'e~~x~~U.~i()~,hereof, cf;:< es to each and every condition of this Permit and promises to eacfi!a~d ev6~;ol;>l~gation ,, .wner/Permittee hereunder.
NOTE: Notary acknowledgments must be attached per Civil Code section 1189 et seq.
St. Davi Owner
piscopal Church
/,,,
·~~----------Joy Wolf Senior Warden
T-Mobile USA, Inc. Permittee
By __________________________ __
Page 6 of6
Michael Fulton Market Manager
NOTICE OF EXEMPTION ATTACHMENT 7 (Check one or both) TO: X RECORDER/COUNTY CLERK
P.O. Box 1750, MS A-33 FROM: CITY OF SAN DIEGO
1600 PACIFIC HWY, ROOM 260 SAN DIEGO, CA 92101-2422
___ OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET, ROOM 121 SACRAMENTO, CA 95814
DEVELOPMENT SERVICES DEPARTMENT 1222 FIRST A VENUE, MS 50 l SAN DIEGO, CA 921 0 l
PROJECTNO.: 382019 PROJECT TITLE: T-Mobile St. David's
PROJECT LOCATION-SPECIFIC: The project is located at 5050 Milton Street, Suite A San Diego CA, 92110 within the Clairmont Mesa Community Plan area.
PROJECT LOCATION-CITY/COUNTY: San Diego/San Diego
DESCRIPTION OF NATURE AND PURPOSE OF THE PROJECT: Conditional Use Permit (CUP) to allow for the continual use of an existing Wireless Communication Facility (WCF) consisting of 3 panel antennas concealed within a 30 foot tall obelisk located on an existing church site. Equipment associated with the project is housed within a 163 square foot enclosure. The proposed CUP does not propose any changes to the facility and is only for the continual operation ofthe WCF.
NAME OF PUBLIC AGENCY APPROVING PROJECT: City of San Diego
NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: Smartlink, contact Rocki Lam, 1580 Union Street, Suite 209, San Diego, CA 92101. (949) 387-1265.
EXEMPT STATUS: (CHECK ONE) ( ) MINISTERIAL (SEC. 21 080(b )( l ); 15268); ( ) DECLARED EMERGENCY (SEC. 21 080(b )(3); l5269(a)); ( ) EMERGENCY PROJECT (SEC. 21080(b)( 4); 15269 (b)(c) .. (X) CATEGORICAL EXEMPTION: SECTION 1530 I (Existing Facilities) ( ) STATUTORY EXEMPTION:
REASONS WHY PROJECT IS EXEMPT: The City of San Diego determined that the project would qualify to be categorically exempt from CEQA pursuant to Section 1530 I (Existing Facilities) which allows for the operation and permitting of existing facilities. Since the project is not making changes to the existing WCF and is not increasing the capacity of the WCF the exemption is appropriate. The project site is fully developed and lacks sensitive resources therefore the exceptions listed in CEQA Section 15300.2 would not apply.
LEAD AGENCY CONTACT PERSON: JEFFREY SZYMANSKI TELEPHONE: 619 446-5324
IF FILED BY APPLICANT: 1. ATTACH CERTIFIED DOCUMENT OF EXEMPTION FINDING. 2. HAS A NOTICE OF EXEMPTION BEEN FILED BY THE PUBLIC AGEN_~Y APPROVING THE PROJECT?
r ..: .. ·'f<tr,.t
( ) YEs ( ) No < • ~·::\_· -~ M IT IS HEREBY CERTIFIED THAT THE CITY OF SAN DIEGO HAS DETERMINED THE ABOVE ACTIVITY TO BE EXEMPT FROM F=-I") iJN ioJ?_j/L r'\1\.) tvRX: 7/23/20 IS a ' ATURE/TITlE DATE CHECK ONE: (X) SIGNED BY LEAD AGENCY DATE RECEIVED FOR FILING WITH COUNTY CLERK OR OPR: ( ) SIGNED BY APPLICANT
ATTACHMENT 8
Clairemont Community Planning Group
Minutes of the Meeting of January 20, 2015
North Clairemont Friendship Center
P Jeff Barfield -Chair p Jack Carpenter P Troy Terpening -Vice Chair P Keith Hartz P Michael Puente P Lynn Titialii
p Delana Hardacre -Secretary P Debra Howell P Margie Schmidt P Naveen Waney p Susan Mournian -Treasurer A Steve Innis P Scott Wentworth
P- Present A- Absent L-Late
Item 1. Call to Order I Roll Call
Meeting was called to order at 6:35 p.m. by Chair, Jeff Bartield. Roll call was taken and a quorum present.
Item 2. Non-Agenda Public Comment- Issues that are not on the agenda and are within the jurisdiction of the Clairemont Community Planning Group. NOTE: 3-minute time limit per speaker.
Public: Jackie Ward, a resident of Clairemont, was appointed to the Bike Advisory Committee. She came to introduce herself. All contact information is on City website. She would love feedback from Clairemont residents on community biking needs
Joel Smith attended the Nov 2014 meeting concerning traffic calming on Moraga. He is still not clear on where the CCPG stands on traffic calming. He would like a discussion on adding a traffic circle put on next month 's agenda. Jeff Barfield asked him to forward him the action item he would like taken.
Committee Members: Scott Wentworth mentioned he has received input about the proposed Horizon Christian Academy prope11y development (52 homes) on Pocahantas Street. The neighbors feel this is very positive. It will be put on the agenda once the plans have been sent to the city by the applicant.
Daniel Smiechowski commented that he didn 't know about the 52 homes and would prefer another park instead of houses.
Jack Carpenter commented about the traffic calming on Moraga. He stated all we 've done is add a stop sign. There are lots of alternatives but they include money and the fire department restrictions.
Item 3. Modifications to the Agenda- Requires 2/3 approval.
None
Item 4. Approval of Minutes
Motion to approve minutes for November 18, 2014, by Margie Schmidt, seconded by Troy Terpening.
Vote: 12-0-0 to approve
Item 5. Council Representative Reports
District 2 Council Report (Ernie Navarro, Community Liaison, [email protected])
Clairemont Community Planning Group Meeting Minutes january 20, 2015 Page 1
ATTACHMENT 8
None
District 6 Council Report (Allen Young, Community Liaison, [email protected])
Allen introduced himself as a representative for Council person, CJu·is Cates. He is looking forward to working with the committee. With the new council offices there is a new division and Clairemont is now represented by two council members. Everything East ofCiairemont Drive is Chris Cates area.
Item 6. Information Items
201. Pipeline Rehabiltation AH-1 (Adrian Pavon, Project Engr., City of San Diego) Presentation by the Public Works Department concerning a pipeline replacement project, primarily located in Bay Park, scheduled for construction in 2015-20 16.
The City has established an ongoing program for the rehabilitation of all aging and deteriorating sewer mains currently in service. This pipeline is one that has been identified and is located within Council Districts 2 and 7. The project will rehab approximately 3.61 miles of sewer main within the City's right-of-way, utilizing trenchless construction.
0- Questions or statement and A-Answers
Q- I see this is mostly Bay Park area- will the streets be repaired after this happens? A- For water and sewer design section the only time we slurry the streets is when we have to do construction on the streets. Since most of the process is trenchless technology, we won't have to dig up the streets. If we do any solutions where we have to dig, we will repair.
Q- This area of replacement seems very cutup- nothing connects to itself. A - The Public Utilities Department prioritized these to be done first. Some may have already been done. These needed to be expedited.
Q- Will water service be disrupted during the day? A- I believe it will not. We will be doing nothing with the water lines.
Q- Wi lJ parts of the streets be blocked off? A- They may section off a portion depending on amount of traffic.
Q - What is Trenchless technology? A - Contractor puts a camera into the manholes and they spray a coating into the pipes.
Q - How long is the fix good for? A- 30 to 40 years.
Q- If you see problems with the lateral pipes will you notify the residents? A- yes.
202. Vacation Rentals in Residential Areas (Scott Gruby) Presentation by Scott Gruby on proposing restrictions on vacation rentals in Clairemont.
He has a concern about vacation rentals near his home in Bay Ho. About 8 months ago a neighbor turned his ren~al into a vacation home. ~e has about 50 homes in his ~p _s<$.-th~t_are COI~pliant at this time. Why he belteves we should care, per City attorney's office there are Clli"fe11lfy.,,flO regulatiOns for sh011 term rentals (less than 28 days). In order to promote neighborhood quality, Scottlfeels we should not make rentals shorter than 28
Clairemont Community Planning Group Meeting Minutes january 20, 2015 Page 2
ATTACHMENT 8
days in all RS zones East of 1-5 and less than 7 days in an RS zones West 1- 5. He would like us to take a stand with City Council.
Michael Printz commented that he would recommend that if it is the desire of the board to take action, it could be presented to him and he would evaluate and then take to the City Attorney's office.
Jeff Barfield asked what is the desire of the board? Do we want to look at it further? Do we want to send something to Michael? Susan Mournian suggested that we put on the agenda as a workshop item. Jeff polled the committee- there were 7 in favor of addressing and 5 not in favor. Jeff wi II try and get it on the agenda in the next couple of months.
203. By-Laws Sub-committee Update (Jeff Barfield, Susan Mournian, Michael Puente) The sub-committee members will summarize progress on the by-laws update.
The Sub-committee has been working through the City' s required by-laws shell. They have gone through existing by-laws to compare against the shell and have put together a draft. Betsy, at the City, will make the changes suggested and send back to them. She would like to have done by June of this year. The Subcommittee would like to bring to the full board to review in March. Then it will go back to the city to be finalized.
204. Declaration of CCPG Vacancies, Election of New Vice Chair (Potential Action Item) (Jeff Barfield, Chair)
Vacancies now exist on the CCPG, including the Vice Chair. The CCPG may elect a new Vice Chair on this item.
There are 3 vacancies now which we will defer until elections which are in March. Jack Carpenter stated that he will be resigning from the committee in March which will then leave 4 vacancies. Jeff asked if anyone wanted to be Vice Chair. Naveen and Lynn will help the new Vice Chair work the upcoming elections.
Motion -Susan Mournian made a motion that Scott WentwortR be elected to Vice chair , seconded by Keith Hartz.
Vote: 11-0-1 Approved Abstain- Scott Wentworth
Item 7. Workshop Items
None
Item 8. Potential Action Items
301. Wireless Communication Facility at 5050 Milton Street (St. David's Episcopal Church) Proj. No 382019 (Rocki Lam, Smartlink) This is a request for renewal of a Conditional Use Permit for an existing wireless communication facility. Existing Zoning is RS-1 -7.
The request is to continue to operate an existing site that is completely concealed within FCC requirements - 3 antennas. Permits expired so need to renew for another I 0 years. There are no changes.
Jack Carpenter asked if all users on the property have been informed. Rocki replied that as a courtesy she will contact the owner and insure it has been done. Rocki also mentioned it was posted at the church so day care users should be aware.
Clairemont Community Planning Group Meeting Minutes January 20, 2015 Page 3
ATTACHMENT 8
Susan Mourn ian made a motion to approve, seconded by Scott Wentworth
Vote: 12-0-0 Approved
302: Reconsideration of Wireless Communication Facility Proposal, 3219 Clairemont Mesa Blvd (First Baptist Church of Clairemont, PTS36105 Possible reconsideration of a prior recommendation by the CCPG to approve a conditional use permit and neighborhood use permit for wireless communication facilities.
Jeff Barfield gave a little history- the board recommended approval in July of 2014. It was an expansion and adding of a generator to The La Petite School. However, all stakeholders were not informed and were surprised by this request. They let us know their concern. The board felt there was enough concern to bring it to an action item at Jan meeting. The applicant sent Jeff a letter stating they are not pursuing this action at this time. Jeff didn' t feel it was a withdrawal of the action. Naveen Waney suggested ifVerizon asks to move forward , they should be asked to come back to the CCPG board.
Troy Terpening made a motion that the Committee withdraw our prior approval because of inadequate notification to the tenants and ask for further information from Verizon. It was seconded by Naveen Waney.
Vote: 12-0-0 Approved
303. Extension of Time Request for a Conditional use Permit to allow Beer and Wine Sales, 2576 Clairemont Drive, Project No. 392586 (William Adams, applicant) This is a request for an extension oftime for a previously approved CUP to allow beer and wine sales in a 2,3 I 0 square foot convenience store. The property is 25,120 Sq.Ft. in area and zoned CC-I -3
Mr. Adams, represents 7/11 , a perspective client of a planned new development at Clairemont Drive and Denver. The project was previously approved, then the recession hit and nothing moved forward. The original application has expired and this is a new request for Beer and wine permits.
Much discussion was had around the adding of a carwash in the new plans and also the addition of having beer and wine so easily accessible with the trolley line coming in.
Jack Carpenter made a motion since there is significant difference from past plans the process needs to start over for a new approval , it was seconded by Susan Mourn ian. Jack Carpenter withdrew motion after some clarifying information was received.
Jeff Barfield asked if we should continue this and get more information from Sandra Teasley so we can better understand?
Margie Schmidt made a motion to continue item until next month and request more information about the project, seconded by Jack Carpenter.
Vote: 11-0-1 Approved Abstain - Keith Hattz
Item 9. Reports to Group Airports (Keith Hartz-Not confirmed)- None
BACAC (TBD)- None
Chair (Jeff Barfield)- Reminders elections in March
CPC Report (Jeff Barfield)- Was dark in December
Clairemont Community Planning Group Meeting Minutes january 20, 2015 Page 4
ATTACHMENT 8
Development Services Department (Michael Prinz}- We have received approval from City Council to work with and pay a consulting finn, Place-Works, to spend time holding community meetings and proposing land use and zoning changes within Morena study area adjacent to the trolley station. We are going to restart that process in early February. Don't have an outreach plan set yet; however, there will be outreach workshops and community meetings.
Parking (Susan Mournian)- None
Project Review (Ja~k Carpenter~ - Setting up meeting wltll~ht't~~y~fopers for the Assisted Senior Living Center on Mt. Acadta hopefully li1 February. - .... L_ ~
Secretary (Del ana Hardacre) - None
Town Council (Delana Hardacre)- None
Traffic & Transportation (TBD) -None
Treasurer (Susan Mournian) - $292
Vice Chair (TBD) -None
Vision Committee- None
Additional Items:
Hillary, a representative from Marty Block's office, informed us that the bill SB 15 that he announced in December has passed. It is a comprehensive plan to improve access to a higher education in California and help students afford college and finish their degrees in four years.
Adjournment at 8:49PM
Clairemont Community Planning Group Meeting Minutes january 20, 2015 Page 5
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COVERAGE MAPS ATTACHMENT 9
COVERAGE MAPS ATTACHMENT
2
ATTACHMENT 10
PHOTOGRAPHIC SURVEY T-MOBILE SD06531A, ST. DAVID'S EPISCOPAL CHURCH
• VIEW OF THE SUBJECT PROPERTY
-(1) View of the subject property looking north.
(2) View of the subject property looking west.
ATTACHMENT 10
(3) View of the subject property looking south.
(4) View of the subject property looking east.
ATTACHMENT 10
(5) View from the subject property looking north.
(6) View from the subject property looking west.
ATTACHMENT 10
(7) View from the subject property looking south.
5006531 Equipment Enclosure Pictures PTS 382019
Cabinet Enclosure:
Access to Cabinet Enclosure:
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ATTACHMENT 10 \
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PROPOSED LOOKING SOUTHEAST FROM GRANDVIEW STREET
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ATTACHMENT 12
O·wn.ership Disclosure · · St.atem:e:nt
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LETTER OF AUTHORIZATION
September 25,2014
To: City of San Diego Development Services Department 1222 First Avenue, MS 301 San Diego, CA 92101~5154
RE: Letter of Authorization for Obtaining Land Use Entitlements T~Mobile Site SD06531A St. David's Episcopal Chmch APN: 430~880-18 &19
ATTACHMENT 12
St. David's Episcopal Church, mvner of the property located at 5050 Milton Street, Suite A, San Diego, CA 92110 (the "Subject Propet'ty''), hereby authorizes Smartlink, LLC, its employees, agents and contractors, to obtain all documents and approva:ts necessary tp obtain required land use entitlements on T~Mobil.e's behalf for the T-Mobile site located at the Subject Property.
Regards,
St. David's Episcopal Church
By: 4tnt~-Name Jtl$fi!Ai/l: Title: /t:;vir" U/v~"'-Date: JO ,.. f:-j_ 'i
THE Cnv oF SAN DIEGO
DATE OF NOTICE: August 12,2015
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: COMMUNITY PLAN AREA: COUNCIL DISTRICT:
CITY PROJECT MANAGER: PHONE NUMBER/E-MAIL:
August 26,2015 8:30A.M. Council Chambers, 12th Floor, City Administration Building, 202 C Street, San Diego, California 92101 CONDITIONAL USE PERMIT, EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PROCESS THREE 382019 T -MOBILE - ST. DAVID'S Adam Stone, Smartlink, LLC Clairemont Mesa 2
Karen Lynch, Development Project Manager (619) 446-5351 I [email protected]
As a property owner, tenant, or person who has requested notice, please be advised that the Hearing Officer will hold a public hearing to approve, conditionally approve, or deny an application for an existing wireless communication facility consisting of a 30 foot tall obelisk concealing three panel antennas with associated equipment within a 163 square foot enclosure. The project is located at 5050 Milton Street on the property of St. David's Episcopal Church in the RS-1-17 zone. A permit approving the original project was approved in 2004 and the permit expired on November 18, 2014.
The decision of the Hearing Officer is final unless appealed to the Planning Commission. In order to appeal the decision you must be present 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 business days of the Hearing Officer's decision. Please do not e-mail appeals as they will not be accepted. See Information Bulletin 505 "Appeal Procedure", available at www.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.
ATTACHMENT 13
This project was determined to be categorically exempt from the California Environmental Quality Act on July 23, 2015 and the opportunity to appeal that determination ended August 6, 2015.
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. 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 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 business days prior to the meeting to insure availability. Assistive Listening Devices (ALD's) are also available for the meeting upon request. Internal Order Number: 24004948
Revised 11-17-14 wjz
• • ZONING DRAWING IF USING 1 1 "X17" PLOT, DRAWINGS WILL Bt HALF SCALE
SITE NUMBER: SD06531
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CITY: SAN DIEGO SITE NAME: ST. DAVID•s EPISCOPAL CHURCH COUNTY: SAN DIEGO SITE TYPE: CHURCH
PROJECT SUMMARY:
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5050 MILTON STR[ET, SUITE A SAN O!EGO, CA 92110
PROPERTY OW~E":
HECTOR WARDEN &:. VESTRY SAlNf DAViD'S PARtSH 5050 MILTON STREET SAN DIEGO, CA n 1 10
PROJ"CT D"SCRI"TIOI·i·
THE PURPOSE OF THE O~AWINGS IS ro RS:FttJ.:.T THE AS-SU\I_T CONDirCNS OF THE SUSJECf S;TC !N ORDER iO OBTAIN A CUP RENE:WAL NO NEW WORK IS PROPOSED. THE CURRENT $1fE CONSIST OF (1) ANTENNA PER SECTOR, (J) SE'CTORS, (J) TOTAL.
CURRENT ZONINC; RS-1-7
OCCUPANCY: (CHURCH/CHAPEL) AJ
(ADMINISTRATION/READING ROOM) 8
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THE FOLLOWING PARTIES KERESY A~.PROVE AND ACCEPT THESE QOCUMI!:NTS AND AUTHORiZE THE CONTRACTOR TO PROCEED W!TH !HE CONSTRUCTION DESCRlBED HEREIN . .A.LL CONSTRUCnON Do'CUMENfS ARE SUSJt:CT TO REVIEW BY THE LOCAL SiJILOlNG DEPARiMENT AND ANY C:---!ANGES AND M0Dif1CAf~ONS THEY MAY JMPOSE.
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OESTJNAT!ON WILL BE: ON THE R!GHT,
AARI\/E AT 5050 MILTON Sr., Sum:: A, SAN O!EGO, CA 921 iO
APPLICABLE CODES
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ATTACHMENT 14
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CLIENT'S REVISION
PC'S COMMENTS
PC'S COMMENTS
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ATTACHMENT 14
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2 05/28/14 CLIENT'S REVISION WT
& 09/21/14 PC'S COMMENTS
SITE INFORMATION:
5006531 ST. DAVID'S
EPISCOPAL CHURCH
SEAL;
5050 MILTON STReeT, SUITE A SAN DI5GO, CA 92110
SHEET TITLE:
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ATTACHMENT 14
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NO.[DATI;: DESCRIPTION:~BY:
I jOS/15/14 90% z:J's 1 YD
I 2 I 05/2.5/! 4 i CLIENT'S REVISION . WT
PC'S CQ)AMENTS SL
PC'S COMMENTS I EVT
PC'S COMMENTS
lsm; INFoRMATION:
SD06531
I
ST. DAVID'S EPISCOPAL CHURCH
5050 MILTON STREET, SUITE A SAN DIEGO, CA 92110
SHEET TITLE:
EQUIPMENT AND
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ATTACHMENT 14
I~· ·Mobile·· !0509 VISTA SORRENTO PA.RKWAY
SUITE 2;06
SAN om:c:o. CA 92;121
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smartlink 15301 \ION KARMAN AVENUE
SUITE:. 910 IRVINE, CA 9261 2
PHONE; (94.9) 367-1265 Fl'AX: {949) 387-, 27.;<.>
rNO.T:DATE:-,-DESCRIPTlON:--1 BY:
I , 05/15/14 1 90% D's YO
' CUE.NT'S RE.VtS!ON
PC'S COMMENTS
PC'S COMMENTS
PC'S COIAIENTS
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I ! I I ~SITE INFORMATION:
I, SD06531
ST. DAVID'S
I' EP ~~~~~N:~E~,~u~E~CH SAN DIEGO, CA 92110
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ATTACHMENT 14
tF • ·Mobile·· 10509 VISTA SORR~NTO PA.fl.i<WAY
SUITt: 206 SAN Dlt:OO. CA 92:1Z1
r-CONSULTANT:
@ smartlink 1 S!J01 VON KA~MAf'..l AVENUE
SUITE. 910 IRVINe<, OA 92612
PHONE: {941ia) 367..,126$ FAX: {949} ::387-1275
NO.-~ OATE:-1-0ESCRIPT!ON:-----r. EY:l l 05/15/!41 90% ZD's 1 YO 1
2 .I 05/28/141 CUEM'S REV!SI% I >'IT l &jc9/21/141 Pc's COMMENTS I SL i &,. I 01/16/15 I PC'S COMMENTS I EVT I 3 I 04/07/151 PC'S CO~I\~~NTS ! EVT
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I I I SITE INFORMATION:
SD06531 ST. DAVID'S
EPISCOPAL CHURCH 5050 MILTON STREeT, SUITE A
SAN DIEGO, CA 92110