THE CITY OF SAN DIEGO

REPORT TO THE PLANNING COMMISSION

DATE ISSUED: March 31, 2011 REPORT NO. PC-11-036

ATTENTION:

SUBJECT:

OWNER!APPLICANT:

SUMMARY

Planning Commission, Agenda of April 7, 2011

TOWERCO - MURRAY RIDGE - PROJECT NO. 205032.PROCESS 4

International Church of the Foursquare GospelTowerCo Assets, LLC.

Issue(s): Should the Planning Commission approve a wireless communication facilitylocated at 2285 Murray Ridge Road in the Serra Mesa Community Planning area?

Staff Recommendation:

1. Approve Conditional Use Pennit No. 727347; and

3. Approve Planned Development Pennit No. 794792.

Community Planning Group Recommendation: On December 16,2010, the SerraMesa Planning Group voted 7-2-0 to recommend approval of the TowerCo - MurrayRidge project providing the applicant satisfied staff issues identified in the assessmentletter (Attachment 9).

Environmental Review: This project is not pending an appeal of the environmentaldetermination. The environmental exemption detennination for this project was made onFebruary 28, 2011 and the opportunity to appeal that determination ended March 16,2011 (Attachment 8).

Fiscal Impact Statement: All costs are recovered through a deposit account funded bythe applicant.

Code Enforcement Impact: None.

Housing Impact Statement: None.

BACKGROUND

This Wireless Communication Facility (WCF) project is an existing expired faux palm tree. Nomodifications are proposed with this application. The project consists of a 38-foot tanmonopalm supporting 12 antennas. Associated equipment is located ",ithin a 200 square footenclosure adjacent to the tree (Attachment 7). The previous pennit expired on September 21,2008. An application for the new pennit was submitted on February 23,2010.

The project is located at the southern end of the property in the parking area for the FaithCommunity Church and School at 2285 Murray Ridge Road, overlooking Murray Ridge Roadand Interstate-80S (Attachments 1 and 3). The property is zoned RS-I-7 and is surrounded bysingle-family residential units to the north, east and west. The property is designated low­medium density residential in the Serra Mesa Community Plan (Attachment 2). The MurrayRidge ofi~ramp sloping up from 1-805 is to the south of the property (Attachment 7).

WCF's are pennitted throughout the City as a Separately Regulated Use by the WirelessCommunication Facility regulations, Land Development Code (LDC) section 141.0420. Thisproject requires a Conditional Use Pennit (CUP) for a WCF proposed in a residential zone on anon-residential use, and a Planned Development Pennit (PDP) for deviations including setbackencroachment and height.

Council Policy 600-43, "Communication Antennas," assigns preference levels to the locations ofWCF's. This policy encourages these facilities to be located away from residential uses.Typically, WCF's proposed in non-residential zones, sLlch as commercial or industrial, areconsidered more preferable than those located in residential zones. To encourage carriers tolocate in non-residential zones, projects proposed in those areas are permitted with a lowerprocess level (such as a Process I Limited Use or Process 2 Neighborhood Use Pennit).

DISCUSSION

Project Description:

The existing monopalm supporting 12 panel antennas and the associated equipment enclosure islocated on the southern edge of the Faith Community Church parking lot overlooking I-80S(Attachment 7). The RS-1-7 zone permits a maximum height of 30-feet. Although the top of theantennas exceeds the height limit by two feet, the fronds extend approximately six feet beyondthe antennas to provide a more natural appearance. The other palm trees in the planter strip areof varying heights, but help to provide integration for the monopalm. The permit has beenconditioned to require the addition of three 60-inch box California Sycamores to afford furtherintegrated views.

The project was approved and built during the transition from the Municipal Code to the LandDevelopment Code. Confusion over the required setbacks by both the applicant and staff andstrong neighborhood opposition resulted in litigation and a settlement agreement pennitting

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Nextel to remain on the property until 2008 on the condition that the fronds are replaced andadditional landscaping and irrigation is included. The monopalm has existed in this location forthe past II years with little controversy after the first couple of years of its existence.

The side yard setbacks on the north and south are required to be a combination of 44-feet. Theexisting setback on the north is approximately 30-feet and the existing setback on the south(where the WCF is located) is approximately 12 feet for a combined total of 42-feet (Attachment13). The monopalm is situated approximately 90-feet above 1-805 and is not obviously visiblefrom the freeway. The monopalm is most noticeable from homes located to the east, which are atthe same elevation as the church and from Regency Road, which dead ends into the churchproperty. There are seven live palm trees planted in a line to help the monopalm integrate intothe setting, however, a condition in the pennit requires TowerCo to install three additional 60­inch box California Sycamores in the same planter area to provide additional depth and filteringof views.

General Plan Analysis:

The City's General Plan requires that wireless facilities be minimally visible and be visuallyrespectful and compatible with the community. The antennas associated with this facility arelocated on a 38-foot tall monopalm built in a planter area at the edge of the church propertyoverlooking 1-805. Typically faux trees are permitted in existing landscape settings. In this case,the monopalm is one in a row of eight live palm trees and the permit is being conditioned torequire three additional 60-inch box California Sycamores in the planter to help filter themonopalm and provide depth for the landscape setting. The associated equipment is located inan existing shelter just to the east of the faux tree. Based On the project's design, it is compatiblewith the City's General Plan. The Serra Mesa Commtmity Plan does not discuss wirelesscommunication facilities.

Conclusion:

With the addition of the California Sycamores, Staff supports the project. The height of the tree,at 38-feet, is still in the range ofplausibility for a palm tree and the existing live palm trees alongthe same edge of the property help to detract from the artificiality of the monopalm. Althoughthe monopalm is located near homes to the east of the church, the required California Sycamoreswill help to filter views of the monopalm from the homes to the east. The location of the tree onthe southern edge of the property and the elevational difference between the freeway and thechurch property reduces much of the visual impact from the freeway. Staffhas reviewed theproposed project and has determined it is consistent with the purpose and intent of the applicabledevelopment regulations of the San Diego Municipal Code. The required findings have beenmade (Attachment 5) to support stan's recommendation. Therefore, staff recommends that thePlanning Commission approve Conditional Use Permit No. 727347 and Planned DevelopmentPermit No. 794792.

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ALTERNATIVES

1. Approve CUP No. 727347 and PDP No. 794792, with modifications.

2. Deny CUP No. 727347 and PDP No. 794792, ifthe findings required to approve theproject cannot be affirmed.

Respectfully submitted,

Mike WestlakeProgram ManagerDevelopment Services Department

BROUGHTONIKLA

Attachments:

I!t~~dL-/0[C il:Karen Lyn~)..shcraft i I

Project ManagerDevelopment Services Department

I. Aerial Photograph2. Community Plan Land Use Map3. Project Location Map4. Project Data Sheet5. Draft Permit Resolution with Findings6. Draft Permit with Conditions7. Photos8. Environmental Exemption9. Planning Group Recommendation10, Project ChronologyII. Copy of Public Hearing Notice12. Ownership Disclosure Statement13. Project Plans14. TowerCo List of Executives15, International Church of the Foursquare Gospel Directors

Rev () 1-06/11 hmd

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AITACHMENT 4

PROJECT DATA SHEETPROJECT NAME: TowerCo - Murray Ridge

PROJECT DESCRIPTION: A wireless communication facility consisting of a 38' tallmonopalm supporting 12 antennas. Associated equipment islocated in a 200 sq. ft. enclosure.

COMMUNITY PLAN Serra MesaAREA:

DISCRETIONARY Conditional Use Permit; Planned Development Permit.ACTIONS:

COMMUNITY PLAN LAND Low-Medium Density ResidentialUSE DESIGNATION:

ZONING INFORMATION:

ZONE: RS-I-7

HEIGHT LIMIT: 30-Foot maximum height limit.

FRONT SETBACK: 15 feet.

SIDE SETBACK: 44 feet (both side yards combined).

REAR SETBACK: 13 feet.

LAND USE EXISTING LAND USEDESIGNATION &

ADJACENT PROPERTIES: ZONE

NORTH: Low-Medium Density Single-Family ResidentialResidential; RS-I-7.

SOUTH: Open Space; RS-l-7. Interstate-805

EAST: Low-Medium Density Single-Family ResidentialResidential; RS-I-7.

WEST: Low-Medium Density Single-Family ResidentialResidential; RS-I-7.

DEVIATIONS OR 1. Deviation to allow a 3' encroachment into side yardVARIANCES REQUESTED: setback;

2. Deviation to allow 38' where 30' is the maximum.

COMMUNITY PLANNING On December 16, 20 10, the Serra Mesa CommunityGROUP Planning Group voted 7-2-0 to approve this project, with theRECOMMENDATION: caveat that the application satisfY staff issues identified in

the assessment letter.

ATTACHMENT 5

PLANNING COMMISSIONRESOLUTION NO.

CONDITIONAL USE PERMIT NO. 727347PLANNED DEVELOPMENT PERMIT NO. 794792

TOWERCO - MURRAY RIDGEPROJECT NO. 205032

DRAFT

WHEREAS, INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, Owner and TowerCoAssets, LLC., Pennittee, filed an application with the City of San Diego for a pennit for a wirelesscommunication facility consisting (as described in and by reference to the approved Exhibits "A" andcorresponding conditions of approval for the associated Pennit No.'s 727347 and 794792), on portions ofa 2.87 acre site;

WHEREAS, the project site is located at 2285 Murray Ridge Road in the RS-I-7 zone of the Serra MesaCommunity Plan;

WHEREAS, the project site is legally described as: That Portion of Parcel "Boo of Princess Park Estates,Unit No, 7, according to Map No. 4621, filed in the Office of the County Recorder of San Diego;

WHEREAS, on April 7, 2011, the Planning Commission of the City of San Diego considered CUP No,727347 and PDP No. 794792, pursuant to the Land Development Code of the City of San Diego;

WHEREAS, on February 28, 2011, the City of San Diego, as Lead Agency, through the DevelopmentServices Department, made and issued an Environmental Detennination that the project is exempt fromthc California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et. seq.) underCEQA Guideline Section 1530l(b) and there was no appeal of the Environmental Detennination filedwithin the time period provided by San Diego Municipal Code Section 112.0520;

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

That the Planning Commission adopts the following written Findings, dated April 7, 201 I.

FINDINGS:

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

Section A.15 of the Urban Design section of the City of San Diego's General Plan addresses WirelessFacilities. The intent is to minimize the visual impact of wireless facilities. The General Plan states thatwireless tacilities should be concealed in existing stluctures when possible, or otherwise use camouflage andscreening techniques to hide or blend the facilities into the surrounding area. In this particular case, themonopalm has existed at this site for approximately ten years. The project consists of a 38-foot faux palmtree supporting 12 panel antennas with associated equipment located within an adjacent 200 square footenclosure. The project is situated on the southern edge of the Faith Community Church at 2285 MurrayRidge Road, overlooking 1-805, It is located in a line of7-8 live palms of differing species.

ATTACHMENT 5

The General Plan states that facilities should be designed to be "aesthetically pleasing and respectful to theneighborhood context:' The faux tree is visible to the homes near the intersection of Regency Road andGalahad Road, however, three 60-inch box California Sycamores will be planted to help provide filtering ofviews from those homes.

The Serra Mesa Community Plan does not address WCF's with a specific land use recommendation. Basedon the project's design, the facility will comply with the City of San Diego's General Plan as it relates toWireless Facilities, and this project would not adversely alTect the land use plan.

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

The Telecommunication Act of 1996 preempts local governments from regulating the "placement,construction and modification of wireless communication facilities on the basis of the envirorunental eflectsofRadio Frequency (RF) emissions to the extent that such facilities comply with the Federal CommunicationCommission's (FCC) standards for such emissions." The proposed project would be consistent with theFCC's regulations for wireless facilities. To insure that the FCC standards are being met, a condition hasbeen added to the permit that requires TowerCo to submit an RF study to demonstrate compliance with theapplicable FCC regulations prior to building permit issuance. Therefore, based on the above, the projectwould not result in any significant health or safety risks to the surrounding area within matters of the City'sjurisdiction.

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

The project meets the intent, for the most part, with all applicable regulations including the RS-I-7development regulations of the Land Development Code and the City of San Diego WirelessCommunication Facility Regulations (Land Development Code Section 141.0420). This section of thecode requires architectural integration and/or enhancements with the existing buildings or landscape onthe property. The faux palm tree is 38-feet tall and is located in a landscape strip containing 7-8 livepalms of differing species. Although the live palms vary in height, tor the most part, they are very closein size to the monopalm making it integrate well into that portion of the property.

The location of the monopalm, on the southern edge of the church property facilitates the intendedC{)verage of the WCF; 1-805 and the residential areas to the east. The side yard setback is required to be acombined total for both side yards of 44-feet. The northern setback is established at approximately 30­feet leaving the remaining required setback on the southern edge to be l4-feet. It is currently 11' 8",which results in almost a three foot encroachment. The property just to the southwest of the monopalm isa Caltrans slope easement and beyond that, 1-805 exists.

Therefore, the project complies to the maximum extent possible with the applicable regulations of theLand Development Code, while continuing uninterrupted coverage and service to the Serra Mesacommunity and travelers along 1-805. Based upon these considerations, this project complies, to the extentfeasible, with the applicable regulations of the Land Development Code.

2

ATTACHMENT 5

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

The monopalm is situated on the southern edge of the Faith Community Church property, overlooking 1­805. It provides wireless services to travelers along the freeway as well as to the southern and easternportions of the Serra Mesa community. Council Policy 600-43 identifles preference levels for land usesfor wireless communication facilities, encouraging non-residential uses over residential uses. However,understanding that the demand for wireless services in residential areas has increased over the years, thePolicy and the Code were written to encourage locating these facilities on non-residential uses withinresidential areas, such as a church. Therefore, this project is appropriate for this location.

Planned Development Permit - Section 126.0604

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

Section A.15 of the Urban Design section of the City of San Diego's General Plan addresses WirelessFacilities. The intent is to minimize the visual impact of wireless facilities. The General Plan states thatwireless facilities should be concealed in existing structures when possible, or otherwise use camouflage andscreening techniques to hide or blend the facilities into the surrounding area. In this particular case, themonopalm has existed at this site for approximately ten years. The project consists ofa 38-foot faux palmtree supporting 12 panel antennas with associated equipment located within an adjacent 200 square footenclosure. The project is situated on the southern edge of the Faith Community Church at 2285 MurrayRidge Road, overlooking 1-805. It is located in a line of7-8Iive palms of differing species.

The General Plan states that facilities should be designed to be "aesthetically pleasing and respectful to theneighborhood context." The faux tree is visible to the homes near the intersection of Regency Road andGalahad Road, however, three 60-inch box California Sycamores will be planted to help provide filtering ofviews from those homes.

The Serra Mesa Community Plan does not address WCF with a specific land use recommendation. Based onthe project's design. the facility will comply with the City of San Diego's General Plan as it relates toWireless Facilities, and this project would not adversely affect the land use plan.

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

The Telecommunication Act of 1996 preempts local governments from regulating the "placement,construction and modification of wireless communication facilities on the basis of the environmental effectsof Radio Frequency (RF) emissions to the extent that such facilities comply with the Federal CommunicationCommission's (FCC) standards for such emissions" The proposed project would be consistent with theFCC's regulations for wireless facilities. To insure that the FCC standards are being met, a condition hasbeen added to the permit that requires TowerCo to submit an RF study to demonstrate compliance with theapplicable FCC regulations prior to building pennit issuance. Therefore, based on the above, the projectwould not result in any significant health or safety risks to the surrounding atea within.matters oftlie City'sjurisdiction.

3

ATTACHMENT 5

(c) The proposed development wiD comply with the regulations ofthe Land Development Code;

The project meets the intent, for the most part, with all applicable regulations including the RS-1-7development regulations of the Land Development Code and the City of San Diego WirelessCommunication Facility Regulations (Land Development Code Section 141.0420). This section of thecode requires architectural integration and/or enhancements with the existing buildings or landscape onthe property. The faux palm tree is 38-feet tall and is located in a landscape strip containing 7-81ivepalms of differing species. Although the live palms vary in height, for the most part, they are very closein size to the monopalm making it integrate well into that portion of the property.

The location of the monopalm, on the southern edge of the church property facilitates the intendedcoverage of the WCF; 1-805 and the residential areas to the east. The side yard setback is required to be acombined total for both side yards of 44-feel. The northern setback is established at approximately 30­feet leaving the remaining required setback on the southern edge to be 14-feet. It is currently II' 8",which results in almost a three foot encroachment. The property just to the southwest of the monopalm isa Caltrans slope easement and beyond that, 1-805 exists.

Therefore, the project complies to the maximum extent possible with the applicable regulations of theLand Development Code, while continuing uninterrupted coverage and service to the Serra Mesacommunity and travelers along 1-805. Based on these considerations, this project complies, to the extentfeasible, with the applicable regulations of the Land Development Code.

(d) The proposed development, when considered as a whole, will be beneficial to the community;and

This project will be beneficial to the community, The facility provides wireless communication services forusers of cell phones and other wireless devices. The facility provides these wireless services in a way that isaesthetically compatible and blends in with the environmental setting that surrounds it. Therefore, thisdevelopment will be beneficial to the community.

(e) Any proposed deviations pursuant to Section 126.0602(b){1) are appropriate for this locationand wiD result in a more desirable project than would be achieved if designed in strictconformance with the development regulations of the applicable zone.

The RS-I-7 zone allows a maximum height onO-feet. The faux tree is 38-feet high and is located on thesouthern edge of the church property overlooking 1-805. The monopalm is minimally visible from thefreeway due to the ditference in topographical elevation between the church and the freeway (90-feet).The faux tree is situated within a landscape strip that contains several live palms of similar height andvarying species, which helps to reduce views. Additionally, the permit requires TowerCo to add three60-inch California Sycamores to the south and north of the faux tree, which will help filter views of themonopalm from the residential areas to the east.

If the faux tree were reduced to 30 feet in height, the Sprint Nextel coverage foot print would be reducedas well and may result in additional facilities being added to the community to compensate for the loss incoverage.

4

ATTACHMENT 5

The RS-I-7 zone requires a combined 44-foot yard setback between the two side yards. Since thenorthern setback is fixed at approximately 30-teet, the opposite side required setback is 14-feet. Theexisting equipment enclosure is II '8" from the property line, which results in almost a 3-footencroachment. The adjacent property is a Caltrans easement, which slopes down to 1-805. Overall, thelocation and design of the faux tree, the existing mature landscaping and the addition of CaliforniaSycamores make this project a weH designed wireless communication facility.

BE iT FURTHER RESOLVED that, based on the findings hereinbefore adopted by the PlanningCommission, CUP No. 727347 and PDP No. 794792 are hereby GRANTED by the PlanningCommission the referenced Owner/Permittee, in the form, exhibits, terms and conditions as set forth inPermit No.'s 727347 and 794972copies of which are attached hereto and made a part hereof.

Karen Lynch-AshcraftDevelopment Project ManagerDevelopment Services

Adopted on: April 7, 20 II

Job Order No. 24000694

5

ATTACHMENT 6

RECORDING REQUESTED BYCITY OF SAN DIEGO

DEVELOPMENT SERVICESPERMIT INTAKE. MAIL STATION 501

PROJECT MANAGEMENTPERMIT CLERK

MAIL STATION 501

SPACE ABOVE THIS LINE FOR RECORDER'S USEINTERNAL ORDER NUMBER: 24000694

CONDITIONAL USE PERMIT NO. 727347PLANNED DEVELOPMENT PERMIT NO. 794792

TOWERCO - MURRAY RIDGE PROJECT NO. 205032PLANNING COMMISSION

DRAFT

This Conditional Use Permit No, 727347 and Planned Development Permit No. 794792 isgranted by the Planning Commission of the City of San Diego to, International Church of theFoursquare Gospel, Owner, and, TowerCo Assets, LLC., Pennittee, pursuant to San DiegoMunicipal Code [SDMC] section 141.0420 and Chapter 12, Article 6, Division 6, The 2.87-acresite is located at 2285 Murray Ridge Road in the RS-I-7 zone of the Serra Mesa CommunityPlanning area. The project site is legally described as: That Portion of Parcel "B" of PrincessPark Estates, Unit No.7, according to Map No. 4621, filed in the Office of the County Recorderof San Diego.

Subject to the tenus and conditions set forth in this Permit, pennission is granted toOwner/Permittee for a wireless communication facility consisting ofan existing 38-foot tall fauxmonopalm supporting 12 antennas. Associated equipment is located in a 200 square footenclosure adjacent to the faux tree, described and identified by size, dimension, quantity, type,and location on the approved exhibits [Exhibit "A"] dated April 7,2011, on file in theDevelopment Services Department.

The project shall include:

a. An existing 38-foot tall faux palm tree, supporting a maximum of 12 pancl antennas.Associated equipment is locatcd within the existing 22-square foot enclosure at the baseof the tree;

b. This gives pennission to Towereo to have a wireless communication facility exceedingthe height limit by 8-feet (overall height of 38-feet) and it pennits an encroachment into

Page 1 of7

ATTACHMENT 6

the side yard setback of approximately three fcet (A combined 44-feet is required forboth side yards. The sidc yard on the north is fixed at 30-feet resulting in a requiredsetback of 14-feet on the south, however the equipment enclosure is at 11' 8"');

c. Landscaping (planting, irrigatiou and landscape related improvements);

d. Off-street parking;

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

STANDARD REQUIREMENTS:

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

2. This Conditional Use Permit (CUP) and corresponding use of this site shall expire on April7,2021. Upon expiration of this Permit, the facilities and improvements described herein shall beremoved from this site and the property shall be restored to its original condition precedingapproval of this Permit.

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

4. Under no circumstances, does approval of this permit authorize Permittee to utilize this sitefor wireless communication purposes beyond the permit expiration date. Use of this permitbeyond the expiration date of this permit is prohibited.

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

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

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

Page 2 of7

ATTACHMENT 6

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

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

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

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

10. The Owner/Petmittee shall secure all necessary building pennits. The Owner/Permittee isinfonned that to secure these pennit" substantial building modifications and site improvementsmay be required to comply with applicable building, fire, mechanical, and plumbing codes, andState and Federal disability access laws.

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

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

If any condition of this Pennit, on a legal challenge by the Owner/Pennittee of this Pennit, isfound or held by a court of competent jurisdiction to be invalid, unenforceable, or unreasonable,this Permit shall be void. However, in such an event, the Owner/Pennittee shall have the right,by paying applicable processing fees, to bring a request for a new permit without the "invalid"conditions(s) back to the discretionary body which approved the Permit for a detennination bythat body as to whether all of the findings necessary for the issuance of the proposed pern1it canstill be made in the absence of the "invalid" condition(s}. Such healing shall be a hearing denovo, and the discretionary body shall have the absolute right to approve, disapprove, or modifythe proposed pemlit and the condition(s) contained thcrein.

13. The Owner/Permittee shall defend, indemnity, and hold hannless the City, its agents,officers, and etllployees from any and all claims, actions, proceedings, damages, judgments, orcosts, including attorney's fees, against the City or its agents, officers, or employees, relating tothe issuaJlce of this permit including, but not limited to, any action to attack, set aside, void,challenge, or annul this development approval and any environmental document or decision.

Page 3 of7

ATTACHMENT 6

The City will promptly notify Owner/Pennittce of any claim, action, or proceeding and, if theCity should fail to cooperate fully in the defense, the Owner/Pennittee shall not thereafter beresponsible to defend, indemnify, and hold harmless the City or its agents, officers, andemployees. The City may elect to conduct its own defense, participate in its own defense, orobtain independent legal counsel in defense of any claim related to this indemnification. In theevent of such election, Owner/Permittee shall pay all ofthe costs related thereto, includingwithout limitation reasonable attorney's fees and costs. In the event of a disagreement betweenthe City and OwnerlPennittee regarding litigation issues, the City shall have the authority tocontrol the litigation and make litigation related decisions, including, but not limited to,settlement or other disposition of the matter. However, the Owner/Permittee shall not be requiredto payor perfonn any settlement unless such settlement is approved by OwnerlPennittee.

ENGINEERING REQUIREMENTS:

14. Prior to the issuance of any construction pennit, the Pennittee shall enter into aMaintenance Agreement for the ongoing pennanent BMP maintenance, satisfactory to the CityEngineer.

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

16. Prior to the issuance of any construction pcm1it the Pennittee shall submit a WaterPollution Control Plan (WPCP). The WPCP shall be prepared in accordance with the guidelinesin Appendix E of the City's Stann Water Standards.

17. Any party on whom fees, dedications, reservations, or other exactions have been imposedas conditions of approval of this development permit, may protest the imposition within 90 daysof the approval of this development pennit by filing a written protest with the City Clerkpursuant to California Government Code 66020.

LANDSCAPE REQUIREMENTS:

18. In the event that the Landscape Plan and the Site Plan conflict, the Site Plan shall berevised to be consistent with the Landscape Plan such that landscape areas are consistent with theExhibit 'A' Landscape Development Plan.

19. Prior to issuance of any construction pennits for buildings complete landscape andirrigation construction documents ccnsistent with the Land Development Manual: LandscapeStandards shall be submitted to the Development Services Department for approval. Theconstruction documents shall be in substantial confonnance with Exhibit 'A,' LandscapeDevelopment Plan, on file in the Office of the Development Services Department. Constructionplans shall take into account a 40 square foot area around each tree which is unencumbered byhardscape and utilities as set forth under LDC 142.0403(b)5.

Page 4 of7

ATTACHMENT 6

20. Within 90 days of approval of this permit (July 7, 2011), Permittee sha11 submit LandscapeConstruction plans illustrating the addition of three 60-inch box California Sycamore trees tohelp integrate the monopalm into the landscape setting.

21. No later than 180 days rrom pennit issuance, it shall be the responsibility of theOwner/Permittee to install all required landscape and obtain all required landscape inspections.

22. A11 required landscape shall be maintained in a disease, weed and litter rree condition at alltimes. Scvere pruning or "topping" of trees is not pClmitted. The trees shall be maintained in asafe manner to allow each tree to grow to its mature height and spread.

23. If any required landscape (including existing or new plantings, hardscape, landscapefeatures, etc.) indicated on the approved construction document plans is damaged or removedduring demolition or construction, it shall be repaired and/or replaced in kind and equivalent sizeper the approved documents to the satisfaction of the Development Services Department within30 days of damage or Certificate of Occupancy or a Final Landscape Inspection.

24. Any required planting that dies within 3 years of installation shall be replaced within 30calendar days ofplant death with the same size and species of plant material shown on theapproved plan. Required shrubs or trees that die 3 years or more after installation shall bereplaced with 15 gallon size or 60-ineh box size material, respectively. Development Servicesmay authorize adjustment of the size and quantity of replacement material where materialreplacement would occur in inaccessible areas or where the existing plant being replaced islarger than a 15 gallon shrub or 6O-inch box tree.

PLANNING/DESIGN REQUIREMENTS:

25. Within 90 days of approval of this pennit (July 7, 2011), the Permittee shall provide acertified cumulative radio rrequency model study demonstrating compliance with the FederalCommunications Commission's Radio Frequency Guidelines. All significant contributors to theamhient RF environment should be considered in the radio rrequency model study.

26. All equipment, including transformers, emergency generators and air conditioners shall bedesigned and operated consistent with the City noise ordinance. Ventilation openings shall bebaffled and directed away rrom residential areas. Vibration resonance of operating equipment inthe equipment enclosures shall be eliminated.

27. A11 facilities and related equipment sha11 be maintained in good working order and freefrom trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shallbe repaired or replaced within thirty (30) calendar days.

28. No exposed mounting apparatus may remain on the tree without antennas.

29. Panel antennas must be unifonn in size and appearance. All panel antennas must bepainted the same color as the fronds.

Page 5 of7

ATTACHMENT 6

30. The Pennittee shall place appropriate signage on the WCF as required by CAL-OSHA tothe satisfaction ofthe Development Services Department.

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

INFORMATION ONLY:

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

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

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

APPROVED by the Planning Commission of the City of San Diego on April 7, 2011 byResolution No. _

Page 6 of7

ATTACHMENT 6

Pennit Type/PTS Approval No.: CUP No. 727347/PDP No. 794792Date ofApproval: April 7, 201 J

AUTHENTICATED BY THE CITY OF SAN DIEGO DEVELOPMENT SERVICESDEPARTMENT

Karen Lynch-AshcraftDevelopment Project Manager

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

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

International Church of theFoursquare Gospel

Owner:

By _NAMETITLE

TowerCo Assets, LLC.Permittee

By""N,--A.,-M":':E:c-----------

TITLE

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

Page 70f7

EIistinglProposed CA2554 Murray Ridge

Looking South towards Monopalm

ATIACHMENT7

LIl<lAL02I32193327vl 1

EmtinglProposed CAZ554 Murray Ridge

ATTACHMENT 7

Looking Eut towards MODopalm

LEGAL02l32193327vl 2

ExistiDglProposed CA2SS4 Murray Ridge

ATIACHMENT7

Looking South towards Monopalm

LEGAL02I.l2193327v1 3

ATTACHMENT 7

4

ATTACHMENT 7

5

c«o0::>­UZWC)W0::~o0::u..C)Z-~oo...J

NOTICE OF EXEMPTIONATTACHMENT 8

(Check one ()1' both)TO: X REcoRDER/CouNTY CLERK

P.O. BOX 1750, MS A-331600 PACIFIC HWY, ROOM 260SANDIEGO,CA 92101-2422

__--'OFFICE OF i'LANNlNG AND RESllARCH1400 TENTH STREET, RooM 121SACRAMENTIJ, CA 95814

FROM: CITY OF S~'lDII!GO

DEVELOPMENl SERVICES DEP.I.RTMENT1222Fmsr AVENuE, MS 501SANDlEGO, CA 92101

PROJECr No.: 205032 PROIECTTfI11l: Tower C<l MIIJTlI)' Ridge

PROIECr LocATION-SPECIFIC: 2285 Murray Ridge Rood, San Diego, CA 92123 <Pan:eI B or Park Estates Unit I of Map No 4621)

PROIECr LocATION-CITY/COUNTY: Sm ViegolSm Diego

DEsClUPTlON OP NAlVRE AND PURPOSE OF TllIl PRoJECT: Conditi.onll Use Permit (CUP) ond Plonned Development Permit (PDP)for a Wireless CommUDication Facility (WCF) which currently contains a 38-foot tall monopalm, supporting 12 antennas wid!associated equipment The project would allow for the continued use of an existing WCF with approw! of the Conditional UsePermit and where no adverse envil'Onmental impacts would result The WCF is located within a 200 square foot enclosure at 2285Murray Ridge Road in 1ft. RS-I-7 zone ofdl. Sem Mesa Community Planning Area of COUDcil Imtrict 6, City md C<lunty ofSao Diego.

NAME OF PUBLIC AGENCY APPROVING PROJECT: City of San Diego

NAME OF PERSON OR AGENCY CIIIlRVlNQ Our PROJECT: KalhIeen HillAlston aod Bird LLP333 Hope #1600Los Angel.., CA 90071213-576-1056

ExEMPTSTATUS: (CHECK ONE)() MlNISTERIAL(SEC.21080(b)(I); 15268);() DECLARED EMERGENCY (SEC. 21080(b)(3); 15269(a»;( ) EMERGENCY PROJECT (SEC. 21080(b)( 4}; 15269 (b)(c})(X ) CATEGORICAL ExEMPTION: 1530 I (b) - Existing Facilities existing pohlic and prink utilities.( ) STATUTORY ExEMPTIONS:

REASONS v.1lY PROJECT IS EXEMPT: The pmject meet.'l the criteria set forth in CEQA Section 15301 (b) - Existing Facilities ofbothinvestor ond puhlically owned utilities used to provide elcctri~ power, naIura1 gas, sewage or olher public utility services andwhere the project involve, negligible or no oxp8ll5iou of an oxistins use, where no adverse environmental imp8lllS would ,....It andwhere the exceptioos listed inCEQA Section 15300,2 would not apply.

LEAD AGENCY CONTACT PERSON: Lizzi TELEPHONE' (619)619-446-5159

IF FILED BY APPLICANT:I. AITA.CH CERTIFIED IXlCUMBNT OF EXEMPTION FINDING,2. HAS ANanCE OF EXEMPTION BIlEN FIl£D BY TllIl PUBLIC AGENCY APPROVING TIlE PROJECT'I

( ) YES ( ) No

T THE CITY OF SAN DJEOO HAS DETBRMINEDTHE ABOVE A.CTIVITYTO BE EXEMPT FROM CEQA

'il!CKONE:SJGNED By LEAD AGENCY

:GNED BY APPLICANT

SENIOR PLANNER l'EBRUARy28.201lDATE

DATE REcEIVED FOR FILING WITH COUNTY CLERK OR OPR:

•Cit)' .fSao DioJ:.Developmeat ServiDes1212ll'int Ave., M8-3D2­S.n Dittl., c.\ 92101(619) 446-5210

ATTACHMENT 9

Community PlanningCommittee

Distribution Form Part 2

PrLlltell Oil reeY4:1ed. pl.pelf. Th15 laronaatin 15 a"allabk III Ilftrnati'n: formm far perID.I with dlubililiea.To rcquat thiI dOCtl.ll1CDt in ahvDlItiYe forDla~(ID (6J') 446--5446 or (BaO) 73!1-1929 (TI')..

Be sure to 11ft UI 1,)8 the WorldWid:t Woeb at www.1I8adlea;o.IO...:Jdevel.pmeat-aen-iee.

PJ'ojut Name: Project N..,ber Dutribution Date

Tower Co Murray Ridge CUPIWCF 205032 10/07/10

Pr.je<t Sc.pe, SERRA MESA..Co..pl....... Reiv... (C.ndition.l U.o.l'onnit) for WCF

Project Loc.atfOD z,zgS- /VfW1fb{ ~J~ RCXA}AppliOllllt Name, Applicant .Pboae No.

Kathleen Hill 213-5'76-1056

Related Projo<ll

Project Maug.. Phone Numb. FnNulBi.ber E-mail Address

Karen Lyneh.Asheraft 446-5231 (619) 446-5245 KLynehuh@88Ddiego.gov

C.mmuDityPIaD~ )J.MOJ Countil District 6EIiml;ll[ z.oac IPropoRd Zone Building Heigbt !\'umbu ofStorie'!l: FAR

Committee .RecommeDdatlonli (To be iClompleted for Initial Riwiew):

o v.te to Approve MembersYcs MembenNo Member'S Abstain

~vot.toAppr.ve Mtmbl!ll'SV. Members No (;!lenA_inWi... Cttnditions Listed Below 7 'J-

[J Vote to Appro.. Members Yes M.mberoNo Nemben AINrtaLD

With N.D-BiDding Rec.mm.Dd.ti.... Listed Bel"",

DVotoblDeny Memben:l"a Members No MembeE's Abstain

Aim D.te, Ib "toJO ID No Action (PI.... opocify, e.g., Need I\n'th.r lnformotioD, Split voto, D ContlunedC", I Laek of quorum, etc.)

CONDITIONS: Applle n"t 1() S:!t!yf"\ :1-.

~1~~ .1S'S"U2.- I' 141ll~~ 1\ QM 0-u." ~ l/oUfiSs-iJJ 0 "t' ~ }JoW!ft:, Dol ;;1 Jt.,10

NAME< I)ou \Ivf>SG1~ ~ C I

TITLE Cnal~II ~Cl\r

G l'hUt' \l n~'7l ~

I~ /7!:kJiOSIGNATURE DATE

ttnuclJ Additio1fal Pug"" IfNee1 ul . ";... Il<.... "Dtio 30 D.,.. ofDiotribuli'lfi ofFroi;"~ To:J Projed MAUCeD!eJlt DiviIioD

CltyOUIlO DtqoDevdopmeat Sl!l'YiclIi$ DCpa.rtlmCRt1%n Fint Avenge, MS J02SaD DIqo, CA 'nIDI

.. . ..

ATTCHMENT 10DEVELOPMENT SERVICES

Project ChronologyTOWERCO - MURRAY RIDGE

CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT PERMITPROJECT NO. 205032

City Applicant

Date Action Description Review Response

Time Time

2123110First Submittal Proj ect Deemed Complete

3119110First Submittal Assessment Initial Review completed

24 days

Letter

9/9110 Second Submittal 6 months

11/5110 Second Submittal 1 month,Assessment Letter 27 dayS

2/411 ] Third Submittal 2 months,30 daYS

9/9/10 CEQA Exemption

311111 Review completed Issues Resolved25 days

4i7/11 Planning Conunission I monthHearing

6 days

TOTAL STAFF TIME** 4 months22 days

TOTAL APPLICAI\T TIME·· 9 months

TOTAL PROJECT RUNNING TIME" From Deemed Complete to Planning 1 year, 1 month. 15 daysCommission Hearing

**Based on 30 days equals to one month.

ATTACHMENT 11THE CITY OF SAN DIEGO

DATE OF NOTICE: March 23, 2011

NOTICE OF PUBLIC HEARINGPLANNING COMMISSION

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

PROJECT TYPE:

PROJECT NUMBER:PROJECT NAME:APPLICANT:

COMMUNITY PLAN AREA:COUNCIL DISTRICT:

CITY PROJECT MANAGER:PHONE NUMBERJE-MAIL:

April 7, 20119:00A.M.Couucil Chambers, 12th Floor, City Administration Building,202 C Street, San Diego, California 92101

Conditional Use PermitlPlanned Development Permit,Process 4, Exempt from California Enviroumental QualityAct (CEQA)205032TOWERCO - MURRAY RIDGEKathleen Hill, Alston & Bird

Serra MesaDistrict 6

Karen Lynch-Ashcraft, Development Project Manager(619) 446-5351 klynchash(i1)sandicgo.gov

As a property owner, tenant or person who has requested notice, you should know that the PlanningCommission will hold a public hearing to approve, conditionally approve, or deny an application for awireless communication facility consisting of an existing 38-foot tall monopahn supporting 12 panelantennas with associated equipment located in an adjacent 200 square foot enclosure located at 2285Murray Ridge Road.

The decision of the Planning Commission is tinal unless the project is appealed to the City Council. Inorder to appeal the decision of the Planning Commission you must be present at the public hearing andtile a speaker slip concerning the application or have expressed interest by writing to the PlanningCommission betore the close of the public hearing. Please do not e-mail appeals as they will not beaccepted. See Information Bulletin 505 "Appeal Procedure", available atV.,'w~!_sl1ndiego_gov/dcvclomncnt-scrviccs or in person at the office of the City Clerk j 202 "e" Street,Second Floor. The appeal must be made within 10 working days of the PIarming Commission

ATTACHMENT 11

decision. If you wish to challenge the City's action on the above proceedings in court, you may helimited to addressing only those issues you or someone else have raised at the public hearing describedin this notice, or written in correspondence to the City at or before the public hearing.

This project was determined to be categorically exempt from the California Euvirorunental Quality Acton February 28,2011 and the opportunity to appeal that determination ended March 16,2011.

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

This information will be made available in alternative formats upon request. To request an agenda inalternative format or to request a sign language or oral interpreter for the meeting, call SupportServices at (619) 321-3208 at least five working days prior to the meeting to insure availability.Assislive Listening Devices (ALD's) are also available for the meeting upon request.

Internal Order Number: 24000694

Re\'ised 12,....-'5/01'; RH

ATTACHMENT 12

-----._---------C;!y~ S(!f1 OjoSii.lO~O"", ••t t1e"'o'i....1222 First hOlJ.! ~~~~:7.S&I~ L;;legc, CA 9?i01

~ ". e...,~..:· 'l!." C"_, (u19) 446-SOQ('

Ownership DisclosureStatement

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ATTACHMENT 12

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2

ATTACHMENT 13ti~Ji'"

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C.~ ElEVATION D la. (»4)2e~33FAX. (2:.4) 293-64#

A-I ANTENNA DeTAILS D

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MURRAY RIDGE CA-2554m ADDRE8&:

2285 ~RAY RIDGE ROADSAN DIEGO, CA 92123

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ATTACHMENT 13

THI9 flI'llO.j£CT~ES NOTIOOl'K Il.lTHH Tl-lE PWlLICRIGHT-a'-WAr.

HOTI!!.NO E><lflTING PAAOola SpAa'! IUJ..LeE UflED OR~ BY THIBf'RlXlLICT.

NOTE.THIa Ia AN NlTALLATIGN IN&lDE ANE><l9THG FACILITY ANI:) NO GROUNCDIaTUReAHCE OR TIOEI'CHt6 IE>f'RCIf'O&ED BY THIEl f'ROJECT.F'R:lF'O&ED CCltVUITe AFlE 1IIDINAN EXIBTIHI:i CAa.E COAX ICEeRlOGe.

NOTE.~OR TO T1-IE" I!l6UANCE a' IWrCQNelRlCTlC1'l PEFI1IT, THr:;F'I:FlMltee BHAU..~TEANY" C£lI'lt>1J;!UCTION eESTM~Plb\CTICESNECEl!iflART TO c;GIMf'I..,.. IIJTHCHAPTER 14, ARTraJ: 2, DIV1BIClN I(~~TIc;1N5) CF T1-I:BAN DIE'60 ......ICIPAL CODE, NToTHE CONeTRJCTIGlN~ 0I'lllFECFICATlot«l.

NOlC._!OF! TO THE I!l~ CF ANYCON5TRJCTION F'ER'1IT, THE_ITEE 5HALL 5lSMIT A Ulll.TEli!FOI..1.llTION CCHTAO~ PLAN ruFCP~

Tl-E IU"Cf' eHAl.~ BE I"'REPAI'£D :::ACCOf;DANCE JmH TIE GUlDElNEIN Af'f'ENDD< E CF TIlE CITY'eflTOR"'! WATEli! eT.AMD~.

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AN AUTe::t1Anc, CLECTRlCAl-1..TcaNTfOICllLED IIiiI'!lGATlON 6T6TE1'!I*IALL ee N!lTALL.a> HACCOROAM2' Ll.ln·l THE~AND 6TANDARDi:o CA" THE CllT a'BAN DIEGO LANDSCAPEOl"!DINANCE 6~CIlOH ~1D403 #II)THE ClrT c:F SAN DIEGO LANDDEVELOA'1EHT M,.tHlAl.L;lloIp6CAf'l: 6TANDNlD6.I~TIG1oI6Y&TB1S9j.lAU.~MAINTAIt£D FOR~DEvELOR"lE)IT AND MAHreNAHCEOF THE \'EGETATION tl A l-£,f,LTH"1"'.OIllEME-I"IEeIBTANT cot-lOlT1CH.THE E>E51GN OF THE SYSlEM SHALLF'ROVIDE ,ADEQJATE i!lLIPFORI' FORTHl: vE6ETATlON 9El-ECTED.

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TOWERCO ASSETS, LLC. EXECUTIVES

Richard J. ByrneChief Executive Officer

Scot LloydChief Operating Officer

Dan HuntChief Financial Officer

Todd BoyerVice President of Sa les

Matt MassarelliCorporate Counsel

ATIACHMENT 14

ATIACHMENT 15

INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPELBOARD OF DIRECTORS

Sterling Brackett

Chief Operati ng Officer, Secretary-Treasurer

Glenn C. Burris Jr.

President

Tammy DunahooVice President of U.S. Operations, General Supervisor

James C. Scott Jr.Vice President of Global Operations; Director of Foursquare Missions International (FMI)

Ron Thigpenn

Chief Financial Officer