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HomeMy WebLinkAbout29-Development Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Conditional' Use Permit No. 06-24 (Appeal No. 07-02) — An appeal of the Planning Dept: Development Services Commission approval of additional antennas and equipment at an existing communication tower Date: April 17, 2007 site, with a requirement to replace the existing non-stealth monopole tower with a monopine. The project site is located at 1093 West 50' Street in the CH, Commercial Heavy land use district. MCC Date: May 7, 2007 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny Appeal No. 07-02 and uphold the Planning Commission approval of Conditional Use Permit No. 06-24. Valerie C. Ross Contact person: Brian Footer Associate Planner Phone: 184-5057 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) -- Finance: Council Notes: 7 f 10 -7 Agenda Item No. ! CITY OF SAN BERN'ARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Mayor & Common Council Meeting of May 7, 2007 SUBJECT: Conditional Use Permit No. 06-24 (Appeal No. 07-02) OWNER: APPELLANT: Albert R. Okura Royal Street Communications 1398 North `E' Street John Beke San Bernardino, CA 92405 547 E1 Encino Drive (909) 885-6-124 Diamond Bar, CA 91765 (909) 896-0945 BACKGROUND The subject of this appeal is the Planning Commission's approval of Conditional Use Permit (CUP) No. 06-24 to install additional antennas on an existing 60-foot non-stealth monopole telecommunications tower and additional equipment on the ground. The subject property is located at 1093 W. 5th Street (Exhibit 1 — Location Map). In the Planning Commission Staff Report (Exhibit 2), staff required a new monopine tower in order to satisfy the necessary Findings of Fact to recommend an approval. The Planning Commission voted unanimously to approve the application. The appellant filed Appeal No. 07-02 on March 19, 2007, to the Mayor Common Council seeking to overturn the Planning Commission's requirement to replace the existing tower with a monopine. (Conditions 17, 18, and 19). In the Appeal application (Exhibit 3), the appellant states, "The approval requires actions not proposed with CUP 06-24 nor required by the Development Code." The appellant also states, "The new antennas are barely discerfiable to the public. A f:ew pine adds much more bulk and visual impact than the proposed antefuias, thus meeting the standard of being compatible with surrounding development as set forth in §19.20.030(3)(D)(8) of the Development Code." The appellant states that the condition requiring replacement of the existing monopole with a monopine is not required by the Development Code. Although a monopine tower is not specifically required by the Development Code, Chapter 19.36 of the Development Code sets forth the CUP application process, which authorizes the Planning Commission to make determinations on a case by case basis and to apply conditions of approval as necessary to support findings for approval. The CUP application provides for analysis of a proposed use, including site-specific design, configuration, and potential impacts on surrounding properties. The purpose of the review is to determine whether the proposed use should be permitted by weighing its potential benefits against the impacts that it may cause. The appellant states that the CUP application did not rp opose replacement of the existing monopole with a monopine. Clearly, that is true, but the Planning Commission is not obliged to approve a CUP upon presentation of an application and without Conditions of Approval. Appea!.Vo. 07-02 Hearing Date. MaY 7, 2007 Page 2 Staff's recommendation for approval of CUP 06-24 was based in part on Findings 1 and 2 of the Planning Commission Staff Report, both of which assumed the required upgrade to a monopine design, to screen the antennas and the tower structure. The appeal statement claims that monopine camouflage would add bulk and have a greater visual impact than just adding the antennas. It is true that the new antennas proposed by CUP 06-24 would be flush mounted and not very noticeable. However, the additional antennas constitute intensification of the existing facility, which warrants an improvement of the existing tower to bring it up to current aesthetic standards. The faux pine branch camouflage required by CUP 06-24 will conceal all of the antennas proposed for the site, as well as the tower itself, which is unsightly and prominently visible from 5`h Street and from several residences to the north that face 5`h Street. FINANCIAL IMPACT No financial impact to the City. The appellant paid applicable fees. RECOMMENDATION Staff recommends that the Mayor and Common Council deny the Appeal and uphold the Planning Commission approval of CUP 06-24, including all the conditions of approval. EXHIBITS: 1. Location Map 2. March 6, 2007 Staff.Report to Planning Commission 3. Appeal e�� nei IA III nl : uul IIIP n ionum � � i� ON 11111 NO OWNmn�mmuei im i MINE i nWw i n �� °• tiim° INmi 5th Street Appeal No. 07-02 EXHIBIT 2 -PLANNING COMMISSION STAFF REPORT Hearing Date:May 7. 2007 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Conditional Use Permit (CUP) No. 06-24 AGENDA ITEM: 4 HEARING DATE: March 6, 2007 WARD: I APPLICANT: OWNER: Thomas Cornish Albert R. Okura Roval Street Communications 1398 North 'E' Street 350 Commerce, Suite 200 San Bernardino, CA 92405 Irvine, CA 92602 (909) 885-6324 (949) 230-3060 REQUEST & LOCATION: A request for approval of a Conditional Use Permit to install additional antennas on an existing 60-foot non-stealth monopole telecommunications tower, and to install additional ground equipment on the site located at 1093 W. 5th Street in the CH, Commercial Heave land use district. CONSTRAINTS & OVERLAYS: Potential Ground Subsidence Area ENVIRONMENTAL FINDINGS: ❑ Not Subject to CEQA ❑ Exempt from CEQA, Section 15301 - Existing Facilities ❑ No Significant Effects ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: • Approval • Conditions ❑ Denial 0 Continuance to: CUP A'o. 06-24 Afeeting Date March 6, 2007 Page 2 it REQUEST & LOCATION The applicant requests approval of a Conditional Use Permit to install additional antennas on an existing 60-foot non-stealth monopole telecommunications tower and additional equipment located at the rear of an unimproved parcel located at 1093 W. 5ch Street in the CH, Commercial Heavy land use district (Attachment A). SETTING & SITE CHARACTERISTICS The site, approximately 4,800-sq.ft. in size, is unimproved and vacant except for the existing monopole tower and associated equipment. To the east and west of the location are businesses in the CH, Commercial Heavy land use district. To the north are single-family- homes in the CG-1, Commercial General land use district. To the south is a railroad yard in the IH, Industrial Heavy land use district. 3 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed project is exempt from environmental review pursuant to California Environmental Qualitv Act (CEQA) Section 15301 for minor alterations to Existing Facilities. FINDINGS & ANALYSIS 1. Is the proposed use conditionally permitted ziitliin, and zi,ould not impair the integrity and cliaracter of, the subject land use district and complies uVii all of the applicable provisions of this Development Code? The proposed additional antenna and equipment are conditionally permitted under authority of Development Code §19.20.030(3)(C)(4) for non-stealth wireless communication facilities. The proposed additional antennas represent an expansion/intensification of the use of the facility, and Development Code §19.20.030(3)(D)(8) requires that new antennas be compatible with surrounding development and not adversely impact the adjacent neighborhood. Due to the prominent location of the subject monopole on a major thoroughfare, across from residences, staff has included a Condition of Approval to require replacement of the existing monopole with a monopine, consistent with Development Code §19.20.030(3)(D)(8). The proposed additional antenna, incorporated in monopine camouflage will be compatible and will not adversely impact the adjacent residential land uses. CUP No. 06-24 ,Meeting Date. March 6, 200' Page 3 2 Is the proposed iise consistent zi�itli the General Plan? The proposed additional antenna and equipment would be consistent with Utilities Police 9.8.1 which provides for the expansion of telecommunications systems for two-way communication between government and residents and businesses. With a stealth design upgrade and appropriate screening of the antenna, the proposal would be consistent with Land Use Policy 2.2.1 for ensuring compatibility between land uses, and would be compatible with the adjacent residential uses. A monopine stealth design upgrade would also be consistent with Community Design Policy 5.2.4 for screening of above-ground infrastructure support structures. Installing additional antenna on the existing non-stealth monopole would not be consistent with Land Use Policy 2.1.1 for enforcing development standards, design guidelines, and policies to enhance the character of San Bernardino's neighborhoods. Adding to the existing non-stealth monopole would not be consistent with Community Design Policy 5.2.4 for the screening of above- ground infrastructure support structures (e.g., stealth designs for cell towers). 3. Is the approval of the Conditional Use Permit for the proposed zise in conipliance With the reguirenients of the California Environnental Qilalihj Act and Section 19.20.030(6) of the Developnient Code? The proposed additional antenna and equipment is in compliance with the requirements 'of the California Environmental Quality Act (CEQA) and Development Code §19.20.030(6), in that the project is exempt from CEQA under Section 13301 for minor alterations to Existing Facilities. 4. Are there potentially significant negative inipacts upon environmental quality and natural resources that could not be properly mitigated and monitored? The subject property does not have any biological resources or sensitive habitats, and no significant negative impacts upon environmental quality or natural resources are anticipated. The project location has been previously disturbed and is surrounded by urban development. 5. Are the location, size, design, and operating cliaracteris tics of the proposed use compatible zi,itli the existing and fitture land uses zi�itliin the general area in zolzicli the proposed use is to be located and zt,ill it create significant noise, traffic or other conditions or situations that stay be objectionable or detrimental to other pertnitted uses in the vicinity or adverse to the public interest, liealtli, safety, convenience, or ?celfare of the City? CUP,Vo. 06-24 Afeeting Date. March 6. 2007 Page 4 The proposed additional antenna (with screening) and replacement of the existing pole with a monopine will meet the requirements of the Development Code, and will be compatible with existing and future land uses in the vicinity. The properties around the project site include single-family residential and commercial uses, and installing additional antenna with an aesthetic enhancement (e.g., monopine) will not detrimentally affect nearby residences, land uses, or the general welfare of the City. 6. Is the subject site physically suitable for the type and densitiy/intensihJ of use being proposed? The site is sufficient in size for the cell tower facility as well as installation of a monopine replacement tower. The intensity of the land use is not disruptive and any operational impacts (e.g. noise, traffic, etc.) will be negligible and will not negatively affect properties in the vicinity. There are no physical constraints or conditions on the site that would prevent the proposed type and intensity of land use. Are there adequate provisiotts for public access, Water, sanitation, and public utilities and serz,ices to ensure tliat the proposed use v,ould not be detrimental to public liealtli and safety? The existing site has adequate provisions for access, public and private utilities, and public services. The proposed use will not create additional demands for access, water, sanitation, or other public services. Private utilities currently serve the site. The proposed use will not be detrimental to public health and safety. CONCLUSION With the recommended requirement to upgrade to a stealth monopine design, the proposal satisfies all necessary Findings of Fact for approval of Conditional Use Permit No. 06-24. RECOMMENDATION Staff recommends that the Planning Commission approve Conditional Use Permit No. 06-24 based upon the Findings of Fact contained in the Staff Report, and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). CUP No. 06-24 Meeting Date,March 6, ?00'7 Page 5 Respectfully Submitted, Valerie C. Ross Development Services Director Brian Foote Associate Planner Attachment A Location Map Attachment B Site Plan & Elevations Attachment C Conditions of Approval Attachment D Standard Requirements nlluN 111111 11111 III 1111 II I IAI � 1 CITY OF SAN BERNARDINO PROJECT: CUP No. 06-24 PLANNING DIVISION LOCATION MAP HEARING DATE: 3/06/07 MINE 111101 n IN • NUNN milli I m ATTACHMENT B CUP No. 06-24 SITE PLAN & ELEVATIONS Afeeting Date. March 6, 2007 Li Ju Ttj L t Vlt .wens.,ao. W - - - - - - - - - - - - - - - - - - - ��� ! — In W � ` IL N i - I4 i I b i , \\\ \\\ i j 1 ' t ATTACHMENT B CUP No. 06-14 SITE PLAN & ELEVATIONS meeting Date March 6, 100' Cq �arr�orrr•rr�u�ws���r����rwro�arr�w�wrrrn�aw��a�sr��sa�w�s���� d � b I Existing F. Sol %n -_ Proposed 1 ❑ g \ _ 4 � I T �z I ,r b1 1 b ® ❑ El g n ' � 2 7 � i I I I ATTACHMENT B CUP No. 06-14 SITE PLAN & ELEVATIONS Meeting Date: March 6, 2007 i — — It AL i i i ATTACHMENT B CC.'P,Vo. 06 11.c'ttn Date. Afarch 6, 200- Imi r 1 i �. °i 4 ^ v No .- tea.- .. •'ir.. i �' . • ♦ L r._�:•rw•�Syr. .� A- . - 1�.{-t t A-.1-rte'-.`w•._•• :K.. • f•'� �....� .''`" .R' -'.''frtt. ply .�. .. - _ '• . ATTACHMENT C CONDITIONS OF APPROVAL 1. This permit/approval authorizes installation of a monopine up to 75'0" high and one additional set of antennas (for a total of two sets of antenna array) at an existing telecommunications facility, including ground- mounted equipment, located at 1093 W. 5t" Avenue. The existing pole shall be removed within 30 days of installation of the monopine. 2. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval/Standard Requirements. Expiration Date: MARCH 6, 2009 3. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. r CUP No. 06-24 March 6, 2007 Page 2 of 4 5. Construction shall be in substantial conformance with the plan(s) L approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 6. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate, if necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 7. This approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of 'air pollution; glare control; exterior lighting design and control; noise control; odor control; screening, signs, off-street parking and off-street loading; and, vibration control. Screening and sign regulations compliance is important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. CUP No. 06-24 March 6, 2001 Page 3 of 8. The operation of the antenna shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer, inclusive of the City's trunked 800h1Hz public safety radio system, etc.) or with Police or Fire Department communications equipment unless exempted by Federal Regulations. If notified by a City official that the antenna is creating interference, the use of the antenna shall cease immediately and remain out of use until the problem is resolved. 9. The project shall comply with all applicable requirements of the Public Works/ Engineering Division, the Building Division, the Fire Department, the Police Department, the Municipal Water Department, the Public Services Department, and the City Clerk's Office/Business Registration Division. 10. The project shall comply with the requirements of other agencies, as applicable (e.g. California Board of Equalization; Federal Communications Commission; etc.). 11. The applicant, tower operator(s), and property owner(s) shall be responsible for regular maintenance of the site (at least quarterly, or sooner as needed to properly maintain the site). Vandalism, graffiti, trash and other debris shall be removed within 24 hours. The management shall take a photograph of the graffiti and provide to the Police Department before removing the graffiti. 12. The use of barbed wire, electrified fence, or razor wire fence in conjunction with any fence, wall, roof, hedge, or by itself is prohibited per Development Code Section 19.20.030 (8)(C)(1). 13. The applicant/operator(s) and property owner shall ensure that the communications tower, equipment, and shelter shall be removed within 3 months after the use is abandoned. .14. Future installation of additional antennas/equipment, or other modification to the entitlement constituting an expansion or intensification of use, shall require obtaining a Conditional Use Permit approval from the Planning Commission prior to any installations or modifications. 15. Any equipment, whether on the roof, side of structure, or ground shall be screened as per Development Code requirements. Appeal No. 07-02 EXHIBIT 3 —APPEAL Hearing Date:Alav 7, 2007 CITY OF SAN BERNARDINO Development Services Department, Planning Division ' 300 North "D" Street, 3rd Floor San Bernardino, CA 92418 San Bemaf 1110 Phone (909) 384-5057 • Fax (909) 384-5080 Web address: w�,w.sbcity.org APPLICATION FOR APPEAL APPEAL FROM A DECISION OF THE (check one) ❑ Development Services Director ❑ Development/Environmental Review Committee 9 Planning Commission Case number(s): CJA 44 Project address: �,1I l � Appellant's name: 4 Owl �, OA,�W Vv` Ut'A CIA rA Appellant's address: Appellant's phone: _ )pellant's e-mail address: " �C- S • C Contact person's name: 'r, Contact person's address: rE` Contact person's phone: 0 - 0 9 5j Contact person's e-mail address: Q TV p Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate appeal filing fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing. OFFICE USE ONLY ate appeal filed: 3 t`a�1'1 Received by: 1 11/04 6. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire Department for plan check approval and permits. For information, phone 909-384-5388. 7. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone 909-384-5057. 8. Restaurants, food preparation facilities, and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. 9. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone 909-384-5141. 10. An air quality permit may be required. Contact South Coast Air Quality Management Division for information, phone 909-396-2000. 11. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders (that are doing the work). Contractors must provide their State license number, a city business registration, and workers compensation policy carrier & policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6 WEEKS FOR 1ST CORRECTIONS. EXPEDITIOUSREVIE'�k IS APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED INITHOUT CORRECTIONS. Comments: 300 N 'D' Street San Bernardino CA 91418 909-384-5071 Office 909-384-5080 Fax ATTACHMENT D Lftrn;arino Cite of San Bernardino STAtiDARD REQtJIREMEtiTS Development Services/Plan Check Division r Property address: DRUCUMP: DATE: NOTE; NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN SHEETS. Submit 6 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for expeditious review, submit 6 sets. The plans shall include (if applicable): a. site plan (include address & assessors parcel number) b. foundation plan C. floor plan (label use of all areas) d. elevations e. electrical, mechanical, & plum_ bing plans f. detail sheets (structural) g. cross section details h. show compliance with Title 24/Accessibility (disabled access) L a plan check deposit fee will be required upon submittal of plans. Call Development Services (plan check) 909-383-5071 for amount. 1. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers, & the current applicable codes. 2. The person who prepares them must sign the plans. Also, provide the address & phone number of that person. Some types of occupancies require that the plans are prepared, stamped, and signed by an architect, engineer, or other person licensed by the State of California. 3. For structures that must include an engineers design, provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 5. Submit grading, site, and/or landscape plans to Public NN'orks/Engineering for plan check approval and permits. For more information, phone 909-383-5111. 300 N 'D' Street San Bernardino CA 9418 __ nnn .n. cnon r__. CUP A'o. 06-24 March 6, 2007 Page 4 of 4 16. If a generator and/or fuel tank is to be installed in the future, a Development Permit shall be obtained from the Planning Division, as well as issuance of Fire Department and/or Building Division permits prior to installation. 17. The pole shall be a pine tree design with medium/heave branch coverage and standard size/color pine needles. Pine branches shall extend beyond the antenna for adequate concealment, to the satisfaction of the Director. 18. Antennas shall be painted green or covered with simulated pine needles to match the pine branches. 19. The pole shall be covered with a simulated pine bark cladding. 20. Submittal requirements for permit applications to the Building/Plan Check Division and the Public Works/Engineering Division shall include all Conditions of Approval and Standard Requirements issued with this Planning approval. 21. All Conditions of Approval and Standard Requirements shall be completed prior to final inspection and sign-off. ?'. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Development Services Department — Building/Plan Check Division End ofAttacliment C Iwo A AV 07-02 EXHIBIT 3 —APPEAL Hearing Date: Mai• 7, 2007 REQUIRED INFOTrMATION FOR AN APPEAL decific action being appealed and the date of that action:+, r J., Specific grounds for the appeal: 6241 LJ' .. w 1 c �' S GL I> l� j e, ::�!HAe— &oldl (AmLV jl�, Led 2.47 AI :;6J C J 0 11ri 9 e:t�,j -+il i t J�-�2AA a b'' 3 Action sought: 1' 11 'J 6" r r r Additional info ation: 1 ft(7/t,A 0 u� ( P i r 1 c. U n ' . c ilpt, n r Z4 i-OkA Ad Signature of appellant: Date: 3 2 11/04 w•t.+'(� .'fib � >. 1c 1 � t > t � 3•t� -p •CS_{t�. s J �t r•• r r r r.. � '9 :4 5�4 2A Page 1 of 1 Attorney Q - From: Julian K. Quattlebaum, III [Julian.quattlebaum @channellawgroup.com] Sent: Wednesday, May 02, 2007 2:42 PM To: 'Julian K. Quattlebaum, III'; Empeno_He Cc: Jon.Dohm @crowncastle.com; 'Joe Robinson'; 'John Beke'; 'Jamie T. Hall'; 'Robert Jystad' Subject: RE: Continuance of hearing -CUP No. 06-24 and Appeal 07-02 Sorry about my bout of calendar confusion. The message below should have indicated that the original hearing was scheduled for Monday, May 7, 2007 and that the new hearing date will be Monday, May 21, 2007. From: Julian K. Quattlebaum, III [mailto:julian.quattlebaum @channellawgroup.com] Sent: Wednesday, May 02, 2007 2:38 PM To: 'empeno_he @sbcity.org' Cc: 'Jon.Dohm @crowncastle.com'; 'Joe Robinson'; 'John Beke'; 'Jamie T. Hall'; 'Robert Jystad' Subject: Continuance of hearing - CUP No. 06-24 and Appeal 07-02 Mr. Empeno, This will confirm our conversation of this afternoon in which I indicated to you that neither Crown Castle nor MetroPCS/Royal Street Communications has any objection to your requested continuance of the hearing originally scheduled for this Friday, May 9, 2007, to the new hearing date of Friday, May 21, 2007, at 4:30 pm. We appreciate your willingness to research the matters raised in my partner, Robert Jystad's letter to the City Council. Julian K. Quattlebaum,III Channel Lau Group, LLP loo Oceangate Fourteenth Floor Long Beach, CA 9080- 310!350-0950 Fax: (310)546-x199 Cell: (310)48o-7-441 q 3, �-/7/07 �1107 c i1 i)nn-7