THE CITY OF SAN DIEGO Report to the Planning … CITY OF SAN DIEGO Report to the Planning Commission DATE ISSUED: January 19, 2017 REPORT NO. PC-17-011 HEARING DATE: January 26, 2017

THE CITY OF SAN DIEGO

Report to the Planning Commission

DATE ISSUED: January 19, 2017 REPORT NO. PC-17-011

HEARING DATE: January 26, 2017

SUBJECT: Fiber Build. Process Four Decision .

PROJECT NUMBER: 486137

APPLICANT: 3855 Ruffin Road, LLC, Applicant

SUMMARY:

Issue: Should the Planning Commission approve an encroachment within the public right-ofway located adjacent to and from 3855 and to 4033 Ruffin Road?

Staff Recommendation: Approve Site Development Permit No. 1733642.

Community Planning Group Recommendation: On July 20, 2016 the Kearny Mesa Planning Group voted 12:0:0 to recommend approval of the project.

Environmental Review: The project as proposed is exempt from CEQA in accordance with CEQA Guidelines Section 15303, New construction. This exemption allows for the installation of small new equipment and facilities, including but not limited to sewage, electrical, gas and other utility extensions. This project is not pending an appeal of the environmental determination. The environmental exemption determination for this project was made on October 28, 2016, and the opportunity to appeal that determination ended November 14, 2016.

Fiscal Impact Statement: All costs associated with the processing of this project are recovered through a deposit account maintained by the applicant.

Housing Impact Statement: None. The use of the public right-of-way for a fiber optic system, conduit and pull box vaults will have no impact upon the provision of affordable housing.

BACKGROUND

The Kearny Mesa Community Plan circulation element designates Ruffin Road as a four-lane major roadway (Attachment 1 ). The Kearny Mesa Community Plan land use map designates the properties

at 3855 and 4033 Ruffin Road for Industrial and Business Park uses (Attachment 2). The properties are zoned IL-2-1 zone and developed with industrial uses (Attachment 3).

DISCUSSION

Project Description

The Fiber Build project (Project) proposes an encroachment within the public right-of-way with approximately 1,250 linear feet of telecommunication fiber optic lines, conduit and two twenty-four inch by thirty-six inch pull box vaults for the exclusive use of the businesses at 3855 and 4033 Ruffin Road (Attachment 4). Installation would require approximately 1, 250 feet of trenching and resurfacing of the public right-of-way for the installation of the Project. Appropriate improvement and traffic control permits would be required prior to the initiation of any work. The communication system and improvements would be for the sole, private benefit of the business at 3855 and 4033 Ruffin Road.

Community Plan Analysis

The Kearny Mesa Community Plan does not specifically address the use of the public right-of-way for private purposes. The Site Development Permit regulations of the San Diego Municipal Code provides for a process of review to consider such private uses within the right-of-way. The uses of the properties at 3855 and 4033 Ruffin Road are consistent with the land use of Industrial Business Park designated for these sites in the community plan. While the Plan does not address the proposed use, it neither precludes nor recommends against such a use.

Conclusion

Staff has reviewed the proposed Project and all issues identified through the review process have been resolved in conformance with adopted City Council policies and regulations of the Land Development Code. Staff has provided draft findings to support approval of the Project (Attachment 5) and draft conditions of approval (Attachment 6). Staff recommends the Planning Commission approve the Project as proposed.

ALTERNATIVES

1. Approve Site Development Permit No. 1733642, with modifications.

2. Deny Site Development Permit No. 1733642, if the findings required to approve the project cannot be affirmed.

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Respectfully submitted,

Ely~e (}J. kre-Deputy Director Development Services Department

VACCHl/JSF

Attachments:

1. Community Plan Land Use Map 2. Project Location Map 3. Aerial Photograph 4. Project Plans

evelopment Project Manager Development Services Department

5. Draft Site Development Permit Resolution with Findings 6. Draft Site Development Permit No. 1733642 7. CEQA Exemption 8. Community Planning Group Recommendation 9. Ownership Disclosure Statement 1 0. Project Data Sheet

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SD.) CITY OF

SAN DIEGO

KEARNY MESA COMMUNITY PLAN

LAND USE

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SD Vicinity Map ).) CITY OF SAN DIEGO • DEVELOPMENT SERVICE DEPARTMENT

ATTACHMENT 2

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SD Aerial Map u CITY OF SAN DIEGO •DEVELOPMENT SERVICES DEPARTMENT .. ~~=-.:;.. .. ~.:~ ... /;< ........................ . .. .

CONSmUCTION PLAN SP253687 FIBER BUILD

SEE SCAN INC 1. THE CONTRACTOR SHALL SUBMIT A TRAITIC CONTROL PLAN (11"X17") FOR APPROVAL, PRIOR TO STARTING WORK. THE PLANS SHALL BE SUBMITTED TO THE

TRAFFIC CONTROL PERMIT COUNTER AT THE ADDRESS IN THE ABOVE HEADING, ON THE 3RD FLOOR, BOOTH 22. FOR QUESTIONS, CALL (619) 446-5150. THE CONTRACTOR SHALL OBTAIN A TRAFFIC CONTROL PERMIT A MINIMUM OF TWO (2) WORKING DAYS PRIOR TO STARTING WORK, AND A MINIMUM OF FIVE (5) DAYS IF WORK WILL EFFECT A BUS STOP OR AN EXISTING TRAFFIC SIGNAL, OR f\1LL REQUIRE A ROAD OR ALLEY CLOSURE.

2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CLEANUP OF All Sil T AND MUD ON ADJACENT STREET(S), DUE TO CONSTRUCTION VEHICLES OR ANY 3855 RUFFIN RD, SAN DIEGO CA, 92123 OTHER CONSTRUCTION ACTIVITY, AT THE END OF EACH WORK DAY, OR AFTER A STORM EVENT THAT CAUSES A BREECH IN INSTALLED CONSTRUCTION BMPS THAT COMPROMISES STORM WATER QUALITY WITHIN ANY STREET(S). A STABILIZED CONSTRUCTION EXIT MAY BE REQUIRED TO PREVENT CONSTRUCTION VEHICLES OR EQUIPMENT FROM TRACKING MUD OR SILT ON TO THE STREET.

3. THE STORAGE OF ALL CONSTRUCTION MATERIALS AND EQUIPMENT MUST BE PROTECTED AGAINST ANY POTENTIAL RELEASE OF POLLUTANTS THE ENVIRONMENT. 4. A CONCRETE WASHOUT SHALL BE PROVIDED ON ALL PROJECTS THAT PROPOSE THE CONSTRUCTION OF CONCRETE IMPROVEMENTS THAT ARE TO BE

POURED IN PLACE ON SITE. 5. BEFORE EXCAVATION, CALL UNDERGROUND SERVICE ALERT (BOO) 422-4133 6. PRIOR TO ANY DISTURBANCE TO THE SITE, EXCLUDING UTILITY MARK-OUTS AND SURVEYING, THE CONTRACTOR SHALL MAKE ARRANGEMENTS FOR A

PRE-CONSTRUCTION MEETING WITH THE CITY OF SAN DIEGO FIELD ENGINEERING DIVISION (858) 627-3200. 7. THE CONTRACTOR IS RESPONSIBLE FOR THE COST OF REPLACING ALL SURVEY MONUMENTS WHICH ARE DAMAGED OR DESTROYED BY CONSTRUCTION. PRIOR

TO CONSTRUCTION, SURVEY MONUMENTS THAT ARE LOCATED IN THE CONSTRUCTION WORK AREA SHALL BE TIED-OUT AND REFERENCED BY A LAND SURVEYOR. UPON COMPLETION OF CONSTRUCTION, ALL DESTROYED SURVEY MONUMENTS ARE REQUIRED TO BE REPLACED, AND A CORNER RECORD OR RECORD OF SURVEY SHALL BE PREPARED AND FILED WITH THE COUNTY SURVEYOR AS REQUIRED BY THE PROFESSIONAL LAND SURVEYORS ACT, SECTION 8771 OF THE BUSINESS AND PROFESSIONS CODE OF THE STA TE OF CALIFORNIA.

8. IF ANY VERTICAL CONTROL IS TO BE DISTURBED OR DESTROYED, THE CITY OF SAN DIEGO FIELD SURVEY SECTION MUST BE NOTIFIED, IN WRITING, AT LEAST 3 DAYS PRIOR TO THE CONSTRUCTION. THE CONTRACTOR WILL BE RESPONSIBLE FOR THE COST OF REPLACING ANY VERTICAL CONTROL BENCHMARKS DESTROYED BY THE CONSTRUCT/ON.

9. All APPROVALS GRANTED HEREON ARE BASED ON INFORMATION PROVIDED BY THE APPLICANT. APPROVAL OF THIS PERMIT DOES NOT AUTHORIZE VIOLATION OF ANY CODES OR REGULATIONS. THE CITY'S RESIDENT ENGINEER RESERVES THE RIGHT TO MODIFY THE WORK TO BE DONE, AS ACTUAL FIELD CONDITIONS MAY DICTA TE.

SPECW!CA TIONS/STANOARD DRAWINGS ALL WORK SHALL BE DONE IN ACCORDANCE 'MTH THIS PLAN, THE STANDARD SPECIF/CATIONS FOR PUBLIC WORKS CONSffiUCTION, AND THE CITY OF SAN DIEGO STANDARD DRAWINGS, AS LAST AMENDED.

3855 RUFFIN RD LEGAL DESCRIPTION

EXHIBIT "A' Legal Description All that certain nal property situated tn the County of San Diego, State of California, described as felfows: Parcel A; Parcel 1, in the City of San Dfego, County of San Diego, State of California, as shown on Parcel Map recorded August 19, 1977 in Book of Parcel Maps, Page 6287, fn the Office of the County Reconcfer of San Diego County. Parcel Bs An easement for Ingress and egress ftM- road purposes over, alonq and across Biat portion of Lot 3 of the City of San Diego Industrial Park Unit No, 5, In the City of San Diego, County of San Diego, State of California, accortBng to Map thereof No. 6031, filed in the Office of the County ReconJer of San Diego County, January 23, 1968, described as follows: Begnnning at the most Westerty comer of Pareef 1 herelnabove described, being a point on the arc of a 4,042.00 foot radius curve In the Southwesterty line of said Lot 3, the centsr of said curve bears South 62" 05r 10" West from said point; Thence atong said Southwesterly line, Northwesterly along the arc of said curve through a control angle of 01' 25' 03'' a dtstahce of 100.00 het; Thence leaving said Southwesterty lbie South 64' 06' 42' East, 118.64 feet to the Norttwesterly ffiie of said Pared 1 above; Thence along satd Northwesterfy line South 58' 33* 10* West, S8.96 feet to the point of beginning.

LEGEND DESCRIPTION STANDARD ORA WING

UNDERGROUND CONDUIT AND/OR DIRECTIONAL DRILLING

SERVICE POLE

UTILITY VAULT

HANDHOLE

SIDEWALK FLAG

GAS

SEWER

WATER

STORM DRAIN

CENTERLINE

ROW

CURB & GUTTER

SIGN POLE FOR BUS STOP

FIRE HYDRANT

PUMP STATION

POT-HOLE

(PRIVATE)

NO. OF CONDU/Tt9,.__S/ZE CONDUIT REQUIRED

APPROX. LENGTH OF -- CONDUIT FOOTAGES

[XJ --G--

--SEW--

--w----SD--

---~---

C&G

PH

VICINITY MAP

STREET EXCAVATION TABLE

STREET UTILITY STREET INFLUENCE TRENCH TRENCH CLASS/FICA TION TYPE LATERAL

SERVICE AREA

OR WIDTH WIDTH LENGTH STREET NAME (ARTERIAL, MAJOR, (WET AGE (FT) PER COLLECTOR, OR MAIN

(YRS) SDMC (FT) (FT)

RESIDENllAL) DRY) 62.1208

RUFFIN RO MAJOR DRY MAIN 17 3.58 6" 125D'

-

EXCAVATION MORATORIUM (CHECK ONE): £81 LOCATION OF EXCAVA nON IS NOT ON A MORA TOR/UM smEET

D ------- FRO'"'------ TO IS A MORA TOR/UM STREET

AS DEFINED IN UUNICIPAL CODE SECTION 62.1203 FOR: D OVERLAY D SLURRY MORA TOR/UM EXPIRES ON . MORATORIUM IS WAIVED.

DATE

RESURFACING RfQUIREMENTS (CHECK ONE):

D THE EXCAVATION IS IN THE DIRECllON OF TRAFFIC. THE EXCAVATOR SHAU. RESURFACE THE ENTIRE EXCAVAllON AREA PLUS THE EXCAVATION INFLUENCE AREA ON EACH END OF THE EXCAVATION AREA, AND THE ENTIRE WIDTH OF THE smEET FROM CURB TO CURB OR WHERE A RAISED MEDIAN IS PRESENT THE EXCAVATOR SHALL RESURFACE FROM CURB LINE TO RAISED MEDIAN

D THE EXCAVATION IS PERPENDICULAR TO THE DIRECTION OF TRAFFIC. THE HCAVATOR SHALL RESURFACE THE ENTIRE LENGTH OF THE EXCAVATION PLUS THE EXCAVATION INFLUENCE AREA EXTENDING ON EACH END OF THE EXCAVATION, WHICHEVER IS LESS. THE RESURFACE SHALL ALSO INCLUDE THE EXCAVATION AREA PLUS THE EXCAVATION INFLUENCE AREA ON EACH SIDE OF THE EXCAVATION AREA.

D A RAISED MEDIAN IS PRESENT AND THE EXCAVATION IS PERPENDICULAR TO THE DIRECTION OF mAFFIC. THE EXCAVATOR SHALL RESURFACE EITHER FORM THE RAISED MEDIAN TO THE CURB OR FOR THE LENGTH OF THE EXCAVATION PLUS THE EXCAVA noN INFLUENCE AREA EXTENDING ON EACH END OF THE EXCAVATION ' WHICHEVER IS LESS. THE RESURFACE SHALL ALSO INCLUDE THE EXCAVATION AREA PLUS THE EXCAVATION INFLUENCE AREA ON EACH SIDE OF THE EXCAVA nDN AREA.

PREPARED FOR: SEE SCAN INC OWNER: MARKS. OLSSON ADDRESS: 3855 RUFFIN RD, SAN DIEGO, CA 92123 PHONE: ( 858) 244-3451 FAX: ( 858) 836-3400

PROPOSED WORK LOCA T/ON -3855 TO 4033 RUFFIN RD

SHEET INDEX: 1 COVER SHEET 2 CONSTRUCTION PLAN/DETAILS 3 CONSTRUCTION PLAN/DETAILS

NT.S

NOTE:

BASE ZONE: IL-2-1 ADDRESS: 3855 RUFFIN RD, SAN DIEGO, CA 92123 ADDRESS: 4033 RUFFIN RD, SAN DIEGO, CA 92123

ZONING OVERLAY DESIGNATION: MCAS MIRAMAR IL-2-1 MONTGOMERY FIELD IL-2-1

3855 RUFFIN RD GROSS SITE AREA : 5.07 AC

4033 RUFFIN RD GROSS SITE AREA : 3.19 AC

BUILDING ADDRESS: PROV/0[ BU/UONG ADDRESS NUMBERS, VIS/BL[ FROMT rn STRffT OR ROAD FRON77NG TH[ PROPERTY Pm FHPS POLICY P-D0-6 (UFC 901.4.4)

SCOPE OF WORK

TH[ PROPOSED WORK CONSISTS OF A TELECOMMUN/CA 770NS SERVICE /NSTALLA 770N AS FOLLOWS. INTERCEPT EXIS77NG CONDUIT TO PLACE NEW SERVICE AS SHOWN ON PLAN: ASPHALT mENCH APPROX 1250'' DIRT mENCH APPROX 34'. INSTALL ONE 24"XJ6"

PULLBOX-VAULT. R&R 5'X5' SIDEWALK PANEL. THIS WORK IS REQUIRED TO PROVIDE NEW TELECOMMUNICA T/ON SERVICE

FOOTAGE TOTALS

ASPHALT mENCH 1250'

PUNCH THRU 4' ffiENCH IN DIRT 34'

TOTAL 1300'

R&R SWK TOTAL 25 SQ. FT.

ATTACHMENT 4

DRAWN BY: JANNET BARRON

CHECKED BY: JANNET BARRON

APPROVED BY: SAL PADULA

LOOP:

SEGMENT:

3831 E. LASALLE ST. PHOENIX, ARIZONA 85040

TEL:(858)658-0830

FAX:( 858)658-0625

SITE ADDRESS: SEE SCAN INC J855 RUFRN RD IN SAN Dlf:GO CA-92123

TITLE: SP253687 FlBER BUILD ~ -------111 SHEET: ~ CONTRACT NO: 2516D1117

COVER SHEET

PROJECT NO: 486137 1 SCALE: N.T.S

PLOT DATE: SHEET: 1 OF: 3

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4033 RUFFIN RD APN,3691702600

INSTALL 24" X 36" VAULT R&R 5'X5' 2' PUNCH IN SIDEWALK TRENCH SIDEWALK PANEL -INTERCEPT EXIST TELECOMMUN/CA TION CONDUIT

2-2"

NOTE:

PRIOR TO THE ISSUANCE OF ANY CONSTRUCTION PERMIT. mE OWNER/PERii/TEE SHALL SUBMIT A WA 1ER POLLUTION cONmOL PLAN {WPCP). THE V!PCP Sl-IALL BE PREPARED IN ACCORDANCE WITH THE GU/DEUNES IN PARTY 2 CONSTRUCTION BMP STANDARDS PER CITY'S STORM WA 1fR REGULA 110NS.

PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. THE SUBDIVIDER SHALL OBTAIN A l£TTtR OF PERMISSIO!J FROM THE ADJACENT PROPERTY OWNER(S), FOO THE PROPOSED TRfNGH/NG ACROSS OTHER FRON71NG PROPERTIES. TO THE SAnSFACTION OF THE Cl1Y ENGINEER.

/

~BUS STOP DESIGNA Tl~N \ ~+-0 '\:~ \~

ASPHALT ikENCH _,// SDG-117 \\.//

NOTE:

CONSTRUCTION NOTES

1. SIDEWALK REPAIR SHALL BE CONSTRUCTED PER CITY OF SAN DIEGO STANDARDS·SDG-100 SDG-109, SDG-155,SDG-156, AND SHAU MATCH EXISTING SIDEWALK PATTERN.

2. 1HE CONTRACTOR SHAil RESTORE THE ROADWAY BACK TO ITS ORIGINAL CONDITION SA11SFACTORY TO THE CITY ENGINEER INCLUDING, BUT NOT LIMITED TO PA!(ING,STRIPING, BIKE LANES, PAVEMENT LEGENDS SIGNS AND TRAmC LOOP DCTECTORS. '

J. PROPOSED TRENCH 'MD7H IS 5• INCH.

+. NO VOID Sl-IALL BE ALLOl\£0 AROUND CONDUITS FOR ANY BORING OR DIRECTIONAL DR/LUNG.

5. TREHCHING 11-/ROUGll PUBLIC /MPROVEJ,4ENTS SUCH AS SIDEWALKS, CURBS AND GUTTER, AND DRl\'fWA YS MUST BE REMOVED AND REPLACED FROM JOINT TO JOINT.

NOTE: TH£ CONTRACTOR SHALL BE RESPONSIBLE TO P011-10l£ ~/FY &: LOCATE HORIZONTALLY AND \IDWCALLY ALL' EXIS71NG UNDERGROUND U1/UTIES PRIOR TO COMMENCJNG ANY

~f:s~&g:ax;,AVA 710N AND/OR DIREC710NAL DRILL

25 0

~-

PROPOSED !RENCH lOCA noN DETAIL

NTS

25 50

1"= 50'

BU/LO/NG ADDRESS: PROV/Of BU/L/DNG ADDRESS NUMBERS VISIBLE FROMT EH STREET OR ROAD FRON71NG THE PROPERTY PER FHPS POLICY P-00-6 (UFC 901.4.4)

ATTACHMENT DESCRIPTION





TEL:(858)658-0830

FAX:(858)658-0625

LOOP:

SEGMENT:

SITE ADDRESS: SEE SCAN INC J855 RUFRN RD IN SAN DIEGO CA-9212J

.-----~~~~~~__!~

.--:-:--:-.--C-T-·.-~-,·-'~-,-:-.:-:-:.·-.-B-UIL--D-,---------------ll

SITE PLAN

PROJECT NO: 486137 2 SCALE: 1"=5D'

PLOT DATE: 2 OF: 3

\ > /

BUS STOP DESIGNATION

~ \I]

NOTE: PRIOR TO THE ISSUANCE OF ANY CONSTRUCT/OM PERMIT, 7HE OYtNER/PERMtrff SHALL ENTER INTO A MAfNTENCE AGREEMENT FOR THE ONGOING PERMANENT BMP MAINIDIANCE, SATISFACTORY TO THE CITY ENGINEER.

PRIOR TO THE ISSUANCE OF ANY CONSTRUCT/<».' PERMIT, THE OWNER/PERM/TEE SHALL INCOPORATf ANY CONSTRUCT/ON BEST MANAGEMENT PRACTICES NECESSARY TO COMPLY' ~TH THE CHAPTER 14, ARTICLE 2, Dl\llSON 1 (GRADING REGULATIONS) OF THE SAN DIEGO MUNICIPAL COD[, INTO THE CONSTRUCTION PLANS OR SPEC/RCA T/ONS. _ ...... ....---

__. .. ,.......--.--PRIOR TO THE ISSUANCE OF ANY CONSTRUCTl.,~Ef&iT. 7HE OMIER/PERM!Tff SHALL SUBMIT A W~J&R-POi.1.UTION CCWTROL

~~N !:c:dioE~~ErftiJ!/ti';Bft:s~tRf#: a~CfORDANCE ST~~~g§...PEK"C/TY's STORM WATER REGULATIONS.

PRIOR TO THE ISSUANCE OF ANY BUILDING PERU/TS, THE SUBDIVIDER SHALL OBTAIN A l£TTER OF PERMISSION FROM THE ADJACENT PROPERTY O'M<rR(S), TOR TH[ PROPOSl'D TRENCHING ACROSS OTHER FRONTING PROPERTIES, TO THE SATISFACTION OF n-1£ CITY ENGINEER.

Wlf CAST INTO NEW 24"XJ6" VAULT

25 0

~---

CONSTRUCTION NOTES

I. SIDEWALK REPAJR SHALL BE CONSTRUCTED PER CITY OF SAN DIEGO STANDARDS;SDG-100, SDG-109, SDG-155,SDG-156, AND SHALL MATCH EXISTING SIDEWALK PATTERN.

2. THE CONTRACTOR SHALL RESTORE THE ROADWAY BACK TO ITS ORIGINAL CONDtnON SATISFACTORY TO THE CITY ENG!NffR INCLUDING, BUT NOT UMITED TO PAVING,STRIP/NG, BIKE LANES, PAVEMENT LEGENDS, SIGNS AND 1RAffiC LOOP DETECTORS.

J. PROPOSED TRENCH \W"01H IS 5• INCH.

4. NO VOID SHALL BE ALLOro> AROUND CONDUITS FOR ANY BORING OR DIRECTIONAL DRIWNG.

5. TRENCHING THROUGH PUBLIC IMPROVEMENTS SUCH AS SIDEWALKS, CURBS AND GUTTER, AND DRIVEWAYS MUST 8£ REMOVED AND REPLACED FROM JOINT TO JOINT.

NOTE: THE CONTRACTOR SHALL BE RESPONSJBLE TO POTHOlE, \lfRIFY & LOCATE HORIZONTALLY AND VERT/CALLY ALL EX/Sf/NG UNDERGROUND UTILITIES PRIOR TO COMMENCING ANY PROPOSED EXCAVATION AND/OR DIRECTIONAL DRILL CONSTRUCTION.

25 50

1"~ 50'

EXIST CURB&: GUTTER(FOC}

PROPOSED TRENCH LOCA T/ON DETAIL

NTS

NOTE: BUILDING ADDRESS: PROVIDE BUI UONG ADDRESS NUMBERS, VISIBLE FROMT EH STREET OR ROAD FRONnNG THE PROPERTY PER FHPS POLICY P-00-6 (UFC 901.4.4)

REV

·-----·--~--+---~ t---+--+-------+---t--+--1;!

I





TEL:(858)658-0830

FAX:(858)658-0625

LOOP:

SEGMENT:

SITE ADDRESS: SEE SCAN INC J855 RUmN RD IN SAN DIEGO CA-9212J

TITLE: SP253687 TIBER BUILD

CONTRACT NO: 251601117 SHEET:

SITE PLAN

PROJECT NO: 486137

SCALE: 1"=50'

3 PLOT DATE:

SHEET: 3 OT: 3

PLANNING COMMISSION RESOLUTION NO. __ _ SITE DEVELOPMENT PERMIT NO. 1733642

FIBER BUILD PROJECT NO. 486137

Attachment 5

WHEREAS, OLSSON-TAPP FAMILY TRUST UTA, Mark Olsson and Kami Olsson, Trustees, Owner/Permittee, filed an application with the City of San Diego for a permit to encroach within the public right-of-way with approximately 1,250 linear feet of telecommunication fiber optic, conduit and two twenty-four inch by thirty-six inch pull box vaults for the exclusive use of the private properties at 3855 and 4033 Ruffin Road (as described in and byJ~(,erence to the approved Exhibits "A" and corresponding conditions of approval for the associate~;~~f:\rnit No. 1733642), within portions of the public right-of-way of Ruffin Road;

WHEREAS, the project site is located within Ruffin Roacj b~~~:~~~«s~.and 4033 Ruffin Road in the IL-2-1 zone of the Kearny Mesa Community Plan a~e~;>

> __ .- •.-\_ .. -

WHEREAS, the project site is legally described a~~~plic right-of-way with;~'~ff'in Road and Parcel 1 as shown on Parcel Map recorded August 19, 1977';iQ;Book of P~(cel Maps at:f!:~g~ 6287, and Parcel 1 of Parcel Map 4434, in the City of Sa~Diego, CountyQt?.anfZitlg-0, State of Calif<)~ip, filed February 4, 1976 as Instrument No. 76-034044'.mfQ{ficial Records, l!iiln:Ene office of the County Recorder of San Diego County;

>- - ·;: __ .-,'.'. --- - <''.

WHEREAS, on January 26, 2017, the Planntngfom~f~st,r,1of th·:ei~ip[ San Diego considered Site Development Permit No. J733~2 pursuant:t~Jhe Land .. fj~y~jopmenlJ'f:ode of the City of San Diego;

WHEREAS, on Octob~;,~~~1 ~.;~~ip1y of Sa)'~~~as ~~:d~cy. through the Development Services Department, ma<l('e~d iss4:fi~ an Environn;t~ntal Determination that the project is exempt from the Califqmi.a Environm~~tal · .·. ~ct (CEQf\)~Public Resources Code Section 21000 et seq.) under CEQ~~~~~~Jffir!i)>:ction1·•····.·. an't:{t{\~f:~VlfaS rt~>appeal of the Environmental Determination filed wi~kt~the time [email protected]~(i.Jby San Dfeg~Mµrikipal Code Section 112.0520;

NOW, T~~~~1tiORE, BE IT~~tcii~V,ED ~)ib$planning Commission of the City of San Diego as follows:

That the Pla~~i~j~9[llmission ~~qpts the·;~ilowing written Findings, dated January 26, 2017.

FINDINGS:

Site Development Permit~t',g.0504

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

The Fiber Build project (Project) proposes an encroachment within the public right-of-way with approximately 1,250 linear feet of telecommunication fiber optic, conduit and two twenty-four inch by thirty-six inch pull box vaults for the exclusive use of the private properties at 3855 and 4033 Ruffin Road. The installation of the Project will require approximately 1,250 feet of trenching and resurfacing of the public right-of-way.

Page 1of3

Attachment 5

The Kearny Mesa Community Plan does not specifically address the use of the public right-of-way for private purposes. The Site Development Permit regulations of the San Diego Municipal Code provides a process of review to consider such private uses within the right-of-way. While the Kearny Mesa Community Plan does not specifically address the proposed use, it neither precludes nor recommends against such a use. The uses of the properties at 3855 and 4033 Ruffin Road are consistent with the land use of Industrial Business Park designated for these sites in the community plan. As such, the proposed development will not adversely affect the Kearny Mesa Community Plan.

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

'~. ,p,,'.::»:~'->/-

Th e Fiber Build project (Project) proposes an encroachm~ti~~tl\l,t~e public right-of-way with approximately 1,250 linear feet of telecommunicatio7:(ib~t'Optic,t~~~uit and two twenty-four inch by thirty-six inch pull box vaults for the exclusive ~~~;~fthe private p~~nies at 3855 and 4033 Ruffin Road. The installation of the Project will r~~~it~approximately 1, a~p/eet of trenching and resurfacing of the public right-of-way. Appropria~~:fpiprovement and traffi(!Z¢~ptrol permits will be required prior to the initiation of any work. The cof'ri~~nication~~stem and rnipt9vements will be for the sole, private benefit of the businesses at 385S;ca~~ 40~$/ij:f.lffin Road. .· .

The Project will not be detrimental to,~~':flf!~Jth, saf:Jw~;elfare because the permit controlling the development and continu~~ usli 1~!·~: proposefii~foject for this site contains specific conditions addressing the ~rpject compliari~~. withctije,~~~y's cod~1 ~.gHcies, regulations and other regional, state, and feder~~;,~e~9~t.ions to pf+e~~nt detrJ~~l;l.~J.impa~;to the health, safety and general welfare of pe.~~~~r'esidfJJ~;and/or wo~r~I~;i~e ~ret:~nditions of approval require compliance with sevJrral~?perational.~~nstraints~~~~ifevelopmefltcontrols, the review of all construction plans by pr<i>t~:;;ional ~ff to deterrr\t~~construction will comply with all regulations and the inspestipn.ofconst'ft.i~pn,t<ll~$~~r~ ~onstrti~ipn permits are implemented in accordance with the a,~~r~v~~~t~g~and tn~~~al con5trt,t~9 .. n witl.~;pmply with all regulations, will assure the contim~~'.{lealth, safetYjipd gene~at.yvelfare of~~f~qns residing or working in the area. Therefore, the Prdje~will not be detri~~ntal tof:i~ public health, safety, and welfare.

3. The pr~~~i!:developme!~~ll c~~~'Wlth the regulations of the Land Development Code including any aftgWable deviafifns pursuant to the Land Development Code .

.. if.~... ;~i: The Fiber Build project~~)?ject).~qposes an encroachment within the public right-of-way with approximately 1,250 linea~f,.~~:~rtelecommunication fiber optic, conduit and two twenty-four inch by thirty-six inch pull box va~~;for the exclusive use of the private properties at 3855 and 4033 Ruffin Road. The installation of the Project will require approximately 1, 250 feet of trenching and resurfacing of the public right-of-way. Appropriate improvement and traffic control permits will be required prior to the initiation of any work. The communication system and improvements will be for the sole, private benefit of the businesses at 3855 and 4033 Ruffin Road. The Project will require the Owner/Permittee to obtain encroachment maintenance and removal agreements for the private encroachments in accordance with the regulations to the satisfaction of the City Engineer. No deviations or variance is required to approve the proposed Project. The proposed project will comply with all local, state and federal regulations. Therefore, the proposed development will comply with the applicable regulations of the Land Development Code.

Page 2 of 3

Attachment 5

BE IT FURTHER RESOLVED that, based on the findings hereinbefore adopted by the Planning Commission, Site Development Permit No. 1733642 is hereby GRANTED by the Planning Commission to the referenced Owner/Permittee, in the form, exhibits, terms and conditions as set forth in Permit No. 1733642, a copy of which is attached hereto and made a part hereof.

John S. Fisher Development Project Manager Development Services

Adopted on: January 26, 2017

10#: 24006660

Page 3 of 3

RECORDING REQUESTED BY CITY OF SAN DIEGO

DEVELOPMENT SERVICES PERMIT INTAKE, MAIL STATION

501

WHEN RECORDED MAil TO PROJECT MANAGEMENT

PERMIT CLERK MAil STATION 501

Attachment 6

INTERNAL ORDER NUMBER: 24006660 SPACE ABovdf:fns LINE FOR RECORDER'S USE

SITE DEVELOPMENT PERMJ.TIN~.\733642 FIBER BUILD PROJE,~t,i\iO. 4861l7

PLANNING CQMMlSSION :.:,-/·'>:

This Site Development Permit No. 1733642 is graht~ by the Planning CommJ~jon of the City of San Diego to OLSSON-TAPP FAMILY TRUST UTA, Mark Oi'$:S9:~.and Kami Olsson, Trus:te~~· Owner/Permittee, pursuant to San Di~ 9Municipal Code.~?PNJ¢1 section 126.0504~{fhe site is located within Ruffin Road between · .. J~~g 4033 RuffinR;q~.d in the IL-2-1 zone of the Kearny iviesa Community Pian area. The project;~jteis;l~gaiiy descrihe~·fs Parcei 1 as shown on Parcel Map recorded August 19, 1977, in Book of Pa?t:ejMap{~tf;>.age 6287, in the office of the County Recorder of San Diego County.

Subject to th\}~:;~~J'~itions :J~~~~i; ~·~permission is granted to Owner/Permittee for an,~9croachnl~~~ within the~~t'.>lic right-of-way with approximately 1,250 linear feet of telecommuhif~tjon fib~~'BP:ic, conduit~nd two twenty-four inch by thirty-six inch pull box vaults f9;r~~~~><flusive tl$~9f~~~,tifi:;~a~e •. ~ropert:l~? at 3855 and 4033 Ruffin Road described and identi~~dbystz~14f(nensioq,jq~antity,fyt>~1~~d lo~ation on the approved exhibits [Exhibit "A"] dated J~.rwJary 26, 2017;.~tJ;~ile in fhe.9~velopmentServices Department.

The projecf~n~ll include:

a. An e~~f~ment withf~tre publicright-of-way of approximately 1,250 linear feet with telecomniti~t,~;ion fib~~ptic, conduit and two twenty-four inch by thirty-six inch pull box vaults for the~ek~lusi\leqje of the private properties at 3855 and 4033 Ruffin Road;

b. Public and privat~.·~~~~ssory 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 California Environmental Quality Act [CEQA] and the CEQA Guidelines, the City Engineer's requirements, zoning regulations, conditions of this Permit, and any other applicable regulations of the SDMC.

Page 1 of 5

Attachment 6

STANDARD REQUIREMENTS:

1. This permit must be utilized within thirty-six (36) months after the date on which all rights of appeal have expired. If this permit is not utilized in accordance with Chapter 12, Article 6, Division 1 of the SDMC within the 36 month period, this permit shall be void unless an Extension of Time has been granted. Any such Extension of Time must meet all SDMC requirements and applicable guidelines in effect at the time the extension is considered by the appropriate decision maker. This permit must be utilized by February 10, 2020.

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

a.

~ '. -- ·'' .-.. ""- -:-· : - : - ,, __

The Owner/Permittee signs and returns t~~. ~~~~it totne Qevelopment Services Department; and

b. The Permit is recorded in the Office San Diego County Rec•l"(;ter. -- ; ~

3. While this Permit is in effect, th~.su~ject property~9~utJ¢ased only for th~~urposes and under the terms and conditions set f&Q:J'll~.tJiis Permit untes~otherwise authorized by the appropriate City decision maker.

4. This Permit is a cov~~.~rtrunning withttie suJJJ~tt;~roperty ~nd ~II of the requirements and conditions of this Perniit(l/'l~t"~fs~~d documE!:f'l~ shalt.ij~~i~iqg upon the Owner/Permittee and any successor(s) in in~er~st. · ·· ·

5. The continued ~se~af;t'his Per~i~shall be subfec:t to the regulations of this and any other applicable gpM~rnmental ag~l't¢y, :<C ·

··:'<-- '.':~.: •,' ~- - ,»:' -, - ·.::_:;- --,--,,--_- - _:':

6. I~~~~~~: of t~is~~rP,it by1

~~~~~i~y of San Di~g~ ~oes not authorize the Owner/Permittee for this Perrnf~~ violate any F~~f.al, Stat'a.~rGty laws, ordinances, regulations or policies including, but not limited·t~;;he Endangered'.~J.>ecies A~tef 1973 [ESA] and any amendments thereto (16 U.S.C. §

1531 et seq.).

7. The Owne;/~~ee shall,~ure all necessary construction permits. The Owner/Permittee is informed that to secur~J~~se ~~!'f1its, substantial modifications and site improvements may be required to comply with a ~ building, fire, mechanical, and plumbing codes, and State and Federal disability access law&/

8. Construction plans shall be in substantial conformity to Exhibit "A." Changes, modifications, or alterations to the construction plans are prohibited unless appropriate application(s) or amendment(s) to this Permit have been granted.

9. All of the conditions contained in this Permit have been considered and were determined necessary to make the findings required for approval of this Permit. The Permit holder is required

Page 2 of 5

Attachment 6

to comply with each and every condition in order to maintain the entitlements that are granted by this Permit.

If any condition of this Permit, on a legal challenge by the Owner/Permittee of this Permit, is found or held by a court of competent jurisdiction to be invalid, unenforceable, or unreasonable, this Permit shall be void. However, in such an event, the Owner/Permittee 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 determination by that body as to whether all of the findings necessary for the issuance of the proposed permit can still be made in the absence of the "invalid" condition(s). Such hearing shall be a;~~Wing de novo, and the discretionary body shall have the absolute right to approve, disa~prove, or modify the proposed permit and the condition(s) contained therein. .. ·.· ·

10. The Owner/Permittee shall defend, indemnify, ~~~ Hrild harriit~~~5: the City, its agents, officers, and employees from any and all claims, actions, pr~~~edings, damag~~Sj~~gments, or costs, including attorney's fees, against the City or its ~~~~ts, officers, or employ~~F?, relating to the issuance of this permit including, but not limitecft~i;~ny action to attack, set~i9e, void, challenge, or annul this development approval and any environ~~Emtal d?C:!Jtpent or deci'st~}l· The City will promptly notify Owner/Permittee of aH)( claim, action, <1.l(i'l~~~~~~lng and, if the City·should fail to cooperate fully in the defense, the oi!:ner~J?~rmittee shalfra()t[ffiereafter be responsible to defend, indemnify, and hold harmless the City ol~ts~l.g!fl~S, officers, af>;ld;:mployees. The City may elect to conduct its own defense, participate in its!~~n tf'e\~~i~, or obta1.ft!J1dependent legal counsel in defense of any claim relate9J;() this indemrtif!fation .. :tq~e :vent cW'.\>M5,h election, Owner/Permittee shall pay all of the costs.~~iiaq~~~reto, inclu~/pg witlJfit(tlltt'it~tion~easonable attorney's fees and costs. In the event off~~isagreem~pt .• betweent1'~ ~~·~tid dwn~tpermittee regarding litigation issues, the City shall ha~et~.e auth~~~ to controfi;~e litigation a;d make litigation related decisions, including, but not limitedt~f~ettle~~~~·~r other df~P9.sition of the matter. However, the Owner/PerrQlt1;~~§h~ll not Her~qtitre~'..tt9cpay or perform any settlement unless such settlement is approveq p~tilwn~ri!J~rmittee) · · · · · ·· ·

ENGl~W*t~G REQUI~~~--§: .·· ,,_ '\;;c;k, '\'::~·~::::' :c ', '·''\.~> '

11. The proj~~~roposes to J~~rt no m·~terial from the project site. Any excavated material that is exported shall~1f;Xported to aj~gal disposal site in accordance with the Standard Specifications for Public Works Con.$,~Ction (th;~.;~reen Book"), 2015 edition and Regional Supplement Amendments adoptecfbf0~~gic:i#~J,iStandards Committee.

12. Prior to the issuance:g~·j~;construction permits, the Owner/Permittee shall obtain an Encroachment Maintenance Removal Agreement, from the City Engineer, for the portion of proposed telecommunication service connection located along Ruffin Road within public right-ofway where the Permittee is not the owner of the property fronting the encroachment.

13. Prior to the issuance of any construction permits, the Owner/Permittee shall obtain an Encroachment Maintenance Removal Agreement, from the City Engineer, for the portion of proposed telecommunication service connection located below the sidewalk, curb and gutter within public right-of-way where the Permittee is the owner of the property fronting the encroachment.

Page 3 of 5

Attachment 6

14. Prior to the issuance of any construction permits, the Owner/Permittee shall obtain an Encroachment Maintenance Removal Agreement, from the City Engineer, for each of the two proposed at-grade telecommunication service access vaults located behind the sidewalk within the public right-of-way where the Permittee is the owner of the property fronting the encroachment.

15. Prior to the issuance of any construction permits, the Owner/Permittee shall assure, by permit and bond, to reconstruct any damaged portions of curb, gutter and sidewalk with current City Standards, maintaining the existing sidewalk scoring pattern and preserving the contractor's stamp, adjacent to the project site on Ruffin Road, satisfactory to the City Engineer.

16. Prior to the issuance of any construction permit, the Owner/Permittee shall incorporate any •

construction Best Management Practices necessary to comply with Chapter 14, Article 2, Division 1 "' (Grading Regulations) of the SDMC, into the construction plans or specifications.

17. Prior to the issuance of any construction permit the Owner/Permittee shall submit a Water Pollution Control Plan. The Water Pollution Control Plan shall be prepared iri accordance with the guidelines in Part 2 Construction Best Management Practices Standards, Chapter 4 of the City's Storm Water Standards. '

INFORMATION ONLY:

• Any party on whom fees, dedications, reservations, or other exactions have been imposed as conditions of a~proval of this P,ermit, may- protest the imposition within ninety days of the approval of this development permit by filing a written protest with the City Clerk pursuant to

~

California Government Code-se~tion 66020.

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

APPROVED by the Planning Commission of the City of San Diego on January 26, 2017 by Resolution No. PC- [AQProved Resolution Number].

Page 4 of 5

Attachment 6

Permit Type/PTS Approval No.: Site Development Permit No. 1733642 Date of Approval: January 26, 2017

AUTHENTICATED BY THE CITY OF SAN DIEGO DEVELOPMENT SERVICES DEPARTMENT

John S. Fisher Development Project Manager

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

The undersigned Owner/Permittee,Ry execution her~(;)t!tf:e5 to each and eveti)'condition of this Permit and promises to perform ~ch;~nd every oblig$~~rt of Owner/Permittee hereunder.

NOTE: N~ti~.>~cknowledgt1l~ts must be attact.,~~per Civil Cot;I~ section 1189 et Sflqr

' ()J.;SSON-TA~P:FAMILYTRUST UTA

~wil~f\>.

Mark Olsson, Trustee

Page5of5

NOTICE OF EXEMPTION ATTACHMENT 7

TO: _X_ Recorder/County Clerk P.O. Box 1750, MS A-33 1600 Pacific Hwy, Room 260 San Diego, CA 92101-2400

Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814

Project No.: 486137

FROM: City of San Diego Development Services Department 1222 First Avenue, MS 501 San Diego, CA 92101

Project Title: Fiber Build SOP

Project Location-Specific: 3855 TO 4033 RUFFIN ROAD; SAN DIEGO, CA 92123

Project Location-City/County: San Diego/San Diego

Description of nature and purpose of the Project: The project proposes a Site Development Permit (SOP) for an encroachment within the public right of way for 1 ,250 linear feet of telecommunications conduit and two (2) 24" x 36" pull box vaults for the exclusive use of 3855 Ruffin Rd and 4033 Ruffin Rd. The site is in the IL-2-1 zone within the Kearny Mesa Community Plan Area.

Name of Public Agency Approving Project: City of San Diego

Name of Person or Agency Carrying Out Project: Jannet Barron, Team Fiche!, 5878 Autoport Mall, San Diego, CA 92121; 858-658-0830.

Exempt Status: (CHECK ONE) ( ) Ministerial (Sec. 21080(b)(1 ); 15268); ( ) Declared Emergency (Sec. 21080(b)(3); 15269(a)); ( ) Emergency Project (Sec. 21080(b)( 4); 15269 (b)(c)) ( ./) Categorical Exemption: Section 15303, Class 3, New Construction of Small Structures

Reasons why project is exempt This Class 3 exemption allows for the installation of small new equipment and facilities, including but not limited to, sewage, electrical, gas and other utility extensions. None of the exceptions listed in CEQA Guidelines Section 15003.2 apply, therefore these exemptions are applicable to the proposed project.

Lead Agency Contact Person: M. Blake Telephone: (619) 446-5375

If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? ( ) Yes ( ) No

It is hereby certified that the City of San Diego has determined the above activity to be exempt from CEQA

f111111-!f /h11;- fldt;;nr- t/frJwif z zcrJ-signature/Title ? Date

Check One: (X) Signed By Lead Agency ( ) Signed by Applicant

Date Received for Filing with County Clerk or OPR:

Minutes of the Monthly Meeting of the Kearny Mesa Planning Group

July 20, 2016 Serra Mesa/Kearny Mesa Library

9005 Aero Drive, San Diego, CA 92123

ATTACHMENT 8

Planning Group Members in Attendance: Paul Yung, Kate Phin, John Turpit, Buzz Gibbs, Ray Richmond, Jim Mccollum, Mark Olsson, Richard Vernon, Mark Stevens, Todd Matcher, Jacob Hensel, Brian Gates

Community Members in Attendance: Mike Huntoon, Joy Hagin, Jack Shu, Melissa from Jack in the box, Ray Richmond, Randy from Voit, Elizabeth Dickson, Jeff Diltz, Eric Hicks, Ping Wong, ·Andrea Rosati, Tom Story, Wesley Quach, Haan Troong, Allen Chan, Rosa Kwon

The Meeting was brought to order at 12:05 PM by Jeff Sallen, chair of the Kearny Mesa Planning

Group. Copies of the Minutes of the April 20th meeting were distributed and discussed. After

the members reviewed the minutes, Jeff asked for any changes or corrections. There were

none and the minutes were approved 12-0-0.

Public comments:

Sierra Mesa will be having a Farmers Market on Wednesday from 3-7.

Agenda Items:

Elections of the KMPG Officers:

• Chair Jeff Sallen

• Vice Chair: Buzz Gibbs

• Secretary: Kate Phin

Approved 12-0-0

KM Community Plan Update:

Consultants are working on an economic study and will be conducting outreach and

public comment in the near future. Subcommittee will address KMPG members in Sept/Oct.

Possible update to the bylaw {600-24), draft will be provided to the KMPG for vote at a future

meeting (only minor changes/clarification will be made).

SeeScan (project #486137):

Mark Olsen from See-Scan wants to install fiber cabling between 2 buildings with in their

property. This will cross link they systems and is a private utility. Approved 12-0-0

ATTACHMENT 8

M&M Telecom (project #428180):

Project to install a new 73' tower with 16 antennas for Sprint location in KM. Existing tower is

120 ft. Plan was to design the tower to look like an airport control tower. KMPG disagrees with

plan and recommended that Sprint/M&M Telecom to design a smaller lattice style tower with

minimal impact and less obtrusive. KMPG asked them to return with new design.

Allen Young (Councilman Cate's Office):

• Spoke to the community about the new fiscal year

• Stated that the Convoy District San Diego Night market was a huge success

• Stated the city is looking at adding angled parking on Convoy and additional Side streets

• Discussed the KM sign. He stated that the city has funds to do this, however, they need

a company or possible the KMPG to pay for the sign and installation and then be

reimbursed for the costs. Options are needed for the signs.

Tom Bostedt (City of San Diego Community Relations Officer):

• New to this position and wanted to introduce himself to the group

• He is best reached via email: [email protected]

Jeff Sallen concluded the meeting at 1:00 pm.

THE Crrv OF SAN DIEGO

Project Name:

City of San Diego Development Services 1222 First Ave., MS-302 San Diego, CA 92101

SP253687 Fiber Build - SOP

Project Scope/Location:

ATTACHMENT 8

Community Planning Committee

Distribution Form Part 2 Project Number: Distribution Date:

486137 06/13/2016

Kearny Mesa SAP No. 24006660 (Process 3) Site Development Permit for an encroachment within the public right of way with 1,250 linear feet of telecommunication conduit and (2) 24" x 36" pull box vaults for the exclusive use of 3855 Ruffin Rd and 4033 Ruffin Rd. The site is in the IL-2-1 zone within the Kearny Mesa Community Plan Area. Council District 6.

Applicant Name: Applicant Phone Number:

i-1A-tZfC olSSo-AJ S.S8' <~ 4l/ · S$e.D Project Manager: Phone Number: Fax Number: E-mail Address:

John Fisher (619) 446-5231 (619) 446-5245

Committee Recommendations (To be completed for Initial Review):

/

J2{. Vote to Approve Members Yes Members No Member Abstain

i~ 0 LI Vote to Approve Members Yes Members No Members Abstain

With Conditions Listed Below

LI Vote to Approve Members Yes Members No Members Abstain

With Non-Binding Recommendations Listed Below

LI Vote to Deny Members Yes Members No Members Abstain

LI No Action (Please specify, e.g., Need further information, Split vote, Lack of LI Continued quorum, etc.)

CONDITIONS:

NAME: ~GfFt'.Df I 5Af!W TITLE: J::-t·{f(;, c.J«r lZ-SI GNAT =J;/hj/;V DATE: !/-- ~0-1{,

v "i/e Attach Additional Pa 'es If Necessary. Please return to: Project Management Division City of San Diego Development Services Department 1222 First Avenue, MS 302 San Diego, CA 92101

Printed on recycled paper. Visit our web site at www.sandiego.gov/development-services. - .

Upon request, this information is available in alternative formats for persons with disabilities.

(01-12)

ATTACHMENT 9


TN< cm-°" s ... c .. ac (619) 446-5000

Ownership Disclosure Statement

Approval Type: Check appropriate box for type of approval (s) requested: r Neighborhood Use Permit r Coastal Development Permit

r Neighborhood Development Penni! IX Site Development Permit r Planned Development Permit r Conditional Use Permit r Variance r Tentative Map r Vesting Tentative Map r Map Waiver r Land Use Plan Amendment • r Other

Project Title Project No. For City Use Only

SP253687 Fiber Build Project Address:

3855 Ruffin Rd. San Diego, CA 92123

Part I· To be completed when property Is held by lndlvldual(s)

Bll i>igoiog tbe Owoerabill Oisciosum Statement the mimeui>l acknowledge !bat ao applicaliQD fQ[ ii ~anit map oc olhlll: matter m; identified !!bolle ~II be filed ~ilb !Ile Citx 2f San D~ gn the subject 111211e!:!l£ with the intent to record an encumbrance BQ<!inst the prooerty. Please list below the owner(s) and tenant(s) (if applicable) of the above referenced property. The list must include the names and addresses of all persons who have an interest in the property, recorded or otherwise. and state the type of property interest (e.g., tenants who will benefit from the permit, all individuals who own the property). A sigoatum is reQUired of at least one Qf the pr~ey QWnefl!. Attach additional pages if needed. A signature from the Assistant Exerutive Director" of the San Diego Redevelopment Agency shall be required for all project parcels for which a Disposition and Development Agreement (ODA) has been approved I executed by the City Council. Note: The applicant is responsible for notifying the Project Manager of any changes in ownership during the lime the application is being processed or considered. Changes in ownership are to be given to the Project Manager at least thirty days prior to any public hearing on the subject property. Failure to provide accurate and current ownership infonnation could result in a delay in the hearing process.

Additional pages attached rves IX No

!:Jame or lnCl1v1Clual ~l}ipe or pnntJ: r::lame or lnCl1vlClual ~t}lpe or pnntl:

I owner I Tenant/Lessee I Redevelopment Agency rowner I Tenant/Lessee I Redevelopment Agency

Street Adaress: Street Address:

City/State/Zip: City7State7Zip:

Phone No: Fax No: Phone No: Fax No:

Signarure: Date: S1gnalure: Dale:

Name of Individual (type or print): Name oi Individual {type or print):

rowner jTenant/Lessee I Redevelopment Agency r Owner I Tenant/Lessee I Redevelopment Agency

Street Address: Street Address:

City/State/Zip: City/State/Zip:


Signature: Date: Signature : Date:

Printed on recycled paper. Visit our web site at www.sandiego.gov/develo11ment-services Upon request, this Information is avallable in alternative formats for persons with disabHities.

DS-318 (5-05)

l

ATTACHMENT 9

Project Title: j Project No. (For City Use Only) SP253687 Fiber Build

I Part II • To be completed when property is held by a corporation or partnership I Legal Status (please check):

I Corporation ~Limited Liability-or- I General} What State?~ Corporate Identification No. 33-0864319

j Partnership

By signing the Ownershig Disclosure Statement, the owne!'.(s) acknowledge that an agglication fo[ a germit, mag or other matter, as identified abQve. will be filed witb tbe CitY of San Diego gn tbe sub,ieci i:iroge~ with tbe intent to !1lcor.d an eocumbrao~ agaim~t the progerty .. Please list below the names, titles and addresses of all persons who have an interest in the property, recorded or otherwise, and state the type of property interest (e.g., tenants who will benefit from the permit, all corporate officers, and all partners in a partnership who own the property). A signatur.e is r.eguired of at leafil one Qf the cor(:lorate officers or gartner:s who Qwn the progerty. Attach additional pages if needed. Note: The applicant is responsible for notifying the Project Manager of any changes in ownership during the time the application is being processed or considered. Changes in ownership are to be given to the Project Manager at least thirty days prior to any public hearing on the subject property. Failure to provide accurate and current ownership information could result in a delay in the hearing process. Additional pages attached jYes 15<'No

Corporate/Partnership Name (type or print): Corporate/Partnership Name (type or pnnt): 3855 Ruffin Road, LLC

IXOWner I Tenant/Lessee r owner I Tenant/Lessee

Street Address: Street Address: 3855 Ruffin Rd. City/State/Zip: City/State/Zip: San Diego, CA 92123 Phone No: Fax No: Phone No: Fax No: (858)244-3300 (858}836-3400

Name of Corporate Officer/Partner (type or print): Name of Corporate Officer/Partner (type or print): Mark S. Olsson A

Title (type or prinr I Title (type or print): Manae:e'

Sig/t/ J Date: Signature: Date: 05/16/2016

Corporate/Partnership Name (type or print}: Corporate/Partnership Name (type or print):

I Owner I Tenant/Lessee r Owner I Tenant/Lessee



Phone No: Fax No: l'lione lilo: Fax No:

Name of Corporate Officer/Partner (type or print): Name of Corporate Officer/Partner (type or print):

Title (type or print): TiHe (type or print):

Signature : Date: Signature: Date:

~orporale71!'artnersli1p r:lame ~iYpe or pnnl): Corporate/Partnership Name (type or print):

I Owner I Tenant/Lessee !Owner I Tenant/Lessee




lilame of Corporafe Off1cer7Partner {fYpe or pnnfj: Name of Corporate Officer/Partner (type or print):

Title (type or print): TiUe (type or print):

Signature: Date: Signature: Date:

'

ATTACHMENT 9

RECORDED AT THE REQUEST OF CHICAGO TITLE CO. 8732 DOC # 1999-0521061

RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS 011IERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO:

Attn:

Jul 28. 1999 4:1~

IFFIClll lmlDS" · ~ DIEOO IXOOV lmRl&'S IFFICE G&RY J. OOTH, a:Df1V tmDR

FEES: 34.00 IC: ff

3855 Ruffin Road, LLC Attn: Marlc Olsson 4819 Ronson Court SanDiego,Califomia 92111-1803 . TAX: -N~D.

GRANT

DEED

TIDSSPACBABOVBFORRECORDER' -1111111111 . 1999-0621081

DOCUMENTARY TRANSFER TAX$_ __

Corr4:>uted on fhe tun value less 1he value of liens or enrumbrances rema thereon at the time of sale.

THIS GRANT DEED is made this _day of July, 1999, by PMSI KEARNY MESA, LLC, a California limited liability company ("Grantor''), to 3855 Ruffin Road LLC, a California limited liability company ("Grantee").

WHEREAS, Grantor holds legal title to certain property more particularly descnbed in Exhibit A attached , . hereto and incorporated herein by this reference(~"), and

WHEREAS, Grantor desires to convey to Grantee all of its right, title and interest ii>. and to the Property.

NOW 'IHEREFORE for such good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, bargain, sell and convey unto the Grant~e the Property.

TOGETHER WITH all rights of way, easements, rights, privileges and appurtenances thereto oc in any way·. appertaining, all improvements thereon and all the esmte, right, title, Interest and claim. either at law or in equity, of Grantor in the said Property. However, this conveyance is made subject to the liens securing payment of ad valorem taxes for the cWTent and all subsequent years, as well as to those matters of record.

IN WTINESS WHEREOF, Grantor bas caused this Grant Deed to be executed by its representative thereunto duly authorized as of the day and year first above written.

F:\AMK\PMSI Keamy\lnms\grantdeed.doc

PMSI KEARNY MESA, LLC a California limited liability company

By: P=t)g]e~tlServices, Inc.

;y.~ Andrew M. Kaplan, President

PM

ATl'ACHMENT 9

'"'-" r ' -··

8733 STATE OF CALIFORNIA)

~ 1'" )ss. COUNTY On l.JJ~p)

On ::r u..l'j;Z7. l~<itf before me,-:J"UA.l'\l!.. l'aMb-ljo'3, . a Notary Public in and for said state, personally appeared tAV'lW • l{o.f lA.n , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscnDed to the within instrument and acknowledged to me that he executed the same in his authori7.ed capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public in and for said

. ~ . . . .. ,, . ..

PARCEL A:.

ATTACHMENT 9

EXHIBIT ""Au

PARCEL 1, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP RECORDED AUGUST 19, 19n, IN BOOK OF PARCEL MAPS AT PAGE 6287, IN THE OFACE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.

PARCELB:

AN EASEMENT FOR INGRESS ANO EGRESS FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF LOT 3 OF THE CITY OF SAN DIEGO INDUSTRIAL PARK UNIT NO. 5, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6031, ALEO IN THE OFACE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 1968, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOSTWESTERL Y CORNER OF PARCEL 1 HEREINABOVE DESCRIBED, BEING A POINT ON THE ARC OF A 4,042.00 FOOT RADIUS CURVE IN THE SOUTHWESTERLY LINE OF SAID LOT 3, THE CENTER OF SAID CURVE BEARS SOUTH 62 05' 10" WEST FROM SAID POINT; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 25' oa· A DISTANCE OF 100.00 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 64 06' 42" EAST. 118.64 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 1 ABOVE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 58 33' 10• WEST, 68.96 FEET TO THE POINT OF BEGINNING.

A1TACHMENT 9


TH•Cn•o•S ... o...... (619) 446-5000

Ownership Disclosure Statement

Approval Type: Check appropriate box for type of approval (s) requested: r Neighborhood Use Permit r Coastal Development Permit

r Neighborhood Development Permit IX Site Development Permit r Planned Development Permit r Conditional Use Permit rvariance rTentative Map I Vesting Tentative Map r Map Waiver r Land Use Plan Amendment • r Other

Project Title Project No. For City Use Only

SP253687 Fiber Build Project Address:

4033 Ruffin Rd. San Diego, CA 92123

Part I -To be completed when property is held by lndlvldual(s)

6)1 :iigaiag 1bi:: 0Yilai:mbi12 l:!i:iclosun: l2tatflDlf:n1 !be QWDer(:il 11cknowledgi;: lba111a iill2'2li~ti20 fQc a '2!::rrnil [[)l!l2 QC othi;:c matti;:c a:z identified above, will be filed with the C~ of San D!mJQ on the su~ct 11ro~rty. with the intent to record an encumbrance ~ainst the orooe!!):. Please list below the owner(s) and tenant(s) flf applicable) of the above referenced property. The list must include the names and addresses of all persons who have an interest in the property, recorded or otherwise, and state the type of property interest (e.g .. tenants who will benefit from the permit, all individuals who own the property). A signature is required of at least Qoe Qf the 11roperty owners. Attach additional pages if needed. A signature from the Assistant Executive Director of the San Diego Redevelopment Agency shall be required for all project paroels for which a Disposition and Development Agreement (ODA) has been approved I executed by the City Council. Note: The applicant is responsible for notifying the Project Manager of any changes in ownership during the time the application is being processed or considered. Changes in ownership are to be given to the Project Manager at least thirty days prior to any public hearing on the subject property. Failure to provide accurate and current ownership information could result in a delay in the hearing process.

Additional pages attached r ves IX No

F:Jame o1 ln<Jrv1Clual ltype or pnn[': Flame o1 lna1v1Clual ltype or print':

I owner J Tenant/Lessee J Redevelopment Agency J Owner I Tenant/Lessee J Redevelopment Agency




Signarure: Date: S1gna!ure: !Jam:

Name of Individual (type or print): Name of Individual (type or print):

rowner jTenant/Lessee J Redevelopment Agency r Owner J Tenant/Lessee J Redevelopment Agency


City7State/Zip: City/State/Zip:


Signature: Date: Signature: Date:

Printed on recycled paper. V1s1t our web site at www.sandiego.gov/development-services Upon request. this infonmation is available in alternative formats for persons with disabilities.

DS-318 (5-05)

I

ATTACHMENT 9

Project Title: Project No. (For City Use Only)

SP253687 Fiber Build

Part II -To be completed when property Is held by a corporation or partnership

Legal Status (please check):

r Corporation IX Limited Liability -or- r General) What State?~ Corporate Identification No. 20-3969056 I Partnership

By signing the Ownership Disclosure Statement the owner(s) acknowledge that an application for a permit. map or other matter as identified above. will be filed with the City of San Diego on the subject oroperty with the intent to record an encumbrance against tbe property .. Please list below the names, titles and addresses of all persons who have an interest in the property, recorded or otherwise, and state the type of property interest (e.g., tenants who will benefit from the permit, all corporate officers, and all partners in a partnership who own the property). A signature is required of at least one of the cornorate officers or partners who own the property. Attach additional pages if needed. Note: The applicant is responsible for notifying the Project Manager of any changes in ownership during the time the application is being processed or considered. Changes in ownership are to be given to the Project Manager at least thirty days prior to any public hearing on the subject property. Failure to provide accurate and current ownership information could result in a delay in the hearing process. Additional pages attached r Yes IX No

Corporate/Partnership Name (type or print): 4033 Ruffin Road, LLC

IX Owner r Tenant/Lessee

Street Address: 4033 Ruffm Rd. City/State/Zip: San Diego, CA 92123 Phone No:

858)244-3300 Fax No: 858 836-3400

Date: /1-------05/16/2016

r Owner I Tenant/Lessee

Street Address:

City/State/Zip:

Phone No: Fax No:

Name of Corporate Officer/Partner (type or print):

Title (type or print):

Signature: Date:

Corporate/Partnership Name (type or prmt):

r owner r Tenant/Lessee

Street Address:

City/State/Zip:

Phone No: Fax No:

Name of COrporate Officer/Partner (type or pnnf):

Trtfe (type or print):

Signature : Date:

Corporate/Partnership Name (fYpe or print):

r OWner r Tenant/Lessee

Street Address:

City/State/Zip:

Phone No: Fax No:


Trtle (type or print):

Signature: Date:

Corporate/Partnership Name (type or print):

r Owner I Tenant/Lessee

Street Address:

City/State/Zip:

Phone No: Fax No:


Tiiie (type or print):

Signature: Date:

Corporate/Partnership Name (type or print):

rawner I Tenant/Lessee

Street Address:

City/State/Zip:

Phone No: Fax No:


Title (type or print):

Signature: Date:

ATTACHMENT 9 --~'-----''------------------------:::----==·· .:·. -...;. lt;;;_., .. : · ...•. ~ ;---:_

PREPARED BY ASSETLIRK PROCESS SERVICES WHEN RECORDED MAIL TO: AssetLinlc Process Services 620 S. Woodruff Ave. Idaho Falls, ID 83401

RECORDING REQUBSTBD BY

1:?931

DOC # 1999-0196246 MAR 25, 1999 4:59 PM

. ffFICift. REaRDS SAN DIE60 c:oLNJV RE!lRIER'S lfFICE GllGORV J. SMTIH, lmfTY ~

FEES: 12.00

1!lNBrAR. BARK, !SB A .P.riDBR.llLLY' Ol1lRmRm SAVIN1S BARK' · 1011,1111110 · I Hill 111111111111 IUlll 111 H 1111

AssiCALIFOdIA

LOAN NO. 9BOD101G6 f188G47481. 1!HIJCJ POOL NO. COUNTY SAN DIEGO

111111111111111 llWJll IU,~ DI 1111 IUm II 1111

CDRPORATJ:ON ASSIGNMENT OF DEED OF TRUST

..-----,----,:--..,....,,.-=-.,,,...,,~~==-=='"'="",....,,...,,,-=:-:-~~~---==-----,.,--~,__~""'=:----(ASsignor) located at2600.- 'l'BLEGRAPH ROAD, BLOOMFIELD HILLS, MI 48302 transfers to .l'!tRMAGB ~ RBGIS'l'RA'l'ICB SYSTJiJIS, JliK!., P.O. BOX 2026, FI3NI', MC 48501-2026, A~ CDRRlRAT.Z'CN

all beneficial interest under that certain Deed of Trust dated ------APRIL 21, 1998 executed by Jr:BN F. SCANll'M AND LISA R. SCANID!I, Ba9BAND AW WIFB AS JOINr mNANm

Trustor, to JOAN H. ANDBRSON Trustee, and recorded as Instrument No. 1998-0245083 , on APRIL 29, 1998 , in Book , Page ---,-o..,.,f-

of Official Records in the County Recorder's Office of the County of SAN DIEGO , State of California, describing land therein as: AS DBSCRIBBD ON SAID DBED OF TRUST RBFBRRBD TO HERBIN.

MIJ!/11100026600036189673 MBRS VR11 PHONB #: 1-888-619-6377 J=FS780A.S.01796

Page 1 of 2

ATTACHMENT 9

' ~- . .. Loan No. 980070166 [188647481 FHLMC] 12932 TOGETHER with the note or notes therein described or referred to, the money due and to become with interest.

DATED: MARCH 12, 1999 , BUT EFFECTIVE MARCH 16, 1999

FLAGSTAR BANK, FSB A FEDERALLY CBAR'.l'ERED SAVINGS BANK FORMERLY KNOWN AS FIRST SECURITY SAVINGS BANK, FSB A FEDERALLY

CHARTERED SAVINGS BANK

STATE OF IDAHO ) .....;;..;....;...;..;......;... ____ ~-----)SS

COUNTY OF BONNEVILLE ) DIANA ANDERSON SECRETARY

On this l2th day of ~ , 19 99 before me, the undersigned, a Notary Public in and for said State, personally appeared CLAUDIA SCHENK . who executed the within instrument as VIC8 -----P/ilBSIDENr , and DIANA ANDERSON as _S_B_CRET._......,....:A.R--=-Y-----personally known to me {or proved to me on the basis on satisfactory evidence) to be the ns who executed the within Instrument on behalf of the corp, ion t erei named, and acknowledged to me that such corporation ex cute th withi instrument pursuant to its by-laws or a resolution f i ard directors.

RUANA RANSOM (COMMISSION EXP. 02-13-03) Name {Typed or Printed) NOTARY PUBLIC

RUANA RANSOM tc NOTARY PUBLIC *

STATE OF IDAHO

C=S. 067. 0253 MIN# 100026600036189673 M1lRS VR1J PIDlE #: 1-888-679-6377 (RMRIO<l&.)1796 CALIFORNIA J=FS780A.S.01796

Page 2 of 2

Attachment 10

PROJECT DATA SHEET PROJECT NAME: Fiber Build (Project No. 486137)

PROJECT DESCRIPTION: Encroachment within the public right-of-way with approximately 1,250 linear feet of telecommunication fiber optic lines, conduit and two twenty-four inch by thirty-six inch pull box vaults for the exclusive use of the businesses at 3855 and 4033 Ruffin Road.

COMMUNITY PLAN AREA: Kearny Mesa

DISCRETIONARY ACTIONS: Site Development Permit

COMMUNITY PLAN LAND USE Industrial Business Park

DESIGNATION:

ZONING INFORMATION

ZONE: IL~2~1

HEIGHT LIMIT: N/A

LOT SIZE: N/ A

FLOOR AREA RATIO: N/A

FRONT SETBACK: N/ A

SIDE SETBACK: N/A

STREETSIDE SETBACK: N/A

REAR SETBACK: N/ A

PARKING: N/A

LAND USE DESIGNATION EXISTING LAND USE ADJACENT PROPERTIES: &ZONE

NORTH: Industrial Business Park, Industrial Business Park

IL-2-1

SOUTH: Industrial Business Industrial Business Park/County Park/Government use, Housing Authority

IL-2-1

EAST: Industrial Business Park, Industrial Business Park IL-2-1

WEST: Industrial Business Park, Industrial Business Park IL-2-1

DEVIATIONS OR VARIANCES No deviations or variance required.

REQUESTED:

COMMUNITY PLANNING On July 20, 2016 the Kearny Mesa Planning Group voted 12:0:0 to

GROUP RECOMMENDATION: recommend approval of the project.

THE CITY OF SAN DIEGO Report to the Planning … CITY OF SAN DIEGO Report to the Planning Commission DATE ISSUED: January 19, 2017 REPORT NO. PC-17-011 HEARING DATE: January 26, 2017

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