We oppose AT&T's proposed 30 foot tall wireless communication facility and accompanying 240 square foot equipment enclosure in Cliffridge Park at 8311 Cliffridge Avenue (Project Number 325685).

Cliffridge Park is a community park, beautiful natural setting, and vital recreational resource located immediately next to a YMCA preschool program and an elementary school.  The park should not be used for commercial purposes that compromise the integrity, aesthetics, and function of its park purpose.

Specific reasons for opposing the proposed project include, but may not be limited to, the following:

1. The community decisively opposes bulk, scale, compatibility, and legality of AT&T's proposed project, as evidenced by recommendations to deny the project by:

- The La Jolla Community Planning Association (3 April 2014, reaffirmed 5 June 2014)

- The La Jolla Shores Association (11 June 2014)

- The La Jolla Shores Planned District Ordinance Advisory Board (17 June 2014)

2. The La Jolla Shores Planned District Ordinance (Section 1510.0311) explicitly states that in the Public Park area "...no building or improvement or portion thereof, shall be erected, converted, established, altered or enlarged, nor shall any premises be used except for park purposes."  AT&T's proposed wireless communication facility is not a park purpose.

3. The La Jolla Shores Planned District Ordinance (Section 1510.0107) states that "Where there is a conflict between the Land Development Code and the La Jolla Shores Planned District Ordinance, the Planned District Ordinance Applies.  Therefore the La Jolla Shores Planned District Ordinance prohibition against non-park uses must be upheld.

4. Section 55 of the San Diego City Charter states that "...real property dedicated in perpetuity by ordinance of the Council... for park, recreation, or cemetery purposes shall not be used for any but park, recreation or cemetery purposes..."

5. As a City park "set aside and dedicated in perpetuity for park and recreation purposes" (Ordinance No. 12426, 28 August 1978), per both the La Jolla Shores Planned District Ordinance and the City Charter, Cliffridge Park may not be used for any but park purposes.

6. The federal Telecommunications Act of 1996 expressly preserves local zoning authority. [47 U.S.C. Section 332(c)(7)(A)]  As long as local authorities do not discriminate among providers or prohibit provision of wireless services, "nothing... shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities." 

7. Federal and state legal opinion and precedent affirm the City's responsibility to uphold the requirements of the La Jolla Planned District Ordinance and City Charter and provide ample precedent for denying AT&T's proposed project.

8. The November 2001 Memorandum of Law by the San Diego City Attorney used to violate both the City Charter and the La Jolla Shores Planned District Ordinance is both superseded by higher legal authority and based on irrelevant case law.  Cases cited in the 2001 City Attorney (from 1906, 1927, and 1940) do not relate to leasing City park land to commercial enterprises with no recreational-related benefit to citizens. 

9.  The proposed 30 foot tall faux eucalyptus tower and 240 square foot enclosure pose a threat to public health and safety (as mentioned by members of the community groups that have considered and recommended denial of this project). The bulk and scale of the proposed project is incompatible with the park setting, park and community aesthetics, and park purposes.  Section 1510.0101 of the La Jolla Shores Planned District Ordinance states that: "The public health, safety, and welfare require that property in La Jolla Shores shall be protected from impairment in value and that the distinctive residential character and the open seascape orientation of the La Jolla Shores Area shall be retained and enhanced." 

10. AT&T has not provided compelling evidence that the proposed site is the only site that will meet coverage needs.  AT&T has admitted in La Jolla community meetings that they have not considered alternative sites or a "Plan B."

We respectfully urge the City to deny AT&T's project and direct AT&T to find a more suitable location on non-park land.