To obtain a permit, a party must file an application with the City that includes a complete plan, description of the property, the proposed use, satisfactory evidence that the applicant will begin construction within six months of receiving the permit, and a fee of $3,476. The process for receiving a CUP from the City is contained in Title 20 of the San Marcos Municipal Code. On August 2, 2001, the City indicated that Sprint could not use the public rights-of-way without first obtaining a Conditional Use Permit ('CUP'). The facilities include wireless cell devices that attach to electrical poles and boxes at the base of the poles to provide power to the wireless transmission units. On April 20, 2001, Sprint sent a letter to the City requesting permission to use the public rights-of-way to install various facilities *1275 at three sites in the City. Sprint PCS) ('Sprint') is a provider of wireless telecommunications service throughout the San Diego area, including the City of San Marcos ('the City'). GRANTING IN PART, DENYING IN PART, DEFENDANTS' MOTION TO DISMISS Sullivan, Judith Hartwzig, Lounsbery, Ferguson, Altona & Peak, LLP, Escondido, CA, for defendants. Skale, Fish & Richardson, P.C., San Diego, CA, for plaintiffs. Thibadeau, in his capacity as a councilmember of the City of San Marcos, Defendant. Rozmus, in his capacity as a councilmember of the City of San Marcos Lee B. Smith, in his capacity as Mayor of the City of San Marcos Pia Harris, in her capacity as Vice-Mayor of the City of San Marcos Hal Martin, in his capacity as a councilmember of the City of San Marcos Mark J. 2d 1272(2002) COX COMMUNICATIONS PCS, L.P., A Delaware limited partnership, Plaintiff,ĬITY OF SAN MARCOS, a California municipality F.H.

Public utilities code 7901.1