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HomeMy WebLinkAboutReso 2000-259 RESOLUTION NO. 2000-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERI~IT, PC C 00-33, TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN UNIVIANNED CELLULAR COMIVlUNICATIONS FACILITY AT 740 HILLTOP DRIVE A. RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A incorporated herein by this reference, a copy of which is on file in the office of the City Clerk, and for the purpose of general description is located at 740 Hilltop Drive ("Project Site"); and 2. Project Applicant WHEREAS, on January 31, 2000, a duly verified application for a conditional use permit (PCC 00-33) was filed with the City of Chula Vista Planning Department by NexTel Communications ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, applicant requests permission to construct an unmanned cellular communications facility consisting of a 40-ft. high monopalm. The facility will consist of twelve (12) panel antennas, in three sets of four panel array arms, with a 200 sq. It. radio equipment building on the project site; and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on June 7, 2000, and voted 5-0-2 recommending that the City Council approve the project in accordance with Resolution PCC 00-33; and 5. City Council Record of Application VVHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on July 25, 2000, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the Planning Commission at their public hearing on this project held on June 7, 2000, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. Resolution 2000-259 Page 2 C. ENVIRON1VIENTAL DETERMINATION The Environmental Review Coordinator has concluded that the project is a Class 3 {c} categorical exemption from environmental review pursuant to 15303 and 15311 of the California Environmental Quality Act. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City' s roles and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facili~ which will contribute to the general well being of the neighborhood or the contmumty. The proposed antenna location is necessary to provide and maintain a quality wireless phone system in the Chula Vista area, particularly to the surrounding residential areas. The proposed monopalm antenna site will provide coverage and capacity for this system that will ensure availability to business users, personal users, and emergency service providers including sheriff, police, fire, and paramedics, thus enhancing emergency service and response. The requirement for mandatory sharing will eliminate or reduce substantially the need for future sites elsewhere in the immediate vicinity. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Personal Communication System communications operate on low power radio waves. Radio frequency radiation from this system of antennas has been shown to be below any levels that would cause hazardous biological effects. In addition, this radio frequency radiation is so far below recognized safety standards that they constitute no hazard to public health or safety. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This Conditional Use Permit is conditioned to require the permittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use. The conditions of this permit are approximately in proportion to the Resolution 2000-259 Page 3 nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to an area of a nature and scope related to the size and impact of the project. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any govermnent agency. The granting of this permit will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a site surrounded primarily by public uses along with residential uses, and the land use impact will be minimal and the visual impact is being addressed. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC 00-33 subject to the following conditions whereby the applicant and/or property owners shall: 1. Construct the project as shown in conceptual plans, elevations, photo-simulations and other exhibits submitted for review at the City Council public heating July 25, 2000. 2. Prior to issuance of building permits, submit said plans for review and approval to ensure that all proposed colors, materials, screening and planting material will architecturally integrate with the surrounding environment and the Hilltop Baptist Church to the satisfaction of the Planning Director and the Landscape Planner. 3. Upon completion of the monopalm, and the associated equipment building, and the installation of the palm trees and the associated screening vegetation, the applicant shall ensure and be responsible for all maintenance repairs, replacement or upgrade of said improvements for the life of the project. This condition shall include the replacement of any palm tree elements that appear faded or wom overtime or as a result of adverse weather effects, as viewed by the City of Chula Vista. 4. In the event that any damage occurs to the monopalm, equipment building, or landscape elements, or the design of the Hilltop Baptist Church be altered, the applicant will appropriately upgrade, repair or replace the said improvements to the satisfaction of the Director of Planning and Building. 5. The applicant shall remove all said improvements and restore the site to its original condition in the event that new technologies provide service that would cause the existing facility to become obsolete. 6. This permit shall be limited to providing NexTel Communications, a wireless tele- communication provider, the entitlement to locate a facility at this location, and cannot be sold or leased to another provider without written approval of the City. 7. Upon cessation of the business operations and use of the monopalm by the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of the Director of Planning and Building Department and/or remove the monopalm and accessory structure and retum the site to its original condition within 90 days. Resolution 2000-259 Page 4 8. Cooperate with other telecommunication companies in co-locating additional antennas on subject property provided said co-locatees have received a conditional use permit for such use at said site from the City. Permittee shall exercise good faith in co-locating with other communications companies and sharing the subject property, provided such shared use does not give rise to a substantial technical level or quality of service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether Permittee has exemised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the Permittee and complaining user. 9. Comply with ANSI standards for EMF emissions. If on review, the City finds that the project does not comply with ANSI standards, the City may revoke or modify this conditional use permit. 10. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local frequencies used by the Chula Vista Elementary, Sweetwater Union High School, and Sweetwater Authority or Otay Water Districts. If on review the City finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 11. Access to the equipment cabinet, antennas, and satellite dish shall be restricted and limited to service personnel. The project must have adequate access control to the antennas and equipment areas to help prevent theft, graffiti, and other forms of vandalism. Applicant shall contact the Crime Prevention Unit of the Police Department at 691-5127 for inspection and implementation of any crime prevention elements prior to commencement of operation. 12. Comply with the City's Municipal Code noise standards. A six foot high solid masonry wall shall be located along the north and west sides of the equipment building to the satisfaction of the Planning Director. Within three (3) months of the issuance of the certificate of occupancy, the applicant shall submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noise. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for residential uses. Said report shall be subject to review and approval by the Director for consistency with the project proposal report and Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 13. The applicant's radio frequency engineers prior to issuance of building permits shall provide an analysis of phone interference. This information shall address concems about cell phone use in relation to the proposed antenna installation. If on review the City finds that the project will cause additional interference due to cell phone reception, the City may revoke or modify the conditional use permit. Resolution 2000-259 Page 5 14. The project shall be developed and maintained in accordance with the approved plans on file in the Planning Division, the conditions contained herein, and Title 19 (Zoning). 15. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed to the satisfaction of the Director of Planning and Building. 16. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 17. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Municipal Code regarding graffiti control. 18. Comply with all requirements and obtain all necessary permits from the Chula Vista Building Division. A building permit will be required for the monopalm and equipment building, with the provision of structural calculations for the proposed monopalm. Compliance with 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1996 National Electrical Code is required. 19. Comply with all requirements of the Chula Vista Fire Department. Additional review will be required at the time of building permit approval. 20. Comply with all requirements of the Chula Vista Engineering Department. Additional review will be required at the time of building permit approval. 21. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 22. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the fight to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 23. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, Resolution 2000-259 -- Page 6 claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant' s/operator's compliance with this provision is ar~express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office. S~gnature of Property Owner Date NexTel Communications H. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) years after the date of its approval by the City Council. After the first five (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant, whether or not the tower can be lowered. I. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. Resolution 2000-259 Page 7 J. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by: PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of July, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton NAYS: C ouncilmembers: None ABSENT: Councilmembers: None ATTEST: Shirley HZ~n, Mayor Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2000-259 was duly passed, approved, and adopted by the City Council at a regular h meeting of the Chula Vista City Council held on the 25t day of July, 2000. Executed this 25th day of July, 2000. Susan Bigelolv, City Cle~