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HomeMy WebLinkAboutReso 2001-270 RESOLUTION NO. 2001-270 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITt~A VISTA GRANTING A CONDITIONAL USE PERMIT, (PCC-00-58) TO COX/SPRiNT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 4548 SWEETWATER ROAD (ROHR PARK) A. RECITALS 1. Project Site WHEREAS, the parcel that is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at Rohr Park, 4548 Sweetwater Road ("Project Site"); and 2. Project Applicant WHEREAS, on May 12, 2000, a duly verified application for a Conditional Use Permit (PCC-00-58) was filed with the City of Chula Vista Planning Division by Cox/Sprint PCS (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct an unmanned cellular communications facility consisting of a 66 ft. high light standard supporting nine antennas, and a 384 sq. f. fenced equipment and storage building on the Project Site; and 4. Environmental Determination WHEREAS, in accordance with the requirements of the California Environmental Quality Act (CEQA), the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study. Such study (IS-01-044) was prepared by City staff, and based on such study, a Mitigated Negative Declaration was prepared and circulated for public review. WHEREAS, the Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of a Mitigated Negative Declaration on June 18, 2001, in compliance with CEQA. The Planning Commission recommended adoption of the same Mitigated Negative Declaration on July 11, 2001. 5. Planning Commission Record on Application WHEREAS, the Planning Commission scheduled and advertised a public hearing on the Project for December 13, 2000; continued the Project to January 17, 2001; and continued the project again to July 11, 2001; and WHEREAS, at the July 11, 2001 meeting, the Planning Commission considered a motion to support staff's recommendation for the cellular facility and voted 5-0-1-1 to recommend that Resolution 2001-270 - Page 2 the City Council approve the Project based on the findings and subject to the conditions listed below in accordance with Planning Commission Resolution PCC-00-58; and 6. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on August 7, 2001, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. WHEREAS, the City Council continued the project to August 14, 2001. 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 heating on this Project held on July 11, 2001, the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration issued for this Project has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. D. iNDEPENDENT JUDGEMENT OF THE CITY OF CHULA VISTA CITY COUNCIL The City Council finds that the Mitigated Negative Declaration prepared for this Project reflects the independent judgment of the City of Chula Vista City Council. E. INCORPORATION OF MITIGATION MEASURES The City does hereby adopt and incorporate herein as conditions for this approval all applicable mitigation measures, as set forth in the Environmental Document IS-01-044. F. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed cellular facility is necessary to provide and maintain a quality cellular - phone system in northeastern Chula Vista, specifically providing service for portions of Resolution 2001-270 Page 3 Highway 54, Sweetwater Road, commercial areas along Bonita Road, and surrounding residential areas in all directions. The cellular facility will contribute to the general well being of the community by facilitating telephonic communication in the area surrounding said facility. 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. Emissions from cellular antennas have been shown to be below any levels that would cause hazardous biological effects. In addition, cellular antenna emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. The project has been conditioned that the applicant prove compliance with the accepted ANSI standards for emissions control. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-00-58 requires the permittee to comply with all the applicable regulations and standards specified in the Mtmicipal Code for such use. The conditioning of PCC-00-58 is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are 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 government agency. Land use patterns within the City will not he affected by the granting of PCC-00-58. Monthly maintenance visits that the project may generate will not result in the intensification of the use of the site and is an insignificant increase in the traffic for the neighborhood. The integration of the light standard with other field lights will not be a visual intrusion in Chula Vista. G. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-00-58 subject to the following conditions whereby the applicant and/or property owner shall: 1. Construct the Project as described in the application, except as modified herein to allow for the light standard and equipment/storage building. The light standard shall be no taller than 66-fi., and shall support no more than nine antennas. The telephone, electrical and radio equipment shall be placed in a new 384-square-foot block wall building with shingled roof adjacent to the ball field, and it shall match an existing restroom building to the south of the new building. Resolution 2001-270 Page 4 2. Cooperate in good faith with other communications companies in co-locating additional antenna on pole structures and/or on the tops of buildings, provided said co-locates 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 permitted site, 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 exercised 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 applicant. 3. Comply with ANSI standards for EMF emissions. Within six (6) months of the Building Division final inspection of the project, the Applicant shall submit a project implementation report to the Director of Planning and Building, which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards. If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use permit. 4. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 5. Provide one 2A: 10BC fire extinguisher at a location satisfactory to the Fire Marshal upon completion of construction. 6. Obtain all necessary permits from the Chula Vista Building Division and Fire Department. 7. Comply with the City's Municipal Code noise standards. Within three (3) months of the Building Division's final inspection, the applicant shall submit a report to the Director of Planning and Building, which provides cumulative field measurements of facility noises. The report shall quantify the levels and compare the results with current standard specified in the Municipal Code for public and open space uses. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal dated May 12, 2000, 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. 8. 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 right 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 Resolution 2001-270 Page 5 Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 9. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 10. Upon cessation of the business operations and use of the light standard for antennas 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 antennas from the light standard and equipment fi.om the storage building. Any changes on the conditional use permit shall require modification. 11. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's 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 an 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. 12. Prior to issuance of a building permit, the applicant shall submit a site plan which identifies any and all existing site features which are anticipated to be disturbed/disrupted by construction activity related to the project and appropriate notes and construction details which describe the construction methods and materials to be utilized to restore site features to original condition. Said site plan is subject to the review and approval by the Director of Public Works and the Director of Parks and Recreation or their designees prior to issuance of building permit. 13. This permit shall expire five (5) years after the date of its approval. After the first five (5) years, Planning staff shall review this conditional use permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant, whether the project shall be modified from its original approval. 14. Project site shall be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of approval. 15. 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 C.V.M.C. regarding graffiti control. Resolution 2001-270 - Page 6 16. The power source for the project shall be independent of existing site facilities. Electrical service connections and the locations of related components such as meters and transformers shall be coordinated with SDG&E and City of Chula Vista Electrician prior to issuance of building permit. Disruption of existing site improvements and facilities, including site landscaping improvements, resulting from the installation of said electrical services shall be replaced/repaired in kind subject to the approval of the Director of Public Works, Director of Planning and Building, and Director of Parks and Recreation or designees. 17. Damage of existing park grounds and/or facilities resulting from the installation and/or maintenance of the antenna and equipment building including but not limited to turf areas, walkways, irrigation systems, any and all site utilities and fixtures shall be replaced in kind and under the authority and supervision of the Director of Public Works and Director of Parks and Recreation or designees. 18. Installation and scheduled maintenance of the antenna and related components shall be coordinated with parks operation personnel and on-site recreation staff prior to commencement of work to minimize the potential for conflicts with recreation programs occurring at the site. 19. Any disruption or interruption of site service resulting from the installation of and/or continued maintenance of the antenna and related components shall be mitigated to the satisfaction of the Director of Public Works and Director of Parks and Recreation or Designees. H. ADDITIONAL TERMS AND PROVISIONS TO GRANT 1. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 2. A copy of this resolution shall be recorded against the property. 3. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. I. 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 returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/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 Office of the City Clerk. EXHIBIT A 711! ROHR PARK CHULA VISTA MUNICIPAL GOLF COURSE BONITA CENTER ALLt~N ELEMENTARY SCHOOL WATER CHULA VISTA PLANNING AND BUILDING DEPARTMENT PROJECT COX/SPRINT PCS PROJ E~T DF-~G~i~' i ioN;  APPUCANT: PRO:ECT Rohr Park, CONDITIONAL USE PERMIT ADDRESS: 4548 Sweetwater Road Request: Proposed wireless telecommunications facility consisting of up to (9) panel antennas mounted on SCALE: FILE NUMBER: a 72 foot light standard. All equipment will be located NORTH No Scale PCC 00-58 on the ground adjacent to the base of the pole, C:\myfiles\lo cators\PCC0058.cd r 01/05/01 Resolution 2001-270 Page 7 Signature of Representative of Date Cox/Sprint PCS J. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. K. ADDITIONAL TERM OF GRANT This permit shall expire five (5) 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 antenna height can be lowered. L. 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 Robert A. Leiter Planning and Building Director c~Gfty Attorney Resolution 2001-270 - Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of August, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Itortor~Mayor ~ ATTEST: 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. 2001-270 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of August, 2001. Executed this 14th day of August, 2001. Susan Bigelow, City CleYk