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PC AGENDA PACKET 2012/03/28 (2)
SCANNED AGENDA MEETING OF THE ~ ~ 3 ^ / PLANNING COMMISSION Date OF THE CITY OF CHULA VISTA Council Chambers 6:00 p.m. 276 Fourth Avenue Wednesday March 28 2012 Chula Vista, CA CALL TO ORDER: ROLL CALL/MOTIONS TO EXCUSE: Planning Commission: Spethman_ Calvo_Anaya_ Moctezuma_ Vinson Felber Liuag MOTIONS TO EXCUSE: PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE: OPENING STATEMENT: APPROVAL OF MINUTES: March 14, 2012 PUBLIC COMMENTS: Opportunityfor members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction, but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. CONSENT ITEMS: The Chair may entertain requests by staff to continue an agenda item. The Chair may also entertain a recommendation by a Commissioner to approve certain non-controversial agenda items as Consent items. Notwithstanding the foregoing, an agenda item listed as a Public Hearing may not be acted upon by the Commission as a Consent Item. Public Hearing items shall be heard by the Commission as a Public Hearing. PUBLIC HEARINGS: 1. Public Hearing: PCC 09-06; Consideration of a Conditional Use Permit to install, use, and maintain an unmanned Wireless Communications Facility (WTF) consisting of twelve (12) panel antennas mounted on a 45-ft high antenna structure designed to resemble a palm tree (Monopalm) and associated equipment located within the existing church parking lot at 1265 Nolan Avenue. Applicant: Verizon Wireless Project Manager: Caroline Young, Associate Planner Plannin Commission - 2 - March 28, 2012 Materials provided to the Planning Commission related to any item on this agenda are available for public review in the Planning and Building Department located at 276 Fourth Avenue during normal business hours. OTHER BUSINESS: m DIRECTOR'S REPORT: a COMMISSION COMMENTS Adjournment: To a Regular Planning Commission on April 11, 2012. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying witMhe American with Disabilities Act (ADA), requests individuals who require special accommodationsto access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. 276 Fourth Avenue March 14, 2012 Chula Vista, California CALL TO ORDER: ROLL CALL /MOTION TO EXCUSE: Members Present: Spethman, Calvo, Anaya, Vinson, Felber, Liuag Members Absent: Moctezuma MSC (Vinson/Felber)(6-0-0-1) to excuse Cmr. Moctezuma. Motion carried. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE: APPROVAL OF MINUTES: January 11, 2012 MSC (Felber/Vinson) (6-0-0-1) to approve minutes of January 11, 2012 as submitted. Motion carried. INTRODUCTORY REMARKS: Read into the record by Chair Spethman ORAL COMMUNICATION: No public input CONSENT ITEMS: Director Halbert requested that Item 3 (PCC 09-06 Consideration of a Conditional Use Permit for a Wireless Communications Facility) be continued to a date certain of March 28. The Planning Commission accepted the continuance. PUBLIC HEARINGS: 1. Public Hearing: Consideration of: 1. Mitigated Negative Declaration (IS SO-09); 2. Amendments to the Otay Ranch General Development Plan (PCM 10-29) 3. Amendments to the Villages 2, 3 and a Portion of Village 4 Sectional Planning Area Plan (PCM 1030) including the Planned Community District Regulations and Village Design Plan to reflect the increase of 197 residential units within Village 2. The project also includes a Supplemental Public Facilities Finance Plan; and 4. Tentative Map (PCS 11-01) for neighborhoods R-7A and R-9A located south of Olympic Parkway and west of La Media Road. Cmr. Calvo recused herself from the dais. Planning Commission Minutes -2- March 14, 2012 Background: Stan Donn reported that Otay Ranch New Homes, LLC is proposing to add 197 residential units within Villages 2, 3 and a portion of 4, which would require amendments to the Otay Ranch GDP and associated regulatory documents and Tentative Map for Neighborhoods R-7A and R-9A. During 2006-07, a number of neighborhoods within Village 2 North were graded and partial utilities installed. Due to the economic downturn, the build-out of these parcels was not completed. Based on current market conditions, the product types originally anticipated for these neighborhoods are no longer economically viable, therefore, the applicant is proposing detached single-family homes on lots that are smaller in size and a higher density within the multi-family R-28 and R-29 neighborhoods. Staff Recommendation: That the Planning Commission adopt resolution recommending that the City Council: 1. Consider the Mitigated Negative Declaration (IS 10-09) 2. Approve amendments to the OR GDP and Village 2 SPA Plan and regulatory documents 3. Approve Ordinance for amendments to the PC District Regulations & Land Use District Map 4. Approve Resolution for Tentative Map (PCS 11-01) subject to conditions & findings therein Public hearing opened and closed. 6:23:51 PM Ranie Hunter gave an overview of the history and what it has evolved into under current housing trends, product-type and lending practices. Commission Comments: 6:32:58 PM Cmr. Liuag stated he can appreciate the project design and developer's due diligence to serve a new home-buyer market, however, he is concerned with growth management issues that comes with an increase in density. Director Halbert stated that the City's intent is to ensure that infrastructure is phased in a way that supports upcoming development. The City is committed to ensuring that infrastructure can support future increases in density up to the build-out of Otay Ranch. Furthermore, our Growth Management Ordinance provides asafety-net and the ability to call a moratorium on development until the infrastructure is set in place. MSC (Felber/Vinson)(4-1-1-1) That the Planning Commission adopt resolution recommending that the City Council: 1. Consider the Mitigated Negative Declaration (IS 10-09) 2. Approve amendments to the OR GDP and Village 2 SPA Plan and regulatory documents 3. Approve Ordinance for amendments to the PC District Regulations & Land Use District Map 4. Approve Resolution for Tentative Map (PCS 11-01) subject to conditions & findings therein. Motion carried with Cmr. Liuag voting against it. Planning Commission Minutes -3- March 14, 2012 2. Public Hearing: PCZ 12-02; Consideration to rezone a total of 21 lots located on the west wide of Second Avenue, between I and J Streets, from Single Family Residential (R1- 7) to Single-Family Residential (R1-15) Background: Steve Power, reported that at the October 20, 2009 City Council meeting, residents from the subject area expressed concern with an application to subdivide a large lot in that area because of the effects that such infill projects have on the character of the neighborhood. In November of 2009, at the directive of the City Council, staff mailed out a survey to the affected property owners to evaluate their interest in having their parcels down-zoned from Rl-7 (1 S-F dwelling per 7,000 sf lot) to R1-16 (1 S-F dwelling per 15,000 sf lot). At the same time, the property owners circulated their own petition requesting that the City down-zone their parcels. The results of both the petition and the survey indicated that 12 out of 21 property owners indicated a willingness to down-zone their properties to R1-16. In 2011, concerned residents again surveyed property owners in the area and submitted to the City the signatures of the majority (14 out of 21) who are in favor of the rezone. On November 1, 2011, the City Council directed staff to initiate a rezone to change the existing Rl-7 zone to R1-15 for the west side of the 600 block of Second Avenue. Staff Recommendation: That the Planning Commission adopt Resolution PCZ 12-02, recommending that the City Council amend the Zoning Map Section 19.18.010 to rezone 21 single-family lots located in the 600 block and west side of Second Avenue, from an existing Rl-7 to R1-15 Zone, based on the findings contained therein. Commission Discussion: Cmr. Spethman stated he did a visual assessment of the target area and noted that many of the lots already have more than one residence on them; he was curious to know how many of those owners, who signed the petition in favor of the down-zone, have already had the benefit of subdividing their lot. A discussion ensued regarding the breakdown of those who signed the petition; who were in support, against and non-responsive to the down-zone and the practicality of excluding the four who are against the rezone Public Hearing Opened: 7:03:52 PM Corinne McCall, 642 Second Avenue gave a presentation consisting of property printouts with lot sizes and accompanied by photographs of each parcel in the subject area. Ms. McCall stressed that this is one of the most historic neighborhoods in Chula Vista with large lots that are very lucrative for developers to buy and subdivide them to their fullest capacity. She urged the Commission to recommend approval of the rezone. The following individuals addressed the Commission and spoke in support of the rezone: Peter Watry, Glenda De Vaney, and Eric Fotiadi. Planning Commission Minutes -4- March 14, 2012 Commission Comments: Cmr. Felber stated he understands the concerns with preserving the character of the neighborhood; yet struggles with the property rights of the four who oppose the downzone, while three of them have already split their lot and then there's the one remaining who hasn't yet subdivided his lot. Cmr. Felber asked staff if there was any other option that could be considered. Mr. Halbert stated the other option would be the establishment of a historic district, however, in many ways that could be more onerous for a property owner within that historic district because it could affect such things as architecture and even down to the color of paint you can use. Staff did consider a historic district and since this is Council driven its being done under the General Fund. Setting up a historic district would be far more expensive to process than a rezone, which is a fairly simple thing to do. Steve Power clarified that the original survey conducted by staff in 2009 has been superseded by the latest survey conducted by the proponents and is the basis by which the City Council then directed staff in 2011 to proceed with the rezone. Cmr. Anaya stated he's appreciative of the efforts to preserve the history of our City, yet the property rights issue weighs heavy on him. He would have liked a more complete and objective survey conducted by staff with disclosure of the reasons why there is opposition. Cmr. Calvo stated she is an ardent supporter of preserving the historical element of this area and also served on the Historic Advisory Committee, however, she doesn't believe that rezoning is a vehicle to preserving the character of a neighborhood. She too shares some of the concerns previously stated with regard to infringing upon individual property rights. Cmr. liuag stated he understands the minority's rights, but the majority have rights too and if the majority would rather downzone to R1-16, their rights need to be equally weighed. He offered a compromise to split the block and have the parcels south of 626 be rezoned to R1-15 and from parcel 626 north they remain R1-7. Cmr. Spethman stated this is a difficult dilemma because he doesn't want to take away property rights even of one individual who opposes the rezone. He indicated that perhaps he would be a bit more sanguine about this issue were it not for the fact that the majority of the proponents have already taken advantage of their ability to subdivide under current statutes and now want to downzone irrespective of a minority who oppose. Cmr. Vinson concurs with issues over property rights and would've liked to have staff walk the neighborhood and personally speak with as many property owners as possible. MSC (Vinson/Anaya) that the Planning Commission recommends to the City Council denial of the rezone. Cmr. ~iuag offered an amendment to the motion recommending that the parcels starting with 626 to the north up to I Street remain Rl-7 and the parcels south of 626 to J Street be rezoned to R1-16. Planning Commission Minutes -5- March 14, 2012 Attorney Shirey clarified the proper order of action to consider Cmr. Liuag's amendment and also asked for clarification from staff as to the legality of doing "spot-zoning". Director Halbert clarified that staff would not be concerned with Cmr. Liuag's proposed amendment because it would be contiguous to Rl-7, therefore, would not be considered "spot-zoning". Motion died for lack of a second. The Chair called for the question. MSC (Vinson/Anaya)(5-1-0-i) that the Planning Commission recommend to the City Council denial of the rezone. Motion carried with Cmr. I.iuag voting against it. Adjournment: To a regular Planning Commission meeting on March 28, 2012. C H U L A VISTA - , PLANNING ~~t. ~ COMMISSION , ~ ~ ~ ~ 1 AGENDA STATEMENT ~ ~ ~ Item: Meeting Date:03/28/12 ITEM TITLE: Public Hearing: PCC-09-006 Consideration of a Conditional Use Permit to install, use, and maintain an unmanned Wireless Communications Facility (WTF) consisting of twelve (12) panel antennas mounted on a 45-ft high antenna structure designed to resemble a palm tree (monopalm) and associated equipment located within the existing church parking lot at 1265 Nolan Avenue. Applicant: Verizon Wireless SUBMITTED BY: Assistant City Manager/Director of Development Services INTRODUCTION The Applicant has submitted a Conditional Use Permit application that consists of an unmanned Wireless Telecommunications Facility consisting of twelve (12) panel antennas mounted on a 4S-ft high antenna structure designed to resemble a palm tree and associated equipment. The site is located at 1265 Nolan Avenue (see Locator Map, Attachment 1). ENVIRONMENTAL REVIEW Planning Staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303, new construction or conversion of small structures of the State CEQA Guidelines. Thus, no further environmental review is required. RECOMMENDATION That the Planning Commission adopt Resolution PCC-09-006, approving an unmanned Wireless Telecommunications Facility consisting of twelve (12) panel antennas mounted on an antenna structure designed to resemble a palm tree and associated equipment, based on the findings and subject to the conditions listed in the attached resolution. DISCUSSION Project Site Characteristics: The 0.97-acre project site is located at 1256 Nolan Avenue and is adjacent to residential homes. The Project is proposed within the parking lot of the existing church. The existing surrounding land uses are as follows: PCC-09-006 Page No. 2 General Plan Zonin Current Land Use Site: Residential Low Meditun Single-Family Residential Church North: Residential Low Medium Single-Family Residential Single-Family Homes South: Residential Low Medium Single-Family Residential Single-Family Homes East: Residential Low Medium Single-Family Residential Single-Family Homes West: Residential Low Medium Single-Family Residential School Project Description Verizon Wireless proposes to construct an unmanned Wireless Telecommunications Facility consisting of twelve (12) panel antennas mounted on a 45-ft high antenna structure designed to resemble a palm tree (monopalm). The monopalm, which is designed to support 12 panel antennas plus a future carrier, will be located within the parking lot area of the existing church (see Attachment 4, Project Plans). The facility also includes a 512 squaze-foot equipment shelter located along the southeast corner of the property. The shelter will consist of a concrete block wall with a chain link lid and a steel access gate enclosing the equipment designed to screen the equipment from public view. In order to place the monopalm in the landscape island, the existing palm tree will be removed and replaced with a new palm h~ee placed in the northern portion of the planter. Three additional trees will be placed along Nolan Avenue to provide additional landscaping screening for the monopalm. Analysis In accordance with Chula Vista Mtmicipal Code (CVMC) Chapter 19.89, Wireless Telecommunications Facilities, wireless telecommunications facilities are allowed in any zone and are subject to a Conditional Use Pennit (CUP). Facilities that exceed the height limit within the particular zone require approval of a CUP by the Planning Commission. The project site is zoned Single-Family Residential (Rl), which has a maximum height limit of 28 feet. The 45-foot tall monopalm exceeds the maximum height limit by 17 feet. Staff and the applicant worked together in order to minimize the impact of the equipment enclosure and monopalm to the site and surrounding neighborhood. The enclosure will be built in the southeast corner of the property to minimize the impact to the existing parking lot of the church. According to the Noise Impact Analysis, the equipment enclosure as built will comply with the City of Chula Vista Noise Standards. The 45-ft high monopalm will be placed next to an existing 30-ft palm tree and other trees along Nolan Avenue. The proposed monopalm and associated equipment will be built to comply with the Wireless Ordinance's development criteria and all other City zoning and building regulations. Access to the site shall be kept at a minimum and conducted in a manner that does not negatively impact the residents. PCC-09-006 Page No. 3 Public Comments On March 5, 2012 we received a phone call from one of the residents expressing concern regarding possible electro magnetic emissions from the monopalm. A letter was received on March 12, 20L from another resident (see Attachment 3) expressing concern with the location of the monopalm within the neighborhood, radiation levels, and decline in home values due to the esthetics. Wireless Telecommunication sites are required to comply with the guidelines of the Telecommunications Act of 1996 for electro magnetic emissions (EME). Therefore, the project will not present a health hazazd to the public. Design Criteria for Wireless Facilities The following provides an analysis of the Development Criteria in accordance with CVMC Section 19.89.060, the regulations for all wireless telecommunications facilities in terms of height, design, and co-location of wireless facilities. Height The proposed facility is designed to provide wireless telephone coverage for customers in the vicinity of Telegraph Canyon Road, L Street and surrounding neighborhood. Verizon Wireless radio engineers have determined that in order to meet the goal, the proposed 45-foot tall monopalm and 12 antennas are necessary to provide uninterrupted coverage to their customers. Also, this taller facility with multiple antennas will reduce the need for additional cellular facilities in the azea. Design The facility will use a total of 12 panel antennas mounted on a 45-foot high monopalm that will provide the necessary connections to operate the facility. This facility has been designed and located to meet the current and anticipated needs of the Verizon Wireless network in the azea. The facility includes a monopalm that resembles a palm tree to partially conceal the antennas. This stealth design monopalm will be located within the parking lot area of the existing church adjacent to an existing palm tree. This stealth design facility provides visual compatibility within the context of the existing parking lot landscaped design; therefore, the project design complies with the City's design standards for facility stealthing. According to Verizon Wireless engineers, this facility uses the smallest practical devices, and the most efficient technology available. Additionally, a 512 square-foot equipment building is proposed that will house equipment including radio cabinets, electrical connections, telephone comnections and battery back up. The size is typical and is average for projects of this magnihide. Lastly, the shelter can accommodate areas for future growth for new equipment as services expand and grow. The Applicant will maintain the equipment in good working order and remove any graffiti from the structures. PCC-09-006 Page No. 4 Co-location Verizon Wireless reseazched the azea for other possible locations. Due to challenging topographical challenges in Chula Vista, Verizon carefully assessed coverage needs in this area along with suitable co-location opportunities. Currently, Cleazwire has antennas located on this site with antennas located within the church's steeple. Cleazwire uses fewer antennas and smaller equipment enclosures in comparison to Verizon Wireless. Therefore, there wasn't sufficient space available within the steeple to place additional antennas in order for Verizon Wireless to effectively operate on the site. The subject site with the use of the monopaam was found to be the best option on the site. The additional height that the monopalm will provide is necessary to meet Verizon's coverage objectives to cover subscribers in all directions. Verizon Wireless has designed the monopalm to accommodate co-location in the event that another carrier needs to establish a wireless facility in the vicinity and at the height provided by the structure. DECISION-MAKER CONFLICTS: No Property within 500 feet Staff has reviewed the property holdings of the Planning Commissioners and has found no property holdings within 500 feet of the boundazies of the property which is the subject of this action. CONCLUSION: The project is consistent with the goals and policies of the General Plan and associated documents. Based on the preceding information in this report, the use is desirable to meet the needs of the residents in the surrounding areas. Staff recommends the Planning Commission approve Conditional Use Permit, PCC-09-006, an unmanned Wireless Telecommunications Facility consisting of twelve (12) panel antennas mounted on a 4~-ft high antenna structure designed to resemble a palm tree and associated equipment, subject to the conditions listed in the attached Resolution. FISCAL IMPACT The application fees and processing costs are paid for by the Applicant. ATTACHMENTS 1. Locator Map Z. Planning Commission Resolution PCC-09-006 3. Resident Letter 3. Disclosure Statement 4. Project Plans Prepared by: Caroline Young, Associate Planner, Plamiing Division s c r t O~ ct~ ~ i Epst p,~otd St ~ i Y' Z i p i 9 b ~O OpkCt t Z O O $ 2 ~ 4 N. ~ Q 7T 0.+ ~ ~ C. L N G O ~ ~~e~dp St 030 i m' n 0 q 001ECT O CATION ~ Pptpmpt St m Qptkpt Palomar Elementary School Palomar Parl< EQp\steV St CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Oran a Hills/ Vefi200 Wireless PROJECT DESCRIPTION: rwPUCnNr: g CONDITIONAL USE PERMIT PROJECT Project Description: Proposal to install, use, and maintain an unmanned nooRESS: 1265 Nolan Av wireless communications facility consisting of 12 antennas mounted on scnLE: PILE NuMeER: a 45 ft. high monopalm and associated equipment. NORTH No Scale PCC-09-006 Related cases: IS-09-004 L:\Gabe Files\locators\pcc09006.cdr 02.23.12 ATTACHMENT 1 RESOLUTION PCC-09-006 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-09-006, A REQUEST TO CONSTRUCT AND OPERATE AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY AT 1265 NOLAN AVENUE - VERIZON WIRELESS WHEREAS, a duly verified application for a Conditional Use Permit (PCC-09- 006) was filed with the City of Chula Vista Development Services Department on October 1, 2008 by Verizon Wireless (Applicant); and WHEREAS, Applicant requests permission to construct and operate an unmanned wireless telecommunications facility (WTF) supporting 3 sectors with 4 antennas each for a total of twelve (L) antennas mounted on a 45-ft high antenna structure designed to resemble a palm tree (monopalm) and an equipment building in a Single Family Residential (R-1) Zone; and WHEREAS, the area leased by Verizon Wireless, is the subject matter of this resolution, and for the purpose of general description is located at 1265 Nolan Avenue, Chula Vista CA 91910 (Project Site); and WHEREAS, Planning Staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303, new construction or conversion of small structures of the State CEQA Guidelines; and WHEREAS, the Development Services Department Director set the time and place for a heazing on the Conditional Use Permit, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the Project Site at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., March 28, 2012, in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on March 28, 2012, as set forth in the record of its proceedings therein, and having made certain findings, as set forth in their Resolution PCC-09-006 recommends approval of the Project, based on certain terms and conditions. Attaclunent 2 PCC-09-006 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves Conditional Use Permit PCC-09-006 in accordance with the findings and subject to the conditions contained in this Resolution. L ENVIRONMENTAL DETERMINATION The Planning Commission has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and in the exercise of its independent judgment, as set forth in the record of its proceedings, hereby finds and determines that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303, new construction or conversion of small structures of the State CEQA Guidelines, and therefore, no environmental review is required. II. CONDITIONAL USE PERMIT FINDINGS 1. That the proposed use at this 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. Verizon's wireless telecommunication facility on the Project Site will provide expanded wireless communication services to the local Southwestern Chula Vista Castle Park and Orange Hills communities including commercial, residential and public facilities. The Project Site is desirable because it will improve the wireless communication as a public convenience by providing essential communication and improved service in the surrounding azea of its location. It will not interfere with any existing activities of conveniences of the public, and will continue to aid in the general well being of the community by providing uninterrupted wireless service for the nearby communities. 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. The use will improve and continue to provide a choice in wireless communication reliability in the use's coverage area. In the event of an emergency or natural disaster, the use will be able to continue to fimetion, which can help to enhance the general health, safety, and welfare of the citizens of Chula Vista. According to the Noise Analysis dated December 12, 2011, the equipment enclosure, as built, shall comply with the City of Chula Vista Noise Standards. 3. That the proposed use will comply with the regulations and conditions specified in the Chula Vista Municipal Code for such use. The use requires the Applicant and Property Owner to fulfill conditions and to comply with all applicable regulations and standards specified in the City's Wireless Ordinance of the CVMC for such use. The use shall comply with the City's Wireless Ordinance PCC-09-006 Page 3 development criteria and all other City zoning and building regulations. The conditions of this permit are approximately in proportion to the nature and extent of the impact created by the use in that the conditions imposed are directly related to, and of a nature and scope related to the size and impact of the use. The use complies with all regulations and conditions specified in the CVMC as established under Conditional Use Permit PCC-09- 006. 4. That the granting of this conditional use permit will not adversety affect the General Plan of the City or the adopted plan of any governmental agency. The integration of wireless facilities with existing uses helps to achieve General Plan Objective, Public Facilities and Services Element (PFS) 24.2, of reviewing new telecommunications facilities and request siting and design techniques that minimize community impacts. III. PROJECT CONDITIONS OF APPROVAL I. The following shall be accomplished to the satisfaction of the Development Services Director, or designee, prior to issuance of building permits, unless otherwise specified: Planning Division 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1544. 3. The Applicant shall maintain the design of the metal door on the equipment enclosure by providing the appropriate acoustical seals around the door as noted in the Noise Study Analysis. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. The Applicant shall constntct and maintain the Project in accordance with the approved plans for PCC-09-006, date stamped on March 22, 2012, which includes site plans, architechiral elevations and floor plans on file in the Planning Division, the conditions contained herein, and Title 19. 2. All landscaping and hardscape improvements shall be installed and maintained in accordance with the approved landscape plan. PCC-09-006 Page 4 3. The Project shall comply with the City of Chula Vista Municipal Code Section 19.68, Performance Standards and Noise Control. 4. The conditions of approval for this Conditional Use Permit shall be applied to the subject property until such time approval is revoked, and the existence of this approval with conditions shall be recorded with the title of the property. 5. Approval of the Conditional Use Permit shall not act to waive compliance with any sections of Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at the time of building permit issuance. 6. The Applicant shall execute this Conditional Use Permit acknowledging that the subject telecommunications use is the only use that has been approved and is authorized on the subject site. Any minor modification/expansion of uses shall be subject to the review and approval of the Zoning Administrator. 7. The Applicant shall cooperate with telecommunications companies in co-locating additional antennas on the subject site provided said co-locators have received a Conditional Use Permit for such use at said site from the City. Applicant 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 tecluiical 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 Applicant has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of the Applicant. 8. Within 90 days of cessation of the business operations and use of the antemias, the Applicant shall submit a substitute user to the satisfaction of the Development Services Director and/or remove the Project and all associated equipment from the Project Site. If the facility is removed, then the Applicant shall restore the Project Site to its original condition. Any minor changes on the Conditional Use Permit shall require a modification to be reviewed by the Zoning Administrator. 9. The Applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (collectively, liabilities) inctured 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 Applicant/owner shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's/owner's compliance with this provision is an express condition of this approval and this provision shall be binding on any and all of applicant's/owner's successors and assigns. PCC-09-006 Page 5 10. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. 11. This Conditional Use Permit shall expire on Mazch 14, 2022, ten (10) yeazs from the date of this Planning Commission's approval. The Applicant may request an extension 30 days prior to the expiration date from this Conditional Use Permit approval. The Zoning Administrator shall review this Project for compliance with the conditions of approval and any applicable codes and regulation, and shall determine, in consultation with the Applicant, whether the Project shall be modified from its original approval, denied or extended. L. This Conditional Use Permit shall become void and ineffective if not utilized within one yeaz from the effective date thereof, in accordance with CVMC Section 19.14.260. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. IV. GOVERNMENT CODE SECTION 66020(d)(i) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to timely follow this procedure will baz any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similaz to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. PCC-09-006 Page 6 V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy rettuned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation 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. Signature of Property Owner Date Signature of Applicant Date IV. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. V. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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 fiirther force and effect. PCC-09-006 Page 7 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of March, 2012, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Michael Spethman, Chair ATTEST: Diana Vargas, Secretary Presented by: Approved as to fonn by: Gary Halbert, P.E., AICP Glen R. Googins Assistant City Manager/Development Services Director City Attorney 3-3-12 To: Planning Commission Development Services Department I~ECEIVEi.; c/o Project Manager Caroline Young CITY` OF CHULA VIS"i;:. 276 Fourth Ave P I2 Za~~ Chula Vista, CA 91910 PLANNING AND BOIL Dl~lf~ Dpi'"•' BUlLDIPlG D'\'ISh~:'I Re: Case Number PCC-09-006 I would like to express my concerns about this project. The project proposed does not seem to fit the neighborhood above the concerns of being an eyesore even though the tower would be masked as a "monopalm", a fake (palm tree)? Perhaps a better location for this construct would be at the nearby Palomar Elementary school away from this neighborhood. My home sits right behind this proposed structure. There have been concerns over cell towers and cell phone radiation levels over the years and it seems that this telecommunications facility could be associated with those concerns. Additionally, being very close to this neighborhood could disrupt other electronic communications or even wireless communication devices by the power emitted from this facility being close to my house and this neighborhood. Home values are already down as everyone knows and with a facility like this, may draw concerns as listed above which may have an additional impact on home values to the downside in our neighborhood in particular. In short 1 oppose this facility. The applicant church at 1265 Nolan Ave does not need this facility which would disrupt and disturb homeowners in the area. Thank You, Alan O'Riley 1278 Sonoma Ct., Chula Vista, Ca 91911 Attachment 3 ti~~r~ P l a n n i n g B u i l d i n g D e p a r t m e n t CfTY OP Planning Division ~ Oeveloprnent Processing CHU1A VISTA APPLICATIOiII APPENDIX B Disclosure Statement Pursuant to Council Policy 101-D1, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other oFficiai bodies of the City, a statement of disclosure of certa'n ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must 6e filed. 1:. ~ following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Verizon Wireless Chula Ysta Bible BapOst Church y5:afsaria cvny,mrx,ue. 12&5 Nalan Avenue Irvine CA 92718 Chula Vista, CA 91911 2. If any person" identified pursuant to (1) above is a corporation or partnership, list. the names of all individuals with a $2000 investment in the business (corporation/padnership) entity. Unknavm - WA 3. If any person` identified pdfsuarit (o (1) above isavon-profit organization or trust, list the names of any person serving as director ot~tlie'ndri-profit brganizatian or as trustee orbeneficlary or trustor of the crust. Pastor Or. ft:G: Wetzel 4. Please ideritity every person; inoluding any agents, employees, consultants, or independent contractors you have assigned fo represent you before the City in ihismatier. Planmm Inc. -1Cerrlgan 0)efiI & Shelly Kpboum 5. Has any person''associated with this contract Fiad any finanrial dealings with an official" of the City of Chula Vista as itrelates to,this contractwithin the past 12 months. Yes. .No x If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more Than $250 within the past twelve (12) months to a current member of fhe Chula Vista City Council? No x Yes _ If yes, which Council member? 276 fourth Avenue ~ Chula Vista ( California ~ 97410 ~ (679) 591-5"107 Attachment 4 ~~I// P l a n n i n g & B u i l rl i n g D e p a r t m e n t CRY OF Planning Division ~ Development Processing CHUTA VISTA APPLICATION APPENDIX B Disclosure Statement -Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an offic. I" of the City of Chula Vista in the past twelve (t2) months? (This includes heing a srnuce of income, money to r;:~tire a legal debt, gift, loan, etc.) Yes_ Nox If Yes, which official" and what was the nature of item provided? ~i f~'~ Date: March t, 2012 ~..~-•K - r[„/,,,a~t,.~,i~~ Signature of Contractor/Applicant Kerrigan Diehl, Plancom Inc, agent for Vedzon Wireless print or type name of Contractor/Applicant ' Person is defined as: any individual, firm, copartnership, joint venture, association, social dub, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. 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