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HomeMy WebLinkAboutReso 2001-315 ~oo~-o?2~s~ OCT 05 Recording requested by: ~ DIEGO {]SUNIY ~'~ ~IgE C~W of Chula Vbta ~S: 0.~ ~,~ ~o~,,.~ ~..~. ~ 010 Ci~ Clerk's Ci~ of Chula Vista 276 ~o~ Avenue Chula Vis~ CA 91910 RESOLUTION NO. 2001-315 Document Title ! I0S 9011 RESOLUTION NO. 2001-31 $ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT (PCC-01-69) TO SPRINT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 740 HILLTOP DRIVE 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 740 Hilltop Drive ("Project Site"); and 2. Project Applicant WHEREAS, on March 27, 2001, a duly verified application for a Conditional Use Permit (PCC-01-69) was filed with the City of Chula Vista Planning Division by 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 40-foot-high monopalm supporting nine antennas, and a 477-square-foot equipment building on the Project Site; and 4. Environmental Determination WHEREAS, the Environmental Review Coordinator determined that the Project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and 5. Planning Commission Record on Application WHEREAS, the Planning Commission hearing was scheduled and advertised for August 8, 2001, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue; and WHEREAS, the Project was continued to the August 29, 2001, Planning Commission hearing, at which time the Planning Commission voted 4-1-2-0 to recommend that the City Council approve the Project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution PCC-01-69; 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 September 18, 2001, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. 9012 Resolution 2001-315 '--~ Page 2 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 August 29, 2001, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act. D. 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 Chula Vista. The proposed monopalm antenna site will enhance service for Sprint customers along Hilltop Drive, Telegraph Canyon Road, East H, I, and J Streets, Hilltop Baptist Church, Hilltop Park, surrounding residences, and arterial streets in the general radius of the project site. Improved coverage and capacity for this system will ensure availability to business users, personal users, and emergency service providers (including sheriff, police, fire, and paramedics), thus enhancing emergency service and response, . 2. That such use will not under the cimumstances 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 proposed use will not pose a danger to the health, safety or general welfare to the general public. 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 facility will comply with the Federal standards for radio frequency emissions, and has been conditioned to require 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. 9013 Resolution 2001-315 Page 3 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 nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to and are ora 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. The granting of this pe~'mtt will not adversely aftbct the Chula Vista General Plan in that the Project is proposed to be build on a site surrounded primarily by public uses along with residential uses. Land use impact will be minimal. 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 monopalm with live palm trees will not be a visual intrusion in Chula Vista. E. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-01-69 subject to the following conditions whereby the applicant and/or property owner shall: 1. Construct the Project as shown or described in the application, elevations, photo simulations and other exhibits submitted for review at the City Council public hearing dated September 18, 2001. The monopalm shall be no taller than 40 feet, and shall support no more than nine antennas. The telephone, electrical and radio equipment shall be placed inside a new 477-square-foot building directly south of the proposed monopalm, and shall match the existing equipment building for the Nextel wireless communication facility. Two live Washingtonia palm trees, each at least 20-feet-high, shall be planted near the proposed monopalm to create a clustered effect. 2. Cooperate in good faith with other communications companies in .co-locating additional antennas on subject property provided said co-loca~ees h~c~e ieceived 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 9014 Resolution 2001-315 Page 4 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 standards specified in the Municipal Code for residential uses. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal dated March 27, 2001 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 fight to be heard with regard thereto. However, the City, in exercising this reserved fight/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee can not, in the normal operation of the use permitted, be expected to econonfically 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 monopalm from the site and equipment from 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 9015 Resolution 2001-31 $ Page 5 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 -~ssign~. 12. Project site shall be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of approval. 13. 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. 14. Prior to issuance of building permits, submit an irrigation plan to the city's landscape planner for review and approval. 15. After installation of the monopalm, equipment building, and live palm trees, 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 worn over time or as a result of adverse weather effects, as viewed by the Director of Pla~ing and Building. 16. In the event that any damage occurs to the monopalm, equipment building, or landscape elements, or the design of the Hilltop Baptist Church should be altered, the applicant shall appropriately upgrade, repair or replace the said improvements to the satisfaction of the Director of Planning and Building, and in an expeditious manner and timeframe approved by the C:.ty. The applicant shall remove any emergency equi~memt wi~in 24 hours of being requested by the City. F. ADDITIONAL TERIVlS 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. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Resolution 2001-315 Page 6 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. Signature o~--Repres~ntative of d4~o6.5' Date Sprint PCS '7/' - H. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the City Clerk. I. 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. 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 Robert A. Leiter John M. Kaheny Planning and Building Director City Attorney 9017 Resolution 2001-315 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of September, 2001, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla Shirley Hortori; Mayor ATTEST: Susan Bigelo~', 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. 2001-315 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of September, 2001. Executed this 18th day of September, 2001. Susan Bigelow, City Clerk ~- HILLTOP © ELEMENTARY SCHOOL SINGLE FAMILY DWELLING LOCMION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT SPRINT PCS/GIANNI ASSOCIATES PROJECT DESCRIPTION:  ApplICANT: CONDITIONAL USE PERMIT PROJECT 740 HILLTOP DR ADDRESS: Request: Proposal for telecommunication monopole SC. ALE: FILE. NUMBER: ~ Lat the existing church site. NORTH No Scale PCC-01-89 ~ I Related Case: IS-01-048 c:cherryl\pccO169.cdr 4.18.01 " - ~ ATTACItMENTA