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HomeMy WebLinkAboutReso 1999-19721 DOC 2000-0056 2 FEB 03, 2000 9: 14 A~4 ' Recording requested 18 3 1 OFFICIAL RECORDS by: SAN DIEGO COUNTY RECORDER'S OFFICE City of Chula Vista GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 to: City Clerk's Office City of Chula Vista 2ooo-oo56424 P. 0. Box 1087 Chula Vista, CA 91912 This space for Recorder's use only RESOLUTION NO. 19721 RESOLUTION NO. 19721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-00-08, TO GTE WORLDWIDE TELECOMMLrNICATION SERVICES TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 700 EAST NAPLES STREET 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 th: City Clerk and for the purpose of general description is located at Veteran's Home of California at Chula Vista, 700 East Naples Street ("Project Site"); and 2. Project Applicant WHEREAS, on August 31, 1999, a duly verified application for a conditional use permit (PCC-00-08) was filed with the City of Chula Vista Planning Division by GTE Worldwide Telecommunications (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct an unmanned cellular communications facility consisting ofa 31-foot high monopole. The facility will consist of one monopole with two panel directional antennas, with a 200 square foot equipment building on the Project Site; and 4. Planning Commission Record on Application WHEREAS, the Planning Commission scheduled and advertised a public hearing on tee Project for November 17, 1999, and WHEREAS, the Planning Commission meeting of November 17, 1999 considered a metion to support staff's recommendation for the monopole; and 5. 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 December 14, 1999, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: 1833 Resolution 19721 Page 2 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 November 17, 1999 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRON1VIENTAL DETERMINATION The Environmental Review Coordinator has concluded that the project is a Class 1 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 ErR. 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 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 eastern Chula Vista, specifically providing service for the Telegraph Canyon Road area near 1-805. 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. According to study submitted by the applicant, cellular communications operate on low-power radio waves. 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. -' Resolution 19721 Page 3 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-00-08 requires the permittee to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of PCC-00-08 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. The granting of PCC-00-08 will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a public/quasi-public site. The site is surrounded by residential, commercial and public/quasi uses, said uses conforming with the General Plan. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-00-08 subject to the following conditions whereby the applicant and/or property owner shall: 1. Construct the Project as described in the application (including installing landscaping in accordance with Plans No. PCC-00-08), except as modified herein to allow for the monopole design, storage/equipment building and emergency geuerator. 2, The monopole shall maintain a design and color that is similar to other light poles on the Veteran's Home site. 3. Applicant shall 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. 4. 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 : · I 1 35 Resolution 19721 Page 4 .. antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall 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 pertnit. 5. 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 pertnit. 6. Upon completion of construction, provide one 2A: 10BC fire extinguisher at a location satisfactory to the Fire Marshal. 7. Obtain all necessary permits froln the Chula Vista Building Department and Fire Department. 8. The applicant shall use anti-graffiti paint for the equipment building. 9. 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 ~neasurements of facility noises. The report shall quantify the levels and compare the results with current standard specified in the Municipal Code for residential uses. S~id report shall be subject to review and approval by the Director of Planning and Building for consi31ency with the project proposal dated August 31, 1999, 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. 10. This Conditional Use Permit services a defined service radius as identified in the development application submittal for PCC-00-08 and identified as "GTE Wireless- Telegraph Canyon - Coverage Area - Figure 8." If the Applicant requests a second tower within the same service radius, the Applicant shall be required to amend this Conditional Use Permit. 11. 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 Perlnittee can not, in the normal operation of the use permitted, be expected to economically recover. 1836 Resolution 19721 Page 5 .- 12. 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. 13. The Applicant shall remove the monopole and return the site back to its original condition within ninety (90) days of cessation of use of the monopole. 14. 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, 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 issoance 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 acopy ofthis Conditional UsePennit 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. 1. Project site shall be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of x approval. 2. Project site shall be regularly maintained and kept free ofgraffiti. Anti-graffiti paint shall be applied to all structures associated with this project. 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 returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days ofrecordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding app~icati~nf~rbuildingpermitsand/~rabusiness~icense~behe~dinabeyan~ewith~utappr~va~. Said document will also be on file in the office of the City Clerk. ff~.nta~e Sig~ ' e o GTE Worldwide Telecommunications Services Resolution 19721 Page 6 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 height 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. J. 1NVAL1DITY; 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 1838 Resolution 19721 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14' day of December, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS: C ouncilmembers: None ABSENT: Councilmembers: None Shirl~ayord~ ATTEST: 1 Susan Bigelow, City C erk 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. 19721 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 December, 1999. Executed this 14m day of December, 1999. Susan Bigelow, City Clerk 1839 STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) d On this '7.; ay of ,199_~, before me, Alex J. Cho, a Notary Public in and for the State of California, duly commissioned and sworn, personally appeared Mark Bullard, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day Place Notary Seal Above My appointment expires August 21,2003