Loading...
HomeMy WebLinkAboutReso 1999-19347 RESOLUTION NO. 19347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-99-11, TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 428 BROADWAY AVENUE A. RECITALS 1. Project Site WHEREAS, the parcel which 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 428 Broadway Avenue ("Project Site"); and 2. Project Applicant WHEREAS, on September 15, 1998, a duly verified application for a conditional use permit (PCC-99-11) was filed with the City of Chula Vista Planning Department by Nextel Communications (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct an untoarmed cellular communications facility consisting of a 60-foot high monopole. The facility will consist of twelve panel antennas, three small antenna supports, with 175 square foot radio equipment building on the Project Site; and 4. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 16, 1998, and voted 5-1-0-0 recommending that the City Council approve the Project in accordance with Resolution PCC-99-11; 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 January 19, 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: 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 December 16, 1998, and the Resolution 19347 Page 2 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 1 Categorical Exemption from environmental review pursuant to §15303 and §15311 of 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 hereinbelow 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 the Chula Vista area. The Nextel Communications system is used by many public service providers including sheriff, police, fire and paramedics. The proposed facility will provide needed channel capacity in the area that will help to ensure availability, not only for general users, but for emergency service providers. The requirement for mandatory sharing will eliminate or reduce unnecessary proliferation of monopoles while providing future tower or antennae sites elsewhere in the City. 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. 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 antennas emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-99-11 is conditioned to require the permittee and property owner to fulfill conditions and to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of PCC-99-11 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. Resolution 19347 Page 3 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-99-11 will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a site predominantly surrounded by commercial zoning and multiple residential uses, said uses conforming with the General Plan. E. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-99-11 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 monopole design, excluding the palm tree design. 2. Upon construction of the monopole, the applicant shall paint the monopole structure a subdued gray shade. 3. Upon construction, the applicant shall paint the radio equipment enclosure and trim the colors of the retail/office building and adjust colors to match any future retail/office building color change. 4. After construction, replace all existing palm trees which has been damaged and other vegetation in their original location. 5. Place the antennae supports and related accessories away from the north property line, so to avoid overlapping the adjacent property on the north side. In the alternative, the applicant may submit an agreement letter between Nextel Communications and the affected property owner to the Director of Planning and Building Department for his approval prior to final inspection. 6. Prior to submitting building permit applications, submit plans for review and approval to the Zoning Administrator for colors, materials, screening and architectural integration of the antennas supports with the antenna array and radio equipment enclosure. 7. 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-locatees have received a conditional use permit for such use at said site from the City. Permittee shall exercise good faith in co-locating with other communications companies and sharing the 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. Resolution 19347 Page 4 8. Comply with ANSI standards for EMF emissions. Within six months after the issuance of its final inspection, 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. 9. 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. 10. Upon completion of construction, provide one 2A:10BC fire extinguisher at a location satisfactory to the Fire Marshal. 11. Obtain all necessary permits from the Chula Vista Building Department and Fire Department. The design of the equipment shelter and antenna array shall comply with the requirements of the Zoning Administrator and with the edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 12. Comply with the City's Municipal Code noise standards. Within three months of the issuance of the occupancy permit, the applicant shall submit a report to the Director of Planning and Building which provides cumulative field measurements of facility noise. The report shall quantify the levels and compare the results with current standard specified in the Municipal Code for residential uses. Said report shall be subject to review and approval by the Director of Planning for consistency with the project proposal report and Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 13. This Conditional Use Permit services a defined service radius if the Applicant requests a second tower within the same service radius, the Applicant shall be required to amend this Conditional Use Permit. 14. 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 Permittee can not, in the normal operation of the use permitted, be expected to economically recover, Resolution 19347 Page 5 15. 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. 16. Applicant's failure to meet ANSI standards for EMF emissions or City's Municipal Code noise standards or the interference with area reception shall constitute grounds for revocation or modification of this conditional use permit. 17. The Applicant shall remove the monopole and accessory structure and return the site back to its original condition within ninety days of cessation of use of the monopole. 18. 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 attornay'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. F. 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. Nextel Communications Resolution 19347 Page 6 G. ADDITIONAL TERM OF GRANT This permit shall expire ten years after the date of its approval by the City Council. After the first five 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. H. 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. h 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 J "' M. K Planning and Building Director ey Resolution 19347 Page 7 EXHIBIT A Resolution 19347 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of January, 1999, by the following vote: AYES: Councilmembers: Moot, Salas and Horton NAYS: Councilmembers: Davis and Padilia ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Horton~yor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19347 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of January, 1999. Executed this 19th day of January, 1999. Susan Bigelow, City Clerk~