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HomeMy WebLinkAboutPCC 2009-06 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 lt2) antennas mounted on a 45-ft high antenna structure designed to resemble a palm tree (nronopalm) and an equipment building in a Single Family Residential (K-i~ 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 hearing 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 exteriar 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, PCC-09-006 Page 2 NOW, THEREFORE, BE II 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 I. 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 function, 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 f'or' such use. the use requires the Applicant and Property Owner to fulfill conditions and to comply with all applicable regulations and standazds 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 oI' this conditional use permit will not adversely 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 ~I~ 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 Iitle 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. j r 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 construct and maintain the Project in accordance with the approved plans for PCC-09-006, date stamped on March 22, 2012, which includes site plans, architectural 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 Iitle 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 technical level-ar 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 antennas, the I Applicant shall submit a substitute user to the satisfaction of the Development I 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 Administr~atar I 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) 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 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 Ihis Conditional Use Permit shall expire on March 14, 2022, ten (10) years 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 12 Ihis Conditional Use Permit shall become void and ineffective if not utilized within one year 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 ox revocation. IV. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOIICE 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 bar 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 similar to this, nor does it revive challenges to 'i 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 j County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned 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 abeyanf~ithout approval ~ Signature of Prope~y Owner Date Signatu rcant 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 i 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 i 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 mote 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 PCC-09-006 Page 7 PASSED AND APPROVED BY THE PLANNING COMMISSION OF IHE CIIY OF CHULA VISIA, CALIFORNIA., this 28th day of March, 2012, by the following vote, to-wit: AYES: Spethman, Calvo, Anaya, Vinson, Moctezuma, Felber NOES: ABSENI: Liuag ABSTAIN: AIIESI': ~ ~ Diana Vargas Michael pet n, Chair Secretary to the Plann g Commission I Presented by: i a,-, i , ~ / i Gary alber , P.E., AI P ~~ZGI R. Assistant Ci y Manager/ City y r Development Services Director