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HomeMy WebLinkAboutPCC 2009-52 RESOLUTION NO. PCC-09-052 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT, PCC-09-052 TO INSTALL, USE, AND 1VIAINTAIN AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY (WTF) CONSISTING OF TWELVE (12) PANEL ANTENNAS MOUNTED ON A 50-FT HIGH ANTENNA STRUCTURE DESIGNED TO RESEMBLE A PINE TREE (MONOPINE) AND ASSOCIATED EQUIPMENT ADJACENT TO CHERVIL COURT BETWEEN SESAME STREET AND PASEO LADERA. APPLICANT: VERIZON WIRELESS. WHEREAS, on May 14, 2009, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by Verizon Wireless ("Applicant"); and WHEREAS, the application requests approval of a Conditional Use Permit to install, use, and maintain an unmanned Wireless Ielecommunications Facility ("Project"); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located adjacent to Chervil Court between Sesame Street and Paseo Ladera ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project fox compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 3 (small structures) categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Ihus, no further environmental review is necessary; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Conditional Use Permit application, and notice of the hearing, together with it 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 property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely .July 22, 2009 at 6:00 pm. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, after considering all reports, evidence and testimony presented at the public hearing with respect to the Project, the Planning Commission voted 7-0 to approve the Project. Page 2 .July 22, 2009 NOW, THEREFORE, BE II RESOLVED by the Planning Commission of the City of ' Chula Vista that it makes the following findings: 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. The project will increase public convenience by providing essential communication and increased service in the area, It will not interfere with any existing activities ar conveniences of the public, and will contribute to the general well being of the community by ensuring uninterrupted cellular service for the nearby communities 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 pr'oper'ty or improvements in the vicinity. Accessibility to clear and reliable communications, which can function in the event of an emergency or natural disaster, may help to enhance the general health, safety, and welfare of the citizens of the Chula Vista., the proposed ionopine and associated equipment will be built to comply with the Wireless Ordinance's development criteria and all other City zoning and building regulations„ The enclosure will be built at the top of a terrain where there is dense vegetation that consists of a variety of trees over 50-ft high. The associated equipment enclosure and 50-ft high monopine will not be visible from the adjacent ' neighborhood. The equipment is placed as to not disturb the existing vegetation, No landscaping will be removed as a result of this structure being built. Access to the site shall be kept at a minimum and conducted in a manner that does not negatively impact the residents. That the proposed use will comply with the regulations and conditions specified in the code for such use. Granting of this Conditional Use Permit requires the Applicant and Property Owner to fulfill conditions and to comply with all applicable regulations and standards specified in ~ the CVMC for such use, including the City's Wireless Ordinance. The City's Wireless Ordinance generally allows wireless facilities in all zoning dishicts with a conditional use pexrnit. the proposed use complies with the Wireless Ordinance's development criteria and all other City zoning and building regulations,. the facility includes a monopine that resembles a pine tree to partially conceal the antennas., This stealth design (monopine) will be located near existing pine and various other trees and shrubs that are located on ' top of a terrain above the residential condominiums complex. Ihis stealth design facility provides visual compatibility within the context of the existing dense vegetation; I therefore, the project design complies with the City's design standards far facility stealthing. Page 3 July 22, 2009 Furthermore, the conditions of this permit are approximately in proportion to the nahrre and extent of the impact created by the project in that the conditions imposed are directly related to, and of a natrue and scope related to the size and impact of the project. the Project will comply with all regulations and conditions specified in the CVMC for uses established under PCC-09-052 That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City, or the adopted plan of any government agency. the integration of cellular 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. BE IT FURIHBR RESOLVED IHAT IHE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Conditional Use Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Development Services Department, 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, floor plan, 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-1577.. I II the following on-going conditions shall apply to the Project Site as long as it relies on this approval: 3. the Applicant shall maintain the Project in accordance with the approved plans for ~ PCC-09-052, date stamped on May 14, 2.009, which includes site plans, architectural elevations and floor plans on file in the Planning Division, the conditions contained herein, and Title 19, 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 waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building permit issuance. Page 4 July 22, 2009 6 The Applicant shall execute this Conditional Use Permit as the authorized use only. 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 subject property 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-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 antennas, the Applicant shall submit a substitute user to the satisfaction of the Development Services Director and/ar 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) 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/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 extension and this provision shall be binding on any and all of applicant's/operator's successors and assigns 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 .July 22, 2014, ten (10) years from the date of this Planning Commission's approval. the Applicant may request an extension 30 days prior to expiration date from this Conditional Use Permit approval„ The Planning Commission shall review this Project fox compliance with the conditions of approval and any applicable codes and regulation, and shalt determine, in consultation with the Applicant, whether the Project shall be modified from its original approval, denied or extended, Page 5 July 22, 2009 12 'Phis Conditional Use Permit shall become void and ineffective if not utilized within one yeaz from the effective date thereof, in accordance with Section 19 14 260 of the Municipal Code Failure to comply with any-conditions of approval shall cause this permit to be reviewed by the City fox additional conditions or revocation. III.. 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 xehuned to the City's Development Services Depaztment. k ailure to iehun 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/ar a busi ess license, be held in abeyance without approval. i afore of opexty O ~ Date L~~ ` % o~ Si/~gnature pli t Date /d//.L /3 ~LF~as7~iNO _ l~2•yra~nl ~ IV. CONSEQUENCE OF FAILURE OF CONDITIONS i If any of the foregoing conditions fail to occur, or if they are, by their terms, to be i implemented and maintained oven tune, if any of such conditions fail to be so implemented and maintained according to their terrirs, the City shall have the right to revoke or modify E all approvals herein granted, deny, ox further condition issuance of all fuhue building ~ peimits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein panted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.. Failuue to satisfy the ~ condlitions of this permit may also result in the imposition of civil or criminal penalties. I i V. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Plaxming 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 ox conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this j resolution and the permit shall be deemed to be automatically revoked and of no further force and effect i Page 6 July 22, 2009 PASSED AND APPROVED BY IHE PLANNING COMMISSION OF IHE CIIY OF CHULA VISTA, CALIFORNIA, this 22nd day of .July, 2009, by the following vote, to-wit: AYES: Vinson, Spethman, Moctezuxna, Clayton, Tripp, Felber; Thompson NOES: ABSENT: ABSIAIN: -7 / f tt W Vinson, Chai/x/// ATTEST: ,iana Vargas, Secret Presented by: Approved as to form by: Gar'' H'~lbext AICP 'esfeld = ~ Deputy City anagex/Development Services Director ~ity ~ i i THE ORIGINAL OF THIS DOCUMENT Recording requested WAS RECORDED ON NOV 24 2009 by: DOCUMENT NUMBER 2009-0655463 City of Chula Vista DAVID L BUTLER. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE After recording TIME: 8:36 AM return to: City Clerk's Office City of Chula Vista 276 F ourth Avenue Chula Vista, CA 91910 Attn: E Briggs This space for Recorder's use only Resolution No. PCG09-052 Document Title 1 I