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HomeMy WebLinkAboutReso 1995-18126 RESOLUTION NO. 18125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-95-48, TO AIRTOUCH CELLULAR TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 625 H STREET A. RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as APN 567-200-43, and for the purpose of general description herein consists of 0.71 acres located at 625 H Street ("Project Site"); and 2. Project Applicant WHEREAS, on May 24, 1995 a duly verified application for a conditional use permit (PCC-95-48) was filed with the City of Chula Vista Planning Department by AirTouch Cellular ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct an untoarmed cellular communications facility consisting of a 950 square foot fenced area containing a 360 square foot equipment building with a 75 foot monopole supporting a cellular antenna array holding up to 30 direction (panel) antennas and four digital (dish) antennas ("Project") on the Project Site; and 4. Public Forum Record on Application WHEREAS, a public forum was held on September 28, 1995 for area residents; and 5. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on October 25, 1995 and voted 6 to 0 to 2 recommending that the City Council approve the Project in accordance with Resolution PCC-95-48; 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 November 21, 1995 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. Resolution 18126 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 October 25, 1995 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(c) and Class 11 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 EIR 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 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 AirTouch Cellular 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 substantially the need for 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 Resolution 18126 Page 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-95-48 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-95-48 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-95-48 will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a site surrounded by commercial zoning, said uses conforming with the General Plan. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-95-48 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 or to accommodate one or more similar uses, and/or as approved by the Municipal Code. 2. Delete the whip antennas atop the antenna array. 3. Paint the monopole ga!vanized gray. 3. Prior to submitting building permit applications, submit plans for review and approval to the Zoning Administrator for building colors, landscaping, screening and architectural integration of the digital (dish) antennas with the antenna array. 4. Cooperate 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 applicant and complaining user. Resolution 18126 5. Comply with ANSI standards for EMF emissions. Within six (6) months after the issuance of its occupancy permit, Applicant shall submit a project implementation report 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 for consistency with the project proposal report and the accepted ANSI standards. If on review, the City finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use permit. 6. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the City finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 7. Provide one 2A: 10BC fire extinguisher at a location satisfactory to the Fire Marshal. 8. 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. 9. Comply with the City's Municipal Code noise standards. Within three (3) months of the issuance of the occupancy permit, the applicant shall submit a report 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. 10. Resubmit this Conditional Use Permit to the Zoning Administrator for reconsideration in the event Applicant submits for a conditional use permit for a second tower within the service radius of subject tower as defined in Exhibit B of the staff report. 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 Permittee can not, in the normal operation of the use permitted, be expected to economically recover. Resolution 18126 1 o 6 4 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. 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 modifications of this conditional use permit. 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 attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (.~) 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. 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 tothe 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 City Clerk with a copy forwarded 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 .... , / Signature of Representative of AirTouch Cellular Date 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 Resolution 18126 '~.(~65 Page 6 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. 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 automati~oked and of no further force and effect ab initi0. ~ t~//~ ~ Presented by A d as or Robert A. Leiter ogaa~d ~ Planning Director City Attorney Recorded Doc. #1996-0104012 3/1/96 Resolution 18126 Page 7 ]:066 Exhibit A CHULA VISTA PLANNING DEPARTMENT LOCATOR pno,ec~ Air Touch Cellulor CONDITIONAL USE PERMIT Resolution 18126 Page 8 Exhibit B {O68 Resolution 18126 Page 9 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21 st day of November, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None '~'~Horton, Mayor ATTEST: Bev~erly. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18126 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21st day of November, 1995. Executed this 21 st day of November, 1995. %~Bev ly A. ,~,uthe!et, City Clerk