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HomeMy WebLinkAboutReso 1995-17796 NOT APPROVED RESOLUTION NO. 17796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-95-16, TO AIRTOUCH CELLULAR TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT THE EASTERLY TERMINUS OF GOTHAM 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 595-070-31, and for the purpose of general description herein consists of 3.45 acres located at the easterly terminus of Gotham Street ("Project Site"); and, 2. Project Applicant WHEREAS, on October 24, 1994 a duly verified application for a conditional use permit (PCC-95-16) 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 2,500 sq. ft. fenced area containing a 360 sq. ft. equipment building with a roof-top cellular antenna array holding up to 30 direction (panel) antennas, six omni-directional {whip) antennas and two digital (dish) antennas (Project) on the Project Site (Exhibits B1, B2 & B3); and, 4. Public Forum Record on Application WHEREAS, a public forum was held on November 29, 1994 for area residents; and, 5. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 21, 1994 and voted 4-0-2 to recommend that the City Council approve the Project in accordance with Resolution PCC-95-16; and, Resolution No. 17796 Page 2 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 January 3, 1995 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 21,1994, 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) Categorical Exemption from environmental review pursuant to § 15303 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. Resolution No. 17796 Page 3 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 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. The facilities will also be appropriately screened with landscaping. 3. That the proposed use will comply with the regulations and conditions specified ,, in the code for such use. Conditional Use Permit PCC-95-16 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-95-16 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-95-16 will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a site already containing public facilities (water tank), said uses conforming with the General Plan. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-95-16 subject to the following conditions whereby the applicant and/or property owner shall: Resolution No. 17796 Page 4 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. Submit a landscape plan to the Lan~Jscape Architect for review and approval which shows landscaping that will minimize the visual impacts of the communications facility through an aesthetically creative plant palette and placement of plants at non-angular patterns. The landscape plan shall avoid rectangular forms to just obscure the fence-enclosed area. Said landscape plan shall be submitted and approved, and the landscaping shall be installed prior to approval of any building permits. 3. Prior to submitting building permit applications, submit plans for review and approval to the Zoning Administrator showing 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- Iocatees 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 sul~stantial 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. 5. Within six (6) months of the issuance of the occupancy permit, 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. Any measurements in not meeting ANSI standards shall cause the project approval to be reviewed for modification or addition of conditions of approval, or for revocation. 6. In the event there are complaints related to localized interference with reception of area television or radio broadcasts, the land use at this location and/or conditions of approval will be reconsidered by the Planning Commission for termination of the land use or modification of the conditions of approval. 7. Improve the access road with an all-weather driving surface, to the satisfaction of the Fire Marshal. Resolution No. 17796 Page 5 8. Provide one 2A:10BC fire extinguisher at a location satisfactory to the Fire Marshal. 9. 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 edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 10. 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. 11. 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. ~ 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 of recordation to the Planning Department 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. Signature of Property Owner Date Signature of Representative of AirTouch Cellular Date Resolution No. 17796 Page 6 H. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the Courity Clerk. I. 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 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 Bruce M. Boogaard Director of Planning City Attorney Resolution No. 17796 Page 7 NOT PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of January, 1995, by the following vote: YES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Shirley Hotton, Mayor ATTEST: Beverly A. Authelet, City Clerk