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HomeMy WebLinkAboutReso 1996-18190 R~CORDING R~QU~ST~D BY: City 'of Chula Vista 1816 ~D ~EN ~ED M~ TO: ]ity Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Resolution Number 18190 ./. THIS PAGE ADDED TO PROVIDE ADEQUALFE SPACE FOR P-~,~CORDL-"q'G IiN'FORIvfA t-['ION (Additional recording fe~ applies) Rcc. Form ~R25 (Rev. 9/9~) 18I 7 RESOLUTION NO. 18190 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING CONDITIONAL USE PERMIT PCC-96-06 TO PACIFIC BELL MOBILE SERVICES ALLOWING THE CONSTRUCTION AND OPERATION OF A WIRELESS COMMUNICATIONS FACILITY FOR A PERSONAL COMMUNICATION FACILITY AT 455 QUAIL COURT I. RECITALS A. 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 455 Quail Court ("Project Site"); and, B. Project Applicant WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on August 22, 1995 by Pacific Bell Mobile Services ("Applicant"); and C. Project Description; Application for Conditional Use Permit WHEREAS, said application requested permission to construct and operate a wireless communications facility for a Personal Communications System (PCS) consisting of two metal radio equipment cabinets and two pairs of plastic panel antennas at two different locations mounted on approximately thirteen (13) foot high poles; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 13, 1995 and voted 7-O to recommend that the City Council approve the Project in accordance with Planning Commission Resolution PCC-96-06; and, E. Notice of Public Hearing WHEREAS, the City Council set the time and place for a hearing on said Conditional Use Permit PCC-96-06 and notice of said 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 within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and F. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely January 16, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and 1S19 Resolution 18190 Page 3 Conditional Use Permit PCC-96-06 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-96-06 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-96-06 will not adversely affect the Chula Vista General Plan in that said project is proposed to be built in a location with little land use or visual impact. V. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-95-47 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. Prior to operation of the facility, submit plans to the Zoning Administrator for review and approval of a fence to be constructed from the northeastern corner of the existing residential unit to the northern property line, and construct said fence. 3. Paint the monopoles and panel antennas galvanized gray, if said monopoles and panel antennas are not already that color. 4. Plant minimum eight foot tall shrubbery along the northern fence line between the existing cypress trees, to the satisfaction of the Zoning Administrator. The plant palette and spacing shall be reviewed in accordance with a plan approved by the Zoning Administrator prior to planting. 5. 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 18190 Page 5 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 (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. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute one document before a notary public 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, one 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 Office of the City Clerk along with the second unnotarized document. Failure to return a signed and stamped copy of this recorded document and the second unnotarized document within thirty days of recordation to the Office of City Clerk shall indicate the property owner's/Applicant's desire that the project, and the corresponding application for buildi[~3~ permits and/ora business license, be held in abeyance without approval. ~natur'e of Proper~ O~'~r .,/:~ ' Date Signature of Representative of Date Pacific Bell Mobile Services VI. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to prepare a Notice of Exemption and file the same with the County Clerk. VII. INVALIDITY; AUTOMATIC REVOCATION Resolution 18190 Page 7 Exhibit A PARKVIF. PROJECT LOOATiON CHULA VISTA PLANNING DEPARTMENT LOCATOR ~c~.,'t. Fadfk I.II ~'o.ect Ixsc,amo~: O ' ~blle~m~ CONDITIONAL USE PERMIT ~o~ 455 Q~II ~u~ ~: ~que~: ~i~ion ~ ~n~ a ~ml~ ~: ~mmuni~on ~1~ in ~ R-1 ~. NORTH 4~ ~ - 96 - ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~0- ~ t ~*~IF n i'0~ On ~Q~ 20,/~ beforeme, ~6~. ~~j Date nd ( ~" ane ~e, Nota~ Public") personally appeared ~i~ ~[~ 0"~ ~ ~r;c,na~y knew.n t: m: ~ - ~provo0 to me on tho basis ot satisfacto~ ovidonco to Bo tho porson(s) whoso namo(s) ~ubscriged to the within instrumont and acknowled~o~ me that ~/~x~cuted tho  samo ~i~nature(s) on the instrumont tho porson(s), or tho o~ity upon ~ohaff of which lbo porson(s) actod, ~ ~ ~ ~ ~ executod the instrumont. ~ WIT~[SS my hand and officia~ soal. OPTIONAL ~ough the info~ation below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal and rea~achment of this form to another document. Description of A~ached Document orTyp of Document: Document Date: ~ ~ I~ ~umBorof~a~os: Capaeit~{ie~) Claimed b~ Si~nor's ~ame: Si~nor's ~amo: ~ In0M0ual ~ Indivi0ual ~ Go~orato Officor ~ Gorpomto Officor litlo(s): ~tle(s): ~ ~a~nor ~ D Umited ~ Gonoral ~ ~a~nor-- D Umited D G~neral ~ A~omoy-in-Fact ~ ~omoy-in-Fact ~ lrustoe ~ Trusteo ~ Guar0ian or Conse~ator ~ Guardian or Conso~ator ~ Othor: top o~ thumb hem Signer Is Representing: Signer Is Representing: © 1994 National Nota~/Association · 8236 Remmet Ave., P.O Box 7184 · Canoga Park, CA 91309-7184Prcd. No. 5907 Reorder: Call Toll-Free 1-800-876~827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared O~l~ ~. ~Orr~ 5 Name(s) of Signer(s) name~ subscribed to the within instrument whose and acknowledged to me that ~ executed the ............ '" sam~n ~ir authorized capacity, and that by ~ ~ ~O~a~ ~ ~ ~r si~nature~on tho instrumo~l tho porso~, ~ ~ Co~on~loT~l ~ or tho ontity upon bohalf of which lbo porson~) actod, ~ ~ ~n ~o Com~ ~ oxocutod tho instrumont. ' .............. ~ WIl~fiSS my hand and official seal. ~eription o~ ~tta~h~d Document r~UeorWpeol Document: o/uh n t~l~O Si~ner(s) Otherlhan~amedA~ove: ~d ~m~ ~ ~ ~ Signer's Name: ~¢n~lN ~. Ha~r~ Signer's Name: ~ Individual ~ Individual ~ Corporate Officer ~ ~ Corporate Officer ~ Padner-- ~ Limited' ~General ~ ~ Pa~ner-- ~ Limited ~ General ~ A~orney-in-Fact ~ AEomey-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Conse~ator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1994 National Notary Association · 8236 Remmet Ave, P.O Box 7184 · Canoga Park, CA 91309-7184Prod No 5907 Reorder: Call Toll Free 1-800-876-6827 RESOLUTION NO. 18190 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING CONDITIONAL USE PERMIT PCC-96-06 TO PACIFIC BELL MOBILE SERVICES ALLOWING THE CONSTRUCTION AND OPERATION OFAWlRELESS COMMUNICATIONS FACILITY FOR A PERSONAL COMMUNICATION FACILITY AT 455 QUAIL COURT I. RECITALS A. 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 455 Quail Court ("Project Site"); and, B. Project Applicant WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on August 22, 1995 by Pacific Bell Mobile Services ("Applicant"); and C. Project Description; Application for Conditional Use Permit WHEREAS, said application requested permission to construct and operate a wireless communications facility for a Personal Communications System (PCS) consisting of two metal radio equipment cabinets and two pairs of plastic panel antennas at two different locations mounted on approximately thirteen (13) foot high poles; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 13, 1995 and voted 7-0 to recommend that the City Council approve the Project in accordance with Planning Commission Resolution PCC-96-06; and, E. Notice of Public Hearing WHEREAS, the City Council set the time and place for a hearing on said Conditional Use Permit PCC-96-06 and notice of said 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 within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and F. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely January 16, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and Resolution 18190 Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. 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 13, 1995, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator determined that the project is a Class 3(e) Categorical Exemption from environmental review pursuant to Section 15303 of the California Environmental Quality Act; and IV. 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 findings to be made. 1. That the proposed use at the location is necessary or desirable to provide a T''~ service or facility which will contribute to the general well being of the neighborhood or the community. The proposed Personal Communication System facility is necessary to provide and maintain a quality wireless phone system in the Chula Vista area. The system has the potential to be used by many public service providers including sheriff, police, fire and paramedics, thus enhancing emergency response. 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 immediate vicinity. 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. Personal Communication System communications operate on Iow-power radio waves. Emissions from the antennas have been shown to be below any levels that would cause hazardous biological effects. In addition, 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. Resolution 18190 Page 3 Conditional Use Permit PCC-96-06 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-96-06 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-96-06 will not adversely affect the Chula Vista General Plan in that said project is proposed to be built in a location with little land use or visual impact. V. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-95-47 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. Prior to operation of the facility, submit plans to the Zoning Administrator for review and approval of a fence to be constructed from the northeastern corner of the existing residential unit to the northern property line, and construct said fence. 3. Paint the monopoles and panel antennas galvanized gray, if said monopoles and panel antennas are not already that color. 4. Plant minimum eight foot tall shrubbery along the northern fence line between the existing cypress trees, to the satisfaction of the Zoning Administrator. The plant palette and spacing shall be reviewed in accordance with a plan approved by the Zoning Administrator prior to planting. 5. 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 18190 Page 4 6. Comply with ANSI standards for EMF emissions, Within three (3) months after final inspection, 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 I~MF 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. 7, Submit evidence within three (3) months 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. 8. Provide one fire extinguisher of a type and 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 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. 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. 12. Applicant's failure to meet ANSI standards for EMF emissions or comply with the condition relating to the interference with area television and radio reception shall constitute grounds for revocation or modification of this conditional use permit. 13. Within three months from the issuance of any building permit, submit a list of these conditions of approval to the Zoning Administrator addressing each as to how it has been implemented, The Zoning Administrator shall determine compliance. Non- compliance, as determined by the Zoning Administrator, with any condition of approval shall make this project subject to further review by the Planning Commission, said review resulting in modified conditions of approval or revocation of Conditional Use Permit PCC-96-06. Resolution 18190 Page 5 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 (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. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute one document before a notary public 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, one 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 Office of the City Clerk along with the second unnotarized document. Failure to return a signed and stamped copy of this recorded document and the second unnotarized document within thirty days of recordation to the Office of City Clerk shall indicate the property owner's/Applicant's desire that the project, and the corresponding application for building_permits and/or a bu~jness license, be held in abeyance without approval. . ~ .~_ ~_.; .. ~ ~.~, 8~'gn~ture of Property Owner ~ Date VI. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to prepare a Notice of Exemption and file the same with the County Clerk. VII. INVALIDITY; AUTOMATIC REVOCATION Resolution 18190 Page 6 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. PresentedJ~~'/~ by ~ve~[~ s~ Robert A. Leiter Bruce M. aoog~ard\ Director of Planning City Attorney ~ Recorded Doc. #1996-0139460 3/21/96 Resolution 18190 Page 7 Exhibit A PRO, lEt CHULA VISTA PLANNING DEPARTMENT  Moblb ~m CONDITIONAL USE PERMIT ~: ~mmuni~on ~1~ in ~ R-1 ~. Resolution 18190 Page 8 I'T PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of January, 1996, by the following vote: AYES: Councilmembers: Moot, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: Alevy ' Shirle~fH~rton, Mayor ATTEST: Beverly A(. 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. 18190 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of January, 1996. Executed this 23rd day of January, 1996.