HomeMy WebLinkAboutReso 1995-17890 NOT APPROVED
RESOLUTION NO. 17890
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
1o 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 unmanned 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, on file
in the office of the City Clerk); 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 to recommend that the City
Council approve the Project in accordance with Resolution PCC-95-16; 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 January 3, 1995 to receive
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IT
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.
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
proriders. The requirement for mandatory sharing will eliminate or reduce
substantially the need for future tower or antennae sites elsewhere in the City.
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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:
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 Landscape 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.
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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
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 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.
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. Improve the access road with an all-weather driving surface, to the satisfaction
of the Fire Marshal.
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. 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
Resolution No. 17890
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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.
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.
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.
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 Date
,r" AirTouch Cellular
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H. 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.
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 and the permit 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
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Resolution No. 17890
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NOT PASSED, APPRQVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 9th day of May, 1995, by the following vote:
YES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley Horton, Mayor
ATTEST:
Vicki C. Soderquist,4~t~uty City Clerk