Loading...
HomeMy WebLinkAboutReso 1999-19406 RESOLUTION NO. 19406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT PCC-99-26, A REQUEST TO CONSTRUCT, OPERATE AND MAINTAIN FIVE MONOPOLE-TYPE AM TRANSMISSION TOWERS ON PROPERTY OWNED BY THE OTAY WATER DISTRICT IN THE VICINITY OF THE OTAY RANCH, AND MAKING THE NECESSARY FINDINGS I. RECITALS 1. Project Site WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A," attached hereto and designated as APN 643-020-25 ("Property"); and 2. Project; Application for Discretionary Approval WHEREAS, Pacific Spanish Network, Inc., a.k.a. KURS 1040 AM San Diego ("Applicant") filed a duly verified application for a Conditional Use Permit on November 20, 1998; and WHEREAS, said application requests approval of a Conditional Use Permit for the construction, operation and maintenance of five monopole-type AM transmission towers proposed to be located on a portion of APN 643-020-25 approximately 2,600 feet south of Otay Lakes Road and about 2,100 feet southwest of EastLake High School and adjacent to Village Five, Otay Ranch ("Project"); and 3. Environmental Review Coordinator Determination WHEREAS, the Environmental Review Coordinator reviewed the application and directed the preparation of a Mitigated Negative Declaration for IS-99-15 and an addendure thereto, and determined that mitigation measures are required to reduce potential environmental impacts identified in the initial study for this Project to a level below significant; and 5. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 24, 1999, at which time the Planning Commission voted to recommend that the City Council approve the Project in accordance with staff's recommendation and the findings and conditions listed below; and 6. City Council Record on Application WHEREAS, the City Council set the time and place for a hearing on the Project and notice of said hearing, together with its purpose, was given by its publication in the "Star-News," a newspaper of general circulation in the City, Resolution 19406 Page 2 and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, a hearing was held at the time and place as advertised in the "Star- News," and noted in the mailed notice on March 16, 1999, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the approval of PCC-99-26 does not constitute the City's approval, acceptance or acknowledgment of any future plans the Otay Water District may have for the remainder of subject property. NOW, THEREFORE, THE CITY COUNCIL finds, determines, and resolves as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on February 24, 1999, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that Mitigated Negative Declaration for IS-99-15, attached hereto as Exhibit "B," has been prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR guidelines and the Environmental Review Procedures of the City of Chula Vista, and hereby determines that mitigation measures are required to reduce potential environmental impacts identified in the initial study for this Project to a level below significant; and IV. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES The City does hereby adopt and incorporate herein as conditions for this approval all applicable mitigation measures, as set forth in Mitigated Negative Declaration IS-99- 15. V. 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, in addition to all other evidence in the record, that permits the stated findings to be made. A. 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 project is desirable at this location in that the site provides a location that is acceptable by the Federal Communications Commission (FCC) for the location Resolution 19406 Page 3 of such a facility and in that the Applicant has asserted that the Project site is the only site that meets the FCC's requirements for placing such facilities. B. 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. The proposed Project is compatible with surrounding residential and institutional land uses in that the Project will generate minimal traffic and will be screened from residential areas by adequate landscaping. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditions of approval, as applied to the Project, are such that the Applicant is capable of complying with each one in that each condition was crafted so as to implement the Project, yet preserve the public health safety and welfare. D. 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 Project conforms to all elements of the General Plan, the Otay Ranch General Development Plan and other adopted plans affecting the Project Site and therefore will not have an adverse impact thereon. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL DOES HEREBY APPROVE THE PROJECT SUBJECT TO THE CONDITIONS SET FORTH BELOW: VI. CONDITIONS OF APPROVAL The City Council hereby grants Conditional Use Permit PCC-99-26 subject to the following conditions whereby the Applicant shall: GENERAL/PRELIMINARY 1. Implement the Project as submitted, unless otherwise modified herein. 2. Comply with all requirements of the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and all Municipal Code Requirements, and specifically Section 17.24.030 of the Municipal Code, to the satisfaction of the Director of the Planning and Building Department. Violation of any federal, state or local regulations may cause this approval to be reviewed by the Zoning Administrator for modification, revocation or referral to the Planning Commission for appropriate action. 3o Comply with and implement all mitigation measures as found in Mitigated Negative Declaration IS-99-15, to the satisfaction of the Environmental Review Coordinator. Resolution 19406 Page 4 4. Prior to the issuance of any development permit (e.g., grading permits, building permits, etc.) the Applicant shall provide the city with a letter from the U.S. Fish & Wildlife Service finding that the project is in compliance with the U.S. Endangered Species Act regarding the listing of the Quino Checkerspot Butterfly (Euphydryas editha quino). 5. Prior to the first transmission and to the satisfaction of the Director of the Planning and Building Department, paint each monopole flat gray. 6. At submittal for building permits, submit an irrigation plan and revised landscape plan, to include 25 percent of the perimeter tree combination as California Sycamore, Coast Live Oak, and Fruitless Olive in 24" boxes and the remaining 75 percent as a combination of Sugar Gum, Lehmann's Mallee, Red Ironbark, Australian Willow and Cajeput Tree in the 15 gallon size. Subject landscape plan shall be prepared by a landscape architect registered in the State of California. Prior to the first transmission, install all landscaping and irrigation in accordance with the approved revised landscape plan, to the satisfaction of the Director of the Planning and Building Department. Applicant shall maintain landscaping and irrigation in accordance with the Chula Vista Landscape Manual. 7. Provide brush control of the site for the life of the facility, to the satisfaction of the Fire Marshal. 8. Install a minimum six foot tall tubular steel picket/wrought iron fence along all residential areas, to the satisfaction of the Director of the Planning and I~uilding Department. Subject wall design shall comply with the Village Five, Otay Ranch design standards as shown in Exhibit '"C.'" Said wall shall be maintained by the Applicant as long as the facility exists on the Project site. In the event Applicant ceases use of the facility and removes it from the Project site, Property Owner shall be responsible for continued maintenance of the subject wall. 9. Prior to the start of construction, submit plans for the access road. Said access road shall account for planned pedestrian access to EastLake already approved and established for the area. Applicant shall cooperate with the City and other interested property owners/developers in the area in planning and constructing the access road. 10. Submit all plans to the Crime Prevention Unit of the Chula Vista Police Department and implement any suggestions resulting therefrom, to the satisfaction of the Chief of Police. 11. Prior to the start of transmission, inform the Director of the Planning and Building Department in writing of the first day of transmission from the facility. 12. Prior to issuance of any building permit and to the satisfaction of the Director of the Planning and Building Department, submit a copy of the approved Resolution 19406 Page 5 tentative map(s) for Village One and Village Five of the Otay Ranch with an overlay of the blanketing interference contour(s) (1 V/M). 13. Document all complaints resulting from the operations of the AM transmission facility within the blanketing interference contour(s) and the actions undertaken by the radio station to remedy same, and, beginning one year after the start of transmission, submit an annual report to the Zoning Administrator outlining each complaint and the remedy. 14. Assume the financial burden for correcting blanketing interference caused by the Project to surrounding consumer electronic and communication devices in perpetuity, as determined by and to the satisfaction of the Zoning Administrator. Applicant shall correct or otherwise address all complaints within two weeks of the submittal of the complaint in writing to the radio station. If complaints are not corrected or otherwise address, this approval may be reviewed by the Zoning Administrator of additional conditions of approval, revocation or referral to the Planning Commission for appropriate action. 15. Not install, cooperate in or allow the installation of additional radio transmission towers, buildings, or other such infrastructure without first obtaining all appropriate permits from the City of Chula Vista and State and federal agencies. 16. Implement all terms, covenants and conditions contained herein, to the satisfaction of the Director of the Planning and Building Department, unless otherwise specified. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. VII. APPROVAL OF CONDITIONAL USE PERMIT The City Council does hereby approve Conditional Use Permit PCC-99-26 subject to the conditions set forth on Section VI listed above and based upon the findings and determinations on the record for this Project. IIX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein Resolution 19406 Page 6 granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Applicant shall execute and have notarized the attached Agreement (Attachment "A"), indicating the Applicant has read, understands and agrees to the conditions of approval contained herein, and will implement same. X. INDEMNIFICATION/HOLD HARMLESS 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 © Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing the Agreement of this Conditional Use Permit where indicated. 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 Applicant's/operator's successors and assigns. XI, NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. X)I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopmerit Agency 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 n M. Kaheny ~ Planning and Building Director Resolution 19406 Page 7: PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23'd day of March, 1999, by the following vote: AYES: Councilmembers: Davis, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Moot ABSTAIN: Councilmembers: None ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19406 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23'd day of March, 1999. Executed this 23rd day of March, 1999. Susan Bigelow, City Clerk Resolution 19406 ATTACHMENT A AGREEMENT BY AND BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND PACIFIC SPANISH NETWORK, INC., A.K.A. KURS 1040 AM SAN DIEGO AND OTAY WATER DISTRICT RELATED TO THE CONDITIONAL APPROVAL OF PCC 99-26 The applicant/property owner shall execute this document by signing the lines provided below, said execution indicating that the Applicant/property owner has read, understand and agree to the conditions contained in Resolution No. 19406, and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No. 19406 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 and a copy of same to the Planning and Building Department. Failure to return a signed and stamped copy of this recorded within thirty days or recordation to the City Clerk and a copy of same to the Planning and Building Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or business license, be held in abeyance without approval. Representative of Pacific Spanish Network, Inc, Date KURS Radio 1040AM Representative of the Otay Water District Date Resolution 19406 Exhibit A ,, "' V-5 ' ~ ~, - .--- ' ~ ~:_--~,;~ .~-' "'-, . CHULA ~'ISTA PEA~NIXG AND BUILDIXG ~u~ CONDITIONAL USE PERMIT · TTF Resolution 19406 Exhibit B PROJECT NAME: KURS Radio Antennas PROJECT LOCATION: A 6.34 ac. leased portion of land located on Otay Water District (OWD) property, about 1,600 ft. south of Otay Lakes Road and 2,400 feet west of Eastlake Parkway Drive and the Eastlake Greens Residential community, City of Chula Vista ASSESSOR'S PARCEL NO.: 643-020-25-00 PROJECT APPLICANT: Pacific Spanish Network a.k.a KURS-1040 Radio Station CASE NO.: IS-99-15 DATE: January 11, 1999 A. Project Settinq The environmental setting consists of hilly knolls and corresponding slopes. The project site is located south of the Otay Water District water reservoir facility and north of the future Palomar Road and west of the proposed future State Route 125. The site includes a rounded low ridge top, ranging in elevation from approximately 575-625 feet. The site has been disturbed by agricultural activities and by grading in the area of the proposed access road. The site is zoned PC (Planned Community) and the General Plan designates the site as Public & Quasi Public. Access to the site is through Otay Lakes Road, a designated 6-lane major arterial. The Otay Water District water tank reservoirs are located to the north; vacant land to the east and south is owned by the District and is found in a natural state with recent discing activities having taken place; land to the west is presently vacant but is being improved for residential development as part of the Otay Ranch Sectional Planning Area (SPA)I. B. Proiect Description The proposed project consists of the installation of five whip monopole radio antennas mounted on buried concrete slabs and having an approximate height of about 75.8 feet Additionally, a transmitter shed measuring 200 sq. ft. and having a height of 10 feet will be constructed. Each antenna will have 36 buried radial lines to aid in the reception and radio transmission. Each antenna is proposed to be surrounded by an 8-foot high chain link fence and approved landscaping. A six-foot high chain link fence will be installed around the perimeter of the 6.34 acres of leased area. A dirt road will be graded to provide access from the existing OWD facilities to the lease area. Discretionary actions involve the granting of a Conditional Use Permit. C. Compatibility with Zoninq and Plans The current zoning on-site is PC (Planned Community) and the site is designated as Public & Quasi Public by the General Plan. The proposed project is in compliance with the Zoning Ordinance and General Plan. Resolution 19406 D. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. 1. Public Services Impact Fire The nearest fire station is located about 3 miles from the project site. The estimated response time is less than seven (7) minutes. The response time complies with the City Threshold Standards for fire and medical response time. This review process shall be coordinated with other Regulatory Agency review processes to ensure that no aspect of the proposed project will have an adverse impact on project site soils, underground water table or the surrounding residents and the physical environment. Police The Police Department indicates the Average Response Time for Priority 1 calls is 4 minutes, 47 seconds. This is just slightly above the Threshold Standard of 4 minutes and 30 seconds. The response time for Priority 2 calls is 6 minutes and 21 seconds, and this does comply with the Threshold Standard. The Police Department will be able to provide adequate service to the proposed land Use, 2. Utility and Service Systems Soils Based on the existing water tank reservoirs being on the project site for many years, there is no evidence of adverse soil conditions present that would affect the structural integrity of the proposed antennas or transmitter structure. Drainage The Engineering Division indicates that existing on-site and off-site drainage waters are adequately and naturally conveyed into nearby Poggi and Telegraph Canyons. Sewer The project as proposed does not require the installation of sewage facilities and therefore no impacts to these are noted. Resolution 19406 Streets/Traffic The Threshold Standards Policy requires that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. No intersection may reach an LOS "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempt from this policy. The proposed project would comply with this Threshold Policy for the immediately affected Otay Lakes Road a six-lane prime arterial which would remain at a Level-of- Service "C" with project approval. Communication Systems According to an engineering statement prepared by Mullaney Engineering, Inc., and confirmed by Rick Matkin, City Building Service Superintendent and Dave Marsden, Communications Division Supervisor, the proposed radio facility will operate with a daytime power of 9kW and nighttime power of 4kW which is considered low pressure conditions. In accordance with a memo dated 12/21/98 and prepared by Mr. Matkin, the proposed radio frequency would not interfere with the city's emergency response communication system. The Federal Communications Commission (F.C.C.) recognizes that broadcast stations operating in full compliance with F.C.C's technical rules may still cause interference to nearby consumer electronic devices such as television receivers and general communication systems. In the event that the operation of the radio antennas create blanketing interferences, KURS Radio will fully comply with F.C.C. requirements by responding to complaints of blanketing interference in a timely manner, and assume the financial responsibility involved for correcting the problem, The period of time whereby the Radio station retains financial responsibility shall extend to one year after the blanketing area has been fully developed and occupied. The conditions of approval of the conditional use permit will address financial responsibility. 3. Air Quality The applicant is not required to obtain a permit from the Air Quality Pollution Control District (APCD) for the installation of an emergency back-up generator. Standard requirements regarding the control of fugitive dust shall apply during the construction phase and these shall adequately address any temporary air pollution problems. 4. Aesthetics The proposed project will be subject to granting of a conditional use permit and the proposed antennas, transmitter structure, fencing and landscaping will be subject to Planning staff review and approval. This will help ensure the proposed project will complement future proposed development, minimize visual impacts and comply with all applicable design regulations and policies. The visual impacts of the whip antennas would not appear to be significant, however, the proposed fencing, equipment shed and landscaping need to be Resolution 19406 subject to a further coordinated review with adjacent development in order to reduce potential impacts. 5. Paleontoloaical According to the Otay Ranch SPA One Final E.I.R. and the Otay Ranch Annexation Final Second-Tier E.I.R., the proposed project site is within the Upper Sandstone Unit of the Otay Formation, and has a high paleontological resource sensitivity. This unit of the Otay Formation has produced important vertebrate fossil remains. The potential impact to paleontological resources will be mitigated to a less than significant level by complying with the proposed mitigation. 6. Bioloqical The site is located on a low hill and is covered mostly with a domestic barley or a similar grain crop. Two separate biota studies were conducted on-site for this project. The first report (Merkel & Associates 9/3/98) described the predominant non-native vegetation and the non-sensitive wildlife observed. The report further recommended that a focused search be done for the Western Burrowing Owl since rodent holes were observed on-site. The second survey (Pacific Southwest Biological Services, Inc, 9/11/98) followed established Burrowing Owl Survey Protocol and encountered no sign of Burrowing Owl habitation or activity. The conclusion of the second survey was that the project site does not support Burrowing Owls because these species occupy flatter ground with vegetation of shorter stature than found at the site. No further studies were recommended. No mitigation will be required. E. Mitiaation Necessary to Avoid Siqnificant Effects Specific project mitigation measures are required to reduce potential environmental impacts identified in the initial study for this project to a level below significant. The mitigation measures will be made a condition of project approval of the Conditional Use Permit, as well as requirements of the attached Mitigation Monitoring Program (Attachment "A"). The applicant shall: 1. Coordinate at the design stage, the proposed fencing and landscaping features with the corresponding surrounding residential land developers. The proposed fencing and landscaping plans shall be subject to review and approval by the City Planning and Building Department. 2. Ensure that a paleontological monitor be on-site at all times during excavation and trenching for the proposed project. If and when fossils are discovered, the paleontologist shall recover them. The prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited in a scientific institution containing paleontological collections such as the San Diego Natural History of Man. Resolution 19406 F. Consultation 1. Individuals and OrQanizations City of Chula Vista: Doug Reid, Planning Division Benjamin Guerrero, Planning Division Muna Cuthbert, Engineering Majed Al-Ghafry, Engineering Duane Bazzel, Planning Division Brad Kemp, Building Division Doug Perry, Fire Marshal Richard Preuss, Crime Prevention Joe Gamble, Planning Division/Parks & Rec. Sec. Peggy McCarberg, Deputy City Attorney Rick Matkin, Building Service Superintendent Dave Marsden, Communications Division Supervisor Chula Vista City School District: Dr. Lowell Billings Sweetwater Union High School District: Katy Wright Applicant's Agent: Helix Environmental Planning Consultants, Tamara S, Ching 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code Otay Ranch SPA I Final E.I.R. Otay Ranch Annexation Tiered E.I.R. Supplemental Engineering Statement, Mullaney Eng. Inc. (12/4/98) Biota Survey, Merkel & Associates (9/3/98) Focused Survey for Burrowing Owl, Pacific Southwest Bio. Services, Inc. (9/11/98) Cultural Resource Survey, Gallegos & Associates, (10/98) 3. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. Date: January 11,1999 Douglas D. Reid Environmental Review Coordinator I m T Resolution 19406 Exhibit C