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HomeMy WebLinkAboutReso 1993-17122 RESOLUTION NO. 17122 A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING PCC-93-16, A REQUEST TO CONSTRUCT A 60' CELLULAR ANTENNA AND COMMUNICATIONS EQUIPMENT SHELTER IN THE IL-P ZONE LOCATED AT 779 ANITA STREET IMMEDIATELY ADJACENT TO INTERSTATE 5 AT THE SOUTHWEST CORNER OF APN 622-102-12 WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department of the City of Chula Vista on November 18, 1992 by PacTel Cellular; and, WHEREAS, said application requested approval of said conditional use permit to construct a 60' high cellular antenna and communications equipment shelter in the ILP Zone located at 779 Anita Street immediately adjacent to Interstate 5 at the southwest corner of APN 622-102-12; and, WHEREAS, the Planning Commission held a public hearing on April 28, 1993 and voted 5-to-O-to-2 recommending that the City Council approve conditional use permit PCC-93-16; and, WHEREAS, the City Clerk set the time and place for a hearing on said application 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 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 18, 1993 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE the City Council of the City of Chula Vista does hereby make the following findings as related to PCC-93-16: 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 granting of PCC-93-16 is desirable at the proposed location in that it will provide a service which will contribute to the general well being of the community by providing cellular telephone service in the Southbay, thereby promoting commerce and enhancing emergency services in the local area, 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. Resolution No. 17122 Page 2 The granting of PCC-93-16 will not be detrimental to the public health safety or welfare or injurious to the property or improvement in the vicinity in that this project encourages commerce and the location minimizes negative visual impacts to the extent possible. 3. That the proposed use will comply vith the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-93-16 is conditioned to comply with the regulations and conditions specified in the code for such use. 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-g3-16 will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a site already containing or surrounded by industrial uses and a major transportation corridor. BE ZT FURTHER RESOLVED THAT THE CZTY COUNCZL hereby grants conditional use permit PCC-93-16 subject to the following conditions whereby the applicant shall: 1. Obtain all necessary permits from the Chula Vista Building Department and Fi re Department prior to the issuance of any building permit. The design of the tower and equipment shelter shall comply with the edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any building permit. 2. Utilize galvanized gray paint on the subject structures to the extent possible in order to reduce the visual impacts of the proposed structures and to allow for the most transparent view possible. 3. Construct the antenna support structure and panel antenna system to a maximum height of 60 feet. Omni-directional antennas may be placed both on top of and below the panel antenna system to a maximum length of 15 feet. 4. Pay applicable developer fees to the respective and applicable school districts prior to the issuance of any building permit. 5. This permit shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which 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 No. 17122 Page 3 6. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. That a copy of this resolution be transmitted to the applicant. Presented by App/ov d as to,fo b ob~re~r~tA~ Leiter ce M. Boogaard ' Director of Planning ' Resolution No. 17122 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of May, 1993, by the following vote: YES: Councilmembers: Fox, Moore, Rindone, Nader NOES: Councilmembers: Horton ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly X. Authelet, 'ity lerk 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. 17122 was duly passed, approved, and adopted by the City Council held on the 18th day of May, 1993. Executed this 18th day of May, 1993.