HomeMy WebLinkAboutReso 1993-17296RESOLUTION NO. 17296
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING PCC-94-06, A CONDITIONAL USE PERMIT TO CONSTRUCT A
60 FOOT TALL CELLULAR ANTENNA AND A COMMUNICATIONS EQUIPMENT
SHELTER IN THE IL-P ZONE LOCATED AT 775 ANITA STREET
WHEREAS, a duly veri fled application for a conditional use permit was filed
with the Planning Department of the City of Chula Vista on August 6, 1993 by
U.S. West Cellular (OWNER); and,
WHEREAS, said application requested approval of said conditional use permit
to construct a 60 foot high cellular antenna and a communications equipment
shelter (PROJECT) in the IL-P Zone located at 775 Anita Street near the northeast
corner of APN 622-102-33 (PROJECT SITE); and,
WHEREAS, the Planning Commission held a public hearing on October 13, 1993
and voted 7-0-0 recommending that the City Council approve the Project; and,
WHEREAS, the City Clerk set the time and place for a hearing on said
Project 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 Project Site
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. November 2, 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-94o06:
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 U.S. West
cellular system is used by many public service providers including
sheriff, police, fire and paramedics. In addition, the roadside emergency
call boxes throughout the County of San Diego rely on cellular telephone
communication. The proposed facility will provide needed channel capacity
in the area that will help to assure availability, not only for general
users, but for emergency service providers.
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. 17296
Page 2
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.
That the proposed use will comply with the regulations and conditions
specified in the Municipal Code for such use.
Conditional Use Permit PCC-94-06 is conditioned to comply with the
regulations and conditions specified in the Municipal Code for such use.
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-94-06 will not adversely affect the Chula Vista
General Plan in that said project is proposed to be built on a site
already containing industrial uses, said uses conforming the General
Industrial land use designation of the General Plan.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby approves the Project
and grants conditional use permit PCC-94-06, subject to the following conditions
whereby the applicant shall:
Obtain all necessary permits from the Chula Vista Building Department and
Fire Department. The design of the monopole 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 permit.
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.
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.
Provide proof by letter that Owner has paid applicable developer fees to
both school districts prior to the issuance of any building permit.
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. 17296
Page 3
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.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the
applicant.
Presented by
/
(o~ert A. Leiter
Director of Planning
Br~ce M. Boogaart/""
City Attorney
Resolution No. 17296
Page 4
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 2nd day of November, 1993, by the following vote:
YES: Councilmembers: Fox, Moore, Rindone, Nader
NOES: Councilmembers: Horton
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
· 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. 17296 was duly passed, approved,
and adopted by the City Council held on the 2nd day of November, 1993.
Executed this 2nd day of November, 1993.
Beverly ~. Au~helet, City Clerk