HomeMy WebLinkAboutItem 3 - Staff Report - PCC14-041C H U L A VISTA
PLANNING
COMMISSION A. D
Item:
Meeting Date: 10/08/14
ITEM TITLE: Public Hearing: PCC -14 -041 Consideration of a Conditional Use Permit
to install, use, and maintain an unmanned Wireless Communications
Facility (WTF) consisting of twelve (12) panel antennas mounted on a
45 -ft. high antenna structure designed to resemble a pine tree (monopine)
and associated equipment located within the existing private park at 1225
North Creekside Drive. Applicant: Verizon Wireless
Resolution of the City of Chula Vista Planning Commission approving
Conditional Use Permit PCC -14 -041, to construct an unmanned wireless
telecommunications facility at 1225 North Creekside Drive.
SUBMITTED BY: Caroline Young, Associate Planner
REVIEWED BY: Kelly Broughton, Director of Development Services
INTRODUCTION
The Applicant has submitted a Conditional Use Permit application that consists of an unmanned
Wireless Telecommunications Facility consisting of twelve (12) panel antennas mounted on a
45 -ft. high antenna structure designed to resemble a pine tree and associated equipment (Project).
The site is located at 1225 North Creekside Drive (see Locator Map, Attachment 1).
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a
Class 3 categorical exemption pursuant to Section 15303, new construction or conversion of
small structures of the State CEQA Guidelines. Thus, no further environmental review is
required.
RECOMMENDATION
That the PIanning Commission adopt Resolution PCC -14 -041, approving the proposed
unmanned Wireless Telecommunications Facility, based on the findings and subject to the
conditions listed in the attached Resolution.
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PCC -14 -041 Page No, 2
DISCUSSION
Project Site Characteristics: C Y
The 5.0 -acre project site is located in eastern Chula Vista within the East a e Panne
Community. The site is a private park used for the Eastlake Little League, and is adjacent to a
City park, residential homes, and private open space. The Project is proposed adjacent to the
parking lot of the Eastlake Little League complex. The existing surrounding land uses are as
follows:
General Plan
Zoninu
Current Land Use
Site:
Park
PC -CPF (Com. Purpose Facility)
Eastlake Little League
North:
Open Space
PC -PQ (Public Quasi)
Private Open Space
South:
Residential Low Medium
PC -RS (Single - Family Residential)
Single - Family Homes
East:
Park
PC -OS (Open Space)
Salt Creek Com. Park
West:
Residential Low Medium
PC -RP (Single - Family Residential)
Single - Family Homes
Project Description:
Verizon Wireless proposes to construct an unmanned Wireless Telecommunications Facility
consisting of twelve (12) panel antennas mounted on a 45 -ft. high antenna structure designed to
resemble a pine tree (monopine). The monopine, which is designed to support the antennas plus
a future carrier, will be located within a landscaped area behind the Eastlake Little League
parking lot (see Attachment 4, Project Plans). The facility also includes a 144 square -foot
equipment shelter located adjacent to the monopine along the eastern property line. The shelter
will consist of a concrete block wall with a chain link lid and a steel access gate enclosing the
equipment designed to screen the equipment from public view. In order to place the monopine
within this area, an existing tree will be removed and relocated behind the shelter along the
eastern property line.
ANALYSIS
In accordance with Chula Vista Municipal Code (CVMC) Chapter 19.89, Wireless
Telecommunications Facilities, wireless telecommunications facilities are allowed in any zone
subject to a Conditional Use Permit (CUP). Facilities that exceed the height limit within the
particular zone require approval of a CUP by the Planning Commission. The project site is zoned
Planned Community - Community Purpose Facility (PC -CPF), which has a maximum height limit
of 28 feet. The 45 -foot tall monopine exceeds the maximum height limit by 17 feet.
In order to minimize the impact of the equipment enclosure and monopine to the site and
surrounding neighborhood, the enclosure will be built adjacent to the eastern property line and
the Salt Creek Community Park. It will be placed within an existing landscape planter to
minimize the impact to the existing parking lot of the Eastlake Little League. The 45 -ft. high
monopine will be placed next to existing pine trees within the area with similar heights.
The proposed monopine and associated equipment will be built to comply with the Wireless
Ordinance's development criteria and all other City zoning and building regulations. Access to
the site shall be kept at a minimum and conducted in a manner that does not negatively impact
the residents.
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PCC -14 -041
Page No. 3
Design Criteria for Wireless Facilities
The following provides an analysis of the Development Criteria in accord e i
Section 19.89.060, the regulations for all wireless telecommunications fac' ides m erms o
height, design, and co- location of wireless facilities.
Height
The proposed facility is designed to provide wireless telephone coverage for customers in the
vicinity of Hume Parkway, Otay Lakes Road, and surrounding neighborhoods. Verizon Wireless
radio engineers have determined that in order to meet the goal, the proposed 45 -foot tall
monopine and 12 antennas are necessary to provide uninterrupted coverage to their customers.
Also, this taller facility with multiple antennas will reduce the need for additional cellular
facilities in the area.
Design
The facility will use a total of 12 panel antennas mounted on a 45 -foot high monopine that will
provide the necessary connections to operate the facility. This facility has been designed and
located to meet the current and anticipated needs of the Verizon Wireless network in the area.
The facility includes a monopine that resembles a pine tree to partially conceal the antennas.
This stealth design monopine will be located within a landscaped area behind the parking lot of
the existing Eastlake Little League. This stealth design facility provides visual compatibility
within the context of the existing parking lot landscaped design; therefore, the project design
complies with the City's design standards for requiring stealth facilities. According to Verizon
Wireless engineers, this facility uses the smallest practical devices, and the most efficient
technology available.
Additionally, a 144 square -foot equipment building is proposed that will house equipment
including radio cabinets, electrical connections, service generators, and emergency generators.
The size is typical and is average for projects of this magnitude. Lastly, the shelter can
accommodate areas for future growth for new equipment as services expand and grow. The
Applicant is required to maintain the equipment in good working order and remove any graffiti
from the structures.
Co- location
Verizon Wireless researched the area for other possible locations. Due to challenging
topographical conditions in eastern Chula Vista, Verizon carefully assessed coverage needs in
this area along with suitable co- location opportunities.
The subject site with the use of the monopine was found to be the best option. The additional
height that the monopine will provide is necessary to meet Verizon's coverage objectives to
cover subscribers in all directions.
Verizon Wireless has designed the monopine to accommodate co- location in the event that
another carrier needs to establish a wireless facility in the vicinity and at the height provided by
the structure. Currently, no other carriers are on the site.
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PCC -14 -041 Page No. 4
DECISION -MAKER CONFLICTS:
Conflict 1
Staff has reviewed the property holdings of the Planning Commission an as oun a
Planning Commissioner Yolanda Calvo has property holdings within 500 feet of the boundaries
- of the property which is the subject of this action. Staff is not independently aware, nor has staff
been informed by any Planning Commissioner, of any other fact that may constitute a basis for a
decision maker conflict of interest in this matter.
CONCLUSION:
The project is consistent with the goals and policies of the General Plan and associated
documents. Based on the preceding infonnation in this report, the use is desirable to meet the
needs of the residents in the surrounding areas. Staff recommends the Planning Commission
approve Conditional Use Permit, PCC -14 -041, an unmanned Wireless Telecommunications
Facility consisting of twelve (12) panel antennas mounted on a 45 -ft high antenna structure
designed to resemble a pine tree and associated equipment, subject to the conditions listed in the
attached Resolution.
FISCAL IMPACT
The application fees and processing costs are paid for by the Applicant.
ATTACHMENTS
1. Locator Map
2. Planning Commission Resolution PCC -14 -041
3. Disclosure Statement
4. Project Plans
Prepared by: Caroline Young, Associate Planner, Planning Division
3 -4
RESOLUTION PCC -14 -041 w �j
1
RESOLUTION OF THE CITY OF CHULA VIS
PLANNING COMMISSION APPROVING CONDITIONAL
USE PERMIT PCC 14 -041, TO CONSTRUCT AND
OPERATE AN UNMANNED WIRELESS
TELECOMMUNICATIONS FACILITY AT 1225 NORTH
CREEKSIDE DRIVE — VERIZON WIRELESS
WHEREAS, a duly verified application for a Conditional Use Permit (PCC -14-
041) was filed with the City of Chula Vista Development Services Department on June 25,
2014 by Verizon Wireless (Applicant); and
WHEREAS, Applicant requests permission to construct and operate an
unmanned Wireless Telecommunications Facility (WTF) supporting 3 sectors with 4
antennas each for a total of twelve (12) antennas mounted on a 45 -ft. high antenna structure
designed to resemble a pine tree (monopine) and an equipment building (Project); and
WHEREAS, the area leased by Verizon Wireless, which is the subject of this
resolution, is an existing parcel located at 1225 North Creekside Drive, Chula Vista CA
91910 (Project Site); and
WHEREAS, the Development Services Director has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project qualifies for a Class 3 categorical exemption pursuant to
Section 15303, new construction or conversion of small structures of the State CEQA
Guidelines; and
WHEREAS, the Director of Development Services set the time and place for a
hearing on the Conditional Use Permit application, and notice of the 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 and residents within 500 feet of the exterior boundaries
of the property at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
October 8, 2014 at 6:00 p.m., in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and the hearing was thereafter closed.
NQW,.THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Chula Vista does hereby find and determine as follows:
Attachment 2
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PCC -14 -041 Page 2
I. CERTIFICATION OF COMPLIANCE WITH CEQA V
The Planning Commission has reviewed the proposed project for com 1 tie
California Environmental Quality Act (CEQA) and in the exercise of
judgment, as set forth in the record of its proceedings, hereby finds and determines that the
project qualifies for a Class 3 categorical exemption pursuant to Section 15303, new
construction or conversion of small structures of the State CEQA Guidelines, and therefore,
no environmental review is required.
II. CONDITIONAL USE PERMIT FINDINGS
1. That the proposed use at this 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.
Verizon's wireless telecommunication facility on the Project Site will provide expanded
wireless communication services to the local eastern Chula Vista communities including,
residential and public facilities. The Project Site is desirable because it will improve the
wireless communication as a public convenience by providing essential communication
and improved service in the surrounding area of its location. It will not interfere with any
existing activities or conveniences of the public, and will continue to aid in the general well
being of the community by providing uninterrupted wireless service for the nearby
communities.
In order to minimize the impact of the equipment enclosure and monopine to the site and
surrounding neighborhood, the enclosure will be built adjacent to the eastern property line
and the Salt Creek Community Park. It will be placed within an existing landscape planter
to minimize the impact to the existing parking lot of the Eastlake Little League. The 45 -11.
high monopine will be placed next to existing pine trees within the area with similar
heights.
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.
The use will improve and continue to provide a choice in wireless communication
reliability in the use's coverage area. In the event of an emergency or natural disaster, the
use will be able to continue to function, which can help to enhance the general health,
safety, and welfare of the citizens of Chula Vista.
3. That the proposed use will comply with the regulations and conditions specified in the
Chula Vista Municipal Code for such use.
The use requires the Applicant and Property Owner to fulfill conditions and to comply with
all applicable regulations and standards specified in the City's Wireless Ordinance of the
Chula Vista Municipal Code (CVMC) for such use. The project site is zoned Planned
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PCC -14 -041
Page 3
Community- Community Purpose Facility (PC -CPF), which has a maximur i reTglit M-n—it o
28 feet. The 45 -foot tall monopine exceeds the maximum height limit by 1
the Conditional Use Permit must be approved by the Planning Commissio o
monopine has been placed in a specific location not only to blend in with
trees with approximately the same height, but also located furthest away from residential
properties to the west.
The use shall comply with the City's Wireless Ordinance development criteria and all other
City zoning and building regulations. The conditions of this permit are approximately in
proportion to the nature and extent of the impact created by the use in that the conditions
imposed are directly related to, and of a nature and scope related to the size and impact of
the use. The use complies with all regulations and conditions specified in the CVMC as
established under Conditional Use Permit PCC -14 -041.
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 governmental agency.
The integration of wireless facilities with existing uses helps to achieve General Plan
Objective, Public Facilities and Services Element (PFS) 24.2, of reviewing new
telecommunications facilities and request siting and design techniques that minimize
community impacts.
III. CONDITIONS OF APPROVAL
The following shall be accomplished to the satisfaction of the Development Services
Director, or designee, prior to issuance of building permits, unless otherwise specified:
Planning Division
1. Applicant shall develop and maintain the Project Site in accordance with the
approved plans, which include site plans and elevation plans on file in the Planning
Division, the conditions contained herein, and CVMC Title 19.
2. Prior to, or in conjunction with the issuance of the first building permit, the
Applicant shall pay all applicable fees, including any unpaid balances of permit
processing fees for deposit account DQ -1782.
The following on -going conditions shall apply to the Project Site as long as it relies on
this approval:
1. The Applicant shall construct and maintain the Project in accordance with the
approved plans for PCC -14 -041, date stamped on September 3, 2014, which
includes site plans and architectural elevations on file in the Planning Division, the
conditions contained herein, and CVMC Title 19.
2. All landscaping improvements shall be installed and maintained in accordance with
the approved landscape plan.
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PCC -14 -041
3. The Project shall comply with CVMC Section 19.68, Performanc
Noise Control. V
4. The conditions of approval for this Conditional Use Permit shall b 1
subject property until such time as the approval may be revoked, and the existence
of this approval with conditions shall be recorded with the title of the property.
5. Approval of the Conditional Use Permit shall not act to waive compliance with any
sections of CVMC Title 19, nor any other applicable laws and regulations in effect
at the time of building permit issuance.
Page 4
6. The Applicant and Owner shall execute this Conditional Use Permit acknowledging
that the subject telecommunications use is the only use that has been approved and
is authorized on the subject site. Any minor modification/expansion of uses shall
be subject to the review and approval of the Zoning Administrator.
7. The Applicant shall cooperate with telecommunications companies in co- locating
additional antennas on the subject site provided said co- locators have received a
Conditional Use Permit for such use at said site from the City. Applicant 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 Applicant has exercised good faith in accommodating other users, the
City may require a third party technical study at the expense of the Applicant.
S. Within 90 days.of cessation of the business operations and use of the antennas, the
Applicant shall submit a substitute user to the satisfaction of the Development
Services Director and /or remove the Project and all associated equipment from the
Project Site. If the facility is removed, then the Applicant shall restore the Project
Site to its original condition. Any minor changes on the Conditional Use Permit
shall require a modification to be reviewed by the Zoning Administrator.
9. The Applicant /Owner shall and does hereby agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commissioners, officers,
employees and representatives, from and against any and all liabilities, losses,
damages, demands, claims and costs, including court costs and attorney's fess
(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. con ieetion = with the use contemplated herein, , and Applicant/Owner shall
acknowledge their agreement to this provision by executing a copy of this
Conditional Use Permit where indicated below. Applicant's /Owner's compliance
with this provision is an express condition of this approval and this provision shall
be binding on any and all of Applicant's /Owner's successors and assigns.
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PCC -14 -041
Page 5
10. Any violations of the terms and conditions of this permit m
imposition of civil or criminal penalties and /or the revocation or
this permit. lJ I
11. This Conditional Use Permit shall expire on October 8, 2024, ten (10) years from
the date of this Planning Commission's approval. The Applicant may request an
extension 30 days prior to the expiration date from this Conditional Use Permit
approval. The Zoning Administrator shall review this Project for compliance with
the conditions of approval and any applicable codes and regulation, and shall
determine, in consultation with the Applicant, whether the Project shall be modified
from its original approval, denied or extended.
12. This Conditional Use Permit shall become void and ineffective if not utilized within
one year from the effective date thereof, in accordance with CVMC Section
19.14.260. Failure to comply with any conditions of approval shall cause this
permit to be reviewed by the City for additional conditions or revocation.
IV. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement the same.
Upon execution, this document shall be recorded with the County Recorder of the
County of San Diego. Failure to sign the document 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 Applicant Date
V. GOVERNMENT CODE SECTION 66020(d)(1), NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that
the 90 day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Section 66020(a) and
failure to follow timely this procedure will bar any subsequent legal action to attack,
review, set aside, void or annul imposition. The right to protest the fees, dedications,
reservations, or other exactions does not apply to planning, zoning, grading, or other
similar application processing fees or service fees in connection with this Project; and it
does not apply to any fees, dedication, reservations, or other exactions which have been
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PCC -14 -041
Page 6
given notice similar to this, nor does it revive challenges to any fe
statute of limitations has previously expired.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS j
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, or further condition issuance of
all future building permits, deny, revoke, or further condition all certificates of
occupancy issued under the authority of approvals herein granted, institute and
prosecute litigation to compel their compliance with said conditions or seek damages
for their violation. Failure to satisfy the conditions of this permit may also result in
the imposition of civil or criminal penalties.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission 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 terns, provisions or conditions
are determined by a Court of competent jurisdiction to be invalid, illegal or
unenforceable, this resolution and the pen-nit shall be deemed to be automatically
revoked and of no further force and effect.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 8th day of October 2014, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Pat Laughlin, Secretary
Presented by:
Yolanda Calvo, Chair
Approved as to form by:
Kelly Broughton Glen R. Googins
Director of Development Services City Attorney
7:\ Planning \Caroline\Discretionary Permits \Vedzon -1225 Creekside Diive\PCC -14 -041 PC Mo
3 -10
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CHU A VISTA
Disclosure Statement
D e v e l o p m e n t S e r
v i c e
s D e p
a r t m e n t
Planning
Division
I Development
Processing
MWI E.
Pursuant to City Council Policy 101 -01, prior to any action on a matter that requires discretionary action by the City
Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain
ownerships, financial interest, payments, and campaign contributions must be filed. The following information must
be disclosed:
1. List the names of all persons having a financial interest in the project that is the subject of the
application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier).
Eastlake Little League
2. If any person* identified in section 1. above is a corporation or partnership, list the names of all
individuals with an investment of $2000 or more in the business (corporation /partnership) entity.
3. If any person* identified in section 1. above is a non - profit organization or trust, list the names of
any person who is the director of the non - profit organization or the names of the trustee, beneficiary
and trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent
contractors, whom you have authorized to represent you before the City in this matter.
Trillium Consulting Inc.
5. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, had any financial dealings with an official ** of the City of Chula Vista as it relates to this
contract, project or application within the past 12 months? Yes No X
If yes, briefly describe the nature of the financial interest the official ** may have in this contract.
ATTACHMENT 3
276 Fourth Avenue I Chula Vistb_J Lalifornia 1 91910 1 (619) 691.`
D e v e I o p m e n t S e r v i c e s D e p a r t m e n t
Planning Division I DeveLapmeut Ptuc ssing if
cLAV APPLIC 1UN IX B
�HiULA 1/ESTA If
Disclosure Statement - Page 2
6. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, made a campaign contribution of more than $250 within the past (12) months to a
current member of the City of Chula Vista Council ? Yes No X
if yes which council member?
7. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, provided more than $420 (or an item of equivalent value) to an official ** of the City of
Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the
recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan,
etc.) Yes No X
If yes, which official ** and what was the nature of the item provided?
8. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project
or application, been a source of income of $500 or more to an official ** of the City of Chula Vista in the
past (12) months? Yes No X
If yes, which official ** and the nature of the item provided?
Date �0� 2 >' /�`-�.
ig nature of ontractor /Applicant
Sco-Tr
Print or type name of Contractor /Applicant
* Person is identified as: any individual, firm, co- partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, or any other group or combination acting as a unit.
** official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission or committee of the City, and City employee or staff members.
*** This disclosure Statement must be completed at the time the project application, or contract, is submitted
to City staff for processing, and updated within one week prior to consideration by legislative body.
Last Updated: March 16, 2010
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276 Fourth Avenue I Chula Vist�_,JSalifornia 1 91910 1 (619) 691.5101