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HomeMy WebLinkAboutRDA Reso 1996-1507 RESOLUTION 1507 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A SPECIAL USE PERMIT ALLOWING A WIRELESS COMMUNICATIONS FACILITY AT 863/865 STELLA STREET WHEREAS, a duly verified application for a special use permit (SUPS-96-04) was filed with the City of Chula Vista Planning Department on January 15, 1996 by Pacific Bell Mobile Services (Applicant); and WHEREAS, said application requests permission to construct and operate a wireless communications facility at 863/865 Stella Street composed of a 37 foot 9 inch tall monopole supporting up to six (6) directional (panel) antennas, and two radio equipment cabinets; and WHEREAS, the project is exempt from environmental review as Class 3(e) and Class 5(a) exemptions pursuant to the California Environmental Quality Act; and WHEREAS, the Planrdng Commission held an advertised public hearing on the Project on June 12, 1996 and voted 6 to 0 to recommend that the Redevelopment Agency approve the Project in accordance with Planning Commission Resolution SUPS-96-04; and, WHEREAS, the Redevelopment Agency 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 properly owners within 500 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 4:00 p.m. July 16, 1996 in the Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY hereby finds, orders and determines as follows: I. Planning Commission Record on Application The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on June 12, 1996, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. II. Environmental Determination The project is exempt from environmental review as Class 3(e) and Class 5(a) exemptions pursuant to the California Environmental Quality Act; and III. Special Use Permit Findings The Redevelopment Agency hereby makes the following findings based upon the evidence and testimony in the record: Resolution 1507 Page 2 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 facility will provide a necessary and desirable service in the following ways: Mobile communications service provided by such facilities is growing in general use for both large and small businesses as well as individuals. The technology allows for mobile business communications of two-way messaging information. The growing importance of mobile communication devices makes such service necessary for the future business climate of the City of Chula Vista. The wireless messaging service is also of use for families and individuals to allow instant communication with others as well as providing mobile contact with the 911 emergency service system, thus contributing to the general well being of the community. 2. That such use will not under the cimumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to properly or improvements in the vicinity. Wireless communications facilities such as that proposed operate on low-power radio waves. Emissions from wireless communications antennas have been shown to be below any levels that would cause hazardous biological effects. In addition, wireless communications antenna emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed facility will comply with all the regulations of the Municipal Code. Further, the Zoning Administrator does hereby find that the conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. 4. That the granting of this Special Use Permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The proposed Project is consistent in all respects with the General Plan of the City and the Redevelopment Plan for the Southwest Redevelopment Area. Land use patterns within the City of Chula Vista will not be affected by the granting of SUPS-96-04 for subject facility. The monthly maintenance visits the facility will generate will not result in the intensification of traffic or the use of the site. The minimal number of trips per month this facility will generate are an insignificant increase in traffic for the neighborhood. Resolution 1507 Page 3 IV. Grant of Permit The Redevelopment Agency hereby conditionally grants the Special Use Permit subject to the following conditions, whereby the Applicant shall: 1. Construct the Project as described in the application, except as modified herein or as may be necessary to accommodate one or more similar uses pursuant to Condition No. 3 below, and/or as required by the Municipal Code. 2. Paint the monopole and antennas fiat gray, if not already that color. 3. Cooperate with other communications companies in co-locating additional antenna on pole structures and/or on the tops of buildings provided said co-locatees have received a Special 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. 4. '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 electromagnetic and radio frequency (EMF/RF) power densities of all antennas installed at subject site. The report shall quantify the EMF/RF 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 Special Use Permit. Review of said report may require the execution of a third party agreement in order to have the report properly reviewed by an expert(s) in the fieM of electromagnetic fields/radio frequency. 5. Ensure that the pr~ject d~es n~t cause l~c~lized interference with recepti~n ~f area televisi~n or radio broadcasts. If on review the City finds that the project interferes with such reception, the City may revoke or modify the Special Use Permit. 6. 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 requirements of the Zoning Administrator and with the edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 7. 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, Resolution 1507 Page 4 directly or indirectly, from (a) City's approval and issuance of this Special 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 (c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic~/radio frequency fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Special Use Permit where indicated below. Applicant's/operator's compliance with this provision is an express condition of this Special Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 8. 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. 9. This Special 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. 10. Execute the attached Agreement (Attachment "A ") indicating that you have read, understand and agreed to the conditions of approval contained herein, and will implement same. 11. This permit shall expire ten (lO) years after the date of its approval. After the first five (5) years, the Zoning Administrator shall conduct a special review of this Special Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the Applicant, whether or not the facility should be discontinued or the project otherwise modified from its original approval. 12. Applicant shall pay all costs associated with implementing any of the above conditions of approval. This Special Use Permit shall become void and ineffective if the same is not utilized within one year from the date of this resolution 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. V. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to prepare a Notice of Exemption and file the same with the County Clerk. VI. INVALIDITY; AUTOMATIC REVOCATION Resolution 1507 Page 5 VI. 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 conditi6ns 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 Chris Salomone Ann Moore Director of Community Development Interim Agency Attorney Resolution No. 1507 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 16th day of July 1996 by the following vote: AYES: Members Moot, Horton, Rindone NOES: None ABSENT: Members Alevy and Padilla ABSTENTIONS: None Shirley Hg~on Chairman ATTEST: (~..5 ~_ Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY OF CHULA VISTA ) I, Chris Salomone, Executive Secretary to the Redevelopmem Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1507 and that the same has not been amended or repealed. Dated: July17,1996 ~')~ ~~ J Chris Salomone Executive Secretary