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HomeMy WebLinkAboutPCC 2015-009Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista' CA 91910 Attn: Tyshar Turner Fee Exempt - Gov't Code 6103 DOC# 2017-0203329 May 05, 2017 01:34 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO E OUN$ OROECORDER This space for Recorder's use only RESOLUTION NO. PCC -15-009 PAGES: 11 RESOLUTION NO. PCC -15-009 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT, PCC -15-009, TO CONSTRUCT AND OPERATE AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY AT 580 HILLTOP DRIVE — VERIZON WIRELESS WHEREAS, on February 29, 2016, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by Plan Com, Incorporated on behalf of Verizon Wireless (Applicant); and WHEREAS, the application requests permission to replace an existing 31 -foot high light standard with 6 panel antennas and construct and operate a new unmanned Wireless Telecommunications Facility (WTF) supporting 3 sectors with 4 antennas and 4 Remote Radio Units (RRU's) on each for a total of 12 antennas and 12 RRU's mounted on a 35 -foot high antenna structure designed to resemble a pine tree (mono -pine) and utilize the existing equipment building and stand-by generator (Project); and WHEREAS, the area of land to be leased by Verizon Wireless and the subject of this Resolution is located at Saint Mark's Evangelical Lutheran Church, 580 Hilltop Drive (Project Site); and WHEREAS, The Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the Project qualifies for a categorical exemption pursuant to Sections 15302 (replacement or reconstruction) and 15303 (small structures or existing developed facilities) of the State CEQA Guidelines, and therefore no further environmental review is required; 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 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following 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. PC Resolution PCC 15-009 October 26, 2016 Page 2 Telecommunication service in the area will be enhanced by the installation of this facility and it will provide a public convenience at this location. The wireless telecommunication facility will be screened by a mono -pine or faux pine tree, and the radio equipment will bt: located inside the existing equipment enclosure. The location of these facilities will not interfere with church activities or adjacent residential uses. The facility will improve the general well-being of the surrounding communities by ensuring uninterrupted wireless service. 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 telecommunication facility provides the wireless communication company greater reliability in the coverage area, including improved emergency telecommunications that will improve the health, safety, and general welfare of persons residing or working in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The Conditional Use Permit requires the Applicant and Property Owner to fulfill conditions of approval and maintain compliance with all applicable regulations and standards specified in the City's Wireless Ordinance of the Chula Vista Municipal Code ("CVMC" or "Municipal Code") for such use. The use will be built in compliance 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 this Conditional Use Permit (PCC -15-009). 4. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City, or the adopted plan of any government agency. The integration of wireless facilities within existing land uses helps to achieve the General Plan's Public Facilities and Services Element (PFS) Objective (PFS 24.2). The Project is considered a "stealth" installation, with the antennas mounted on a mono -pine or faux pine tree. The mono -pine allows for future co -locations for other WTF facilities. 5. That the proposed height is the only technologically feasible option for providing service to the area while maintaining the stealth design. The project site is zoned Residential Single -Family (R-1), which has a maximum height limit of 28 -feet. Due to technological/line of sight requirements, the existing facilities antenna arrays were previously approved and installed at 31 -feet in height. To meet the existing technological/line of sight requirements, the new mono -pine antenna arrays must PC Resolution PCC 15-009 October 26, 2016 Page 3 also be placed at this 31 -foot height. By placing the antemia arrays at 31 -feet, to facilitate a stealth design, as required by CVMC 19.89.060, the faux pine branches on the top of the mono -pine must be installed at a height of 35 -feet. The additional height is required to provide a more aesthetically authentic looking stealth mono -pine. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, hereby approves the Conditional Use Permit subject to the following conditions: I. 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 I. The Applicant shall maintain the Project in accordance with the approved plans for PCC - 15 -009, date stamped approved on October 26, 2016, which includes a site plan and architectural elevations on file in the Planning Division, the conditions contained herein, and "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 BB -2093. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Approval of the Conditional Use Permit shall not waive compliance with any sections of Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at the time of building permit issuance. 3. The Applicant shall execute this Conditional Use Permit as the authorized use only. Any new use or modification/expansion of uses shall be subject to the review and approval of the Zoning Administrator or Planning Commission. 4. The Applicant shall cooperate with telecommunications companies in co -locating additional antennas on the subject property 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 PC Resolution PCC 15-009 October 26, 2016 Page 4 Applicant has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of the Applicant. 5. 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 Director of Development Services 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 changes on this Conditional Use Permit shall require a modification to be reviewed by the Zoning Administrator. 6. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non -discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 7. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. 8. 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. Applicant or a successor in interest gains no vested rights by the City's approval of this Conditional Use Permit. 9. This Conditional Use Permit shall expire on October 26, 2026, ten (10) years from the date of this Planning Commission approval. The Applicant may request an extension 30 days prior to the expiration date of this Conditional Use Permit approval. The Zoning Administrator shall review this use 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. PC Resolution PCC15-009 October 26, 2016 Page 5 III. 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 timely follow 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 given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 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 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 11 Printed Na of P rty Owner Y,A-h -7 Signa re of Applicant Date Prinj�ed Name of Applicant V/CA)Z0,A/ Kll-&VeSs PC Resolution PCC 15-009 October 26, 2016 Page 5 III. 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 timely follow 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 given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 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 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. Signat e of Prioperty Owner Printed Name of Property Owner Signature of Applicant Printed Name of Applicant ate Date PC Resolution PCC 15-009 October 26, 2016 Page 6 V. 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, 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. VI. 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 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. Presetnted� by: Approved as to form by: Kelly ughton Glen R. Googins Director of Development Services ity Attgrney 1 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of October 2016, by the following vote, to -wit: AYES: Anaya, Calvo, Nava, Zaker NOES: n/a ABSENT: Fuentes, Gutierrez, Livag ABSTAIN: Az4o �l� it. oL� . Patricia Laughlin, Secre ar i V / ?aberrutiez, Chai PC Resolution PCC15-009 October 26, 2016 Page - 7 I, Patricia Laughlin, Secretary of the Chula Vista Planning Commission, do hereby certify that the forgoing Resolution No. PCC 15-009 was duly passed, approved and adopted by the Planning Commission at a regular meeting of the Planning Commission held on October 26, 2016. Executed this 26th day of October, 2016. "'Cia=2 /f 11 CqA - Patricia E. Laughlin Planning Commission Secretary ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 4Xr g'P , ) On ,Ap i �> 2d] before me, (insert name and title of the officer) personally appeared' who proved to me on the basis of satisfactory evidence to be the person( whose name(/are subscribed to the within instrument and acknowled ed to me that/she/they executed the same in 19her/their authorized capacity(i�), and that by /her/their signature(( on the instrument the person(, or the entity upon behalf of which the personKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CW JIN K. PARK N �S. COMM. # 2161715;0 i w NOTARY PU8LIGCALIFORNIA ORANGE COUNTY ^�•, MY COMM. EXP. AUG 28, 2020 •RNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of � 0 e On 7 -7 / Z o, > before me, e. / e c,,(- 10,4 1 r , Date Here Insert Name and Title of the Officer personally appeared I r !3 e I i ca 2 a S c..r i o A- i- tom,- S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his4her/their authorized capacity(iesj, and that by his/her/their signature(s)-on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MICHELE P NAfi0 � `� Signature � +� Commission # 2007541 zSi nature of Nota Public Notary Public California z g Notary z "1 San Diego County I. My Comm. Expires Mar 12 .017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Pr i?eSc-l"4-Pc cis Document Date: i0/2 Z/ zap a Number of Pages: _ t, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator R Other: Signer Is Representing: S12014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item#5907