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HomeMy WebLinkAboutCUP 15-0032RESOLUTION CUP15-0032 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT CUP15-0032 TO CONSTRUCT AND OPERATE AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY AT 409 TELEGRAPH CANYON ROAD — VERIZON WIRELESS WHEREAS, a duly verified application for a Conditional Use Permit (CUP15- 0032)was filed with the City of Chula Vista Development Services Department on September 8, 2016 by Verizon Wireless (Applicant); and WHEREAS, Applicant requests permission to modify PCC -09-037 in order to replace an existing 40 foot stealth Wireless Telecommunications Facility (WTF) monoflag with the construction of a new unmanned WTF supporting 3 sectors with 4 antennas each for a total of twelve (12) antennas mounted on a 43 -ft. high antenna structure designed to resemble a palm tree (monopalm) and associated equipment shelter (Project); and WHEREAS, the area leased by Verizon Wireless, which is the subject of this resolution, is a portion of an existing parcel located at 409 Telegraph Canyon Road , 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 bearing 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, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby find and determine as follows: PC Resolution CUP15-0032 March 22, 2017 Page -2- I. CERTIFICATION OF COMPLIANCE WITH CEQA The Planning Commission has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and in the exercise of its independent 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; therefore, no further 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 WTF on the Project Site will provide expanded wireless communication services to the Chula Vista community 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, no exterior equipment room will be necessary. Instead, the associated equipment shelter will be housed inside the existing commercial building. The 43 -ft. high monopalm will be placed on the east side of the commercial center, in a planter area adjacent to the existing building in order to minimize visual impact. 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. The location will be adjacent to that of an existing monoflag structure (which will be removed and replaced with the proposed monopalm). It will be placed directly east of the eastern side of an existing commercial building and in proximity to the I-805 freeway interchange. 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) and all other City zoning and building regulations. PC Resolution CUP15-0032 March 22, 2017 Page -3- The Project Site is zoned Neighborhood Commercial (CN), which has a maximum height limit of 35 feet. The 43 -foot tall stealth facility exceeds the maximum height limit by 8 -feet, therefore, the Conditional Use Permit must be approved by the Planning Commission. The proposed monopalm has been placed in a specific location in proximity to an existing monflag facility (which will be removed). There are exiting mature trees (both on-site and off-site) which are of relatively the same height as the proposed monopalm helping it to further blend into the area. 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. CONDTTIONS 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. The Applicant shall construct the Project in accordance with the approved plans for CUP15-0032, which includes site plans and architectural elevations 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 -3104. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 3. The Applicant shall 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. 4. The Project shall comply with CVMC Section 19.68, Performance Standards and Noise Control. 5. The conditions of approval for this Conditional Use Permit shall be applied to the 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. PC Resolution CUP] 5-0032 March 22, 2017 Page -4- 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 connection 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. 11. 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. 12. This Conditional Use Permit shall expire ten (10) years from the date of the 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 PC Resolution CUP] 5-0032 March 22, 2017 Page -5- 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. 13. This Conditional Use Permit shall become void and ineffective if not utilized within three years 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. 14. Prior to issuance of building permits, Applicant shall provide a copy of Radio Frequency ("RF") data report to the City, which indicates the proposed wireless facility ("monopalm") will be constructed in compliance with Federal telecommunication regulations. City shall forward a copy the report to representative of the Hilltop Village residential association. IV. EXECUTION OF RESOLUTION OF APPROVAL Prior to the approval by the City of Chula Vista for the use of the subject property in reliance on this approval, the Applicant/Representative and Property Owner shall execute this document by making a true copy of this letter of conditional approval and signing both this original Notice of Decision and the copy on the lines provided below, said execution indicating that the Applicant/Representative and Property Owner have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Development Services Department. Failure to return the signed trite copy of this document within 30 Days of the effective date herein shall indicate the Applicant/Representative ald Property Owner's desire that the project, and corresponding application for ?b ding/ tiding permits and/or business license, be held in abeyance without annro Signature of Applican-Muthorized Representative Date Printed Name of Applicant/Authorized Representative Signature of Property O ner w i,sM 0amyV of Date +mc:'` -o �'f' les L. ec,ifcaY'� ta, 1'?'%ir Printed name of Property Owner r 0 -V+ n ey's V11 P PC Resolution CUP15-0032 March 22, 2017 Page -6- V. GOVERNMENT CODE SECTION 66020(4)(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 given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. VI. 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. 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 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. SIGNATURE PAGE — NEXT PAGE PC Resolution CUP15-0032 March 22, 2017 Page -7- Presented by: Kelly Oughton, AICP Director of Development Services Approved as to form by: Glen R. Goo&s � idly Attorney`' - PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of March 2017, by the following vote, to - wit: AYES: Calvo, Gutierrez, Livag, Nava, Zaker NOES: N/A ABSENT: Anaya ABSTAIN: NIA e Gutierrez, Clia�- ATTEST: E � t 4 Patricia Laughlin, Secreta%.y,