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HomeMy WebLinkAboutRDA Reso 2000-1698 RESOLUTION NO. 1698 A RESOLUTIC OF THE REDEVELOPMEN~ AGENCY OF THE CITY OF CHUI , VISTA GRANTING A SPECli \L USE PERMIT, SUPS 01-01, :3 COX/SPRINT PCS TO CON ;TRUCT AN UNMANNED ELLULAR COMMUNICATION~ FACILITY AT 3554 MAIN STREE A. RECITALS 1. Project Site WHEREAS, th~ parcel which is the subject m~ ~ter of this resolution is represented in Exhibit A attacl' ~d hereto and incorporated her~ in by this reference, and for the purpose of general des :ription is located at the Otay ~ecreation Center, 3554 Main Street ("Project Site"); and 2. Project Applica WHEREAS, on lay 12, 2000 a duly verified a ,lication for a Special Use Permit SUP- 01-01 (formerly PCC-00-59) was filed with the ~ ity of Chula Vista Planning Division by Cox/Sprint PC.~ (Applicant); and 3. Project Descri :ion; Application for Special Us Permit WHEREAS, )plicant requests permission to construct an unmanned cellular communication; facility consisting of a 60-foot ~igh monopalm supporting nine panel antennas, and ;~ 300-square-foot fenced off et ~ment area on the Project Site; and 4. Planning Comn ~ission Record on Application WHEREAS, th~ Planning Commission sched~ :1 and adver[ised a public hearing on the Project for. uly 26, 2000; and WHEREAS, at/he July 26, 2000 meeting, tl~ Planning Commission continued the Project to AugL st 9, 2000 in order to expand 1 ~e public hearing notice radius and to consider a mon ~alm in lieu of a monopole; ar WHEREAS, at e August 9, 2000 meeting, thl Planning Commission approved the revised monop; Im design; and 5. Redevelopmen Agency Record of Application ~ WHEREAS, a d Jly called and noticed public he~ ring on the Project was held before the Redevelopmen Agency of the City of Chula Visi a on September 26, 2000 to receive the recommendatie 3 of the Planning Commission, a nd to hear public testimony with regard to same. Resolution No. 1698 Page 2 AND WHEREAS, the Redevelopment Agency further resolves that any funds generated from this facility be used to augment existing revenues that are used to fund and staff the Otay Recreation Center. NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby find, determine and resolve as follows: 2. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearings on this Project held on July 26, 2000 and August 9, 2000 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. 2. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the project is a Class 1 Categorical Exemption from environmental review pursuant to Sections 15303 and 15311 of the California Environmental Quality Act. 2. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. 2. SPECIAL USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of special use permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 2. 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 southern Chula Vista, specifically providing service for the southern portion of Third Avenue, commercial areas along Main Street, and nearby residential areas in all directions. The celturar facility will contribute to the general well being of the community by facilitating telephonic communication in the area surrounding said facility. 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. Resolution No. 1698 Page 3 Emissions from cellul; r antennas have been shown t~ ~ be below any levels that would cause hazardous biological .~ffects. In addition, cellular ai~tenna emissions are so far below all recognized safety sta~dards that they constitute no~azard to public health or safety. The project has been con~litioned that the applicant pro~e compliance with the accepted ANSI standards for emissior control. / / 3. That the prop~ ~ed use will comply with thelegulations and conditions specified in the code fo r such use. UP 01-01 requires the permillee to comply with all the applicable Special Use Permit ~ regulations and stand; rds specified in the Municipal ode for such use. The conditioning of Si. P 01-01 is approximately pro[~ rtional both in nature and extent to the impact created by the [ reposed development in that th conditions imposed are directly related to and are of a nature ;md scope related to the size a~ cl impact of the project. 4. That the gra~ ting of this conditional use ~ermit will not adversely affect the general plan ¢ f the City or the adopted plal of any government agency. The granting of SUP 0,1-01 will not adversely affect th!~ Chula Vista General Plan in that said project is proposed in c limited industrial area. With the .~xception of the elementary school, the site is adjacent to indu ;trial uses, said uses conformin to the General Plan. F. TERMS OF GRANT ( -- PERMIT The Redevelopment gency hereby grants Special se Permit SUP 01-01 subject to the following conditions u ereby the applicant and/or prc erty owner shall: 1. Construct the F roject as described in the appli ~tion, except as modified herein to allow for the monop~ Im and storage/equipment are; . The project consists of a monopalm approximately 30 feet in height located behi id the Otay Recreation Center. The telephone, elec [ricat and radio equipment shal be placed in cabinets near the base of the monopalm, ~nd a chain link fence with red~ Dod slats to match the building's extedor color scheme s ~all be installed to screen the, iuipment. 2. Cooperate in g( od faith with other communica ~ns companies in co-locating additional antenna on poi ~ structures and/or on the top~ of buildings, provided said co-locates have received ~ conditional use permit for such l Jse at said site from the City. Permittee shall exercise ood faith in co-locating with ither communications companies and sharing the peri nitted site, provided such sharei I use does not give rise to a substantial technical level- or quality-of-service impairmeni of the permitted use (as opposed to a competitive cot flict or financial burden). In th , event a dispute adses as to whether permittee has e cercised good faith in accommc lating other users, the City may require a third party tec! ~nical study at the expense of e her or both the permittee and applicant. Resolution No. 1698 Page 4 3. Comply with ANSI standards for EMF emissions. Within six (6) months of the Building Division final inspection of the project, the Applicant shall submit a project implementation report to the Director of Planning and Building which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards. If on review the Agency in its discretion finds that the Project does not meet ANSI standards, the Agency may revoke or modify this special use permit. 4. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the Agency, in its discretion, finds that the project interferes with such reception, the Agency may revoke or modify the special use permit. 5. Provide one 2A:10BC fire extinguisher at a location satisfactory to the Fire Marshal upon completion of construction. 6. Obtain all necessary permits from the Chuta Vista Building Department and Fire Department. 7. Comply with the City's Municipal Code noise standards. Within three (3) months of the Building Division's flnat inspection, the applicant shall submit a report to the Director of Planning and Building which provides cumulative field measurements of facility noises. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for limited industrial uses. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal dated May 12, 2000 and Municipal Code noise standards. Ifon review the Agency finds that the project does not meet the Municipal Code noise standards, the Agency may revoke or modify the permit. 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 Agency shall impose after advance written notice to the Permittee and after the Agency 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. Resolution No. 1698 Page 5 10. Remove the rr onopalm and equipment area ~nd return the site back to its original condition withir ninety (90) days of cessation, use of the monopole. 11. Applicant/oper~ ~tor shall and does hereby agre to indemnity, protect, defend and hold harmless City, ts Redevelopment Agency me~ lbers, officers, employees, agents and representative.,, from and against any and all liabilities, losses, damages, demands, claims and co,;ts, including court costs and ~ttorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectl , from (a) City's approval and issuance of this Special ~ Ise Permit, (b) City's approval c issuance of any other permit or action, whether discre ionary or non-discretionary, in :onnection with the use contemplated herein, and c) ~,pplicant's installation and opi ration of the facility permitted hereby, including, withe ut limitation, any and all liabilitie; arising from the emission by the facility of electromagn ,~tic fields or other energy wave,, or emissions. Applicant/operator shall acknowledge ti ,eir agreement to this provision i)y executing a copy of this Special Use Permit where ir dicated, below. Applicant's/ope rator's compliance with this provision is an express cor dition of this Special Use Perm t and this provision shall be binding on any and all of,Z pplicant's/operator's successoi s and assigns. 12. Prior to issuan:e of a building permit, the a~plicant shall submit a site plan which identifies any and all existing site featl~res which are anticipated to be disturbed/disru ~ted by construction activity rela :ed to the project and appropriate notes and constructi¢ n details which describe the coi ~struction methods and materials to be utilized to rest(,re site features to original cor~ Jition. Said site plan is subject to the review and apl)roval by the Director of Public Works and the Director of Parks and Recreation or t 3eir designees prior to issuanc~ of building permit. 13. Project site shall be inspected six months s~ bsequent to the issuance of building permits to che( k conformance with project plai ~s and conditions of approval. 14. Project site sh~ II be regularly maintained and ki ~pt free of graffiti. Anti-graffiti paint shall be applied to a I structures associated with thi~ project. 15. The power soJrce for the project sha[l be ndependent of existing site facilities. Electrical servi~ ',e connections and the location of related components such as meters and transformE rs shall be coordinated with SC ;&E and City of Chula Vista Electrician prior to issuan ;e of building permit. Disrup 9n of existing site improvements and facilities, inclu(~ lng site landscaping improveme 3ts, resulting from the installation of said electrical servi ;es shall be replaced/repaired in kind subject to the approval of the Director of Pul: i¢ Works, Director of Planning ~nd Building, and Director of Parks and Recreation or ( esignees. 16. Damage of exi~ ;ting park grounds and/or facilil ~s resulting from the installation and/or maintenance o ~the antenna including but not I ~ited to turf areas, walkways, irrigation systems, any a nd all site utilities and fixtures s ~all be replaced in kind and under the Resolution No. 1698 Page 6 authority and supervision of the Director of Public Works and Director of Parks and Recreation or designees. 17. Installation and scheduled maintenance of the antenna and related components shall be coordinated with parks operation personnel and on-site recreation staff prior to commencement of work to minimize the potential for conflicts with recreation programs occurring at the site. 18. Any disruption or interruption of site service resulting from the installation of and/or continued maintenance of the antenna and related components shall be mitigated to the satisfaction of the Director of Public Works and Director of Parks and Recreation or Designees. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property ownedapplicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office. Signature of Rep/resentative of// Date / Cox/Sprint PCS H. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) years after the date of its approval by the Redevelopment Agency. After the first five (5) years, the Zoning Administrator shall review this Special Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the Applicant, whether or not the structure can be lowered. I. NOTICE OF EXEMPTION The Redevelopment Agency directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. Resolution No. 1698 Page 7 J. INVALIDITY; AUTOMt ,TIC REVOCATION It is the intention ofthe ~edevelopment Agency that its ~doption ofthis Resolution is dependent upon the enforceability of each and every term, provisii ,n and condition herein stated; and that in the event that any or e or more terms, provisions or i onditions are determined by a Court of competent jurisdiction 1 ~ be invalid, illegal or unenforce~ ~ble, this resolution and the permit shall be deemed to be autor latically revoked and of no furt~ er force and effect ab initio. Presented by Approvi as to form by Robert A. Leiter Director of Planning and Buildilg C~ty Att~ rney Chds'~alomone Community Development Dire~ Resolution No. 1698 Page 8 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 26~ day of September, 2000 by the following vote: AYES: Members Davis, Moot, Salas, and Chair/Mayor Horton NOES: None ABSENT: Padilla ABSTENTIONS: None Shirley Hortgn Chairman ATTEST: ~ ~ Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY OF CHULA VISTA ) I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1698 and that the same has not been amended or repealed. Dated: September 27, 2000 ~.~' ~ Chris Salomone Executive Secretary