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HomeMy WebLinkAboutReso 2002-309- RESOLUTION NO. 2002-309 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING APPROVAL OF CONDITIONAL USE PERMIT PCC-02-50 FOR AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT THE AULD GOFF GOLF COURSE, 525-549 HUNTE PARKWAY I. RECITALS A. Project Site WHEREAS, the area of land commonly known as the Auld Goff Golf Course, which is the subject matter of this resolution, and is represented in Exhibit "A" hereto and incorporated herein; and for the purpose of general description herein consists of 40.53 acres with a Land Use Designation of Agricultural (8); and B. Project; Application for Discretionary Approval WHEREAS, on February 19, 2002, a duly verified application for a conditional use permit (PCC-02-50) was filed with the City of Chula Vista Planning Department by DCI Pacific on behalf of the applicant Nextel Communications. C. Environmental Determination WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 5 categorical exemption from environmental review (CEQA Section 15305, minor conditional use permit that does not significantly intensify land use); and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the said project on July 24, 2002, and voted 5-0-0-2 to recommend that the City Council approve the conditional use permit based on the findings and subject to the conditions listed below in accordance with Planning Commission Resolution PCC-02-50; and E. City Council Record on Application WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on August 13, 2002 in the Council Chambers, 276 Fourth Avenue before the City Council of the City of Chula Vista; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the project, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: II. PLANNING COMMISSION RECORD Resolution 2002-309 Page 2 The proceedings and all evidence on the project introduced before the Planning Commission at their public hearing on this project held on July 24, 2002 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Environmental Review Coordinator and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State Environmental Impact Report (EIR) Guidelines, and the Environmental Review Procedures of thc City of Chula Vista. IV. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. 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. The proposed project is desirable, as it will increase public convenience by providing essential communication service in the area. The proposed use will be constructed to match the existing landscape in form and character. The proposed use will not interfere with any existing activities or conveniences of the general public and will contribute to the general well being of the community by ensuring uninterrupted cellular service in the South Bay area. 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. Accessibility to clear and reliable communications, which can continue to function in the event of an emergency or natural disaster, may help to enhance the general health, safety, and welfare of the citizens of Chula Vista. The proposed monopine and equipment shelter will not create a negative visual impact as it is well removed from any residential uses and will conform to the existing environment and landscape. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use must comply with the conditions of the Conditional Use Permit, PCC-02-50 as recommended by Planning Commission and approved by the City Council. All necessary permits from the City to install, operate, and maintain the facility will be obtained 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 govemment agency. The proposed use is consistent with the general plan of the city. According to the Eastern Territories Area Plan Section of the General Plan, most development will take place in the Eastem portion of the City. It is Goal #2 of said area plan to accommodate and regulate such development. The proposed cellular facility will help accommodate the communication needs of Resolution 2002-309 Page 3 - such high development throughout the South Bay, as well as the eastern portion of the City. It is a passive use and therefore will not adversely affect the policy and goals of the General Plan. V. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-02-50, subject to the following conditions. Planning and Building Department: 1. Construct the project as shown or described in the application, elevations, photo simulations and other exhibits submitted for review at the City Council public hearing dated August 13, 2002. 2. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 3. Cooperate in good faith with other communications companies in co-locating additional antennas on subject property provided said co-locatees have received a conditional use permit for such use at said site from the City. P~mtittee 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 permittee and applicant. 4. Comply with American National Standards Institute (ANSI) standards for Electric Magnetic Fields (EMF) emissions. Within six (6) month 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 City in its discretion finds that the project does not meet ANSI standards, the City may revoke or modify this conditional use permit. 5. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 6. Obtain building permits from the Chula Vista Building Division. The project must comply with all applicable building codes including the 1998 CBC and CEC; also structural calculations will be required. 7. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. Resolution 2002-309 Page 4 8. If applicable, the power source for the proposed project shall be independent of existing site facilities. Electrical service connections and the locations of related components such as meters and transformers shall be coordinated with San Diego Gas & Electric (SDG&E) and City of Chula Vista Electrician (Terry Strauwald, 619-691-5020) prior to issuance of building permit. The proposed facility may not use said power soume prior to final approval. Disruption of existing site improvements and facilities, including site landscaping improvements, resulting from the installation of said electrical services shall be replaced/repaired in kind subject to the appropriate City approval(s). 9. The monopine and two live pines should be staggered and of varying heights to provide for a naturalistic setting. 10. The equipment shelter is to reflect the architectural features (including color and design) of the existing maintenance building. 11. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 12. 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/conditon, may not impose a substantial expense or deprive permittee of a substantial revenue source, which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 13. 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, 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. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 14. This permit shall expire five (5) years after the date of its approval by the Planning Commission. After five (5) years, the applicant may request an extension of this conditional use permit by the Zoning Administrator. The Zoning Administrator shall review this conditional use permit for compliance with the conditions of approval and shall determine, in consultation with the applicant, whether the project needs to be modified from its original approval as part of the extension approval. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Execute this document by making a true copy of this resolution and signing this original resolution on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will Resolution 2002-309 Page 5 - implement same. Upon execution, the true copy with original signatures shall be filed with the City Clerks office and a copy of the true copy shall be available from the Planning Department. Failure to return the signed true copy of this 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. VII. 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. Developer or a successor in interest gains no vested rights by the City's approval of this resolution. VIII. 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 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 ab initio. Presented by Approved as to form by Jo~M. Kaheny Robert A. Leiter ~ Attorney Planning & Building Director Resolution 2002-309 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of August, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Horton ATTEST: ' Steph'~n~dilla, Deputy Mayor Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-309 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of August, 2002. Executed this 13th day of August, 2002. Susan Bigelow, City Clerk