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HomeMy WebLinkAboutReso 2002-453RESOLUTION NO. 2002-453 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING CONDITIONAL USE PERMIT PCC-02-34 TO VERIZON WIRELESS FOR CONSTRUCTION OF A WIRELESS TELECOMMUNICATIONS FACILITY AT 455 QUAIL COURT A. RECITALS 1. Project Site WHEREAS, the parcel that is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 455 Quail Court ("Project Site"); and 2. Project Applicant WHEREAS, on January 9, 2002 a duly verified application for a Conditional Use Permit (PCC-02-34) was filed with the City of Chula Vista Planning Division by Verizon Wireless; and 3. Project Description; Application for Conditional Use Permit WHEREAS, applicant requests permission to construct an unmanned wireless communications facility consisting of two 15-foot-high monopines to support a total of three antenna arrays, two microwave dishes and one GPS antenna, and a 45-square-foot equipment building on the Project Site; and 4. Environmental Determination WHEREAS, the Environmental Review Coordinator determined that the project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and 5. Planning Commission Record on Application WHEREAS, the Planning Commission hearing was scheduled and advertised for June 12, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at which time the Planning Commission voted 5-1-1 to recommend that the City Council deny the project based on the findings listed below, in accordance with Planning Commission Resolution PCC-02-34; and WHEREAS, on July 10, 2002, the Planning Commission accepted the resolution of denial for the wireless communications facility by a vote of 5-0-2; and 6. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project before the City Council of the City of Chula Vista was scheduled for August 13, 2002 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same; and Resolution 2002-453 Page 2 WHEREAS, the hearing was continued to August 20, 2002, then to August 27, then to October 8, and finally to November 12, 2002. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the Planning Commission at their public hearing on this project held on June 12, 2002 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the project is a Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act. D. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista is unable to make the findings, as set forth below, required by the City's rules and regulations to approve the issuance of conditional use permits. Therefore, the request to issue a conditional use permit (PCC-02-34) for the Verizon Wireless Facility at 455 Quail Court is denied. The evidentiary basis that prohibits the required findings from being made is provided after each of the 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. The proposed wireless telecommunications facility is not necessary at this particular residentially-zoned location because the site is not required to eliminate gaps in Verizon's coverage area. Instead, it is being used to upgrade the coverage in the area from a "good" rating to a "best" rating. While improving the strength of the wireless signal in the area is a laudable goal, the impacts to the neighborhood and community outweigh this marginal benefit. Finally, siting of this facility in the proposed location is not necessary because the applicant has stated that an alternative site at Nacion and Palomar streets would be "suitable as a backup candidate". While the alternative site is also in a residential zone, the facility would be located in an SDG&E right-of-way on a lattice-style tower, thereby resulting in less of an impact on the surrounding neighborhood. 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 City does not promote the location of wireless facilities in residential zones. Residential zones, among other things, are meant to be quieter, less visually cluttered, more visually appealing, and have less foot and vehicle traffic. These zones am where citizens live and play. Compared to a commercial zone, damage to the aesthetics of a residential zone is more easily accomplished by the same or similar intrusion and has a greater impact on citizens' quality of life and the values of nearby parcels. Furthermore, Resolution 2002-453 Page 3 the cumulative impact of allowing multiple wireless facilities throughout the City's residential areas is something the City wishes to avoid, unless necessary. Accordingly, wireless facilities should be located in residential zones only when necessary and should primarily benefit the residential area in which it is located (so that the number of residential sites Citywide is kept to a minimum). In the present case, the proposed wireless facility's monopines and equipment enclosures are incompatible with the character of the neighborhood. While stealth in nature, the facility's antenna would not be mistaken for a mai tree - especially by nearby property owners who have a close-up and stationary view. Likewise, the facility's large equipment shelters are industrial in nature and also inconsistent with the community's character. It is dear, based on common sense and the testimony of at least one of the adjacent property owner's (who consulted with a real estate appraiser) that construction of the Verizon facility would negatively impact property values of the surrounding parcels. Furthermore, the proposed location of the wireless site currently hosts two 15- foot Cingular antennas and 75 square feet of 5 foot high equipment shelters. Adding additional equipment shelters and two monopines on a developed 0.19- acre lot results in a less residential, and aesthetically displeasing parcel. Because of these observations, Finding No. 2 mentioned above cannot be made. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The Zoning Ordinance specifies that an unclassified use (such as a wireless cellular facility) is eligible for a conditional use permit if the regulations and condition specified in the Zoning Ordinance can be met. However, the evidence presented shows that the proposed wireless facility will be inconsistent with the requirements of the Zoning Code, therefore Finding No. 3 cannot be made. 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 government agency. While the proposed wireless facility would de detrimental to the health, safety or general welfare of persons residing or working in the vicinity, the granting of this proposed permit in and of itself (if correctly configured) would not adversely affect the City of Chula Vista General Plan due to the relatively minimal impact on land use Citywide. Traffic levels would not increase significantly and the stealth nature of the antennas would not significantly contribute to Citywide blighting conditions. However, multiple sites of this nature, located in residential zones around the City, would have an adverse impact on the City's General Plan. THIS RESOLUTION DENYING ISSUANCE OF A CONDITIONAL USE PERMIT FOR 455 QUAIL COURT IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA THIS 12th DAY OF NOVEMBER 2002. Resolution 2002-453 Page 4 Presented by Approved as to form by Planning and Building Director omey PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of November, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Shirley Hortt4n, 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. 2002-453 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of November, 2002. Executed this 12th day of November, 2002. Susan Bigelow, City Cler!~ s'T SINGLE FAMILY SINGLE FAMILY SINGLE FAMILY PROJECT LI]IICATION CHULA VISTA PILANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANT: JOHN BEt<k-/TETRATECHWIRELESS  CONDITIONAL USE PERMIT PROJECT ADDRESS: 455 QUAIL COURT Request: Proposal for the construction and operation of a wireless telecommunication facility to include: two 15 feet tall SCALE: FiLE NUMBER: monopines and equipment cabinets. NORTH No Scale PCC-02-34