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HomeMy WebLinkAboutReso 2002-454 DOC 2002-1124816 DEO ll, 2002 11:43 AM Recording requested OFFICIR. RE~ by: ~ BIEB] gl3t~l~ REC~I)ER'B OFFI~ Ci~ of Chula Vista ~B~V 3. ~ITH, ~Y ~DER After recording retnrn to: Ci~ Clerk's Office Ci~ of Chula Vista 276 Fou~ Avenue Chula Vista, CA 91910 This space for Recorder's use only RESOLUTION NO.. 2002-454 Document Title - RESOLUTION NO. 2002-454 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTIiXlG A CONDITIONAL USE PERMIT (PCC-02-41) TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 1008 INDUSTRIAL BOULEVARD A. RECITALS 1. Project Site WHEREAS, the parcel which 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 1008 Industrial Boulevard (''Project Site"); and 2. Project Applicant WHEREAS, on January 30, 2002 a duly verified application for a conditional use permit (PCC-02-41) was fried with the City of Chula Vista Planning Depathnent by representatives from Sprint PCS ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, the application is for a 35-foot mono-palm with accompanying real trees and landscaping within an unmanned cellular communications facility; and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on October 9, 2002 and voted 4-0-0-3 recommending that the City Council approve the project in accordance with Resolution PCC-02-41; and 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on November 12, 2002; to receive the recommendation of the Planning Commission, and to hear public test'unony with regard to the same. 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 October 9, 2002 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION Resolution 2002-454 Page 2 The Environmental Review Coordinator has concluded that the project is a Class 3 {c} categorical exemption from environmental review pursuant to 15303 and 15311 of the California Environmental Quality Act. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council 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 Environmental Impact Report (EIR) Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. 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 hereinbelow set forth, and sets forth, thereunder, 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 antenna location is necessary to provide and maintain a quality wireless phone system in the Chula Vista area, particularly to the surrounding residential areas. The proposed mono-pine antennas will provide coverage and capacity for this system that will ensure availability to business users, personal users, and emergency service providers including sheriff, police, fire, and paramedics, thus enhancing emergency service and response. 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. Telecommunication systems operate on low power radio waves and are regulated by the FCC. Radio frequency radiation from this system of antennas has been found by the FCC to be below any levels that would cause hazardous biological effects. This radio frequency radiation is so far below recognized safety standards that they constitute no hazard to public health or safety. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This Conditional Use Permit is conditioned to require the permittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use. The conditions of this permit are approximately in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 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. Resolution 2002-454 Page 3 The granting of this permit will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a site surrounded primarily by public uses along with residential uses, and the land use impact will be minimal and the visual impact is being addressed. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-02-41 subject to the following conditions whereby the Applicant and/or property owner shall: 1. Prior to issuance of building permits, the applicant shall submit detailed plans and revised photo-simulations for review and approval by the City Landscape Planner and the Planning and Building Director to ensure that all proposed colors, materials, screening and planting material will architecturally integrate with the surrounding environment. All plans shall be consistent with the conceptual plans, elevations, photo-simulations and other exhibits submitted for review at the City Council public hearing held on November 12, 2002. 2. Prior to the installation/construction of the mono-pine or mono-palm, the associated equipment buildings, and the planting of real trees and the associated screening landscape vegetation, the applicant and the property owner shall provide a maintenance agreement to ensure that they will be responsible for all maintenance repairs, replacement or upgrade of said improvements for the life of the project. This agreement shall include the replacement of any artificial tree elements that appear faded or worn overtime or as a result of adverse weather effects. Failure to maintain the project site to the satisfaction of the Planning and Building Director shall be grounds for revocation of this Conditional Use Permit. 3. The artificial branches to be installed on either the mono-pine or mono-palm structure shall reach a length greater than the projection length of the antenna panel arms for the antenna arrays. Provide additional photo-simulations with plans that indicate the branches will extend beyond the antenna sectors from all three angles prior to issuance of building permits. 4. The landscaping and irrigation shall be installed simultaneously with the commencement of construction of the mono-pine or mono-palm and will be in place prior to the final inspection and issuance of the certificate of occupancy. 5. In the event that any damage occurs to the mono-pine or mono-palm, equipment building, or landscape elements, the applicant will appropriately upgrade, repair or replace the said improvements to the satisfaction of the Director of Planning and Building. 6. The applicant shall remove all said improvements and restore the site to its original condition in the event that new technologies provide service that would cause the existing facility to become obsolete. 7. This permit shall be limited to providing a single wireless communication provider the entitlement to locate a facility at this location, and cannot be sold or leased to another provider without written approval of the City. Resolution 2002-454 Page 4 8. Upon cessation of the business operations or use of the mono-pine or mono-palm and accessory structures by the applicants, the applicants have 90 days to submit a substitute user satisfactory to the Director of Planning and Building Department, or remove the mono-pines and accessory structures and return the site to its original condition within 180 days after the substitute user is determined. 9. Cooperate with other tele-communication companies who wish to co-locate additional antennas on subject property provided said co-locatees have received a conditional use permit for such use at said site from the City. Permittee shall exercise good faith in co-locating with other communications companies and sharing the subject property, 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 exemised 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 complaining user. 10. If a mono-pine is constructed, a future provider may co-locate as a second provider, subject to an administrative conditional use permit for the second antenna array with approval by the Zoning Administrator. The future administrative conditional use permit will be required to comply with all conditions of this conditional use permit, and any additional conditions determined by the Zoning Administrator to be appropriate to ensure compatibility. 11. Comply with American National Standards Institute (ANSI) standards for Eectric Magnetic Fields (EMF) emissions. If on review, the City f'mds that the project does not comply with ANSI standards, the City may revoke or modify this conditional use permit. 12. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local frequencies used by the Chula Vista Elementary, Sweetwater Union High School, and Sweetwater Authority or Otay Water Districts. If on review the City finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 13. Access to the equipment cabinet, antennas, and satellite dish shall be restricted and limited to service personnel and limited to a maximum of two visits per month during daytime houm for routine non-emergency maintenance. The project must have adequate access control to the antennas and equipment areas to help prevent theft, graffiti, and other forms of vandalism. Applicant shall contact the Crime Prevention Unit of the Police Department at 691-5127 for inspection and implementation of any crime prevention elements prior to commencement of operation. 14. All lighting for the equipment enclosure shall be in conformance with Section 17.28.020 of the Municipal Code. The lighting plan shall include notations on the type of shielding proposed to eliminate glare from adjacent residents, and shall be reviewed and approved by the Planning and Building Director. 15. Comply with the City's Municipal Code noise standards. Within three (3) months of the issuance of the certificate of occupancy, the applicant shall submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noise. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for residential uses. Said report shall be subject to review and approval by the Director for consistency with the project proposal Resolution 2002-454 Page 5 report and Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 16. The project shall be developed and maintained in accordance with the approved plans on file in the Planning Division, the conditions contained herein, and Title 19 (Zoning) of the Chula Vista Municipal Code. 17. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed to the satisfaction of the Director of Planning and Building. 18. 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. 19. 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 Municipal Code regarding graffiti control. 20. Comply with all requirements and obtain all necessary permits from the Chuia Vista Building Division. A building permit will be required for the mono-pine and equipment building, with the provision of structural calculations for the proposed monopalm. Compliance with 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1999 National Electrical Code is required. 21. Comply with all requirements of the Chuia Vista Fire Department. Additional review will be required at the time of building permit approval. 22. Comply with all requirements of the Chula Vista Engineering Department. Additional review will be required at the time of building permit approval. 23. 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. 24. 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/condition, 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. 25. 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 Resolution 2002-454 Page 6 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 (c) applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 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. 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 of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/applicant'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. ,~gaa(fi~6 of Property Owner £b z)o~olo/om e~oF-~o/u 7'/~;-~1 Date of Representative of Date mmunications H. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) years after the date of its approval by the City Council. After the first five (5) years, 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 all conditions are being satisfied or whether or not the structure(s) can be lowered. I. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. J. INVALIDITY; AUTOMATIC REVOCATION Resolution 2002-454 Page 7 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 unerfforceable, 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 Robert A. L~ter Planning & Building Director tCity Attorney 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 Shirley Horto~, Mayor ATI'EST: u 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. 2002-454 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 C er I SOLAR TURBINES FUN ~ 4 ALL ~ SAN DIEGO VILLA PALLETS MARINA APARTMENTS KIDS OUTLET PRO LOCATION BRENtWOOD CHULA VISTA PLANNING · AND BUILDING DEPARTMENT LOCATOR IzP~.o~[~,Tw: cox COMMUNICATIONS PROJECTDESCRIPTION: (~ P.O:EC* CONDITIONAL USE PERMIT I ADDRESS; 1008 INDUSTRIAL BOULEVARD Request:. Proposal f~r the installation and operation of a telecommunication facility to include: 9 panel antennas mounted SCALE; ~ FILE NUMBER: on a 48 foot high monopalm, and support equipment. ' ' NORTH No Scale ~ PCC-02-41 Related Case: IS-02-027. C:\DAI FILES\Iocators\PCC0241.cdr 02/12/02