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HomeMy WebLinkAboutReso 2002-420 DOC # 2002-1153496 DEl3 17, 2002 4:O2 PM Recording requested ~FI~I~ by: ~N I)IES0 COI~NTY ~Eil]P,I~'5 0FFIOE FEES: 0.~ After recording return CiW Clerk's Office CiW of Chula 276 Fou~ Avenue Chula Vista, CA 91910 This space for Recorder's use o.ly resolution no. 2002-420 RESOLUTION NO. 2002-420 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOUR ADDITIONAL 10-FOOT DIAMETER SATELLITE DISHES AND A 40-FOOT ANTENNA TOWER TO THE EXISTING CHULA VISTA CABLE FACILITY LOCATED AT 706 'F' STREET 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 706 'F' Street ("Project Site"); and 2. Project Applicant WHEREAS, on May 14, 2002, a duly verified application for a Conditional Use Permit (PCC-02-84) was filed with the City of Chula Vista Planning Division by Martin Altbaum (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, four additional 10-foot diameter satellite dishes and a 40-foot antenna tower to the existing. Chula Vista Cable facility located at the south end of an existing apartment complex at 706 'F' Street; and 4. 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 Alterations in Land Use Limitations); and 5. Planning Commission Record on Application WHEREAS, the Planning Commission heating was scheduled and advertised for October 9, 2002, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at which time the Planning Commission voted 4-0 to recommend that the City Council approve the project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution PCC-02-84; and 6. 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 October 22, 2002, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. Resolution 2002-420 Page 2 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 imo the record of this proceeding. C. 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. The use consists of ten satellite dish amennas (nine, 10-foot diameter and one 3-foot diameter), a 40-foot antenna tower with various antennas and a 210 square foot equipment storage. Chula Vista Cable has a franchise agreement with the City of Chula Vista to operate its television cable facility. The facility currently receives signals for cable television for customers in the western Chula Vista area. The facility has been operating at 706 'F' Street for approximately 15 years without any significant number of complaints from the surrounding neighbors. Chula Vista Cable provides an alternative cable service, thereby increasing options and competition for more and better service to residents. 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 Chula Vista Cable facility has been operating at 706 "F" Street for approximately 15 years. There is no historical data that indicates that the operation of the satellites dishes and antenna tower has created or caused any negative effects on the residents of the adjacent apartment complex or the surrounding area. The legalization of the additional satellite dishes and antenna tower will not create or cause new negative effects. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use is an unclassified use. Conditional approval of PCC-02-84 requires compliance with all conditions, codes and regulations for Unclassified Uses in the Apartmem Residemial (R-3) zoning district, as applicable, prior to the final issuance of any permit or for the use as described. 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. The project is an unclassified use and is consistent with the General Plan and Zoning Ordinance land use designations. The property is zoned R-3, which allows unclassified uses with a Conditional Use Permit. The project as conditioned, is in compliance with the applicable codes and regulations. All conditions must be satisfied prior to final building inspection. D. TERMS OF GRANT OF PERMIT Resolution 2002-420 Page 3 - The City Council hereby grants Conditional Use Permit PCC-02-84 subject to the following conditions: PLANNING & BUILDING CONDITIONS 1. The project shall comply with all conditions of approval for PCC-02-84. 2. The Applicant shall obtain the appropriate building permits for the four additional satellite dishes and the 40-foot antenna tower. 3. The Applicant shall maintain the hedges along the eastern property boundary in accordance with Section 19.58.150 of the CVMC. 4. The Applicant shall relocate the satellite dish located in the most southeast corner of the property to an area of sufficiem distance away from the adjoining residential properties as determined by the Director of Planning and Building Department within 45 days from the date of approval of this resolution. 5. Prior to the issuance of the required building permits, the Applicant shall submit a landscape plan for the perimeter of the area occupied by the cable facility to the Planning and Building Department for review and approval. STANDARD CONDITIONS 1. A copy of this resolution shall be recorded against the property. 2. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. 3. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the Applicant shall provide the Planning Division with a recorded copy of said document. 4. 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. 5. This 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. 6. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. Resolution 2002-420 Page 4 7. The Applicant shall and does hereby agree m indemnify, protect, defend and hold harmless City, its City Council members, 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 (c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, ant 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. 8. The area occupied by the cable facility shall be maintained in weed-free and healthy manner to the satisfaction of the Planning and Building Depadment. 9. The Applicant shall ensure that the cable facility continually meet all Federal Communication Commission requirements throughout the operation of the facility. E. 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 City Clerk and 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 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. Said document will also be on file in the City Clerk's Office. ~iign~a~re~o Owner~~' /2//~-~Date/2-,oo ~ re of Representative tot Date Chula Vista Cable F. INVALIDITY; AUTOMATIC REVOCATION Resolution 2002-420 Page 5 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. This resolution of approval is hereby passed and approved by the City Council of the City of Chula Vista, California this 22nd day of October 2002. Presented by Approved as to form by Robert A. Leiter Planning & Building Director PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of October, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Council members: None ABSENT: Councilmembers: None Shirley Horto~ Mayor ATFEST: Susan Bigelow, City Clerl~ 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. 2002-420 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Coundl held on the 22nd day of October, 2002. Executed this 22nd day of October, 2002. Susan Bigelow, City Clerk YARD HOME LOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATORPROJECT PROJECT DESCRIP~ON: " ~ APPLICA~: CHU~ VISTA CABLE LTD. .~o~;~ CONDITIONAL USE PERMIT ADDRESS: 70~ "F" STREET Request: Proposal for the installation and o~eration  of a nine satellite dishes at Pa~ Regency ~padment ~ NORTH No S~le PCC-02-84 complex Io~ted at 706 "F" Stm~t. " C:OAlFILEUecators~PCC0284.cdr 05/28/02