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HomeMy WebLinkAboutReso 2003-042Recording requested by: City of Chula Vista After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 2003-047§813 APR 24, 2003 12:30 PM 8111111, ~ ~ 0.00 This space for Recorder's use only ~SOLUTION NO. 2003-042 Docum*nt T~ RESOLUTION NO. 2003-042 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING CONDITIONAL USE PERMIT PCC 03-05 TO CINGULAR WIRELESS FOR CONSTRUCTION AND OPERATION OF A WIRELESS TELECOMMUNICATIONS FACILITY AT 2800 OLYMPIC PARKWAY I. RECITALS A. Project Site WHEREAS, the area of land commonly known as the ARCO Olympic Training Center, 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 149.56 acres with a Land Use Designation of Quasi-Public; and B. Project; Application for Discretionary Approval WHEREAS, on July 12, 2002, a duly ver'ffied application for a conditional use permit (PCC-03-05) was filed with the City of Chula Vista Planning Department by PlanCom, Inc. on behalf of the applicant Cingular Wireless. C. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the said project on December 11, 2002 and voted 6-0 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-03-05; 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 January 28, 2003 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 f'md, determine, and resolve as follows: II. PLANNING COMMISSION RECORD Resolution 2003-042 Page 2 The proceedings and all evidence on the project introduced before the Planning Commission at their public hearing on this project held on December 11, 2002 and the minutes and resolution resulting therefrom, 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 and the Environmental Review Procedures of the 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 roles 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 antenna location will provide a necessary and desirable service by improving wireless cell phone service to the developing areas of Eastern Chula Vista, including, residents, businesses and visitors to the Olympic Training Center. Additionally, in the event of a natural disaster or other emergency situation whereby traditional phone service may be interrupted, the proposed facility would allow cellular phones to continue operating. 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 proposed antenna use will not be detrimental to the health, safety or general welfare to the surrounding residents or general public. The design of this proposal reduces the impact that a new site may potentially have by integrating into a node of palm trees and expanding an existing building to house equipment. The Federal Communications Commission regulates the radio frequency emissions of the antennas and the facility will comply with those standards. The facility will operate quietly and normally does not emit fumes, smoke, dust, or objectionable odors. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use will comply with the conditions of the Conditional Use Permit, PCC- 03-05 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 government 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 urban development will take place in the Eastern 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 2003-042 Page 3 such high urban developmem throughout the Southbay, 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-03-05, 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. Prior to issuance of any building permit, the applicant shall submit a revised site plan that accurately shows the location of the City and Water easement. 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. 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 or Swectwater Union High School, and Sweetwater Authority or Otay Water Districts. 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. 4. Comply with the City's Municipal Code noise standards. Within three (3) months of the Building Division's final inspection, the applicant shall submit a report to the Director of Planning and Building that 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 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 March 20, 2002 and Municipal Code noise standards. If on review the City fmds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 5. This Conditional 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. 6. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 7. This permit shall expire five (5) years after the date of its approval by the City Council. If, prior to the expiration, a request to extend this conditional use permit is received, 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 shall be modified from its original approval. Extensions of time may be granted in five (5) year increments. 8. Upon cessation of the business operations and use of the antennas by the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of the Resolution 2003-042 Page 4 Director of Planning and Building Department and/or remove the antennas and equipment from the site. Any changes on the Conditional Use Permit shall require modification. 9. 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. Permittee shall exercise good faith in co4ocating 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 permittce 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 permittce and applicant. 10. Comply with ANSI standards for 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. 11. Obtain building permits from the Chula Vista Building Division. The project must comply with all applicable building codes including the 2001 CBC and CPC. 12. 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. 13. 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 SDG&E and City of Chula Vista prior to issuance of building permit. The proposed facility may not use said power source 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). 14. The equipment shelter is to reflect the architectural features (including color and design) of the Visitor Center. 15. Prior to issuance of a final occupancy permit and operation of the wireless telecommunication facility, a final inspection of the facility shall be conducted by the Department of Planning and Building to ensure that all conditions of approval have been met and all necessary permits have been obtained. Electrical power to the facility shall not be enabled prior to issuance of a final occupancy permit, unless such power is needed Resolution 2003-042 Page 5 to test the facility's operation during construction and installation, ff enabled for testing purposes, electrical power shall be disabled once testing is complete. 16. 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. 17. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's 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, 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, above. 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. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Execute this document by making a tree copy of this letter of conditional approval and signing both this original letter and the copy 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 implement same. Upon execution, this document shall be recorded with the County Recorder of the Count of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City's Planning and Building Department. Failure to return the signed tree 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. Signature of Prol~erty Owner Date Date Resolution 2003-042 Page 6 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. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS 28th DAY OF JANUARY 2003. Presented by Approved as to form by Planning and Building Director / $o~f M. Kaheny ~ ~12~ty Attorney Resolution 2003-042 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of January, 2003, by the following vote: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: ATUEST: Councilmembers: None 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. 2003-042 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of January, 2003. Executed this 28th day of January, 2003. Susan Bigelow, City Clerk