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HomeMy WebLinkAboutReso 2003-104Recording 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 DOE APR 24, 2003 12:30 PM Fl~: 0.00 This space for Recorder's use only RESOLUTION NO. 2003-I04 Document T~le RESOLUTION NO. 2003-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT, PCC-03-15, TO NEXTEL TO CONSTRUCT AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY AT 816 MILLER DRIVE 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 816 Miller Drive (Project Site); and 2. Project Applicant WHEREAS, on August 27, 2002 a duly verified application for a Conditional Use Permit (PCC-03-15) was filed with the City of Chula Vista Planning Division by Nextel; and 3. Project Description; Application for Conditional Use Permit WHEREAS, applicant requests permission to construct an unmanned wireless telecommunications facility consisting of one 55-foot-high monopine to support twelve antenna arrays; and a 180-square-foot equipment area 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 heating was scheduled and advertised for December 18, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at which time the Planning Commission continued the item to February 12, 2003; and WHEREAS, on February 12, 2003, the Planning Commission voted 4-0 to recommend that the City Coundl approve the project based on the findings listed in accordance with Planning Commission Resolution PCC-03-15; 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 January 21, 2003 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same; and Resolution 2003-104 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 ail evidence on the project introduced before the Planning Commission at their public hearing on this project held on December 18, 2002 and February 12, 2003 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 Quaiity Act. D. 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 to approve the issuance of conditional use permits, as herein below 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 use at this location is necessary and desirable to provide and improve telecommunications in the EastLake Business Center, and in surrounding commerciai and residential areas. Improved coverage and capacity for this system 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. The proposed use will not pose a danger to the health, safety or general welfare to the general public, or be injurious to property or improvements in the vicinity. Emissions from cellular antennas have been shown to be below any levels that would cause hazardous biological effects. In addition, cellular antenna emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. The facility will comply with the Federal standards for radio frequency emissions, and has been conditioned to require that the applicant prove compliance with the accepted American National Standards Institute (ANSI) standards for emissions control. The proposed 55 foot-high monopine will be set back 350 feet from the road, amongst a 58-foot-high eucaiyptus tree and two live pine trees measuring 30 feet and 42 feet in height, thereby blending into the existing environment; and the equipment will be located inside of an existing building. In addition, the proposed monopine will be able to accommodate antennas for a future provider below Nextel's antennas. Resolution 2003-104 Page 3 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 iraposed are directly related to and 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. The granting of this permit will not adversely affect the Chula Vista General Plan in that said project is proposed to be built in a location with minimal impact on the already existing land use, and virtually no visual impact on the existing area due to the stealth design of the monopine. Monthly maintenance visits that the project may generate will not result in the intensification of the use of the site and is an insignificant increase in the traffic for the neighborhood. E. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-03-15 subject to the following conditions whereby the applicant and/or property owner shall: 1. Construct the project as shown in conceptual plans revised October 8, 2002. This permit shall be limited to providing Nextel, a wireless telecommunications provider, the entitlement to locate a facility at this location, and cannot be sold or leased to another provider without a reapplicafion for a conditional use permit. 2. Cooperate with other telecommunication companies in co-locating additional antennas on subject property, provided said co-locaters 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 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 the potential user. 3. Comply with ANSI standards for Electric Magnetic Fields (EIVIF) emissions. Within six (6) months of the Building Division fmai 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. 4. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local radio frequencies used by local school Resolution 2003-104 Page 4 districts and 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. 5. Access to the equipment enclosure and antennas shall be restricted to service personnel and limited to a maximum of two visits per month during daytime hours for routine non-emergency maintenance. 6. Comply with the City's Municipal Code noise standards. Within throe (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 August 27, 2002 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. 7. 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, 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. 8. Project site shall be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of approval. 9. 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. 10. Prior to issuance of a final occupancy permit and operation of the facility, a final inspection of the facility shall be conducted by Planning staff to ensure that all conditions of approval have been met and all necessary permits have been obtained. Prior to final inspection, electrical power may be temporarily provided to the facility for testing purposes only. 11. Upon cessation of the business operations and use of the antennas and equipment by the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of the Director of Planning and Building Department and/or remove the antennas and equipment and return the site back to its original condition. Any changes on the original conditional use permit shall require modification. Resolution 2003-104 Page 5 12 Comply with ail requirements and obtain ail necessary permits from the Chula Vista Building Division, Fire Depashnent and Engineering Department. 13. This permit shall be subject to any and all new, modified or deleted conditions imposed after appmvai of this permit to advance a legitimate govemmentai interest related to heaith, safety or welfare which the City shail 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 fight/condition, may not impose a substantiai expense or deprive Permittee of a substantiai revenue source which the Permittee cannot, in the normai operation of the use permitted, be expected to economicaily recover. F. ADDITIONAL TERMS AND PROVISIONS TO GRANT 1. 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 Municipai Code. 2. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this docmnent 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 Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shail 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 approvai. Said document will also be on file in the City Clerk's Office. ~K~gna~ of Nextel RepresenthJi~ e~/~-~ Date H. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the City Clerk. I. ADDITIONAL TERM OF GRANT This permit shail expire five (5) 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 Resolution 2003-104 Page 6 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. J. 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 Robert A. Leiter Planning and Building Director Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of March, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: ATrEST: Councilmembem: Susan Bigelow, City CltSrk 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. 2003-104 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of March, 2003. Executed this 18th day of March, 2003. Susan Bigelow, City Clerk