HomeMy WebLinkAboutResolution 2023-15 Attachment 2
RESOLUTION NO. 2023-15
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT CUP22-0048 FOR A NEW
WIRELESS TELECOMMUNICATION FACILITY LOCATED ON AN
EXISTING CHURCH ON A 1.22 ACRES, ZONED SINGLE-FAMILY
RESIDENCE ZONE (R-1) AND LOCATED AT 301 E. PALOMAR STREET.
WHEREAS, on December 28, 2022, a duly verified application for a Conditional Use
Permit (“CUP”) was filed with the City of Chula Vista by AT&T (“Applicant”); Palomar Street
Church of Christ is the property owner (“Owner”); and
WHEREAS, the area leased by the Applicant, which is the subject of this Resolution, is a
portion of an existing church located at 301 E Palomar Street, east of Melrose Avenue and west of
Nolan Avenue (“Project Site”); and
WHEREAS, the Applicant requests approval of a CUP to install a new Wireless
Telecommunication Facility, consisting of a 53-foot-high enclosed tower structure (“Project”); and
WHEREAS, in accordance with Chula Vista Municipal Code (“CVMC”) Section
19.89.060, wireless telecommunication facilities are subject to the height limitation stipulated in
the underlying zone; and
WHEREAS, the Single-Family Residence Zone (R-1) zone has a maximum building height
of 28 feet; and
WHEREAS, in accordance with CVMC Section 19.89.050, any wireless
telecommunication facilities that exceeds the maximum building height allowed in a particular
zone shall require a public hearing with the City of Chula Vista Planning Commission; and
WHEREAS, the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act (“CEQA”) and has determined that the
Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New
Construction or Conversion of Small Structures) of the State CEQA Guidelines. Thus, no further
environmental review is required; and
WHEREAS, the Director of Development Services set the time and place for a hearing on
the CUP application, and notice of the hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the
hearing; and
WHEREAS, as advertised, the hearing was held at 6:00 p.m. on Wednesday, October 11,
2023 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby makes the following findings:
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1. That the proposed use at the particular location is necessary or desir able to provide
a service or facility which will contribute to the general well-being of the
neighborhood or the community.
The proposed use will provide expanded wireless communication services to the Chula
Vista community including, residential and public facilities. The Project Site is desirable
because it will improve the wireless communication as a public convenience by providing
essential communication and improved service in the surrounding area of its location. It
will not interfere with any existing activities or conveniences of the public and will
continue to aid in the general wellbeing of the community by providing uninterrupted
wireless service for the nearby communities.
To minimize any visual impact, the facility is proposed to be fully encl osed to hide any
cellular equipment. In addition, it was carefully designed to be an architectural compliment
to the existing church, in incorporating some of the stained-glass elements and a steeple-
shaped roof.
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 use will improve and continue to provide a choice in wireless communication
reliability in the use’s coverage area. In the event of an emergency or natural disaster, the
use will be able to continue to function, which supports the general health, safety, and
welfare of the citizens of Chula Vista.
3. That the proposed use will comply with the regulations and conditions specified in
this title for such use.
The use requires the Applicant and Property Owner to fulfill conditions and to comply with
all applicable regulations and standards specified in the City’s Wireless Ordinance (CVMC
19.89) for the telecommunications facility use. The use will be built in compliance with
the City’s Wireless Ordinance development criteria and all other City zoning and building
regulations.
4. That the granting of this conditional use will not adversely affect the General Plan of
the City or the adopted plan of any governmental agency.
The integration of wireless facilities with existing uses helps to achieve General Plan Public
Facilities and Services Element, including Policy PFS 24.1, regarding installing state-of-
the-art wireless facilities, and Policy PFS 24.2, regarding reviewing new
telecommunications facilities and requesting siting and design techniques that minimize
community impacts.
BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings
above, does hereby approve the Conditional Use Permit subject to the following conditions:
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I. The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
1. The Applicant shall maintain the Project Site in accordance with the approved plans,
which include site plans and elevation plans on file in the Planning Division, the
conditions contained herein, and CVMC Title 19.
2. The conditions of approval for this Conditional Use Permit shall be applied to the subject
property until such time as the approval may be revoked, and the existence of this
approval with conditions shall be recorded with the title of the property.
3. The Applicant and Owner shall execute this Conditional Use Permit acknowledging that
the subject telecommunications use is the only use that has been approved and is
authorized on the subject site. Any minor modification/expansion of uses shall be
subject to the review and approval of the Zoning Administrator.
4. The Applicant shall cooperate with telecommunications companies in co-locating
additional antennas on the subject site provided said co-locators have received a
Conditional Use Permit for such use at said site from the City. Applicant shall exercise
good faith in co-locating 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 Applicant has
exercised good faith in accommodating other users, the City may require a third-party
technical study at the expense of the Applicant.
5. Within 90 days of cessation of the business operations and use of the antennas, the
Applicant shall submit a substitute user to the satisfaction of the Development Services
Director and/or remove the Project and all associated equipment from the Project Site.
If the facility is removed, then the Applicant shall restore the Project Site to its original
condition. Any minor changes on the Conditional Use Permit shall require a
modification to be reviewed by the Zoning Administrator.
6. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
employees 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) any environmental
determinations; (b) City’s approval and issuance of this Conditional Use Permit and (c)
City’s approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated on the project site. The property
Owner and Applicant shall acknowledge their agreement to this provision by executing
a copy of this Conditional Use Permit where indicated below. The property Owner’s
and Applicant’s compliance with this provision shall be binding on any and all of the
property Owner’s and Applicant’s successors and assigns.
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7. Any violations of the terms and conditions of this permit may result in the imposition of
civil or criminal penalties and/or the revocation or modification of this permit.
8. This Conditional Use Permit (CUP22-0048) shall expire if not utilized within ten (10)
years from the Planning Commission approval date or the end of any appeal period,
unless the Applicant initiates an extension prior to expiration of the permit, in
accordance with Section 19.14.600 of the CVMC.
9. This Conditional Use Permit shall become void and ineffective if not utilized within
three (3) years from the effective date thereof, in accordance with CVMC Section
19.14.260. Failure to comply with any conditions of approval shall cause this permit to
be reviewed by the City for additional conditions or revocation.
II. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and any
such protest must be in a manner that complies with Government Code Section 66020(a) and
failure to timely follow this procedure will bar any subsequent legal action to attack, revie w,
set aside, void or annul imposition. The right to protest the fees, dedications, reservations,
or other exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with this project; and it does not apply to any
fees, dedication, reservations, or other exactions which have been given notice similar to this,
nor does it revive challenges to any fees for which the statute of limitations has previously
expired.
III. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood, and
agreed to the conditions contained herein, and will implement the same. Upon execution,
this document shall be signed and returned to the City’s Development Services Department.
________________________________ _______________________
Signature of Property Owner Date
(for Palomar Street Church of Christ)
________________________________
Printed Name of Property Owner
(for Palomar Street Church of Christ)
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11/21/2023
D Williams
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________________________________ _______________________
Signature of Applicant Date
(MD7, LLC for AT&T Wireless)
________________________________
Printed Name of Applicant
(MD7, LLC for AT&T Wireless)
IV. 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. Failure to satisfy the conditions of this
permit may also result in the imposition of civil or criminal penalties.
V. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission 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.
Presented by: Approved as to form:
_________________________ _____________________
for Laura C. Black, AICP for Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
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Harold Thomas Jr.
11/21/2023
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PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 11th day of October 2023, by the following vote, to-wit;
AYES: Burroughs, Combs, Leal, Torres
NOES: 0
ABSENT: Felber, De La Rosa, Zaker
ABSTAIN: 0
_________________________
Jerome Torres, Vice Chair
ATTEST:
________________________
Mariluz Zepeda, Secretary
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