HomeMy WebLinkAboutResolution 2025-05RESOLUTION NO. 2025-05
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA APPROVING A CONDITIONAL USE
PERMIT (CUP23-0015) FOR A 50-FOOT FREESTANDING
WIRELESS TELECOMMUNICATIONS FACILITY ON A 3.89-
ACRE PARCEL WITH AN EXISTING CHURCH WITHIN THE
SINGLE-FAMILY RESIDENCE (R-1) ZONE
WHEREAS, on August 11, 2023, a duly verified application for a Conditional Use Permit
(“CUP”) was filed with the City of Chula Vista Development Services Department by AT&T
Mobility (“Applicant”); Chula Vista Presbyterian Church is the property owner (“Property
Owner”); and
WHEREAS, the area leased by the Applicant, which is the subject of this Resolution, is a
portion of a property improved with an existing church at 940 Hilltop Drive, on the west side of
Hilltop Drive, north of Angela Lane and south of L Street (“Project Site”); and
WHEREAS, the Applicant requests approval of a CUP to install a 50-foot freestanding
wireless telecommunications facility along with an associated equipment enclosure (“Project”); and
WHEREAS, in accordance with Chula Vista Municipal Code (“CVMC”) Section
19.89.060, wireless telecommunications facilities are subject to the height limitation stipulated in
the underlying zone; and
WHEREAS, the Single-Family Residence (R-1) zone has a maximum height of 28 feet; and
WHEREAS, in accordance with CVMC 19.89.060, any wireless telecommunications
facility that exceeds the maximum height allowed in a particular zone shall require a CUP that can
only be issued following a public hearing before the Planning Commission of the City of Chula
Vista (“Planning Commission”); and
WHEREAS, the proposed height of the Project (50 feet) is the only technologically feasible
option for providing service to the area because a facility built at the maximum height in the R-1
zone (28 feet) would not be sufficient to allow for future expansion or co-locations with multiple
providers; and
WHEREAS, the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act (“CEQA”) and determined that the
Project qualifies for a Class 3 categorical exemption pursuant to Section 15303 (New Construction
or Conversion of Small Structures) of the CEQA Guidelines; and
WHEREAS, the Director of Development Services set the time and place for a hearing on
the application, and notice of the hearing, together with its purpose, was given by its publication
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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, the hearing was held as advertised at 6:00 p.m. on Wednesday, May 14, 2025,
in the Council Chambers, 276 Fourth Avenue, before the Planning Commission , and the hearing
was thereafter closed; and
WHEREAS, City staff, after its review of the application and materials submitted for
CUP23-0015, recommends approval of the Project; and
WHEREAS, the Planning Commission reviewed and considered all materials for CUP23-
0015 and the Project, as well as having considered oral testimony and documentary evidence
submitted related to CUP23-0015 and the Project.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, after
incorporation of the Recitals above, that it hereby makes the following findings pursuant to CVMC
19.14.080:
1. The proposed use at this location is necessary or desirable to provide a service or
facility that will contribute to the general wellbeing 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, and will improve wireless
communication as a public convenience by providing essential communication and
improved service in the area surrounding its location. The use will continue to aid in the
general wellbeing of the community by improving the reliability of wireless
communication in its 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.
2. The use will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity, nor will it be injurious to property or
improvements in the vicinity.
The Radio Frequency – Electromagnetic Energy (RF-EME) Compliance Report indicates
that the proposed installation will comply with Federal Communications Commission
(FCC) regulations upon proper installation of recommended signage and/or barriers. The
only location in which modeling exceeds the FCC’s general public limit is within
approximately 20 feet of the proposed antennas at the utility line level. The adjacent utility
pole, between the heights of 35 feet and 38 feet, will not exceed the FCC’s occupational
limit and signage will be installed for utility workers. All other areas do not exceed the
FCC’s general public limit for safety. The nearest adjacent parcels to the south are greater
than 20 feet from the facility with a by-right height limit of 28 feet. To minimize visual
impacts, the facility utilizes a stealth design to appear as a faux eucalyptus tree,
complimenting existing adjacent landscaping and screening cellular equipment from public
views. It will not interfere with any existing activities or conveniences of the public.
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3. The proposed use will comply with the specified regulations and conditions in Title
19 of the CVMC.
The use will be implemented in compliance with the development criteria outlined in
CVMC 19.89.060 and all other City zoning and building regulations. Further, this CUP
requires the Applicant and Property Owner to meet conditions of approval in the interest
of protecting the health, safety, and welfare of the surrounding community, including
compliance with all applicable regulations and standards specified in CVMC 19.89 for the use.
4. Granting this conditional use will not adversely affect the General Plan of the City
nor the adopted plan of any governmental agency.
The integration of wireless facilities with existing uses helps to implement General Plan
Policy PFS 24.1, regarding state-of-the-art wireless facilities, as well as PFS 24.2,
regarding siting and design techniques that minimize community impacts.
BE IT FURTHER RESOLVED that the Planning Commission, based upon the Findings
above, does hereby approve CUP23-0015, subject to the following conditions, which shall apply
to the Project Site for as long as it relies upon this approval:
1. The Applicant shall maintain the Project in accordance with the approved plans for CUP23-
0015, which include a site plan and architectural elevations on file with the Development
Services Department. The Project shall also maintain compliance with the conditions
contained herein and CVMC Title 19.
2. Approval of this permit shall not waive compliance with all applicable provisions of
CVMC Title 19 nor any other applicable City ordinances in effect at the time of building
permit issuance.
3. The Applicant shall execute this permit only as the authorized use. Any new use or
modification/expansion of uses shall be subject to additional review and approval by the
Zoning Administrator.
4. The Applicant shall cooperate with telecommunications companies in co-locating
additional antennas on the subject property, provided said co-locators have received a
permit from the City for such use at the Project Site. The Applicant shall exercise good
faith in co-locating with other telecommunications 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 the Applicant has exercised
good faith in accommodating other users, the City may require a third-party technical study
at the expense of the Applicant.
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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 Director of Development
Services and/or remove the Project and all associated equipment from the Project Site. If
the facility is removed, the Applicant shall restore the Project Site to its original condition.
Any changes to this permit shall require a modification to be reviewed by the Zoning
Administrator.
6. The Applicant shall comply with the construction and demolition debris recycling
requirements as set forth in CVMC 8.25.095, including submittal of a Waste Management
Report and possible payment of a Performance Deposit prior to the issuance of a building
permit for the Project.
7. The Property Owner and Applicant shall and do agree to fully and timely indemnify,
protect, defend, and hold harmless the 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 fees (collectively, liabilities)
incurred by the City arising, directly or indirectly, from (a) the City’s approval and issuance
of this permit and (b) the 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 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.
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, 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, review, 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.
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.
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____________________________________ ______________________
Sandra Santana Date
for AT&T Mobility
(Applicant)
____________________________________ ______________________
Allan Tait Date
for Chula Vista Presbyterian Church
(Property Owner)
CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fails to be met, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fails 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 approv als 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.
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 is 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.
[SIGNATURES ON THE FOLLOWING PAGE]
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6/23/2025
7/6/2025
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Presented by Approved as to form by
Robert A. Vacchi for Marco A. Verdugo
Interim Director of Development Services City Attorney
PASSED, APPROVED and ADOPTED by the Planning Commission of the City of Chula
Vista, California, this 14th day of May 2025, by the following vote:
AYES: Commissioners: Burroughs, Combs, Felber, Leal and Torres
NOES: Commissioners: None
ABSENT: Commissioners: Sanfilippo and De La Rosa
___________________________
for Michael De La Rosa, Chair
ATTEST:
_______________________
Mariluz Zepeda, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Mariluz Zepeda, Deputy City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2025-05 was duly passed, approved, and adopted by the Planning
Commission at a regular meeting of the Planning Commission held on the 14th day of May 2025.
Executed this 14th day of May 2025.
Mariluz Zepeda, Deputy City Clerk
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