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HomeMy WebLinkAboutResolution 2026-004RESOLUTION NO. 2026-004 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT AND APPROVING CONDITIONAL USE PERMIT PLN25-0008 FOR THE CONTINUED USE OF A WIRELESS TELECOMMUNICATION FACILITY ON APPROXIMATELY 393.3 SQUARE FEET OF A 2.76-ACRE PARCEL WITHIN AN R1 SINGLE FAMILY RESIDENTIAL ZONE WHEREAS, on February 24, 2024, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by T-Mobile West, LLC (“Applicant”) for property owned by Hilltop Baptist Church of Chula Vista, California, Inc. (“Property Owner”); and WHEREAS, on November 13, 2025, a duly verified application for a Conditional Use Permit was deemed complete with the City of Chula Vista Development Services Department; and WHEREAS, the property includes a developed place of worship (Hilltop Baptist Church) consisting of approximately 10.695-acres; and WHEREAS, the Applicant proposes to allow for the continued use of a wireless telecommunication facility at the Project Site (“Project”); and WHEREAS, it was determined that the proposed Project was reviewed for compliance with the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. No further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said 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 within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and the hearing was thereafter closed; and WHEREAS, the Planning Commission has reviewed and considered all materials for the Project, including the Project plans and the Staff Report; and WHEREAS, staff recommended that the Planning Commission adopt a Resolution recommending approval of the Project (Conditional Use Permit PLN25-0008). Docusign Envelope ID: 3906491D-F510-4EFC-AE22-04B25AD13050 Resolution No. 2026-004 Page No. 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby approves the Project in accordance with the environmental determination and findings and subject to the conditions contained herein. I. COMPLIANCE WITH CEQA The proposed Project was reviewed for compliance with the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. No further environmental review is required. II. CONDITIONAL USE FINDINGS The Planning Commission, under the provisions of Sections 19.14.030.A and 19.89 of the Chula Vista Municipal Code (CVMC), has made the following findings for approval of this conditional use permit as required by CVMC Section 19.14.080: 1. That the proposed use at the particular 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 will improve wireless communications as a public convenience by continuing to provide essential communication and improved service in the area surrounding its location. The existing facility has not interfered with the surrounding residential activities or conveniences and has contributed to the general well- being of the community by ensuring uninterrupted wireless service for the nearby communities; 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 provides wireless communication company reliability in the coverage area, which can help to enhance 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; 4. That the Applicant and Property Owner will fulfill conditions and comply with all applicable regulations and standards specified in the City's Wireless Ordinance in the CVMC for such use. The use will be built in compliance with the City's Wireless Ordinance development criteria and all other City zoning and building regulations. The conditions of this permit are approximately in proportion to the nature and extent of the impact created by the use in that the conditions imposed are directly related to, and of a nature and scope related to the size and impact of the use. The use complies with all regulations and conditions specified in the CVMC; 5. 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; and Docusign Envelope ID: 3906491D-F510-4EFC-AE22-04B25AD13050 Resolution No. 2026-004 Page No. 3 6. That the integration of wireless facilities within existing land use helps to achieve the General Plan's Public Facilities and Services Element (PFS) 24.2 Objective. As part of the review of this existing telecommunications facility, the applicant was required to stealth the project's design of the monopole and the siting of the equipment enclosure in order to allow other wireless carriers usage of the monopole and site as well as to minimize visual impacts of the telecommunication facility on the adjacent residential neighborhood and park. III. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL The following shall be accomplished to the satisfaction of the Director of Development Services or his designee: Planning 1. The Applicant/Representative and Property Owner shall execute this document by making a true copy and signing both this original Notice of Decision and the copy on the lines provided below, said execution indicating that the Applicant/Representative and Property Owner have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Development Services Department. Failure to return the signed tr ue copy of this document within 30 Days of the effective date herein shall indicate the Applicant/Representative and Property Owner's desire that the project, and corresponding application for building/grading permits and/or business license, be held in abeyance without approval. 2. The Applicant shall construct and maintain the Project in accordance with the approved plans for PLN25-0008, date stamped approved on November 13, 2025, which includes a site plan and architectural elevations on file in the Planning Division, the conditions contained herein, and Title 19. 3. Approval of this Project shall not waive the Applicant's responsibility to comply with all sections of Title 19 of the CVMC, previously approved PCC-01-069 (Reso 2001-315) and all other applicable City Ordinances in effect at the time of building permit issuance or the approval of this Conditional Use Permit. 4. The Applicant shall execute this Conditional Use Permit as the authorized use only. Any new use or modification/expansion of uses shall be subject to the review and approval of the Zoning Administrator and/or Planning Commission. 5. The Applicant shall cooperate with telecommunications companies in co-locating additional antennas on subject property provided said co-locators have received a Conditional Use Permit for such use at said site from the City. The 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- Docusign Envelope ID: 3906491D-F510-4EFC-AE22-04B25AD13050 Resolution No. 2026-004 Page No. 4 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. 6. 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 Si te. If the facility is removed, then the Applicant shall restore the Project Site to its original condition. IV. 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, 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. V. 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. ________________________________ ________________________ Walton Hatch Date for Hilltop Baptist Church of Chula Vista, California, Inc. Property Owner ________________________________ _______________________ Michael Crawford Date for NetworkConnex for T-Mobile West, LLC Applicant Docusign Envelope ID: 3906491D-F510-4EFC-AE22-04B25AD13050 4/21/2026 4/22/2026 Resolution No. 2026-004 Page No. 5 VI. CONSEQUENCES 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. VII. 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. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 3906491D-F510-4EFC-AE22-04B25AD13050 Resolution No. 2026-004 Page No. 6 Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Director of Development Services PASSED, APPROVED, and ADOPTED by the Planning Commission of the City of Chula Vista, California, this 25th day of March 2026, by the following vote: AYES: Commissioners: Combs, De La Rosa, Felber, Jones, Sanfilippo, Torres, and Leal NOES: Commissioners: None ABSENT: Commissioners: None Rodrigo Leal, 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. 2026-004 was duly passed, approved, and adopted by the Planning Commission at a regular meeting of the Planning Commission held on the 25th of March 2026. Executed this 25th day of March 2026. Mariluz Zepeda, Deputy City Clerk Docusign Envelope ID: 3906491D-F510-4EFC-AE22-04B25AD13050