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).
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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
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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-
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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
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4/22/2026
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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]
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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
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