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HomeMy WebLinkAboutRDA Reso 2000-1706 RESOLUTION NO. 1706 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING ASPECIAL USE PERMIT SUPO-01-01 (FORMERLY PCC-01-08), TO SPRINT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 875 ENERGY WAY. A. RECITALS 1. Project Site WHEREAS, the parcel which 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 875 Energy Way ("Project Site"); and, 2. Project Applicant WHEREAS, on July 9, 2000 a duly verified application for a special use permit (SUPO- 01-01) was filed with the City of Chula Vista Planning Division by Sprint PCS (Applicant); and, 3. Project Description; Application for Special Use Permit WHEREAS, Applicant requests permission to construct an unmanned cellular communications facility consisting of a 50-foot high monopine. The facility will consist of one monopine with nine panel directional antennas, with seven equipment cabinets on the Project Site; and, 4. Planning Commission Record on Application WHEREAS, the Planning Commission scheduled and advertised a public hearing on the Project for October 25, 2000, and WHEREAS, the Planning Commission at their meeting of October 25, 2000, held the public hearing and recommended by a vote of 5-0-2-0 that the Redevelopment Agency of the City of Chula Vista approve the application; and 5. Redevelopment Agency Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the' Redevelopment Agency of the City of Chula Vista on December 5, 2000, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. Resolution No. 1706 Page 2 NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby find, determine and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on October 25, 2000 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 Section 15303 Class 3, new construction or conversion of small structures, Categorical Exemption from environmental review pursuant to the California Environmental Quality Act. D. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. SPECIAL USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of special 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 the 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 cellular facility is necessary to provide and maintain a quality cellular phone system in eastern Chula Vista, specifically providing service for the Otay Valley Road and Energy Way areas. The cellular facility will contribute to the general well being of thè community by facilitating telephonic communication in the area surrounding said facility. 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. According to a study submitted by the applicant, cellular communications operate on low-power radio waves. 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 Resolution No. 1706 Page 3 below all recognized safety standards that they constitute no hazard to public health or safety. The project has been conditioned that the applicant prove compliance with the accepted ANSI standards for emissions control. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Special Use Permit SUPO-01-01 requires the permittee to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of SUPO-01-01 is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are direclly related to and are of a nature and scope related to the size and impact of the project. 4. That the granting of this special use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of SUPO-01-01 will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a public/quasi-public site. The site is surrounded by industrial uses conforming with the General Plan. F. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit SUPO-01-01 subject to the following conditions whereby the applicant and/or property owner shall: 1. Construct the project as shown in conceptual plans, elevations, photo-simulations and other exhibits submitted for review at the Redevelopment Agency public hearing. 2. Prior to issuance of building permits, submit said plans for review and approval to ensure that all proposed colors and materials will architecturally integrate with the surrounding environment to the satisfaction of the Planning Director and the City Landscape Planner. 3. Upon completion of the "monopine,· and the placement of associated equipment cabinets on site, the applicant shall ensure and be responsible for all maintenance repairs, replacement or upgrade of said improvements for the life of the project. This condition shall include the replacement of any pine tree elements that appear faded or worn over time or as a result of adverse weather ,effects, as determined by and to the satisfaction of the Director of Planning and Building of the City of Chula Vista. 4. In the event that any damage occurs to the "monopine: fence enclosure, or landscape elements, the applicant will appropriately upgrade, repair or replace the said improvements to the satisfaction of the Director of Planning and Building. 5. The applicant shall remove all said improvements and restore the site to its original condition in .----.--. Resolution No. 1706 Page 4 6. the event that new technologies provide service that would cause the existing facility to become obsolete, 7. This permit shall be limited to providing Sprint PCS Communications, a wireless tele- communication provider, the entitlementto locate a facility atthis location, and cannot be sold or leased to another provider without written approval of the City. 8, Upon cessation of the business operations and use of the "monopine" 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 "monopine" and accessory structure and return the site to its original condition, 9. Cooperate with other telecommunication companies in co-locating additional antennas on subject property provided said co-Iocatees 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 complaining user. 10, Comply with ANSI standards for EMF emissions. If on review, the City finds that the project does not comply with ANSI standards, the City may revoke or modify this conditional use permit. 11, Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local frequencies used by the Chula Vista Elementary, Sweetwater Union High School, and Sweetwater Authority or Otay Water Districts. If on review the City finds that the project interferes with such reception, the City may revoke or modify the special use permit. 12. Access to the equipment cabinets, antennas, and satellite dish shall be restricted and limited to service personnel. The project must have adequate access control to the antennas and equipment areas to help prevent theft, graffiti, and other forms of vandalism. Applicant shall contact the Crime Prevention Unit of the Police Department at 691-5127 for inspection and implementation of any crime prevention elements prior to commencement of operation. 13. Comply with the City's Municipal Code noise standards. Within three (3) months of the issuance of the certificate of occupancy, the applicant shall submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noise. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for residential uses. Said report shall be subject to review and approval by the Director for consistency with the project proposal report 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. Resolution No. 1706 Page 5 14. The applicant's radio frequency engineers, prior to issuance of building permits, shall provide an analysis of phone interference. This information shall address concerns about cell phone use in relation to the proposed antenna installation. If on review the City finds that the project will cause additional interference due to cell phone reception, the City may revoke or modify the special use permit. 15. The project shall be developed and maintained in accordance with the approved plans on file in the Planning Division, the conditions contained herein, and Title 19 of the Municipal Code (Zoning). 16. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed to the satisfaction of the Director of Planning and Building. 17. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 18. A graffiti resistant treatment shall be specified for all structural surfaces. This shall be noted on any building 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 Municipal Code regarding graffiti control. 19. Comply with all requirements and obtain all necessary permits from the Chula Vista Building Division. A building permit will be required for the "monopine" and equipment cabinets, with the provision of structural calculations for the proposed "monopine." Compliance with 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1996 National Electrical Code is required, 20. Comply with all requirements of the Chula Vista Fire Department. Additional review will be required at the time of building permit approval. 21, Comply with all requirements of the Chula Vista Engineering Department. Additional review will be required at the time of building permit approval. 22. This special use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19,14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 23, This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall 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 righVcondition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation Resolution No. 1706 Page 6 of the use permitted, be expected to economically recover. 24. 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 contE:!mplated 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 agreementto this provision by executing a copy ofthis conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this special use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 25. This permit shall expire five (5) years after the date of its approval by the Redevelopment Agency. The Redevelopment Agency shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine in consultation with the Applicant, whether or not the tower height should be lowered or the project otherwise modified from its original approval in considering an extension of time for the project. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document 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 shall 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 approval. The Redeve ncy dir cts the Environmental Review Coordinator-to post a Notice of Exemption and file the s¡¡me h the County Clerk. ~~ I t:J~J Date H, Resolution No. 1706 Page 7 I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption ofthis Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone 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 //;/;/!Í ¿£~ Robert A. Leiter Director of Planning and Building ¿'?'~ (VA, ~~ Chris Salomone Community Development Director "- Resolution No. 1706 Page 8 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 5th day of December, 2000 by the following vote: AYES: Members Davis, Padilla, Rindone, Salas, and Chair/Mayor Horton NOES: None ABSENT: None ABSTENTIONS: None ÆA/I,þ'<-'¡ßv;Z;;( Shirley Horton # Chairman ATTEST: ~S:~ Chris Salomone Executive Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1706 and that the same has not been amended or repealed. Dated: December 6, 2000 ~~ Chris Salomone Executive Secretary