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Home My WebLink AboutRDA Reso 2002-1786 RESOLUTION NO. 1786 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING SPECIAL USE PERMIT TC II 02- 02, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A WIRELESS COMMUNICATIONS FACILITY AT 45 NORTH BROADWAY IN THE TOWN CENTRE II REDEVELOPMENT AREA OF THE CITY OF CHULA VISTA. WHEREAS, on March 12, 2002 Cingular Wireiess filed an application for a Special Use Permit for the construction, operation, and maintenance of a Wireless Telecommunications Facility at 45 North Broadway in the Town Centre II Redevelopment Project Area of the City of Chula Vista; and WHEREAS, the Community Development Department Planning and Environmental Services Manager determined that the proposed project is categorically exempt from environmental review pursuant to the California Environmental Quality Act, as a Class 3 Section 15303 exemption, which refers to the new construction of small structures; and WHEREAS, on May 8, 2002, the Town Centre Project Area Committee recommended that the Redevelopment Agency approve the Special Use Permit for a Cingular Wireless Telecommunication Facility; and WHEREAS, the Community Development Director set the time and place for a public hearing to consider the Special Use Permit, and notice of said public hearing and its purpose, was published by a newspaper of general circulation and also mailed to property owners within 300 feet of the exterior boundaries of the real property that is the subject of the public hearing at least 10 days prior to the public hearing; and, WHEREAS, the advertised public hearing was held on June 18, 2002, in the City Council Chambers of the Public Services Building at 276 Fourth Avenue, before the Redevelopment Agency where all testimony was considered, and said public hearing was thereafter closed; and NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista (hereinafter "Agency") does hereby approve Special Use Permit TCII 02-02, according to the findings required for a Special Use Permit and subject to the findings and conditions contained in Exhibit A (attached). PRESENTED BY APPROVED AS TO FORM BY ~s:~ Chris Salomone Director of Community Development I " --,-" "~_."...,.__... -----------_._._-_.~- - - _._._-~,.._,---"'--~...,-~-~---_._..__._~..,..~.- .. ... ._._..._._,--------~------~----_._~-.--~-_..,,_.-.. --- ..-. -- --~-----"- Resolution No. 1786 Page 2 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNiA this 18th day of June, 2002 by the following vote: AYES: Members Davis, Padilla, Rindone, Salas, and Chair/Mayor Horton NOES: None ABSENT: None ABSTENTIONS: None I -.4þ~f¿, . Shirley Ho, n Chairman ATTEST: ~~à~ Chris Salomone -- Executive Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Chris Saiomone, 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. 1786 and that the same has not been amended or repealed. Dated: June 19, 2002 ~~.~ Chris Salomone --- Executive Secretary EXHIBIT A SPECIAL USE PERMIT TC II 02-02, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A WIRELESS COMMUNICATIONS FACILITY AT 45 NORTH BROADWAY IN THE TOWN CENTRE II REDEVELOPMENT AREA OF THE CITY OF CHULA VISTA A. TOWN CENTRE PROJECT AREA COMMITTEE RECORD The proceedings and all evidence on the proposed project introduced before the Town Centre Project Area Committee at their public hearing on this project held on May 8, 2002, the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding. B. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency of the City of Chula Vista does hereby determine that the proposed project is categorically exempt from environmental review pursuant to the California Environmental Quality Act, as a Class 3 Section 15303 exemption, which refers to the new construction of small structures. C. SPECIAL USE PERMIT FINDINGS 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility which contributes 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 Chula Vista. The proposed wireless communications facility will provide a utility of ubiquitous convenience and general use. Improved coverage and capacity for the system will ensure availability to business users, personal users, and emergency service providers, thereby enhancing daily commurication activities, including emergency and response services. 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 facility will comply with the Federal Standards for radio frequency emissions, and has been conditioned to require that the applicant prove compliance with the accepted ANSI standards for emissions control. The equipment associated with the use operates quietly and virtually noise free. The equipment, when operating, normally does not emit fumes, smoke, dust, or objectionable odors. The radio frequency emissions emitted by the proposed project will fall within the portion of the electromagnetic spectrum, which transmits non-ionizing radio waves, Non-ionizing electromagnetic emissions at the low levels associated with this type of wireless 1 technology (with current available data) have not been shown to be harmful to living cells. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This Special Use Permit conditions the permittee to comply with all applicable regulations and standards specified within the Municipal Code for this type of land use. The conditions of this permit are approximately in proportion to the nature and extent of the impact created by the proposed development. 4. That the granting of this Special Use Permit will not adversely affect the General Plan of the City of Chula Vista, the Town Centre Redevelopment Plan, or the adopted plan of any other government agency. The granting of this permit. will not adversely affect the City of Chula Vista General Plan or Agency's Town Centre Plan due to the minimal impact of the land use. Monthly maintenance visits that the project may generate will not result in the intensification of the use, and does not significantly increase traffic to the commercial shopping center. The integration of the antennas into the existing structure as specified in the project's application and public hearing will not be a significant visual intrusion to the City of Chula Vista (hereinafter "City"). D. TERMS OF GRANT OF PERMIT The Redevelopment Agency of the City of Chula Vista hereby grants Special Use Permit TC II 02-02 subject to the following conditions whereby the applicant and/or property owner shall: 1. Construct the project as shown in the application, elevations, and other exhibits submitted for review at the Town Centre II Project Area Committee public hearing dated May 8, 2002. The colors shall match the existing structure. 2. Cooperate in good faith with other communication companies in co-locating additional antennas on subject property provided said co-Iocatees have received a special use permit for such use at said location from the Agency. Permittee shall exercise good faith in co-locating with other communication 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 penmittee has exercised good faith in accommodating other users, the Agency may require a third party technical study at the expense of either or both the permittee and the future applicant. 2 3. Comply with ANSI standards for EMF emissions. Within six months of the City of Chula Vista Planning and Building Department's final inspection of the project, the Applicant shall submit a project implementation report to the Community Development Director, which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Community Development Director for consistency with the project proposal report and the accepted ANSI standards. If on review the Agency, at its discretion, finds that the project does not meet ANSI standards, the Agency may revoke or modify the special use permit. 4. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the Agency, at its discretion, finds that the project interferes with such reception, the Agency may revoke or modify the special use permit. 5. Obtain building permits for the project from the Chula Vista Planning and Building Department's Building Division, 6. Upon cessation of business operations and use of the site for antennas by the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of the Community Development Director and/or remove the antennas and equipment from the site. Any changes on the special use permit shall require modification. 7. A graffiti resistant treatment shall be specified and applied to all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Community Development Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. 8, 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 Agency shall impose after advance written notice to the permittee and after the Agency has given the permittee the right to be heard with regard thereto. However, the Agency, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee can not, 3 in the normal operation of the use permitted, be expected to economically recover. 9. This Special Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Chula Vista Municipal Code. 10. Applicant/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council Members, the Agency, its members, City or Agency officers, employees, agents 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 or Agency arising, directly or indirectly, from (a) City's or Agency's approval of this special use permit, (b) City's or Agency's approval or issuance of any other permit or action, whether discretionary or non discretionary, in connection with the use contemplated 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 agreement to this provision by executing a copy of this special use permit where indicated below. Applicant/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 the Applicant/Operator's successors or assigns. 11. This permit shall expire five years after the date of approval by the Redevelopment Agency. After five years the Applicant may request an extension of this special use permit by the Zoning Administrator. The Zoning Administrator shall review this special use permit for compliance with the conditions of approval and shall determine, in consultation with the applicant, whether the project needs to be modified from its original approval as part of the extension approval. 12. Execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the property owner and applicant have 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 Community Development Department. Failure to return the signed true copy of this document shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or business license, be held in abeyance without approval. 4 The proposed facility shall not receive permanent power until all pre-operational conditions have been satisfied. Violation of this condition may result in revocation of this special use permit. E. ADDITIONAL TERMS AND PROVISIONS TO GRANT 1. A copy of this resolution shall be recorded against the property. 2. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. F. NOTICE OF EXEMPTION The Redevelopment Agency directs the Community Development Department Planning and Environmental Services Manager to post a Notice of Exemption and file the same with the County Clerk. G. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Agency that its adoption of this Resolution is dependent in 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 detenmined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the penmit shall be deemed to be automatically revoked and of no further force and effect ab initio. I. 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 Community Development Director. Failure to return a signed and stamped copy of this recorded document within ten days of recordation 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. /<3f ~ £¡/¡J t-/II/O l. Date I Signature of Property Owner Ú//J /{)ð- Date 5