HomeMy WebLinkAboutPlanning Comm Rpts./1995/10/25 (3)
ITEM TITLE:
PLANNING COMMISSION AGENDA STATEMENT
Page 1, Item ~
Meeting Date 10/25/95
Public Hearing: Conditional Use Permit PCC-95-48; request to construct
and operate a cellular communications facility located at 625 H Street;
composed of a 950 square foot enclosure containing a 360 square foot
equipment building a 75 foot tall monopole supporting 30 directional
(panel) antennas, six omni-directional (whip) antennas and four digital
(dish) antennas - AirTouch Cellular
AirTouch Cellular is requesting permission to construct and operate a cellular communications
facility at 625 H Street composed of a 950 square foot enclosure containing a 360 square foot
equipment building and a 75 foot tall monopole supporting 30 directional (panel) antennas, six
omni-directional (whip) antennas and four digital (dish) antennas at the rear or northern
boundary line of 625 "H" Street (see Exhibit A).
The Environmental Review Coordinator concluded this project is a Class 3(c) and a Class 11
Categorical Exemption from environmental review per the California Environmental Quality Act.
RECOMMENDATION: That the Planning Commission adopt Resolution PCC-95-48
recommending that the City Council approve the conditional use permit based on the attached
draft City Council Resolution and the conditions and findings contained therein.
DISCUSSION
I, Site Characteristics
The site currently contains the Casa Salsa Restaurant, which sits approximately in the center of
the parcel, and the parking intended to serve this restaurant. It is fully landscaped with two
points of access at the eastern and western edges of the parcel frontage along "H" Street.
2. Zoning and Land Use
Site
North
South
East
West
3. Proposal
Zoning
CTD (Com, Thoroughfare-Design)
CTD
CT (Com, Thoroughfare)
CTD
CTD
Land Use
Restaurant
Trailer Park
Mixed Retail
Mixed Retail
Mixed Retail
AirTouch Cellular proposes to construct an unmanned cellular communications facility at the
northern corner of the parcel. The proposed facility will consist of an approximately 1,000 sq.
ft. fenced area containing a 360 sq. ft. equipment building and a 75 foot tall monopole
supporting a cellular antenna system holding up to 30 direction (panel) antennas, six omni-
directional (whip) antennas and two digital (dish) antennas. (Exhibits Bl and B2).
M:\HOME\PLANNING\MARTIN\AIRTOUCH\HST\9548PC ,RPT
Page 2, Item ~
Meeting Date 10/25/95
4. Similar Establishments
This facility is similar to the PacTel Cellular and U,S, West installations adjacent to 1-5 just
south of Anita Street, and the AirTouch and Nextel communications facilities atop Community
Hospital located at 751 Medical Center Drive. The primary difference between the facilities
adjacent to 1-5 and this one is that the 1-5 antenna arrays were placed atop 60 foot high
monopoles to ensure signal propagation whereas this will be a 75 foot high monopole.
5, Public Forum Results
On September 28, 1994, staff and the applicant held a public forum for the area residents. The
notice was sent to property owners and residents within 500 feet, which is the same as for the
public hearing. The purpose of the forum was to discuss the potential impacts of the cellular
communications facility on the neighborhood and to identify any relevant issues, No area
residents appeared. The only other person to appear besides City staff was Ms. Susan Lay,
AICP, representing AirTouch Cellular.
6, Analvsis
The proposed wireless facility will be located in an area of commercial zoning, specifically, CT
(Commercial Thoroughfare). However, the immediately adjoining parcel to the north contains
a small trailer park, which is considered to be a pre-existing, non-confonning land use. The 75
foot high monopole can be seen not only from the park, but also from quite a distance away.
At staff's request, the Applicant searched for an alternative project location, Ten other sites
were investigated, not including the subject site, and rejected for various reasons. Attached to
this report is Exhibit Cl, a map of western Chula Vista showing the search area and service
area, and Exhibit C2, a matrix of the sites considered, their characteristics and why each one
was rejected.
Notwithstanding the visual impact, staff is recommending approval of this project for a limited
time (ten years) but with the condition that the project be reviewed after the first five years with
the intent to detennine whether or not the tower height can be lowered. This is in recognition
of the substantial civic and business related advantages that occur with enhanced communications
abilities, which this facility will provide. By filling in the current gaps in the system, the
Applicant plans on expanding the communications ability of area businesses, citizens and
emergency services.
At the conclusion of the five year period, this Conditional Use Permit will be reviewed. By that
time it is thought that the system will have been even more enhanced and technology improved
to the point that the tower may be able to either be lowered or removed altogether.
7, Conclusion
Therefore, based on the foregoing, staff is recommending approval for the following reasons:
M: \HOME\PLANNING\MARTIN\AIRTOUCH\HST\9548PC .RPT
Page 3, Item ~
Meeting Date 10/25/95
1, From all available information, communications facilities such as that proposed
do not interfere with the reception of television or radio signals. However, in the
unlikely event that interference is experienced, the project is conditioned to be
reconsidered by the Planning Commission and/or the conditions of approval will
be reviewed and modified as appropriate,
2. The placement of such facilities enhances communications capabilities of
individuals, businesses and emergency services.
3. The site has adequate space for co-locating other cellular facilities and a condition
of approval requires such co-location where feasible.
4. AirTouch will not have personnel present on-site on a permanent basis since there
are no living/office spaces proposed as part of this project. The only time anyone
will be present is during construction of the facility and for periodic maintenance
after the facility is operational.
Exhibits:
A, Locator Map
81. Site Plan
82. Elevations
C1. Map Prepared by AirTouch Cellular of the Search Area Around the Proposed Site and
the Alternate Sites Considered by AirTouch
C2. Matrix of Alternate Sites Considered by AirTouch
Disclosure Statement
M:\HOME\PLANNING\MARTIN\AIRTOUCH\HST\9548PC.RPT
Exhibit A
Locator Map
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT Air Touch Cellular CONDITIONAL USE PERMIT
C) APPlICANT,
PROJECT 625 'H' Street Requeat: Cellular an1enna facility composed of
ADDRESS, 360 sq. ft.equipment building and 75' tall monopole.
SCALE, FILE NUMBER,
NORTH 400' PCC- 95 -48
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Map Prepared by AirTouch Cellular
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Disclosure
Statement
TI-IE C. . 'i OF CHUl.A VISTA DISCLOSURE 51..... fEMENT
You arc required to file a Slatcment of Disclosure of certain ownership or financial interests, payments, or campaign
contrioulions, on all matters which will require discretionary actioo on the part of the City Council, Planning Commission, and
all other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is thc suhject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Airtouch Cellular
Sin Fin Corporation
2. If any person" idenlified pursuanl to (1) above is a corporation or partnership, list lhe names of all individuals owning
more than 10% of the shares in the corporation or owning any partnership interest in the partnership,
3. If any person" identified pursuant to (1) abovc is non-profit organization or a trust, list the names of any person
serving as director of the non-profit organization or as trustee or benenciary or trustor of the trust.
4. Have you had more than $250 worth of business transacted wilh any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ No~ If yes, please indicale person(s):
5. Please identifY each and every person, including any agents, employees, consultants, or indepcndent contractors who
you have assigned to represent you before the City in this mailer.
Kevin McGee/Airtouch Cellular
Susan K. Lay/S B & 0, Inc.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the
current or preceding election period? Yes_ No~ If yes, state which Councilmember(s):
Date:
<3/7- 3- / q c,,->
. ,
" . . (NOTE: Attach additional pap as necessary) · . ·
~~!natu-::;:~tr:tor/apPlicant
Kevin McGee/Airtouch Cellular
Print or type name of contractor/applicant
. Perso" is defined as: "AllY illdividua~ finn, co-parttluship, jow vtnlUrt, a.ssociotimt, social club, fralmUJ/ orgatliz.Qtim1, corporation, eslalt, tnLSt, receiver, syndicatc,
this and allY oilier COUIUY, city and COWlny, city mwucipality, district. or olher political subdivision, or any other group or cOInhiJuuiotl Dewlg as a waiL"
RESOLUTION NO. PCC-95-48
A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT
A CONDITIONAL USE PERMIT, PCC-95-48, TO AIRTOUCH
CELLULAR TO CONSTRUCT AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY AT 625 H STREET
WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula
Vista Planning Department on May 24, 1995 by AirTouch Cellular; and
WHEREAS, said application requests permission to construct an unmanned cellular communications
facility at 625 H Street; and
WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class 3(c)
and a Class II Categorical Exemption from environmental review pursuant to the California Environmental
Quality Act; and
WHEREAS, on September 28, 1995 a public forum was held by the Applicant and City staff to
indroduce the project to area residents; and
WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit
application 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 ten (10) days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October 25, 1995 at
7:00 p.m, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing
was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends City Council approval of the attached draft City Council Resolution for the Project, based on
the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution shall be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this day 25th day of October 1995 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
William C. Tuchscher II, Chairman
Nancy Ripley, Secretary
(m: \.., \airtouch\hst\9548pc. res)
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING A
CONDITIONAL USE PERMIT, PCC-95-48, TO
AIRTOUCH CELLULAR TO CONSTRUCT AN
UNMANNED CELLULAR COMMUNICATIONS
F ACILITY AT 625 H STREET
A. RECITALS
1. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein
by this reference, and commonly known as APN 567-200-43, and for the purpose
of general description herein consists of 0.71 acres located at 625 H Street
("Project Site"); and,
2. Project Applicant
WHEREAS, on May 24, 1995 a duly verified application for a conditional use
permit (PCC-95-48) was filed with the City of Chula Vista Planning Department
by AirTouch Cellular (Applicant); and,
3, Project Description; Application for Conditional Use Pennit
WHEREAS, Applicant requests pennission to construct an unmanned cellular
communications facility consisting of a 950 sq. ft. fenced area containing a 360
sq. ft. equipment building with a roof-top cellular antenna array holding up to 30
direction (panel) antennas, six omni-directional (whip) antennas and two digital
(dish) antennas (Project) on the Project Site; and,
4, Public Forum Record on Application
WHEREAS, a public forum was held on September 28, 1995 for area residents;
and,
5. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on October 25, 1995 and voted _ to _ to recommend that the City
Council approve the Project in accordance with Resolution PCC-95-48; and,
Resolution No.
Page #2
6, City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista November 14, 1995 to receive
the recommendation of the Planning Commission, and to hear public testimony
with regard to same,
NOW, THEREFORE BE IT RESOLVED that the City Council 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, 1995 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 Class 3( c) and
Class 11 Categorical Exemption from environmental review pursuant to g15303 and
gl5311 of the California Environmental Quality Act.
D. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council 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. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by
the City's rules and regulations for the issuance of conditional use permits, as
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the
stated finding to be made,
I. 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 the Chula Vista area. The AirTouch Cellular system is used by many
public service providers including sheriff, police, fire and paramedics,
Resolution No.
Page #3
The proposed facility will provide needed channel capacity in the area that will help to
ensure availability, not only for general users, but for emergency service providers, The
requirement for mandatory sharing will eliminate or reduce substantially the need for
future tower or antennae sites elsewhere in the City,
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.
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 antennas emissions are so far below all recognized safety
standards that they constitute no hazard to public health or safety.
3. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
Conditional Use Permit PCC-95-48 is conditioned to require the permittee and property
owner to fulfill conditions and to comply with all the applicable regulations and standards
specified in the Municipal Code for such use.
The conditioning of PCC-95-48 is approximately proportional both in nature and extent
to the impact created by the proposed development in that the conditions imposed are
directly related to and are of a nature and scope related to the size and impact of the
project.
4. That the granting of this conditional use permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The granting of PCC-95-48 will not adversely affect the Chula Vista General Plan in that
said project is proposed to be built on a site surrounded by commercial zoning, said uses
conforming with the General Plan,
F. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Pennit PCC-95-48 subject to the
following conditions whereby the applicant and/or property owner shall:
1. Construct the Project as described in the application, except as modified herein
or to accommodate one or more similar uses, and/or as approved by the
Municipal Code.
Resolution No,
Page #4
2. Prior to submitting building permit applications, submit plans for review and
approval to the Zoning Administrator showing screening and architectural
integration of the digital (dish) antennas with the antenna array.
3 Cooperate with other communications companies in co-locating additional antenna
on pole structures and/or on the tops of buildings provided said co-locatees have
received a conditional use pennit for such use at said site from the City.
Pennittee shall exercise good faith in co-locating with other communications
companies and sharing the pennitted 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 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 applicant and complaining user.
4 Comply with ANSl standards for EMF emissions. Within six (6) months after
the issuance of its occupancy pennit, Applicant shall submit a project
implementation report 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 Director of Planning for consistency with the project proposal report and the
accepted ANSl standards. If on review, the City finds that the Project does not
meet ANSI standards, the City may revoke or modify this conditional use pennit.
5 Ensure that the project does not cause localized interference with reception of
area television or radio broadcasts, If on review the City finds that the project
interferes with such reception, the City may revoke or modify the conditional use
permit.
8. Provide one 2A: lOBC fire extinguisher at a location satisfactory to the Fire
Marshal.
6. Obtain all necessary pennits from the Chula Vista Building Department and Fire
Department. The design of the equipment shelter and antenna array shall comply
with the requirements of the Zoning Administrator and with the edition of the
Uniform Building Code and the Unifonn Fire Code in effect at the time of
issuance of any pennit.
7. Comply with the City's Municipal Code noise standards, Within three (3) months
of the issuance of the occupancy permit, the applicant shall submit a report which
provides cumulative field measurements of facility noise. The report shall
quantify the levels and compare the results with current standard specified in the
Resolution No.
Page #5
Municipal Code for residential uses, Said report shall be subject to review and
approval by the Director of Planning 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 pennit.
8, This pennit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this pennit 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 right/condition, may not impose a substantial expense or
deprive Permittee of a substantial revenue source which the Pennittee can not, in
the normal operation of the use permitted, be expected to economically recover.
9. This conditional use pennit 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 Municipal Code.
10. Applicant's failure to meet ANSI standards for EMF emiSSIOns or City's
Municipal Code noise standards or the interference with area reception shall
constitute grounds for revocation or modifications of this conditional use pennit.
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 Planning Department 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.
Signature of Property Owner
Date
Signature of Representative of
AirTouch Cellular
Date
Resolution No.
Page #6
H. ADDITIONAL TERM OF GRANT
This permit shall expire ten (10) years after the date of its approval by the City Council.
After the first five (5) years, the Zoning Administrator 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 can be lowered,
I. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to post a Notice of
Exemption and file the same with the County Clerk.
J. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council 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 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
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
m:\home\planning\martin\airtouch\hsl\9548cc.res