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HomeMy WebLinkAboutRDA Reso 2001-1729 RDA RESOLUTION NO. 2001-1729 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE SPECIAL USE PERMIT PCC-00-51 LOCATED AT 256 LANDIS AVENUE WHEREAS, on March 29, 2000, the City of Chula Vista received an application for a Special Use Permit (PCC-00-51), and this constitutes a formal application; and WHEREAS, the Planning and Environmental Manager has determined that the project qualifies for a Class 3 Categorical Exemption as new construction of a small utility per Section 15303 of the California Environmental Quality Act; and WHEREAS, the Redevelopment Manager set the time and place for a hearing on the Special Use Permit extension and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the real property that is the subject of the hearing at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 8:00 a.m., November 15,2000, in the Housing Conference Room, 276 Fourth Avenue, before the Town Center Project Area Committee, all testimony was considered, and said hearing was thereafter closed; and WHEREAS, the Town Center Project Area Committee recommended that the Special Use Permit be approved by a unanimous vote; and WHEREAS, the Community Development Director set the time and place for a hearing on the Special Use Permit and notice of said hearing, together with its purpose, was given by a publication in a newspaper of general circulation in the City and its mailing to property owners within 300 feet of the exterior boundaries of the real property that is the subject of the hearing at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 15,2001, in the City Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency, all testimony was considered, and said hearing was thereafter closed. NOW THEREFORE BE IT RESOLVED that Special Use Permit PCC-00-51 is hereby APPROVED according to the following findings and subject to the conditions contained herein: FINDINGS I. 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 in that cellular phone facilities are a utility of general use presently. The convenience and ubiquitous nature of these phones requires the siting of such cell sites throughout the City. RDA Resolution No. 2001-1729 Page 2 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 in that all federal, state, and local rules will be followed as regards the installation. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use since it has been conditioned to be constructed as approved, to comply with ANSI standards, to ensure that it does not cause localized interference, and to comply with the City's Noise Standards. 4. That the granting of the special use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any governmental Agency since the General Plan contemplates the necessary utilities as accessory to all uses throughout the City. CONDITIONS 1. The property owner and the applicant shall 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 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 Community Development Department. Failure to return the signed true copy of this document prior to submittal for building permits to the Community Development 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. .~uu/."",--MM Signatur of property own~ II .f/tk'&~ ~/~ Date I, Signature of Applicant Date 2. 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. 3. Cooperate in good faith with other communications companies in co-locating additional antennas on subject property provided said co-locators have received a special 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 RDA Resolution No. 2001-1729 Page 3 4. Require a third party technical study at the expense of either or both the permittee and complaining user. 5. Comply with the ANSI standards for EMF emissions. If on review the City, in its discretion, fmds that the project does not meet ANSI standards, the City may revoke or modifY this special use permit. 6. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, or cordless telephones. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modifY the special use permit. 7. Comply with the City's Municipal Code noise standards. If the project does not meet the City's Municipal Code Noise Standards, the City may revoke or modifY the permit. Within three months of the Building Director's final inspection, the applicant shall submit a report to the Community Development Director, which provides cumulative field measurements of facility noises. The report shall quantifY the levels and compare the results with current standards specified in the Municipal Code for office uses. Said report shall be subject to review and approval by the Community Development Director for consistency with the project proposal dated March 29, 2000 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. 8. Comply with all requirements and obtain all necessary permits from the Chula Vista Planning and Building and Fire Departments. The design of the equipment building and antennas shall comply with the requirements of the current adopted Uniform Building and Uniform Fire Code in effect at the time of issuance of any permit. Applicant shall comply with any and all federal, state, and local laws and safety standards. 9. The applicant shall and does hereby agree to indemnifY, protect, defend, and hold harmless City, its Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from a) City approval and issuance of this Special Land Use Permit extension, b) City's approval or issuance of any other permit or action, whether discretionary or non discretionary, in connection with the use contemplated herein, and without limitation, any and all liabilities arising from the operation of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this Special Land Use Permit where indicated below. The applicant's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. 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 RDA Resolution No. 2001-1729 Page 4 be recorded with the County Recorder's Office of the County of San Diego, and a signed, stamped copy returned to the Community Development Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the Community Development 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. Said document shall also be on file in the Community Development Department's files and known as Resolution No. 1729. ~VU-~AiA ~ P~ifaiQefM~ Signat e of Property 0 er/Applicant ate 't II Signature of Property Owner/Applicant Date CONSEQUENCES OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right to revoke or modifY all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute, litigate, or compel their compliance; or seek damages for their violations. Applicant or successor in interest gains no vested rights by the Redevelopment Agency approval ofthis Resolution. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency 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 '2 Ann Hix Acting Community Development Director for Chris Salomone Prior Community Development Director Approved as to form by "'~<"1'('\~~~~ Ann Moore ~ Agency Counsel for John M. Kaheny Prior Agency Counsel Resolution No. 200 I - 1729 Page 5 PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of Chula Vista, California, this 15th day of May 2001, by the following vote: AYES: Agency Members: Padilla, Rindone, Salas, and Horton NAYES: Agency Members: Davis ABSENT: Agency Members: N,"~ //. (!12dc Stephen C. Padilla, Chair for Shirley Horton Prior Chair ATTEST: Ann Hix, Acting Chris Salomone, Prior Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Chris Salomone, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that the foregoing RDA Resolution No. 2001-1729 was duly passed, approved, and adopted by the Rolmlopm,,' Agrn,y . 'regruM mreti'g b,ld "' tire "or "ryO?I. Executed this 15th day of May 200 I. /:: utI ~ LAtf,t/J Ann Hix, Acting Secretary for Chris Salomone Pri or Secretary