Loading...
HomeMy WebLinkAboutRDA Packet 2000/12/05 erN OF CHUlA VISTA TUISDAY, DECEMBER 5, 2000 4.00 P.... (I_EDIATELY FOLLOWING THE CITY COUNCIL MEnING) COUNCIL CHAMBERS PU8UC SERVlCU BUILDING MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency Members Davis, Padilla, Rindone, Salas, and Chair Horton CONSENT ITEMS (Item 1) The staff recommendations regarding the fal/owing item(s) listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency member, a member of the public or City stoff requests thot the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pul1ed from the Consent Calendar will be discussed after Public Hearing Items. Items pulled by the public will be the first items of business. 1. AGENCY RESOLUTION APPROVING AN AGREEMENT WITH BARKER THOMAS & WALTERS, A PROFESSIONAL LAW CORPORATION, AND APPROPRIATING $55,000 THEREFOR FROM UNANTICIPATED REVENUES OF THE OTAY VALLEY ROAD REDEVELOPMENT AREA PROJECT FUND (4/STHS VOTE REQUlREDI-ln order to resolve outstanding issues regarding the estate of the late Jimmy Shinohara, the Agency directed staff to proceed with legal negotiations. Time constraints on the negotiations were forced by the scheduled closure of the Class I Landfill at the Otay Valley Landfill. The Estate and the Agency could save $2 million in tipping fees if the burn ash on the holding site is placed in the Landfill this December and January. Because of the time constraints, Barker Thomas & Walters assisted the City Attorney's office to represent the Agency and bring the matter to a satisfactory conclusion under the schedule dictated by the Landfill Closure plan. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that ;s not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such 0 subject, please complete the "Request to Speok AGENDA -2- DECEMBER 5, 2000 Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your nome and address for record purposes and follow up action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 2. PUBLIC HEARING AGENCY RESOLUTION OTHER BUSINESS The following items have been advertised and/or posted as public hearings as required by low. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. TO CONSIDER SPECIAL USE PERMIT SUPO-Ol-0l (FORMERLY PCC-Ol-08), PROPOSAL TO INSTALL, OPERATE AND MAINTAIN A 50-FOOT HIGH STEALTH MONOPOLE SUPPORTING NINE (9) PANEL ANTENNAS, WITH ASSOCIATED EQUIPMENT CABINETS, LOCATED AT 875 ENERGY WAY- Sprint PCS is requesting permission to construct and operate an unmanned cellular communications facility at 875 Energy Way. The project will consist of a 50-foot high "monopine" supporting 9 panel antennas, and associated equipment cabinets. The "monopine" is proposed on a developed parcel within an industrial area. The City's Environmental Review Coordinator has concluded that this project is a Section 1 5303, Class 3, new structures or conversion of small structures, Categorical Exemption from environmental review, per the California Environmental Quality Act. [Planning and Building Director] GRANTING A SPECIAL USE PERMIT SUPO-Ol-01 (FORMERLY PCC-Ol-08), SPRINT PCS, TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 875 ENERGY WAY STAFF RECOMMENDATION: Agency adopt the resolution. 3. DIRECTOR'S REPORT(S) 4. CHAIR'S REPORT(S) 5. AGENCY COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to an Adjourned Redevelopment Agency meeting on December 12, 2000 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, City Councilor the Redevelopment Agency states otherwise ot this time, the Agency will discuss ond deliberate on the following item(s) of business which ore permitted by law to be the subject of 0 closed session discussion, ond which the Agency is advised should be discussed in closed session to best pratect the interests of the City. The Agency is required by law to return to open session, issue any reports of finol oction taken in closed session, and the votes token. However, due to the typicollength of time token up by closed sessions, the videotoping will be terminated ot this point in order to AGENDA -3- DECEMBER 5, 2000 save costs so thot the Agency's return from closed session, reports of finol action token, ond odjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 6. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION -- Pursuant to Government Code Section 54956.9(a) Agency vs. Rados Bros. [Case No. GIC734557-1] REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: I MEETING DATE: 12/05/00 ITEM TITLE: AGENCY RESOLUTION APPROVING AN AGREEMENT WITH BARKER THOMAS & WALTERS, A PROFESSIONAL LAW CORPORATION, AND APPROPRIATING $55,000 THEREFOR FROM UNANTICIPATED REVENUES OF THE OTAY VALLEY ROAD REDEVELOPMENT AREA PROJECT FUND SUBMlnED BY: CITY ATTORNEY COMMUNITY DEVELOPMENT DIRECTOR l REVIEWED BY: CITY MANAGER ~ 9(1/ 4/5THS VOTE: YES ~ NO D BACKGROUND As a means of resolving outstanding issues regarding the estate of the late Jimmy Shinohara (the Estate), the Agency last summer directed staff to proceed with legal negotiations. Issues included were the clean up of a holding site at 4075 Main Street adjacent to the Chula Vista Auto Park, the repayment of a $1.5 million loan provided to Mr. Shinohara in 1992 to prepare properties for redevelopment, and the settlement of taxes on real property owned by the Estate. Time constraints on the negotiations were forced by the scheduled closure of the Class I Landfill at the Otay Valley Landfill (Landfill). The Estate and the Agency could save $2 million in tipping fees if the burn ash on the holding site was placed in the Landfill this December and January. To accomplish the negotiations in a timely manner, the City Attorney's office required the assistance of one of its pre-approved outside law firms - Barker Thomas & Walters. Barker Thomas & Walters had the environmental and estate expertise to successfully represent the Agency and bring the matter to a satisfactory conclusion under the schedule dictated by the Landfill Closure plan. Initially it was hoped that legal fees for the work could be completely absorbed within the existing budgets of the City Attorney's office and Otay Valley Road Redevelopment Area Project Fund. However, as unforeseen circumstances increased, the complexity, length and expense of the negotiations rose. The current appropriation request is intended to poy all outstanding and future legal fees related to the Shinohara Estate settlement. I-I PAGE 2, ITEM NO.: MEETING DATE: 12/05/00 RECOMMENDATION It is recommended that City Council appropriate $55,000 from unanticipated revenues of the Otay Valley Road Redevelopment Area project fund for this purpose; and approve an ogreement with Barker Thomas & Walters. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION This resolution follows several years of in-house negotiations over the disposition of the Shinohara properties and of the holding site adjacent to the Chula Vista Auto Park. In recent months, efforts to finally settle the matters have intensified and outside counsel was needed, due to the impending closure of the Class I landfill within the Otay Valley landfill. The settlement between the Agency and property owner will yield an estimated savings of $2 million in tipping fees on the holding site clean up. Further, the holding site can be readied for successful redevelopment and the Agency will recoup $1.5 million in loan funds plus outstanding property taxes on the holding site and other parcels. In anticipation of the impending settlement, the Trust for Public land deposited funds with the Agency. Staff recommends that a portion of these funds be used for payment of the costs incurred. FISCAL IMPACT To date, the Trust for Public land has deposited $100,000 with the Agency in a good faith gesture pending the final settlement of all matters related to the Shinohara holdings. This resolution will authorize using $55,000 of that deposit for legal fees and costs associated with the settlement. The net settlement will recoup all of the costs of these various matters, which have dated since 1992, including these legal fees. The total legal fees incurred to date are $88,924.42, of which $30,000 is outstanding as current billings. Additionally, $20,000 is expected as future billings and $5,000 is being requested as contigency. H :\HOME\COMMDEV\ST AFF. REP\ 12 -05-00\sh;n-legal.dac /-2- RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH BARKER THOMAS & WALTERS, A PROFESSIONAL LAW CORPORATION, AND APPROPRIATING $55,000 THEREFORE FROM UNANTICIPATED REVENUES OF THE OTAY VALLEY ROAD REDEVELOPMENT AREA PROJECT FUND WHEREAS, The Agency authorized staff to conduct negotiations to resolve matters outstanding regarding the Shinohara Estate; and WHEREAS, specialized legal services are required to negotiate the settlement on a timely basis; and WHEREAS, the Agency authorized the clean up of the stockpile at its meeting of October 10, 2000; and WHEREAS, in December, the Agency will conduct activities to clean up a contaminated stockpile at 4075 Main Street included in the negotiated settlement; and WHEREAS, Funds have been deposited with the Agency by the Trust for Public Land in anticipation of settlement with The Shinohara Estate; and WHEREAS, Barker Thomas & Walters, A Professional Law Corporation has been pre-certified by the City of Chula Vista as a qualified consultant for specialized legal services; NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby approve an agreement with Barker Thomas & Walters, a Professional Law Corporation, and appropriate $55,000 from unanticipated revenues of the Otay Valley Road Redevelopment Area Project Fund. Presented by Approved as to form by {t~ ,')<<,j)~_~ Chris Salomone Community Development Director ~ H:\HOME\COMMDEVlRESOS\reso-calegarLdoc (-3 REDEVELOPMENT AGENCY AGENDA STATEMENT Item: ;J- Meeting Date:12/5/00 ITEM TITLE: Public Hearing: Special Use Permit SUPO-OI-Ol (formerly PCC-Ol-08), Proposal to install, operate and maintain a 50-foot high stealth monopole supporting nine (9) panel antennas, with associated equipment cabinets, located at 875 Energy Way. App: Sprint PCS. Staff Contact: Steve Power. Resolution No._of the City of Chula Vista Redevelopment Agency granting a Special Use Permit SUPO-Ol-Ol (formerly PCC-Ol-08), to Sprint PCS, to construct an unmanned cellular communications facility at 875 Energy Way. (4/5ths Vote: Yes_ No-X) SUBMITTED BY, D;=M of PI"""'" "'" B.Hd;'f' REVIEWED BY: City Manager{;tp~ Sprint PCS is requesting permission to construct and operate an unmanned cellular communications facility at 875 Energy Way. The project will consist of a 50-foot-high "monopine" supporting 9 panel antennas, and associated equipment cabinets. The "monopine" is proposed on a developed parcel within an industrial area. The City's Environmental Review Coordinator has concluded that this project is a Section 15303, Class 3, new structures or conversion of small structures, Categorical Exemption from environmental review, per the California Environmental Quality Act. RECOMMENDATION: That the Redevelopment Agency hold the public hearing and adopt the attached resolution approving SUPO-Ol-O!. BOARDS/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on October 25, 2000 and voted to recommend approval of SUPO-Ol-Ol to the Redevelopment Agency. 0/-1 Page 2, Item: Meeting Date: 12/5/00 DISCUSSION: 1. Site Characteristics The project site is located at 875 Energy Way within an existing industrial area. The project site is fully developed and contains an existing warehouse and offices. Parking and driveway areas surround the existing building. The topography of the site is relatively flat. Landscaping consisting of mature trees and groundcover is situated along the southern (Energy Way) boundary of the subject property. 2. General Plan, Zoning and Land Use The following table specifies the types of land uses surrounding the project site: Site North South East West GENERAL PLAN Industrial County of San Diego Industrial Industrial Industrial ZONING IP S80 IP IP IP CURRENT LAND USE Office/Warehouse Landfill Auto Wrecking Industrial Undeveloped Industrial 3. Proposal Sprint PCS is proposing to construct an unmanned cellular communications facility on the subject property. The 50 foot-high monopole would be designed to appear as a pine tree. The proposed cellular site would provide service to the Otay Valley Road and Energy Way areas. The project plans call for a galvanized steel pole with simulated bark and branches. The branches would be constructed of a signal-transparent composite material. Nine panel antennas would be mounted on the "monopine" structure. An associated base transceiver station (BTS) consisting of seven equipment cabinets would be located within a new 8 foot-high chain link fence enclosure. The "monopine" and BTS equipment would be situated at the southeastern comer of the property, in an area that is presently used as a parking lot. The "monopine" would be situated adjacent to two existing live pine trees in order to blend in with surrounding vegetation. New screening landscaping consisting of "Bottle Brush" trees would be placed around the perimeter of the fenced area. Cellular facilities are considered by the City to be "unclassified" uses. In accordance with Section 19.48 (Unclassified Uses), Special Use Permits are required for uses listed in this section of the Zoning Code (within the Otay Valley Redevelopment Area), and shall be considered by the c;;2-d)... Page 3, Item: Meeting Date: 12/5/00 Redevelopment Agency upon recommendation by the Planning Commission. 4. Similar Establishments There are several monopole facilities currently in the City of Chula Vista. Those facilities include the PacTel and U.S. West site adjacent to 1-5 and south of Anita Street (60 foot-high monopole). Other sites include a GTE Worldwide Telecommunications facility located at the Veteran's Home at 700 East Naples, as well as a facility located at 625 H Street. Monopalms were approved (not yet installed) at the Otay Valley Recreation Center and at the Hilltop Baptist Church. There are presently no monopines in the City of Chula Vista. 5. Analysis The proposed wireless facility would be located in the Industrial (I) Zone in the Otay Valley Redevelopment Area. The project would result in the elimination of one parking space on site. Required on-site parking exceeds City of Chula Vista parking requirements for the existing warehouse/office use. The proposed cellular facility would not be situated within the required 25 foot front yard setback nor the 20 foot required side yard setback for the property. It is important to note that the provisions of the Otay Valley Road Redevelopment Plan require that fences visible from the street be either of a wood or block type of construction. The proposed chain link fence with wooden slats would match existing fencing on the site and is considered by Planning staff to be consistent with fence material requirements. All other aspects of the project are also consistent with the provisions of the Industrial Zone and Otay Valley Redevelopment Area. 6. Issues: Design As stated above, the proposed monopole would incorporate imitation tree branches and bark into its design in order to blend in with surrounding vegetation. The top of the structure would reach a height of 50 feet above grade, with the antennas themselves situated at a height of 48 feet. The proposed "monopine" appears to be significantly taller (approximately 25 to 30 feet) than other trees in the immediate area and would be noticeable from the public right-of-way. The subject property is located toward the eastern terminus of Energy Way and is not highly traveled. Surrounding trees can be expected to grow taller and better screen the facility in the future. Given the relatively isolated and industrial nature of the site, the proposed "monopine" does not appear to present significant compatibility/design issues. 0;-...3 Page 4, Item: Meeting Date: 12/5/00 Alternative Sites The site chosen is well suited for a cellular site. Alternative locations for the cellular facility are available but not as desirable from an aesthetic and functional point of view. Co-locating There are presently no existing monopoles in the Gtay Valley Road Redevelopment Area. A condition of approval (Condition No.8) requires the applicant to cooperate with other wireless providers in the fumre toward co-locating on the proposed monopole. Emissions The applicant will be required to submit proof of compliance with ANSI standards on emissions control prior to the issuance of building permits for the project (Please see Condition No.9) 7. Conclusion Staff is recommending approval based upon the findings and conditions of approval as noted in the attached draft resolutions. FISCAL IMPACT: The applicant has paid all applicable fees associated with this project. Attachments: Attachment A - Draft resolutions Attachment B - Application Materials Attachment C - Locator Map ~-y RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL USE PERMIT SUPO-OI-OI (FORMERLY PCC-OI-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-OI-OI) 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. 02-~ Attachment "A" Resolution No. 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 Conunission 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 the conununity by facilitating telephonic conununication 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. 02-(. Resolution No. Page #3 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 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 nse. Special Use Permit SUPO-OI-OI requires the permittee to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of SUPO-OI-O 1 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 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-OI-Ol 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-OI-Ol subject to the following conditions whereby the applicant and/or property owner shall: I. 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 ofthe Director of Planning and Building ofthe City of Chula Vista. 02- ? Resolution No. Page #4 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 the event that new technologies provide service that would cause the existing facility to become obsolete. 6. This permit shall be limited to providing Sprint PCS Communications, a wireless tele- communication provider, the entitlement to locate a facility at this location, and cannot be sold or leased to another provider without written approval of the City. 7. 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. 8. 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. 9. 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. 10. 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. II. 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. 02- r- Resolution No. Page #5 12. 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 fmds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 13. 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. 14. 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). 15. 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. 16. 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. 17. 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. 18. 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. 19. Comply with all requirements of the Chula Vista Fire Department. Additional review will be required at the time of building permit approval. 20. Comply with all requirements of the Chula Vista Engineering Department. Additional review will be required at the time of building permit approval. c:2- 9 Resolution No. Page #6 21. 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. 22. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate goverrunental 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 Permittee cannot, in the normal operation ofthe use permitted, be expected to economically recover. 23. 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 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 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. 24. 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 e2-IO Resolution No. Page #7 permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. Signature of Representative for Sprint PCS Date H. NOTICE OF EXEMPTION The Redevelopment Agency directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. 1. 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 Approved as to form by Robert A. Leiter Director of Planning and Building John M. Kaheny City Attorney Chris Salomone Community Development Director H: \HOMEIPLANNINGlSTEVEXPISUPOOIOI CC.RES c2 -II RESOLUTION NO. SUPO-OI-Ol RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANT A SPECIAL USE PERMIT SUPO-OI-Ol (FORMERLY PCC- 01-0S), TO SPRINT PCS, TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 875 ENERGY WAY. WHEREAS, a duly verified application for a special use permit was filed with the City of Chula Vista Planning Department on July 9, 2000 by Sprint PCS; and WHEREAS, said application requests permission to construct an unmanned cellular communications facility consisting of a 50 foot-high monopine and associated equipment cabinets, at 875 Energy Way; and WHEREAS, the Environmental Review Coordinator has concluded that the project is a Section 15303, new construction or conversion of small structures, Class 3 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said special use permit 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 and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was scheduled and advertised for October 25, 2000, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, the Plarming Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the Redevelopment Agency approve Special Use Permit SUPO-OI-OI in accordance with the findings and subject to the conditions and findings contained in the attached draft Redevelopment Agency Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the Redevelopment Agency. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 25'" day of October, by the following vote, to-wit: AYES: NOES: ABSTAIN: ABSENT: Robert Thomas, Chair ATTEST: Diana Vargas, Secretary ~-I2... H: \HOME\PLANNING\STEVEIPCCIPCCOI08.RES ~(It- -.- . - -- -~ - -= - - CITY OF CHLL.;. \'151..\ Plz..TL."1ing 8.: Building DepartJnenl 276 Founh :'\.yenue (619)691-5101 ~LJ:::o.V:::o.IOD""""~-7 ::C'Or-ccSi-C "--" '-' . i! ,1:;::;1 II " '-'................J I . ' ~ 01Y Of CHULA VISTA Applicction Fo:m - Tyoe p., ?coe C;e I TYPE OF REVIEW REQUESTED , X Conditional Use Permit (stoff use onlv) Case No.: ~r/ -{)/-f)'/< Filing Date:-if:t!/~oo By: r>\c,,", CJ Varion::e Assigned Plan er: ~POIJJe-.v Receipt No.: .::J ~ D,--=77 0 Design Review Project Accl: f38-y7{. CJ Specia: Land Use ?ermit Deposit Acct: Do -'1?-3 __ _ _, _ [,7e.:ieveb:xnenf Are~ O..1\~1 I Related Cases: ~,",,:'r !-,-:....,,.. '0 .' '--' t'iJisceli::J:le-:rJs: I OZA ' Public He;~i:!~' - ,- - '--' . , II IApplicant Nome SPRINT PCS JM Co~,ultin Grou (oe Applicant Address APPLICANT lNFORMATION- Phone No. 6691 CG~VOV Court San Die~o. CA 92]]] IApPlicants Interest in Pr08erty ~ Own ....J Lease -1 1:1 ::SCiO\V :J Option ~o ;:r..xc:hase If applicant is not owner, owne;-s (JumD~Z::;7I::>., is required to process ie::r.Jsst. ~:=s :q:i:::-',;'e on Page Two. iArchitect/Ag3nt i JH Consult in Grot.:D Gerald !-1oorer :Architect/Aoent Address I - i 6691 Co~vov Court S2n Diego, CA 92111 '?hDil9 No. .,iQ -?~ 7n?q GEr-..'ERAL PROJECT DESCRIPTION (for all types) , Proposed Use 11C!JOFC/.-E{h::/.::. ~~. < ~) i , i Project NOiil9 I . , S??I1"\'T ?C.3 ::::D33XCC2~ :::.:-d ?,a::c'-1 ~-:--_=2!1TIed T'2i.ecO!i::rr:u~ic~-.::(~"- ~;:'.. 'General Description of Proposed Project i (Please use ADDendix A TO ;xovide 0 full deSCr(Dtion and justification for the project) i c::::::- '? -L- a..::ff ~ c h h? €V? --c- I --- ! i II Has 0 representative attended 0 Pre-Application Conference iO discuss this project? ~ so, what was the date? 'i / 1 q / nn Pre-App No.: ~ {() '1 V:;.c 'i/ic.r:::l eSlgnmion I? I.L. Indus~ri2l buildi=~, DEed for offices 2~Q ~2renCUElTIg. lis this in Momaomer\! S.;:>~ i -. i En Attachment "B" ,"o,?M A-D2V PL (.=A3= , OF 2) c;2 -1...3 ":":/=;:' . , CITY Of CHL'L\ \"IST.-\ Plalming & Building Depanmem 276 founh Avenue (619)691-5]01 Development Processino '-' Application Form 0lY Of CHUlA VlSfA POoo Two ~~ i' I [stoff use on~ . Case No.: A c--tJ/-D'X' I I I iType of Use Proposed , 0 Residential 0 Comm. il ITYPe of Dwelling Unit(s) No. of Dwelling Units PROPOSED PROJECT (all types) I Landscape Coverage [% of Lot) o Ind. [lather' i Building Coverage (% of Lot) RESIDENTIAL PROJECT SUMMARY , Number of Lots i Proposed Existing iParkina SDc::::es Total I verage 01 lze I Off-street r'-IYP-'> of Da'I'I'ng (-'0' \'no-.o", ,0'0" '-" I I '" ,},~_." ,_,; 1_. __', _.__ I Required by Code: Provided: , I 'Hours of Operation (Days & ;-jours) T, ~ : 1, . 'It! f\ I BUII~~~9 Heigm :ou l' Unmanned teleco U~; -; IAnticipated Total # Employees , 0 IParking Spa::::es Required I 1 r. or udems/ hlldren [~ a:>;:>Il~:J:;el o oil;.....v ,...~ V T v:::v mployees at any'one Time o I Spaces Provided I Type of paryjng [size) I 1 I' ge or STuaems/cnllaren [IT :J;:>pli~:tie) I _OTlng opaCITy I 0 . nt2.AUj MDOiL"Si?- Print APplicant or Agent Name c---i ApPIiC~Signature Owner(SignatLh-ew \ {Reauired-i~ont is not Owner] ---., :t hies Date' Print Owner Name Date ,. Letter of owner consent r:1ay be used in lieu of signofr...re. FORM A-PAGE 2 OF 2 f3c2_/ef ~~/99 Consulting Group, Inc. .: .~ :-.; 1 c...~. -:- . " " ;: July 7, 2000 City of Chula Vista Planning and Building Department '276 Fourth Avenue San Diego, CA 91910 SliBJECT: Submittal for Sprint PCS Telecommunication Facility, 875 Energy \Vay, APN Number 644-182-1700, Site No, SD33XC022, To \Vhom It May Concern: JM Consulting Group is pleased to submit on behalf of its client, Sprint PCS, an application for a wireless telecommunication facility at 875 Energy Way in the City of Chula Vista. Sprint PCS is a nationwide personal communication service (PCS) and is continuing the buildout of its network in the San Diego area. Proiect Description Sprint PCS is proposing to construct, operate, and maintain an unmanned telecommunications base station consisting of nine (9) panel antennas mounted on a new stealth "monopine" tree. The proposed monopine tree is a galvanized steel pole with simulated bark and branches, having the appearance of a natural live pine tree. The branches and limbs are constructed of a signal transparent composite material which allows for minimal radio-frequency attenuation. Nine (9) 4'-4" x 8" panel antennas will be mounted on the monopine. The monopine ",ill be 50' in height, and the antennas will be centered at the 48' level. The associated base transceiver station (BTS) equipment \\ill include seven (7) equipment cabinets located within a new 8' high chain-link fence enclosure. The fence will include green slats in order to screen views into the site from surrounding areas. The fenced area will occupy an area of approximately 504 square-feet (12' x 42'). The monopine and BTS equipment will be situated at the southwestern comer of the property, in an area that currently serves as a parking lot. Additionally, the monopine is proposed to be placed adjacent to two existing live pine trees in order to camouflage the monopine and lessen any visual impacts. The necessary power and telco will be received from existing utility power and telco cabinets located immediately adj acent to the proj ect site, approximately 10' from the proposed monopine and BTS equipment. Minimal trenching will be required for the underground power and telco conduits. Access to the site will be made from the existing access road off of Energy Way. No new streets are necessary for development of the proposed project. Additionally, no new IV C2. -/~ parking facilities, street widening improvements or pedestrian paths are necessary. :\0 additional improvements will be required with development of the proposed project. Photographs of the project site, the stealth monopine, and BTS equipment are included as part of this application package. Land Use The site is zoned IP-Industrial in the Otay Valley Redevelopment Area of the City of Chula Vista. Wireless telecommunication facilities are allowed in the zone with t;le approval of a Conditional Use Permit, subject to a public hearing at the Planning Commission. The primary land uses onsile are industrial manufacturing, offices and warehousing. Site Selection This site was selected because of its strategic location and ability to provide enhanced cellular telephone service along Otay Valley Road and Energy Way, to the Coors .-'\mphitheater, and the surrounding industrial areas. Improved cellular service will enhance and facilitate better emergency reporting/response capability, as well as providing increased commlL...ucations access and reliability for residents and businesses living and working in this area of the City of Chula Vista. Additionally, this location is necessary to provide continuous service to this area where there is currently a gap in the coverage network. Sprint PCS intends to work with the City of Chula Vista to assure that the project is consistent with all policies and ordinances of the city. Please contact me at 619-723-7029 if you have any questions concerning this proposal. Sincerely, --- (~ cJ-1 f. ~ OTAY LANDFILL PROJECT lOCATION / / // // / -::: COORS AMPHITHEATER SOAK CITY USA CH U LA VISTA PLANNING AND BUILDING DEPARTMENT ~ PROJECT SPRINT pes PROJECT DESCRIPTION: APPLICANT: SPECIAL USE PERMIT PROJECT 875 Energy Way ADDRESS: Request: Proposed construction, operation, and maintenance - of an unmanned telecommunications facility consisting = LOCATOR FILE NUMBER: of (9) 4'-4" X 8" panel antennas mounted on a stea~h No Scale SUPO - 01-01 "monopine" tree 50 feet in height C:\myfiles\locators\SUPOO 1 01.cdr 11/22/00 e:; -I ? Attachment "C"