HomeMy WebLinkAboutPlanning Comm Reports/1994/12/21 (9)
City Planning Commission
Agenda Item for Meeting of December 21, 1994
Page #1
3.
PUBLIC HEARING:
Conditional Use Permit PCC-95-16: request to construct an
unmanned cellular communications facilitv on the site of
the Otav Water District water tank. located at the easterlv
terminus of Gotham Street - AirTouch Cellular
A, BACKGROUND
1. AirTouch Cellular is requesting permission to construct an unmanned cellular
communications facility at the southwest corner of the water tank parcel located
at the easterly terminus of Gotham Street (Exhibit A).
2. The Environmental Review Coordinator has concluded that the project is a Class
3(c) Categorical Exemption from environmental review pursuant to 915303 the
California Environmental Quality Act.
B, RECOMMENDATION
Adopt Resolution PCC-95-16 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.
C. DISCUSSION
I. Zoning and Land Use:
Site
North
South
East
West
Zoning
PC (Planned Community)
PC (Telegraph Canyon Estates/EastLake)
PC (Telegraph Canyon Estates)
PC (Telegraph Canyon Estates)
RI (Gotham/Lehigh Streets)
Land Use
Water TanklUtiIities
Residential
Residential
Residential
Residential
2, Existing Site Characteristics:
At present, the site is occupied by the Otay Water District water tank, pump house, and
several other support structures. None of these structures are built for permanent human
habitation, No other structures occupy the parcel. Cutting through the parcel from the
northwest corner to the south central property line is the 80 foot-wide San Diego
Aqueduct right-of-way. The communications facility will be just outside the aqueduct
right -of-way to the west.
City Planning Commission
Agenda Item for Meeting of December 21, 1994
Page #2
3. Proposed Use:
AirTouch Cellular proposes to construct an unmanned cellular communications facility
at the southwest corner of the water tank parcel. The proposed facility will consist of
a 2,500 sq, ft. fenced area containing a 360 sq. ft. equipment building and a roof-top
cellular antenna system holding up to 30 direction (panel) antennas, six omni-directional
(whip) antennas and two digital (dish) antennas (Exhibits 81, 82 and 83).
The building will be 10 feet tall. Placed on top of the building will be the eight foot tall
antenna array to which the panel and whip antennas will be attached. The whip antennas
will extend as much as 15 feet above the antenna array. The digital dish antennas will
be placed on the east side of the antenna array and will face northeast and southeast.
The total height from the base of the building to the top of the highest whip antenna will
be 33 feet.
4. Similar Facilities:
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.
With the proposed project, the pad elevation is 620 feet above sea level thus giving it
adequate elevation and clearance. A monopole is not proposed, nor will one be installed,
The facilities atop Community Hospital are similar in that they are at an elevation which
precludes the need for monopoles.
5. Public Forum Results:
On November 29, 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.
One resident attended and asked questions regarding visual impacts, placement on-site,
height and access, Staff explained the project and answered all questions. The resident
promised to convey the infonnation to other neighborhood residents. The resident was
also encouraged to call staff if there were any other questions or concerns. However,
M :\HOME\PLANNING\MARTIN\AIRTOUCI-I\9516PC. RPT
City Planning Commission
Agenda Item for Meeting of December 21, 1994
Page #3
to date, staff has not received any calls on this project.
elevations and cross sections was provided to the
neighborhood.
An extra set of the site plan.
resident to share with the
D. ANALYSIS
The siting of this cellular antenna will enhance the communication capabilities of its
users, yet it should not be as intrusive as the monopole set-up usually associated with
such facilities. In most cases, the antenna array is placed atop a 60 foot high monopole.
In this case, because of the location on the top of a hill, the monopole is not necessary.
The antenna array has a clear view to all points of the compass. The top of the antenna
may be visible from the residential areas to the west, south and north but the project is
conditioned such that landscaping is required in order to "soften" any visual impacts and
assist in "blending" it into the background.
Staff is recommending approval of this project based on the following reasons:
1. The AirTouch facility should not aesthetically intrude into the neighborhood given
the condition for landscape screening and the nature of the existing site
improvements, including the water tank and accessory buildings.
2. There will be no direct ground level line-of-sight view from the western and
southern property lines to the facility because the equipment building will be 50'
from the western property line and 90' from the southern property line. Although
there will be a direct line-of-sight view from the north, the structure will be over
250' from any dwellings. The eastern property line will be over 400' from the
facility on the other side of the water tanle
3. 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.
4, The placement of such facilities enhances communications capabilities of
individuals, businesses and emergency services.
5. The site has adequate space for co-locating other cellular facilities and a condition
of approval requires such co-location where feasible.
M: \HOME\PLANNING\MARTIN\AIRTOUCH\9516PC .RPT
City Planning Commission
Agenda Item for Meeting of December 21, 1994
Page #4
6. 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
Bl. Site Topography Plan
B2. Site Plan & Building Elevations
B3, Cross Sections
Disclosure Statement
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CHULA VISTA PLANNING DEPARTMENT
WCATOR APPLICANT: AIRTOUCH CELLULAR PROJECT DESCRIPTION:
CONDmONAL USE PERMIT
C) ADDRESS: Gotham Street Request: To install a 2500 sq. ft. communi-
(Water Tank) cations facility with a roof top cellular ant-
SCALE: FILE NUMBER: enna system.
NORTH 1" = 400' PCC - 95 - 16
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THE C. )IOF 0iULA VISTA DISCLOSURE S1. JD,rnNT
You arc required to file a Statement of Disclosure of certain ownership or financial intereslS. paymenlS, or campaign
contrihutions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and
all other official bodies. The following information must be disclosed:
t.
List the names of all persons having a financial interest in the property which is the subject of the application or the
contract. e.g., owner, applicant, contractor, subcontractor, material supplier.
,
,
Airtouch Cellular
otay Water District
2. If any person. identified pursuant to (I) above is a corporation or partnership, list the 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 \0 (I) above is non-profit organization or a trust. list the names of any person
serving as director of the m>n-profit organization or as trustee or bcnenciary or trustor of the trust.
4. Have you had more than S250 worth of busincs., transacted with any memher of the City starr, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ No_ If yes, please indicate person(s):
5. Please identify each and every person, including any agenlS, employees, consultants, or independent contractors who
you have assigned to represent you before the City in this matter.
Kevin McGee/Airtouch Cellular
Susan K. Lay/SB&O, Inc
6. Have you and/or your officers or agents, in the aggregate, contributed more than SI,OOO to a Councilmembcr in the
current or preceding election period? Yes_ NoL If yes, state which Councilmembcr(s):
i
1
;
!
J
· . · (NOTE:
AuadlldditionaJ )( :;:'1) . · · ~ /
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· Signature of contract6r/appllcant
/{eu/n fflQ G~
Print or type name of contractor/applicant
Date:
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dais mid Qlry other COWIl)', cily dIU! cowury. city nIUIlicipaJity, diMricl, Of'fHJJa poIiucal _bdi~Vion. Of any 0Ihtr ~ M combUuuion ocan, AI II unit."
RESOLUTION NO. PCC-9S-16
A RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION RECOMMENDING THAT
THE CITY COUNCIL GRANT A CONDITIONAL
USE PERMIT, PCC-95-16, TO AIRTOUCH
CELLULAR TO CONSTRUCT AN UNMANNED
CELLULAR COMMUNICATIONS FACILITY AT
THE EASTERLY TERMINUS OF GOTHAM STREET
WHEREAS, a duly verified application for a conditional use permit was
filed with the City of Chula Vista Planning Department on October 24, 1994 by
AirTouch Cellular; and
WHEREAS, said application requests permission to construct an unmanned
cellular communications facility at the southwest corner of the water tank parcel
located at the easterly terminus of Gotham Street; and
WHEREAS, the Environmental Review Coordinator has concluded that the
project is a Class 3(c) Categorical Exemption from environmental review pursuant
to the California Environmental Quality Act; and
WHEREAS, the Planning Commission 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 December 21, 1994 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, subject to the findings and conditions
contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution shall be
transmitted to the City Council.
PCC-95-16: AirTouch Cellular
Page 2
December 21, 1994
PASSED AND APPROVED BY THE PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA, this day 21st day of December, 1994 by the
following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Chairman
Nancy Ripley, Secretary
M:IHOMElPLANNINGIMARTINIAIRTOUCHI9516PC,RES
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING A
CONDITIONAL USE PERMIT, PCC-95-16, TO
AIRTOUCH CELLULAR TO CONSTRUCT AN
UNMANNED CELLULAR COMMUNICATIONS
FACILITY AT THE EASTERLY TERMINUS OF
GOTHAM STREET
I. RECITALS
A. 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 595-070-31, and for the purpose
of general description herein consists of 3.45 acres located at the easterly
terminus of Gotham Street ("Project Site"); and,
B. Project Applicant
WHEREAS, on October 24, 1994 a duly verified application for a conditional use
permit (PCC-95-16) was filed with the City of Chula Vista Planning Department
by AirTouch Cellular (Applicant); and,
C. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests permission to construct an unmanned cellular
communications facility consisting of a 2,500 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 (Exhibits Bl, B2 & B3); and,
D. Public Forum Record on Application
WHEREAS, a public forum was held on November 29, 1994 for area residents;
and,
E, Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on December 21, 1994 and voted to recommend that the City
Council approve the Project in accordance with Resolution PCC-95-16; and,
"
Resolution No.
Page #2
F. 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 January 3, 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:
II. 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 December 21, 1994, and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
III. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the project is a Class 3(c)
Categorical Exemption from environmental review pursuant to 915303 of the California
Environmental Quality Act.
IV, 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
CaJifornia Environmental Quality Act, the State EIR Guidelines, and the Environmental
Review Procedures of the City of Chula Vista.
V. 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.
A. 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.
Resolution No.
Page #3
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.
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.
B. 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. The facilities will also
be appropriately screened with landscaping.
C. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
Conditional Use Pennit PCC-95-16 is conditioned to require the pennittee 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-95-16 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.
D. 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-95-16 will not adversely affect the Chula Vista General Plan in that
said project is proposed to be built on a site already containing public facilities (water
tank), said uses confonning with the General Plan.
VI. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-95-16 subject to the
following conditions whereby the applicant and/or property owner shall:
Resolution No.
Page #4
A. 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.
B. Submit a landscape plan to the Landscape Architect for review and approval
which shows landscaping that will minimize the visual impacts of the
communications facility through an aesthetically creative plant palette and
placement of plants at non-angular patterns. The landscape plan shall avoid
rectangular forms to just obscure the fence-enclosed area. Said landscape plan
shall be submitted and approved, and the landscaping shall be installed prior to
approval of any building permits.
C. Architecturally integrate the digital (dish) antennas with the antenna array by
extending the plastic screen enclosure.
D. 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
recei ved 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 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 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.
E. In the event there are complaints related to localized interference with reception
of area television or radio broadcasts, the land use at this location and/or
conditions of approval will be reconsidered by the Planning Commission for
termination of the land use or modification of the conditions of approval.
F. Improve the access road with an all-weather driving surface, to the satisfaction
of the Fire Marshal.
G. Provide one 2A: lOBC fire extinguisher at a location satisfactory to the Fire
Marshal.
H, Obtain all necessary permits from the Chula Vista Building Department and Fire
Department. The design of the equipment shelter and antenna array shall comply
with the edition of the Uniform Building Code and the Uniform Fire Code in
effect at the time of issuance of any permit.
Resolution No.
Page #5
1. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate governmental
interest related to health, safety or welfare which the City shall impose after
advance written notice to the Permittee and after the City has given to the
Permittee the right to be heard with regard thereto. However, the City, in
exercising this reserved right/condition, may not impose a substantial expense or
deprive Permittee of a substantial revenue source which the Permittee can not, in
the normal operation of the use permitted, be expected to economically recover.
J, This conditional 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 Municipal Code,
VII. 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
VIII. 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.
IX. 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;
Resolution No,
Page #6
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 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
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR APPLICANT: AffiTOUCH CELLULAR PROJECT DESCRIPTION:
CONDmONAL USE PERMIT
C) ADDRESS: Gotham Stred Request: To install a 2500 sq. ft. communi-
(Water Tank) cations facility with a roof top cellular ant-
SCALE: FILE NUMBER: enna system.
NORTH 1" = 400' PCC - 95 - 16
Exhibit A
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THE C. .JOF CHULA VISTA DISa.05URE S1. JMENT
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You arc required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
contri!>utions. on all mailers which will require discretionary action on the part of the City Council, Planning Commission, and
all other official bodies. The following information must be disclosed:
t.
List the names of all persons having a financial interest in the property which is the subject of the application or the
contract, e.g., owner, applicant. contractor, subcontractor, material supplier.
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Airtouch Cellular
otay Water District
2. If any person. identified pursuant to (I) above is a corporation or partnership. list the 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 10 (I) above is non-profit organization or a trust, list the names of any person
serving as director of the non-profit organization or as truMce or benellciary or trustor of the trust.
4. Have you had more than S250 worth of business transacted with any mem!>er of the City staff, Boards, Commissions,
Commillees, and Council within the past twelve months? Yes_ No_ If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees. consultants, or independent oontractors who
you have assigned to represent you before the City in this mailer.
Kevin McGee/Airtouch Cellular
SUsan Ko Lay/SB&O, Inc
6. Have you and/or your officers or agents. in the aggregate, contributed more than SI,OOO to a Councilmember in the
current or preceding election period? Yes_ No~ If yes, state which Councilmember(s):
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. .. (NOTE:
Attac:1l additional pap ~'Y) · · · ~ /
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· Signature of oontract6rtappllcant
keu/'n me GJGe-
Print or type name of contractor/applicant
Date:
. Pmon is tk/itl<ll..: oA11)I iflllj..dua~ fi,.., co.patI116Jhip, joiN ""'""', fWOCiatim, IOCW club, frQImIQI otgdflWWOfl, ,0fJHJfYJli0tI, QttU<, ""'" tred...., ."uIic...
litis IJtul _" odter county. cily GHd cowUt)', cUy mwucipality, "-it" Of ,0Ih~ poIiuca/ .mJj,Viot&, or ,.".,.. oIher ,oup Of combUuuion ocdng ", . unit II