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Home My WebLink AboutPlanning Comm Rpts./1995/10/25 (5) 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 PROJECT LOCATION r--- , .... ::> z .... > < ;"-' z ~ < ..J ~ < 0 i , , , , --....-- ::> z I .... I - > , , : ~ ---"- z ,. . , >- :...___ cS: ~ o ~___ c o a: III L-!. ~ "G" ~ OIIJJ]JJIJ \ ~". --uifrn ~ _____L__~ x\ui ~ ~~~ ~ FFffTTTTTlli!: . II~'. - , - . . mJiB:I:I8 L~, l~_ rnIIIllIIJ 0 < H VISTA SQUARE ( " . . j un' L 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 Exhibit B 1 Site Plan ~ ~ 6 ~-!ii6~ (6 ~ 9) ~ t L l:6":;J 'o6'JP UU L OL '" 'I' IU.3JI 5.l90 L ".""" ".. ....... a nrn1'1)c "\'1) nn n'^' nro> IH,,~... 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"'- u ~ .2_ >0 c:o <~ It> > '" ~ .c: '" J: - o ., '" in - .. ., ~ o ~ , ~ ~ ~ ~ < . ~ " < z " 9 " o ~ ~ z 5 ~ " o 0 -H It> 01 01 IX) N Ii; ~ E ., - 0. ., '" Disclosure Statement TI-IE C. . 'i OF CHUlA VISTA DISCLOSURE S1..... fEMENT You arc required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contrioulions, 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: 1. List the names of all persons having a financial interest in the property which is the suhject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Airtoueh Cellular Sin Fin Corporation 2. If any person' idenlified pursuanl to (1) above is a corporal ion 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) above 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, Commillees, 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 independent contractors who you have assigned to represent you before the City in this matler. Kevin MeGee/Airtoueh Cellular Susan K. Lay/S B & 0, Ine, 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 MeGee/Airtoueh 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 ANSI 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 ANSI 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