HomeMy WebLinkAboutPlanning Comm Rpts./1995/12/13 (11)
PLANNING COMMISSION AGENDA STATEMENT
Item: ~
Meeting Date: 12/13/95
ITEM TITLE:
Public Hearing: Conditional Use Pennit PCC-96-06; Request to construct
and operate a wireless communications facility for a Personal
Communications System, located at 455 Quail Court in the RI Zoning
District - Pacific Bell Mobile Services
Planning Commission Resolution PCC-96-06 recommending that Council
grant PCC-96-06 to Pacific Bell Mobile Services allowing the construction
and operation of a Personal Communications System wireless
communications facility
Pacific Bell Mobile Services (PBMS) is proposing to construct two 12' 11" tall poles with one
pair each of plastic panel antennas, and two 5'2" X 8'8" X 2'61/2" equipment cabinets near the
northwestern corner of 455 Quail Court in the R-I Zoning District. Exhibit I shows the location
of the site, while Exhibit 2 is the site plan and elevations. Exhibit 3 is the Applicant's project
description.
The Applicant is in the process of implementing a plan to provide Personal Communications
System (PCS) service to the general public pursuant to their successful bid in obtaining
pennission from the Federal Communications Commission (FCC) to broadcast in the UHF 800
megahertz (MHz) spectrum. The plans include the siting of a number of cells throughout the
region in order to build up a viable system which will support the customer base. This is the
first of several locations PBMS will be applying for over the next several months.
RECOMMENDATION:
That the Planning Commission adopt the attached Resolution PCC-96-06 recommending that
Council grant Conditional Use Pennit PCC-96-06.
DISCUSSION:
1. Site Characteristics
The site is located in a residential neighborhood zoned R-l (Residential Single Family) on a cul-
de-sac. Other detached single family residential dwellings are located to the east, north and
south. 1-805 passes north and south of the property immediately to the west. The parcel is
occupied by a single family structure which was constructed in approximately 1965. Very
mature landscaping exists on the parcel, which includes trees over 25 feet in height, along all
property lines.
Page 2, Item: ~
Meeting Date: 12/13/95
2. Zoninl!: and Land Use
Site
North
South
East
West
Zoning
R-I (Residential Single Family)
R-l
R-l
R-l
R-I (Across I-80S)
Land Use
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Freeway/Single Family Residential
3. ProDosal
Pacific Bell Mobile Services proposes to construct two 12' 11" tall poles with one pair each of
plastic panel antennas, and two 5'2" X 8'8" X 2'61f2" equipment cabinets near the northwestern
corner of 455 Quail Court for the purposes of building up the infrastructure of their PCS
broadcasting facilities. The site is approximately 30 feet above I-80S, which is advantageous
for the siting of wireless communications facilities because it affords a longer view both north
and south along I-80S.
4. Analvsis
The proposed location of the PCS site is screened to a large extent from surrounding residential
uses. A row of Cyprus trees lines the northern property line, all of which are about 15 to 20
feet tall. The poles will have little visibility from the residential area because the antennas
themselves are less than thirteen feet in height and will, for the most part, be blocked by trees
and the house. From the freeway, they will blend into the background because they will be
smaller than most surrounding trees and because, as a condition of approval, they will be painted
flat gray.
The small equipment boxes, not much bigger than those regularly seen along streets as part of
the existing land-line telephone system, will be completely screened from the street and
surrounding residences by fencing. Unless one were to go to the trouble of looking over the
fence, the equipment boxes will not be seen.
As mentioned previously in this report, this facility is one of several the Applicant is proposing
for Chula Vista. This is part of a larger overall implementation plan the Applicant is now
implementing in order to take advantage of their successful bid through the FCC where they
were able to obtain the rights to broadcast in certain band widths. At present, two other
applications are being processed by the Planning Department.
The type of communications system being proposed is different from the other types of systems
previously brought to the City by AirTouch, GTE Mobile Net (formerly U.S. West) and
NEXTEL, the primary provider of paging services. These other systems broadcast at different
Page 3, Item: -L
Meeting Date: 12/13/95
frequencies and wattages and, therefore, have different tower designs and equipment needs.
Although the AirTouch and GTE Mobile Net systems require taller towers than PCS, PCS
requires more towers than cellular companies do. It is expected that PCS will require anywhere
from two to three times as many towers as a cellular system.
SANDAG has recently completed a draft report titled Wireless Communications Facilities Issues
Paper, which will be forwarded to the Planning Commission and City Council as soon as it is
adopted by the SANDAG board. This report is an important document in explaining the
differences between the systems, their functioning and system requirements.
On page 19 of that report PCS is described as being "similar to cellular and ESMR [paging] in
that it will operate on a "cell site" system will use a central control point, will use sector cell
configurations, will employ whip and panel antennas on monopoles and buildings, will reuse
frequencies, and will use coverage and capacity sites." The report then goes on to describe the
primary differences: "It will be different in that it will use digital technology, will require more
sites, and its sites will have smaller radii. "
5. Conclusion
Based on the minimal impacts the Pacific Bell Mobile Services facility will have on surrounding
residential land uses, staff recommends approval of the project.
Attachments
1. Commission and Draft Council Resolutions
2. Disclosure Statement
Exhibits
1. Locator Map
2. Site Plan
3. Applicant's Project Description
(m: Ihomelplanninglmaninlpacbellquailctl9606pc. 'PI)
RESOLUTION NO. PCC-96-06
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT
CONDITIONAL USE PERMIT PCC-96-06 TO PACIFIC BELL MOBILE
SERVICES ALLOWING THE CONSTRUCTION AND OPERATION OF A
WIRELESS COMMUNICATIONS FACILITY
WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista
Planning Department on August 22, 1995 by Pacific Bell Mobile Services (" Applicant"); and
WHEREAS, said application requested permission to construct and operate a wireless communications
facility for a Personal Communications System (PCS) consisting of two metal radio equipment cabinets and two
pairs of plastic panel antennas at two different locations mounted on approximately thirteen (13) foot high poles;
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 13, 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 a Conditional Use Permit for the Project in accordance with 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 be transmitted to the applicant and the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 13th day of December, 1995 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
William C. Tuchscher 11, Chair
Nancy Ripley, Secretary
1m:\home\planning\martin\pacbel\quailct\9606Pc.res]
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL GRANTING CONDITIONAL USE PERMIT PCC-96-
06 TO PACIFIC BELL MOBILE SERVICES ALLOWING THE
CONSTRUCTION AND OPERATION OF A WIRELESS
COMMUNICATIONS FACILITY FOR A PERSONAL
COMMUNICATION FACILITY
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 455 Quail Court ("Project Site"); and,
B. Project Applicant
WHEREAS, a duly verified application for a conditional use permit was filed
with the City of Chula Vista Planning Department on August 22, 1995 by Pacific
Bell Mobile Services ("Applicant"); and
C. Project Description; Application for Conditional Use Permit
WHEREAS, said application requested permission to construct and operate a
wireless communications facility for a Personal Communications System (PCS)
consisting of two metal radio equipment cabinets and two pairs of plastic panel
antennas at two different locations mounted on approximately thirteen (13) foot
high poles; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on December 13, 1995 and voted _-_ to recommend that the City
Council approve the Project in accordance with Planning Commission Resolution
PCC-96-06; and,
E. Notice of Public Hearing
WHEREAS, the City Council set the time and place for a hearing on said
Conditional Use Permit PCC-96-06 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
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of the property at least ten (10) days prior to the hearing; and
F. Place of Public Hearing
WHEREAS, the hearing was held at the time and place as advertised, namely
January 16, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed; and
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
detennine 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 13, 1995, and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
III. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator detennined that the project is a Class 3(e)
Categorical Exemption from environmental review pursuant to Section 15303 of the
California Environmental Quality Act; and
IV. 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 pennits, as
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that pennits the
stated findings 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 Personal Communication System facility is necessary to provide and
maintain a quality wireless phone system in the Chula Vista area, The system has the
potential to be used by many public service providers including sheriff, police, fire and
paramedics, thus enhancing emergency response.
The proposed facility will provide needed channel capacity in the area that will help to
ensure avaiJabiJity, 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 immediate vicinity.
pee-res.pc
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.
Personal Communication System communications operate on low-power radio waves.
Emissions from the antennas have been shown to be below any levels that would cause
hazardous biological effects. In addition, 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-96-06 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-96-06 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-96-06 will not adversely affect the Chula Vista General Plan in that
said project is proposed to be built in a location with little land use or visual impact.
V. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-95-47 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.
2. Submit plans to the Zoning Administrator for review and approval for the
construction of a fence from the northeastern corner of the existing residential
unit to the northern property line, and construct said fence.
3. Paint the monopoles and panel antennas galvanized gray.
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4. Cooperate with other communications companies in co-locating additional antenna
on pole structures and/or on the tops of buildings 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 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.
5. Comply with ANSI standards for EMF emissions. Within six (6) months after
the issuance of its occupancy permit, 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 permit.
6. 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.
7. Provide one fire extinguisher of a type and at a location satisfactory to the Fire
Marshal.
8. 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 requirements of the Zoning Administrator and with the edition of the
Uniform Building Code and the Uniform Fire Code in effect at the time of
issuance of any permit.
9. 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.e
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10. 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.
11. Applicant's failure to meet ANSI standards for EMF emissions or comply with
the condition relating to the interference with area television and radio reception
shall constitute grounds for revocation or modification of this conditional use
pennit.
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
thirty days of recordation to the Planning Department shall indicate the property
owner's/Applicant's desire that the project, and the corresponding application for building
pennits and/or a business license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Representative of
Pacific Bell Mobile Services
Date
VI. NOTICE OF EXEMPTION
The City Council directs the Environmental Review Coordinator to prepare a Notice of
Exemption and file the same with the County Clerk.
VII. 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 tenns, provisions or conditions are detennined
by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution and the pennit shall be deemed to be automatically revoked and of no further
force and effect ab initio.
Presented by
Approved as to fonn by
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Robert A. Leiter
Director of Planning
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Bruce M. Boogaard
City Attorney
I
THE C . OF CHUl.A VISTA DISCLOSURE S fEMENT
You arc required to file a Statement of Disclosure of certain ownership or financial inl.ereSts, payments. or campaign
contrihutions, on all mailers which will require discretionary action on Ihe 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 Ihe property which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor. material supplier.
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2. If any person" identified pursuant to (1) 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 (1) above is non.profit organization or a trust, list the names of any person
serving as direclor of the non-profit organization or as trustee or benefteiary or Irustor of the trust.
4. Have you had more than $250 worth of business transacted wilh any memher of Ihe City staff, Boards, Commissions,
Committees, and Council within Ihe past twelve months? Yes_ NoL If yes, please indicate 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 matter.
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Attacb addiliooal pa:.:dS.~
Signature of contractor/applicant
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Print or type name of contractor/applicant
Date:
8/22/95
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT PacHic Bell PROJECT DESCRlP110N,
C) APPLICANT'
. Mobile Services CONDITIONAL USE PERMIT
PROJECT 455 Quail Court Request: Permission to construct a wireless
ADDRESS,
communication facility in the R-l zone.
SCAlE, FILE NUMBER>
NORTH 400' PCC - 96 - 06
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PROJECT DESCRIPTION
SD-168 (Orange)
Pacific Bell Mobile Services proposes to construct, operate and maintain a wireless
communication facility at 455 Quail Court, at single-family home at the western
tenninus of Quail Court above, and on the east side of, the 805 Freeway. The facility will
consist of: 2 metal radio equipment cabinets; two pairs of plastic panel antennas at two
different locations for a total of four panel antennas. The antennas will be mounted on
two poles in the back yard ofthe home. The antennas will have a maximum height of
approximately 13 feet. At this location the antennas will have transmission access to the
freeway below. The equipment cabinets will be located in the rear yard as well.
The proposed facility will require connection to an existing 120/240 electrical service and
existing wireline telephone service. Upon completion of construction, the facility will
require periodic maintenance of two visits per month.