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HomeMy WebLinkAboutPlanning Comm Reports 2004/06/16 (4) PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 6-16-2004 3 ITEM TITLE: Public Hearing: Consideration of a Conditional Use Pennit, PCC -04-46, for Verizon Wireless to construct an unmanned wireless telecommunications facility atl250 Olympic Parkway. Verizon Wireless is requesting permission to construct and operate an unmanned wireless telecommunications facility at 1250 Olympic Parkway, at the Otay Ranch High School. The project wi]] consist of a total of six panel antennas and one two-foot parabolic antenna co]]ocated on an existing 74' -0" light standard. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the proposed project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: That the Planning Commission adopt Resolution PCC-04-46 approving the proposed wireless telecommunications facility, subject to conditions therein. DISCUSSION: I. Site Characteristics The project site is located at 1250 Olympic Parkway, currently improved with Otay Ranch High School. Located in a structure which wi]] be part of the stadium complex and matches an adjacent restroom facility, the majority of the equipment will be completely contained. The visible equipment will be located on an existing 74' -0" ta]] light standard, the antennas being much less visible than the actual lights. The parcel is bordered by existing single-family residential developments to the west and north and will ultimately be completely surrounded by single-family homes as Otay Ranch is completed. It should be noted, however, that all residences wi]] be a substantial distance from the site. There are two other wireless telecommunications facilities near the proposed Verizon site. 2. General Plan, Zoning and Land Use The project is located in the Planned Community P-C zone. and has a General Plan Land Use Designation of Public/Quasi-Public. The following table specifies the types ofland uses surrounding the project site: Page 2 , Item: Meeting Date: 6-16-2004 General Plan Zoning Site: PQ, Public/Quasi Public PC North: RL, Residential/LM PC/SF-l South: RL, Residential/LM PC/SF-I East: RL, Residential Low PC/SF -I West: RL, ResidentiallLM PC/SF -I 3. Proposal Current Land Use School Single Family Residential with an open space buffer Single Family Residential Single Family Residential Single Family Residential Verizon Wireless proposes to construct an unmanned wireless telecommunications facility at the school site located at 1250 Olympic Parkway. This facility is proposed at the northwest portion of the site, adjacent to the existing playing fields, separate from the actual school use, and designed to blend into the surrounding site. There are existing Nextel and Cingular wireless telecommunications facilities nearby, also mounted on existing light poles. The proposed Verizon installation comprises a total of six panel antennas along with one 2' -0" parabolic antenna collocated on an existing 74'-0" light standard. The antenna height would be at a maximum height of 55 feet, measured from ground level. The antenna centerlines are 46' -0" and 52'-0" and the antennas will be flush-mounted to a light standard to minimize visual impact. A related BTS 8'-0" tall equipment shelter is also proposed, with dimensions of 16'-0" x 32'-0". The proposed equipment shelter will reflect the architectural features (including color and design) of the existing school (see Site Plan). ANALYSIS: In accordance with Section 19.89 of the Chula Vista Municipal Code, a Conditional Use Pennit approved by the Planning Commission is required for wireless telecommunications facilities located within a Public/Quasi-Public Zone and exceeding the height limits of the zone. The proposed installation will be incorporated into the existing site playing fields, which are presently lit by 74'-0" tall standards. All antennas will be below the height of the light pole and will have no more significant visual impact than the lights themselves. There are no residences immediately surrounding the site, and the closest existing houses are presently to the north, at a distance of approxirnately half a mile. The nearest residential development consists of single-family detached units. Located to the north, their elevation is much higher and they are on the other side of an existing landscaped easement. Future residential developments around this site are unlikely to be closer than one half mile from this installation. Additionally, the site is part of a sports facility which incorporates additional equipment and structures which, while not necessarily consistent with a residential area, are typically expected within school facilities. Thus the proposed wireless telecommunications antennae is consistent with the facility and will be virtually invisible to Page 3 , Item: Meeting Date: 6-16-2004 public view. The following are considerations in the review and approval of the project as stipulated in the City's Wireless Telecommunications Ordinance: Why is the proposed height the ollly techllologically feasible optioll for providillg service to the area? The proposed facility is efficiently designed to provide coverage in a rapidly developing urban corridor. This area of east Chula Vista is characterized by moderate sloping terrain that makes consistent and reliable coverage challenging. The goal of the facility is to provide a clear line of sight signal over the surrounding terrain features. Verizon radio engineers have detennined that the proposed height is necessary to ensure that the radio signal shoots to the entire surrounding community, since ifthe radio signal does not adequately clear any intervening objects or buildings, a coverage shadow is likely to occur (see graphic of 'Eastlake Canyon Current Coverage'). Does the facility use the smallest practical devices alld most efficiellt techllology Ileeded to achie.'e the Ileeds of the Iletwork? Yes. The facility will utilize a total of six panel antennas. These are grouped around the pole of an existing light standard. Additionally, a 16' x 32' equipment compound, designed to be consistent with the adjacent restroom building, will be located adjacent to the antennae. This equipment configuration is designed to meet the current and anticipated needs of the network. Has the facility beell desiglled utilizillg stealth techllology to be visually ul/obtrusive al/d to blelld with the surroul/dil/g el/virol/mel/t? The area in which these antennae are to be located is a sports stadium, in which it is necessary to provide lighting and sound equipment consistent with such facilities. Located as they are on an existing light standard, the antennae are unlikely to provide any more visual disruption than other equipment necessary for the sporting functions. It is thus believed that the current design complies with the City's design standards for ensuring that the facility blends with the surrounding environment (see attached plans). What is the distallce from the proposed site to other al/tel/I/a sites? The distance between this proposed site and the location ofNextel and Cingular antennae (soon to be installed) is the same distance as presently exists between the already-installed light fixtures. Staff believes that little more impact will be caused by this installation than was caused by the installation of the previously-approved antennae, and that virtually no additional negative impact shall be received by the closest residential developments. Page 4, Item: Meeting Date: 6-16-2004 Is there all opportullity for collocatioll at the proposed facility? As has been previously indicated, collocation wi]] be in effect at this proposed facility, with soon-to-be-insta]]ed Nextel and Cingular insta]]ations in existence at this site. It would appear that additional opportunities for co]]ocation exist on site, should additional insta]]ations be required, and sufficient ground space exists for future equipment locations (see attached site plan). CONCLUSION: The antenna location wi]] provide a necessary and desirable service by improving wireless ce]] phone service to the developing areas of eastern Chula Vista, including, residents, and businesses. Additiona]]y, in the event of a natural disaster or other emergency situation whereby traditional phone service may be interrupted, the proposed facility would allow wireless telecomrnunications phones to continue operating. The proposed antenna use will not be detrimental to the health, safety or general welfare of the surrounding residents or general public. The Federal Communications Commission regulates the radio frequency emissions of the antennas and the facility will comply with those standards. Furthermore, the applicant has provided a technical analysis to verify that the proposed facility will not be detrimental to the general public. The proposed use is consistent with the general plan of the city. According to the Eastern Territories Area Plan Section of the General Plan, most urban development wi]] take place in the eastern portion ofthe City. It is Goal #2 of said Area Plan to accommodate and regulate such development. This proposed wireless te1ecommunications facility will help accommodate the communication needs of such high urban development throughout the South Bay, as we]] as the eastern portion of the City. It is a passive use and therefore wi]] not adversely affect the policy and goals of the General Plan. Issuance of a Conditional Use Pennit wi]] be in compliance with all municipal codes, if compliance with the attached conditions of approval occurs. Staff recommends approval of the proposed conditional use permit in accordance with the attached Planning Commission Resolution. Attachments 1 . Locator Map 2. Project Exhibits (Service Area Maps) 3. Project Plans (Site Plan, Elevations) 4. Planning Commission Resolution J:\Planning\AnnP \ Wireless telecommunications Applications\PCC 04-46 Verizon\Staff Report.duc '0 % <);. o ~ 0\ '3' \:. \,010\11 . PROJECT ~ LOCATION Santa Venetid St C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLlCANr: Verizon Wireless CONDITIONAL USE PERMIT PROJECT 1250 Olympic Pk"g ADDRESS: Otay Ranch High chool Request: Proposal for a wireless facility on an existing light post at Otay Ranch High School. SCALE: FILE NUMBER: NORTH No Scale PCC-04-046 J:\planning\carlos\locators\pcc04046.cdr 03.24.04 W <.9 <{ a: W > o o W>CJQ) a:0>> :::)000 I- 0)00 :::).~ CJ 0 LL -0 .S2 0 =-=s:::.LL Z:JCJ Oa:J>C >-CCO Z- - II <{ II 11_ OCCJQ) CJ ~ 0 W CJ.='.- ::X:~a:J> <{<.9 --.J I- (fJ <{ W RESOLUTION NO. PCC-04-046 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT, PCC-04-046, TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS FACILITY AT 1250 OLYMPIC PARKWAY -VERIZON WIRELESS WHEREAS, on February 18,2004 a duly verified application for a Conditional Use Pennit (PCC-04-046) was filed with the City Of Chula Vista Planning and Building Department on behalfofVerizon Wireless ("Applicant"); and WHEREAS, said application requests permission to install and operate a wireless telecommunications facility consisting of six panel antennas and one two-foot parabolic antenna collocated on an existing 74'-0" light standard, along with an eight-foot high 30'-0" by 16'-0" equipment enclosure on the Project Site ("Project"); and WHEREAS, the area of land owned by the Sweetwater Union High School District, more commonly known as Otay Ranch High School, is the subject matter of this resolution, and is represented in Exhibit A attached hereto and incorporated herein by this reference; and for the purpose of general description is 51 acres of property at 1250 Olympic Parkway, with a land use designation of Planned Commnnity (PC)/Single Family Residential (SF3) in the Otay Ranch Village One SPA ("Project Site"); and WHEREAS, the proposed height of the installation is the only technologically feasible option for providing service to the area; and WHEREAS, the height of the proposed cellular facilities exceeds the building height allowed by the zone and pursuant to Chula Vista Municipal Code Section 19.89 such facilities require a public hearing before the Planning Commission; and WHEREAS, the proposed telecommunication facility will be collocated with two other communication facilities at Otay Ranch High School; and WHEREAS, the proposed use is compatible with the existing uses on the Project Site and meets all the development standards of the zone, with the exception of the height limit; and WHEREAS, the proposed Project wil1 be desirable and necessary as a public convenience by providing cellular communication accessibility in Chula Vista. WHEREAS, the Environmental Review Coordinator has reviewed the proposal for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Class I categorical exemption pursuant to Section 15301 of the State CEQA Guidelines, thus no further environmental review is necessary; and Resolution PCC-04-046 WHEREAS, the Planning Commission does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City ofChula Vista. WHEREAS, the Planning Director set the time and place for a hearing on said conditional use pennit 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 ofthe property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 16, 2004 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the conditional use permit application, the Planning Commission voted to approve the conditional use pennit; and, WHEREAS, the Planning Commission of the City ofChula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this locatiou is uecessary or desirable to provide a service or facility which will coutribute to the general well being of the neighborhood or the community. The proposed use at this location is necessary and desirable to provide wireless telecommunications service in the vicinity of the Project Site and in the surrounding residential areas. Improved coverage and capacity for this system wi1l ensure availability to business users, personal users, and emergency seryice providers (including sheriff, police, fire, and paramedics), thus enhancing emergency service and response. 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. The proposed use will not be detrimental to the health, safety or general welfare to the general public, or be injurious to property or irnprovements in the vicinity. The design of this proposal reduces the impact that a new site may potentially have by integrating into facilities on an existing athletic field. The Federal Communications Commission regulates the radio frequency emissions of the antennas and the facility wi1l cornply with those standards. The facility will operate quietly and nonnally does not emit fumes, smoke, dust, or objectionable odors. Resolution PCC-04-046 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This granting ofthis use pennit is conditioned to require the pennittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use, including the City's Wireless Ordinance. Currently, that Ordinance generally allows wireless facilities in all zones, but requires a conditional use permit. The proposed use is to be built in such a way that complies with the Wireless Ordinance's development criteria and all other City zoning and build regulations. Furthennore, the conditions of this pennit are approximately in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to and 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 this pennit will not adversely affect the Chula Vista General Plan in that said Project is a relatively passive use, and therefore, will not adversely affect the policy and goals of the General Plan. The proposed use is to be built in a location with minimal impact on the already existing land use, and virtually no visual impact on the existing area due to the stealth design of incorporating into existing facilities on the Project Site. Monthly maintenance visits that the Project may generate will not result in the intensification of the use of the Project Site and is an insignificant increase in the traffic for the neighborhood. WHEREAS, the Planning Commission of the City ofChula Vista grants Conditional Use Permit PCC-04-046 subject to the following conditions, whereby the Applicant and/or property owners shall: 1. Construct and maintain the Proj ect as shown or described in conceptual plans, applications, elevations, photo simulations and other exhibits submitted for review at the Planning Commission public hearing. , Comply with all requirements and obtain all necessary pennits from the Chula Vista Building Division, Fire Department and Engineering Department. 3. The equipment shelter must be designed with colors and materials to match existing accessory structures around the athletic field at the Project Site. 4. Prior to the installation of the anteIUlas and construction of the associated equipment building, the applicant and the property owner shall provide a maintenance agreement to the Director of Planning and Building to ensure that a responsible party has been agreed upon for all maintenance repairs, replacement or upgrade of said improvements for the life of the Project. Failure to maintain the Project Site to the satisfaction of the Director of Planning and Building shall be grounds for revocation of this Conditional Use Pennit. Resolution PCC-04-046 5. A graffiti resistant treatment shaH be specified for aH wall and building surfaces. This shaH be noted on any building and waH plans and shaH be reviewed and approved by the Planning Director prior to issuance of building pennits. AdditionaHy, the Project shaH conform to Sections 9.20.055 and 9.20.035 ofthe C.V.M.C. regarding graffiti control. 6. Ensure that the Project does not cause localized interference with reception of area television or radio broadcasts, including local radio frequencies used by local school districts and water districts. If on review the City, in its discretion, finds that the Project interferes with such reception, the City may revoke or modify the conditional use permit. 7. Comply with the City's Municipal Code noise standards. Within three (3) months of the Building Division's final inspection, the Applicant shaH submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noises. The report shaH quantify the levels and compare the results with current standards specified in the Municipal Code for industrial uses. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the Project proposal dated May 26, 2004 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 modiJ)' the permit. 8. Electrical service connections and the locations of related components such as meters and transfonners shaH be coordinated with the sites electrical utility provider and a City of Chula Vista Electrician prior to issuance of building permit. Disruption of existing site improvements and facilities, including site landscaping improvements, resulting from the instaHation of said electrical services shaH be replaced/repaired in kind subject to the appropriate City approval(s). 9. Prior to issuance of a final occupancy pennit and operation of the wireless telecommunication facility, a final inspection of the facility shaH be conducted by the Department of PI arming and Building to ensure that all conditions of approval have been met and all necessary permits have been obtained. Electrical power to the facility shaH not be enabled prior to issuance of a final occupancy permit, unless such power is needed to test the facility's operation during construction and instaHation. If enabled for testing purposes, electrical power shaH be disabled once testing is complete. 10. Cooperate with other telecommunication companies in collocating additional antennas on Project Site, provided said coHocaters have received a conditional use permit for such use at said Site from the City. Permittee shaH exercise good faith in coHocating 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 Pennittee 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 the potential user. Resolution PCC-04-046 11. Comply with ANSI standards for EMF emissions. Within six (6) rnonths of the Building Division final inspection ofthe Project, the Applicant shal1 submit a project implementation report to the Director of Planning and Building which provides cumulative field measurements of radio frequency (EMF) power densities of al1 antennas instal1ed at Project Site. The report shal1 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 and Building for consistency with the project proposal report and the accepted ANSI standards. If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use pennit. 12. This permit shal1 be subject to any and al1 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 shal1 impose after advance written notice to the Pennittee 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 Pennittee of a substantial revenue source which the Pennittee cannot, in the nonnal operation of the use pennitted, be expected to economical1y recover. 13. Applicant/operator shal1 and does hereby agree to indemnify, protect, defend and hold hannless City, its Council members, officers, employees, agents and representatives, from and against any and al1liabilities, losses, damages, dernands, claims and costs, including court costs and attorneys' fees (col1ectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use pennit, (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 instal1ation and operation of the facility permitted hereby, including, without limitation, any and al1liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shal1 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 conditional use permit and this provision shall be binding on any and all of Applicant' s/operator' s successors and assigns. 14. Al10w the Project Site to be inspected six months subsequent to the issuance of building pennits to check conformance with Project plans and conditions of approval. 15. Approval of this request shal1 not waive compliance with al1 sections of Title 19 (Zoning) ofthe Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 16. The conditions of approval for this pennit shal1 be applied to the subject property until such time that the conditional use pennit is modified or revoked, and the existence of this use pennit with approved conditions shall be recorded with the title of the property. Prior Resolution PCC-04-046 to the issuance of the building pennits for the proposed unit, the Applicant/property owner shall provide the Planning Division with a recorded copy of said document. 17. This pennit shall expire five (5) years after the date of its approval by the Planning Commission. If, prior to its expiration, the Applicant requests an extension of the tenn of this pennit, the Zoning Administrator shall check the Project for compliance with the conditions of approval, and shall detennine, in consultation with the Applicant, whether the Project shall be modified from its original approval. Extensions of time may be granted in five (5) year increments. 18. This Conditional Use Pennit shall become void and ineffective if not utilized or extended within the time allotted in Section 19.14.260 of the Municipal Code. 19. Any violations of the tenns and conditions of this pennit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this pennit. 20. Any deviation trom the above noted conditions of approval shall require the approval of a modified conditional use pennit. 21. Upon cessation of the business operations and use of the antennas 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 antennas and equipment trom the Project Site. Any changes on the Conditional Use Pennit shall require modification. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the property owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document shall indicate the property owner/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 Applicant Date Resolution PCC-04-046 NOTICE OF EXEMPTION The Planning Commission directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. CONSEQUENCE OF F AlLURE OF CONDITIONS If any of the foregoing conditions fail to occur, or ifthey are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their temns, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building pennits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this pennit may also result in the imposition of civil or crirninal penalties. Developer or a successor in interest gains no vested rights by the City's approval ofthis Resolution. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that anyone or more tenns, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the pemnit shall be deemed to be automatically revoked and of no further force and effect ab initio. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit PCC-04-046 in accordance with the findings and subject to the conditions contained in this resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 16th day of June, 2004, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Steve Castaneda, Chair ATTEST: Diana Vargas, Secretary Attachment "A" - Locator Map