Attachment 2 - Planning Commission Report and Attachments.pdf — Chula Vista City Council, January 16, 2024

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October 25, 2023

ITEM TITLE
Conditional Use Permit to install a new 45-foot freestanding Wireless Telecommunication Facility on a 2.09-acre parcel improved with an existing church within the Single -Family Residence (R-1) zone and Residential Low-Medium (RLM) General Plan land use designation.

Location: 430 Second Avenue.

Environmental Notice: The Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (“CEQA”) State Guidelines.

Recommended Action: Conduct a public hearing and adopt a resolution approving Conditional Use Permit (CUP22-0052), based on the required findings and subject to conditions contained therein.

SUMMARY
AT&T Wireless (“Applicant”) requests approval of plans for a new wireless telecommunications facility, consisting of twelve (12) panel antennas mounted on a 45-foot-high stealth faux eucalyptus tree tower and a 9-foot-high concrete masonry unit wall equipment enclosure (“Project”). The Project is located on the same parcel as an existing church, owned by the Church in Chula Vista (“Property Owner”) located at 430 Second Avenue (“Project Site”) . The Project Site is zoned Single-Family Residence (“R-1”) and has a General Plan land use designation of Residential Low-Medium (“RLM”).

HOUSING IMPACT STATEMENT
The Project Site is zoned R-1 and designated Residential Low-Medium in the General Plan, which allows residential uses. No ho using is proposed as part of this Project. Therefore, no additional housing units are proposed as a part of this project.

ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed Project for compliance with the CEQA and has determined that the Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines because the proposed Project would not re sult in a significant effect on the environment, create a P a g e | 2
cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required.

DISCUSSION
On December 14, 202 2, the Applicant submitted a Conditional Use Permit (“ CUP”) application to install a new wireless telecommunication facility on a property improved with an existing church. In accordance with Chula Vista Municipal Code (“CVMC”) Section 19.89.060, the Planning Commission may allow stealth-designed facilities to exceed the zone district height limit. The maximum building height of the underlying R-1 zone is 28 feet. The proposed freestanding wireless telecommunication facility will be 45 feet tall, exceeding the maximum building height by 17 feet, and thus an approval from the Chula Vista Planning Commission is required.

Project Site Characteristics:

The improved 2.09-acre Project Site is located on the west side of Second Avenue, north of Alvarado Street, and south of G Street (Attachment 1). To the west, south, and east of the Project Site are existing single-family residential properties. To the north are existing single-family and multi-family residential properties. The existing surrounding land uses are as follows:

General Plan Zoning District Current Land Use
Site Residential Low-Medium
(RLM)
Single-Family Residential
(R-1) Church
North
Residential Low-Medium
and Residential High-
Medium (RLM & RMH)
Single-Family Residential
(R-1), and Multi-Family
Residential (R-3)
Single-Family Residential
/ Apartments
South Residential Low-Medium
(RLM)
Single-Family Residential
(R-1) Single-Family Residential
East Residential Low-Medium
(RLM)
Single-Family Residential
(R-1) Single-Family Residential
West Residential Low-Medium
(RLM)
Single-Family Residential
(R-1) Single-Family Residential

Project Description:

The proposed Project includes an unmanned wireless telecommunications facility consisting of twelve (12) panel antennas mounted on a 45-foot-high freestanding stealth tower, designed to resemble a eucalyptus tree (Attachment 2). The facility also includes a 9-foot-high concrete masonry unit (CMU) wall, which will serve as an enclosure for the equipment. Other improvements include new landscape surrounding the ground-level enclosure, which will help blend the project in with adjacent landscaped areas. A dditional planting material along the enclosure wall s will provide protection against vandalism and graffiti.

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ANALYSIS
In accordance with CVMC Chapter 19.89 (Wireless Telecommunications Facilities ), wireless telecommunications facilities are allowed in any zone, subject to a Conditional Use Permit. Facilities that exceed the height limit of the underlying zoning must consist of a stealth design , be at the minimum technologically feasible height, and require Planning Commission approval. The Project will be built to comply with the Wireless Ordinance’s Development Criteria and all other applicable City zoning and building regulations. Access to the site shall be kept to a minimum and conducted in a manner that does not negatively impact the residents or business customers.

Height/Stealth Technology and Design

The proposed stealth facility is designed to provide wireless telephone coverage through the primarily residential areas within a half -mile radius of the Project Site (Attachment 3). AT&T has demonstrated that the proposed 45-foot height limit is the minimum technologically feasible height necessary to close several gaps in coverage which will result in providing uninterrupted service to their customers. A facility built at the maximum building height (28 feet) would not be as effective at providing coverage to areas beyond the adjacent buildings constructed to the same height.

To minimize any visual impact, the facility has been designed as a faux eucalyptus tree to carefully hide and screen the antennae located on the tower (Attachment 4). The location of the facility meets the setback requirements as set forth in the R-1 zoning regulations and will be adjacent to residential neighborhoods to the west, south and east, 200 linear feet, 100 linear feet, and 100 linear feet away, respectively. The closest residential structure to the proposed wireless telecommunication facility is 105 linear feet away to the south.

The facility will use a total of twelve (12) panel antennas mounted on the tower that will provide the necessary connections to operate the facility. This facility has been designed and located to meet the current and anticipated needs of the AT&T Wireless network in the area. The associated equipment will be sheltered within a 9-foot-high ground-level CMU wall enclosure, which will be painted neutral earth tones to compliment the faux eucalyptus tower. The establishment of both the tower and enclosure will not remove any existing parking spaces.

Collocation

Section 19.89.060 of the CVMC states that wireless facilities should allow for collocation to the extent possible. The Applicant searched diligently for collocation opportunities on existing towers within a one-mile radius of the proposed Project Site. The alternatives w ould either result in new facilities with low cellular coverage , or, non-compliance with the City’s Wireless Ordinance standards. The subject site, along with the use of the tower, was found to be the best option for providing additional wireless services. The additional height and space on the tower will also provide sufficient space for future co-location by other carriers.

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CONCLUSION
Staff has reviewed the Project and determined that it is consistent with the CVMC and the Chula Vista Design Manual. Staff recommends that the Planning Commission adopt the proposed resolution approving the Project, subject to the conditions contained therein (Attachment 5).

DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property -related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).

Staff is not independently aware and has not bee n informed by any Planning Commission member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.

FISCAL IMPACT
All costs incurred processing this application are borne by the Applicant, resulting in no current fiscal impact or ongoing fiscal impact to the Development Services Fund or the General Fund.

ATTACHMENTS

1. Location Map

2. Project Plans

3. Coverage Plots

4. Photo Simulations

5. Resolution No. 2023-20

6. Disclosure Statement

Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Laura C. Black, AICP, Director of Development Services

H ST
G ST
F ST

THIRD AV
I ST

SECOND AV

FIRST AV

MADRONA ST

SHASTA ST
ELM AV

ALVARADO ST

PARK WY

ROOSEVELT ST

GLOVER AV

CHURCH AV

CENTER ST

PROJECT

LOCATION
NORTH No Scale
JJ:\Planning\Public Notices\CUP\CUP22-0052.pdf
SCALE: FILE NUMBER:

PROJECT DESCRIPTION:

PROJECT
ADDRESS:
430 Second Av. Project Summary: Proposed 45' Cell Tower at an Existing Related cases: NoneCUP22-0052

PROJECT
APPLICANT:LOCATOR ATT Wireless

CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT
CUP22-0052NORTH
Church with a 9' High CMU Wall Equipment Enclosure.

CONDITIONAL USE PERMIT
TITLE SHEETT-1.0
REVISIONSDATEREV.INITIALSDESCRIPTION
SHEET NUMBERSHEET TITLECHURCHCAL02890-NSB15558383ZONINGFIRST CHRISTIAN CHURCHOF CHULA VISTA430 "A" 2ND AVENUECHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WEREPREPARED BY ME AND UNDER MY DIRECT SUPERVISIONAND THAT I AM DULY REGISTERED ENGINEER UNDERTHE LAWS OF THE STATE OF CALIFORNIA" THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 7337 TRADE ST.SAN DIEGO, CA 92121
MD7, LLC10590 West Ocean Air Dr. Suite 250San Diego, CA 92130858·964·7439

PROJECT TEAM

DRAWING SYMBOLSGENERAL NOTES

DRAWING INDEX

VICINITY MAP

PROJECT SUMMARY
NOT FOR DISCLOSURE OUTSIDE TELECOMMUNICATION CLIENT WITHOUTWRITTEN PERMISSION.CONFIDENTIAL AND PROPRIETARY CHURCHCAL02890-NSBZONINGFA: 15558383FIRST CHRISTIAN CHURCH OF CHULA VISTA430 "A" 2ND AVENUECHULA VISTA, CA 91910SITE INFORMATIONDRIVING DIRECTIONS THE FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIANWILL VISIT THE SITE AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECTWILL NOT RESULT IN ANY SIGNIFICANT DISTURBANCE OR EFFECT ON DRAINAGE;NO SANITARY SEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL ISREQUIRED AND NO COMMERCIAL SIGNAGE IS PROPOSED.REVISIONREFER: ELECTRICAL FORADDITIONAL SYMBOLSELEVATION NUMBERSHEET NUMBER FORELEVATIONDETAIL NUMBERSHEET NUMBER FOR DETAIL#

CODE COMPLIANCE
PROPERTY OWNER:TOTAL LEASE AREA:STRUCTURE HEIGHT:PARCEL NUMBER:LATITUDE (NAD 83):LONGITUDE (NAD 83):ZONING JURISDICTION:ZONING DISTRICT:OCCUPANCY GROUP:CONSTRUCTION TYPE:OTHER WIRELESS FACILITIES:POWER COMPANY:TELEPHONE COMPANY:

THE CHURCH IN CHULA VISTA 430 2ND AVE CHULA VISTA, CA 91910 T-1.0TITLE SHEETC-1 TOPOGRAPHIC SURVEYA-1.0OVERALL SITE PLANA-1.1ENLARGED SITE PLANA-2.0EQUIPMENT PLANA-3.0EXISTING AND NEW ANTENNA PLANA-4.0 ELEVATIONSA-5.0EQUIPMENT DETAILSA-6.0LANDSCAPE PLAN

XA-XXA-X
CONTRACTOR SHALL PROVIDE ALL MATERIALS, LABOR, TOOLS,TRANSPORTATION, ETC. TO FULLY EXECUTE WORK. WORK REQUIREMENTSDETAILED ON THE DRAWINGS AND SPECIFICATIONS AND SHALL INCLUDE, BUTNOT BE LIMITED TO, THE FOLLOWING ITEMS:ALL NEW EQUIPMENT INDICATED IN DRAWINGS IS AN UNMANNEDTRANSMISSION FACILITY FOR TELECOMMUNICATION CELLULAR SERVICES.·INSTALL (1) NEW AT&T 45'-0" HIGH MONO BROADLEAF·INSTALL (12) NEW AT&T PANEL ANTENNAS·INSTALL (9) NEW AT&T RRUS @ ANTENNA LEVEL·INSTALL (1) 9'-0" CMU EQUIPMENT ENCLOSURE·INSTALL (1) EMERGENCY GENERATOR INSIDE EQUIPMENT ENCLOSURE·INSTALL FIBER & POWER CABLE RUN FROM EQUIPMENT TO (N) ANTENNAS·INSTALL (4) NEW SHRUBS·INSTALL NEW IRRIGATION LINETHE SIZE, HEIGHT AND DIRECTION OF ANTENNAS SHALL BE ADJUSTED TO MEETSYSTEM REQUIREMENTS. 48 HOURS PRIOR TO DIGGING,CONTRACTOR TO NOTIFY ALLUTILITY COMPANIES TO LOCATEALL UNDERGROUND UTILITIES.R 2019 CALIFORNIA BUILDING CODE2019 CALIFORNIA RESIDENTIAL CODE2019 CALIFORNIA TITLE 242019 CALIFORNIA FIRE CODE2019 CALIFORNIA ENERGY CODE2019 CALIFORNIA PLUMBING CODE2019 CALIFORNIA MECHANICAL CODE2019 CALIFORNIA ELECTRICAL CODE TIA-222 CODE2019 CBC SECTION 301.4 RESIDENTIAL GROUP R-32019 CFC SECTION 1206.11.1 THROUGH 1206.11.10IN THE EVENT OF CONFLICT, THE MOSTRESTRICTIVE CODE SHALL PREVAILNOTE:Callbefore you dig.below.Know what's NORTHSITEAPPLICANT AGENT:AT&T WIRELESS7337 TRADE ST.SAN DIEGO, CA 92121CONTACT: MARCO MENDEZPHONE: (858) 699-9169EMAIL: [email protected] ACQUISITION AGENT:MD7, LLC.10590 WEST OCEAN AIR DRIVESUITE 250SAN DIEGO, CA 92130CONTACT: ROBERT POLITOPHONE: (858) 291-1915EMAIL: [email protected] ARCHITECT:MD7 ARCHITECTURE SERVICES, INC10590 WEST OCEAN AIR DRIVESUITE 250SAN DIEGO, CA 92130ARCHITECT: MARIO MARTINEZCONTACT: NICHOLAS BRITTPHONE: (858) 9971011EMAIL: [email protected], LLC.10590 WEST OCEAN AIR DRIVESUITE 250SAN DIEGO, CA 92130CONTACT: ROBERT POLITOPHONE: (858) 291-1915EMAIL: [email protected]:MAGARAM ENGINEERING, LLC.4491 HOLLY AVEFAIRFAX, VA 22030CONTACT: BRETT MAGARAM, PEPHONE: (914) 450-8416EMAIL: [email protected] ENGINEER:AT&T WIRELESS7337 TRADE ST.SAN DIEGO, CA 92121CONTACT: JOHN BADILLAEMAIL: [email protected] 624.0 SQ. FT.45'-0"568-420-47-0032° 38' 14.43"N117° 04' 26.46"WCITY OF CHULA VISTAR-1UNMANNED, NON-SPRINKLEREDII-BNONESDG&EAT&T FROM AT&T OFFICE:1.HEAD WEST ON TRADE ST TOWARDS CAMINO SANTA FE2.TURN LEFT ONTO CAMINO SANTA FE TOWARDS MIRAMAR RD3.CONTINUE ON MIRAMAR RD TO MERGE 805 N4.CONTINUE 805 N TO MERGE I-5 N5.CONTINUE ONTO I-5 N & TAKE EXIT TO 766.CONTINUE ON 76 & EXIT ON RANCHO DE ORO RD7.TURN LEFT ONTO RANCHO DE ORO RD8.TURN RIGHT ON THE FIRST UNMAMED ROAD ON THE RIGHT9.CONTINUE ON THAT ROAD & TURN RIGHT AT THE DIRT ROAD AHEAD10.SITE IS AT THE END OF DIRT ROAD ACROSS A BLDG.

(E) POLE

88.81TW87.99NG98.67NG
121.17 TOP98.56 TC119.20 TOP125.08 TOP94.55NG
122.05 TOP90.19NG90958991929394969798
99 88
OVERALL SITE PLANA-1.01OVERALL SITE PLAN1"=40'-0" (11x17)SCALE:(OR)1"=20'-0" (22x34)20'10'020' NORTH REVISIONSDATEREV.INITIALSDESCRIPTION
SHEET NUMBERSHEET TITLECHURCHCAL02890-NSB15558383ZONINGFIRST CHRISTIAN CHURCHOF CHULA VISTA430 "A" 2ND AVENUECHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WEREPREPARED BY ME AND UNDER MY DIRECT SUPERVISIONAND THAT I AM DULY REGISTERED ENGINEER UNDERTHE LAWS OF THE STATE OF CALIFORNIA" THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 7337 TRADE ST.SAN DIEGO, CA 92121
MD7, LLC10590 West Ocean Air Dr. Suite 250San Diego, CA 92130858·964·7439

SITE INFORMATION
90% ZDs009/13/2022NAC90% ZDs109/30/2022NAC90% ZDs210/06/2022NACREVISED 90% ZDs311/02/2022JCREVISED 90% ZDs411/10/2022AFCITY COMMENTS511/16/2022FRCITY COMMENTS605/09/2023FRREVISED 100% ZDs706/06/2023MV GENERAL NOTESTHIS IS NOT A SITE SURVEY:THESE DRAWINGS HAVE BEEN CREATED BY INFORMATION GATHERED AT THESITE, AS-BUILTS PROVIDED BY AT&T AND WITHOUT A SURVEY. PLEASEVERIFY ALL DIMENSIONS, LENGTHS, PROPERTY LINES AND CONDUIT RUNS.ALL PROPERTY BOUNDARIES, ORIENTATION OF TRUE NORTH AND STREETHALF-WIDTHS HAVE BEEN OBTAINED FROM A TAX PARCEL MAP AND AREAPPROXIMATE. REFER TO LAND SURVEY FOR COMPLETE SITE INFORMATION.UNDERGROUND UTILITIES:EXISTING UNDERGROUND UTILITIES ARE NOT SHOWN. CONTRACTOR TOLOCATE AND PROTECT ALL EXISTING UNDERGROUND UTILITIES DURINGCONSTRUCTION.CONTRACTOR NOTES:1.CONTRACTOR SHALL REPAIR ALL DAMAGE RESULTING FROMCONSTRUCTION BACK TO PRE-CONSTRUCTION CONDITION ATCOMPLETION OF WORK.2.CONTRACTOR SHALL COORDINATE SITE ACCESS TIMES AND EQUIPMENTSTAGING LOCATIONS WITH LANDLORD.

PROPERTY LINEROAD CENTERLINELEGEND
(N) AT&T 45'-0" HIGHMONO BROADLEAF WITHANTENNAS & EQUIPMENTENCLOSURE AREA(SEE ENLARGEDSITE PLAN ON A-2.0)1A-2.0 2ND AVENUEAPN: 586-420-47(E) SEMI-CIRCLEPERIMETER BLOCKWALL TO BE REMOVED 2A-4.0
1A-4.0
PROPERTY LINE145'33.56'33.56'PROPERTY LINE167.15'PROPERTY LINE 276.43'
PROPERTY LINE312.01'
(E) DRIVEWAY(N) AT&T 12'-0" WIDEACCESS EASEMENT(N) SECTOR "B"120° (N) SECTOR "A"10°
(N) SECTOR "C"250°DRAINAGE EASEMENTSWEETWATER AUTHORITY EASEMENTEXISTING U.G. WATER AND POWER(N) 1'-6" BLOCKWALL (E)PARKINGLOT
25'-0"FRONT SETBACK
(N) RF WARNING SIGNAGEAT BASE OF UTILITY POLE
(N) RF WARNING SIGNAGEAT BASE OF UTILITY POLE
90958991929394969798
99 88
(N) RF WARNING SIGNAGEAT BASE OF UTILITY POLE
ENLARGED SITE PLANA-1.1ENLARGED SITE PLAN
REVISIONSDATEREV.INITIALSDESCRIPTION
SHEET NUMBERSHEET TITLECHURCHCAL02890-NSB15558383ZONINGFIRST CHRISTIAN CHURCHOF CHULA VISTA430 "A" 2ND AVENUECHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WEREPREPARED BY ME AND UNDER MY DIRECT SUPERVISIONAND THAT I AM DULY REGISTERED ENGINEER UNDERTHE LAWS OF THE STATE OF CALIFORNIA" THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 7337 TRADE ST.SAN DIEGO, CA 92121
MD7, LLC10590 West Ocean Air Dr. Suite 250San Diego, CA 92130858·964·7439

SITE INFORMATION
90% ZDs009/13/2022NAC90% ZDs109/30/2022NAC90% ZDs210/06/2022NACREVISED 90% ZDs311/02/2022JCREVISED 90% ZDs411/10/2022AFCITY COMMENTS511/16/2022FRCITY COMMENTS605/09/2023FRREVISED 100% ZDs706/06/2023MV 11/4"=1'-0" (22x34)(OR)SCALE:1/8"=1'-0" (11x17)4'2'1'0 NORTH GENERAL NOTESTHIS IS NOT A SITE SURVEY:THESE DRAWINGS HAVE BEEN CREATED BYINFORMATION GATHERED AT THE SITE,AS-BUILTS PROVIDED BY AT&T AND WITHOUT ASURVEY. PLEASE VERIFY ALL DIMENSIONS,LENGTHS, PROPERTY LINES AND CONDUITRUNS.ALL PROPERTY BOUNDARIES, ORIENTATION OFTRUE NORTH AND STREET HALF-WIDTHS HAVEBEEN OBTAINED FROM A TAX PARCEL MAP ANDARE APPROXIMATE. REFER TO LAND SURVEYFOR COMPLETE SITE INFORMATION.UNDERGROUND UTILITIES:EXISTING UNDERGROUND UTILITIES ARE NOTSHOWN. CONTRACTOR TO LOCATE ANDPROTECT ALL EXISTING UNDERGROUNDUTILITIES DURING CONSTRUCTION.CONTRACTOR NOTES:1.CONTRACTOR SHALL REPAIR ALL DAMAGERESULTING FROM CONSTRUCTION BACK TOPRE-CONSTRUCTION CONDITION ATCOMPLETION OF WORK.2.CONTRACTOR SHALL COORDINATE SITEACCESS TIMES AND EQUIPMENT STAGINGLOCATIONS WITH LANDLORD.

PROPERTY LINEROAD CENTERLINELEGEND
TOTAL LEASE AREA:EQUIPMENT ENCLOSURE : 316 SQ. FT.ANTENNA AREA: 308 SQ. FT. TOTAL: 624 SQ. FT. (N) AT&T OUTDOORCABINETS
(N) EMERGENCY56"L x 34"W x 99.1"HGENERATOR ONCONCRETE PAD(N) AT&T 45'-0" HIGHMONO BROADLEAF WITH(3) SECTORS ANTENNAS(4) PANEL ANTENNASPER SECTOR(12) TOTAL (N) AT&T UG ELEC.CONDUIT/CONDUCTORS ANDFIBER CONDUIT IN JOINTTRENCH (APPROX. 90')2ND AVENUE (E) UTILITY POLE #P726289CIR 255-1096 W/ 25KVATRANSFORMER AND FIBER(NEW FIBER & POWER P.O.C.) (E) TRANSFORMERPEDESTAL,POWER P.O.C.
7'-9"
(N) AT&T RRUS AT ANTENNA LEVEL(9) TOTAL
15'-8"
5'-0"
(N) SECTOR "B"120°
(N) SECTOR "A"10°
(N) SECTOR "C"250°
12'-0"(E) RAWLAND
20'-2"(N) CHAINKLINKTOPPERS FORSECURITYCOVER(N) AT&T METER PANEL,200A, 120/240V, 1PH, 3WIRE, 4 CLIP MOUNTEDTO EXTERIOR WALL 2A-4.0
1A-4.0
5'-0"
±40'-0"(25'-0" MIN. FROM EDGE OF BRANCHES TO OVERHEAD POWER LINE)25'-0"FRONT SETBACK(E) SEMI-CIRCLEPERIMETER CURBTO BE REMOVED(E) RAWLAND(E)PARKINGLOT (N) AT&T 5'-0" WIDEUTILITY EASEMENT
NOTE:PROPOSED CMU WALL ENCLOSURE TOBE PANTED AND TEXTURED TO MATCHEXISTING CHURCH±13'-0" (N) 9'-0" TALL CMUEQUIPMENTENCLOSURE
±13'-0"
(N) RF WARNING SIGNAGE ATBASE OF MONOBROADLEAF
(N) 1'-6" BLOCKWALL TO MATCHEXISTING
(E) RETAINING WALL
2A-5.03A-5.01A-5.0
(E) BLOCK WALL(N) REMOVEABLEBOLLARD
5'-2"1'-3"
908988
EXISTING & NEWEQUIPMENT PLANSA-2.0EXISTING EQUIPMENT PLAN1PROPOSED EQUIPMENT PLAN21/4"=1'-0" (11x17)SCALE:(OR)1/2"=1'-0" (22x34)2'1'6"0 NORTH1/4"=1'-0" (11x17)SCALE:(OR)1/2"=1'-0" (22x34)2'1'6"0 REVISIONSDATEREV.INITIALSDESCRIPTION
SHEET NUMBERSHEET TITLECHURCHCAL02890-NSB15558383ZONINGFIRST CHRISTIAN CHURCHOF CHULA VISTA430 "A" 2ND AVENUECHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WEREPREPARED BY ME AND UNDER MY DIRECT SUPERVISIONAND THAT I AM DULY REGISTERED ENGINEER UNDERTHE LAWS OF THE STATE OF CALIFORNIA" THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 7337 TRADE ST.SAN DIEGO, CA 92121
MD7, LLC10590 West Ocean Air Dr. Suite 250San Diego, CA 92130858·964·7439

NO EXISTING EQUIPMENT PLAN
NORTH
15'-8"TYP.12'-0"TYP.
4'-8"5'-0"
5'-0"2'-6"
20'-2"
(N) PURCELL FLX21OUTDOOR CABINET
(N) 9'-0" CMU EQUIPMENTENCLOSURE W/ DOUBLESWING W.I. GATE, TYP.(N) EMERGENCY56"L x 34"W x 99.1"HGENERATOR ONCONCRETE PAD5'-0" (N) DC-12 ONH-FRAME
(N) CHAINKLINKTOPPERS FORSECURITYCOVER
6"3'-5"(N) VERTIV 512OUTOOD CABINET(N) ELECTRICALPANEL / ATS /MTS / CAMLOCK (N) AT&T GPSANTENNA
(N) ACCESSGATE
(N) TELCO/FIBERBOX ON H-FRAME5'-0"
(N) AT&TELECTRICAL METER
NOTE:PROPOSED MONOBROADLEAFNOT SHOWN FOR CLARITY
(N) 1'-6" BLOCKWALL(N) MONOBROADLEAFFOUNDATION (BRANCHESNOT SHOWN FOR CLARITY) 1'-3"
5'-3"
EXISTING & NEWANTENNA PLANSA-3.0EXISTING ANTENNA PLANS1N.T.S.SCALE REVISIONSDATEREV.INITIALSDESCRIPTION
SHEET NUMBERSHEET TITLECHURCHCAL02890-NSB15558383ZONINGFIRST CHRISTIAN CHURCHOF CHULA VISTA430 "A" 2ND AVENUECHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WEREPREPARED BY ME AND UNDER MY DIRECT SUPERVISIONAND THAT I AM DULY REGISTERED ENGINEER UNDERTHE LAWS OF THE STATE OF CALIFORNIA" THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 7337 TRADE ST.SAN DIEGO, CA 92121
MD7, LLC10590 West Ocean Air Dr. Suite 250San Diego, CA 92130858·964·7439

NEW ANTENNA PLAN
(N) AT&T PANEL ANTENNAS(4) TOTAL PER SECTOR, TYP.(12) TOTALNO EXISTING ANTENNA PLAN 11/4"=1'-0" (11x17)SCALE:(OR)1/2"=1'-0" (22x34)2'1'6"0
(N) AT&T CROSS ARMANTENNA MOUNTING ON45'-0" HIGH MONOBROADLEAF NORTH
ANTENNA AND TRANSMISSION CABLE SCHEDULESECTORFINALCONFIGURATIONTECHNOLOGYFINALCONFIGURATIONRRU MODEL / QTY.FINAL CONFIGURATIONTMA / FILTERMODEL / QTY.FINAL CONFIGURATIONTRANSMISSION LINES(SIZE/LENGTH FT ±5')FINAL CONFIGURATIONMAKE / MODELNEWAZIMUTHNEWRAD CENTER ALPHA SECTORA1LTE 700 /1900/AWS5G 850/1900/AWSCOMMSCOPENNH4-65C-R6H410°40'-0"(1) RRU-4449 B5/B12(1) RRU 8843- FIBERA2- - -- - - -A35G CBANDERICSSONAIR 6449 & AIR 641910°INTEGRATED WITHINAIR ANTENNAS- FIBERA4LTE 70010°(1) RRU-4478 B14- FIBER BETA SECTORB1LTE 700120°(1) RRU-4478 B14- FIBERB25G CBANDERICSSONAIR 6449 & AIR 6419120°INTEGRATED WITHINAIR ANTENNAS- FIBERB3- - -- - - -B4LTE 700 /1900/AWS5G 850/1900/AWS120°(1) RRU-4449 B5/B12(1) RRU 8843- FIBER GAMMA SECTORC1LTE 700250°(1) RRU-4478 B14- FIBERC2- - -- - - -C3LTE 700 /1900/AWS5G 850/1900/AWS250°(1) RRU-4449 B5/B12(1) RRU 8843- FIBERC45G CBANDERICSSONAIR 6449 & AIR 6419250°INTEGRATED WITHINAIR ANTENNAS- FIBER (N) SECTOR "B"120°
(N) SECTOR "A"10°
(N) SECTOR "C"250°
(N) AT&T RRUS,TYP.3'-0"TYP.9'-0"TYP.POS. 1POS. 2POS. 3POS. 4 POS. 1POS. 2POS. 3POS. 4POS. 1POS. 2POS. 3POS. 4
COMMSCOPENNH4-65C-R6H4COMMSCOPENNH4-65C-R6H4COMMSCOPENNH4-65C-R6H4COMMSCOPENNH4-65C-R6H4COMMSCOPENNH4-65C-R6H4 40'-0"40'-0"40'-0"40'-0"40'-0"
42'-10"39'-4"42'-10"39'-4"
42'-10"39'-4"
(N) MONO BROADLEAFFOUNDATION
A-4.0
REVISIONSDATEREV.INITIALSDESCRIPTION
SHEET NUMBERSHEET TITLECHURCHCAL02890-NSB15558383ZONINGFIRST CHRISTIAN CHURCHOF CHULA VISTA430 "A" 2ND AVENUECHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WEREPREPARED BY ME AND UNDER MY DIRECT SUPERVISIONAND THAT I AM DULY REGISTERED ENGINEER UNDERTHE LAWS OF THE STATE OF CALIFORNIA" THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 7337 TRADE ST.SAN DIEGO, CA 92121
MD7, LLC10590 West Ocean Air Dr. Suite 250San Diego, CA 92130858·964·7439

PROPOSED SOUTH ELEVATION
11/16"=1'-0" (11x17)SCALE:(OR)1/8"=1'-0" (22x34)8'4'2'0PROPOSED WEST ELEVATION ELEVATIONS GENERAL NOTESGENERAL NOTES1.THIS DRAWING IS FOR COORDINATION PURPOSES ONLY.2.THE SIZE, HEIGHT AND DIRECTION OF ANTENNAS SHALLBE ADJUSTED TO MEET SYSTEM REQUIREMENTS, RE:CURRENT/FINAL NCR.3.REFER TO STRUCTURAL (BY OTHERS) FOR ADEQUACYOF STRUCTURE WITH LESSEE'S EQUIPMENT.4.FOR ANTENNA AND EQUIPMENT DETAILS, REFERENCECURRENT RF DESIGN AND DETAILS THIS SHEET. FORMORE INFORMATION REFERENCE STRUCTURAL (BYOTHERS).5.FOR TRANSMISSION CABLE ATTACHMENT AND ROUTINGREFERENCE STRUCTURAL (BY OTHERS).6.PRIOR TO COMMENCEMENT OF WORK, CONTRACTOR TOCHECK & VERIFY DIMENSIONS & LAYOUT OF EXISTINGEQUIPMENT/ANTENNAS AS MARKED ON THE DRAWINGS.REPORT ANY DISCREPANCIES TO THE ARCHITECT OFRECORD IMMEDIATELY. 21/16"=1'-0" (11x17)SCALE:(OR)1/8"=1'-0" (22x34)8'4'2'0 (N) AT&T PANEL ANTENNAS(4) TOTAL PER SECTOR,(12) TOTAL, TYP.AT&T NEW ANTENNAS RAD CENTER40'-0" BASE LEVEL TOP OF AT&T NEW ANTENNAS44'-0" BASE LEVEL EQUIPMENT GRADE LEVELELEV. -3'-0" AGL
(N) AT&T 45'-0" HIGHMONO BROADLEAF
MONO BROADLEAF BASEELEV. ±0'-0" AGL(E) SLOPEGRADING
(N) AT&T FIBERCABLE RUN
(N) STUB UPCABLE BOX
15'-8"9'-0"
EQUIPMENT GRADE LEVELELEV. -3'-0" AGLMONO BROADLEAF BASEELEV. ±0'-0" AGL 9'-0"23'-0"23'-2"
(N) AT&T PANEL ANTENNAS(4) TOTAL PER SECTOR,(12) TOTAL, TYP.(N) AT&T 45'-0" HIGHMONO BROADLEAF (N) EMERGENCY56"L x 34"W x 99.1"HGENERATOR ONCONCRETE PAD(N) AT&T OUTDOORCABINETS(N) FIBERTRENCH(N) MONO BROADLEAFFOUNDATION (N) AT&T FIBERCABLE RUN
(E) SLOPEGRADING
TOP OF MONO BROAD LEAF45'-0" BASE LEVEL
(N) 9'-0" TALL CMUEQUIPMENTENCLOSURE
(N) 9'-0" TALL CMUEQUIPMENTENCLOSURE
NOTE:PROPOSED ANTENNAS TO BE PAINTED TOMATCH NEW MONOBROADLEAF COLOR NOTE:PROPOSED ANTENNAS TO BE PAINTED TOMATCH NEW MONOBROADLEAF COLOR 2A-5.03A-5.0
2A-5.03A-5.0
1A-5.0
(N) 1'-6" BLOCKWALL
AT&T NEW ANTENNAS RAD CENTER42'-10" BASE LEVELAT&T NEW ANTENNAS RAD CENTER39'-4" BASE LEVEL TOP OF MONOPOLE43'-0" BASE LEVEL AT&T NEW ANTENNAS RAD CENTER40'-0" BASE LEVEL TOP OF AT&T NEW ANTENNAS44'-0" BASE LEVEL TOP OF MONO BROAD LEAF45'-0" BASE LEVELAT&T NEW ANTENNAS RAD CENTER42'-10" BASE LEVELAT&T NEW ANTENNAS RAD CENTER39'-4" BASE LEVEL TOP OF MONOPOLE43'-0" BASE LEVEL A-5.0
REVISIONSDATEREV.INITIALSDESCRIPTION
SHEET NUMBERSHEET TITLECHURCHCAL02890-NSB15558383ZONINGFIRST CHRISTIAN CHURCHOF CHULA VISTA430 "A" 2ND AVENUECHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WEREPREPARED BY ME AND UNDER MY DIRECT SUPERVISIONAND THAT I AM DULY REGISTERED ENGINEER UNDERTHE LAWS OF THE STATE OF CALIFORNIA" THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 7337 TRADE ST.SAN DIEGO, CA 92121
MD7, LLC10590 West Ocean Air Dr. Suite 250San Diego, CA 92130858·964·7439

SITE INFORMATION
90% ZDs009/13/2022NAC90% ZDs109/30/2022NAC90% ZDs210/06/2022NACREVISED 90% ZDs311/02/2022JCREVISED 90% ZDs411/10/2022AFCITY COMMENTS511/16/2022FRCITY COMMENTS605/09/2023FRREVISED 100% ZDs706/06/2023MV A-5.0EQUIPMENT DETAILSDUAL TRENCH DETAILN.T.S.SCALE1N.T.S.SCALE3CMU WALL GATE DETAIL NOT USEDN.T.S.SCALE5NOT USEDN.T.S.SCALE4CMU WALL DETAILN.T.S.SCALE2 2'-0"3'-0" MIN.1'-0"4"4"2"1'-0"3"
REPLACE SOD &/OR TOP SOIL TOMATCH EXISTINGUNDISTURBED SOILBACKFILL EARTH TO 90% RELATIVECOMPACTION PER ASTM D1557UTILITY WARNING TAPE4" PVC SCH 40 FIBER CONDUITWHERE APPLICABLE (OR PVCSIZING AS REQ'D PER CABLE SIZE)BACKFILL (SAND OR NATIVE SOIL W/SAND EQUIVALENT GREATER THAN30) COMPACT TO 90% RELATIVECOMPACTION PER ASTM D15574"3"3" PVC SCH 40 ELECTRICALCONDUIT WHERE APPLICABLE (ORPVC SIZING AS REQ'D PER POWERPROVIDER DESIGN) #4 @ 24" O.C.VERTICAL8"x8"x16" CMU. SOLID GROUT CELLS W/(1500 PSI CONCRETE COMPRESSIVESTRENGTH AT 28 DAYS) #4 @ 24" O.C. HORIZ. 8"
2 #4 @ 24" O.C. HORIZ.#4 @ 24" O.C. VERT. INTOFOOTING. SEE REBARDEVELOP DETAIL 2'-0"#4 @ 12" O.C. EACHWAY @ TOP & BOTTOM

FINISHED GRADE
8" CMU WALL SOLIDGROUTED
3'-6"3" MIN(4) #4 CONTINUOUS@ TOP & BOTTOM36" MIN.TOP SPLICE3" MIN.2 X CMU KEY(2) #4 @BOTTOMCMU BLOCK 1'-6"'9'-0"
2'-1"
11'-0"
1'-5"SCARIFY UPPER 6" OF SOIL& RE-COMPACT TO 95%RELATIVE COMPACTIONPER ASTM 1557 GROUT CAP(2) #4 @ TOPCMU BLOCKEQ.EQ.

FINISHED GRADE2500 PSI CONCRETEFOOTING (TYP.)

PER PLAN
SWING GATE PER PLANSWING GATE PER PLANCMU WALL PER PLANCMU WALL PER PLANGATE POSTCL1/2"Ø U-BOLT W/MIN.6" EMBEDDED INTOCMU WALL. A307

PER PLAN
6" MIN.HALF-MOON GATE KEEPERFOR PLUNGER RODGATE LATCH W/MUSHROOMTYPE CATCH

GATE LATCHW/ LOCK
5/8" SQ. x 16 GA. TUBULAR STEELFENCE PICKETS @ 4" OPENINGMAX. PINCH TOP ENDS TODECORATIVE POINTDIAGONAL STEEL SUPPORT ROD3" SQ. 3/16" TUBULAR STEEL.FENCE POST @ 8'-0" O.C. MAX.2" SQ. 3/16" TUBULARSTEEL. TOP & BOTTOM RAILS 90958991929394969798
99 88
LANDSCAPE PLANA-6.0LANDSCAPE PLAN
REVISIONSDATEREV.INITIALSDESCRIPTION
SHEET NUMBERSHEET TITLECHURCHCAL02890-NSB15558383ZONINGFIRST CHRISTIAN CHURCHOF CHULA VISTA430 "A" 2ND AVENUECHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WEREPREPARED BY ME AND UNDER MY DIRECT SUPERVISIONAND THAT I AM DULY REGISTERED ENGINEER UNDERTHE LAWS OF THE STATE OF CALIFORNIA" THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 7337 TRADE ST.SAN DIEGO, CA 92121
MD7, LLC10590 West Ocean Air Dr. Suite 250San Diego, CA 92130858·964·7439

SITE INFORMATION
90% ZDs009/13/2022NAC90% ZDs109/30/2022NAC90% ZDs210/06/2022NACREVISED 90% ZDs311/02/2022JCREVISED 90% ZDs411/10/2022AFCITY COMMENTS511/16/2022FRCITY COMMENTS605/09/2023FRREVISED 100% ZDs706/06/2023MV 11/4"=1'-0" (22x34)(OR)SCALE:1/8"=1'-0" (11x17)4'2'1'0 NORTHIRRIGATIONROAD CENTERLINELEGEND (N) IRRIGATION SECTION
DEMO NOTES·EXISTING SPRINKLERS - 13 TOTAL·SPRINKLERS TO BE REMOVED - 1 TOTAL·PROPOSED IRRIGATION LINE - APPROX. 30'·EXISTING SHRUBS - 1 TOTAL·SHRUBS TO BE REMOVED - 1 TOTAL·PROPOSED SHRUBS - 3 TOTAL·EXISTING LOW GROUNDCOVER ON HILLSIDETO BE PROTECTED AND/OR REPLANTEDWHERE TRENCHING OCCURS. (E) IRRIGATION SECTION TOBE REMOVED
(E) WATERSPRINKLER,(TOTAL OF 12)
(E) WATER SPRINKLER TO BEREMOVED (TOTAL OF 1)
(N) MONOBROADLEAFFOUNDATION (BRANCHESNOT SHOWN FOR CLARITY) (E) TREE, TYP.
(E) PALM TREE
(N) SHRUBS (TOTAL OF 4)(E) SHRUB TO BEREMOVED & REPLACED (E) SEMI-CIRCLEPERIMETER BLOCKWALL TO BE REMOVED(N) 1'-6" BLOCKWALL © 2019 AT&T Intellectual Property. AT&T, Globe logo, and DIRECTV are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners.

CAL02890
Coverage Plots
2 © 2019 AT&T Intellectual Property
CAL02890
Current Coverage
CAL02890
Coverage with Planned Site
CAL02890
3 © 2019 AT&T Intellectual Property
CAL02890
Current Coverage
CAL02890CAL02890
Project only coverage
430 "A" 2nd Avenue Chula Vista CA 91910
CAL02890
First Christian Church of Chula Vista
Accuracy of photo simulation based upon information provided by project applicant.

Looking northwest from 2nd AvenueProposed
View 1
Existing
proposed monobroadleaf
proposed equipment xxxxxxxxxxx
©2022 Google Maps

Accuracy of photo simulation based upon information provided by project applicant.

Looking south from 2nd AvenueProposed
View 2
Existing
proposed monobroadleaf beyond
proposed equipment xxxxxxxxxxx
430 "A" 2nd Avenue Chula Vista CA 91910
CAL02890
First Christian Church of Chula Vista
©2022 Google Maps

Accuracy of photo simulation based upon information provided by project applicant.

Looking northeast from parking lotProposed
View 3
Existing
proposed monobroadleaf
proposed equipment enclosure
proposed equipment xxxxxxxxxxx
430 "A" 2nd Avenue Chula Vista CA 91910
CAL02890
First Christian Church of Chula Vista
©2022 Google Maps

Attachment 5
RESOLUTION NO. 2023-20

RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT (CUP22-0052) FOR A NEW 45-

FOOT FREESTANDING WIRELESS TELECOMMUNICATION FACILITY
ON A 2.09 ACRE SITE WITH AN EXISTING CHURCH LOCATED AT 430

SECOND AVENUE WITHIN THE SINGLE-FAMILY RESIDENCE ZONE (R- 1) ZONE AND RESIDENTIAL LOW -MEDIUM (RLM) GENERAL PLAN LAND USE DESIGNATION.

WHEREAS, on December 14, 20 22, a duly verified application for a Conditional Use Permit (“CUP”) was filed with the City of Chula Vista Development Services Department by AT&T (“Applicant”); Church in Chula Vista is the property owner (“Owner”); and WHEREAS, the area leased by the Applicant, which is the subject of this Resolution, is a portion of a property improved with an existing church at 430 Second Avenue, on the west side of Second Avenue, north of Alvarado Street, and south of G Street (“Project Site”); and WHEREAS, the Applicant requests approval of a CUP to install a new Wireless Telecommunication Facility, consisting of a 45-foot-high freestanding tower structure designed as a eucalyptus tree along with enclosed associated equipment (“Project”); and WHEREAS, in accordance with Chula Vista Municipal Code ( “CVMC”) Section

19.89.060, wireless telecommunication facilities are subject to the height limitation stipulated in the underlying zone; and
WHEREAS, the Single-Family Residence Zone (R-1) zone has a maximum building height of 28 feet; and
WHEREAS, in acc ordance with CVMC Section 19.89.0 60, any wireless telecommunication facilities that exceed s the maximum building height allowed in a particular zone shall require a CUP approved following a public hearing with the City of Chula Vista Planning Commission; and
WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. Thus, no further environmental review is required; and
WHEREAS, the Director of Development Services set the time and place for a hearing on the CUP application, and notice of the hearing, together with it s purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to pr operty owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and
PC Resolution No. 2023-20
October 25, 2023

Page 2 ends

WHEREAS the Chula Vista Planning Commission has reviewed and considered all materials for CUP22 -0052 and the Project , as wel l as having considered oral testimony and documentary evidence submitted related to CUP22-0052 and this Project; and WHEREAS, as advertised, the hearing was held at 6:00 p.m. on Wednesday, October 25, 2023 in the Council Chambers, 276 Fourth Avenue, befor e the Planning Commission and the hearing was thereafter closed.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista pursuant to CVMC Section 19.14.080 that it hereby makes the following findings:

1. That the proposed use at the particular location is necessary or desirable t o provide a service or facility which will contribute to the general well -being of the neighborhood or the community.

The proposed use will provide expanded wireless communication services to the Chula Vista community including, residential and public facilities. The proposed use will include facilities (i.e. a tower with antennas attached) that will exceed 28 feet in height; however, the proposed height is the only technologically feasible option for providing service to the area. Additionally, a facility built at the maximum building height (28 feet) would not be sufficient enough to allow for current or future expansion, and, co -locations with other cellular providers.

The Project Site is desirable because it will improve the wireless communication as a public convenience by providing essential communication and improved service in the surrounding area of its location. The use will continue to aid in the general wellbei ng of the community by providing a choice in wireless communication reliability in the use’s coverage area. In the event of an emergency or natural disaster, the use will be able to continue to function, which supports the general health, safety, and welfare of the citizens of Chula Vista.

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.

To minimize any visual impact, the facility utilizes a stealth design and is proposed as a faux eucalyptus tree, complimenting adjacent, existing landscaping, and, to screen any cellular equipment from public view . It will not interfere with any existing activities or conveniences of the public.

3. That the proposed use will comply with the regulations and conditions specified in Title 19 for such use.

The use requires the Applicant and Property Owner to fulfill conditions and to comply with all applicable regulations and standards specified in the City’s Wireless Ordinance (CVMC

19.89) for the telecommunications facility use. The use will be built in compliance with the City’s Wireless Ordinance development criteria and all other City zoning and building PC Resolution No. 2023-20
October 25, 2023

Page 3 ends

regulations. Additionally, a facility built at the maximum building height (28 feet) would not be sufficient enough to allow for current or future expansion, and, co -locations with other cellular providers.

4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any governmental agency.

The integration of wireless facilities with existing uses helps to achieve the Public Facilities and Services Element of the General Plan, including Policy PFS 24.1, regarding installing state-of-the-art wireless facilities, and Policy PFS 24.2, regarding reviewing new telecommunications facilities and requesting siting and design techniqu es that minimize community impacts.

BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings above, does hereby approve the Conditional Use Permit CUP22-0052, subject to the following conditions:

The following on-going conditions shall apply to the Project Site as long as it relies on this approval:

1. The Applicant shall maintain the Project Site in accordance with the approved plans for CUP22-0048, which include site plans and elevation plans on file in the Planning Division, compliance with the conditions contained herein, and CVMC Title 19.

2. The conditions of approval for this Conditional Use Permit CUP22-0052, shall be applied to the subject property until such time as the approval may be revoked, and the existence of this approval with conditions shall be recorded with the title of the property.

3. The Applicant and Owner shall execute this Conditional Use Permit acknowledging that the subject telecommunications use is the only use that has been approved under this permit. Any new use or modification/expansion of uses shall be subject to the review and approval of the Zoning Administrator.

4. The Applicant shall cooperate with telecommunications companies in co -locating additional antennas on the subject property, provided said co-locators have received a Conditional Use Permit from the City for such use. Applicant 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 Applicant has exercised good faith in accommodating other users, the City may require a third -party technical study at the expense of the Applicant.

5. Within 90 days of cessation of the business operations and use of the antennas, the Applicant shall submit a substitute user to the satisfaction of the Development Services Director and/or remove the Project and all associated equipment from the Project Site.

If the facility is removed, the Applicant shall restore the Project Site to its original PC Resolution No. 2023-20
October 25, 2023

Page 4 ends

condition. Any changes to this Conditional Use Permit shall require a modifica tion to be reviewed by the Zoning Administrator.

6. The Property Owner and Applicant shall and do hereby agree to timely indemnify, protect, defend and hold harmless the City, its City Council members, Planning Commission members, officers, employees and rep resentatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney fees (collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) any environmental deter minations; (b) the City’s approval and issuance of this Conditional Use Permit; and (c) the City’s approval or issuance of any other permit or action, whether discretionary or non -discretionary, in connection with the use contemplated herein. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner’s and Applicant’s compliance is an express condition of this permit and shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns.

7. The conditions of approval for this Conditional Use Permit shall be applied to the Project Site until such time as the approval may be revoked, and the existence of this approval with the conditions shall be recorded with the title of the property.

8. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit.

9. This Conditional Use Permit (CUP22-0052) may be reviewed 10 years from the date of approval (October 25, 2033) at which time the Zoning Administrator may review this use for compliance with the conditions of approval and any applicable codes and regulations and shall determine, in consultation with the Applicant, whether the Project shall be modified from its original approval, or revoked, and whether another review shall be necessary for the Project and if so, in what period of time.

10. This Conditional Use Perm it (CUP22-0052) shall become void and ineffective if not utilized within three (3) years from the effective date thereof (October 25, 2026) , in accordance with CVMC Section 19.14.260. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation.

I. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolu tion and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any PC Resolution No. 2023-20
October 25, 2023

Page 5 ends

fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired.

II. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document by signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood, and agreed to the conditions contained herein, and will implement the same.

Upon execution, this document shall be signed and returned to the City’s Development Services Department.

________________________________ _______________________ Signature of Property Owner Date
(William Lewallen for The Church in Chula Vista)

________________________________
Printed Name of Property Owner
(William Lewallen for The Church in Chula Vista)

________________________________ _______________________ Signature of Applicant Date
(Tara Carmichael for AT&T Wireless)

________________________________
Printed Name of Applicant
(Tara Carmichael for AT&T Wireless)

PC Resolution No. 2023-20
October 25, 2023

Page 6 ends

III. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future buildi ng permits, 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. Fa ilure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties.

IV. 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 term, provision and condition herein stated; and that in the event that any one 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.

Presented by: Approved as to form:

_________________________ _____________________
Laura C. Black, AICP for Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney

PC Resolution No. 2023-20
October 25, 2023

Page 7 ends

PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25h day of October 2023, by the following vote, to-wit;

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________
Michael De La Rosa, Chair

ATTEST:

________________________
Mariluz Zepeda, Secretary
Development Services Department
Planning Division Development Processing

List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier).

If any person* identified in section 1. above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) entity.

If any person* identified in section 1. above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust.

Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter.

Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No If yes, briefly describe the nature of the financial interest the official** may have in this contract.

1. 2.

3. 4.

5. Disclosure Statement
Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interest, payments, and campaign contributions must be filed. The following information must be disclosed:
276 Fourth Avenue Chula Vista California 91910 (619) 691.5101 4of9

APPLICATION APPENDIX B
Form
320
Rev 07.14
Development Services Department
Planning Division Development Processing
Disclosure Statement - Page 2
Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past (12) months to a current member of the City of Chula Vista Council ? Yes No if yes which council member?
Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes No
If yes, which official** and what was the nature of the item provided? Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past (12) months? Yes No
If yes, which official** and the nature of the item provided? Date
Signature of Contractor/Applicant

Print or type name of Contractor/Applicant
Person is identified as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission or committee of the City, and City employee or staff members.

This disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by legislative body.

Last Updated: March 16, 2010

6. 7.

8. *
**
***
276 Fourth Avenue Chula Vista California 91910 (619) 691.5101 5of9

APPLICATION APPENDIX B
Form
320
Rev 07.14

Chula Vista City CouncilJanuary 16, 2024

Chula Vista City Council
January 16, 2024