Planning Commission Appeal
Wireless Facility located at
430 Second Avenue
Item 7.1
1 City Council
January 16, 2024
BACKGROUND
• October 25, 2023 – Planning
Commission approved Project 7-0-0
• November 3, 2023 – Appeal
submitted, based on “Factual Error”
and “Findings Not Supported”
PROJECT LOCATION & SURROUNDING USES
SINGLE FAMILY
RESIDENTIAL (R-1) / MULTI-
FAMILY RESIDENTIAL (R-3)
SINGLE FAMILY RESIDENTIAL (R-1)
SINGLE FAMILY
RESIDENTIAL (R-1)
SINGLE FAMILY
RESIDENTIAL (R-1)
SITE LAYOUT
PROPOSED FACILITY
PHOTO SIMULATIONS
EXISTING (WEST) PROPOSED (WEST)
PHOTO SIMULATIONS
EXISTING (EAST) PROPOSED (EAST)
COVERAGE MAPS
EXISTING PROPOSED
APPEAL ISSUES
Appeal: Location is not necessary or desirable to provide a service.
-Adequate cell service.
Response: subjective standard.
-Design not compatible with surrounding
neighborhood.
Response: Design is compatible with the
neighborhood.
-Not the most technologically feasible option (co-
location).
Response: alternative sites/methods were
studied.
APPEAL ISSUES
Appeal: Detrimental to the health, safety or general
welfare.
-General Plan promotes sustainable neighborhoods.
Response: City has various goals including
providing reliable cell coverage.
-Approval of CUP will affect property values.
Response: Subjective opinion.
-Invites crime.
Response: No direct evidence. Additional
compliance with CVMC Section 19.89.060
(graffiti & vandalism).
APPEAL ISSUES
Appeal: The proposed use does not comply with the Chula Vista Municipal Code.
-Not most technologically feasible option.
Response: Technology and equipment is ever-
evolving to provide coverage with smaller devices.
-Not enough information regarding co-location.
Response: alternative sites/methods studied.
-Tower design not compatible and setbacks only meet
R-1 zone standards.
Response: Compatible design, required to only
meet setbacks prescribed in R-1 zone.
APPEAL ISSUES
Claim: The granting of this conditional use will adversely affect the General Plan of the City.
• General Plan policies regarding Community
Image/Character, Healthy and Sustainable
Communities.
Response: Many competing, also complementing
policies in the General Plan.
APPEAL ISSUES
• Code Violations Against Property Owner
Response: Council cannot consider code violations
unrelated to the proposed project and civil matters as
part of the final decision. No current code violations. • Middle-Class Tax Relief and Job Creation (Spectrum)
Act of 2012. Encourages and enhances the growth of
national telecommunications networks.
Response: No findings found within the Act related to
Planning Commission findings.
RECOMMENDATION
Deny the Appeal and adopt a
Resolution affirming the Planning
Commission’s approval of
Conditional Use Permit
(CUP22-0052).