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Item 7.1 - City Staff PPT_CC 01.16.24 Mtg.pdf

Chula Vista City Council
January 16, 2024

Document
Item 7.1 - City Staff PPT_CC 01.16.24 Mtg.pdf
Meeting
January 16, 2024
Body
Chula Vista City Council
Original file
2.2 MB
Text extracted from the city's file for reading and search. Open the original on pub-chulavista.escribemeetings.com. That file is the official record.

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).

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