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HomeMy WebLinkAboutCC RESO 97-44RESOLUTION NO. 97-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT APPLICATIONS FOR A WIRELESS COMMUNICATIONS FACILITY AT 1022 WEST 24TH STREET. APPLICANT: GTE MOBILNET CASE FILE NOS.: CUP-1996-5/CDP-1996-4/IS-1996-8 WHEREAS, the City Council considered Conditional Use Permit and Coastal Development Permit applications and proposed Negative Declaration for a wireless communications facility at 1022 West 24th Street at the public hearing held on April 8, 1997, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff reports contained in Case File Nos. CUP-1996-5, CDP-1996-4 and IS-1996-8, which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on April 8, 1997, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since there is adequate area on the property to accommodate a monopole with antennas, a global positioning satellite, and a 360 square foot equipment building in accordance with Land Use Code requirements. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site has frontage on West 24th Street from which access will be provided and the use is expected to generate approximately one vehicle trip per month for maintenance of the equipment. CONTINUED ON PAGE 2 Resolution No. Page 2 of 5 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is surrounded by industrial development to the south, west, east across Tidelands Avenue, and to the north across West 24th Street. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide enhanced cellular communication services for its customers. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT 1. The granting of the Coastal Development Permit is in conformity with Certified Local Coastal Program, because it will facilitate development of a wireless communications facility in conformance with requirements of the MM-CZ (Medium Manufacturing -Coastal Zone) zone designation which applies to the property. 2. There are no required conditions of approval necessary to carry out the Certified Local Coastal Program specified in the implementing ordinance which are applicable to the granting of the Coastal Development Permit, because there are no unusual hazards or coastal resources associated with the site, and the project will not affect coastal access or designated accessways to the coast. 3. The granting of the Coastal Development Permit is consistent with all other City plans and ordinances, because the MM-CZ zone designation which applies to the property permits wireless communications facilities with the issuance of a Conditional Use Permit, and conditions of approval of Conditional Use Permit-1996-5 ensure satisfaction of National City Municipal Code requirements prior to issuance of any building permit for the facility. BE IT FURTHER RESOLVED that the applications for a Conditional Use Permit and Coastal Development Permit are approved subject to the following conditions: CONDITIONS OF APPROVAL FOR THE CONDITIONAL USE PERMIT 1. Plans must conform with the 1994 edition of the Uniform Building Code, Uniform Mechanical Code and Uniform Plumbing Code, the 1993 National Electrical Code, and State Title 24 regulations. 2. A knox lock or knox box for proposed gates to the facility shall be provided. 3. One halon type fire extinguisher shall be provided for the facility. 4. The monopole and antennas shall be painted a non -reflective, neutral gray color. CONTINUED ON PAGE 3 Resolution No. Page 3 of 5 5. The equipment building shall be conventional construction and shall have an exterior finish of stucco or other decorative exterior finish subject to review and approval by the Planning Director. 6. The permittee shall not object to co -locating additional facilities of other communication companies on the permitted site. Provided such co -location does not result in quantifiable technical or quality -of -service impairment of the permitted use. In the event a dispute arises with regard to co -locating with other users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 7. If the use of the equipment authorized by this Conditional Use Permit is abandoned or otherwise discontinued for a period of six or more consecutive months, it shall be removed by the applicant. 8. The applicant shall agree that where future technological advances would allow for reduced visual impacts from the proposed telecommunications facility, the applicant will make those modifications. 9. To ensure that the proposed facility does not adversely impact the City's marina and related development project, the applicant shall, prior to construction of the facility, agree in writing to the following redesign program requiring the applicant to redesign the monopole as a "stealth" architecturally integrated facility: The applicant shall work with the Planning Department and Community Development Commission staff during the preparation of the marina and related development plans to determine if the plans include a hotel or other building with a height and location providing comparable coverage as the 60-foot-monopole. The Planning Department and Community Development Commission staff shall notify the applicant during the marina and related development design process so that the applicant can be involved. If a suitable building or structure is identified for the applicant's antennas and equipment, and the applicant can reach an agreement to occupy the space, the applicant and Planning Department and Community Development Commission staff shall work cooperatively to: 1) integrate the antennas into the design of the building through facade mounting the antennas or architecturally screening the antennas; and 2) develop a suitable location for the associated equipment inside the proposed building. If implemented, the applicant shall, at its sole expense, remove the 60-foot-monopole and associated equipment building within one month of installation and operation of the relocated facility within a marina/hotel complex building or other structure. CONTINUED ON PAGE 4 Resolution No. Page 4 of 5 If the City's marina and related development does not include a building or other structure providing comparable coverage for the applicant's antennas, then if there is redevelopment in phases, the applicant shall, concurrent with the preparation of the marina and related development plans for the phase adjacent to the 60-foot- monopole, as determined by the City in written notice to GTE, prepare and submit plans to redesign or replace the 60-foot-monopole and equipment building with a "stealth" architecturally integrated facility. Such redesign or replacement shall be a free standing monument sign, obelisk or other appropriate architectural feature that is integrated with the design of the marina and related development and screens views of the antennas. The applicant shall exercise best efforts to complete construction of the architecturally integrated facility concurrent with completion of the adjacent phase. The monopole and associated equipment building shall be removed at the applicant's sole expense within one month of operation of the replacement facility unless they have been architecturally integrated into the design of the new stealth facility. 10. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A, Case File Nos. CUP-1996-5/CDP-1996-4, dated 6/28/96. 11. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit-1996-5 are binding on all present and future interest holders or estate holders of the property. The Notice of Restriction shall be approved to as form by the City Attorney and signed by the Planning Director prior to recordation. 12. Use of the property as authorized by this Conditional Use Permit shall be limited to installation of a wireless communications facility consisting of a monopole and an equipment building as an incidental use of the property. 13. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. CONTINUED ON PAGE 5 Resolution No. Page 5 of 5 CONDITIONS OF APPROVAL FOR THE COASTAL DEVELOPMENT PERMIT 1. Conditional Use Permit-1996-5 must be approved before Coastal Development Permit- 1996-4 becomes valid. 2. All conditions of approval of Conditional Use Permit-1996-5 are applicable to this permit. 3. This permit shall become null and void in the event that Conditional Use Permit-1996-5 is no longer valid. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the City Council resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 15th day of April, 1997. GEORGE H. WATERS - MAYOR ATTEST: APPROVED AS TO FORM: GEORGE H. EISER, III - CITY ATTORNEY