HomeMy WebLinkAboutCC RESO 98-109RESOLUTION NO. 98-109
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS
COMMUNICATIONS FACILITY AT 2005 E. 4th STREET (EL TOYON PARK)
APPLICANT: GTE MOBILNET OF SAN DIEGO
CASE FILE NO.: CUP-1998-4
WHEREAS, the City Council of the City of National City considered a Conditional Use Permit
application for a wireless communications facility at 2005 E. 4th Street, at the regularly scheduled City
Council meeting of September 8, 1998 at which time oral and documentary evidence was presented;
and,
WHEREAS, at said public hearing the City Council considered the staff report prepared for Case
File No. CUP-1998-4 which is 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, this 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
September 8, 1998, support the following findings:
1. The site for the proposed use is adequate in size and shape, and sufficient area exists to
accommodate the proposed facility without reducing the net usable area of the park
grounds, since the proposed monopole will replace an existing light standard and the
proposed equipment building will be recessed into a sloped embankment unusable for
general recreation.
2. 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
access to the property is provided from U Avenue and the unmanned wireless
communications facility is expected to generate a minimal amount of additional traffic.
3. The proposed use will not have an adverse effect upon adjacent or abutting properties, since
the project involves only a negligible addition to established structures and construction of a
small building adequately separated and screened from views afforded adjacent properties.
4. The proposed use is deemed essential and desirable to the public convenience and welfare,
since the facility will enhance and/or augment the availability of wireless communication
channels.
CONTINUED ON PAGE 2
Resolution No.: 98-109.
Page: 2
BE IT FURTHER RESOLVED that the application is approved subject to the following
conditions:
1. A cost estimate shall be submitted along with development plans. A performance bond equal to
the approved cost estimate for all of the proposed grading and retaining wall work shall be
posted. Three percent of the estimated cost shall be deposited with the City as an initial cost for
plan checking and inspection services at the time the plans are submitted. The deposit is subject
to adjustment.
2. Development Plans submitted for Building Permits must conform with the 1994 Editions of the
Uniform Building Code, Uniform Mechanical Code, and Uniform Plumbing Code; and the 1993
Edition of the National Electrical Code.
3. Exterior walls of the proposed equipment building shall be treated with "Graffiti Melt Coating"
manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval
from the Building and Safety Director. Graffiti shall be removed within 24 hours of its
observance.
4. The path of any and all underground cables and utilities associated with the proposed facility
shall be modified as necessary to avoid conflict with any existing or future underground
facilities installed by the City. The applicant shall coordinate planning and installation of any
such underground facilities with the Parks and Recreation Department, the Public Works
Department and Sweetwater Authority as necessary per the respective determination of each
office.
5. The applicant shall provide the Public Works Department the opportunity to evaluate, repair
and/or replace the light fixture intended to be relocated to the proposed monopole at the time the
fixture is removed.
6. Permittee shall be granted non-exclusive right of ingress and egress, seven days a week, twenty-
four hours a day for the installation, maintenance, repair and upgrade of the facility. For all non-
scheduled, emergency visits, Permittee shall notify the Parks and Recreation Department
("Parks") of Permittee's site visit within two hours of such event. Permittee shall notify the
Parks at least four hours in advance of any routinely scheduled, non -emergency maintenance or
service to the facility for such visits that do not occur during normal park hours. Permittee will
provide Parks with a maintenance schedule if applicable.
7. The proposed equipment building shall be of masonry construction with stucco finish, painted
and roofed to match score shacks existing on site.
8. The proposed monopole shall have a non -reflective finish matching that of other light poles
existing in the park.
9. The permittee shall not object to co -locating additional facilities of other communication
companies and sharing the project site, provided such shared use does not result in substantial
technical or quality -of -service impairment for the permitted use. In the event a dispute arises
with regard to co -locating with other existing or potential users, the City may require a third
party technical study at the expense of either or both the applicant or 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.
Resolution No.: 98-109
Page: 3
10. If use of the equipment building, antennas and any other equipment authorized by this
Conditional Use Permit is discontinued for a period of six or more consecutive months, it shall
be removed by the applicant. This requirement shall not apply to the monopole, which shall be
maintained or replaced with a substitute suitable for supporting required light fixtures, per the
determination of the Director of Public Works.
11. 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 -Revised, Case File No.
CUP-1998-4, dated 06/22/98.
12. 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.
13. Use of the property as authorized by this Conditional Use Permit shall be limited to the
installation of a wireless communications facility consisting of a 97'-8" tall monopole
supporting 12 panel antennas and three whip antennas, and one 12' x 16' x 12'-8" equipment
building, as incidental use of the property.
14. 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 National City Municipal Code.
15. Before this Conditional Use Permit shall become effective, the applicant shall negotiate a City
Council approved lease agreement authorizing use of the property.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to
the applicant; and,
BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day
following the City Council meeting where the 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 September, 1998.
GEORGE II. WATERS, MAYOR
ATTEST:
MIC AEL R. DAL A, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY