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HomeMy WebLinkAboutCC RESO 2002 - 145RESOLUTION NO. 2002 — 145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY NEAR SWEETWATER THEATERS IN SWEETWATER TOWN AND COUNTRY SHOPPING CENTER APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2002-3 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a wireless communications facility near Sweetwater Theaters in Sweetwater Town and Country shopping center at the regularly scheduled City Council meeting of September 3, 2002, 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-2002-3 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 3, 2002, support the following findings: That the site for the proposed use is adequate in size and shape, since the facility will be constructed in an unused portion of an existing shopping center. 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 wireless facility is unmanned and will typically be visited only once a month for maintenance activities, and since the site can be accessed from Sweetwater Road, which is an arterial road. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the antennas will not be noticeable to passersby, and since the small equipment enclosure will be designed to match the nearby commercial buildings. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless communications network, resulting in enhanced service for its customers. Resolution No. 2002 — 145 September 17, 2002 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the construction of a wireless communications facility. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. CUP-2002-3, dated 6/25/2002. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 4. Exterior walls of buildings to a height of not less than 6 feet 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. Landscaping and irrigation systems disturbed or damaged during the construction of the wireless communications facility shall be replaced after construction is completed, subject to approval by the Planning Director. 6. 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. 7. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. The equipment building shall have a flat roof and a band of red tile to match the adjacent commercial building, Wunderland Arcade, in the center. 10. All equipment, antennas and facilities shall be continuously maintained so that the equipment and structures remain in good condition. Resolution No. 2002 — 145 September 17, 2002 Page Three 11. Before this Conditional Use Permit shall become effective, the applicant and the property owner both 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 the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 12. 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. 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 the Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 17th day of September, 2002. ATTEST: Mic . -1 R. Dalla, ity Clerk APPROVED AS TO FORM: gm: ir George H. Eiser, III City Attorney George H. aters, Mayor