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HomeMy WebLinkAboutCC RESO 2003 - 72RESOLUTION NO. 2003 — 7 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT THE THRIFTY -WASH LAUNDROMAT AT 2415 EAST 18TH STREET, WITH A VARIANCE TO ALLOW CONSTRUCTION WITHIN THE REQUIRED FRONT AND SIDE YARD SETBACKS APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2002-13/Z-2003-3 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a wireless communications facility at the Thrifty -Wash Laundromat at 2415 East 18th Street, with a Variance to allow construction within the required front and side yard setbacks at the regularly scheduled City Council meeting of May 20, 2003, 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-2002-13/Z-2003-3 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 May 20, 2003, 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 the 11,500 square foot project site has sufficient area to locate the light poles and panel antennas, and the existing storage room in the laundromat building is large enough for the equipment necessary to operate the facility. 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 is served by Euclid Avenue and EAST 181h Street, and the wireless facility requires only one to two maintenance visits each month. RESOLUTION NO. 2003 — 72 June 3, 2003 Page Two 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed lighting will enhance safety and security at the poorly lit parking lot, and since conditions of approval require the lighting to be turned off when businesses in the Laundromat building are closed. 4. 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. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since Code restrictions on locating wireless facilities in residential areas, and the lack of sufficiently tall structures in the area on which to place antennas, creates a difficulty for wireless providers to obtain necessary coverage. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the proposed light standards will maintain a setback similar to existing structures in the same zone; and since they are organized in such a way as to minimize potential conflicts with adjacent residences while providing security to the parking area; and since the Land Use Code requires outdoor lighting to be directed to only illuminate the premises upon which it is located. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the proposed wireless facility concealed in light standards is an accessory use of the site that is permitted with the requested CUP in the CL (Limited Commercial) zone. RESOLUTION NO. 2003 — 72 June 3, 2003 Page Three BE IT FURTHER RESOLVED that the applications are approved subject to the following conditions: 1. This Conditional Use Permit and Variance authorize the construction of a wireless communications facility at 2415 East 18th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A", 2nd Revision, Case File No. CUP-2002- 13/Z-2003-3, dated February 10, 2003. Additional antennas may be approved by the City Council if found to substantially conform with the design for installation shown on these plans. 2. Prior to the issuance of building permits, evidence shall be submitted to the Planning Department that the two parcels which comprise the project site have been legally merged (APNs 558-190-20 and 22).. 3. All proposed rooftop mechanical equipment shall be completely screened in accordance with Land Use Code requirements. 4. Timers shall be installed to assure the lights only illuminate the parking lot during the hours of operation for businesses in the laundromat building. 5. 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. 6. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 8. The deteriorated portions of the street improvements (20' of sidewalk) along the property frontages shall be removed and replaced. 9. The existing drainage system on the property shall be cleaned out and repaired as necessary. RESOLUTION NO. 2003 — 72 June 3, 2003 Page Four 10. Before this Conditional Use Permit and Variance 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 and Variance. 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 and Variance 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. 11. 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 18.1 16.190 of the Municipal Code. 12. The applicant shall paint and maintain the Laundromat building and all on -site fencing. Exterior walls of the building and fencing, 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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 3`d day of June ATTEST: 4 Mic ael Dalla, y Clerk Nick Inzunz'a,, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney