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HomeMy WebLinkAboutCC RESO 2003 - 127RESOLUTION NO: 2003 — 127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON TOP OF AN OFFICE BUILDING AT 2005 HIGHLAND AVENUE APPLICANT: CINGULAR WIRELESS. CASE FILE NO. CUP-2003-4 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a wireless communications facility on top of an office building at 2005 Highland Avenue at the regularly scheduled City Council meeting of August 19, 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-2003-4 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 August 19, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 9,000 square foot office building has sufficient roof area to accommodate the proposed 196 square foot enclosure. 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 Highland Avenue, an arterial street with adequate capacity to handle the additional 1-2 vehicle trips per month generated by the unmanned wireless facility. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will assure that the proposed addition will appear similar to the existing building and be designed to completely screen the wireless antennas. 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. Resolution No. 2003 —127 September 2, 2003 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 at 2005 Highland Avenue. 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-2003-4, dated 5/15/03. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. 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. 3. Building plans shall show the enclosure completely screening the antennas, including any GPS antennas, and with an exterior and roof matching the office building. 4. Building plans shall show the roof access ladder being secure from unauthorized use. 5. No signage shall be placed on the roof enclosure. 6. All exposed conduit, cables, etc. from the facility shall be painted to match the building, located as needed to minimize its visibility. 7. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 8. 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. 9. The deteriorated portions of the street improvements (10' of sidewalk) along the property frontages shall be removed and replaced. 10. A permit shall be obtained from the Engineering Department for all work performed within the Public Right -of -Way. 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 Resolution No. 2003 — 127 September 2, 2003 Page Three 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 Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 2nd day of September, 2003. Nick '17nFfz !Mayor ATTEST: tudiff Mic el R. Dal City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney