Loading...
HomeMy WebLinkAboutCC RESO 2005 - 216RESOLUTION NO. 2005 — 216 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A WIRELESS COMMUNICATIONS FACILITY AT 1439 TIDELANDS AVENUE APPLICANT: WFI FOR CINGULAR WIRELESS CASE FILE NO. CUP-2005-9 WHEREAS, the City Council considered a Conditional Use Permit application to construct a wireless communications facility at 1439 Tidelands Avenue at the regularly scheduled City Council meeting of September 20, 2005, 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-2005-9, and 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 that the testimony and evidence presented to the City Council at the public hearing held on September 20, 2005, support the following findings: 1. That the site for the proposed use is adequate in size and shape since the facility, including the mono -palm and shelter (330 square -feet), can easily be accommodated on the .40 acre site, and will not affect surrounding existing uses. 2. That the site has sufficient access to streetsand highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have anadverse effect upon adjacent or abutting properties since the 50-foot artificial palm tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate screening of the equipment shelter from adjacent properties. 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. 5. That the proposed project is consistent with and implements the Certied Local Coastal Program since the proposed stealth wireless facility is a conditional allowed use in the MM- CZ zone and will not prohibit coastal access or obstruct views. Resolution No. 2005 — 216 October 4, 2005 Page 2 BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at 1439 Tidelands except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. CUP 2005-09, dated April 25, 2005. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. All wiring and cables between the equipment shelter and the artificial palm tree and antennas shall be placed underground. 3. 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 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. 4. Any antennas, equipment or facilities that are abandoned, decommissioned or become obsolete shall be removed. 5. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 9. The applicant shall submit a detailed landscape and irrigation plan indicating the use of drought tolerant plant species and water conserving irrigation devices. The plan shall include a minimum of two 25-foot tall palm trees of a species similar to the mono -palm. The dead/dying and non-existent landscape areas on -site shall be re -planted to the satisfaction of the Planning Director. 10. The landscape and irrigation plan shall include the entire parcel on which the wireless facility is to be located. Resolution No. 2005 — 216 October 4, 2005 Page 3 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. 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 4th day of October, 2005. n uayor ATTEST: A Michael R. Dalla / ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney