HomeMy WebLinkAboutCC RESO 2006-07RESOLUTION NO. 2006 — 7
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT APPLICATION
FOR A WIRELESS COMMUNICATIONS FACILITY
ON THE NATIONAL CITY MIDDLE SCHOOL PROPERTY
AT 1701 D AVENUE
APPLICANT: NEXTEL COMMUNICATIONS
CASE FILE NO. CUP-2005-16
WHEREAS, the City Council of the City of National City considered a Conditional
Use Permit application for a wireless communications facility on the National City Middle School
property at 1701 "D" Avenue at the regularly scheduled City Council meeting of December 20,
2005, at which time oral and documentary evidence was presented; and
WHEREAS, at said public hearing the City Council considered the staff report
contained in Case File Nos. CUP-2005-16, 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, the 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 December 20, 2005, fail to support findings required by the Municipal
Code for granting a Conditional Use Permit, that the proposed use will not have an adverse
effect on adjacent or abutting properties, and that the proposed use is deemed essential and
desirable to the public convenience or welfare.
BE IT FURTHER RESOLVED that the testimony and evidence presented to the
City Council at the public hearing held on December 20, 2005, support the following finding:
1. That the proposed use will have an adverse aesthetic effect upon adjacent or
abutting properties, since it will not blend in appropriately with surrounding
development.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional
Use Permit application No. CUP-2005-16.
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.
-- Signature Page to Follow --
Resolution No. 2006 — 7
January 17, 2006
Page 2
PASSED and ADOPTED this 17th day of January, 2006.
ATTEST:
A
Mic Gael R. Da a, ity Clerk
APPROVED AS TO FORM:
Georg�ser, III
City Attorney
Yatt`�Li-
F" lr/)111S.
Nick Inztfiza, Mayor
Passed and adopted by the Council of the City of National City, California, on January
17, 2006, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
N,
City CI6rk of the City of#National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-7 of the City of National City, California, passed and adopted
by the Council of said City on January 17, 2006.
City Clerk of the City of National City, California
By:
Deputy