HomeMy WebLinkAboutCC RESO 2006-83RESOLUTION 2006 — 83
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT APPLICATION
FOR A WIRELESS COMMUNICATIONS FACILITY ON
SWEETWATER UNION HIGH SCHOOL PROPERTY
AT 2900 HIGHLAND AVENUE
APPLICANT:. CINGULAR WIRELESS
CASE FILE NO. CUP-2005-12
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for a wireless communications facility on the Sweetwater
Union High School property at 2900 Highland Avenue at duly advertised public hearings held on
October 17 and December 5, 2005, at which time oral and documentary evidence was
presented; and
WHEREAS, the City Council considered the Conditional Use Permit application
(CUP-2005-12) at public hearings held on January 17, February 21, March 21, and April 18,
2006, at which time oral and documentary evidence was presented; and
WHEREAS, at said public hearings the Planning Commission and City Council
considered the staff report contained in Case File Nos. CUP-2005-12 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 that the testimony and evidence presented to the City Council at the public
hearings held on January 17, February 21, March 21, and April 18, 2006, fail to support the
findings required by the National City Municipal Code for granting a Conditional Use Permit,
since the proposed use will have an adverse effect on adjacent or abutting properties, and the
proposed use is not deemed essential and desirable to the public convenience or welfare.
BE IT FURTHER RESOLVED by the City Council that the testimony and
evidence presented to City Council at the public hearings held on January 17, February 21,
March 21, and April 18, 2006, support the following findings for denial of the Conditional Use
Permit:
1. The proposed use is not deemed essential and desirable to the public
convenience or welfare of the community. In spite of requests from the City
Council for a School Board member to appear at the hearing, no Board member
appeared before the City Council. The City Council obtained a copy of the
minutes of the meeting at which the School Board approved this wireless facility.
Those minutes indicate that one Board member voted against the approval of this
facility. The reason that the Board member did not support the project has not
been made a part of the record.
Resolution No. 2006 — 83
May 2, 2006
Page 2
2. The proposed use will have an adverse effect on adjacent or abutting properties
since the proposed location of the wireless facility on a public school site is
directly adjacent to a single-family residential neighborhood. The proposed
facility is also located along side a set of bleachers that are a part of the track
and field facility on campus. The close proximity to these two areas has been
determined to have an adverse effect.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional
Use Permit Application No. CUP-2005-12.
BE IT FURTHER RESOLVED that this denial is without prejudice to the applicant
to re -apply for a Conditional Use Permit within one year of the date of adoption of this
resolution.
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 May, 2006.
Nic
ATTEST:
4
Mich =el Dalla, i � Clerk
APPROVED AS TO FORM:
George H. Eiser, ID
City Attorney
Inzunza, Mayor
Passed and adopted by the Council of the City of National City, California, on May 2,
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 Natio
I City, California
City lerk of the ity of j ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-83 of the City of National City, California, passed and adopted
by the Council of said City on May 2, 2006.
City Clerk of the City of National City, California
By:
Deputy