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HomeMy WebLinkAboutCC RESO 2006-104RESOLUTION NO. 2006-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON THE A-AMERICAN SELF -STORAGE BUILDING AT 525 WEST 20TH STREET. APPLICANT: M&M TELCOM FOR CRICKET COMMUNICATIONS CASE FILE NO. CUP-2005-25 WHEREAS, the City Council considered a Conditional Use Permit application for a wireless communications facility on the A -American Self -Storage building at 525 West 20th Street at the regularly scheduled City Council meeting of May 16, 2006, 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-2005-25, 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 May 16, 2006, support the following findings: 1. That the site for the proposed wireless communications facility is adequate in size and shape, since the antennas and 170 square foot equipment storage area will be located within and on an existing 21,850 square -foot industrial building. 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 wireless facility is unmanned and will typically be visited only once a month for maintenance activities, and since the site can be accessed from a paved alley off West 20th Street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the bulk of the equipment will be located inside an existing building, and since the three small panel antennas located on the outside of the building will appear as small architectural features painted to match the building. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cricket Communications wireless communications network, resulting in enhanced service for its customers. Resolution No. 2006-104 June 20, 2006 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 525 West 20th Street. 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-2005-25, dated December 29, 2006. 2. Building plans shall include a note that the rooftop cable trays will be painted to match the roof of the building. 3. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 4. 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. 5. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 6. The property owner shall submit a letter to Sweetwater Authority (`Authority) stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 7. 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 8. 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. Resolution No. 2006-104 June 20, 2006 Page 3 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 20th day of June, 2006. /4401 Nick Inz nza, Mayor ATTEST: Mic . el Della ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on June 20, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Parra, Zarate. Nays: Natividad. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City CIrk of the Ci f t/National City, California ti By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-104 of the City of National City, California, passed and adopted by the Council of said City on June 20, 2006. City Clerk of the City of National City, California By: Deputy