HomeMy WebLinkAboutCC RESO 2007-22RESOLUTION NO. 2007 — 22
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT APPLICATION
FOR A WIRELESS COMMUNICATIONS FACILITY
AT 1526 EAST 18TH STREET.
APPLICANT: T-MOBILE USA
CASE FILE NO. CUP-2006-10
WHEREAS, the City Council considered a Conditional Use Permit application for
a wireless communications facility at 1526 East 18`h Street (APN 561-222-23) at the regularly
scheduled meeting of February 6, 2007, 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-2006-10 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 hearing
held on February 6, 2007, fail to support findings required by the Municipal Code for granting
any 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 by the City Council of the City of National City that
the testimony and evidence presented to City Council at the public hearing held on February 6,
2007, support the following findings:
1. That the site would have an adverse effect on adjacent properties since the proposed
45-foot tall antenna support structure would be situated within 15-feet from adjacent
residential uses and the close proximity of the structure and equipment to the adjacent
residences would impact the residential nature of the adjacent community.
2. That the site for the proposed antenna support structure and equipment enclosure is not
adequate in size and shape, since the 300 square -foot fenced area for the equipment
enclosure would remove an area available for landscaping and it would be located two feet
from the southern property line adjacent to residential uses.
3. That the proposed use will have an adverse effect upon adjacent or abutting properties
since the 45-foot tall antenna support structure in the form of a pine tree with twelve
panel antennas would have an artificial appearance and would not blend with the nearby
mature landscaping.
4. The proposed use has not been determined to be essential and desirable to the public
convenience or welfare since it has not been documented that other sites have been
explored that would provide comparable service.
Resolution No. 2007 — 22
February 20, 2007
Page 2
5. The proposed use may limit the opportunity for future redevelopment of the site by
restricting the area available for site improvements since a portion of the site would be
committed to a long-term lease.
6. That the proposed use will have an adverse effect upon adjacent or abutting properties
since the 45-foot tall antenna support structure would interfere with views from nearby
residences.
7. That the proposed use will have an adverse effect upon adjacent or abutting properties
since the wireless communications facility may reduce property values in the area.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional Use
Permit application no. CUP-2006-10.
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 Febr 007.
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ATTEST:
Mic ael R. Dal a, ity Clerk
APPROVED AS TO FORM:
George H."Eiser, III
City Attorney
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
February 20, 2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
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City Clerk of the City jIf National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-22 of the City of National City, California, passed and adopted
by the Council of said City on February 20, 2007.
City Clerk of the City of National City, California
By:
Deputy