HomeMy WebLinkAboutCC RESO 2008-22RESOLUTION NO. 2008 — 22
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT
FOR A WIRELESS COMMUNICATIONS FACILITY
AT PLAZA DONUTS AT 1548 HIGHLAND AVENUE
(APN: 560-131-19)
APPLICANT: SPRINT NEXTEL
CASE FILE NO. 2007-20 CUP
WHEREAS, the appeal to the City Council of the Planning Commission's denial
of a Conditional Use Permit application (2007-20 CUP) for a wireless communications facility at
Plaza Donuts located at 1548 Highland Avenue was considered by the City Council of the City
of National City at a public hearing held on January 22, 2008, 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 No. 2007-20 CUP maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law 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 January 22, 2008, 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 the City Council at the public hearing held on January
22, 2008, supports the following findings:
1. That the proposed use will have an adverse effect upon the existing use by limiting
access to the building for deliveries because the proposed project would relocate
parking for the tenant including the loading area, other adequate parking within close
proximity to the loading dock is not available, and the overall parking would be reduced
and negatively impacted due to the reconfiguration because loading and deliveries
would occur in the parking lot area, blocking traffic flow and parking access.
2. That the close proximity of the equipment shelter to the rear door of the building (within
10 feet) will create constant noise and vibration which will be detrimental to the
operation of the donut shop and the comfort of the patrons since the door is frequently
open to allow for necessary ventilation.
3. The relocation of the trash enclosure closer to the rear door would create the potential
for negative odors to enter the food service facility.
Resolution No. 2008 — 22
February 5, 2008
Page 2
4. The installation of the wireless facilities and the improvements to the site will necessitate
the existing tenant to discontinue operation for an unspecified period of time which
would be detrimental to the small business owner, would severely impact the ability to
continue operation, and an unused building may attract criminal activity.
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 for a use not in furtherance of General Plan goals.
6. The proposed use has not been determined to be essential and desirable to the public
convenience or welfare because it has been documented that only one other site was
explored and other sites that would provide comparable service coverage have not been
adequately explored.
BE IT FURTHER RESOLVED that the City Council denies Conditional Use
Permit Application No. 2007-20 CUP.
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 govemed by the provisions of
Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 5th day of February, 2
/
ATTEST:
4'
Michael R. Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ron Morrison, Mayor
Passed and adopted by the Council of the City of National City, Califomia, on February
5, 2008 by the following vote, to -wit:
Ayes: Councilmembers Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: Morrison.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
1L41
City of the City of Mational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-22 of the City of National City, Califomia, passed and adopted
by the Council of said City on February 5, 2008.
City Clerk of the City of National City, California
By:
Deputy