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HomeMy WebLinkAboutCC RESO 2011-102RESOLUTION NO. 2011 — 102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2005 HIGHLAND AVENUE CASE FILE NO. 2010-31 CUP WHEREAS, the City Council considered a Conditional Use Permit for a wireless communications facility at 2005 Highland Avenue (APN 561-271-01) at a duly advertised public hearing held on May 3, 2011, 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. 2010-31 CUP, maintained by the City, and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City laws; 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 May 3, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed antennas would be incorporated into a mono -palm, and the associated equipment would be inside an existing structure, thus not affecting parking or access. 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 unstaffed wireless communications facility requires only one to two trips each month for routine maintenance, which can easily be accommodated by the adjacent streets. 3. That the proposed use would not have an adverse effect upon adjacent or abutting properties, since antennas and associated equipment would be housed on a mono -palm approximately 35 feet above the ground, located at the rear of the site, and additional landscaping would be added to blend the mono -palm with the character of the surrounding community. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it would improve the performance of the wireless network, resulting in enhanced service for National City customers. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: GENERAL 1. The Conditional Use Permit authorizes a wireless communications facility at 2005 Highland Avenue, National City. Except as required by the Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit "C", Case File No. 2010-31 CUP, dated February 17, 2011. Any additional antennas must substantially conform to the design for installation shown on these plans. Resolution No. 2011 — 102 May 17, 2011 Page Two 2. Within four (4) days of approval, pursuant to Fish and Game Code Section 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division of the Development Services Department ("Planning Division"). 3. The permit shall become null and void if not exercised within one year after adoption of this Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the National City Municipal Code. 4. The permit shall expire if the use authorized by this Resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the National City Land Use Code, if discontinued for any lesser period of time. 5. Before the Conditional Use Permit shall become effective, both the applicant and the property owner shall sign and have notarized an Acceptance Form, which shall be provided by the Planning Division, 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 Development Services 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 the 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 Development Services Director prior to recordation. BUILDING 1. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 2. Prior to any digging activities, call 1-800-227-2600 (Underground Service Alert) for the mark out of utilities. 3. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 4. Exterior walls of accessible poles/walls to a height of not less than six feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. FIRE 1. The project shall be built in compliance with the 2010 edition of the California Fire Code and the 2010 edition of the National Fire Protection Association ("NFPA"). Resolution No. 2011 — 102 May 17, 2011 Page Three 2. A rough inspection of all work is required prior to closure of walls and/or ceilings. All rough work shall be visible at time of inspection. 3. Any request for inspection shall be made at least 48 hours in advance. Inspection shall be made once work is complete, using approved and stamped plans. The contractor shall have all approved plans on site. 4. During construction, the project shall strictly follow Chapter 14 of the California Fire Code, "Fire Safety During Construction, Alteration or Demolition of a Building". 5. All emergency/hazard signage shall be installed as required by the applicable fire codes. PLANNING 1. All appropriate and required local, state, and/or federal permits must be obtained prior to operation of the wireless communications facility. 2. Building plans shall indicate that all antennas, equipment, wiring, conduit or any other exposed equipment shall be painted to match the color of the surface upon which it is installed (e.g., building face, wall, roof, etc.) to the satisfaction of the Planning Division. 3. 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. 4. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned or become obsolete within six (6) months of discontinuance. 5. A detailed landscape and automatic, below grade irrigation plan, including plant species, size of plant materials, methods of planting, etc., shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The landscape plan shall include a minimum of three (3) live palm trees (Mexican fan palm) with a minimum brown trunk height of 26 feet. The required palm trees shall be maintained in good health and appearance for the life of the approved wireless facility. 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. -- Signature Page to Follow -- Resolution No. 2011 — 102 May17, 2011 Page Four PASSED and ADOPTED this 17th day of May, ATTEST: Michael R. Dal , City Clerk PROVED AS TO FORM;,— ly udia G. Sil ity Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on May 17, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California a City'Clerk of the Citlof National City, California By: Deputy 1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-102 of the City of National City, California, passed and adopted by the Council of said City on May 17, 2011. City Clerk of the City of National City, California By: Deputy