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HomeMy WebLinkAboutCC RESO 2014-130RESOLUTION NO. 2014 — 130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECISION ON THE APPEAL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT TO MODIFY THE DECISION OF THE PLANNING COMMISSION BY GRANTING THE CONDITIONAL USE PERMIT AND IMPOSING ADDITIONAL CONDITIONS FOR A WIRELESS COMMUNICATIONS FACILITY AT SWEETWATER HEIGHTS PARK LOCATED AT 3820 CAGLE STREET WHEREAS, the Planning Commission considered a Conditional Use Permit for a wireless communications facility located at 3820 Cagle Street, at a duly advertised public hearing held on March 3, 2014, at which time oral and documentary evidence was presented; and WHEREAS, the Planning Commission denied said Conditional Use Permit at their meeting of March 17, 2014; and WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council on April 1, 2014; and WHEREAS, the City Council considered the appeal at duly advertised public hearings held on May 6 and August 19, 2014, at which time the City Council considered evidence; and WHEREAS, at said public hearings, the City Council considered the staff report provided for Case File No. 2014-01 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on August 19, 2014, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a conditional use permit and complies with all other applicable provisions of the Land Use Code, since a wireless communications facility is a conditionally -permitted use in the OS zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since Policy E-3.3 of the General Plan is to increase access to wireless internet connections, computers, and other forms of communication technology, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since the facility, including the artificial pine tree and shelter (408 square feet), can easily be accommodated on the 2.35-acre site, and will not affect surrounding existing uses. Resolution No. 2014 — 130 Page Two September 2, 2014 4. 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 unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 45-foot artificial pine tree will adequately screen the twelve panel antennas, and since the partially underground nature and landscaping on -site will provide adequate screening of the equipment shelter from adjacent properties. 6. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 7. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: GENERAL 1. This Conditional Use Permit authorizes a wireless communications facility at 3820 Cagle Street to replace and accommodate the existing Sprint artificial palm tree. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "B", Case File No. 2014-01 CUP, dated August 20, 2014. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. 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 Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County of San Diego. 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 Executive Director prior to recordation. Resolution No. 2014 — 130 Page Three September 2, 2014 3. Within four (4) days of approval, pursuant to California Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. 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 18.12.040 of the Municipal Code. BUILDING 5. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. FIRE 6. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 7. Emergency Shutdown procedures shall be posted in conspicuous area of emergency generator "EMERGENCY POWER". All Emergency Power signs shall be of .080 gauge aluminum. All signs shall be 10 inches wide and 12 inches long. All signs shall have Type IV high intensity prismatic sheeting (H.I.P.), reflective in nature. Protective overlay film shall be required on sign (P.O.F.). Color of sign shall be white background with black letters. Sign shall describe all additional power shutdowns in clear map form. Map shall describe present position ("You Are Here"). • White background with black letters. • Signage letter height — "Emergency Power" — shall be two inches tall. • Sign shall be clearly visible from the street. If the power source is inside of the building and cannot be seen from the street, a sign shall be placed in a position that can be easily seen by emergency personnel on foot. • Please contact the National City Fire Department for requirements. A detailed plan shall be submitted to the Fire Marshal for approval and final field placement. 8. A 704 diamond shall be placed in conspicuous area to identify fuel and battery hazards. 9. Fire department access roads shall meet the requirements of the California Fire Code (current edition) Chapter 5 and Appendix D and 503.1.1 Access Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department. Resolution No. 2014 —130 Page Four September 2, 2014 apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75, 0000 pounds. Fire Department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING -FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 10. Roads or alleys 20 to 26 feet in wide shall be posted on both sides as fire lanes. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. ENGINEERING 12. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when project plans are submitted for review. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 13. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. UTILITIES 15. Prior to any construction or grading activities, the applicant shall coordinate with all utilities and City Departments with infrastructure in the area to ensure protection of any existing utility services. 16. Call (800) 227-2600 (Underground Service Alert) for mark out prior to any digging activities. PLANNING 17. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. Resolution No. 2014 — 130 Page Five September 2, 2014 18. All exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 19. Exterior walls of buildings/poles to a height of not less than six feet (6') 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. 20. A landscaping and underground irrigation plan shall be submitted as part of the Building Permit submittal showing planting that screens the entire exposed height of the equipment shelter as visible from Cagle Street. 21. 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 and 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. 22. 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. 23. Provide sod and irrigation between the existing fence and the sidewalk where there is currently a dirt patch. 24. Install a stamped concrete driveway over the dirt "driveway" area created by the technicians driving over the sidewalk. No curb cut to be provided. 25. Locking bollards to be placed across the driveway to keep non -park and wireless technicians from driving into the park. 26. The existing fence to be extended to the east to the edge of the driveway with older section to be removed. 27. Mulch to be provided along the northeastern property line between the existing fence and the basketball court. 28. Remove the existing dead palm tree and the existing dead pine tree. 29. Provide two (2) pine trees toward the southeastern corner of the park, in front of the existing tree stump, and fix irrigation in this area. Provide new concrete mow strip to connect to existing and to existing Sprint tree and mulch in this lower area. 30. Grind the existing tree stump. 31. Remove the graffiti from the existing power box near the driveway. Resolution No. 2014 —130 Page Six September 2, 2014 32. Repair and replace existing broken section(s) of concrete sport court and resurface entire area per City of National City standards. 33. Install two (2) picnic tables on new concrete slab. One (1) of the tables will be ADA accessible. 34. Install one (1) motion detection light and one (1) motion detection camera to help deter illicit activity behind the Sprint PCS equipment shelter. Verizon Wireless will not provide monitoring of the security camera. The City will have access to the camera's recordings on request. 35. Verizon Wireless will pay a $20,000 park impact fee to be used for park improvements that the City deems necessary. The park impact fee should be included in the lease agreement with the City. Verizon Wireless will not be responsible for how and when these funds are allocated by the City. 36. Prior to the park improvements listed in conditions 23 to 34 being undertaken, staff shall work with community members via a workshop or other forum to solicit comments and ideas related to implementation of said improvements. 37. Landscaping shall be installed per CPTED (Crime Prevention Through Environmental Design) standards. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 2nd day of Septe ' .er 2014. on Morrison, Mayor ATTEST: ����.t�C•av' n /UK.GCt� Mich R. Dalla City y Clerk A^PROVED AS TO FORM: u:ia GSilva City Attorn Passed and adopted by the Council of the City of National City, California, on September 2, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ii n Jerk of the City o City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-130 of the City of National City, California, passed and adopted by the Council of said City on September 2, 2014. City Clerk of the City of National City, California By: Deputy