HomeMy WebLinkAboutCC RESO 2015-169RESOLUTION NO. 2015 — 169
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS
COMMUNICATIONS FACILITY LOCATED AT 205 HIGHLAND AVENUE
WHEREAS, the City Council of the City of National City considered a Conditional
Use Permit for a wireless communications facility located at 205 Highland Avenue, at a duly
advertised public hearing held on November 3, 2015, at which time the City Council considered
evidence; and
WHEREAS, at said public hearing the City Council considered the staff report
provided for Case File No. 2015-02 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
November 3, 2015, 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
Minor Mixed -Use Corridor 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
wireless communications facilities are a conditionally -allowed use in the Minor Mixed -Use
Corridor zone.
3. That the site for the proposed use is adequate in size and shape, since the proposed
antennas and associated equipment are to be incorporated into an existing building and will
not increase the footprint of that building, thus not affecting parking or access.
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 12 antennas will be screened within an existing building, and as such will not be
visible from adjacent properties.
Resolution No. 2015 — 169
November 17, 2015
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6. 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. The proposal is a
new facility that includes the installation of new equipment and facilities in a small
structure, including the conversion of existing small structures from one use to another
where only minor modifications are made in the exterior of the structure.
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 205 Highland
Avenue. Except as required by conditions of approval, all plans submitted for permits
associated with the project shall conform with Exhibits B and C, Case File No. 2015-02
CUP, dated 7/20/2015. 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. 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.
3. Within four (4) days of approval, pursuant to 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 must comply with the 2013 edition of the California
Building, Electrical, Plumbing, Mechanical, Energy, and Codes.
6. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities.
Resolution No. 2015 — 169
November 17, 2015
Page Three
7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable
trenches.
8. 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
9. Plans submitted for improvements must comply with the current editions of the California
Fire Code (CFC) and National Fire Protection Association (NFPA).
10. Emergency Generator Shutdown procedures shall be posted in a conspicuous area on the
exterior of the emergency generator enclosure. The sign shall be clearly visible from the
public right-of-way. If the power source is inside a building and cannot be seen from the
public right-of-way, a sign shall be placed in a position that can be easily seen by
emergency personnel on foot.
11. A 704 emergency placard shall be posted at the site. The Sign shall be clearly visible from
the public right-of-way.
12. 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
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. If required, an approved SWPPP will be
required prior to issuing of a construction permit.
14. A National Pollutant Discharge Elimination System (NPDES) permit is required for
discharges of storm water run-off associated with construction greater than one acre of
activity where clearing, grading, and excavation results in a land disturbance. A
construction stormwater permit shall be obtained from the Regional Water Control
Board. A copy of the permit shall be given to the City of National City Engineering
Department prior to issuing of a construction permit.
15. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced. Specifically, sixteen (16) linear feet of gutter
along the driveway on East 2nd Street and approximately two hundred eighty (280)
square feet of sidewalk along East 2nd Street as marked out in the field.
Resolution No. 2015 —169
November 17, 2015
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Planning
16. All operations, including ongoing and temporary/maintenance activities shall conform to the
standards for noise emission as stated in Title 12 (Noise) of the National City Municipal
Code.
17. All appropriate and required local, state, and/or federal permits must be obtained prior to
operation of the wireless communications facility.
18. Any equipment visible to the exterior of the facility, including cable chases/trays, shall be
painted to match the surface on which it is mounted.
19. 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. The permittee did not apply for a colocation wireless communication
facility, and 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.
20. 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.
21. The facility shall provide site lighting at the rear of the property subject to approval by the
Planning Department. Lighting design shall be shown on plans submitted for construction
and shall comply with NCMC Section 18.46 — Outdoor Lighting.
22. Testing and/or maintenance activities involving operation of the emergency generator shall
only be conducted during daylight hours and subject to the limitations contained in Table III
of NCMC Section 12.06.040
23. Plans submitted for construction shall show a consistent architectural style and/or finish
along the northern elevation adjacent to East 2nd Street.
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.
[Signature Page to Follow]
Resolution No. 2015 — 169
November 17, 2015
Page Five
PASSED and ADOPTED this 17th day of November, 2015.
on Morrison, Mayor
ATTEST:
Michael R. DaIla, City Clerk
PPROVED S TO F2RM:
laudia Gaci
City Att9rney
Passed and adopted by the Council of the City of National City, California, on
November 17, 2015 by the following vote, to -wit:
Ayes: Councilmembers Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: Councilmember Cano.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
jr?CI rk of the City of
CityNational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-169 of the City of National City, California, passed and
adopted by the Council of said City on November 17, 2015.
City Clerk of the City of National City, California
By:
Deputy