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HomeMy WebLinkAboutCC RESO 2016-28RESOLUTION NO. 2016 — 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 1320 HIGHLAND AVENUE CASE FILE NO. 2015-24 CUP APN: 560-410-03 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility at 1320 Highland Avenue at a duly advertised public hearing held on February 16, 2016, 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. 2015-24 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 law 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 February 16, 2016, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 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, because the use is allowable within the Major Mixed Use District zone pursuant to a Conditional Use Permit, the proposed facility meets the required telecommunication facility design guidelines, including the applicant making a good faith effort in achieving colocation, the facility providing the minimum distance requirement from habitable space, and the facility is sensitively designed to minimize visual impacts. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because General Plan Policy E-3.3 encourages access to wireless internet connections, computers, and other forms of communication technology, and the proposed telecommunications facility provides internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally -permitted use in Major Mixed Use District zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the 45-foot artificial pine tree and required landscaping will adequately screen the facility. Furthermore, the eight foot block wall and required landscaping will provide adequate screening of the equipment from adjacent properties. Future development is unlikely to be impacted because the only neighboring property likely to be developable is the same owner as the subject property. Resolution No. 2016 — 28 Page Two March 1, 2016 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the site is suitable for the proposed telecommunication facility because the use has no minimum lot size or density requirements, and the facility would only utilize 467 square -feet of the mostly level, 10,356 square -foot lot. Furthermore, the lot has access from Kimball Way and access to all necessary utilities. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed facility will not be highly visible because the 45-foot artificial pine tree and associated equipment will be adequately screened from adjacent properties. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be 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 Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a wireless communications facility on a vacant parcel on Kimball Way identified by Assessor Parcel Number 560-410-03. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A" and "B", Case File No. 2015-24 CUP, dated October 5, 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. Resolution No. 2016 — 28 Page Three March 1, 2016 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 Fire Codes. 6. Call (800) 227-2600 (Underground Service Alert) for mark -out prior to any digging activities. 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 Tess 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. 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. All required signage shall be designed and installed to the Fire Department's specifications. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work. Engineering 12. 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. 13. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan ("SUSMP") Best Management Practice ("BMP") for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any trading construction on private property. Resolution No. 2016 — 28 Page Four March 1, 2016 15. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 16. Plans are incomplete. Plans submitted for permits must show the existing fire hydrant and valves where the proposed 200 amperage electrical meter and pad are proposed. 17. The "no parking" zone (red curbing) provided along the property frontage shall be repainted. Planning 18. 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. 19. All appropriate and required local, state, and/or federal permits must be obtained prior to operation of the wireless communications facility. 20. 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. 21. Plans submitted for building permits shall include landscape and irrigation plans that provide screening trees of a minimum 36" box size and minimum 15-gallon shrubs in a number sufficient to screen the facility as determined by the Planning Department. The trees shall be tall enough at planting to screen the wall of the compound. 22. 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. 23. 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. 24. In the event that the property is developed, the facility shall be incorporated into the new development subject to design requirements for wireless communications facilities applicable at that time, relocated offsite, or decommissioned. 25. 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 Resolution No. 2016 — 28 Page March 1, 2016 27. Plans submitted for construction shall show additional screening of the antennas to the satisfaction of the Planning Department. Screening shall include additional branches and "antenna socks" to screen the antennas. 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 1st day of March, 2016. ATTEST: Ac Michael R. Dalla, Cit Clerk PPROVED AS TO FOR C audia Gaci City Attorney a Silva Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on March 1, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /� City CI rk of the City of N tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-28 of the City of National City, California, passed and adopted by the Council of said City on March 1, 2016. City Clerk of the City of National City, California By: Deputy