HomeMy WebLinkAboutCC RESO 2016-39RESOLUTION NO. 2016 — 39
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR
A WIRELESS COMMUNICATIONS FACILITY TO
BE LOCATED AT 116 NATIONAL CITY BOULEVARD
APPLICANT: PLANCOM, INC., FOR VERIZON WIRELESS
CASE FILE NO. 2015-15 CUP
APN: 555-020-14
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit ("CUP") for a wireless communications facility to be located at 116
National City Boulevard at duly advertised public hearings held on November 3, 2015 and
March 1, 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. 2015-15 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 hearings held on
November 3, 2015 and March 1, 2016, support the following findings:
RECOMMENDED 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 a wireless communications facility is a conditionally -permitted use in
Development Zone 1A of the Downtown Specific Plan Area.
2. That the proposed use is consistent with the General Plan and any applicable specific
plans, because Policy E-3.3 of the General Plan is to increase access to wireless
internet connections, computers, and other forms of communication technology, and
because wireless communications facilities are a conditionally -allowed use in
Development Zone 1A of the Downtown Specific Plan Area.
3. That the site for the proposed use is adequate in size and shape, because the facility,
including the faux palm tree and equipment shelter (364 square feet), can easily be
accommodated on the 5,750 square -foot site, and will not affect surrounding existing uses.
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,
because 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.
Resolution No. 2016 — 39
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March 15, 2016
5. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
because the 50-foot artificial palm tree will adequately screen the twelve panel antennas,
and because the equipment shelter will blend in with adjacent commercial development.
6. That the proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA), because 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 Conditional Use Permit is
approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes a wireless communications facility at 116 National
City Boulevard. Except as required by conditions of approval, all plans submitted for
permits associated with the project shall conform with Exhibits A -Revised and B-Revised
(a), dated December 15, 2015, Case File No. 2015-15 CUP. 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 Section 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.
Resolution No. 2016 — 39
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March 15, 2016
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. 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 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 a project site is submitted
for review to City Departments. 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.
14. 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.
Resolution No. 2016 — 39
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March 15, 2016
Planning
16. 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 National City Municipal Code Section 12.06.040
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. 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. 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, or decommissioned.
22. A detailed landscape and automatic, below grade irrigation plan, including plant species,
sizes of plant material, methods of planting, etc., shall be submitted prior to issuance of
building permits for review and approval by the Planning Department. The landscape plan
shall include a minimum of three live palm trees (Washington filifera or robusta) with a
minimum brown trunk height of 26 feet, or a height sufficient to ensure a minimum mature
of 50 feet within 5 years. The palms shall be continually maintained in a healthy condition
and shall be removed and replaced in the event they should expire.
23. All Code violations (e.g., non -permitted construction, lack of appropriate business license)
shall be resolved prior to issuance of building permits.
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. 2016 — 39
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March 15, 2016
PASSED and ADOPTED this 15th day of March, 2016.
on Morrison, Mayor
ATTEST:
Michael R. Dalla, Clty Clerk
ROVED AS TO FORM:
dia Gacitua Silva
City Attorney
Passed and adopted by the Council of the City of National City, California, on March 15,
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 Tonal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-39 of the City of National City, California, passed and adopted
by the Council of said City on March 15, 2016.
City Clerk of the City of National City, California
By:
Deputy