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HomeMy WebLinkAboutReso 18-95, CUP-1995-4RESOLUTION NO. 18-95 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A CELLULAR COMMUNICATIONS FACILITY WITH A 65 FOOT HIGH MONOPOLE AT 12 N. EUCLID AVENUE. APPLICANT: AIRTOUCH CELLULAR CASE FILE NO.: CUP-1995-4 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a cellular communications facility with a 65 foot high monopole at 12 N. Euclid Avenue at the regularly scheduled Planning Commission meetings on August 7, August 21 and September 18, 1995, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. CUP-1995-4, which is maintained by the City and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; 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 Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on August 7, August 21 and September 18, 1995, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is sufficient area for a cellular equipment room within the existing building and a monopole in the rear of the building. 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 property has frontage on and access to Euclid Avenue and Division Street. The unmanned facility is expected to generate approximately one trip monthly for equipment inspection and/or repairs. Therefore, the project will not have any significant impact on traffic circulation in the area. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the equipment room is located within an enclosed building, and the monopole is separated from single-family residences to the north and west by a parking lot and 7 foot high solid block wall. Also, in accordance with Federal Communications Commission requirements, potential exposure to electromagnetic fields (EMFs) from cellular signals is below current safety standards. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide voice and data transmissions for cellular phones and paging systems used by the public. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. IS-1995-5, together with any comments received during the public review process, and finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. The project must comply with the 1991 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the 1990 National Electric Code, and State energy and handicap regulations. 2. Information regarding panel size, voltage and load calculations shall be provided to San Diego Gas and Electric if electrical service is required. 3. Graffiti resistant materials shall be applied to the monopole to a height of not less than 6 feet. Graffiti shall be removed within 24 hours of its observance. 4. The monopole shall be of a nonreflective, gray color to minimize visibility. 5. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A, Case File No. CUP-1995-4, dated 5/31/95. 6. Before this Conditional Use Permit shall become effective, the applicant 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 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 conditions imposed by approval of Conditional Use Permit-1995-4 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 Planning Director prior to recordation. 7. Use of the property as authorized by this Conditional Use Permit shall be limited to an unmanned cellular communications facility with a monopole not exceeding 65 feet in height. 8. 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 18.116.190 of the Municipal Code. 9. Plans shall be submitted for review and approval by the Planning Department showing the panel antennas enclosed within a radome. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 2, 1995, by the following vote: AYES: MARTINELLI, FLORES, LARGE, KNUTSON, BACA, GODSHALK, DETZER NAYS: ABSENT: ABSTAIN: z4j&�9—_ CHAIRMAN