HomeMy WebLinkAboutReso 7-99, CUP-1999-5RESOLUTION NO. 7-99
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A WIRELESS COMMUNICATIONS FACILITY
ON A VACANT LOT EAST OF
801 NATIONAL CITY BOULVARD
APPLICANT: AT&T WIRELESS
CASE FILE NO. CUP-1999-5
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for a wireless communications facility at 801 National City
Boulevard at a duly advertised public hearing held on September 20, 1999 at which time oral
and documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff report
contained in Case File No. CUP-1999-5, which is maintained by the City and incorporated herein
by reference along with evidence and testimony 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 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 hearing held on September 20, 1999 support the following findings:
1. That the site for the proposed use is adequate in size and shape, since sufficient space exists
on the rooftop and exterior walls to accommodate the proposed equipment.
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
access to the property is provided along E. 8th Street and the unmanned communications
facility is expected to generate a minimal amount of additional traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the project involves only installation of screened equipment cabinets and small
antennas, painted to minimize visual impacts and installed at a considerable height above
normal street level perspectives, in a commercial zone.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since the facility will enhance and/or augment the availability of wireless
communication channels.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
1. Plans submitted for Building Permits must conform with the 1998 California Building,
Plumbing, Electrical, Mechanical and Energy Codes.
2. The proposed antennas and equipment cabinets shall be painted a non -reflective color
matching that of the surface to which they are attached.
3. 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
parry technical study at the expense of either or both the applicant or 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.
4. Prior to issuance of building permits, the applicant shall submit a report, prepared by an
engineer, which quantifies the project's radio frequency exposures and compares them to FCC
adopted standards.
5. Antennas and equipment authorized by this Conditional Use Permit shall be removed by the
applicant upon discontinued use for a period of six or more consecutive months.
6. Use of the property as authorized by this Conditional Use Permit shall be limited to the
installation of wireless communications antennas and associated equipment, installed in
conformance with Exhibit A -Revised, Case File No. CUP-1999-5, dated 08/05/99.
7. Before this Conditional Use Permit shall become effective, the applicant and property owner
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.
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 National City Municipal Code.
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.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of October
4, 1999, by the following vote:
AYES: UNGAB, LARGE, VALDERRAMA, GODSHALK, PARRA, MARTINELLI
NAYS:
ABSENT: DETZER
ABSTAIN: