HomeMy WebLinkAboutReso 14-2000, CUP-2000-9RESOLUTION NO. 14-2000
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT TO ALLOW
A WIRELESS COMMUNICATIONS FACILITY
AT 111 W. 9TH STREET.
APPLICANT: TIM KOLSET, WFI.
CASE FILE NO. CUP-2000-9
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application to allow a wireless communications facility at 111 W. 9th
Street at a duly advertised public hearing held on June 19, 2000, 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-2000-9 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 June 19, 2000, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since antennas will
be located on an existing structure, and mechanical equipment will be placed inside
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 unmanned wireless facility is located at the intersection of a collector
and a local street, and will generate little new traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the proposed antennas will be either concealed behind parapets or
integrated with the exterior of the parapets, and will not be obvious from nearby
properties.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since the facility will enhance 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 with any application for a building permit must comply with the
1998 California Building, Electrical, and Mechanical Codes.
2. Except as required by conditions of approval, plans for future permits shall be
submitted for review and approval by the Planning Director in conformance with
Exhibit A-2nd Revision, Case File No. CUP-2000-9, dated June 9, 2000.
3. 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 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 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.
4. Use authorized by this Conditional Use Permit shall be limited to wireless
communication facilities in accordance with Exhibit A- 2nd Revision, Case File No.
CUP-2000-9, dated June 9, 2000.
5. 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.
6. 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 the applicant and/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.
7. Any antennas, equipment or facilities that become obsolete shall be removed.
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 July 17,
2000, by the following vote:
AYES: MARTINELLI, BACA, DETZER
NAYS:
ABSENT: UNGAB, VALDERRAMA, GODSHALK
ABSTAIN: PARRA
CHAIRMAN