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HomeMy WebLinkAboutReso 16-2000, CUP-2000-8RESOLUTION NO. 16-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW WIRELESS COMMUNICATIONS FACILITIES AT LAS PALMAS PARK. APPLICANT: TIM KOLSET, WFI. CASE FILE NO. CUP-2000-8 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application to allow wireless communications facilities at Las Palmas Park at a duly advertised public hearing held on August 7, 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-2000-8 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 August 7, 2000, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the site contains the area necessary to contain the proposed wireless equipment and additional landscaping. 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 on a collector 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 equipment building will be concealed behind an existing structure and since the wireless antennas will be constructed such that they will not be visible to the casual observer. 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. Sprint and WFI shall obtain an approved lease agreement with the City of National City prior to any construction of wireless facilities. 3. Exterior walls of the equipment building and the base of the monopalm up to a height of twenty feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 4. 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. 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 -Revised, case file no. CUP-2000-8, dated July 25, 2000. 5. 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. 6. Use authorized by this Conditional Use Permit shall be limited to wireless communication facilities in conformance with Exhibit A -Revised, case file no. CUP-2000-8, dated Jul. 25, 2000. 7. 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. 8. The proposed equipment structure shall have a smooth concrete finish to match the pedestrian ramp and shall be enclosed with a roof. 9. A detailed landscape plan shall be submitted for the approval of the Planning Director. Landscaping shall include one date palm of a minimum 30-foot height and one date palm of a minimum 45-foot height at the time of planting to match the appearance of the proposed monopalm structure. The applicant shall maintain the palms to the satisfaction of the Parks and Recreation Department when they exceed 50 feet in height. 10. 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 August 21, 2000, by the following vote: AYES: Ungab, Godshalk, Baca, Martinelli NAYS: ABSENT: Parra, Detzer ABSTAIN: Valderrama //J- CHAIRMAN