HomeMy WebLinkAboutReso 3-2000, CUP-2000-2RESOLUTION NO. 03-2000
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 125 PALM AVENUE
APPLICANT: AT&T WIRELESS SERVICES
CASE FILE NO. CUP-2000-2
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application to allow a wireless communications facility at 125 Palm
Avenue at a duly advertised public hearing held on March 6, 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-2000-2 and a Notice of Exemption 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 March 6, 2000, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since antennas will be
placed on an existing structure and the 1.27-acre site contains the 232.5 square feet of area
necessary to enclose the proposed wireless 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
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 facilities will be concealed behind enclosures constructed of materials
identical or similar in appearance to the existing structure.
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, Plumbing, Electrical, Mechanical, and Energy Codes and the
California Title 24 Handicapped regulations.
2. A detailed landscape and underground irrigation plan, including plant types, methods of
planting, etc. shall be submitted for review and approval by the Planning Director. The
landscape plan shall reflect the use of drought tolerant planting and water -conserving
irrigation devices.
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 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, Case File No. CUP-2000-2, dated
Jan. 18, 2000.
4. 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 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 Planning Director prior to
recordation.
5. Use authorized by this Conditional Use Permit shall be limited to wireless communication
facilities in conformance with Exhibit A, case file no. CUP-2000-2, dated Jan. 18, 2000.
6. 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.
7. The height of mechanical equipment or other items enclosed behind the 6-foot wall (with
the exception of the proposed light standard) shall not exceed the height of the wall.
8. The fiberglass enclosure screening the antennas and the block wall screening the
mechanical equipment shall have a stucco exterior finish and be painted to match the
existing building.
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
March 20, 2000 by the following vote:
AYES: UNGAB, PARRA, VALDERRAMA, GODSHALK, BACA
NAYS:
ABSENT: MARTINELLI, DETZER
ABSTAIN: (d� /i/t
CHAIRMAN