HomeMy WebLinkAboutPC Reso 2023-06 1900 National City Blvd.ATTACHMENT 1
RESOLUTION NO. 2023-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
DETERMINATING THAT THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 3 OF THE CEQA GUIDELINES SECTION 15303 (NEW CONSTRUCTION
OR CONVERSION OF SMALL STRUCTURES) AND
APPROVING A CONDITIONAL USE PERMIT FOR A
NEW WIRELESS COMMUNICATIONS FACILITY TO BE
LOCATED AT 1900 NATIONAL CITY BLVD.
CASE FILE NO. 2022-37 CUP
APN: 560-204-04
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for a new wireless communications facility to be located at 1900
National City Blvd. at a duly advertised public hearing held on March 20, 2023, 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. 2022-37 CUP maintained by the City and incorporated
herein by reference along with evidence and testimony presented 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 20, 2023, support the following findings,
which are hereby made:
1.That the proposed use is allowable within the applicable zoning district pursuant to a
CUP and complies with all other applicable provisions of the Land Use Code, because
use is allowable within the CA zone pursuant to a CUP, and the proposed facility meets
the required telecommunication facility design guidelines that include providing the
minimum distance requirements from habitable space and screening the facility.
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2.That the proposed use is consistent with the General Plan and any applicable specific
plan, because General Plan Policy E-3.3 encourages access to wireless internet
connections, computers, and other forms of communication technology and the
proposed facility modifications provide increased internet/cellular data as well as
standard cellphone service capability. In addition, the proposed facility is a conditionally-
permitted use in the CA zone.
3.That the design, location, size, and operating characteristics of the proposed activity
would be compatible with the existing and future land uses in the vicinity, because the
50-foot artificial tree will adequately screen the facility. Furthermore, the nine-foot block
wall will provide adequate screening of the equipment from adjacent properties.
4.That the site is physically suitable for the type, density, and intensity of use being
proposed, including access, utilities, and the absence of physical constraints, because
the facility will be located in a paved parking area without impacting required parking,
and the facility will meet all development standards and distance requirements for
wireless communications facilities.
5.That granting the permit would not constitute a nuisance or be injurious or detrimental
to the public interest, health, safety, convenience, or welfare, or materially injurious to
persons, property, or improvements in the vicinity and zone in which the property is
located, because the proposed use will be subject to conditions that govern the
design, placement, and operation of the wireless facility and the facility is required to
comply with federal regulations regarding radio frequency emissions.
6. That the proposed project has been reviewed in compliance with the California
Environmental Quality Act and has been determined to be categorically exempt from
environmental review pursuant to Class 3 of the CEQA Guidelines Section 15303 (New
Construction or Conversion of Small Structures), for which a Notice of Exemption will
be filed subsequent to approval of this CUP. Class 3 consists of construction and
location of limited numbers of new, small facilities or structures; installation of small
new equipment and facilities in small structures; the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure; and includes utility extensions of reasonable length to serve
such construction and accessory (appurtenant) structures. The proposed use is
consistent with this description and there is no potential for the project to cause either a
direct or a reasonably foreseeable indirect physical change in the environment.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is hereby
approved subject to the following conditions:
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General
1. This Conditional Use Permit authorizes a wireless communications facility at 1900 National
City Blvd. Except as required by conditions of approval, all plans submitted for permits
associated with the project shall conform with Exhibits A and B, Case File No. 2022-37
CUP, dated 2/14/23. Any additional antennas or facilities must be in substantial
conformance with the design for installation shown on these plans.
2. 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
Division, 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 Division 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 City Manager or assign prior to
recordation.
3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California
Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary
environmental filing fees for the San Diego County Clerk. Checks shall be made payable to
the County Clerk and submitted to the National City Planning Department.
4. 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
18.12.040 of the Municipal Code.
5. This permit shall expire if the use authorized by this resolution is discontinued for a period
of 12 months or longer. This permit may also be revoked, pursuant to provisions of the
Land Use Code, if discontinued for any lesser period of time.
6. This Conditional Use Permit may be revoked if the operator is found to be in violation of
any Conditions of Approval.
7. The wireless communications facility shall comply at all times with all applicable laws,
including, but not limited to, federal regulations related to radio frequency emissions.
Building
8. Plans submitted for demolition and construction improvements shall comply with the 2022
edition of the California Building, Mechanical, Electrical, Plumbing, Accessibility, Green,
Energy and Fire Codes.
Fire
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9. Plans submitted for improvements must comply with the 2022 edition of the California Fire
Code (CFC), and the current editions of the National Fire Protection Association (NFPA)
and California Code of Regulations (CCR).
10. National Fire Protection Association (NFPA) section 76 “Standard for the Fire Protection
of Telecommunications Facilities” shall be strictly followed.
11. Emergency Generator Shutdown procedures shall be posted in conspicuous area of
emergency generator if installed. A permit would be required if storage of fuel is
proposed
Sign shall be clearly visible from the street. If the power source is inside of the
building and cannot be seen from the street, a sign shall be placed in a position that
can be easily seen by emergency personnel on foot.
12. A 704 Emergency placard shall be posted at site. Sign shall be clearly visible from the
street.
13. The National City Fire Department shall be involved with all fire inspections for this site.
Rough inspections are required for all phases of work.
Planning
14. All appropriate and required local, state and/or federal permits must be obtained and/or
modified prior to operation of the wireless communications facility.
15. All recommended control measures outlined in Section 4.0 and within the Site Safety
Plan attached to the Radio Frequency – Electromagnetic Energy (RF-EME)
Jurisdictional Report (EBI Project No. 6222006336, dated November 21, 2022) shall be
installed and implemented prior to operation.
16. A yellow CAUTION 2B sign shall be posted at the base of the monotree.
17. All workers and individuals accessing the monotree or persons (including arborists),
accessing elevated structures or trees within areas exceeding the general public MPE,
must be made aware of the presence and locations of antennas and their associated
fields.
18. The equipment enclosure shall be designed to incorporate design cues (e.g. finish, color,
style) from other structures on the property.
19. All exposed cables or cable runs shall be painted to match the surface to which they are
mounted.
20. 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 either or both the applicant and 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.
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