HomeMy WebLinkAboutPC Reso 2023-03 Wireless Communications Facility 901 Euclid Avenue'---~/
RESOLUTION NO. 2023-03
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT FOR A NEW WIRELESS
COMMUNICATIONS FACILITY TO BE LOCATED AT 901 EUCLID AVENUE.
CASE FILE NO. 2022-36 CUP
APN: 558-010-55
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 901
Euclid Avenue at a duly advertised public hearing held on March 6, 2023, at which time
oral and documentary evidence was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the
staff report contained in Case File No. 2022-36 CUP 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, 2023, support the following findings,
which are hereby made:
1.
2.
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 MXD-1 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. ·-· ····-·· ··· ··-· · · ······ ···· --· -· ···· ·········· ···· ·· ···· · ···· -· ·
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:
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 MXD-1 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 facility will be located on the roof of the building without interfering
with the existing use. No future expansion of the building is proposed that the
facility would conflict with. The screening for the antennas will match the
architectural style of the building, in compliance with the LUC.
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 building on which the facility will be located is existing, no expansion
or future use that the proposal would conflict with is anticipated, and the facility will
meet all development standards and distance requirements.
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 1 Section 15301 (Existing Facilities),
for which a Notice of Exemption will be filed subsequent to approval of this CUP.
Class 1 consists of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no
expansion of existing or former use. The proposed use is consistent with this
description and there is no potential for the project to cause either a direct or a
...... ··~~ _ ~--·JeasonablyJoreseeableindirect phy~cal change in the environment .... . ... ·····--·
·---~/
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
hereby approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes a wireless communications facility at 901
Euclid Avenue. 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.
2022-36 CUP, dated 11/1/2022 and 4/22/2022 respectively. 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 allapplicableJaws,~~~~
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
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.AII appropriate and required local, state and/or federal permits must be obtained
and/or modified prior to operation of the wireless communications facility.
15.AII 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. 6222002110, dated April 8, 2022) shall be
installed and implemented prior to operation.
16. In order to alert people accessing the rooftop, a Guidelines sign and an NOC
Information must be installed at each access point to the rooftop. Additionally,
yellow Caution signs must be installed on the barrier in front of the Dish Wireless
_______ _§ector _c::;_ antEl_n11_as,J't1es_El_~g_lls mus_tjle _i:ilaced jn a consi:iicuous manner so tb_c1L_
they are visible to any person approaching the barrier from any direction.
17. Individuals and workers accessing the rooftop shall be provided with a copy of the
Site Safety Plan (Exhibit B of the Electromagnetic Energy Jurisdictional Report -
EBI Project No. 6222002110, dated April 8, 2022), made aware of the posted
signage and installation of the recommended barriers, and signify their
understanding of the Site Safety Plan.
18. Dish Wireless shall provide procedures to shut down and lockout/tagout installed
wireless equipment in accordance with their own standard operating protocol. Non-
telecom workers who will be working in areas that exceed FCC exposure limits are
required to contact Dish Wireless for lockout/tagout prior to any work being
undertaken.
19. Barriers shall be installed to block access to the areas in front of the antennas that
exceed the FCC general public and/or occupational limits. Barriers shall consist of
rope, chain, or fencing. Barriers shall be installed on the adjacent building roof 20
feet away from the front of the Dish Wireless Sector C antennas.
20. In order to reduce the risk of exposure to RF emissions, access to areas associated
with the active antenna installation shall be restricted and secured where possible.
21. Antennas in the southwest quadrant shall be screened from adjacent views through
the use of screening walls no higher than the antennas plus one foot. Screening walls
shall be textured and painted to match the architectural style and color of the existing
building.
22. The equipment shelter shall be textured and painted to match the color of the existing
building.
23. All exposed cables or cable runs shall be painted to match the surface to which they
are mounted.
24. 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.
25. The applicant or operator shall be responsible for the removal and disposal of any
antennas, equipment or facilities that are abandoned, decommissioned, or become
obsolete within six (6) months of discontinuance.
-----------------------· 26. Plans submitted for construction shall include a power failure backup system to
ensure continuity of service. The design of the backup system shall conform to the
regulations contained in NCMC 18.30.220.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the applicant and to the City Council.
BE IT Fl NALLY RESOLVED that this Resolution sha ll become effective and final
on the day following the City Council meeting where the Planning Commission
reso lution 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 , appea l the decision of the Planning Commission and set the matter for public
hearing .
CERTIF ICATION:
This cert ifie s that the Resolution was adopted by the Planning Commission at their
meeting of March 6, 2 023, by the following vote:
AYES: Valenzuela, Sendt, Sanchez, Miller, Castle.
NAYS: None.
ABSTA IN: Natividad.
ABSSENT: None.
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CHAIRPERSON