HomeMy WebLinkAboutResolution No. 5-2011RESOLUTION NO. 5-2011
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A WIRELESS COMMUNICATIONS FACILITY
AT 2005 HIGHLAND AVENUE.
CASE FILE NO. 2010-31 CUP
APN: 561-271-01
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for a wireless communications facility at 2005 Highland Avenue
at duly advertised public hearing held on March 7, 2011, 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. 2010-31 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 7, 2011, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the proposed
antennas would be incorporated into a mono -palm and the associated equipment would
be inside an existing structure, thus not affecting parking or access.
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 unstaffed wireless communications facility requires only one to two trips
each month for routine maintenance, which can easily be accommodated by the
adjacent streets.
3. That the proposed use would not have an adverse effect upon adjacent or abutting
properties, since antennas and associated equipment would be housed on a mono -
palm approximately 35 feet above the ground, located at the rear of the site, and
additional landscaping would be added to blend the mono -palm with the character of
the surrounding community.
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4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since it would improve the performance of the AT&T wireless network,
resulting in enhanced service for its National City customers.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes a wireless communications facility at 2005
Highland Avenue. Except as required by Conditions of Approval, all plans submitted for
permits associated with the project shall conform to Exhibit C, Case File No. 2010-31
CUP, dated 2/17/2011. Any additional antennas must substantially conform to the
design for installation shown on these plans.
2. 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.
3. 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.
4. 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.
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 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.
Building
6. Plans submitted for construction shall comply with the 2010 editions of the California
Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes.
7. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging
activities.
8. Television cable companies shall be notified a minimum of 48 hours prior to filling of
cable trenches.
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9. Exterior walls of accessible poles/walls to a height of not less than six feet shall be
treated with a graffiti resistant coating subject to approval from the Building Official.
Graffiti shall be removed within 24 hours of its observance.
Fire
10. The project shall be built to code. The National City Fire Department utilizes the
2010 edition of the California Fire Code and the 2010 edition of NFPA.
11. A rough inspection of all work is required prior to closure. All rough work shall be
visible at time of inspection.
12. Any request for inspection shall be made at least 48 hours in advance. Inspection
shall be made once work is complete, utilizing approved and stamped plans. The
contractor shall to have the approved plans on site per code.
13.During construction, the project shall strictly follow Chapter 14 of the CFC edition
"Fire Safety During Construction, Alteration or Demolition of a Building".
14. All emergency/hazard signage shall be installed as required by code.
Planning
15. All appropriate and required local, state and/or federal permits must be obtained prior to
operation of the wireless communications facility.
16. Building plans shall indicate that all antennas, equipment, wiring, conduit or any other
exposed equipment shall be painted to match the color of the surface upon which it is
installed (e.g., building face, wall, roof, etc) to the satisfaction of the Planning Division.
17. 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 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.
18. 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.
19. A detailed landscape and automatic, below grade irrigation plan, including plant
species, sizes of plant material, methods of planting, etc. shall be submitted prior to
issuance of building permits for review and approval by the Planning Division. The
landscape plan shall include a minimum of three live palm trees (Mexican fan palm) with
a minimum brown trunk height of 26 feet.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the applicant and to the City Council.
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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 7, 2011, by the following vote:
AYES: Alvarado, Pruitt, Reynolds, Farias, Flores
NAYS:
ABSENT: DeLaPaz, Baca
ABSTAIN:
CHAIRMAN
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