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Home My WebLink AboutPC ResoRESOLUTION NO. 28-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 1445 TIDELANDS AVENUE IN THE COASTAL ZONE. APPLICANT: VE R IZON WIRELESS CASE FILE NO. 2013-24 CUP, CDP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for a wireless communications facility located at 1445 Tidelands Avenue in the Coastal Zone., at a duly advertised public hearings held on December 2, 2013, 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. 2013-24 CUP, CDP 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 December 2, 2013, support the following findings: i . That the site tor the proposed use is adequate in size and shape, since the facility, including the faux palm tree and shelter (257 square feet), can easily be accommodated on the 0.40 acre site, and will not affect surrounding existing uses. 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 communications facility requires only one to twn vicitc each month fnr rni itine maintenance which hill! have a noni�g b!e effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 60-foot artificial palm tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 5. That the proposed project is consistent with and implements the Certified Local Coastal Program, since the proposed stealth wireless facility, is a conditionally - allowed use in the MM-CZ zone and will not prohibit coastal access or obstruct views. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Pen -nit and Coastal Development Permit authorize a wireless communications facility at 1445 Tidelands. 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. 2013-24 CUP, dated 10110/2013. 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 and Coastal Development 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 and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department 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 and Coastal Development 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 Executive Director prior to recordation. 3. Within four () days of approval, pursuant to Fish and Garne Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental fining 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 o approval extended wing to procedures •f_, resolution v� Gw�YvvgY unless QcI,VIUiIIL�, specified in Section 18.12.040 of the Municipal Code. Building/Fire 5. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is mailable at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent C4..� Water i1 arZ and �. r+• �r National � ^•+4 oject G eimafTent Stu,tm� neater BNIIP Requirements" the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP ;bail be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the Nationai Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. Utilities 9. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 10. CaII 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 11. AI4 appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12. The dead/dying and non-existent landscape areas on -site shall be re -planted to the satisfaction of the Planning Department. The proposed relocated palm tree shall be placed south of the project area to the extent possible. 13. As part of construction of the proposed driveway to the project, the existing driveway border shall be repaired. Please contact the Planning Department for additional information. 14. The chain Link fence shall incorporate vinyl slats in order to match the existing facilities on site. 15.AIl exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 16. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shalt be removed within 24 hours of its observance. 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 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. 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. BE IT FURTHER RESOLVES, 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 December 2, 2013, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRPERSON