HomeMy WebLinkAboutResolutionRESOLUTION NO. 2014 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED
AT 1445 TIDELANDS AVENUE IN THE COASTAL ZONE
APPLICANT: VERIZON WIRELESS
CASE FILE NO. 2013-24 CUP, CDP
APN: 559-040-53
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 hearing held
on December 2, 2013, at which time the City Council considered evidence; and
WHEREAS, at said public hearing the City Council considered the staff report
provided for Case File No. 2013-24 CUP, CDP, which is maintained by the City and
incorporated herein by reference, along with any other evidence 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 hereby taken is found to be essential for the preservation
of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the evidence presented to the City Council at the public hearing held on
December 2, 2013, support the following findings:
1. That the site for 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 two visits each month
for routine maintenance, which will have a negligible 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.
Resolution No. 2014 —
January 21, 2014
Page Two
BE IT FURTHER RESOLVED that the applications for Conditional Use Permit and
Coastal Development Permit are approved subject to the following conditions:
General
1. This Conditional Use Permit 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 10/10/2013. 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 (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.
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 available at the Engineering
Resolution No. 2014 —
January 21, 2014
Page Three
Department. If it is determined that the project is subject to the "Priority Project
Permanent Storm Water BMP Requirements" and 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 shall 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 National 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. All 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 Zink fence shall incorporate vinyl slats in order to match the existing facilities on
site.
15. All 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 shall 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
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January 21, 2014
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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 RESOLVED that copies of this Resolution be transmitted
forthwith to the applicant and to the City Council.
BE IT FURTHER RESOLVED that this Resolution shall become effective, final,
and conclusive on the day following the City Council meeting where this Resolution is adopted.
The time within which judicial review of this decision may be sought is governed by the
provisions of Code of Civil Procedures Section 1094.6.
PASSED and ADOPTED this 21st day of January, 2014.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney