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HomeMy WebLinkAboutPC resoRESOLUTION NO. 13-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 2720 E 4TH ST. "A". APPLICANT: DANIELLE WEIZMAN FOR AT&T MOBILITY CASE FILE NO. 2014-07 CUP APN: 554-280-01 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility located at 2720 East 4th Street "A" at a duly advertised public hearings held on June 2, 2014, 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. 2014-07 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 June 2, 2014, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a conditional use permit and complies with all other applicable provisions of the Land Use Code, since a wireless communications facility is a conditionally - permitted use in the MXD-2 zone. 2. That the proposed use is consistent with the General Plan and any applicable specific pians, since Policy E-3.3 of the General Plan is to increase access to wireless Internet connections, computers, and other forms of communication technology, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since the proposed antennas and associated equipment are to be incorporated into and upon an existing building and will not increase the footprint of that building, thus not affecting parking or access. 4. 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. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 12 antennas will be painted to match the existing building, and as such will not be highly visible from adjacent properties. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 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 2720 East 41h Street, "A". Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B dated 4/28/2014 Case File No. 2013-31 CUP. 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 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 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 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 ail 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 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, Energy and Codes. Fire 6. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 7. The proposed rooftop building shall be evacuated for fire sprinkler coverage if necessary. 8. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. Engineering 9. 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 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. 10. 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. If required, an approved SWPPP will be required prior to issuing of a construction permit. Planning 11.AII appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communicat ons facility. 12. Any equipment visible to the exterior of the facility, including cable chases/trays, shall be painted to match the surface on which it is mounted. 13. 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. 14.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 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 June, 2014, by the following vote: AYES: Baca, Pruitt, Flores, Alvarado, Dela Paz NAYS: None ABSENT: Garcia, Bush ABSTAIN: None CHAIRPERSON