HomeMy WebLinkAboutResolutionRESOLUTION NO. 2014 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
DECISION ON THE APPEAL OF THE PLANNING COMMISSION DENIAL
OF A CONDITIONAL USE PERMIT TO MODIFY THE DECISION OF
THE PLANNING COMMISSION BY GRANTING THE CONDITIONAL USE
PERMIT AND IMPOSING ADDITIONAL CONDITIONS FOR A WIRELESS
COMMUNICATIONS FACILITY AT SWEETWATER HEIGHTS PARK
LOCATED AT 3820 CAGLE STREET
WHEREAS, the Planning Commission considered a Conditional Use Permit for a
wireless communications facility located at 3820 Cagle Street, at a duly advertised public
hearing held on March 3, 2014, at which time oral and documentary evidence was presented;
and
WHEREAS, the Planning Commission denied said Conditional Use Permit at
their meeting of March 17, 2014; and
WHEREAS, the applicant appealed the decision of the Planning Commission to
the City Council on April 1, 2014; and
WHEREAS, the City Council considered the appeal at duly advertised public
hearings held on May 6 and August 19, 2014, at which time the City Council considered
evidence; and
WHEREAS, at said public hearings, the City Council considered the staff report
provided for Case File No. 2014-01 CUP, 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 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
August 19, 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 OS
zone.
2. That the proposed use is consistent with the General Plan and any applicable specific
plans, 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 facility,
including the artificial pine tree and shelter (408 square feet), can easily be accommodated
on the 2.35-acre site, and will not affect surrounding existing uses.
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September 2, 2014
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 45-foot artificial pine tree will adequately screen the twelve panel antennas, and
since the partially underground nature and landscaping on -site will provide adequate
screening of the equipment shelter from adjacent properties.
6. 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.
7 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 a Conditional Use Permit is
approved subject to the following conditions:
GENERAL
1. This Conditional Use Permit authorizes a wireless communications facility at 3820 Cagle
Street to replace and accommodate the existing Sprint artificial palm tree. Except as
required by conditions of approval, all plans submitted for permits associated with the
project shall conform with Exhibit "B", Case File No. 2014-01 CUP, dated August 20, 2014.
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 of San Diego. 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.
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3. Within four (4) days of approval, pursuant to California 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
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.
FIRE
6. Plans submitted for improvements must comply with the current editions of the California
Fire Cade (CFC) and National Fire Protection Association (NFPA).
7 Emergency Shutdown procedures shall be posted in conspicuous area of emergency
generator "EMERGENCY POWER". All Emergency Power signs shall be of .080 gauge
aluminum. All signs shall be 10 inches wide and 12 inches long. All signs shall have
Type IV high intensity prismatic sheeting (H.I.P.), reflective in nature. Protective overlay
film shall be required on sign (P.O.F.). Color of sign shall be white background with black
letters. Sign shall describe all additional power shutdowns in clear map form. Map shall
describe present position ("You Are Here").
• White background with black letters.
• Signage letter height — "Emergency Power" — shall be two inches tall.
• 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.
• Please contact the National City Fire Department for requirements. A detailed
plan shall be submitted to the Fire Marshal for approval and final field
placement.
8. A 704 diamond shall be placed in conspicuous area to identify fuel and battery hazards.
9. Fire department access roads shall meet the requirements of the California Fire Code
(current edition) Chapter 5 and Appendix D and 503.1.1 Access Roads. Facilities,
buildings or portions of buildings hereafter constructed shall be accessible to Fire
Department.
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apparatus by way of an approved fire apparatus access road with an asphalt, concrete
or other approved driving surface capable of supporting the imposed Toad of a fire
apparatus weighing at least 75, 0000 pounds. Fire Department access roads shall have
an unobstructed width of not less than 20 feet for emergency vehicle travel. Where
required by the fire code official, approved signs or other approved notices or markings
that include the words NO PARKING -FIRE LANE shall be provided for fire apparatus
access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus
access roads shall not be obstructed in any manner, including the parking of vehicles.
10. Roads or alleys 20 to 26 feet in wide shall be posted on both sides as fire lanes.
11. 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
12. 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.
13. 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.
14. 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
15. Prior to any construction or grading activities, the applicant shall coordinate with all utilities
and City Departments with infrastructure in the area to ensure protection of any existing
utility services.
16. Call (800) 227-2600 (Underground Service Alert) for mark out prior to any digging activities.
PLANNING
17. All appropriate and required local, state and/or federal permits must be obtained prior to
operation of the wireless communications facility.
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18. 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.
19. Exterior walls of buildings/poles to a height of not less than six feet (6') 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.
20. A landscaping and underground irrigation plan shall be submitted at Building Permit
showing planting that screens the entire exposed height of the equipment shelter as visible
from Cagle Street.
21. 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.
22. 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.
23. Provide sod and irrigation between the existing fence and the sidewalk where there is
currently a dirt patch.
24. Install a stamped concrete driveway over the dirt "driveway" area created by the
technicians driving over the sidewalk. No curb cut to be provided.
25. Locking bollards to be placed across the driveway to keep non -park and wireless
technicians from driving into the park.
26. The existing fence to be extended to the east to the edge of the driveway with older
section to be removed.
27. Mulch to be provided along the northeastern property line between the existing fence
and the basketball court.
28. Remove the existing dead palm tree and the existing dead pine tree.
29. Provide two (2) pine trees toward the southeastern corner of the park, in front of the
existing tree stump, and fix irrigation in this area. Provide new concrete mow strip to
connect to existing and to existing Sprint tree and mulch in this lower area.
30. Grind the existing tree stump.
31. Remove the graffiti from the existing power box near the driveway.
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32. Repair and replace existing broken section(s) of concrete sport court and resurface
entire area per City of National City standards.
33. Install two (2) picnic tables on new concrete slab. One (1) of the tables will be ADA
accessible.
34. Install one (1) motion detection light and one (1) motion detection camera to help deter
illicit activity behind the Sprint PCS equipment shelter. Verizon Wireless will not provide
monitoring of the security camera. The City will have access to the camera's recordings
on request.
35. Verizon Wireless will pay a $20,000 park impact fee to be used for park improvements
that the City deems necessary. The park impact fee should be included in the lease
agreement with the City. Verizon Wireless will not be responsible for how and when
these funds are allocated by the City.
36, Prior to the park improvements listed in conditions 23 to 34 being undertaken, staff shall
work with community members via a workshop or other forum to solicit comments and
ideas related to implementation of said improvements.
37. Landscaping shall be installed per CPTED (Crime Prevention Through Environmental
Design) standards.
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 2nd day of September, 2014.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
Ron Morrison, Mayor