HomeMy WebLinkAbout2022 CON Notice of Restriction - 1215 Wilson AvenueRECORDING EQ UETE :
Proper}ty Owner's Name
Property Owner's Signcatur-e
WHEN RECORDED MAIL IL TO:
Planning, Division
City of National City
1243 ational City Boulevard
National City, CA 91950
NOTICE OF RESTRICTION REAL L PROPERTY:
Address: 1 ? 15 Wilson Avenue
Property Owner: J Ibb Properties LLC
Assessor's Parcel # 59-0-0-0
The real property located in the City of National City, County of San Diego, State of California described as
fol lows:
See attached Exhibit "A"
is restricted by conditions of approval of Planning Commission Resolution No. 2022-02 issued by the City or
National City. The obligations and restrictions imposed by Planning Commission Resolution No. 2022-02
approving the Conditional Use Permit ? 0 1 -0 CUP) are binding on all present or future interest holders or
estate holders of the property. A copy of Planning Commission Resolution lution No. 2022 2 is on file with the
National City Planning Division (See attached Exhibit ").
Dated: March 23, 2022
APPROVED AS TO FORM:
H A LES E. BELL JR
City Attorney, City of ` Tonal City
BRAD RAULSTON
City Manager, City of National City
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIED , STATE OF
CALIFORNIA, AND 1S DESCRIBED AS FOLLOWS:
Lot 3 in Block 144 of National City, in the City of National City, County of San Diego, State of California; according
to thereof. Mpl\lp.:....3.41.1 filed in the office of the County Recorder of San Diego County, October 27 1882.
Excepting therefrom, that portion lying within the land described in a deed to the State of California, recorded
January 1 , 1961 as Instrument No. 9172 of Official Records, said portion Tying Westerly of a line described as
follows:
Beginning at a point in the Westerly line of said Block 141, distant for reference along last said line North 17' 4 '
o " West, 160.29 feet from the Southwesterly corner of said Block 141, said corner being at coordinates Y equals
184,285.24 feet and X equals 1,735,515,78 feet; Thence from a tangent which bears North 17a 4 ' 0 " West
along a curve to the right with a radius of 90.00 feet through ari angle of 90' CO' 2611 an arc length of 141.38 feet .to
a point in the Northerly line of said Block 141, distant for reference along last said line, North 72° 14' 25" East,
89.99 feet from the Northwesterly corner of said Block 141.
ArN:6§97032,!;p7.00,
EXHIBIT ",a
RESOLUTION NO. 2022-02
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT FOR
THE MODIFICATION OF AN EXISTING WIRELESS
COMMUNICATIONS FACILITY LOCATED AT
1215 WiLSON AVENUE.
CASE FILE NO. 2021-09 CUP
APN: 559-032-20 & 21
WHEREAS, the Planning Commission of the City of National City considered a 1
Conditional Use Permit for the modification of an existing wireless communications
facility located at 1215 Wilson Avenue at a duly advertised public hearing held on
February 7, 2022, at which time oral and documentary evidence was presented; and,
WHEREAS, S, at said public hearings the Planning Commission considered the
staff report contained in Case File No. 2021-09 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, I E, 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 February 7, 2022, support the following
findings:
1. That the proposed use is allowable within the applicable zoning district pursuant to
a CUP and complies with all other applicable provisions of the Lard Use Code,
because the use is allowable within the CL zone pursuant to a CUP and the
proposed facility meets the required telecommunication facility design guidelines
that include providing the minimum distance requirements from habitable space
and screening the facility.
2. That the proposed use is consistent with the General Plan and any applicable
specific plan, because General Plan Policy E-.3 encourages access to wireless
Internet connections, computers, and other forms of communication technology:
the proposed facility modifications provide added Internet/cellular data as well as
standard cell phone service capability. In addition, the proposed facility is a
conditionally -permitted use in the CL zone.
3. That the design, location, size, and .operating characteristics of the proposed
activity would be compatible'with the existing . and future land uses in the vicinity,
because the facility is existing and is being modified to match the same Iocational
and architectural components of the current facility design, plus add screening to
bring the facility into compliance with current codes.
4. That the site is physically suitable for the type, density, and intensity of use being
proposed, including access, utilities, and the absence of physical constraints,
because the facility is existing and the modifications meet all development
standards and distance requirements of the Land Use Code.
5. That granting the permit would not constitute a nuisance or be injurious or
detrimental to the public interest, health, safety, convenience, or welfare, or
materially injurious to persons, property, or improvements in the vicinity and zone
in which the property is located, because the proposed facility is existing and the
modified version will not be highly visible due to the added screening walls around
the antennas,
6. That the proposed project has been reviewed in compliance with the California
Environmental Quality Act and has been determined to be 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 CUP.
BE IT FURTHER RESOLVED LED that the application for Conditional Use Permit is
approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes the modification of an existing wireless
communications facility at 1215 Wilson. Except as required by conditions of approval,
all plans submitted for permits associated with the project shall conform with Exhibit A,
Case File No. 2 21- g CUP, dated 1 2 2 22, 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 Fora, provided by
the Planning Division, acknowledging and accepting all conditions imposed upon the
approval of this permit. Failure to return the signed and notarized Acceptance Fora
within 30 days of its receipt shall automatically terminate inart the Conditional Use Permit.
The applicant shall also submit evidence to the sartisfartin of the Planning Division
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 City ilanager or assign prior to recordation.
3. Within hin 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.
, 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 demolition or construction improvements shall comply with the
current editions 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 Code (CFC), National Fire Protection Association (NFPA), , and
Californian Code of Regulations (OCR).
7. All required signage for telecommunications facilities, as specified by the CFC, if not
already on site, shall be designed and installed,
. The National City Fire Department shall be involved with all fire inspections for this
site. Rough inspections are required for all phases of work,
Planning
9. All appropriate and required local, state and/or federal permits must be obtained
and/or modified prior to operation of the wireless communications facility.
10. screening walls shall be textured and painted to match the architectural style and
color of the existing building. The reverse side of the screening walls and the antennas
shall be paintd a nutral color that blends with the roof color.
11. All ground -mounted equipment shall be painted to match the nearest building wall to
where it is located. Other equipment must be screened from view. Any apparatus
visible to the exterior of the facility, including cable chases/trays, shall be painted to
match the surface on which it is mounted, Addition equipment boxes, generators,
and/or protective devices shall be placed so that they are not within the required
parking area.
12. 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 irr ent 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 anyco-location proposal if it is •determined by the
City not to be desirable in a specific case.
131 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 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 ED 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 CityCouncil m at that
qy�
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 February 7, 2022, by the following vote:
AYES: Sendt, Sanchez, Roman, Yamane, Dela Paz, Natividad, idad, glen uel a
NAYS: None,
ABSENT: None.
ABSTAIN: Tore. CHAIRFERSON
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