HomeMy WebLinkAboutRESO 2019-27_2210 NORTH GRAND AVENUELS 6.24.19
RESOLUTION NO. 2019-27
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2019-20 AS CONDITIONED TO RENEW
THE ENTITLEMENTS OF AN EXISTING 60-FOOT TALL
MAJOR WIRELESS COMMUNICATION FACILITY
LOCATED AT 2210 NORTH GRAND AVENUE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Alexander Lew with Core Development Services, representing CCTMO,
LLC ("Applicant'), is requesting approval of Conditional Use Permit
("CUP") No. 2019-20 to renew the entitlements of an existing 60-foot tall
major wireless communications facility disguised as a mono -pine located
at 2210 North Grand Avenue.
B. On May 5, 2008, the City Council approved Conditional Use Permit No.
2006-08 allowing the construction of the subject major wireless
communications facility.
C. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-198.10, a
Conditional Use Permit is required for major wireless communications
facilities established in the City of Santa Ana.
D. SAMC Section 41-198.13 states that major wireless communications
facilities shall be approved for a period not to exceed ten (10) years.
E. The Applicant is required to apply for a new CUP in order to maintain the
entitlements for the current facility as the approval has reached 10 years.
On June 24, 2019, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2019-20.
F. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit pursuant
to Santa Ana Municipal Code Section 41-638, have been established for
Conditional Use Permit No. 2019-20 to renew the entitlements of an
existing 60-foot tall major wireless communication facility:
1. That the proposed use will provide a service or facility which will
contribute to the general well-being of the neighborhood or the
community.
Resolution No. 2019-27
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The major wireless communication facility will continue to
provide a service to Santa Ana residents, businesses and
motorists who subscribe to cellular services by providing
cellular service and data coverage for its users within the
vicinity. The issuance of a new conditional use permit will
allow the provider to continue to provide a service to the
surrounding community.
2. That the proposed use under the circumstances of the particular
case will not be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity.
The issuance of a new conditional use permit to maintain a
wireless facility at this location will not be detrimental to
persons residing or working in the area as the facility will
remain in compliance with Federal law that governs health
related issues for wireless facilities, including safety
regulations from the Federal Communications Commission
(FCC) and Federal Aviation Administration (FAA).
3. That the proposed use will not adversely affect the present
economic stability or future economic development of properties
surrounding the area.
The facility is compatible with the surrounding area and will
not adversely affect the economic viability in the area. The
stealthing provided by the facility's mono -pine design and
location at the rear of the site will maintain and increase the
economic stability for this industrial area by providing an
additional service for business owners, workers, and
residents in the area.
4. That the proposed use shall comply with the regulations and
conditions specified in Chapter 41 for such use.
The use will continue to comply with all provisions pertaining
to the continuation of existing wireless facilities identified in
Chapter 41 (Zoning Code) of the Santa Ana Municipal Code.
The facility will continue to be stealthed by its design and
surrounding landscape and will comply with other standards
outlined in the SAMC.
5. That the proposed use will not adversely affect the General Plan or
any specific plan of the City.
The major wireless communication facility will not adversely
affect the General Plan as cellular facilities that are designed
to be compatible with the surrounding environment are
consistent with the goals and objectives of the Land Use
Element. Goal 1 promotes a balance of land uses to address
community needs, which includes means of communication
Resolution No. 2019-27
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that will be served by the facility. In addition, Goals 3 and 5
require preservation of neighborhood character and integrity
as well as mitigation of impacts caused by development. The
mono -pine location minimizes visual impact on the area and
assists with the stealthing of the equipment. Further, Policy
2.2 encourages land uses that accommodate the City's need
for services. Maintaining a cell phone provider's coverage in
the area adds to the services that are readily available for
business owners, workers, visitors and residents in the
immediate vicinity.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption
applies to projects where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment. The project
proposes to renew an existing major wireless facility through the issuance of a new CUP.
No expansion of square footage or physical land disturbances are proposed as part of the
project. Categorical Exemption Environmental Review No. 2018-73 will be filed for this
project.
Section 3. The Applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
Section 4. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2019-20, as conditioned
in Exhibit A, attached hereto and incorporated herein. This decision is based upon the
evidence submitted at the above said hearing, which includes, but is not limited to: the
Request for Planning Commission Action dated June 24, 2019, and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
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ADOPTED this 24th day of June, 2019 by the following vote:
AYES: Commissioners: Benavides, Contreras -Leo, McLoughlin, Nguyen, Rivera
(5)
NOES: Commissioners: None
ABSENT: Commissioners: Alderete, Cano (2)
ABSTENTIONS: Commissioners: None
J
A I Z 17
Mark McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2019-27 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 24, 2019.
AA.0
Date: � � � � (_ C� (/(�- ) .N
Recording Secretary '
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2019-20
Conditional Use Permit No. 2019-20 is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with all applicable sections of the
Santa Ana Municipal Code, the California Administrative Code, the California Building
Standards Code and all other applicable regulations.
The Applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The Applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
1. The Applicant must comply with all conditions and requirements of the
Development Review Committee for the Development Project (DP No. 2018-18).
2. The proposed facility shall be maintained as per approved plans and any existing
landscaping shall be enhanced and well maintained. Any damage to existing
structures, walls, parking areas, or landscaping must be repaired.
3. The Applicant shall provide a 24-hour phone number to which interference
problems may be reported. This condition will also apply to all existing facilities
in the City of Santa Ana.
4. The Applicant will provide a "single point of contact" in its Engineering and
Maintenance Departments to insure continuity on all interference issues. The
name, telephone number, fax number and e-mail address of that person shall be
provided to the City's designated representative after approval of the new CUP.
5. The Applicant shall ensure that lessee or other user(s) shall comply with the
terms and conditions of this permit, and shall be responsible for the failure of any
lessee or other users under the control of permit Applicant to comply.
6. The major wireless facility shall be subject to any applicable California Building
Code or federal requirements for seismic safety, retrofit, and/or upgrades as
deemed necessary by the Building Division.
7. Conditional Use Permit No. 2019-20 expires 10 years from the date of Planning
Commission approval.
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