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HomeMy WebLinkAboutRESO 2022-18_4511 W McArthur Resolution No. 2022-18 Page 1 of 8 RESOLUTION NO. 2022-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2022-07 AS CONDITIONED TO ALLOW A NEW 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 4501 WEST MACARTHUR BOULEVARD 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.Will Kazimi with Smartlink, LLC, representing AT&T (Applicant) and on behalf of Public Storage (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2022-07 to allow the construction of a new 60-foot high major wireless communications facility disguised as a mono-eucalyptus at 4501 West MacArthur Boulevard. B.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. C.In addition, SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed ten (10) years. D.On April 11, 2022, the Planning Commission held a duly noticed public hearing on CUP No. 2022-07. E.The Planning Commission determines that the following findings, which must be established in order to grant a CUP pursuant to SAMC Section 41- 638, have been established for CUP No. 2022-07 to allow a new 60-foot tall major wireless communication facility: 1.That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The project will provide a service or facility, which will contribute, to the community. The proposed mono-eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to AT&T Wireless services by Resolution No. 2022-18 Page 2 of 8 reducing the gaps in cellular service and providing additional calling capacity for its users in the central sector of Santa Ana. 2.That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general wellbeing of persons residing or working in the vicinity. The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will comply with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Moreover, the nearest residential use is located approximately 1.2 miles from the site, further reducing any potential for impacts. 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed mono-eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site enhancements will maintain and increase the economic stability for this industrial corridor by providing an add itional service for business owners, workers, and residents in the area. Further, the stealth appearance and the chosen location for the facility will help blend in with existing mature trees found on the property. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be disguised as a eucalyptus tree, feature new and enhanced landscaping, will provide an equipment enclosure with landscaping, and will comply with other standards outlined in the SAMC. 5.That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed mono-eucalyptus will not adversely affect the General Plan, as cellular facilities designed to be compatible with the surrounding environment are consistent with the Resolution No. 2022-18 Page 3 of 8 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 that will be served by the proposed mono-eucalyptus. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments’ impacts. The proposed mono-eucalyptus is designed to minimize visual impact on the area by implementing stealth design and using the prime location of the facility in relation to the existing mature trees on that side of the property to screen the facility. Further, Policy 2.2 encourages land uses that accommodate the City’s needs for services. Enhancing a cell phone provider’s coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15303 (Class 3 – New Construction or Conversion of Small Structures). A Class 3 exemption consists of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure. The project proposes a small facility and installation of new equipment enclosed by small structures. As such, a Notice of Exemption, Environmental Review No. 2021-19, will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2022-18 Page 4 of 8 Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2022-07, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 4501 West MacArthur Boulevard. This decision is based upon the evidence submitted at the above- referenced hearing, including but not limited to: The Request for Planning Commission Action dated April 11, 2022, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11th day of April 2022 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: ______________________ Bao Pham Vice-Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Sr. Assistant City Attorney CALDERON, MCLOUGHLIN, PHAM, RAMOS, WOO (5) ALDERETE (1) MORRISSEY (1) Resolution No. 2022-18 Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHRISTINA LEONARD, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2022-18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 11, 2022. Date: Recording Secretary City of Santa Ana 06-15-2022 On behalf of C. Leonard Resolution No. 2022-18 Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2022-07 Conditional Use Permit No. 2022-07 to allow a new 60-foot high major wireless communications facility 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 Building Standards Code, and all other applicable regulations: The Applicant must comply 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. 2021-06). 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 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. The Applicant of the facility shall submit and maintain current contact information at all times. The Applicant shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include the following: (a)Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility. Resolution No. 2022-18 Page 7 of 8 (b)Name address and telephone number of a local contact person for emergencies. (c)Identification signs, including emergency phone numbers of the utility provider, shall be posted at the communication facility site. 6.All wireless telecommunication facilities shall comply at all times with all FCC regulations, rules, and standards. 7.The Applicant and/or property owner shall remove the facility and all associated equipment and restore the property to a condition in compliance with all Santa Ana Municipal Code standards and to the satisfaction of the Planning Manager within 90 days of abandonment, expiration, or termination of the CUP. 8.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. 9.Conditional Use Permit No. 2022-07 expires 10 years from the date of Planning Commission approval. 10.Prior to building permit issuance, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained. Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a)Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b)Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c)Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; Resolution No. 2022-18 Page 8 of 8 d)Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e)If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f)The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g)The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.