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HomeMy WebLinkAboutRESO 2020-40_4111 S MAINResolution No. 2020-40 Page 1 of 6 RESOLUTION NO. 2020-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2020-04 AS CONDITIONED TO EXCEED THE MAXIMUM HEIGHT OF 60 FEET TO 80 FEET FOR A MAJOR WIRELESS COMMUNICATIONS FACILITY LOCATED AT 4111 SOUTH MAIN STREET 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.Tyler Kent with Smartlink LLC, representing AT&T (“Applicant”), is requesting approval of Variance No. 2020-04 as conditioned to allow a maximum height of 80 feet for a major wireless (“mono-eucalyptus”) communications facility at 4111 South Main Street. B.Santa Ana Municipal Code (“SAMC”) Section 41-198.9 requires a maximum height of 60 feet for all wireless communication facilities. C.Applicant is also requesting concurrent approval of Conditional Use Permit No. 2020-19 to allow construction of the subject major wireless facility. Due to the extended coverage the wireless facility will provide, staff is recommending separate approval of said application. D.On December 14, 2020, the Planning Commission held a duly noticed public hearing for Variance No. 2020-04. E.The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2020-04, to exceed the maximum height of 60 feet to 80 feet for a major wireless communications facility, have been established as required per SAMC Section 41-638: 1.That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject property is located adjacent to the Costa Mesa (SR-55) Freeway and an existing Southern California Edison Resolution No. 2020-40 Page 2 of 6 Substation. It is visually isolated and separated from residential uses and the increased height allows it to adequately serve the surrounding area. Due to existing conditions of the Southern California Edison Substation, proposed antennas and equipment are unable to locate on existing utility transmission poles on the subject site and take advantage of the existing height of such structures. The additional 20 feet of height will allow better service for the residential and commercial sites in the vicinity, and will allow the facility to compensate for the tall freeway overpasses adjacent to the site. The proposed facility is designed to be stealthed as a eucalyptus tree and blend in with existing trees. 2.That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The new 80-foot tall wireless communication facility will provide adequate service for residents and businesses in the vicinity of the subject site. It will fill an existing coverage gap in service in the least obtrusive location within the area and blend in with its surroundings. 3.That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed 80-foot high wireless communication facility is located in a predominantly commercial area and will not visually impact the surrounding uses. The stealth design will blend with existing tress and conditions. 4.That the granting of a variance or minor exception will not adversely affect the general plan of the city. The proposed 80-foot high wireless communications facility will not adversely affect the General Plan because it is designed to be compatible with the surrounding environment and is consistent with the following goal and policy of the General Plan: Land Use Element Goal 1 (promote a balance of land uses to address community needs) and Policy 2.2 (support community land uses to accommodate the City’s needs for goods and services). Cellular and data services will be enhanced and improved for surrounding businesses and residents. The facility is proposed in the least obtrusive location to fill a gap in services coverage. Section 2. 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 , which approval will not be unreasonably withheld, 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 defen se . City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action . Section 3. The Planning Commission of the City of Santa Ana after conducting the public he aring , hereby approves Variance No . 2020-04 , 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 December 14, 2020 , and exhibits attached thereto ; and the public testimony, all of which are incorporated herein by this reference. AYES: NOES: ABSENT : ADOPTED this 14th day of December, 2020 by the following vote: Commissioners : CALDERON , MCLOUGHLIN, MORRISSEY , NGUYEN (4) Commissioners : Commissioners: CONTRERAS-LEO , GARCIA (2) ABSTENTIONS : Commissioners : ~e4= Markcloughlin Chairperson Res olution No. 2 02 0-40 Page 3 of 6 Resolution No. 2020-40 Page 4 of 6 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Sr. Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-40 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 14, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 12-14-2020 Resolution No. 2020-40 Page 5 of 6 EXHIBIT A Conditions of Approval for Variance No. 2020-04 Variance Number 2020-04 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.All proposed site improvements must conform to the Site Plan Review (DP No. 2018-43) and the staff report exhibits. 2.Variance No. 2020-04 shall not become effective unless Conditional Use Permit No. 2020-19 is approved and in full effect. 3.Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 4.Prior to the issuance of a building permit to construct the facility, a full landscape and irrigation plan shall be submitted for review and app roval by the Planning Division. Plans must include: a.A six (6) foot tall solid block wall with vines to surround the facility and its related equipment on all sides; b.Installation of additional 36-inch box trees where missing from existing planter areas along Main Street and the south property line to scre en the proposed facility and its related equipment; and c.A 36-inch box tree replacement at a 1:1 ratio for any removed trees. 5.The applicant shall be responsible for maintaining the subject site free from debris, overgrown vegetation, and graffiti. Any gra ffiti must be removed within 24 hours. 6.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. Resolution No. 2020-40 Page 6 of 6 7.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. 8.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. 9.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 and shall be constructed with an Importance Factor of 1.5.