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HomeMy WebLinkAboutRESO 2022-32_2929 S Halladay St Resolution No. 2022-32 Page 1 of 7 RESOLUTION NO. 2022-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2022-15 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 60-FOOT TALL MAJOR WIRELESS COMMUNICATIONS FACILITY LOCATED AT 2929 SOUTH HALLADAY 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. Alexander Lew with Crown Castle, on behalf of T-Mobile (Applicant) and Halladay 4, LLC (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2022-15 to renew the entitlements of an existing 60- foot tall major wireless communications facility disguised as a mono-pine located at 2929 South Halladay Street. B. On April 6, 2009, the Planning Commission approved CUP No. 2009-01, allowing the construction of the subject major wireless communications facility. C. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41 -198.3(b), a Conditional Use Permit is required for major wireless communications facilities established in the City of Santa Ana. D. 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. E. As the current facility has reached its ten-year term, the applicant is required to apply for a new CUP in order to maintain entitlements for the current facility. F. On September 26, 2022, the Staff recommend that the Planning Commission continue the project to November 14, 2022, after the Applicant requested additional time to address conditions outlined in CUP No. 2009- 01. G. On November 14, 2022, the Planning Commission held a duly noticed public hearing on CUP No. 2022-15. H. The Planning Commission determines that the following findings, which must be established in order to grant a CUP pursuant to SAMC Section 41- Resolution No. 2022-32 Page 2 of 7 638, have been established for CUP No. 2022-15 to renew the entitlements of an existing 60-foot tall major wireless communications 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 major wireless communications 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 CUP will allow the provider to continue to provide a service to the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a new CUP 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). Additionally, the applicant will be replacing antennas and equipment that is similar to existing equipment on the mono-pine and within the leased area. 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 location at the rear of the site will maintain and increase the economic stability of the area by providing an additional service for business owners, workers, and residents in the area. 4. That the proposed use will 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 SAMC. The facility will continue to be stealthed by its design and surrounding landscape and will comply with other standards outlined in the SAMC. In addition, as conditioned, the installation of a wrought iron fence and adjacent matured landscaping will Resolution No. 2022-32 Page 3 of 7 assist with the overall screening of the facility. 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 major wireless communications facility will not adversely affect the General Plan, as cellular facilities 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 including the means of communication provided by the facility. Policy 1.1 of the Land Use Element encourages development that fosters compatibility between land uses to enhance livability. Goal 1 of the Public Services Element calls for providing quality and efficient facilities that are adequately funded, accessible, safe, and strategically located. Policy PS- 1.2 calls for equitable distributions to ensure public services reflect changing population needs and are equitably distributed and accessible, with priority assigned to improving areas that are underserved and/or within environmental justice boundaries. Goal PS-2, to preserve a safe and secure environment for all people and property, is also applicable. Policy PS-2.11 calls for coordinating with utilities and public agencies to develop, maintain, relocate, and/or upgrade critical local and regional public facilities and infrastructure systems to ensure their resiliency during times of extreme weather or natural disasters, or toxic emission release. The cellular coverage provided by the facility satisfies the goals and policies of the General Plan as it allows for enhanced livability and interactions between surrounding uses. Moreover, renewing the entitlements for this facility maintains the coverage and services that are already available for business owners, workers, visitors and residents in the immediate vicinity while increasing the service availability during an emergency and/or natural disaster. The proposed wireless facility is within an identified environmental justice area, which will expand coverage in the area. 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 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to renew the entitlements of an existing major wireless communications facility and includes minor alterations to the existing facility. As such, a Notice of Exemption, Environmental Review No. 2021-76, will be filed for this project. Resolution No. 2022-32 Page 4 of 7 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. Section 4.The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2022-15, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2929 South Halladay Street. 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 September 26, 2022, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14 th day of November, 2022 by the following vote. AYES:Commissioners:MCLOUGHLIN, PHAM, RAMOS, WOO (4) NOES:Commissioners:NONE (0) ABSENT:Commissioners:ALDERETE, CALDERON, MORRISSEY (3) ABSTENTIONS:Commissioners:NONE (0) Bao Pham Chairperson ) BaBaBBaBaBaBaaBBo PhPhhhPhhPhPhPhPhPhPhPhPhhhhhhham Resolution No. 2022-32 Page 5 of 7 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Chelsea Shafer, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2022-32 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 14, 2022. Date: Acting Recording Secretary City of Santa Ana M F k Acting Recording Secr November 14, 2022 Resolution No. 2022-32 Page 6 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2022-15 Conditional Use Permit No. 2022-15 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. All site improvements must conform to Development Project Review (DP Nos. 2008-73 and 2021-22) and in accordance with the plans attached to the staff report documenting the approved scope of the project. 2. Per the approved DP Nos. 2008-73 and 2021-22, the applicant agrees to the following improvements to be constructed or installed within 90 days of adoption of this Resolution: a) The existing chain link fence shall be replaced with a new wrought iron fence enclosing the parking area and facility. b) One 36” box canopy tree shall be planted in the landscaped area along the wrought iron fence to further screen the facility from view. c) Flowering vines shall be installed at 8-foot intervals along the wrought iron fence. 3. The Applicant shall post onsite a 24-hour phone number to which interference problems may be reported. 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 Applicant 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: Resolution No. 2022-32 Page 7 of 7 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. 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 communications facility site. 7. All wireless telecommunications facilities shall comply at all times with all FCC regulations rules and standards 8. CUP No. 2022-15 expires 10 years from the date of Planning Commission approval. 9. The Owner of the wireless facility shall remove the facility and all associated equipment and restore the property to its original condition within ninety (90) days after the abandonment, expiration or termination of the conditional use permit. 10. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code.