HomeMy WebLinkAbout2001-050 - Denying Conditional Use Permit No. 2001-12RESOLUTION NO. 2001-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DENYING CONDITIONAL USE PERMIT NO.
2001-12 TO ALLOW A 60 FOOT HIGH MONOPOLE FOR
THE PROPERTY LOCATED AT 1125 WEST CENTRAL
AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council does hereby find, determine and declare as follows:
Conditional Use Permit No. 2001-12 has been filed with the City of Santa
Ana to allow a 60 foot high monopole telecommunication facility for the
property located at 1125 West Central Avenue, in Santa Ana.
The Planning Commission held a duly noticed public hearing on June 11,
2001, and approved Conditional Permit No. 2001-12 with certain
conditions.
Pursuant to Santa Ana Municipal Code Section 41-642, on July, 2, 2001,
the City Council received the Planning Commission's written findings of fact
for Conditional Use Permit No. 2001-12 and set the matter for public
hearing.
The City Council held a duly noticed public hearing on August 6, 2001, for
Conditional Use Permit No. 2001-12 and by motion continued the matter for
decision and directed that a resolution denying Conditional Use Permit No.
2001-12 be prepared.
Section 2. The City Council denies Conditional Use Permit No. 2001-12.
Section 3. The City Council makes and adopts the wdtten findings of fact
attached hereto as Exhibit "A" and incorporated herein, in rendering its decision to deny
Conditional Use Permit No. 2001-12.
ADOPTED this 20th dayof
August ,2001.
Resolution No. 2001-050
Page 1 of 4
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attomey
Chd~to'pher G. Norman
Assistant City Attomey
AYES:
Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Alvarez. Bist, Chdsty, Franklin1 McGuigan,
Pulido. Solodo
None (0)
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2001-050 to be the original resolution adopted by the City Council of the
City of Santa Ana on August 20, 2001.
Date:
Cler~.bf the Cou~'(~il '- ,~
City of Santa Ana
Resolution No. 2001-050
Page 2 of 4
EXHIBIT A
FINDINGS OF FACT FOR CONDITIONAL USE PERMIT NO. 2001-12
Will the proposed use provide a service or facility which will contribute to the
general well being of the neighborhood or the community.
The subject site is an Edison substation property and the proposed Sprint lease
area would be located in the southwest corner of the substation. Although the
site is a substation, the proposed monopole location does not meet the City's
Wireless Communication Facility Iocational guidelines. The guidelines encourage
facilities to be "separated from residential areas to the greatest extent feasible" or
at least a minimum distance of 140 feet. The separation distance as proposed is
less than 100 feet from multifamily residences on the south side of Central
Avenue.
Will the proposed use, 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 Federal Communication Commission regulates the wireless
telecommunication industry through the Telecommunications Act of 1996. Local
jurisdictions ara not permitted to address electrical magnetic emissions, as
related to health issues, in considering land use issues,
Sprint proposes a pine tree design to stealth the proposed 60-foot high
monopole; however, the monopole exceeds the height of the existing pine trees
on the Edison site. Locating the monopole less than 100 feet from multi-family
residences would visually impact the residential development affecting the
aesthetic quality of life in the neighborhood.
Will the proposed use adversely affect the present economic development of
property in the surrounding area.
The economic values of the surrounding properties would be affected by the
proposed project since the 60 foot monopole would be a located less than 100
feet from the multi-family residences and commercial development creating
aesthetic impacts affecting the viability of the surrounding area.
Will the proposed use comply with the regulations and conditions specified in this
chapter for such use.
The project does not conform to the Iocational guideline that encourages a 140-
foot separation between residential land use and e wireless facility. The
proposed lease area is 165 feet from Edison's eastedy property line abutting
Resolution No. 2001-050
Page 3 of 4
residential and approximately 73 feet from residential uses on the south side of _
Central Avenue.
Will the proposed use adversely affect the general plan of the City or any specific
plan applicable to the area of the proposed use.
The project is not in compliance with the goals and policies of the Urban Design
Element that require cellular and similar facilities to be placed so that the facilities
am not detrimental to the aesthetic quality, character and image of the
surrounding area.
Resolution No. 2001-050
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