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HomeMy WebLinkAbout2001-31• BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2001-22 TO ALLOW A 58-FOOT HIGH WIRELESS COMMUNICATION FACILITY AT 2701 WEST FIFTH STREET C7 Section 1. The Planning Commission does hereby find, determine and declare as follows: A. Conditional Use Permit No. 2001-22 has been filed with the City of Santa Ana seeking to allow a 58-foot tall major wireless communication facility located at 2701 West Fifth Street on the grounds of the Spurgeon Intermediate School, in the City of Santa Ana, as a conditional use. 6. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. C. The Planning Commission held a duly noticed public hearing on July 9, 2001, for Conditional Use Permit No. 2001-22. Section 2. The Planning Commission approves Conditional Use Permit No. 2001-22 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. The Planning Commission makes and adopts the written findings of fact attached hereto as Exhibit "B" and incorporated herein, in rendering its decision to approve Conditional Use Permit No. 2001-22. RESOLUTION NO. 01- 31 ADOPTED this 9th day of Julv , 2001 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Commissioners: 5 Cribb, Doughty, Leo, Mondo, Nalle, Commissioners: 0 Commissioners: 2 Commissioners: 0 Richardson, Verino • • ATTEST: ~~ Laura Jo Secretary to the Planning Commission APPROVED AS TO FORM: ~,c~~~.~.~.1~w-.._ Christopher G. Norman Assistant City Attorney • • • EXHIBIT "A" CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001-22 Conditional Use Permit No. 2001-22 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior 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. A. Plannino Division 1. The applicant must comply with all conditions and requirements from the Development Review Committee for the development project (DP No. 00- 89). 2. Any amendment to this conditional use permit must be submitted to the • Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. ~~ U • EXHIBIT "B" FINDINGS OF FACT FOR CONDITIONAL USE PERMIT NO. 2001-22 A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed 58-foot tall cellular facility at the Spurgeon Intermediate School will provide enhanced service for customers of Sprint PCS in the west-central portion of Santa Ana. Additionally, the monopole will aid in reducing the gaps in digital cellular service to its users especially for those users traveling on Fairview Street, a major arterial, and in the surrounding industrial area. B. 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? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal • Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopole will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopole has a stealth design that will maintain the appearance of a light standard. In addition, due to its location on a school site, it is not expected to create any adverse economic impacts for the surrounding properties. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to be in compliance with the regulations and conditions identified in Chapter 41 for a major wireless facility. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole 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 Institutional (INS) General Plan designation. •