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HomeMy WebLinkAbout2000-35• Kdo/1 /24/02 RESOLUTION N0.2000-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA FOR RELIEF FROM THE PROVISION OF THE CODE LIMITING THE HEIGHT OF WIRELESS COMMUNICATION FACILITIES TO ALLOW CONSTRUCTION OF A 64 FOOT CELLULAR ANTENNA IN A CHURCH STEEPLE LOCATED AT 1306 WEST SECOND 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. The Planning Commission held a duly noticed public hearing on October 23, 2000, on Variance No. 00-08, for relief from the code limiting the height of . wireless communication facilities at 1306 West Second Street. B. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 00-61 was filed for this project. C. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 height limits of the Wireless Communication Facilities Ordinance is intended to control the height of freestanding monopoles and reduce their visual and aesthetic impacts to the community. In order to allow the co-location of two wireless providers, the height of the church steeple needs to exceed the allowable height to avoid signal interference between the two systems. • 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2000-35 Page 1 of 3 • The granting of the height variance will allow Sprint PCS and Pac Bell Wireless the ability to provide cellular coverage in an area lacking adequate service. Additionally, approval of the variance will allow building and landscaping improvements to be made to the church property that otherwise would not be made. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The variance for the height of the church steeple will not be detrimental to the surrounding area, as the structure has been architecturally designed to be compatible with the existing church building. Additionally, the steeple will serve as a landmark for the church and surrounding community. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of General Commercial (GC) allows the installation of wireless communication facilities. • Section 2. The Planning Commission hereby approves Variance No. 00-08 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 23rd day of October, 2000. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee ette Deput ity Attorney • Resolution No. 2000-35 Page 2 of 3 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Cribb, Mondo, Nalle, Solorio (4) None (0) Doughty, Richardson, Verino (3) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2000-35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2000. Date: ~ ~ Secretary City'of San~a'Ana • • Resolution No. 2000-35 Page 3 of 3 • Conditions for Approval for Variance No. 00-08 Variance No. 00-08 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with 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 revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements from the Development Review Committee for the development project (DP No. 00- 22 ). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if • administrative relief is available or the conditional use permit must be amended. 3. The exterior finishes on the steeple must be provided on all four sides of the structure. 4. The church structure must be repainted to match the color of the church steeple. • EXHIBIT "A"