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HomeMy WebLinkAbout2000-34• RESOLUTION NO.2000-34 Kdo/1 /25/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 00-16 TO ALLOW CONSTRUCTION OF A 64 FOOT WIRELESS COMMUNICATION FACILITY 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. Santa Ana Municipal Code Section 41-198.3(b) requires a conditional use permit for major wireless facilities in the City. B. The Planning Commission held a duly noticed public hearing on October 23, • 2000, on Conditional Use Permit No. 00-16, to allow construction of a 64 foot wireless communication facility at 1306 West Second Street. C. 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. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility that will contribute to the general well being of the neighborhood or the community? The proposed 64 foot tall church steeple will provide a service to the community by assisting Sprint PCS and Pac Bell Wireless in providing additional call capacity and by reducing the gaps in cellular service that is provided to its users, especially for users in the central section of the City. 2. 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? Resolution No. 2000-34 Page 1 of 3 • 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. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed steeple will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The proposed wireless facilities will be located within a new church steeple that has been designed to match the architecture of the existing Johnson AME Church building. 4. 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. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed wireless 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 General Commercial (GC) General Plan designation. Section 2. The Planning Commission hereby approves Conditional Use Permit No. 00- 16 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 23rd day of October, 2000. • Resolution No. 2000-34 Page 2 of 3 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee ette Dep City Attorney 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. 2000-34 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2000. Date: / v ~---- ~I~xSriing C~or>~ir~' sion Secretary C' v of Sa Ana • Resolution No. 2000-34 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 00-16 Conditional Use Permit No. 00-16 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 rip or 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"