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HomeMy WebLinkAbout2000-26• RESOLUTION NO. 2000-26 Kdo/1 /24/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 00-10, TO ALLOW AN EQUIPMENT BUILDING AND PARKING FOR A CELLULAR STATION LOCATED AT 417 WEST WARNER AVENUE r~ ~J 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 Mitigated Negative Declaration and the Mitigation Monitoring Program for Environmental Review No. 99-172 and Conditional Use Permit No. 2000-10 came before the Planning Commission of the City of Santa Ana for a public hearing on July 10, 2000. B. Santa Ana Municipal Code Section 41-424.5(d) requires a conditional use permit for a utility use in the C5 zoning district. C. Santa Ana Municipal Code Section 41-611(a) requires a conditional use permit for parking in the R1-B zoning district. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility that will contribute to the general well being of the neighborhood or the community? • The AT&T facility will provide a communication service to the community since the existing facility is at maximum capacity, the proposed facility will accommodate future telephone service loads This facility will be generally unmanned and will be monitored remotely 24 hours a day. A noise study initiated by the applicant indicates the normal operation of the facility would be within acceptable levels according to the City's Noise Ordinance. Because the study was based on equipment specifications, anew noise study will be conducted after the facility is built prior to occupancy to verify the noise study conclusions and determine if additional Resolution No. 2000-26 Page 1 of 4 • sound remediation is required to maintain the general well being of the neighborhood. In an emergency, a generator will be activated to maintain service operation. The generator used only under emergency conditions would exceed the City's noise standard. However, the Noise Ordinance exempts any mechanical device or equipment related to or connected with emergency operations. 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? The proposed use will not negatively impact the health or safety of persons working or living in the area because the proposed project meets the R1 B and C5 zoning district requirements as well as the Commercial Development Standards for setbacks, landscaping and parking. The equipment facility will be a concrete block single story building. The only hazardous materials involved in the operation are batteries in the switching equipment. Within the building, curbs will be installed for containment purposes in accordance with State Building and Fire Codes. • 3. Will the proposed use adversely affect the present economic development of property in the surrounding area? Currently, the site is a vacated vehicle sales business with detached repair bays in the northerly section of the property. The proposed use of the property is compatible with the industrial and commercial land uses on Warner Avenue. The building will meet the 20 foot landscaped setback on Van Ness Avenue per the R1 B requirements and the 15 foot landscaped setback on Warner Avenue per the C5 requirements. The R1 B allows parking, as proposed, in the northerly section of the property with an approved conditional use permit. The proposed use is compatible with the uses in the area and redevelopment of the site will improve the economic viability of the site and the surrounding properties. 4. Will the proposed use comply with the regulations and conditions specified in this chapter for such use? The proposed utility use is permitted in the Arterial Commercial (C5) zoning district with the approval of a • conditional use permit and the R1 B zone allows the proposed parking with an approved conditional use permit. Resolution No. 2000-26 Page 2 of 4 • The project meets the Code required setbacks, landscaping and parking. With the approval of Conditional Use Permit No. 00-010 the proposed project will comply with the City's regulations and conditions. 5. 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 land use designation for the subject property is General Commercial and the proposed utility use is compatible with the General Plan's Land Use Element Goals and Policies for the community. These goals and policies encourage development which is compatible with and supportive of surrounding land uses; as well as development that is harmonious in scale and character with existing development in the area (LUE Goal 5.0, Policy 5.5 and Goal 2.0, Policy 2.9). Goal 4 and Policy 4.3 address the support of land uses that provide community and regional economic and service benefits. The proposed utility facility is consistent with the development on Warner and compatible with the residential north of the site; the facility will also provide a service to Santa Ana residents and business community. Therefore, the proposed project is consistent . with the General Plan's direction. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c}(1 ), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and • Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Resolution No. 2000-26 Page 3 of 4 • Section 3. After conducting the public hearing, the Planning Commission hereby approves and adopts the Mitigated Negative Declaration and Monitoring Program for Environmental Review No. 99-172. Section 4. The Planning Commission hereby, approves Conditional Use Permit No. 00- 10 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 10th day of July, 2000. '~Tenr~llondo Chairpe on APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~, ____ • ~ ~ Kylee' Odette Deputy City Attorney AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, Richardson (6) None (0) Verino (1) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2000-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 10, 2000. . Date: G l nning Ciyof S lion Secretary Ana Resolution No. 2000-26 Page 4 of 4 • Conditions for Approval for Conditional Use Permit No. 00-10 Conditional Use Permit No. 00-10 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. Conditions of Approval A. Planning Division Comply with all conditions and requirements of the Development Review Committee (DRC) for the development project (DP 99-95). 2. Comply with all conditions of the Mitigated Negative Declaration • Environmental Review No. 99-172. 3. Testing of the emergency equipment can only occur during daylight hours. (Modified by Planning Commission July 10, 2000). 4. The tree size must be a minimum of 36-inch box. (Modified by the Planning Commission July 10, 2000). • EXHIBIT "A"