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HomeMy WebLinkAboutRESO 2015-40_1029EFourthLS 12.8.15 RESOLUTION NO. 2015 -40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -20 AS CONDITIONED FOR A MAJOR WIRELESS FACILITY AT THE PROPERTY LOCATED AT 1029 EAST FOURTH 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. Applicant is requesting approval of Conditional Use Permit No. 2015 -20 to allow a 60 -foot high major wireless communication facility at the property located at 1029 East Fourth Street. B. Santa Ana Municipal Code Section 41- 198.3(b) requires approval of a conditional use permit for the installation of major wireless facilities. C. On December 14, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -20. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -20 to allow for a major wireless facility: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The project will continue to provide a service or facility which will contribute to the community. The major wireless communication facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon's services by providing cellular service and data coverage for its users in the center city sector of Santa Ana. The issuance of a new conditional use permit will allow the provider to provide a service to the surrounding community. 2. That the proposed use will not, 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. 2015 -40 Page 1 of 6 The issuance of a new conditional use permit for the facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The mono - eucalyptus, in conjunction with the onsite landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the monopole's location at the rear of the site and site enhancements will maintain and increase the economic stability for this commercial and industrial area by providing an additional service for business owners, workers, and residents in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility will be stealthed by its design and surrounding landscape improvements and will comply with other standards outlined in the SAMC. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The major wireless communication facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed mono - eucalyptus. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The monopole's location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages Resolution No. 2015 -40 Page 2of6 land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15303. The Section 15303 (Class 3) exemption consists of the construction of small structures. The proposed application is to approve a conditional use permit to allow a major wireless facility on a property that is already served by public services and facilities, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2015 -38 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -20 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1029 East Fourth Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 14, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14t' day of December, 2015. AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -40 Page 3 of 6 Ja es Gartner airperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Y• Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY WON I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -40 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 14, 2015. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -40 Page 4 of 6 EXHIBIT Conditions of Approval for Conditional Use Permit No. 2015 -20 Conditional Use Permit No. 2015 -20 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this approval. 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. Planninq Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2015 -17). 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 proposed facility shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot wireless facility. 4. The proposed mono - eucalyptus shall be constructed per the following specifications: a. Show the location of the GPS antenna on all elevations. b. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. c. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. d. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. Resolution No. 2015 -40 Page 5 of 6 5. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 6. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e -mail address of that person shall be provided to the City's designated representative upon activation of the facility. 7. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 8. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 9. Any dead or missing landscaping along the project site's frontages on East Fourth Street shall be replaced or restored. 10. Any damage to existing structures, walls, parking areas, or landscaping must be repaired before release of utilities or issuance of final occupancy. 11. Conditional Use Permit No. 2015 -20 expires 10 years from the date of City Council approval. Resolution No. 2015 -40 Page 6 of 6