HomeMy WebLinkAboutRESO 2015-41_601SSantaFeLS 12.14.15
RESOLUTION NO. 2015 -41
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2015 -23 AS CONDITIONED FOR THE
PROPERTY LOCATED AT 601 SOUTH SANTA FE
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 -23 to
allow a 57 -foot high major wireless communication facility at the property
located at 601 South Santa Fe 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. SAMC Section 41- 198.13 states that major wireless communication facilities
shall be approved for a period not to exceed five years, although subsequent
State legislative acts have required that such facilities be approved for a
period not to exceed 10 years.
D. As the current facility is now over 10 years old, the applicant is required to
apply for a new CUP in order to maintain the current facility.
E. On December 14, 2015, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2015 -23.
F. 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 -23 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
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 Sprint's
Resolution No. 2015 -41
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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
continue 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.
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 -palm, in conjunction with the onsite improvements,
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 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
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Element. Goal 1 promotes a balance of land uses to
address community needs, which includes means of
communication that will be served by the mono -palm. In
addition, Goals 3 and 5 require preservation of neighborhood
character and integrity as well as mitigation of developments'
impacts. The mono - palm's location minimizes visual impact
on the area and assists with the stealthing of the equipment.
Further, Policy 2.2 encourages 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 (CEQA) the
recommended action is exempt from CEQA per Section 15061(b)(3). This
exemption applies to projects where it can be seen with certainty that
there is no possibility that the activity in question may have a significant
effect on the environment. The project proposes to renew an existing
major wireless facility through the issuance of a new CUP. No expansion
of square footage or physical land disturbances are proposed as part of
the project. Categorical Exemption Environmental Review No. 2015 -74
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 -23 as conditioned
in Exhibit A, attached hereto and incorporated herein, for the project located at 601
South Santa Fe 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.
Resolution No. 2015 -41
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ADOPTED this 14th day of December, 2015.
AYES: Commissioners: Bauer, Gartner, Mill, Verino (4)
NOES: Commissioners: Bacerra (1)
ABSENT: Commissioners: Alderete (1)
ABSTENTIONS: Commissioners: None (0)
s
Jes Gartner
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By; C
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2015 -41 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on December 14, 2015.
Date: /a /cl Z /S
QvAtl hpVW4-
Planning Commission Secretary
City of Santa Ana
Resolution No. 2015 -41
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Conditions of Approval for Conditional Use Permit No. 2015 -23
Conditional Use Permit No. 2015 -23 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 rip or 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. Planning Division
1. The applicant must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No.
2015 -32).
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 57 -foot wireless facility.
4. 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.
5. 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.
6. 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.
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7. Any damage to existing structures, walls, parking areas, or landscaping
must be repaired before release of utilities or issuance of final occupancy.
8. Conditional Use Permit No. 2015 -23 expires 10 years from the date of City
Council approval.
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