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HomeMy WebLinkAboutRESO 2016-42_2700 S Fairview St (SBA Wireless Facility)LS 11.28.16 RESOLUTION NO. 2016-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-27, AS CONDITIONED, TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 2700 SOUTH FAIRVIEW 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. 2016-27 to renew the entitlements of an existing 60 -foot high major wireless communications facility disguised as a pine tree located at 2700 South Fairview Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-198.10, a conditional use permit is required for major wireless communications facilities established in the City of Santa Ana. C. SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed five (5) years, although subsequent State legislative acts have required that such facilities be approved for a period of not less than ten (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 entitlements of the facility current. E. On November 28, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-27. F. 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 which will contribute to the general well being of the neighborhood or the community? The existing 60 -foot high wireless communications facility will continue to provide a service and contribute to the community. The facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to Resolution No. 2016-42 Page 1 of 5 Applicant's providers by providing cellular service and data coverage for its users, especially for those users traveling within the southwest sector of Santa Ana. 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 issuance of a conditional use permit to re -entitle this existing wireless communication facility located at 2700 South Fairview Street will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. Furthermore, Federal law exempts local jurisdictions from regulating health related issues as these issues are covered by Federal laws. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The existing wireless facility was designed to be disguised as a pine tree to complement the existing landscape and will not adversely affect the economic viability of the surrounding area. The location of the facility to the rear of the property will maintain the economic stability for this commercial and industrial area by continuing to provide a service for businesses, owners, workers, and residents in the area. 4. Will the proposed use 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 in Chapter 41 (Zoning Code) of the SAMC. The existing wireless communication facility was designed as a mono - pine that exhibits consistency in tree size, character and color to that of the surrounding vegetation and it is located within a gated leased area and the ancillary electrical equipment cabinets are screened by landscape. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The wireless facility will not adversely affect the intent of the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent Resolution No. 2016-42 Page 2 of 5 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 mono -palm. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of development impacts. The mono -pine's location minimizes visual impact on the area and assists with the screening 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. G. 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. 2016-102 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 sole 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. 2016-27 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2700 South Fairview Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 28, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2016-42 Page 3 of 5 ADOPTED this 28th day of November, 2016. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Mendoza, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) L/y✓w3 v��1 tc o Ly�iii ette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-42 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 28, 2016. Date: 1114 8/) 6 Acting Recording Secretary City of Santa Ana Resolution No. 2016-42 Page 4 of 5 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2016-27 Conditional Use Permit No. 2016-27 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 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 the revocation of the conditional use permit. Planning Division 1. 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. 2. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be well maintained for the 60 -foot wireless facility. 3. 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. 4. 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. 5. 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. 6. All deteriorating stealth fronds shall be replaced. 7. Conditional Use Permit No. 2016-27 expires 10 years from the date of City Council approval. Resolution No. 2016-42 Page 5 of 5