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Home My WebLink About31A - CUP - 1441 S VILLAGE WAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2016 -37 TO ALLOW CONTINUED USE OF A 60 -FOOT HIGH WIRELESS FACILITY FOR ATC SEQUOIA LLC AT 1441 SOUTH VILLAGE WAY - THE DERNA GROUP {STRATEGIC PLAN NOS. 3, 2, 5} CITY MANAGER RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: III-0 ❑ As Recommended ❑ As Amended ❑ Ordinance on 19' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -37 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on January 9, 2017 by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -37 as conditioned to renew the entitlements for an existing 60 -foot high major wireless "mono- palm" communication facility located at 1441 South Village Way located in the Specific Development No. 85 (SD -85) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The Derna Group, representing ATC Sequoia LLC., is requesting approval of a conditional use permit (CUP) to renew an existing 60 -foot high major wireless ( "mono- palm ") communication facility located at 1441 South Village Way. Major wireless communication facilities require approval of a CUP pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). The subject site area is currently developed with a mono -palm, communication equipment enclosure, and two live palm trees that assist with camouflaging the mono -palm. As part of this renewal application, the applicant is being required to replace all deteriorated /faded fronds, paint antennas a darker green to match the color of the surrounding palm trees, and replant vines on wrought iron fence and groundcover along the edges of the facility enclosure. Since the subject facility is an existing communication facility, the City is limited to certain modifications under Section 6409(a) of the Middle Class Tax Relief Act. Therefore, this subject facility is exempt from additional structural alterations. However, the City will condition all new communication facilities to comply with an Importance Factor of 1.5, which is the building 31A-1 CUP No. 2016 -37 — ATC Sequoia Wireless Facility at 1441 South Village Way February 7, 2017 Page 2 standard for public safety facilities. This will assure telecommunication facilities are functional and providing cell coverage after a major natural disaster. Full -sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). FISCAL IMPACT There is no fiscal impact associated with this action. ^--- Hassan Hagh ni, AI P Executive Director Planning & Building Agency JG:rb M1Conditional Use Permit \CUP No. 2016 -37 at 1441 S. Village Way \CUP No. 2016 -37.cc Exhibit: A. Planning Commission Staff Report 31A-2 M-1 V ffAm I I i TITILL PUBLIC HEARING - FILED BY THE DERNA GROUP FOR CONDITIONAL USE PERMIT _0�1 ffiri +_fiA*,Wh LL 11-1 W41941W i WLSVOINW1 wo 11iltz, Prepared by _J_qMC. Guevara . . --- �kulvx 61rector Jazwol ina &m kNI 111:4 17—ala roul Maw-11MINNAMUO W, -�- �1 APPROVED 13 As Reconimeudt,,dl • As Amended • Sel PLINIC Hearing For DENIED ❑ ApplicaM's Reque t • Staff R�-(.,*mmendabon CONTINUED TO g Planning Manager/ Adopt a resolution approving Conditional Use Permit No. 2016-37 as conditioned. Executive Summary The Darns Group, representing ATC Sequoia LLC., is requesting approval of a conditional use permit (CUP) to renew an existing 60-foot high major wireless ("mono-palm") communication facility located at 1441 South Village Way, Major wireless communication facilities require approval of a CUP pursuant to Section 41-19&3(1b) of the Santa Ana Municipal Code (SAMC). The subject site area is currently developed with a mono-palm, communication equipment enclosure, and two live palm trees that assist with camouflaging the mono-palm. As part of this renewal application, the applicant is being required to replace all deteriorated/faded fronds, paint antennas a darker green to match the color of the surrounding palm trees, and replant Vines on wrought iron fence and groundcover along the edges of the facility enclosure. Table 1: Project and Location Information Nearest Intersection General Plan Desianation n Ae Mesa Empe-qy Size 15.74 acres Existing Site Development The site contains nine buildings with approximately 274,785 square EXHIBIT A 31A-3 Conditional Use Permit No. 2096 -37 January 9, 2097 Page 2 item Information _ Zoning Code Sections Affected Use Section 4 of Specific Development 85 (SD -85)_- 6evelopment Standards 1A Specific Development 85 (SID -85) 2. Sec. 41 -198 Wireless Communication facilities Attachments Exhibit 1 (Vicinity Map), Exhibit 2 (Location Map), Exhibit 3 (Site Photo), Exhibit 4 (Site Plan), Exhibit 5 (Enlarged Site Plan), and Exhibit 6 Elev_atian) Project [Description The rDerna Group Is proposing to renew the entitlements of an existing 60-foot high mono -palm wireless communications facility. This facility currently provides cellular coverage and call capacity to the East area of the Qty. "rho mono -palm tower was designed to Incorporate fronds that extend four Feet above the top of the panel antennas. The wireless communication facility equipment and antennas are located within a 300- square foot area that is enclosed by a six -foot high metal fence and is located at the rear (southeast corner) of the property. In addition, the mono -palm is surrounded by two paIrn trees that assist with camouflaging the stealth facility, At this time, no new or additional antennas or equipment are being proposed by the applicant. Table 2: IDevelooment. Standards Standards Re uired by SAMC & SD -85 Provided 25 feet Front Setback 20 feet Side or Street -Side Setback 2ti feet 20 feet — Rear Setback -- 20 feet 20 feet -- Maximum Facility Hemght — 60 feet 60 feet Stealth t7esign — Concealed Structure _Arses Mono - Palm___ -- . Site Location that will minimize aesthetic The facility is located at the rear of intrusion the property ( southeast corner) and is only visible from the 5P. -55 Landscaping A twenty -four (24) inch box tree The site currently has three (3) and groundcover trees but the groundcover has died . over the years. As part of this application, the applicant Will _-replantfiherequredcgroimdcover Equipment Screening trines on the wrought iron fence Applicant will replant vines can the existing wrought iron fence as part of this a licatlon, 31A-4 Conditional Use Permit No. 2016-37 January 9, 2017 Page 3 In January of 2000, the Planning Commission approved Conditional Use, Permit No. 1999-26 to allow the construction of the subject mono-palm and equipment enclosure. Pursuant to SAMC Section 41-198.3(3), a CUP is required for all major wireless communications facilities in the City. Furthermore, Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed five years. Since the adoption of the City's Wireless Communication Facilities Ordinance, Federal actions have changed and now require that cities approve wireless facilities for a period of not less than 10 years. Since the ourrent facility Is now over 10 years old, the applicant is required to apply for a new CUP in order to maintain entitlements for the wireless facility current. Protect Analysis In July of 1998, the City Council adopted Ordinance No. NS-2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as this ATC Sequoia LLC, communications facility are required to have a stealth design and to be located In an area that provide the greatest amount of visual screening. The existing wireless communication facility was designed as a mono-paim that exhibits consistency in tree size, character and color to that of the surrounding vegetation and it is located within a gated [eased area. In addition, the wireless facility is surrounded by mature palm trees and Is at the furthermost edge of the property (southeast comer) and only visible off the Costa Mesa Freeway (SR-56), The stealth fronds of the facility remain in place; however, sorne fronds and antenna panels have faded since the facilities construction 16 years ago. As part of this application, the applicant will replace all fronds that have deteriorated and will paint all antennas (a darker green) to match the color of the fronds of the surrounding palm trees, In addition, the applicant will replant vines on the existing wrought iron fence and groundcover as required per CUP No. 1990-26, Pursuant to provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1456(a)], local agencies are preempted from requiring additional screening or stealthing of the facility if such screening or stealthing was not required at the time of original construction. Staff believes that replacement of the existing fronds and replanting of vines and groundcover will enhance the appearance of the mono-palm and is in accordance with the Middle Class Tax Relief Act. Furthermore, this location is optimal to provide the coverage necessary for existing and expanding service. The existing facility will continue to provide a benefit to Santa Ana residents, businesses and motorists who subscribe to ATC Sequoia LLC.'s services by continuing cellular and data coverage in the area- The facility wIll be 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). 31A-5 Conditional Use Permit No. 20'161 -37 January 9, 2017 Page 4 Finally, 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 SAMC and Specific Development No. 85 (SID -85). The 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. -. a F — &E QA. Strategic flan Alignment and Public KO ifIcation & Gammuni Clutreach ��- CEQA CEQA Type General Rule Section 15061 b 3 DocuMe a General Rule Exemption ER No. 2Q16 -101 L _ _. —seen Reason(s) Exempt This exemption applies to projects where it can !a� with certainty that or Analysis there is no possibility that the activity in question may have a significant effect on the environment. This is an existing wireless communication facility and no alterations are being proposed at this time. Furthermore, the facility will comply with FAA and FCC re ulations. Strategic fan Alignment -G- oal 3 (Economic Development) T - Goal6 and Policy(s) 1. Objective 2 (create new opportunities for businesafjob growth and encourage private development through new General Plan and Zoning Ordinance policies) 2. Objective 5 (leverage private investment that results in tax base expansion and job creation citywide). Public Notification &:Community Outreach Required Measures A_puhUc noticed was posted on the pr4jppt sste on December 27 2Q1t_r- -- t otificatio-n'by mail were mailed to all property owners and occupants within 500 Peet of the project site on December 29, 2016 Newspaper posting was published in the Orange County Reporter on 'December 3it,2016 The sub eot site is not located avithin the boundaries of a neighborhood asscciation RM `- n the anal y i provided within this report, staff recommends that the Planning Commission Condition I se Permit No 2016 -37 as conditioned. I JG:jm K9 Condilional Us¢ PemikkCUP No. 2016 -37 at 1441 S. Villaga wa'CUP No. 2016 -37.Pc 31A-6 Conditional Use Permit No, 2016-37 January 9, 2017 Page 5 Attachments: Exhibit I — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Enlarged Site Plan Exhibit 6 — Elevations 31A-7 R4 , Ml NN ; ml Al C { L 1 Mt All Nm 9 MI 4 t I( y ml _ ml .` JwpsNIG 1 Mi 511 -eN srA - €a 51a•ee LU11 {4LN ?°4. �P hit M7 SO.69 Fn,r° Sts -tFl 11� k4 ryf 57 -n9 5A1 SD169 td GYYiellrtt d• NLIG{IR1 c Sbeit, 1, fl545(REkl CK1Mt1v h4uw0jCt I P Iv 10 GGYELGPMEMI g fn9NlmI MOD"KAt @H - RX)RARAWD IQ'"lu N.iiNHE]ORFY] ML G:'t�J,9['11E °fi C CWYNNIFY CChMMEIAL GC GCYC'nHMENPCFNfli Rt wo,F MIAIN fiCA1NENL C I Mn Ci,'RJjAdNW C6 iK1Jnid41U°$ArA IIMMCT im 06111"Mmi1IN. P5 IWO MkIl'Y 0'1MM'll1 Cz CANHIAI.(KAIM69vnL M! KAVM> LWAINL R1 NWLPRL{AMUY R MIDENCL 0 crimla U.8JM[SS mo 4111TARYUPEih1tINN5 Ri RlaUAM APARTMENT CIA CENRA.L 8JNNE55d- Pi173i VIL.AG- C+ OPEVIN9 @F 91,9I7NrIM1I MATE CA I'.kPIHEP9h'G'P"YdF{•.P4iPP 114 OftHIAI'A]Nk GG 1Pt HG ULYUc3MINI c5 hKIIIIl4'. W%%WILI11 P PAORGSICtChL IP 3fFCPiL PLAia CA 00.09 lCAL ki61LY1N10A. PCU PIANNEU CNAMNIT'e[1EtTMWf,YT CCU 2016 -37 (& MONO -PALM WIRELESS FACILITY 14.41 SOUTH VILLAGE WAY � _ SUU FEET t' =tUUOFEEF P L A N N I N G h N ti N U I _G— 0 I N G R G E N_ C Y VICINITY MAP EXHIBIT i 31A-8 EJRN G61TI4 Y17R. Wilni p' Volvo wl z wainmolrrsealth a V%V Zs d a ` 41iY9Nt x Intlusvixl MENGER NAME °a IN D9 ;T R I R i. Honda UP 2016-37 (& MONO -PALM WIRELESS FACILITY 1441 SOUTH VILLAGE WAY h y� L d 45 'p. N N 1 N G N Q & 1,1 I — -G I N G A G E N LAND USE MAP EXHIBIT 2 31A-9 CLIP 20101 -37 MONO -PALM WIRELESS FACILITY 1441 SOUTH VILLAGE WAY EXHI @IT 3 SITE PHOTOS 31A -10 I 0 Y. .._ 0VERALL8[TLFLAN s, q w: Al ".aT I CUE 2016 -37 MONO -PALM WIFELESS FACILITY 1441 SOUTH VILLAGE WAY EXHIBIT 4 SITE PLAN 31A-1 1 0'15 Th'I'; (,'R , A Vii _4 -AC EXiS TiNG CONCRETE FIA(.) (To--' ) LA',eSDNt,, nTA,, �V�L Ql I L0AfJhVG T(J I(, L DETAILED SITE PLAN 0 10, 20' SCALE, 1'=10'(lIX17) I (22X3A) CUP 2016-37 MONO-PALM WIRELESS FACILITY 1441 SOUTH VILLAGE WAY EXHIBIT, ENLARGED SITE PLAN 31A-12 it I 1 DWER ELEVATION - :Z.- CUP 2016-37 MONO-PALM WIRELESS FACILITY 1441 SOUTH VILLAGE WAY EXIMBIT 6 ELEVATION 31A-13 �*Y.Amr.711•I:.xADI VEll A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -37, AS CONDITIONED, TO ALLOW CONTINUED USE OF A 60 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 1441 SOUTH VILLAGE WAY 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 Derna Group ( "Applicant "), representing ATC Sequoia LLC., is requesting approval of Conditional Use Permit No. 2016 -37 to renew the entitlements of an existing 60 -foot high mono -palm major wireless communications facility located at 1441 South Village Way. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41- 198.10, a conditional use permit (CUP) 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 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 January 9, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -37. 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 Applicant's providers by providing cellular service and data coverage for its users. Resolution No. 2017 -01 Page 1 of 5 31A -14 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 1441 South Village Way 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 as a mono -palm 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 - palm 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 with the goals and objectives of the City's 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 Resolution No. 2017 -01 Page 2 of 5 31A-15 integrity as well as mitigation of development impacts. The mono - palm'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 -101 will be filed for this project. H. In accordance with the California Building Code Section 3108, the subject telecommunication facility shall be designed, constructed, and /or maintained in accordance with the provisions of TIA -222, which is a set of nationally recognized standards for the constructions of telecommunication and broadcast towers. 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 -37 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1441 South Village Way. 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 January 9, 2017, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2017 -01 Page 3 of 5 31A -16 ADOPTED this 9th day of January, 2017. AYES: Commissioners: Alderete, Bacerra, Contreras -Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: 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. 2017 -01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 9, 2017. Date: Acting Recording Secretary City of Santa Ana 31A -17 Resolution No. 2017 -01 Page 4 of 5 EXHIBIT A Conditions of ADDroval for Conditional Use Permit No. 2016 -37 Conditional Use Permit No. 2016 -37 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 protected in place while any required improvements are installed 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 and /or faded stealth fronds shall be replaced and all antennas shall be painted a darker green to match the frond color of the surrounding palm trees. 7. Replant drought tolerant vines on wrought iron fence and groundcover along the edges of the facility. 8. Applicant acknowledges and agrees that the permit is expressly conditioned on the applicant maintaining the subject property in a well- maintained condition, including the surrounding landscape. 9. Conditional Use Permit No. 2016 -37 expires 10 years from the date of City Council approval. Resolution No. 2017 -01 Page 5 of 5 31A -18