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Home My WebLink About31A - CUP - 2961 W MACARTHUR BLVDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2016 -26 TO ALLOW CONTINUED USE OF A 55 -FOOT TALL WIRELESS FACILITY FOR ATC SEQUOIA LLC LOCATED AT 2961 WEST MACARTHUR BOULEVARD - GREGORY MERCIER, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5) 16e. ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -26 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on March 27, 2017 by a vote of 6:0 (Alderete absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -26 as conditioned to renew an existing 55 -foot high major wireless facility disguised as a mono -pine located at 2961 West MacArthur Boulevard located in the Light Industrial (M -1) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Gregory Mercier, representing ATC Sequoia LLC, is requesting approval of a new conditional use permit (CUP) for an existing 55 -foot high major wireless communication facility ( "mono- pine ") at 2961 West MacArthur Boulevard. As part of this renewal application, the applicant will install 24 additional branches to the existing mono -pine to enhance its appearance as requested by the Planning Commission during the project's initial public hearing held on November 28, 2016. The 24 new branches will be installed to conceal the tower and antennas. Equipment for the wireless facility will continue to be contained within an enclosure that measures approximately 12 feet by 19 feet for a total of 228 square feet; no changes to this component are proposed at this time. This enclosure is located at the rear (northwest) of the existing building, while the mono -pine itself will remain in its current location within the enclosure at the rear of the building. An existing, mature tree will remain adjacent to the facility to assist with stealthing, with other vegetation planted along the perimeter of the equipment enclosure to remain. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 CUP No. 2016 -26 — ATC Sequoia Wireless Facility at 2961 West MacArthur Boulevard April 18, 2017 Page 2 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 standard for public safety facilities. This will assure telecommunication facilities are functional and providing cell coverage after a major natural disaster. 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. titit�p Hassan Hagha , AIC Executive Director Planning & Building Agency EM:rb M1Projects \CUP16 -26 ATC Sequoia Mono - Tree.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 27, 2017 TITLE: (STRATEGIC PLAN NOS. 3, 2; 3, 5) Prepared by Escarlet Mar el' Exec ve Dir or PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED Zoning Designation ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO _c''' —° - -- Planning M n r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2016 -26 as conditioned. Executive Summary Gregory Mercier, representing ATC Sequoia LLC, is requesting approval of a new conditional use permit (CUP) for an existing 55 -foot high major wireless communication facility ( "mono- pine ") at 2961 West MacArthur Boulevard. Major wireless communication facilities require approval of a CUP pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). As part of this renewal application, the applicant will install additional branches to the existing mono -pine to enhance its appearance as requested by the Planning Commission during the project's initial public hearing held on November 28, 2016. Table 1: Project and Location Information Item '_ Information Project Address 2961 West MacArthur Boulevard Nearest Intersection Fairview Street and MacArthur Boulevard General Plan Designation Industrial (IND) — Zoning Designation Light Industrial (M -1) Surrounding Land Uses North Industrial East Commercial South Industrial West Industrial Property Size 6.02 acres Existing Site Development _ The site contains four buildings with approximately 38,679 square feet of industrial, warehouse, and office uses. Use Permissions Allowed with a conditional use permit (CUP). Zoning Code Sections Affected Use SAMC Section 41 -198.3 b Operational Standards SAMC Section 41 -198 (Wireless Communication Facilities) EXHIBIT A 31A-3 CUP No. 2016 -26 March 27, 2017 Page 2 Protect Description In addition to the applicant's request for a new CUP, the existing tower will be refurbished to enhance its stealth appearance. New branches will be installed to conceal the tower and antennas. Equipment for the wireless facility will continue to be contained within an enclosure that measures approximately 12 feet by 19 feet for a total of 228 square feet; no changes to this component are proposed at this time. This enclosure is located at the rear (northwest) of the existing building, while the mono -pine itself will remain in its current location within the enclosure at the rear of the building. An existing, mature tree will remain adjacent to the facility to assist with stealthing, with other vegetation planted along the perimeter of the equipment enclosure to remain. Table 2: Development Standards Stan`tards ` ;Eiequir ®;d by RAMC" P,�ovsdad' .. " "" , , ., Screening Criteria A stealth facility Mono- ine Site Selection Areas that will minimize aesthetic The facility is located at the rear intrusion (northwest) of the property away from sensitive land uses Height Criteria Not to exceed 60 feet in height 55 feet from ground level as measured from the nearest street curb Landscaping Groundcover at the base of the The site currently has two (2) facility and one twenty -four (24) mature trees but the groundcover inch box tree has died over the years. As part of this application, the applicant will replant the required roundcover. Equipment Screening Decorative fencing such as Complies; a 7 feet metal fence wrought iron or block around the provided on -site wireless facility Project Background In July 2007, the Planning Commission approved Conditional Use Permit No. 2007 -14 to allow construction of the subject mono -pine and equipment enclosure. Since its construction, the facility has provided cellular coverage to the immediate area. 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. As the current facility is reaching its 10 years, the applicant is required to apply for a new CUP in order to maintain the current facility. 31A-4 CUP No. 2016 -26 March 27, 2017 Page 3 On November 28, 2016 the Planning Commission held a public hearing for Conditional Use Permit No. 2016 -26 for the subject facility. After a discussion, the Planning Commission recommended that the applicant provide additional branches to help stealth the existing facility. The applicant elected to provide a total of 24 new branches similar to the existing branches in order to help give mono - pine a fuller and healthier look. The item was scheduled to return to the Planning Commission on January 23, 2017 in order to discuss the new improvements but was then continued to a date uncertain. Proiect Analvsis In July 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 the ATC Sequoia LLC facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Staff has reviewed the applicant's request to operate a major wireless communication facility at this location. In analyzing the conditional use permit request, staff believes that the following analysis warrants staff's recommendation of approval for the conditional use permit. As part of the development review of the project, staff worked closely with the applicant to identify improvements to enhance the overall appearance of the site. These improvements include maintenance of existing landscape to comply with SAMC standards. Pursuant to provisions contained within Section 6409(x) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(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. However, following the Planning Commission hearing on November 28, 2016 the applicant has agreed to construct additional Improvements to the mono -pine by adding 24 additional branches to the existing mono -pine to enhance its appearance. This location is optimal to provide the coverage necessary for existing and expanding service. The proposed facility will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to ATC Sequoia LLC services by expanding cellular and data coverage in the area. The proposed 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). 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. 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. 31A-5 CUP No. 2016 -26 March 27, 2017 Page 4 Table 3: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification &'Community Outreach CEQA CEQA Type General Rule [Section 15061 (b) (3)1 Document Tye General Rule Exemption (ER No. 2016 -78) Reason(s) This exemption applies to projects where it can be seen with certainty that there is Exempt or Analysis no possibility that the activity in question may have a significant effect on the environment. This is an existing major wireless communication facility and no expansion of square footage or physical land disturbances are proposed as part of the project. Strate ic`P,,lan Alignmer Goal(s) and Approval of this item supports the City's efforts to meet Goal No.3 (Economic Policy(s) Development) Objective No, 2 of creating new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies. As well as Objective No. 5 that leverage private investment that results in tax base expansion and job creation citywide. Public Notification.& Communit',Qutreach Required Measures A public noticed was posted on the project site on March 17, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on March 17, 2017. Newspaper posting was published in the Orange County Reporter on March 17, 2017, Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -26 as conditioned. EM:jm M.Trojectt =Pt 6 -26 ATC Sequoia Mono- Tree.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations /Photo Simulations 31A-6 SGCfRSTROM AV F M7 II II it IL- M7 ml .�� MI I M1 Mi AI 3 K � � m M7 < a __ K M1 M7 ijw cs t ligii nt.rnn Fc,7 R" IIR Ml M1 nz.Aau € M7 MI MI ICa R3 SO-- 58 lTC1T[ cs AI RI 1 M'I R � m Nil "' m B0-98 M7 SD -74 _ R1 ' C7 RI Al ml CINJ LACRCUUUPALI CR DONMIMALf DWAL m SNWRMIMESO IAL .8 FARUNGM0DlnC00N CC GOWNMiENTMTI i P2 PA9 FAMILYFESU.NCL ODA OOMMMALSDJ MAIN M1 UO+RINDUSITAAL F3 MUL111 -MNSNMULIIP.E CI CQMMUNIIYCOMMEMAL M2 HEAVVINDUS AL FAMILYREBDENOE 01-MD C MXOMMCMAUMUSa1MDISRZOF MO MUTARl OFHe1110NS PA WBUFPANAMRIMSIB C8 GENMR LMMMUUAL 0 O ,IFACE la= FUIDINIIALEWTE C3 CE1,ML8USN6i P FROFMONAL S7 G--mmc EVF cmwT CtA aNTPALBUSNE5 1111 FMIAGE IM RANNMOOMMUNINDEVBMIENT 51 3r FGFl N CA RANN®SAORNGUAMR Rm RANNOW3DWALDP/AONIENT C5 A911RALWAMQiMAL CUP 2016 -26 (� w� k 7n�{ CALVARY CHAPEL MONOPINE RENEWAL pip G° Y x 2961 WEST MacARTHUR BOULEVARD — = Soo FEET T' = 11700 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-7 M U L T I- F M I L Y R S 1 DEN (. E CUP 2016 -26 CALVARY CHAPEL MONOPINE RENEWAL p� 2961 WEST MacARTHUR BOULEVARD P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 I ly- gyIda 2113 U ,t�`` TS�d1�Y §�i IQ h d"��h ip_� r I x i i ' Inrrrrrrrm..ir, t 1 Y Y i pp Y — } q I '� 1 HIBIT 4 _00 s a �wN e J e TY O I 1� ; �$Ebw� ygq�ql'361! R i� a �5 0 N Ip �V EXHIBIT 5 Sm n All NS Z yyd- ,d i _. �. .t Ip �V EXHIBIT 5 Sm 4Ruh S .' S12P �i�gSP$�eV� r Y 77% gg Y1 p4IM�i 9e3li.el�� I OUR fl r Y 77% gg Y1 fl a Y • � F � vj �•}$a.Y 8Y is �kN' � F �3� ]yy w K ♦ l; t r +' - l �)7I Y SS x 4 & Y z{ �4zhf � Y xE •' - year Yy�9 3 Lu It LS 3.27.17 RESOLUTION NO. 2017 -08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -26, AS CONDITIONED, TO ALLOW A 55 -FOOT TALL WIRELESS FACILITY LOCATED AT 2961 WEST MACARTHUR BOULEVARD 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. ATC Sequoia LLC (Applicant) is requesting approval of Conditional Use Permit No. 2016 -26 to renew the entitlements of an existing 55 -foot high major wireless communications facility disguised as a pine tree (mono - pine) located at 2961 West MacArthur Boulevard. 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 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 near approaching its 10 years, the Applicant is required to apply for a new CUP in order to maintain the entitlements of the current facility. E. On November 28, 2016, the Planning Commission held a duly noticed public hearing on the item and continued the item to allow the Applicant time in order to revise the proposed project's plans to enhance the stealthing of the existing facility. In addition, the Applicant has proposed to refurbish the facility to enhance the stealth appearance as part of feedback received at the initial Planning Commission hearing on such date. F. On March 27, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -26. G. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit Resolution No. 2017 -08 Page 1 of 5 31A -14 pursuant to SAMC Section 41 -638, have been established for Conditional Use Permit No. 2016 -26 to allow a 55 -foot tall 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 which will contribute to the community. The major wireless communication facility will continue to provide a service to Santa Ana residents, businesses and motorists who subscribe to ATC Sequoia LLC services by providing cellular service and data coverage for its users in the center city sector of Santa Ana. 2. That the proposed use under the circumstances of the particular case will not 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 -pine, 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 facility's location at the rear of the site will not contribute to any potential visual blight. Moreover, the mono -pine 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 shall 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 continuation of existing wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility is stealthed by its design and surrounding landscape and complies with other standards outlined in the SAMC. Additional improvements to the tower will screen the Resolution No. 2017 -08 Page 2 of 5 31A-15 tower and antennas, bringing the facility into closer compliance with SAMC standards. That the proposed use will not adversely affect the General Plan or any specific plan of the City. 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 mono -pine. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The mono - pine'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. H. 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 -78 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 -26, as conditioned in Exhibit A, attached hereto and incorporated herein. 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 March 27, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2017 -08 Page 3 of 5 31A -16 ADOPTED this 27th day of March, 2017 by the following vote: AYES: Commissioners: BACERRA, CONTRERAS -LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners: ALDERETE (1) ABSTENTIONS: Commissioners: Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 27, 2017. Date: Commission Secretary City of Santa Ana 31A -17 Resolution No. 2017 -08 Page 4 of 5 Conditions for Approval Conditional Use Permit No. 2016 -26 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 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. The Applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2016 -27). 2. The Applicant shall install thirteen (13) new six -foot branches and eleven (11) new eight -foot branches to the existing tower within 180 days of the effective date of this conditional use permit. 3. 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. 4. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be enhanced and well maintained. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 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. 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. The permit Applicant shall ensure 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. Conditional Use Permit No. 2016 -26 expires 10 years from the date of City Council approval. Resolution No. 2017 -08 Page 5 of 5 31A -18