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HomeMy WebLinkAboutRESO 2017-08 _2961WMacArthurLS 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 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 tower and antennas, bringing the facility into closer compliance with SAMC standards. 5. 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 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: Lwvl"Vy�� L nette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Byi] Lisa Storck Assistant City Attorney 1Q=.UdI4"_A 00i1y_NIIIIII11:61LW910 M O OWICINUAINIVA 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: C�"Jk ) Au a -t' Commission Secretary City of Santa Ana Resolution No. 2017-08 Page 4 of 5 EXHIBIT A 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 belowrip 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). 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. 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. 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. 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 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. 8. Conditional Use Permit No. 2016-26 expires 10 years from the date of City Council approval. Resolution No. 2017-08 Page 5 of 5 f )