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Home My WebLink About31B - CUP - 2802 S FLOWERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017-15 TO ALLOW CONTINUED USE OF A 60 - FOOT TALL WIRELESS FACILITY FOR AMERICAN TOWER LOCATED AT 2802 SOUTH FLOWER STREET - JOHN BITTERLY, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5} h 2c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017-15 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on May 22, 2017, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017-15 as conditioned to renew the entitlements of an existing 60 -foot high major wireless communication facility disguised as a mono -palm located at 2802 South Flower Street located in the Open Space (0) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION John Bitterly, representing American Tower Corp., is requesting approval of a conditional use permit (CUP) to renew the entitlements of an existing 60 -foot high major wireless communication facility ("mono -palm") at 2802 South Flower Street, on the Saddleback High School campus. Major wireless communication facilities require approval of a CUP pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). As the current facility has reached its 10 year mark, the applicant is required to apply for a CUP to renew the city entitlements in order to maintain the current facility. The CUP is conditioned to require the existing tower to provide a stealth appearance. 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 upgrading existing landscaping to comply with SAMC standards. In addition, the applicant will be replacing the existing fronds with new Mexican fan palm style fronds to the existing mono -palm to 31 B-1 CUP No. 2017-15 — American Tower Corp. Wireless Facility at 2802 South Flower Street June 20, 2017 Page 2 enhance its appearance and to help conceal the tower and antennas; the antennas will be painted to match the palm tree. To process such re -entitlements in a timely manner, the City of Santa Ana considers the provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], which limits local agencies abilities to impose additional conditions of approval when cell phone tower permits are renewed. These limits include seismic retrofits, which, according to a study by the City of Los Angeles, cost as much as constructing a brand new tower. 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 ensure telecommunication facilities are functional and provide cell coverage in the event of 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 Haghani, AIC Executive Director Planning & Building Agency IO:rb M:\Planni ngCommission\28025 FLower\CU P2017-15-CEL2802SFIowerRenewal.m Exhibit: A. Planning Commission Staff Report 31 B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 22, 2017 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2017.15 TO ALLOW CONTINUED USE OF A 60 -FOOT TALL WIRELESS FACILITY FOR AMERICAN TOWER LOCATED AT 2802 SOUTH FLOWER STREET — JOHN BITTERLY, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 5) Prepared by Ivan Orozco PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO 4xec ' eDirectar Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017-15 as conditioned. Executive Summary John Bitterly, representing American Tower Corp., is requesting approval of a conditional use permit (CUP) to renew the entitlements of an existing 60 -foot high major wireless communication facility ("mono -palm") at 2802 South Flower Street on the Saddleback High School campus., Major wireless communication facilities require approval of a CUP pursuant to § 41-198.3(b) of the Santa Ana Municipal Code (SAMC). As part of this renewal application, the applicant will install additional fronds to the existing mono -palm to enhance its appearance. Table 1: Project and Location Information Item <' , ` Informs#eaci . Project Address 2802 South Flower Street Nearest Intersection Se erstrom Avenue and Flower Street General Plan Designation Open Space (OS) Zoning Designation Open Space (0) Surrounding Land Uses North I Sinqle-Family Residential East Industrial South Raii Road Corridor West Single -Family Residential Property Size 36.19 acres Existing Site Development The site is developed with the Saddleback High School and the subject mono -palm. Use Permissions Allowed with a conditional use permit (CUP), Zoning Code Sections Affected UseI SAMC § 41-198.3 b Operational Standards SAMC § 41-198 (Wireless Communication Facilities EXHIBIT A 31 B-3 CUP No. 2016-26 March 27, 2017 Page 2 Project Description In addition to the applicant's request for a new CUP, the existing tower will be refurbished to enhance its stealth appearance. New fronds will be installed to conceal the tower and antennas, and the antennas will be repainted to match the palm tree. Equipment for the wireless facility will continue to be contained within an enclosure of approximately 484 square feet; no changes to this component are proposed at this time. This enclosure is located to the south of the existing wireless facility, while the mono -palm itself will remain in its current location within the wrought iron enclosure and shrubbery. The facility is surrounded by two mature Mexican palm trees and three cedar trees that provide additional screening to the enclosure and the pole structure. The existing trees surrounding the cell site have been trimmed to fortify that the landscaping is regularly maintained and all trash has been removed. Table 2: Development Standards Stari'Slards ..." (rRQ. 4tr d $AMG; i.ROARCe s.. y4_,�tt_, rra...._ ,1 Screening Criteria A stealth facility Mono -palm The wireless facility is located at the Areas that will minimize aesthetic south of the property near the Site Selection intrusion railroad and athletic fields. Not visible from the public ri ht -of way. = _ Not to exceed 60 feet in height from Height criteria ground level as measured from the 60 feet nearest street curb Groundcover at the base of the The site currently has five (5) mature Landscaping, facility and one twenty-four (24) inch trees and shrubbery box tree _ Decorative fencing such as wrought Complies; a 7 feet metal fence Equipment Screening iron or block around the wireless provided on-site facility Project Background In June 1999, the Planning Commission approved CUP No. 1999-10 to allow construction of the subject mono -palm and equipment enclosure. Since its construction, the facility has provided cellular coverage to the immediate area. SAMC § 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 has reached its 10 year mark, the applicant is required to apply for a new CIDP in order to maintain the current facility. Project Analys 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 American Tower 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 CUP. 31 B-4 CUP No. 2016-26 March 27, 2017 Page 3 Staff has reviewed the applicant's request to continue operation of major wireless communication facility at this location. In analyzing the CUP request, staff believes that the following analysis warrants staff's recommendation of approval for the CUP. 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 § 6409(a) 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, 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 provide cell coverage after a major natural disaster. 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 American Tower 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, Table 3: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strati, °ic Plan Alignment, and Public Notificatidn & Comrriunit Outreach CEQA CEQA Tye General Rule 15061 (b) (3)] Document Type General Rule Exemption ER No. 2016-53 This exemption applies to projects where it can be seen with certainty that there is no Reason(s) possibility that the activity in question may have a significant effect on the environment. Exempt or Analysis 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 is Plan Alignment Approval of this item supports the City's efforts to meet Goal #3 (Economic Development) Objective #2 of creating new opportunities for business/job growth and encourage private Goal(s) and Policy(s) development through new General Plan and Zoning Ordinance policies. As well as Objective #5 that leverage private investment that results in tax base expansion and job creation citywide. Public Notification &Community 9utreach A public noticed was posted on the project site on May 12, 2017, Required Measures Notification by mall was mailed to all property owners and occupants within 500 feet of the project site on Ma 12 2017. Newspaper posting was published in the Orange County Reporter on May 12, 2017. 31 B-5 CUP No. 2016-26 March 27, 2017 Page 4 Conclusion Based on the analysis provided within this report; staff recommends that the Planning Commission approve Conditional Use Permit No, 2017-15 as conditioned. Assistant 10:sb MAPta nnfngQbm mis8lon12e USFLAwer1CUP2017.15-CEL2802S FlowerRenewal.pc Exhibits: 1, Vicinity Map 2. Location Map 3. Site Photo 4. Site Plan 5. Elevation 6. Resolution MEW WARNER AVE. =�*w L._.7 L_J 7J LJ I I LJ I l— IiL_J I 1 cl C7> I I C7 C2 M7 MI � RI R1 Al RI Rt Al R1r M1 M1 I,. P1 -PPD y '4N✓i{ Mt I �7 Mt C). M1 Mt M1 C2 rye' nt-0 ni R7 L R7 - R1 � fit �fll d� _ i � 4 M7 D- Alm' I / Rio t1 iii cs 1 C2 M7 w II I �iI iso- �^•II.....�. -`' 0`. a R1i1 7r PI U C5 11 f ` IICi t _ 1 R7 ccl �t tr ' ti R1 1 r.1 RI R7 " R7 0 R7Ri e z RIF: CR - `a. J R7 i lit Rl �_ I Oh m Ci nRi mQ Pti Hi R1 > R7 �PiF C4 Al G34E2ALAWaJLTUR%Lt CR COMMEiMALROUD"AL RI 9NOYEFAM14YIM0EAIIA1- .B FARgNGMbDIRCA7I0N CL GDAMMEOTC13im R2 WD FAMILY RESOWCE CEA CCMMEi7ALM MMAIN M7 UGHTINDUSIRAL R7 MUDREOEdS7YMUUPLE C7 CCMMUNINOaMME07AL M2 HFAWINDUS7WAL FAMILYRESOUNCE 07 MD OOMM. WMMUUAUMU8a1MSISIpCf MO MUTARiOFetAT10NS RA SMRMNAFARIMETS C2 (YEJE2ALCOMMMElAL 0 OPEN FACIF W SMI)WAL25WE G1 MYRALK)FIAM P TiUFMONAL GD smEOOEM ommT C3iA CFNrAL8LGNMARnSTMUAGC FCA RANNmmMMUNI7YDEVHOFMEAT T 'SPELIRCIPAN C4 RANNEOMM19OCEtlTE4 Rd] PLANNJRMOMALDEVELORdEIT Cb ARIMALOOMMOROAL CUP 2017 -15 -CEL SADDLEBACK MONOPALM RENEWAL I Al"I 2802 SOUTH FLOWER STREET - 500Fe7 v 1000 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 VICINITY MAP EXHIBIT 1 31 B-7 w c y 1 4 Fo-1 a �•p jr q EXHIBIT 4 31 B-10 �4pA�iP•�E�{: z � �� „(y�tikFAk sy/ ii>< Jill low �� & gfill Yla sr w EXHIBIT 5 31 B-11 x'n lin tl elk' a 71 M / e j �8 ib Ile �.i i� r7. j p; i at�A ti EXHIBIT 5 31 B-11 LS 5.22 .17 RESOLUTION NO. 2017-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-15 AS CONDITIONED TO ALLOW A 60 -FOOT TALL WIRELESS FACILITY LOCATED AT 2802 SOUTH FLOWER 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. American Tower Corp. (Applicant) is requesting approval of Conditional Use Permit No. 2017-15 to renew the entitlements of an existing 60 -foot high major wireless communications facility disguised as a palm tree (mono -palm) located at 2802 South Flower Street. 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 has reached the end of its 10 year mark, the Applicant is required to apply for a CUP to renew the entitlements in order to maintain the current facility. E. In June 28, 1999, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 1999-10 to approve a new 60 -foot mono -pine wireless facility. The application was approved at a 6-0 vote (Commissioner Verino absent). F. On May 22, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-15. Section 2. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to SAMC Section 41-638, have been established for Conditional Use Permit No. 2017-15 to allow a 60 -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. EXHIBIT 6 Resolution No. 2017-21 Page 1 of 5 M : I 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 American Tower Corp, 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 facility, 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 facility 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 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 facility. 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, Resolution No. 2017-21 Page 2 of 5 31 B-13 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. 2016-53 will be filed for this project. Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-15, 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 May 22, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of May, 2017 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson 31B-14 Resolution No. 2017-21 Page 3 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 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. 2017-21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 22, 2017. Date: Recording Secretary City of Santa Ana 31 B-15 Resolution No. 2017-21 Page 4 of 5 EXHIBIT A Conditions for Approval Conditional Use Permit No. 2017-15 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. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2016-18). 2. The Applicant shall replace all existing fronds with new stealth palm fronds similar in type to the Mexican Fan palm 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 facility shall be maintained as per approved plans. 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. Resolution No. 2017-21 Page 5 of 5 31 B-16