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HomeMy WebLinkAboutRESO 2017-23_ 3308 W Warner6.12.17 LS RESOLUTION NO. 2017-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-16, AS CONDITIONED, TO ALLOW CONTINUED USE OF A 60 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 3308 WEST WARNER AVENUE 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. Smartlink, LLC. ("Applicant"), representing T -Mobile West, LLC., is requesting approval of Conditional Use Permit No. 2017-16 to renew the entitlements of an existing 60 -foot high mono -pole major wireless communications facility located at 3308 West Warner Avenue. 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. On January 10, 2005, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2004-33 to approve a new 60 -foot mono -pole wireless communication facility. The applicant was approved at a 5-1 vote. E. As the current facility's entitlements 10 year timeframe, the Applicant is required to apply for a new CUP in order to maintain the entitlements of the facility current. F. On June 12, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-16. G. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings: Resolution No. 2017-23 Page 1 of 6 1. The proposed use will 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 which will 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. 2. 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 conditional use permit to re -entitle this existing wireless communication facility located at 3308 West Warner Avenue 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. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The existing mono -pole will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the mono -pole has a stealth design that will maintain the appearance of a light standard. In addition, due to its location at the rear southwest corner of an industrial site and setback approximately 200 -feet from Warner Avenue, it is not expected to create any adverse economic impacts for the surrounding properties. 4. The proposed use will 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. Additional on-site improvements will bring the site into closer compliance with SAMC standards. It Resolution No. 2017-23 Page 2 of 6 5. The proposed use will not 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 -pole. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of development impacts. The mono -pole'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. H. In accordance with the California Building Code Section 3108, the subject telecommunication facility will be designed, constructed, and/or maintained in accordance with the provisions of TIA-222, which is a set of nationally recognized standards for the construction of telecommunication and broadcast towers. Section 2. 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. 2015-85 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. Resolution No. 2017-23 Page 3 of 6 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-16 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 3308 West Warner Avenue. 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 June 12, 2017, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 121h day of June, 2017. AYES: Commissioners: Alderete, Bacerra, Contreras -Leo, McLoughlin, Mendoza, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) LA4/A)tkt,VP)'L1_ L nette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 19/ i c� , 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. 2017-23 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 12, 2017. Date: (°IJ'JI/ % C_e /1 4Z�'O� Acting Recording Secretary City of Santa Ana Resolution No. 2017-23 Page 4 of 6 EXHIBIT A Conditions of AoDroval for Conditional Use Permit No. 2017-16 Conditional Use Permit No. 2017-16 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. 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. 7. Conditional Use Permit No. 2017-16 expires 10 years from the date of City Council approval. Resolution No. 2017-23 Page 5 of 6 8. The following on-site improvements shall be conducted prior to the release of this resolution: F a. The parking lot shall be restriped in accordance to Sec. 41-1303 of the SAMC. Parking stalls shall be double striped and shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long. b. Fill in pavement cracks with a layer of slurry seal as needed. C. Repaint equipment building and shelter. d. Install landscape to the existing planter along the front fagade of the main building that fronts Warner Avenue, as noted on the approved plans. Once the conditions and improvements have been addressed, contact the case planner to schedule an inspection. The case planner will verify that all conditions and improvements have been met and will release the resolution to the applicant. 9. In the event of graffiti markings, applicant shall eliminate all such graffiti within twenty four (24) hours, with or without notice from the City, as a condition of the permit. Resolution No. 2017-23 Page 6 of 6