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Home My WebLink About06-12-17 PC PACKETCity of Santa Ana Planning Commission Meeting Agenda JUNE 12, 2017 City Council Chamber 22 Civic Center Plaza Santa Ana, California 5:30 P.M. LYNNETTE VERINO Chair, Ward 2 Representative MARK McLOUGHLIN Vice Chair, Citywide Representative ERIC ALDERETE Ward 1 Representative KENNETH NGUYEN Ward 3 Representative PHIL BACERRA Ward 4 Representative CYNTHIA CONTRERAS-LEO Ward 5 Representative BEATRIZ MENDOZA Ward 6 Representative The Planning Commission Agenda can be found online at http://www.ci.santa- ana.ca.us/pba/documents/agenda_pc.pdf\ Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 3 p.m. the day of the meeting; emails received after said time will be on file for public viewing the day after the meeting. If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Lisa E. Storck Legal Counsel Hassan Haghani, AICP Executive Director Sarah Bernal Recording Secretary PLANNING COMMISSION AGENDA 1 June 12, 2017 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019) Detailed information at: http://www.santa-ana.org/strategic-planning/ Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana ********* Code of Ethics and Conduct - The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be considered by the Planning Commission. The Planning Commission is not limited in any way by the “Recommended Action” and may take any action which the Commission deems to be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda. Public Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the Planning Commission on any and all matters within the Commission’s jurisdiction. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public will be given the opportunity to speak on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the Commission. Members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All reques ts to speak shall be submitted in writing to the Commission Secretary at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE CHAIR. When speaking, all persons addressing the Planning Commission shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decoru m and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be enacted by one motion without discussion unless a member of the Commission “pulls” an item(s) from the consent calendar for a separate vote. Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the office of the Planning & Building Agency and are available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Thursday and alternate Fridays. The Planning & Building Agency is located in City Hall Ross Annex, 20 Civic Center Plaza, 2nd Floor, Santa Ana, California, (714)667-2700. Council meeting agendas, staff reports, and minutes are available the Friday before a Planning Commission meeting at the following website address: www.santa-ana.org PLANNING COMMISSION AGENDA 2 June 12, 2017 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA JUNE 12, 2017 5:30 P.M. CALL TO ORDER CHAIR VERINO COMMISSION MEMBERS ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items) RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A - B. A. MINUTES FROM THE REGULAR MEETING OF MAY 22, 2017 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * * CONSENT CALENDAR ITEMS PLANNING COMMISSION AGENDA 3 June 12, 2017 1. SITE PLAN REVIEW NO. 2017-02 TO ALLOW THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT LOCATED AT 421 NORTH HARBOR BOULEVARD {STRATEGIC PLAN NO. 3, 2} – Ann Ni, Case Planner Consideration of the matter continued from the May 22, 2017 meeting. RECOMMENDED ACTION: Adopt a resolution approving Site Plan Review No. 2017-02 as conditioned. 2. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2017-16 TO RENEW THE ENTITLEMENTS OF AN EXISTING 60-FOOT HIGH MONO-POLE MAJOR WIRELESS COMMUNICATIONS FACILITY FOR T-MOBILE WEST LLC LOCATED AT 3308 WEST WARNER AVENUE –SMARTLINK, APPLICANT {STRATEGIC PLAN NO. 3, 2} – Jerry Guevara, Case Planner Legal notice published in the Orange County Reporter on June 1, 2017 and notices mailed on June 1, 2017. RECOMMENDED ACTION: Adopt a resolution approving Conditional Use Permit No. 2017-16 as conditioned. * * * END OF BUSINESS CALENDAR * * * 3. NEIGHBORHOOD IMPROVEMENT PROGRAM UPDATE, Scott Kutner & Margarita Macedonia – Senior Community Planners ***END OF WORK STUDY SESSION*** 4. STAFF COMMENTS – Candida Neal, Planning Manager  General Plan Update Status BUSINESS CALENDAR ITEMS WORK STUDY ITEMS COMMENTS PLANNING COMMISSION AGENDA 4 June 12, 2017 5. PLANNING COMMISSION MEMBER COMMENTS ADJOURNMENT - The next meeting of the Planning Commission is scheduled for Monday, June 26, 2017 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS  Modify Conditional Use Permit No. 2011-09 to allow the sale of beer, wine, and distilled spirits for on premise consumption at Mariscos Zamora located at 3701 W. Mcfadden Avenue, Unit G This page left blank intentionally. PLANNING COMMISSION MINUTES 1 MAY 22, 2017 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA MAY 22, 2017 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:33 P.M. ATTENDANCE COMMISSIONERS Present: LYNNETTE VERINO, Chair MARK MCLOUGHLIN, Vice Chair ERIC ALDERETE (arrived at 6:15 p.m.) PHIL BACERRA CYNTHIA CONTRERAS-LEO BEATRIZ MENDOZA KENNETH NGUYEN COMMISSIONERS Absent: None. STAFF Present: CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney VERNY CARVAJAL, Principal Planner SELENA KELAHER, Associate Planner ANN NI, Associate Planner IVAN OROZCO, Assistant Planner II SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE Chairperson Verino PUBLIC COMMENTS (on non-agenda items) - None. CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A - B. MOTION: McLoughlin SECOND: Nguyen VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) A-1 PLANNING COMMISSION MINUTES 2 MAY 22, 2017 ABSTAIN: None (0) ABSENT: Alderete (1) A. MINUTES FROM THE REGULAR MEETING OF MAY 8, 2017 MOTION: Approve Minutes. B. EXCUSED ABSENCES MOTION: Excuse absent commission member(s): None. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR ITEMS 1. SITE PLAN REVIEW NO. 2017-02 (Applicant: Tom Lo representing Charles Company) Associate Planner Ni provided a presentation which included a project description, site description and project analysis. Discussion ensued regarding location, security, building height, design and materials. Kevin Tsai, Architect, answered questions regarding security, parking and design. Commissioner Bacerra motioned to approve the matter as recommended and then rescinded the motion; expressed concerns regarding the proposed architecture and finishes at the corner of Harbor Boulevard and Fifth Street and Fifth and Figueroa Streets. Commissioner Mendoza motioned to approve the matter as recommended and it was seconded by Commissioner Nguyen. A substitute motion was introduced by Commissioner Contreras-Leo to refer the matter to the Design Review Committee and it was seconded by Commissioner Bacerra. Commissioner Nguyen rescinded his second on the original motion citing that the project design needed be reviewed. The original motion was then seconded by Vice Chair McLoughlin. Chair Verino requested consideration for original motion. A-2 PLANNING COMMISSION MINUTES 3 MAY 22, 2017 ORIGINAL MOTION: Adopt a Resolution approving Site Plan Review No. 2017- 02 as conditioned. MOTION: Mendoza SECOND: McLoughlin VOTE: AYES: McLoughlin, Verino, Mendoza (3) NOES: Bacerra, Contreras-Leo, Nguyen (3) ABSTAIN: None (0) ABSENT: Alderte (1) *Motion tied by a 3:3 vote. Chair Verino requested consideration of substitute motion. SUBSTITUTE MOTION: Refer the matter to the Design Review Committee and continue consideration to the next meeting. MOTION: Contreras- Leo SECOND: Bacerra VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Nguyen (4) NOES: Mendoza, Verino (2) ABSTAIN: None (0) ABSENT: Alderte (1) 2. REVIEW OF PUBLIC ART PLAN FOR THE 301 DEVELOPMENT LOCATED AT 301 EAST JEANETTE LANE (Applicant: Wood Partners) Principal Planner Carvajal provided a presentation which included a project description, site description, art piece description and project analysis. MOTION: Adopt Resolution No. 2017-19 approving the Public Art Plan for The 301. MOTION: Bacerra SECOND: Contreras-Leo VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A-3 PLANNING COMMISSION MINUTES 4 MAY 22, 2017 3. CONDITIONAL USE PERMIT NO. 2017-10 (Applicant: Brian Boyle representing Do Lunch Deli) Commissioner Bacerra disclosed that he spoke with applicant in regards to the matter. Planning Technician Mar provided a presentation which included a project description, site description and project analysis. Discussion ensued regarding Health Department requirements. The applicant spoke in support of the matter, answered questions regarding hours of operation and explained reason for requesting a permit to allow the sale of alcoholic beverages. Chairperson Verino opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt Resolution No. 2017-20 approving Conditional Use Permit No. 2017-10 MOTION: McLoughlin SECOND: Mendoza VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 4. CONDITIONAL USE PERMIT NO. 2017-15 (Applicant: John Bitterly representing American Tower Corp.) Assistant Planner II Orozco provided a presentation which included a project description, site description and project analysis. Discussion ensued regarding fronds and approval period for major wireless communication facilities. The applicant spoke in support of the matter. Chairperson Verino opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt Resolution No. 2017-21 approving Conditional Use Permit No. 2017-15. MOTION: Nguyen SECOND: McLoughlin VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A-4 PLANNING COMMISSION MINUTES 5 MAY 22, 2017 5. ENVIRONMENTAL REVIEW NO. 2017-24, GENERAL PLAN AMENDMENT NO. 2017-01 AND AMENDMENT APPLICATION NO. 2017-01. (Applicant: Brian Hendricks representing Community Development Partners) Associate Planner Kelaher provided a presentation which included a project description, site description and project analysis. Discussion ensued regarding onsite support services provided to tenants, parking and building design. Commission expressed concern with the building’s bare wall along freeway. The applicant addressed concern regarding the wall along the freeway and answered questions regarding building design, building materials and supportive services to be provided. Chairperson Verino opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Recommend that the City Council 1.) Approve and adopt Negative Declaration, Environmental Review No. 2017-24, 2.) Adopt a resolution approving General Plan Amendment No. 2017-01, 3.) Adopt an ordinance approving Amendment Application No. 2017-01 for Specific Development No. 91 with the condition that the applicant work with the Planning Division to address concern with the bare wall along the freeway. MOTION: Bacerra SECOND: Contreras-Leo VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COMMENTS 6. STAFF COMMENTS - Planning Manager Neal:  General Plan Advisory Group meeting was held on May 17, 2017.  Code Enforcement is working with the City Attorney’s Office to address the reported safety concerns at the California Lodge Hotel. o Commissioner Bacerra requested that police data on this property be presented to the Commission.  Zoning Administrator made a determination to approve a five-foot high wall for Minor Exception 2017-01; if appealed, the matter will come before the Planning Commission. A-5 PLANNING COMMISSION MINUTES 6 MAY 22, 2017 7. PLANNING COMMISSION MEMBER COMMENTS Chair Verino & Commissioner Mendoza:  Wished everyone a Happy Memorial Day Weekend. Commissioner Nguyen:  Inquired about name badges for Commissioners. ADJOURNED 7:14 P.M. - The next meeting of the Planning Commission is scheduled for Monday, June 12, 2017 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-6 1-1 1-2 1-3 1-4 1-5 1-6 EXHIBIT 3 1-7 EXHIBIT 4 1-8 1-9 1-10 Powered by TCPDF (www.tcpdf.org) EXHIBIT 51-11 Powered by TCPDF (www.tcpdf.org) 1-12 1-13 1-14 1-15 EXHIBIT 6 1-16 Resolution No. 2017-xx Page 1 of 4 LS 5.22.17 RESOLUTION NO. 2017-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2017-02 AS CONDITIONED FOR A NEW MIXED-USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT ON THE PROPERTY LOCATED AT 421 NORTH HARBOR BOUILEVARD 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. Charles Company (“Applicant”) is requesting approval of Site Plan Review No. 2017-02, as conditioned, to allow the construction of a new mixed-use residential and commercial development at 421 N. Harbor Boulevard. B. The proposed project consists of 94 residential units within a four-story residential buildings and a five-story parking structure. In addition, approximately 11,000 square feet of commercial space is proposed to be provided. The project also includes 18 percent of the 1.85 acre site (14,506 square feet) to be dedicated for common open space and recreational areas. C. On January 29, 2015, a meeting was held at Russell Elementary School pursuant to the Sunshine Ordinance. D. On May 22, 2017 and June 12, 2017 the Planning Commission of the City of Santa Ana held a public meeting and at that time considered all testimony, written and oral. E. On May 30, 2017, the Planning Commission Design Review sub- committee met with the applicants in an effort to address the concerns raised at the Planning Commission hearing. F. Section 7-1 of the Harbor Mixed Use Transit Corridor Plan requires a review by the Planning Commission of all site plans where the proposed structures are over three (3) stories in height. G. The zoning designation for the subject property is Corridor (C) district in the Harbor Mixed Use Transit Corridor Plan. EXHIBIT 7 1-17 Resolution No. 2017-xx Page 2 of 4 H. Based on the following review, the project has been determined to be in compliance with all applicable provisions and development standards outlined within the Corridor (C) district in the Harbor Mixed Use Transit Corridor Plan: 1.That the proposed development plan is consistent with and will further the objectives outlined in Section 1 of the Harbor Mixed Use Transit Corridor Plan. The proposed mixed-use development project will be compatible with Section 1 (Guiding Principles) of the Harbor Mixed Use Transit Corridor Plan as the project will be a mixed use project that will allow persons to live, work and shop in the immediate area while taking advantage of regional and local transit investments made along and around Harbor Boulevard. Further, the project will incorporate an active streetscape that will integrate the private development with the public realm and will assist in creating a distinct identity for the district. 2.That the proposed development plan is consistent with the development standards specified in Section 3 of the Harbor Mixed Use Transit Corridor Plan. The proposed project is consistent with Section 3 (Land Use Plan and Development Standards) of the Harbor Mixed Use Transit Corridor Plan zone. The project is in compliance with the various development standards for the Corridor district, including setbacks, parking, lot size and open space. 3.That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the design and development Principles specified in Section 3 and 6 of the Harbor Mixed Use Transit Corridor Plan. The project site is compatible with adjacent development and achieves the design and development principles outlined in Section 3 (Land Use Plan and Development Standards) a n d S e c t i o n 6 ( D e s i g n G u i d e l i n e s ) of the Harbor Mixed Use Transit Corridor Plan. Further, the project incorporates a variety of architectural materials, massing and ground floor uses that are compatible with the Harbor Mixed Use Transit Corridor Plan. 1-18 Resolution No. 2017-xx Page 3 of 4 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 4 of the Harbor Mixed Use Transit Corridor Plan. The proposed project has been designed to be compatible and harmonious with all existing development and Mobility Goals as identified in Section 4 (Mobility Plan) of the Harbor Mixed Use Transit Corridor Plan. The project’s proximity to a variety of transportation options will provide a greater choice for residents to travel. 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 ofthis project, and any approvals associated with the project, including, withoutlimitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be within the scope of the previously certified Environmental Impact Report (EIR) No. 2014-01, as that program EIR adequately describes this activity for the purposes of CEQA, as per Sections 15162 and 15168 of the CEQA guidelines. It has been determined that no new effects could occur and no new mitigation measures would be required. Thus, a discretionary action can be taken on the proposed project since it is within the scope of the project covered by the previously approved program EIR. The project will comply with all mitigation measures as required by the approved Mitigation Monitoring Program (MMP), as required by the environmental documentation prepared for the Harbor Mixed Use Transit Corridor Plan. As required by the MMP, a site impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The site impact analysis is incorporated herein by this reference. The analysis concluded that no additional significant impacts would trigger the requirement for additional environmental review. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public meeting, hereby approves Site Plan Review No. 2017-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said public meeting, 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 12th day of June 2017. 1-19 Resolution No. 2017-xx Page 4 of 4 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Sarah Bernal, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 12, 2017. Date: Planning Commission Secretary City of Santa Ana 1-20 Exhibit “A” EXHIBIT A Conditions for Approval for Site Plan Review No. 2017-02 Site Plan Review No. 2017-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code (SAMC), the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. All proposed improvements must conform to the Development Project Review approval of DP No. 2014-51 and staff report exhibits. 2. The project shall remain in compliance with Environmental Impact Report No. 2014-01 and the Mitigation Monitoring Plan. 3. Landscaping shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the required plant materials installed at the time of occupancy and per the approved plan. 4. All signs for the proposed project shall comply with Section 6-6 of the Harbor Corridor Mixed Use Transit Plan and Chapter 41 and Article XI of the SAMC. Signage shall be submitted to the case planner for review and approval prior to submittal into Building plan check. 5. A Public Art Plan must be submitted to the Planning Division for review and approval prior to issuance of building permits. 6. A 24-hour security guard shall be provided at the project site. 1-21 This page left blank intentionally. 2-1 2-2 2-3 2-4 Resolution No. 2017-xx Page 1 of 6 6.12.17 LS RESOLUTION NO. 2017-XX 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 new60-foot mono-pole wireless communication facility. The applicant was approved at a 5-1 vote. E.As the current facility’s entitlements are now over its 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: 2-5 Resolution No. 2017-xx Page 2 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. 2-6 Resolution No. 2017-xx Page 3 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 constructions 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. 2-7 Resolution No. 2017-xx Page 4 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 12th day of June, 2017. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Lynnette Verino Chairperson 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-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 12, 2017. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 2-8 Resolution No. 2017-xx Page 5 of 6 EXHIBIT A Conditions of Approval 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. 2-9 Resolution No. 2017-xx Page 6 of 6 8. The following on-site improvements shall be conducted prior to the release of this resolution: 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 façade 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. 2-10 PLANNING AND BUILDING AGENCY EXHIBIT 2 VICINITY MAP A1 GENERAL AGRICULTURAL† -B PARKING MODIFICATION C-SM COMMERCIAL SOUTH MAIN C1 COMMUNITY COMMERCIAL C1-MD COMM. COMMERCIAL/MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTIST VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL R1 SINGLE FAMILY RESIDENTIAL R2 TWO FAMILY RESIDENCE R3 MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE R4 SUBURBAN APARTMENTS RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERA TIONS O OPEN SPACE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT MONO-POLE WIRELESS FACILITY 3308 WEST WARNER AVENUE CUP 2017-16 1" = 1000 FEET = 500 FEET HA R B O R BL V D . GR E E N V I L L E S T . 286' 175' 229'280' 143.2' 544' 1115' M1 M1 M1 C4 R2-PRD R4 R1 R1 R1 M1 M1 M1 M1 O. C . F . C . D AN N E S T . YA L E S T . KNOX AV.GL E N A R B O R S T . SU S A N S T . CENTRAL AV. EV E R G L A D E S T . MANLY AV. CENTRAL AV. ADAMS ST. CENTRAL AV. HALL AV. City of Fountain Valley O. C . F . C . D M1 M1 M1M1 M1M1 M1 M1 AN N E S T . YA L E S T . PENDLETON AV. OT I S S T . WARNER AV. S U S A N S T . PENDL E T O N A V . 22-5-10 SA N T A A N A R I V E R 20 0 ' 209' 232' R4M1 R1R1P C1 243' 375' 15 0 ' 43 6 . 9 ' R1 R1 R1 R1 R1 R1 R1 M1 M1 M1 R1 R3 R3 R3 R3 M1 R1 M1 M1 M1M1 M1 M1 PENDLETON HU R O N D R . FORDHAM AV. MAYWOOD AV. HARVARD ST. SU S A N S T . AN N E S T . SU L L I V A N S T . CAMDEN PL. PENDLE T O N AVE.EV E R G L A D E S T . GL E N A R B O R S T . MAYWOOD AV. ANAHURST PL. ST. GERTRUDE PL. CAMDEN PL. AV. O . C . F . C . D 27-5-10 PROJECT SITE SEGERSTROM AVE. 2-11 PLANNING AND BUILDING AGENCY LAND USE MAP EXHIBIT 3 CUP 2017-16 MONO-POLE WIRELESS FACILITY 3308 WEST WARNER AVENUE PROJECT SITE FA I R V I E W ST R E E T IN D U S T R I A L IN D U S T R I A L IN D U S T R I A L INDUSTRIAL INDUSTRIAL INDUSTRIAL O. C . F . C . D . WARNE R AVENU E CENTRAL AVE. ADAMS ST. CENTRAL AVE. SU S A N S T R E E T SU S A N S T . SEGERSTROM AVENUE IN D U S T R I A L INDUSTRIAL INDUSTRIAL INDUSTRIAL INDUSTRIAL YA L E S T . YA L E S T . 2-12 CUP 2017-16 MONO-POLE WIRELESS FACILITY 3308 WEST WARNER AVENUE EXHIBIT 4 SITE PHOTOS 2-13 CUP 2017-17 MONO-POLE WIRELESS FACILITY 3308 WEST WARNER AVENUE EXHIBIT 5 SITE PLAN 2-14 CUP 2017-16 MONO-POLE WIRELESS FACILITY 3308 WEST WARNER AVENUE EXHIBIT 6 ENLARGED SITE PLAN 2-15 This page left blank intentionally. 2-16