HomeMy WebLinkAboutRESO 2020-14_1900 E 17TH STREETLS 4.27.20
RESOLUTION NO. 2020-14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2020-08 AS CONDITIONED TO ALLOW
THE CONSTRUCTION OF A NEW 60-FOOT TALL MAJOR
WIRELESS COMMUNICATIONS FACILITY LOCATED AT
1900 EAST SEVENTEENTH 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. Willy Kazimi with Smartlink LLC, representing AT&T ("Applicant'), is
requesting approval of Conditional Use Permit ("CUP") No. 2020-08 to
allow the construction of a new 60-foot tall major wireless ("mono -pine")
communications facility at 1900 East Seventeenth Street.
B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-198.3(b), a
CUP is required for major wireless communications facilities established in
the City of Santa Ana.
C. On April 27, 2020, the Planning Commission held a duly noticed public
hearing on CUP No. 2020-08.
D. The Planning Commission of the City of Santa Ana has considered the
information and determines that the following findings, which must be
established in order to grant CUP No. 2020-08, to allow the construction of
a 60-foot tall major wireless communications facility, have been
established as required per SAMC Section 41-638:
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 provide a service that will contribute to the
community. The proposed mono -pine will provide a service to
Santa Ana residents, businesses, and motorists who
subscribe to AT&T wireless services by reducing the gaps in
cellular service and providing additional calling capacity for
its users in Santa Ana.
Resolution No. 2020-14
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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 proposed wireless facility at this location will not be
detrimental to persons residing or working in the area as the
proposed facility will be in compliance with Federal laws that
govern health related issues for wireless facilities, including
safety regulations from the Federal Communications
Commission (FCC) and Federal Aviation Administration
(FAA). Moreover, the nearest residential use is located over
400 linear feet from the site, further reducing any potential for
impacts.
3. That the proposed use will not adversely affect the present
economic stability or future economic development of properties
surrounding the area.
The proposed mono -pine will be compatible with the
surrounding area and will not adversely affect the economic
viability in the area. The stealth appearance and site
enhancements will maintain and increase the economic
stability for this commercial corridor by providing an additional
service for business owners, workers and residents in the
area. Further, the stealth appearance and the chosen location
of the facility will help blend in with existing mature trees
found on adjacent properties. Finally, the facility has been
designed to allow future co -location for additional carriers,
which minimizes the need for additional towers in the area in
the future.
4. That the proposed use shall comply with the regulations and
conditions specified in Chapter 41 for such use.
The use will comply with all provisions pertaining to the
construction and installation of wireless facilities identified in
Chapter 41 (Zoning Code) of the Santa Ana Municipal Code.
In addition, the proposed facility will be built with an
Importance Factor of 1.5 in an effort to remain operational in
the event of a large earthquake. The proposed facility will be
stealthed as a pine tree, will provide an equipment enclosure
and will comply with other standards outlined in the SAMC.
5. That the proposed use will not adversely affect the General Plan or
any specific plan of the City.
Resolution No. 2020-14
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The proposed mono -pine 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 proposed mono -pine. In addition, Goals 3 and
5 require preservation of neighborhood character and
integrity as well as the mitigation of impacts from
developments. The proposed mono -pine is designed to
minimize visual impact on the area by implementing stealth
design. 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 enhances services
that are readily available for business owners, workers and
residents in the immediate vicinity.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, the project is categorically exempt from further review per
Section 15303 (Class 3 — New Construction or Conversion of Small Structures). The
Class 3 exemption consists of construction and location of limited numbers of new, small
facilities or structures. In urbanized areas, this exemption applies to apartments, duplexes
and similar structures designed for not more than six dwelling units. In addition, this
exemption also applies to up to four such commercial buildings not exceeding 10,000
square feet in floor area on sites zoned for such use if not involving the use of significant
amounts of hazardous substances where all necessary public services and facilities are
available and the surrounding area is not environmentally sensitive. The project consists
of the construction of a major wireless communications facility and site improvements, all
necessary public services and facilities are available, and it is not being built in an
environmentally sensitive area. Based on this analysis, a Notice of Exemption for
Environmental Review No. 2019-88 will be filed for this project.
Section 3. The Applicant shall indemnify, protect, defend and hold the City
and/or any of. its officials, officers, employees, agents, departments, agencies,
authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
dispute resolution procedures (including, but not limited to arbitrations, mediations, and
such other procedures), judgments, orders, and decisions (collectively "Actions"),
brought against the City and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
modify, set aside, void, or annul, any action of, or any permit or approval issued by the
City and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City) for or
concerning the project, whether such Actions are brought under the Ralph M. Brown
Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
Resolution No. 2020-14
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Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
court of competent jurisdiction. It is expressly agreed that the City shall have the right to
approve, which approval will not be unreasonably withheld, the legal counsel providing
the City's defense, and that Applicant shall reimburse the City for any costs and
expenses directly and necessarily incurred by the City in the course of the defense.
City shall promptly notify the Applicant of any Action brought and City shall cooperate
with Applicant in the defense of the Action.
Section 4. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2020-08, as conditioned
in Exhibit A, attached hereto and incorporated herein. 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 April 27, 2020, and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 271h day of April, 2020 by the following vote:
AYES: Commissioners: CANO, CONTRERAS-LEO, GARCIA, MCLOUGHLIN,
NGUYEN, PHAN, RIVERA (7)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
ar cLoughlin
C airperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2020-14 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on April 27, 2020.
Date: Jyc--�CtkQ
Recording Secretary
Secretary
City of Santa Ana
Resolution No. 2020-14
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2020-08
Conditional Use Permit No. 2020-08 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.
The Applicant must comply with all conditions and requirements of the
Development Review Committee for the Development Project No. 2019-34.
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 if the conditional use permit must be amended.
Prior to the issuance of a building permit to construct the facility, a full landscape
and irrigation plan shall be submitted for review and approval by the Planning
Division. All landscape areas that are deficient shall be improved to comply with
the City's Commercial Landscape Standards, Citywide Design Guidelines, and
the City's Water Efficient Landscape Ordinance.
4. Prior to the issuance of a building permit to construct the facility, the building
shall be repainted, all broken windows shall be replaced, all unpermitted signage
shall be removed and the parking lot and driveway shall be improved with
repaving and restriping in full conformance to current City codes and regulations.
5. Prior to the issuance of a building permit to construct the facility, the Applicant
shall schedule an inspection with the Public Works Agency to review the
condition of the sidewalks and driveways at the project's Seventeenth Street
(17th) and Sixteenth (16th) Street frontages and require improvements to
reconstruct said sidewalks and driveways in full conformance to current City
codes and regulations.
6. The 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.
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7. The 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 after approval of the CUP.
8. The 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.
9. The major wireless facility shall be subject to any applicable California Building
Code or federal requirements for seismic safety, retrofit, and/or upgrades as
deemed necessary by the Building Division and shall be constructed with an
Importance Factor of 1.5.
10. Conditional Use Permit No. 2020-08 expires 10 years from the date of Planning
Commission approval.
11. Prior to issuance of a building permit, a Property Maintenance Agreement shall
be recorded against the property. The agreement will be subject to review and
applicability by the Planning and Building Agency, the Community Development
Agency, the Public Works Agency, and the City Attorney to ensure that the
property and all improvements located thereupon are properly maintained. The
Applicant (and the owner of the property upon which the authorized use and/or
authorized improvements are located if different from the Applicant) shall execute
a maintenance agreement with the City of Santa Ana which shall be recorded
against the property and which shall be in a form reasonably satisfactory to the
City Attorney. The maintenance agreement shall contain covenants, conditions
and restrictions relating to the following:
a) Compliance with operational conditions applicable during any period(s) of
construction or major repair (e.g., proper screening and securing of the
construction site; implementation of proper erosion control, dust control
and noise mitigation measure; adherence to approved project phasing
etc.);
b) Compliance with ongoing operational conditions, requirements and
restrictions, as applicable (including but not limited to hours of operation,
security requirements, the proper storage and disposal of trash and
debris, enforcement of the parking management plan, and/or restrictions
on certain uses;
c) Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as
applicable;
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d) Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon (including but not limited to controls on
the proliferation of trash and debris about the property; the proper and
timely removal of graffiti; the timely maintenance, repair and upkeep of
damaged, vandalized and/or weathered buildings, structures and/or
improvements; the timely maintenance, repair and upkeep of exterior
paint, parking striping, lighting and irrigation fixtures, walls and fencing,
publicly accessible bathrooms and bathroom fixtures, landscaping and
related landscape improvements and the like, as applicable);
e) If Applicant and the owner of the property are different (e.g., if the
Applicant is a tenant or licensee of the property or any portion thereof),
both the Applicant and the owner of the property shall be signatories to the
maintenance agreement and both shall be jointly and severally liable for
compliance with its terms;
f) The maintenance agreement shall further provide that any party
responsible for complying with its terms shall not assign its ownership
interest in the property or any interest in any lease, sublease, license or
sublicense, unless the prospective assignee agrees in writing to assume
all of the duties, obligations and responsibilities set forth under the
maintenance agreement; and
g) The maintenance agreement shall contain provisions relating to the
enforcement of its conditions by the City and shall also contain provisions
authorizing the City to recover costs and expenses which the City may
incur arising out of any enforcement and/or remediation efforts which the
City may undertake in order to cure any deficiency in maintenance, repair
or upkeep or to enforce any restrictions or conditions upon the use of the
property. The maintenance agreement shall further provide that any
unreimbursed costs and/or expenses incurred by the City to cure a
deficiency in maintenance or to enforce use restrictions shall become a
lien upon the property in an amount equivalent to the actual costs and/or
expense incurred by the City.
Resolution No. 2020-14
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