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HomeMy WebLinkAbout1 - 1900 E 17TH STREET1- 1 1- 2 1- 3 1- 4 EXHIBIT 1 1- 5 Resolution No. 2020-xx Page 1 of 7 LS 4.27.20 RESOLUTION NO. 2020-xx 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: 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 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. 1- 7 Resolution No. 2020-xx Page 2 of 7 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. 1- 8 Resolution No. 2020-xx Page 3 of 7 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 1- 9 Resolution No. 2020-xx Page 4 of 7 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 27th day of April, 2020 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ 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-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 27, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1- 10 Resolution No. 2020-xx Page 5 of 7 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. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project No. 2019-34. 2. 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. 3. 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. 1- 11 Resolution No. 2020-xx Page 6 of 7 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; 1- 12 Resolution No. 2020-xx Page 7 of 7 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. 1- 13 EXHIBIT 2 1- 15 CUP No. 2020-081900 East Seventeenth Street Exhibit 2 - Vicinity Zoning & Aerial Map © 2020 Digital Map Products. All rights reserved. 250 feet 1- 17 EXHIBIT 3 1- 19 CUP No. 2020-08 1900 East Seventeenth Street Exhibit 3 – Site Photo 1- 21 EXHIBIT 4 1- 23 3300 IRVINE AVENUE, SUITE 300NEWPORT BEACH, CA 92660TEL: (949) 387-1265FAX: (949) 387-12751452 EDINGER AVE.TUSTIN, CALIFORNIA 92780NOT TO BE USEDFOR CONSTRUCTION4430 E. MIRALOMA AVE. SUITE DANAHEIM, CALIFORNIA 92807A-12SITE PLANE 16TH ST1ENLARGED SITE PLAN1/4"=1'-0"SCALE:10' 20' 40'1"=20'-0"SCALE:SECTOR 'C'ƒSECTOR 'A'ƒSECTOR 'B'ƒ17TH STSECTOR 'A'ƒSECTOR 'B'ƒSECTOR 'C'ƒ······1- 25 EXHIBIT 5 1- 27 3300 IRVINE AVENUE, SUITE 300NEWPORT BEACH, CA 92660TEL: (949) 387-1265FAX: (949) 387-12751452 EDINGER AVE.TUSTIN, CALIFORNIA 92780NOT TO BE USEDFOR CONSTRUCTION4430 E. MIRALOMA AVE. SUITE DANAHEIM, CALIFORNIA 92807A-32SOUTH ELEVATION 1/4"=1'-0"SCALE:1EAST ELEVATION 1/4"=1'-0"SCALE:··················1- 29 EXHIBIT 6 1- 31 ©2019 Google Maps 1900 E 17th Street Santa Ana CA 92705 CLL06099 Nader Foods Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking southwest across 17th StreetProposed View 1 proposed monopine 1- 33 ©2019 Google Maps 1900 E 17th Street Santa Ana CA 92705 CLL06099 Nader Foods Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking east from Cabrillo Park DriveProposed View 2 proposed monopine 1- 34 ©2019 Google Maps 1900 E 17th Street Santa Ana CA 92705 CLL06099 Nader Foods Accuracy of photo simulation based upon information provided by project applicant. Location Existing Looking northwest from 16th StreetProposed View 3 proposed monopine proposed equipment shelter proposed equipment enclosure proposed parking bollards 1- 35 EXHIBIT 7 1- 37 LTE Coverage Before site CLL06099 1- 39 LTE Coverage After site CLL06099 1- 40 LTE Coverage standalone site CLL06099 1- 41