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HomeMy WebLinkAboutRESO 2020-39_4111 S MAINResolution No. 2020-39 Page 1 of 7 RESOLUTION NO. 2020-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-19 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A NEW 80-FOOT TALL MAJOR WIRELESS COMMUNICATIONS FACILITY LOCATED AT 4111 SOUTH MAIN 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.Tyler Kent with Smartlink LLC, representing AT&T (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2020-19 to allow the construction of a new 80-foot tall major wireless (“mono- eucalyptus”) communications facility at 4111 South Main Street. B.Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-198.9, no major wireless communication facility shall exceed sixty (60) feet in height from ground level as measured from the nearest street curb. C.On December 14, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2020-19. D.Applicant is also requesting concurrent approval of Variance No. 2020-04 to allow relief from the maximum 60-foot height requirement. Due to the extended coverage the wireless facility will provide, staff is recommending separate approval of said application. E.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. 2020-19 to allow the construction of an 80-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-eucalyptus will provide a needed service to Santa Ana residents, businesses, and Resolution No. 2020-40 Page 2 of 7 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. 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 communications 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 580 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 80-foot tall wireless communications facility 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 eucalyptus tree, will provide an equipment Resolution No. 2020-39 Page 3 of 7 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. The proposed 80-foot high wireless communications facility will not adversely affect the General Plan because it is designed to be compatible with the surrounding environment consistent with the following goal and policy of the General Plan: Land Use Element Goal 1 (promote a balance of land uses to address community needs) and Policy 2.2 (support community land uses to accommodate the City’s needs for goods and services). Cellular and data services will be enhanced and improved for surrounding businesses and residents. The facility is proposed in the least obtrusive location to fill a gap in services coverage. 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. 2018-117 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 (collec tively “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 o r 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 brou ght under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 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. 2020-19, 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 December 14 , 2020, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14t h day of December, 2020 by the following vote: AYES: NOES: Commissioners: CALDERON , MCLOUGHLIN, MORRISSEY, NGUYEN (4) Commissioners: ABSENT: Commissioners: CONTRERAS-LEO , GARCIA (2) ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho , City Attorney By ~ 'Ji<,.f~ John~nk Sr. Assistant City Attorney ~:V Chairperson Resolut ion No . 2020-39 Page 4 of 7 Resolution No. 2020-39 Page 5 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-39 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 14, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 12/14/2020 Resolution No. 2020-39 Page 6 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-19 Conditional Use Permit No. 2020-19 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. 2018-43. 2.Conditional Use Permit No. 2020-19 shall not become effective unless Variance No. 2020-04 is approved and in full effect. 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 if the conditional use permit must be amended. 4.Prior to the issuance of a building permit to construct the facility, a full landscape and irrigation plan shall be submitted for review and app roval by the Planning Division. Plans must include: a.A six (6) foot tall solid block wall with vines to surround the facility and its related equipment on all sides; b.Installation of additional 36-inch box trees where missing from existing planter areas along Main Street and the south property line to screen the proposed facility and its related equipment; and c.A 36-inch box tree replacement at a 1:1 ratio for any removed trees. 5.The applicant shall be responsible for maintaining the subject site free from debris, overgrown vegetation, and graffiti. Any graffiti must be removed within 24 hours. 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. Resolution No. 2020-39 Page 7 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 Californi a 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. 2020-19 expires 10 years from the date of Planning Commission approval.