HomeMy WebLinkAboutRESO 2020-16_2220 S RITCHEYRESOLUTION NO. 2020-16
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2020-07 AS CONDITIONED TO RENEW
THE ENTITLEMENTS OF AN EXISTING 60-FOOT TALL
MAJOR WIRELESS COMMUNICATION FACILITY
LOCATED AT 2220 SOUTH RITCHEY STREET
LSS,11.20
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 Alexander Lew with Core Development Services, representing Crown
Castle USA, Inc. ("Applicant"), is requesting approval of Conditional Use
Permit ("CUP") No. 2020-07 to renew the entitlements of an existing 60-
foot tall major wireless communications facility disguised as a mono-palm
located at 2220 South Ritchey Street.
B. On April 12, 1999, the Planning Commission approved CUP No. 1999-05
allowing the construction of the subject major wireless communications
facility.
C. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-198.3{b), a
Conditional Use Permit is required for major wireless communications
facilities established in the City of Santa Ana.
D. In addition, SAMC Section 41-198.13 states that major wireless
communications facilities shall be approved for a period not to exceed ten
(10) years.
E. As the current facility has reached its 10-year term, the Applicant is
required to apply for a new CUP in order to maintain the entitlements for
the current facility.
F. On May 11, 2020, the Planning Commission held a duly noticed public
hearing on CUP No. 2020-07.
G. The Planning Commission determines that the following findings, which
must be established in order to grant this CUP pursuant to SAMC Section
41-638, have been established for CUP No. 2020-07 to renew the
entitlements of an existing 60-foot tall major wireless communication
facility:
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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 major wireless communication facility will continue to
provide a service to Santa Ana residents, businesses and
motorists who subscribe to cellular services by providing
cellular service and data coverage for its users within the
vicinity. The issuance of a new conditional use permit will
allow the provider to continue to provide a service to the
surrounding community.
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 issuance of a new conditional use permit to maintain a
wireless facility at this location will not be detrimental to
persons residing or working in the area as the facility will
remain in compliance with Federal law that governs health
related issues for wireless facilities, including safety
regulations from the Federal Communications Commission
(FCC) and Federal Aviation Administration (FAA).
3. That the proposed use will not adversely affect the present
economic stability or future economic development of properties
surrounding the area.
The facility is compatible with the surrounding area and will
not adversely affect the economic viability in the area. The
stealthing provided by the facility's location at the rear of the
site will maintain and increase the economic stability for this
industrial area by providing an additional service for
business owners, workers, and residents in the area.
4. That the proposed use shall 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 continuation of existing wireless facilities identified in
Chapter 41 (Zoning Code) of the Santa Ana Municipal Code.
The facility will continue to be stealthed by its design and
surrounding landscape 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 major wireless communication facility 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 facility. In addition, Goals 3 and 5
require preservation of neighborhood character and integrity
as well as mitigation of developments' impacts. The mono-
palm location minimizes visual impact on the area and
assists with the stealthing of the equipment. Further, Policy
2.2 encourages land uses that accommodate the City's
needs for services. Maintaining a cell phone provider's
coverage in the area adds to the services that are readily
available for business owners, workers, visitors 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 15301 (Class1 -Existing Facilities). The Class 1 exemption applies to the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination. This is a renewal of an existing facility with no expansion
of use. Based on this analysis, a Notice of Exemption for Environmental Review No.
2019-103 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
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.
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Section 4. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereb y app rove s CUP No. 2020-07 , as conditioned in Exhibit A ,
attached hereto and incorporated herein. CUP No. 2020-07 expires 10 years from the
date of Planning Commission approval. This decision is based upon the evidence
submitted at th e above sa id hearing , which incl udes , but is not limited to: the Requ est
for Planning Commission Action dated May 11 , 202 0 , and exhibits attached thereto; and
the publi c testimon y, all of which are incorporated herein by this reference.
ADOPTED this 11 th day of May, 2020 by th e following vote:
AYES :
NOES:
Commissioners: CANO, CONTRERAS-LEO, GARC I A, MCLOUGLIN, NGUYEN,
PHAN, RI VERA (7)
Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
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cloughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:k ~ (. ~
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERN A L , Reco rding Secretary , do hereby attest to and certify th e attached
Resolution No. 2020-16 to be the original resolution ad opted by the Plann ing
Commission of th e City of Santa Ana on May 11 , 2020.
Date: i--/ 11 /1-0z.o
Re cord ing Secretary
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2020-07
Conditional Use Permit No. 2020-07 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. All site improvements must conform to Development Project Review (DP Nos.
2019-17 and 1998-114) and the staff report exhibits.
2. All deteriorating and/or faded stealth fronds shall be replaced and all antennas
shall be painted a darker green to match the frond color of the surrounding palm
trees.
3. The pole of the cell tower shall be painted a darker brown to be consistent with
the surrounding trees.
4. The Applicant shall provide a 24-hour phone number to which interference
problems may be reported.
5. 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 new CUP.
6. The Applicant shall ensure that the 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.
7. 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.
8. Conditional Use Permit No. 2020-07 expires 1 0 years from the date of Planning
Commission approval.
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