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HomeMy WebLinkAbout2001-049 Not AdoptedRESOLUTION NO. 2001-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2001-12 TO ALLOWA 60 FOOT HIGH MONOPOLE FOR THE PROPERTY LOCATED AT 1125 WEST CENTRAL AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council does hereby find, determine and declare as follows: Conditional Use Permit No. 2001-12 has been filed with the City of Santa Ana to allow a 60 foot high monopole telecommunication facility for the property located at 1125 West Central Avenue, in Santa Ana. The Planning Commission held a duly noticed public hearing on June 11, 2001, and approved Conditional Permit No. 2001-12 with certain conditions. Pursuant to Santa Ana Municipal Code Section 41-642, on July, 2, 2001, the City Council received the Planning Commission's written findings of fact for Conditional Use Permit No. 2001-12 and set the matter for public hearing. Section 2. The City Council approves Conditional Use Permit No. 2001-12 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. The City Council makes and adopts the written findings of fact attached hereto as Exhibit "B" and incorporated herein, in rendering its decision to approve Conditional Use Permit No. 2001-12. ADOPTED this day of ,2001. Miguel A. Pulido Mayor Resolution No. 2001-049 Page 1 of 5 APPROVED AS TO FORM: Joseph W. Fletcher City Attomey By:. Christopher G. Norman Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2001-049 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2001-049 Page 2 of 10 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001-12 Conditional Use Permit No. 01-12 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 Uniform Building 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 Comply with all conditions and requirements of the Development Review Committee (DRC) for the development of this project (DP 00-094). Mono-pine must be constructed with a round pole to simulate a tree trunk. Add one Canary Island Pine tree. The size of the pine tree is to be minimum of a 48 inch box tree. Resolution No, 2001-049 Page 3 of 5 EXHIBIT "B" FINDINGS OF FACT FOR CONDITIONAL USE PERMIT NO. 2001-12 Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community. The height of the monopole will provide an improved cellular service to Santa Ana residential and business customers. The proposed stealth design, location, and new landscaping will reduce visual impacts to the neighborhood and community to maintain the general well being of the neighborhood residents. Will the proposed use, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Federal Communication Commission regulates the wireless telecommunication industry through the Telecommunications Act of 1996. Local jurisdictions are not permitted to address electrical magnetic emissions, as related to health issues, in considering land use issues. The subject site is located in on an Edison substation that abuts commercial development on the west and multi-family residential on the east. Although the proposed location does not meet the location guidelines for separation between the use and residential properties, the distance between the Sprint lease area and east property line abutting residential development is 165 feet. The residential development on the south side is approximately 68 feet from the lease area. Building permits are required for this project ensuring the project conforms to Federal, State, and local safety regulations for monopole installations. The monopole will resemble a Canary Island Pine tree with a round trunk and artificial boughs that will visually obscure the antenna array allowing the monopole to contextually blend with the surrounding trees. In addition, one live pine trees approximately 40 feet in height will be planted to correspond with the mono-pine height and existing trees in the area. Ground cover and vines along the block wall will also be installed to further improve the site and protect the commercial, residential neighborhoods, and employees working in the area from visual intrusion and aesthetic impacts. Will the proposed use adversely affect the present economic development of property in the surrounding area. Resolution No. 2001-049 Page 4 of 10 The proposed monopole will allow the provider to improve the cellular communication service to the local residents and businesses. The economic values of the surrounding properties will not be affected by the proposed project since the monopole will be a stealth pine tree similar to the live pine trees within the front setback. The contextual setting is further enhanced by the addition of a live pine tree, ground cover and vines. Will the proposed use comply with the regulations and conditions specified in this chapter for such use. The subject site is owned by Southern California Edison and therefore is not required to conform to current code requirements. However, the proposed telecommunication facility complies with the City's Major Wireless Communication Facility development standards for stealth design, height, landscape and screening. The project does not conform to the Iocational guideline that encourages a 140-foot separation between residential land use and a wireless facility. The proposed lease area is 165 feet from Edison's easterly property line abutting residential and approximately 68 feet from residential uses on the south side of Central Avenue. It is anticipated the proposed stealth design and additional landscaping will minimize the visual impacts to the commercial and residential neighborhood. Will the proposed use adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. The proposed monopole is in compliance with the overall land use policies of the General Plan to provide services to the residents and the business community. The project also is in compliance with the goals and policies of the Urban Design Element that require cellular and similar facilities to be placed so that the facilities are not detrimental to the aesthetic quality, character, and image of the surrounding area. Other urban design policies promote improvements to the physical appearance of the community by providing a pleasant travel experience (Urban Design Element 1.0 and 3.0). The surrounding trees from adjacent properties will compliment the stealth palm tree design and reduce the aesthetic and visual impacts to the Bristol Street transportation corridor and residential neighborhood. Resolution No. 2001-049 Page 5 of 5