HomeMy WebLinkAbout2001-37•
RESOLUTION NO. 01- 37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2001-13
TO ALLOW A MAJOR WIRELESS COMMUNICATION FACILITY
LOCATED AT 1403 NORTH TUSTIN AVENUE IN THE PROFESSIONAL
(P) ZONE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission does hereby find, determine and declare as
follows:
A. Conditional Use Permit No. 2001-13 has been filed with the
City of Santa Ana seeking to allow a major wireless communication facility to be
located at 1403 North Tustin Avenue in the Professional Zone, in the City of
Santa Ana, as a conditional use.
B. Santa Ana Municipal Code Section 41-638 authorizes the
Planning Commission to grant a conditional use permit upon making certain
• findings.
C. The Planning Commission held a duly noticed public hearing on
June 11, 2001 which was continued to June 25, 2001, for Conditional Use Permit No.
2001-13.
D. Mitigated Negative Declaration and Mitigation Monitoring Program
for Environmental Review No. 01-08 has been prepared for the Project.
Section 2. The Planning Commission has reviewed and considered the
information contained in the initial study and the mitigated negative declaration and
mitigation monitoring program for Environmental Review No. 01-08 prepared with
respect to this Project. It is determined that, as required pursuant to the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Mitigated
Negative Declaration adequately addresses the expected environmental impacts of this
Project. On the basis of this review, the Planning Commission finds that there is no
evidence from which it can be fairly argued that the project will have a significant adverse
effect on the environment. The Planning Commission hereby certifies and approves the
negative declaration and mitigation monitoring program and directs that the Notice of
Determination be prepared and filed with the County Clerk of the County of Orange in
the manner required by law.
. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the
Planning Commission has determined that, after considering the record as a whole,
there is no evidence that the proposed project will have the potential for any adverse
effect on wildlife resources or the ecological habitat upon which wildlife resources
depend. The proposed project exists in an urban environment characterized by paved
concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to
Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish
and Game Department filing fees is not required in conjunction with this project.
Section 3. The Planning Commission approves Conditional Use Permit No.
2001-13 as conditioned in Exhibit "A" attached hereto and incorporated herein.
Section 4. The Planning Commission 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. 2001-13.
ADOPTED this 9th day of July , 2001 by the following vote:
AYES: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Richardson, Verino (2)
• ABSTENTIONS: Commissioners: None (0)
ATTEST:
L ra Joh
ecreta o the Planning Commission
APPROVED AS TO FORM:
hristopher G. Norman
Assistant City Attorney
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EXHIBIT "A"
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001-13
Conditional Use Permit No. 2001-13 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 Fire Code,
the Uniform Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rior 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.
A. Planning Division
1. The project shall remain in compliance with Site Plan Review DP No. 00-
88.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At this time, staff will determine if
• administrative relief is available or the conditional use permit must be
amended.
3. Switch the location of the proposed monopine to the west of the ancillary
equipment and install the concrete block wall enclosure around the
ancillary equipment only. This will allow additional area to accommodate
two live pine trees.
4. Provide one stealth pine including material samples,
manufacturer and stock number for the stealth pine to the Planning
Division prior to issuance of the building permit. AI{ conduit or other
communications equipment must be designed to run through the core of
the equipment from the base to the antenna area. (Modified by
Planning Commission July 9, 2001.)
5. Two live canopy Canary Island Pines (Pinus canariensis) are to be
planted to create a contextual setting for the monopine. The pine trees
are to be planted west of the proposed cellular facility and must be a
minimum of 36-inch boxed size.
6. Indian Hawthorn (Raphiolepis indica Cvs.), five gallon size container
material, must be installed at three foot apart to fill in the landscape area.
• 7. Boston Ivy vines (Parthenocissus tricuspidata), one gallon size, must be
installed at 10 foot intervals on the north and west walls that surrounds the
wireless facility.
8. Shredded cocoa hulls or redwood bark mulch, two inches medium size,
shall be provided over the entire landscaped area.
9. An automatic irrigation system, including back-flow preventer, with pop-
uptype sprinkler heads or bubbler type sprinkler heads shall be provided
to serve the leased area.
10. Landscaping is to be maintained throughout the life of this conditional use
permit to include the minimum level of plant materials installed at the time
when Certificate of Occupancy is issued.
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EXHIBIT "B"
FINDINGS OF FACT FOR CONDITIONAL USE PERMIT NO. 2001-13
A. Will the proposed use provide a service or facility which will contribute to the
general well being of the neighborhood or the community?
The proposed 60 foot tall cellular monopole will provide a service to the
community by assisting Sprint Telecommunications in reducing the gaps
in digital cellular service that is provided to its users, especially for users
traveling on the Newport-Costa Mesa (SR-55) Freeway and in the
surrounding industrial area.
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B. 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?
Federal law exempts local jurisdictions from regulating health related
issues as these issues are covered under Federal laws. However, the
proposed facility will be in compliance with both the Federal
Communications Commission (FCC) and Federal Aviation Administration
(FAA) safety regulations.
C. Will the proposed use adversely affect the present economic stability or future
economic development of properties surrounding the area?
The proposed monopole, in conjunction with the two new pine trees to be
planted, will be compatible with the surrounding area and will not
adversely affect the economic viability in the area as the monopole has a
stealth design that will maintain the appearance of a pine tree, with
landscaping a major tool used in maintaining and increasing economic
stability of project sites.
D. Will the proposed use comply with the regulations and conditions specified in
Chapter 41 for such use?
The cellular facility has been designed to be in compliance with the
regulations and conditions identified in Chapter 41 for a major wireless
facility.
E. Will the proposed use adversely affect the General Plan or any specific plan of
the City?
The proposed monopole will not adversely affect the General Plan as
• cellular facilities, designed to be compatible with the surrounding
environment, are consistent with the goals and objectives of the
Professional and Administrative offices (PAO) General Plan designation.
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