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HomeMy WebLinkAbout2001-23RESOLUTION NO.O1- 23 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.01-15 TO ALLOW A 60 FOOT HIGH MONOPOLE LOCATED AT 3800 SOUTH FAIRVIEW ROAD WHEREAS, Conditional Use Permit No. 01-15 came before the Planning Commission for a public hearing to allow a 60 foot high monopole telecommunication facility located at 3800 South Fairview Road, Santa Ana; WHEREAS, Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings; and WHEREAS, Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 00-205 has been prepared for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the above-said hearing, the Planning Commission finds and determines as follows: • 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 PCS in reducing the gaps in digital cellular service that is provided to its users especially for users traveling on Fairview Street, a major arterial and in the surrounding industrial area. 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 palm 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 palm 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 Industrial (IND) General Plan designation. 2. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 00-205 is hereby approved and certified. 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. • 3. Conditional Use Permit No. 01-15 is hereby approved, subject to conditions, as set forth in Attachment A, attached hereto and incorporated herein. ADOPTED this 11th day of "Tii~e_ 2001 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Doughty, Leo, Mondo, Nalle, Verino (5) None (0) Cribb, Richardson (2) None (0) ATTEST: F-~~~~~ / Rosa Barela Glenn ondo Recording Secretary Chairp son APPROVED AS TO FORM: Christopher G. Norman Assistant City Attorney RESOLUTION NO.Ol-23 `JUNE 11, 2001 PAGE 1 OF 1 Conda.tions for Approval Conditional Use Permit No. 2001-15 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 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. A. • • Planning Division 1. The applicant must comply with from the Development Review project (DP No. 00-080). all conditions and requirements Committee for the development 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. Two live palm trees are to be planted to create a contextual setting for the monopalm. One palm tree to be planted adjacent to the proposed cellular facility must be a minimum of 40 feet in height, with the second palm tree a minimum of 50 feet in height. The height of the palm trees should be measured at the brown foot trunk per industry standard. 4. Flowering vines must be installed at 10-foot intervals on the wrought iron fencing that surrounds the wireless facility. ATTACHMENT A