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HomeMy WebLinkAbout2000-29• RESOLUTION NO.00-29 GAS: 8/28/00 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 99-23, TO INSTALL A 60 FOOT CELLULAR MONOPALM ANTENNA LOCATED AT 1211 SOUTH MAIN STREET WHEREAS, Santa Ana Municipal Code Section 41-198.3(b) requires a conditional use permit for major wireless facilities in the City; and WHEREAS, this Commission held a public hearing on August 28, 2000, on Conditional Use Permit No. 99-23, to install a 60 foot cellular monopalm antenna located at 1211 South Main Street. 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 abovesaid hearing this Commission finds and determines as follows: • A. Will the proposed use provide a service or facility that will contribute to the general well being of the neighborhood or the community? The extended height of the monopole will provide an improved cellular service to Santa Ana residential and business customers. The proposed stealth design and new landscaping will reduce visual impacts to the neighborhood and community to maintain the general well being of the neighborhood residents. 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. 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 a commercial district abutting residential development. Although the commercial property abuts residentially zoned property, the exiting lease area is setback to approximately 63 feet from the property line. The proposed 60 foot high monopole will replace the existing 35 foot monopole in the same location. Building permits are required for this project • 1 • ensuring the project conforms to Federal, State, and local safety regulations for monopole installations. The monopole will be disguised as a palm tree with a round trunk and artificial palm fronds that will visually obscure the antenna array allowing the monopole to contextually blend with the surrounding palm trees. In addition, one live palm tree at approximately 40 to 50 feet in height will be planted to correspond with the monopalm height and two existing palm trees on site. Shrubs and flowering pear trees will also be installed along the property line abutting residential development to further screen the project and protect the neighborhood residents and employees working in the area from visual intrusion and aesthetic impacts. C. Will the proposed use adversely affect the present economic development of property in the surrounding area. The proposed monopalm 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 stealth monopole will be disguised as a palm tree similar to the numerous live palm trees of the same species in the area. The contextual setting is further enhanced by two existing live palm trees on the site and the addition of one new live palm that will also be installed on the site within the lease area. To • improve the visual appearance of the site, vines are proposed for the seven-foot high wrought iron fence surrounding the lease area. In the planter abutting the residential development on the east property line, shrubs and flowering pear trees, taller than the block wall, and irrigation will also be installed. D. Will the proposed use comply with the regulations and conditions specified in this chapter for such use. The subject site does not conform to current code requirements. There are several signs that are not consistent with the zoning code. The signs will be removed prior to Conditional Use Permit No. 99-23 becoming valid and building permits issued. The proposed monopole complies with the Major Wireless Communication Facility development standards for height and screening. However, the project does not meet the location guidelines for wireless facilities. The guidelines suggest a minimum distance between residential properties and wireless facilities is 140 feet. The existing AirTouch monopole location was approved and constructed approximately 63 feet from a residential property prior to the adoption of the • 2 Wireless code in 1998. The proposed stealth design and additional landscape abutting residential development will minimize the visual impacts to the neighborhood. E. 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 experiences (Urban Design Element 1.0 and 3.0). The stealth palm tree design will be complimented by the surrounding palm trees from the Main Street streetscape to the skyline reducing the aesthetic and visual impacts to the Main Street transportation corridor and residential neighborhood. 2. Conditional Use Permit No. 99-23 is hereby approved as conditioned in Attachment A, • attached hereto and incorporated herein and shall not be effective until the Site is brought into compliance with Chapter 41 of the Santa Ana Municipal Code. ADOPTED this ~_ day of A~gi,ct , 2000, by the following vote: AYES: Commissioners Mondo, Nalle, Solorio, Doughty, Verino, Cribb, and Richardson NOES: Commissioners None ABSENT: Commissioners None ABSTENTIONS: Commissioners None • 3 • • ATTEST: .~ . ~. Sharon McCain Johnson Commission Secretary AS TO FORM: stant City Glens Mondo Chairperson •