The URL can be used to link to this page

Home My WebLink About31B - CUP - 601 S SANTA FE STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2015 -23 TO ALLOW A 57 -FOOT TALL WIRELESS FACILITY FOR SBA COMMUNICATIONS WIRELESS AT CLERK OF COUNCIL USE ONLY: ;••a t+ [] As Recommended [� As Amended ® Ordinance on 1" Reading 0 Ordinance on 2 "a Reading El Implementing Resolution E7 Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -23 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on December 14, 2015 by a vote of 4:1 (Bacerra opposed, Alderete absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -23 as conditioned to allow a 57 -foot high wireless facility ( "mono- palm ") at 601 South Santa Fe Street located in the Heavy Industrial (M -2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION SBA Communications is proposing to renew an existing 57 -foot high wireless facility disguised as a palm tree. This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a palm tree, the tower was designed to incorporate fronds that extend several feet above the top of the existing structure. These fronds will be replaced as part of the project to enhance the appearance of the structure. Moreover, the existing parking spaces at the front of the industrial building will be repainted to address paint fading that has taken place over time. Full -sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). 31 B -1 Conditional Use Permit No, 2016-23 — Wireless Facility at 001 South Santa Fe Street January 19, 2015 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. AP,rb epUmportalStaft Paapola for P OUR1608VA oommunlaAona Monopalm.00 8 f w W a �• m a c 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 14, 2015 TITLE: PUBLIC HEARING - FILED BY CORE DEVELOPMENT SERVICES FOR CONDITIONAL USE PERMIT NO. 2016- 23 TO ALLOW A 57 -FOOT TALL WIRELESS FACILITY FOR SBA COMMUNICATIONS AT 601 SOUTH SANTA FE STREET {STRATEGIC PLAN NOS. 3, 2; 3, 51 Prepared by Ali Pezeshkpour — — ecutive Director — — PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Manager j Adopt a resolution approving Conditional Use Permit No. 2015 -23 as conditioned. Request of Applicant Core Development Services, representing SBA Communications, is requesting approval of a 57 -foot high wireless facility ( "mono- palm ") at 601 South Santa Fe Street. Major wireless communication facilities require approval of a conditional use permit (CUP) pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description The project is located on a 16,920 - square foot (0.39 -acre) parcel of land located on the east side of Santa Fe Street near Hathaway Street. The site is currently improved with an industrial building, trash enclosure, and surface parking areas. The General Plan land use designation for the site is Industrial (IND), which allows for industrial land uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Heavy Industrial (M -2). The M -2 zoning district allows for industrial uses with ancillary wireless facilities. The proposed use is also consistent with the zoning designation. Land uses surrounding the site include industrial uses to the north, south and west, and the LOSSAN corridor railroad to the east (Exhibits 1, 2 and 3). Proiect Description SBA Communications is proposing to renew an existing 57 -foot high wireless facility disguised as a palm tree. This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower was designed to incorporate fronds that extend several feet above the top of the existing structure. These fronds will be replaced as part of the project to enhance the appearance of the structure. Moreover, the existing parking spaces EXHIBIT A 31 B -3 CUP No. 2015 -23 December 14, 2015 Page 2 at the front of the industrial building will be repainted to address paint fading that has taken place over time. Equipment for the wireless facility will continue to be contained within an enclosure that measures approximately seven feet by 30 feet for a total of 210 square feet. This enclosure is located at the rear (northeast) of the existing building, adjacent to an existing trash enclosure, while the mono - palm itself will remain in its current location within the enclosure at the rear of the building. An existing, mature palm tree will remain adjacent to the facility to assist with stealthing, with other vegetation planted along the perimeter of the equipment enclosure and railroad tracks to remain (Exhibits 4, 5 and 6). ,,,. In June 2005, the Planning Commission approved Conditional Use Permit No. 2004 -34 to allow construction of the subject mono -palm and equipment enclosure. Since its construction, the facility has provided cellular coverage to the immediate area. SAMC Section 41- 198.13 states that major wireless communication facilities shall be approved for a period not to exceed five years, although subsequent State legislative acts have required that such facilities be approved for a period not to exceed 10 years. As the current facility is now over 10 years old, the applicant is required to apply for a new CUP in order to maintain the current facility. The site is owned by Maxine and Harold Findley and is developed with an industrial building that was constructed in 1968. The building is currently occupied by a sign manufacturer. (Project Analysis In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the SBA Communications facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Staff has reviewed the applicant's request to operate a major wireless communication facility at this location. In analyzing the conditional use permit request, staff believes that the following analysis warrants staff's recommendation of approval for the conditional use permit. As part of the development review of the project, staff worked closely with the applicant to identify improvements to enhance the overall appearance of the site. These improvements include replacement of existing palm fronds that have faded since the facility's construction 10 years ago, and restriping of the parking area at the front of the building for safety purposes. Pursuant to provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], local agencies are preempted from requiring additional screening or stealthing of the facility if such screening or stealthing was not required at the time of original construction. Staff believes that replacement of the existing fronds will enhance the appearance of the mono -palm and that restriping of the front parking area will enhance safety and functionality for clients and employees of the industrial use at the property. 31 B -4 CUP No. 2015 -23 December 14, 2015 Page 3 This location is optimal to provide the coverage necessary for existing and expanding service. The proposed facility will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to SBA Communication's services by expanding cellular and data coverage in the area. The proposed facility will be 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). Finally, the use will continue to comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the SAMC. The 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 proposed monopole. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The monopole's 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. Renewing the facility for a further 10 years will allow the facility to provide the cellular services that are readily available for business owners, workers, and residents in the immediate vicinity. Public Notification The project site is not located within the boundaries of an established Neighborhood Association. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of the project. Categorical Exemption Environmental Review No. 2015 -74 will be filed for this project Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), as well as Objective No. 5 (leverage private investment that results in tax base expansion and job creation citywide). 31 B -5 CUP No. 2015 -23 December 14, 2015 Page 4 Conclusions Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -23 as conditioned. 7 Ali Pezeshkpour, AICP Assistant Planner I AP:jm apkrepods \Staff Reporls for MCUP'15 -23 SBA Communlcatlons Monopalm.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations MEW FIRST 1 �� a- cz.x c,- ea � cx,�on cz�„ ca,K�x cz.,ou Mt I . �' A, i CE a Xi Pl n3 n3 fl3 fl3 M7 RM �1 Al fl3 :.� H3 n3 R3 R3 R3 N M Nti -!` PA P3 i fl] IAi fl] FEE HJ 113 PR3M1 1 G R3 R3 R3 R a n3 R3 1 P, Skl pa PiW All RI n Rl AI �" 6 J M nn nx Ra TRl R1 Rt R341 I' I � Aa na wl lE1 R1 R1 N1 .0 __ J ZI 1 HOBART 4--usu b Z IUD Al W)WALAC"WLTURALj' CR CQMMEYIALRODEJnAL RI SNGLEFAMILYFSSDF.MIAL -8 EtiMdRNGMONRCATION GC GOV4NIOMTCEN H FU MFAMILYF> MICE GSM aWMEpAI.S)UDIMAIN All UGHTIND -EMAL m MULTR.EDE� OWMLJM GI ODMMUNITYNMMEFOAL M2 HEIWINDUSIAAL. FAMILYFEDEJGE GLMO IXNMM. oomm TlAUMUaIM oismCE MO MILITAWOFERATIONS W SiWWNAPARI M a CM LCOMMEADAL O G S'ACE m FESDFMALETWE C3 UNTFAL@1SNESS p FMF13`MGNAL T S FGDEE\eZ v1' B T MA CBMWlLBUS14 aSARRbTMLEACE R;D RANNEDOOMMUNITV0MUMMT 9' aMROFVM Cd FLANNMWOPRNGCEN� RANNWFM:NPALDEV OWDIT 05 AAMALCOMME AL CUP 2015 -23 SBA COMMUNICATIONS MONOPALM 601 SOUTH SANTA FE STREET — — =5DO FEE 1 ^' =1DDo F$T P L A N N I N G A N D B U I L D I N G AG E N C Y EXHIBIT 1 VICINITY MAP 31 B -7 \ vi g �p z 0 v CHESTNUT STREET \ \ \ \\ INDUSTRIAL °\ PARK \ \ PUBLIC \\ STORAGE G ° 9 ° \ �92�r� \`� °♦ INDUSTRIAL ,� ♦♦ PARK '9 � ♦s �e x F- �n ♦ ♦ z z HUNTER AVENUE w z uj 5 Q I CUP 2015 -23 SBA COMMUNICATIONS MONOPALM (s 6 _ql 01 SOUTH SANTA FE STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT2 w • 4 m a 9 s s�- ggaa a� al agar N 4� tt '` W d r ' z � r 31 B -10 TI E J d W N -I 54 W �J 3 � 55g. � •� � 'viii � � o"' � S y F § k � I P" e� 3.alaalmaa s b� k L r- E N N S g � § 4 Kk a 4 ,� ;., atf m•rnln %y'i�l(tYf".J��if11`� r' °it' n4 �r.� "fimWitfirc vF�P Ag@ 6k a p z EXHIBIT 5 0 31 B -11 LS 12, 14,15 RESOLUTION NO.2015 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO, 2015 -23 AS CONDITIONED FOR THE PROPERTY LOCATED AT 601 SOUTH SANTA FE STREET 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. Applicant is requesting approval of Conditional Use Permit No. 2015 -23 to allow a 57 -foot high major wireless communication facility at the property located at 601 South Santa Fe Street. B. Santa Ana Municipal Code Section 41- 198.3(b) requires approval of a conditional use permit for the installation of major wireless facilities. C. SAMC Section 41- 198.13 states that major wireless communication facilities shall be approved for a period not to exceed five years, although subsequent State legislative acts have required that such facilities be approved for a period not to exceed 10 years. D. As the current facility is now over 10 years old, the applicant is required to apply for a new CUP in order to maintain the current facility. E. On December 14, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -23. F. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -23 to allow for a major wireless facility: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The project will continue to provide a service or facility which will contribute to the community. The major wireless communication facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to SBA Resolution No. 2015 -xx Page 1 of 6 31 B -12 Communication's services by providing cellular service and data coverage for its users in the center city sector of Santa Ana. 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 will not, 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 issuance of a new conditional use permit for the facility at this location will not be detrimental to persons residing or working in the area as the proposed 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 mono -palm, in conjunction with the onsite improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the monopole's location at the rear of the site and site enhancements will maintain and increase the economic stability for this commercial and industrial area by providing an additional service for business owners, workers, and residents in the area. 4. That the proposed use will 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 construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility will be steatthed 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 of the city or any specific plan applicable to the area of the proposed use. 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 Resolution No, 2015 -xx Page 2 of 6 31 B -13 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 mono -palm. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The mono- palm's 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. Enhancing a cell phone provider's coverage in the area adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of the project. Categorical Exemption Environmental Review No. 2015 -74 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -23 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 601 South Santa Fe Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 14, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2015 -xx Page 3 of 6 31B-14 ADOPTED this 14th day of December, 2015. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attomey Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 14, 2015. Date: Planning Commission Secretary City of Santa Ana 31 B -15 Resolution No. 20'15 -xx Page 4 of 6 1- 0011i11r�1 Conditions of Approval for Conditional Use Permit No. 2015 -23 Conditional Use Permit No. 2015 -23 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 rip for to exercising the rights conferred by this approval. 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 The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2015 -32). Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 57 -foot wireless facility. 4. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. The permit 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 upon activation of the facility. The permit applicant shall insure that lessee or other users) 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. Resolution No. 2015 -xx Page 5 of B 31 B -16 Any damage to existing structures, walls, parking areas, or landscaping must be repaired before release of utilities or issuance of final occupancy. 8. Conditional Use Permit No. 2015 -23 expires 10 years from the date of City Council approval. Resolution No. 2015 -xx Page 6 of 6 31 B -17 31 B -18