Loading...
HomeMy WebLinkAboutRESO 2016-06_4501 W MacArthur (Verizon)LS 2.8.16 RESOLUTION NO. 2016 -06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -26 AS CONDITIONED FOR A MAJOR WIRELESS FACILITY ON THE PROPERTY LOCATED AT 4501 WEST MACARTHUR BOULEVARD 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 -26 to allow for the installation of a 60 foot tall major wireless facility at the property located at 4501 West MacArthur Boulevard. 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. On February 8, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -16. D. 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 -26 to allow for the installation of 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 provide a service or facility which will contribute to the community. The proposed mono - eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to Verizon Wireless services by reducing the gaps in cellular service and providing additional calling capacity for its users in the southwest sector of Santa Ana. 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. Resolution No. 2016 -06 Page 1 of 7 The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as 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). Moreover, the nearest residential use is located over 2,500 linear feet from the site, further reducing any potential impacts. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed mono - eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance, two live eucalyptus trees, and site enhancements will maintain and increase the economic stability for this industrial corridor by providing an additional service for business owners, workers, and residents in the area. Further, the stealth appearance and the planting of live eucalyptus trees will help screen the facility from the Santa Ana River Trail. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will 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 proposed facility will be stealthed as a eucalyptus tree, will feature new and enhanced landscaping, will provide an equipment enclosure, 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 proposed mono - eucalyptus 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 mono - eucalyptus. In addition, Goals 3 and 5 require preservation of neighborhood character and Resolution No. 2016 -06 Page 2 of 7 integrity as well as mitigation of developments' impacts. The proposed mono - eucalyptus is designed to minimize visual impact on the area by implementing stealth design and the planting of two eucalyptus trees to screen the facility. 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 enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. E. In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15303. The Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts. The wireless facility is proposed to be located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as there are no other wireless facilities currently on or near the site, the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. Categorical Exemption Environmental Review No. 2014 -56 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 -26 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 4501 West MacArthur Boulevard. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Resolution No. 2016 -06 Page 3 of 7 Commission Action dated February 8, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 8th day of February, 2016. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney None (0) None (0) None (0) 1,16-me, 'Gartner Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2016 -06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 8, 2016. Date: a/ 8/j 1.4 Planning Commission Secretary City of Santa Ana Resolution No. 2016 -06 Page 4 of 7 EXHIBIT Conditions of Approval for Conditional Use Permit No. 2015 -26 Conditional Use Permit No. 2015 -26 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 prior 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 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2014 -25). 2. 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 mono - eucalyptus shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot high wireless facility. 4. The proposed monopole shall be maintained per the following specifications: a. The mono - eucalyptus facility should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight (8) feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. C. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. Resolution No. 2016 -06 Page 5 of 7 e. There should be a minimum space of seven (7) feet between the top of the antenna and the top of the branches. f. Branches should have an upward sweep similar to that of an actual deciduous or broadleaf tree. g. Branch foliage color should be an olive green with some brown leaves to match an actual deciduous or broadleaf tree. A sample shall be submitted for approval prior to fabrication. h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. All antennas shall be covered with "antenna socks" that match the approved foliage color. j. All "stand -off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I. Show the location of the GPS antenna on all elevations. M. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. n. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. 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. 6. 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. Resolution No. 2016 -06 Page 6 of 7 7. The permit applicant shall insure that lessee or other user(s) 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. 8. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 9. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 10. Conditional Use Permit No. 2015 -26 expires ten (10) years from the date of City Council approval. Resolution No. 2016 -06 Page 7 of 7