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HomeMy WebLinkAbout31A - CUP -3308 W WARNER AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2017 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING CONDITIONAL USE PERMIT NO. 2017-16 TO ALLOW CONTINUED USE OF A 60 -FOOT HIGH WIRELESS COMMUNICATION FACILITY FOR T -MOBILE WEST LOCATED AT 3308 WEST WARNER AVENUE — SMARTLINK LLC., APPLICANT (STRATEGIC PLAN NO. 3,2) Z'7 CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r�a7:Ti1TT4W ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017-16 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on June 12, 2017, by a vote of 6:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017-16 as conditioned to renew the entitlements of an existing 60 -foot high mono -pole major wireless communication facility located at 3308 West Warner Avenue located in the Light Manufacturing (M-1) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Smartlink, LLC. is proposing to renew the entitlements of an existing 60 -foot high wireless communications facility. In addition, the applicant will remove and replace three antennas and the radome from the mono -pole and install three new remote radio units (RRU's) within the existing 160 -square foot equipment building. The mono -pole and equipment enclosure are located within a screened shelter on the southwest corner of the property, adjacent to the Union Pacific railroad line and set back approximately 200 -feet from Warner Avenue. Aesthetically, the mono -pole will continue to be stealthed as a light standard. The applicant will landscape an existing planter along the Warner Avenue frontage, re -stripe and re -slurry the parking lot as needed, and re -paint the wireless communications facility enclosure to ensure that the subject facility and site continue to comply with all SAMC requirements. 31A-1 CUP No. 2017-16 –T -Mobile West Wireless Facility at 3308 West Warner Avenue July 5, 2017 Page 2 In processing wireless communications facilities, the City of Santa Ana must consider provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], which limits the ability of local agencies to impose additional conditions of approval when cell phone tower permits are renewed. These limits include seismic retrofits, which, according to a study by the City of Los Angeles, cost as much as constructing a new tower. However, the City will condition all new communication facilities to comply with an Importance Factor of 1.5, which is the building standard for public safety facilities. This will ensure telecommunication facilities are functional and provide cell coverage in the event of a major natural disaster. 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). FISCAL IMPACT There is no fiscal impact associated with this action. Candida Neal, AICP —� Planning Manager Planning & Building Agency JG:rb S:PIanning Commission\02-12-17\CUP No. 2017-16.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 12, 2017 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2017-16 TO ALLOW CONTINUED USE OF A 60 - FOOT HIGH WIRELESS COMMUNICATION FACILITY FOR T -MOBILE WEST LOCATED AT 3308 WEST WARNER AVENUE — SMARTLINK LLC., APPLCIANT {STRATEGIC PLAN NO. 3,2) Prepared by Jerry C_Guevara r��u � ecutiv irector RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning nager Adopt a resolution approving Conditional Use Permit No. 2017-16 as conditioned. Executive Summary Smartlink, LLC., representing T -Mobile West, LLC., is requesting approval of a conditional use permit (CUP) to renew an existing 60 -foot high major wireless ("mono -pole") communication facility located at 3308 West Warner Avenue. Major wireless communication facilities require approval of a CUP pursuant to Section 41-198.3(b) of the Santa Ana Municipal Code (SAMC). The subject site is currently developed with the subject mono -pole and a communication equipment enclosure, as well as a 26,000-sqaure foot tilt up industrial building. Table 1: Project and Location Information Item Information Pro ect Address 3308 West Warner Avenue Nearest Intersection Warner Avenue and Susan Street General Plan Designation Industrial (IND) Zoning Designation Light Manufacturing (M-1) Surrounding Land Uses North Industrial East Industrial South Industrial West Industrial Property Size 1.5 acres Existing Site Development The site is developed with a t 26,000 -square foot concrete tilt up industrial building. Use Permissions Allowed with a conditional useermit CUP Zoning Code Sections Affected Use SAMC Section 41-198.3 b Operational Standards SAMC Section 41-198 Wireless Communication Facilities) EXHIBIT A 31A-3 Conditional Use Permit No. 2017-16 June 12, 2017 Page 2 Project Description Smartlink, Ll -C. is proposing to renew the entitlements of an existing 60 -foot high wireless communications facility. In addition, the applicant is proposing to remove and replace three antennas and the radome from the mono -pole and install three new remote radio units (RRU's) within the existing 160 -square foot equipment building. The mono -pole and equipment enclosure are located within a screened shelter on the southwest corner of the property, adjacent to the Union Pacific railroad line and set back approximately 200 -feet from Warner Avenue. Aesthetically, the mono -pole will continue to be stealthed as a light standard. The applicant will landscape an existing planter along the front fagade of the main building that fronts Warner Avenue, re -stripe and re -slurry the parking lot as needed, and re -paint the wireless communications facility enclosure to ensure that the subject facility and site continue to comply with all SAMC requirements. Table 2: Development Standards Standards -1 by SAMC" Provided-' Stealth Design Concealed Structure Stealth as a Light Standard Site Selection Areas that will minimize aesthetic The wireless facility is located at the Intrusion southwest corner of the property and set back approximately 200 -feet from Warner Avenue. Maximum Facility Height _ 60 feet 60 feet Landscaping Groundcover at the base of the Applicant will provide landscape at facility and one 24 inch box tree the front of the main building to comply with this requirement. Equipment Screening Decorative fencing such as wrought The wireless community facility is iron or block around the wireless currently screened by a six foot high facility CMU wall and the equipment is housed within a 14 foot high building. In January 2005, the Planning Commission approved CUP No. 2004-33 to allow the construction of the subject mono -pole (stealth as a light standard) and equipment enclosure. Pursuant to SAMC Section 41-198.3(3), a CUP is required for all major wireless communications facilities In the City. Furthermore, Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed five years. Since the adoption of the City's Wireless Communication Facilities Ordinance, Federal actions have changed and now require that cities approve wireless facilities for a period of not less than 10 years. Since the current facility is now over 10 years old, the applicant is required to apply for a new CUP in order to maintain entitlements for the wireless facility. Proiect Analysis In July of 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 T -Mobile West facility are required to have a stealth design and to be located in an area that provide the greatest amount of visual screening. Further, these major facilities require 31A-4 Conditional Use Permit No. 2017-16 June 12, 2017 Page 3 the approval of a CUP. Staff has reviewed the applicant's request to continue operation of a major wireless communication facility at this location and has determined that the following analysis warrants staff's recommendation of approval for the CUP. The existing mono -pole is compatible with the surrounding area and will not adversely affect the economic viability in the area as the mono -pole has a stealth design that will maintain the appearance of a light standard. In addition, due to its location at the rear of an industrial site and surrounded by industrial uses, the facility will not have any negative visual impacts nor adverse impacts to the surrounding properties. 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. As part of this application, the applicant will install additional landscape to an existing planter along the front facade of the main building that fronts Warner Avenue, re -stripe the parking lot to meet current parking standards, fill in pavement cracks with a layer of slurry seal as needed, and re -paint the wireless communications facility enclosure. These improvements will bring the site into compliance with Section 41-194.4 of the SAMC. 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 the requested site improvements are in accordance with this the Middle Class Tax Relief Act. In addition, the wireless facility will be maintained to comply with the California Building Code Section 3108, which sets the standards for the construction of telecommunication and broadcast towers. Furthermore, this location is optimal to provide the coverage necessary for existing and expanding service. The existing facility will continue to benefit the immediate community by assisting in closing service gaps and providing additional calling capacity for T -Mobile in order to Offer high quality coverage for residents and businesses In the City. The 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. Table 3• CEQA Strategic Plan Alignment and Public Notification & Community Outreach CEQA Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA T e General Rule Section 15061 (b) t3)1 Document T e General Rule Exemption (ER No. 2015-85) Reason(s) Exempt or Analysis 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. This is an existing wireless communication facility and no alterations are being proposed at this time. Furthermore, the facility wi11 comply with FAA and FCC re Mations. 31A-5 Conditional Use Permit No. 2017-16 June 12, 2017 Page 4 CE(�tegic Plan Alignment, and Public Notification & Communit Outreach L _ strategic Plan Alignment Goal(s) and Policy(s) 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) Public Notification & Community Outreach ; Required Measures A ublic noticed was posted on the project site on June 1 2017 Notification by mail were mailed to all property owners and occupants within 500 feet of the ro'ect site on June 1, 2017 News a er ostin was ublished in the Oran e Count Reporter on June 1, 2017 The sub'ect si#e is not located within the boundaries of a nei hborhood association Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve CUP No. 2017-16 as conditioned. Jerry C. Guevara Assistant Planner I JG:sb MAConditlonal Use Per[TA2017CUP No, 2017-18 at 3308 W. Warner Ave=P No. 2017-16.pGAM Exhibits: 1 — Resolution 2 — Vicinity Map 3 — Land Use Map 4 — Site Photo 5—Site Plan 6 — Enlarged Site Plan 31A-6 6.12.17 LS RESOLUTION NO. 2017 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-16, AS CONDITIONED, TO ALLOW CONTINUED USE OF A 60 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 3308 WEST WARNER AVENUE 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. Smartlink, LLC. ("Applicant"), representing T -Mobile West, LLC., is requesting approval of Conditional Use Permit No. 2017-16 to renew the entitlements of an existing 60 -foot high mono -pole major wireless communications facility located at 3308 West Warner Avenue. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-198.10, a conditional use permit (CUP) is required for major wireless communications facilities established in the City of Santa Ana. C. SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed five (5) years, although subsequent legislative acts have required that such facilities be approved for a period of not less than ten (10) years. D. On January 10, 2005, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2004-33 to approve a new60-foot mono -pole wireless communication facility. The applicant was approved at a 5-1 vote. E. As the current facility's entitlements are now over its 10 year timeframe, the Applicant is required to apply for a new CUP in order to maintain the entitlements of the facility current. F. On June 12, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-16. G. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings: Resolution No. 2017-xx Page 1 of 6 31A-7 1. The proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The existing 60 -foot high wireless communications facility will continue to provide a service which will contribute to the community. The facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to Applicant's providers by providing cellular service and data coverage for its users. 2. The proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a conditional use permit to re -entitle this existing wireless communication facility located at 3308 West Warner Avenue will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. Furthermore, Federal law exempts local jurisdictions from regulating health-related issues as these issues are covered by Federal laws. 3. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The existing mono -pole will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the mono -pole has a stealth design that will maintain the appearance of a light standard. In addition, due to its location at the rear southwest corner of an industrial site and setback approximately 200 -feet from Warner Avenue, it is not expected to create any adverse economic impacts for the surrounding properties. 4. 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 in Chapter 41 (Zoning Code) of the SAMC. Additional on-site improvements will bring the site into closer compliance with SAMC standards. Resolution No. 2017-xx Page 2 of 6 31A-8 5. The proposed use will not adversely affect the General Plan or any specific plan of the City. The wireless facility will not adversely affect the intent of 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 City's 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 -pole. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of development impacts. The mono -pole's location minimizes visual impact on the area and assists with the screening 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. H. In accordance with the California Building Code Section 3108, the subject telecommunication facility will be designed, constructed, and/or maintained in accordance with the provisions of TIA-222, which is a set of nationally recognized standards for the constructions of telecommunication and broadcast towers. Section 2. 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. 2015-85 will be filed for this project. Section 3. 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 sole negligence of the City of Santa Ana. Resolution No. 2017-xx Page 3 of 6 31A-9 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-16 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 3308 West Warner Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 12, 2017, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 12th day of June, 2017. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lyn nette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 12, 2017. Date: Commission Secretary City of Santa Ana 31A-10 Resolution No. 2017-xx Page 4 of 6 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2017-16 Conditional Use Permit No. 2017-16 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 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. Planning Division 1. 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. 2. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be protected in place while any required improvements are installed for the 60 -foot wireless facility. 3. 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. 4. 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. 5. 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. 6. Applicant acknowledges and agrees that the permit is expressly conditioned on the applicant maintaining the subject property in a well-maintained condition, including the surrounding landscape. 7. Conditional Use Permit No. 2017-16 expires 10 years from the date of City Council approval. Resolution No. 2017-xx Page 5 of 6 31A-1 1 8. The following on-site improvements shall be conducted prior to the release of this resolution: a. The parking lot shall be restriped in accordance to Sec. 41-1303 of the SAMC. Parking stalls shall be double striped and shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long. b. Fill in pavement cracks with a layer of slurry seal as needed. C. Repaint equipment building and shelter. d. Install landscape to the existing planter along the front fapade of the main building that fronts Warner Avenue, as noted on the approved plans. Once the conditions and improvements have been addressed, contact the case planner to schedule an inspection. The case planner will verify that all conditions and improvements have been met and will release the resolution to the applicant. 9. In the event of graffiti markings, applicant shall eliminate all such graffiti within twenty four (24) hours, with or without notice from the City, as a condition of the permit. Resolution No. 2017-xx Page 6 of 6 31A-12 ml he/ M Rl of z . R1 Mi Ml Mi RI FORor.M 1 '�. Rl MOE� F3 Al Ml M1 Mi Ri R3 Rl M1 M1 M1 RR R1." kR1 °E Rl PENDLE- AV M1 MI .Ml R1 �p j RI Al =E- R4 l M1 Mi e \ + M1 do+..o C4 WARNER Au IITI R2-PRD PRO ECTS[iE M1 ? / F dRiap CE- R4 J M1 M1 "PR1 m Z m R1 w m M1 i l7 = I I I I SEGERSTROM AVE. Al GEJ LAGRCULTURAL} CR CCMMFUALR 3DBAPAL Ri SNGLEFAMILYRBDEN7AL -B PARKNGMODI9CAl10N �MEAT0BTER R2 TVVID AMILYFODIEN E CSM OCMMHNOALSOUTH MAIN M1 LICNTINDUSFRAL m MULIAFLEDEASTYMULTIPLE C1 COMMUNNYCOMME AL M2 HFAVYINDL Al_ FAMILYRE3DBdCE Ci-MD COMM. CCMMFTTAAlJMU531M DISRACT MO MILITAR(OFB2ATTONS RA S. IEUREANAFARTMBNM C2 G]NEALOCMNI SAL 0 OP SFAC RE FESDENTALRAATE C3 GENTRALBASNESS P PRDFF90NAL YcOHCDE OPMENT C1A CENTRAL BASNESSARBSTMLIAGE FCD PANN®COMMUNITYDEVO.O%NBAT S° SPEGBCP N CA %ANND)SiOP%NGCSAIIIR PANNEDFE9DRNTALDE 0PMBJT C5 AWMALOOMMDdCAL CUP 2017-16 At- MONO -POLE WIRELESS FACILITY cw 3308 WEST WARNER AVENUE — — = 500 FEET 1" = 1000 FEET 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 \ EXHIBIT p22 J MAYS � J CUP 2017-16 >. MONO -POLE WIRELESS FACILITY 3308 WEST WARNER AVENUE �qy 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 EXHIBIT 3 31A-14 N� Q — RI L N E INDUS RIAL Pv�NV ER � Lu INDUS r 4 s.f Q w IND STRIAE ¢ CENTRAL AVE. LL v CENTRAL AVE. } � O D z Z J ADAMS ST. � INDUSTRIAL J a ~ w F v > z lwi Z V w _ SEG ERSTRO M AVENUE CUP 2017-16 >. MONO -POLE WIRELESS FACILITY 3308 WEST WARNER AVENUE �qy 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 EXHIBIT 3 31A-14 e, .. - 5A d \ EXI3DNr PARKING LOr ;7 1 E - Lt IT T_ IE E­T,Il E, IT IT-, I`, - � I -[L 41tFILL.E I E TF WITH 4 LA�E` 'F - IIEEJZl. I,E LI',F r I T LLE �E 1,1,TE 'EE NEET ATE -'I IE, H - '-E CAB Aid? Ea IDING BUILDING 'El "A It,", L T, " I I I tl.W, FILL, I 'Iffli LF EIL R;F 1101� pil 0" Awl: I IIII j I _EXISTING"P-MOBILE FACILIM AND LOCATION Or PROPOSED MODIMATIQNS 4'r CUP 2017-17 MONO -POLE WIRELESS FACILITY 3308 WEST WARNER AVENUE EXHIBIT 5 SITE PLAN 31A-16 I UD '-L I l' ILI I T I CUP 2017-16 MONO -POLE WIRELESS FACILITY 3308 WEST WARNER AVENUE EXHIBIT 6 ENLARGED SITE PLAN 31A-17 6.12.17 LS RESOLUTION NO. 2017-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-16, AS CONDITIONED, TO ALLOW CONTINUED USE OF A 60 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 3308 WEST WARNER AVENUE 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. Smartlink, LLC. ("Applicant"), representing T -Mobile West, LLC., is requesting approval of Conditional Use Permit No. 2017-16 to renew the entitlements of an existing 60 -foot high mono -pole major wireless communications facility located at 3308 West Warner Avenue. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-198.10, a conditional use permit (CUP) is required for major wireless communications facilities established in the City of Santa Ana. C. SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed five (5) years, although subsequent legislative acts have required that such facilities be approved for a period of not less than ten (10) years. D. On January 10, 2005, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2004-33 to approve a new 60 -foot mono -pole wireless communication facility. The applicant was approved at a 5-1 vote. E. As the current facility's entitlements 10 year timeframe, the Applicant is required to apply for a new CUP in order to maintain the entitlements of the facility current. F. On June 12, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-16. G. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings: Resolution No. 2017-23 Page 1 of 6 31A-18 1. The proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The existing 60 -foot high wireless communications facility will continue to provide a service which will contribute to the community. The facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to Applicant's providers by providing cellular service and data coverage for its users. 2. The proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a conditional use permit to re -entitle this existing wireless communication facility located at 3308 West Warner Avenue will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. Furthermore, Federal law exempts local jurisdictions from regulating health-related issues as these issues are covered by Federal laws. 3. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The existing mono -pole will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the mono -pole has a stealth design that will maintain the appearance of a light standard. In addition, due to its location at the rear southwest corner of an industrial site and setback approximately 200 -feet from Warner Avenue, it is not expected to create any adverse economic impacts for the surrounding properties. 4. 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 in Chapter 41 (Zoning Code) of the SAMC. Additional on-site improvements will bring the site into closer compliance with SAMC standards. Resolution No. 2017-23 Page 2 of 6 31A-19 5. The proposed use will not adversely affect the General Plan or any specific plan of the City. The wireless facility will not adversely affect the intent of 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 City's 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 -pole. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of development impacts. The mono -pole's location minimizes visual impact on the area and assists with the screening 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. H. In accordance with the California Building Code Section 3108, the subject telecommunication facility will be designed, constructed, and/or maintained in accordance with the provisions of TIA-222, which is a set of nationally recognized standards for the construction of telecommunication and broadcast towers. Section 2. 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. 2015-85 will be filed for this project. Section 3. 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 sole negligence of the City of Santa Ana. Resolution No. 2017-23 Page 3 of 6 31A-20 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-16 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 3308 West Warner Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 12, 2017, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 12th day of June, 2017, AYES: Commissioners: Alderete, Bacerra, Contreras -Leo, McLoughlin, Mendoza, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney �Nairi��y_�rxQ y_l 11r.11 F_�li.�i.r_��iz.»r�rn_���� I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-23 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 12, 2017. Date: Acting Recording Secretary City of Santa Ana 31A-21 Resolution No. 2017-23 Page 4 of 6 Conditions of ADDroval for Conditional Use Permit No. 2017-16 Conditional Use Permit No. 2017-16 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 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. Planning Division 1. 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. 2. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be protected in place while any required improvements are installed for the 60 -foot wireless facility. 3. 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. 4. 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. 5. 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. 6. Applicant acknowledges and agrees that the permit is expressly conditioned on the applicant maintaining the subject property in a well-maintained condition, including the surrounding landscape. 7. Conditional Use Permit No. 2017-16 expires 10 years from the date of City Council approval. Resolution No. 2017-23 Page 5 of 6 31A-22 8. The following on-site improvements shall be conducted prior to the release of this resolution: a. The parking lot shall be restriped in accordance to Sec. 41-1303 of the SAMC. Parking stalls shall be double striped and shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long. b. Fill in pavement cracks with a layer of slurry seal as needed. C. Repaint equipment building and shelter. d. Install landscape to the existing planter along the front fagade of the main building that fronts Warner Avenue, as noted on the approved plans. Once the conditions and improvements have been addressed, contact the case planner to schedule an inspection. The case planner will verify that all conditions and improvements have been met and will release the resolution to the applicant. 9. In the event of graffiti markings, applicant shall eliminate all such graffiti within twenty four (24) hours, with or without notice from the City, as a condition of the permit. Resolution No. 2017-23 Page 6 of 6 31A-23 31A-24