Loading...
HomeMy WebLinkAbout2003-01-14 - RESOLUTIONS - WIRELESS AT&T CUP (2)RESOLUTION NO 03-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DENYING AN APPEAL SUBMITTED BY PEDRO S. DE GUZMAN AND AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO ADOPT A NEGATIVE DECLARATION AND APPROVE A CONDITIONAL USE PERMIT FOR A WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF 12 PANEL ANTENNAS, A 24 -INCH MICROWAVE DISH AND AN ASSOCIATED EQUIPMENT SHELTER. THE PANEL ANTENNAS WILL BE MOUNTED ON THE SIDE OF AN EXISTING NEWHALL COUNTY WATER DISTRICT WATER TANK. THE 24 -INCH MICROWAVE DISH WILL BE ATTACHED TO THE ROOF OF THE EQUIPMENT SHELTER. WHEREAS, the City Council of the City of Santa Clarita (hereafter "City") hereby makes the following findings of fact: A. An application for Master Case 02-235 (Conditional Use Permit 02-014) was filed by AT&T Wireless (the "applicant") with the City of Santa Clarita on June 24, 2002. The property for which this application was filed is located at 23554 Dockweiler Drive. The General Plan and zoning designation for the property is RL MOCA (Residential Low with a Mineral/Oil Conservation Area Overlay). The application was deemed complete on July 24, 2002. B. The project proposes the installation of a wireless telecommunications facility consisting of twelve panel antennas on an existing 40 foot high water tank and an equipment shelter adjacent to the water tank. C. The surrounding land uses include vacant land to the north, south and west and oil production to the east. D. An initial study and a Negative Declaration for this project have been prepared and circulated in compliance with the California Environmental Quality Act (CEQA) and adopted as required by that Act. E. A public hearing was duly noticed for the Planning Commission meeting of October 15, 2002. The public hearing was held at 7:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA. During this meeting, the Planning Commission received the staff report and public testimony, and approved the project. F. Pedro S. de Guzman submitted a letter on October 29, 2002, requesting an appeal of the Planning Commission's decision. G. A public hearing was duly noticed for the City Council meeting of January 14, 2003, which was held at 6:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA. During this meeting, the City Council received the staff report and public testimony on the project. Resolution No. 03-9 Page 2 WHEREAS, the City Council, has considered the proposed Negative Declaration and, based upon the findings set forth below, hereby finds that Negative Declaration for this project has been prepared in compliance with CEQA: A. An Initial Study and a Negative Declaration for this project have been prepared in compliance with the California Environmental Quality Act (CEQA). B. The Initial Study has been circulated for review and comment by affected governmental agencies and the public, and all comments received, if any, have been considered. The Negative Declaration was posted and advertised on September 25, 2002, in accordance with CEQA. The public review period was open from September 25, 2002, through October 15, 2002. C. There is no substantial evidence that the project will have a significant effect on the environment. The Negative Declaration reflects the independent judgement of the City of Santa Clarita. D. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the City Council is the Master Case 02-235 project file within the Planning and Building Services Department and is in the custody of the Director of Planning and Building Services. WHEREAS, in making its determination regarding the conditional use permit application, the City Council has considered certain principles and standards, and finds and determines as follows: A. That the proposed location, size, design, and characteristics of the proposed wireless telecommunications facility and equipment are developed in accordance with the purpose of the Unified Development Code, the purpose of the Residential Low zone in which it is located, the Santa Clarita General Plan and the development policies and standards of the City. The UDC permits wireless telecommunications facilities that exceed 35 feet in height within the Residential Low zone with a conditional use permit, providing all development standards are met. B. That the location, size, design, and characteristics of the wireless telecommunications facility and the necessary equipment, as conditioned, complies with the performance standards of the existing Residential Low zoning designation and the Wireless Communications Facilities Ordinance because the equipment would be co -located on an existing public utility structure, and therefore the proposal is compatible with and will not adversely affect or be materially detrimental to adjacent uses or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density because the antennas would be - designed and painted to match the colors of the existing water tank and the equipment shelter will not have a negative impact on public view because the landscaping will provide adequate screening; Resolution No. 03-9 Page 3 The availability of public facilities, services, and utilities because the project would not demand any additional facilities and services; 3. The harmful effect on desirable neighborhood character because the facility would be co -located on an existing water tank and equipment shelter will be screened; 4. The generation of traffic and the capacity and physical character of surrounding streets because the only traffic generated by the facility would be once a month for the purposes of maintenance; 5. The suitability of the site for the type and intensity of use or development which is proposed because the facility would be designed to match the existing the water tank; 6. The harmful effect, if any, upon environmental quality and natural resources because the site has been developed with a water tank and the facility will be co - located and will require minimal disturbance to the natural environment; and C. That the proposed wireless telecommunications facility, the necessary equipment, location and screening of the facilities, and general operating characteristics do not conflict with neighboring vacant land and oil production uses and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity because the antennas would be mounted on an existing water tank that exceeds 35 feet in height and the proposed facility, although visible, would not have a significant visual impact to adjacent uses and roadways. D. That the proposed wireless communication facility and necessary equipment will comply with the applicable provisions of Unified Development Code, as conditioned. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Clarita, California, as follows: SECTION 1. The City Council hereby affirms the Planning Commission decision and adopts a resolution adopting the Negative Declaration and approving Master Case 02-235, a Conditional Use Permit for a wireless telecommunications facility consisting of 12 panel antennas, a 24 -inch microwave dish and an associated equipment shelter, subject to the conditions of approval. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 03-9 Page 4 PASSED, APPROVED AND ADOPTED this 14th day of January, 2003. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )as. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 14th day of January 2003, by the following vote: AYES: COUNCILMEMBERS: Kellar, Weste, Ferry, McLean, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK s:\pbe\current\!2002\02-235\cc reso EXHIBIT A CONDITIONS OF APPROVAL MASTER CASE 02-235 CONDITIONAL USE PERMIT 02-014 FINAL CONDITIONS OF APPROVAUMITIGATION MEASURES General Conditions GC1. Unless appropriate permits and entitlements are activated, the approval of this conditional use permit and associated entitlements shall expire two years from the date of conditional approval. GC2. The applicant may file for an extension of the conditional use permit prior to the date of expiration for a period of time not to exceed one year. If such an extension is requested, it must be filed no later than 60 days prior to expiration. GC3. The applicant shall be responsible for notifying the Director of Planning and Building Services in writing of any change in ownership, designation of a new engineer, or change in the status of the developer, within 30 days of said change. GC4. Unless otherwise apparent from the context, the term Applicant shall include the applicant and any other persons, corporation, or other entity making use of this grant. The applicant shall defend, indemnify, and hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul the approval of this Subdivision by the City, which action is provided for in Government Code Section 66499.37. In the event the City becomes aware of any such claim, action, or proceeding, the City shall promptly notify the applicant, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing contained in this Condition prohibits the City from participating in the defense of any claim, action, or proceeding, if both the following occur: 1) The City bears its own attorney's fees and costs; and, 2) the City defends the action in good faith. The applicant shall not be required to pay or perform any settlement unless the entitlement is approved by the applicant. GCS. Details shown on the conditional use permit are not necessarily approved. Any details which are inconsistent with the requirements of ordinances, general conditions of approval, or City policies must be specifically approved. GC6. At any point in the development process, a stop -work order shall be considered in effect upon the discovery of any historic or prehistoric artifacts and/or remains, at which time the City shall be notified. The applicant shall hire a qualified consultant that the City approves to study the site and recommend a course of action, to the satisfaction of the City. Resolution No. 03-9 Page 2 GC7. In lieu of establishing the final specific locations of structures on each lot at this time, the owner, at the time of issuance of building permits, agrees to develop the property in conformance with the City Code and other appropriate ordinances, including but not limited to the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Unified Development Code, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed pursuant to such codes and ordinances in accordance with vested rights as provided for in the Government Code. GCB. This grant shall not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed with the Director of Planning and Building Services, their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. Plannine Pl. The telecommunications facility shall not bear any signs or advertising devices other than certification, warning, or required signage. P2. All equipment shall be painted and/or textured to achieve architectural compatibility with the existing structures for which they are attached and/or located. P3. The enclosure for all associated equipment shall be designed to prevent unauthorized climbing. P4. All accessory/support equipment located within cabinets, shelters, or similar structures shall be screened from public view with walls compatible with existing colors, materials and texture on-site. P5. If the antenna and equipment become inoperative or are abandoned for six months, the facility shall be dismantled and removed no later than ninety (90) days after that six-month period. P6. The operation of the facility shall not cause interference with any electrical equipment in the surrounding neighborhoods, including television, radio, telephone or computer use, nor may the antenna create harmful interference between any other telecommunication facilities, including City -owned communication facilities. PT All facilities shall comply with City adopted noise standards. P8. All wire or cables necessary for the operation of the facility or reception of the signal shall be place underground, except those wires or cables attached flush to the surface of a building or the structure of the antenna. Lines shall follow the corridor of least damage. Resolution No. 03-9 Page 3 P9. Prior to obtaining Planning Division plot plan approval, the applicant shall obtain stamped approval from the Los Angeles County Fire Department for all items within its jurisdiction. P10. Prior to issuance of building permits, the applicant shall comply with all applicable regulations and fees of affected agencies. Pll. It is hereby declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute or ordinance is violated, the City may commence proceedings to revoke this approval. P12. All requirements of the Zoning Ordinance and of the specific zoning of the subject property must be complied with unless set forth in the permit and/or shown on the submitted site plan. P13. Prior to issuance of building permits, the applicant shall meet and confer with the owners of the adjacent petroleum company east of the project site. Building & Safety BSl. All structures shall comply with the detailed requirements of the 1998 California Building, Mechanical, Electrical and Plumbing Codes, 1998 California energy code with AB970 Amendments to Title 24, and 1999 City of Santa Clarita amendments to the California codes. A copy of the City amendments is available at the Building and Safety public counter. Please note, the 2001 California Codes will be in effect beginning November 1, 2002. BS2. At the time of application for a building permit, please submit two complete sets of the following construction documents for plan review: architectural; structural and electrical plans; structural calculations; etc. The applicant shall include lot lines, easements, restricted use area, etc. on the plans. BS3. All structures shall be setback from any ascending and descending slopes per Section 1806.5 BS4. The property is located within 1000 feet of natural hillside brush area and shall comply with the City's Fire Hazard Zone Ordinance. Environmental Services ESl. Construction -related materials, wastes, spills or residues shall be retained on site to minimize transport from the site to streets, drainage, facilities or adjoining properties by wind or runoff. Resolution No. 03-9 Page 4 Parks and Recreation PR 1. Prior to issuance of building permits, the applicant shall submit a final landscape and irrigation plan for review and approval by the Director of Parks, Recreation and Community Services. The landscape plan shall incorporate mature landscape to screen the water tank and the equipment shelter. The screening shall be reviewed and approved by the Director of Planning and Building Services. S: \PBS \ CURRENT\!2002 \ 02-235 \ Final ConditionsoMpproval.doc