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HomeMy WebLinkAbout2013-05-14 - RESOLUTIONS - MC 10 138 APPEAL ATT WIRELESS (2)I RESOLUTION NO. 13-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DENYING AN APPEAL, AND AFFIRMING THE PLANNING COMMISSION APPIZOVAL. OF MASTER CASE NUMBER 10-138, CONDITIONAL USE PERMIT 10-013, TO ALLOW FOR THE CONSTRUCTION OF A WIRELESS FACILITY WITHIN THE CITY OF SANTA CLARITA. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact: a. An application for Master Case 10-138 (Conditional Use Permit 10-013) was filed by AT&T Mobility (the "applicant") with the City of Santa Clarita on November 10, 2010. The property for which this application was filed is located at APN 2854-006-900; b. The application was deemed complete on March 25, 2011; I C. The General Plan designation of the site is Open Space (OS) and the zoning designation of the project site is Residential Suburban (RS); d. The project proposal includes two 44' tall monopoles to house three panel antennas, in addition to eight equipment cabinets, two GPS/91 1 antennas, and all other associated auxiliary equipment to be located within with an 8' tall split -faced masonry wall enclosure measuring approximately 33'-6" x 20'; e. The subject property is bounded on the west and south by the residential uses, to the north by vacant land and single-family residential, and to the east by vacant land; f On .lune 21, 2011, the Planning Commission held a duly noticed public hearing, considered staff presentation, staff report; applicant presentation and public testimony on the proposal and approved Master Case 10-138, Conditional Use Permit 10-013, for the installation of a wireless telecommunication facility with a 5-0 vote; g. On July 6, 2011 Councilmember Marsha McLean submitted a letter of appeal of the project to the City Council fof further consideration; and h. The City Council held a duly noticed public hearing on this issue commencing on ' May 14, 2013, at 6:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita, and considered the staff presentation, agenda report, the applicant presentation, and public testimony on the proposed project. SECTION 2. CALIFORNIA ENVIRONMENTAL OUALI'1'Y AC"r (CEOA) FINDINGS. ' Based upon the foregoing facts and findings, the City Council further finds and determines as follows: a. Notice of Exemption for the project was prepared in compliance with the California Environmental Quality Act (CEQA); b. The project is exempt per Article 19: CATERGORICAL Exemptions, Section 15301: Existing Facilities, of the California Environmental Quality Act as a Class 1 Exemption; C. The location of the documents and other materials, which constitute the record of proceedings upon which the decision of the City Council is based on, is Master Case 10-138 (Conditional Use Permit 10-013) project file within the Community Development Department and is in the custody of the.Director of Community Development; and d. The City Council, based upon the findings set forth above, herby finds the Notice of Exemption for this project has been prepared in compliance with CEQA. SECTION 3. CONDITIONAL USE PERMIT FINDINGS. Based upon the foregoing facts and ' findings for Master Case 10-138, the City Council hereby determines as follows: a. That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this development code, the purpose of the zone in which the site is located, the Santa Clarita General Plan, and the development policies and standards of the City; The proposed location, size, design and operating characteristics of the proposed use are in accordance with the purpose of the City's development code, the purpose of the zone in which the site is located, the General Plan and the development policies and standards of the City. Specifically, the proposed project is consistent with policy 4.4.4 of the Land Use Element of the General Plan which dictates that the City protect and enhance public utility facilities as necessary to maintain the safety, reliability, integrity, and security of essential public service systems for all Valley residents. In addition, the proposed project complies with the City's Wireless Communication Ordinance, Section 17.17.040.N of the Unified Development Code because, although the antennas would be visible from the adjacent neighborhood, they have been designed to be integrated with the design of the existing tanks and would be finished with like textures and colors to appear as part of the structure. The facility would be unmanned and would not increase pedestrian or vehicular traffic and would have no affect on circulation I patterns in the area. ' The proposed project would not have a negative impact on the physical character of the Newhall Water District tanks or surrounding neighborhood as the project is designed to blend into the existing structures with matching materials, colors and textures and has proven to have no noise impacts or other adverse impacts to the project site or adjacent properties. As a public amenity, the facility would increase wireless telecommunication coverage in the Canyon Country area leading to improved wireless reception. b. That the location, size, design, and operating characteristics of the proposed use would be compatible with and would not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to. (1) Harmony in scale, bulk, coverage, and density,- The ensity; The proposed wireless telecommunication facility would be located adjacent to existing Newhall Water District tanks. The antennas would be mounted to poles adjacent to the tanks with materials and colors that would blend in with the overall existing tanks in terms of texture and color. All auxiliary equipment would be located within a decorative masonry block wall shelter and would be completely screened from view. The proposed facility would not significantly change the scale, bulk, coverage, or density of the existing tower. ' (2) The availability ofpublic facilities, services and utilities; The project site is located in a developed portion of the City that is served by public facilities, services, and utilities. The site is unmanned; therefore, the proposed project is not anticipated to generate significant additional demand on public facilities, services, and utilities. Therefore, the proposed project would not create a significant demand for additional utilities. (3) The hm n?ful effect, if any, upon desirable neighborhood character; The wireless facility would not create harmful effects or change the character of the surrounding neighborhood. The facility would be visible to the public from the adjacent neighborhood; however, the antennas would be designed with materials and colors that match the existing tanks in terms of texture and color. Auxiliary equipment would be located within an enclosed equipment shelter and would be completely screened from view. The split faced block material would be consistent with the surrounding environment in terms of color. The proposed equipment shelter is an open-air facility and would not require air ' conditioning equipment to be installed. The project would not increase the level of ambient noise in the area. A noise study was provided and demonstrates no net increase in the existing ambient noise levels of the surrounding neighborhood. (4) The generation of trgffic and the capacity and physical character of surrounding I streets; The proposed wireless facility would be unmanned and thus would not generate traffic nor impact the physical character or capacity of surrounding streets. The wireless facility would not change the nature or use of the existing Newhall Water District tanks, nor would it affect any of the current or future uses of the subject property. (5) The suitability of the site for the type and intensity of use or development which is Proposed, This project is proposed directly adjacent to Newhall Water District tanks. The subject tanks are approximately 47'-3" and 49'-2" tall and the proposed poles are 44' high. The site is located at APN 2854-006-900. The proposed wireless facility is suitable for this location based on: (1) Zoning, this is Residential Suburban in the Unified Development Code, and Open Space in the General Plan, (2) Existing land use, which are Newhall Water District tanks, and (3) Type and intensity of development on the site, which are existing 47'-3" and 49'-2" tall water tanks. ' Other wireless telecommunications facilities have been approved and constructed within similar locations in the past. The wireless telecommunication facility would be installed on poles directly adjacent to the existing water tanks and will be screened from the public to the fullest extent possible in construction materials, textures and colors will match the architecture and finish of the existing structure. (6) The adverse significant effect, if any, upon environmental quality and natural resources which cannot be mitigated unless the approving authority adopts a statement of overriding considerations; and The wireless telecommunication facility would be located directly adjacent to existing Newhall Water District tanks and adjacent to an existing residential area in a developed section of the City and would have no significant effect upon the environment or natural resources. C. That the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, The proposed wireless facility would be installed directly adjacent to existing Newhall ' Water District tanks and would match the existing tanks in terms of architecture, color M and finish. The auxiliary equipment would be located within an enclosed equipment shelter and would be completeiy screened from view by a split faced block wall. The wireless telecommunications facility would not be detrimental to the public's health, safety, or welfare, nor would it be materially injurious to properties or improvements in the vicinity. d. That the proposed use would comply with each of the applicable provisions of City of Santa Clarita Unified Development Code„ except for an approved variance or adjustment. The approval of a Conditional Use Permit for this project together with the Conditions of Approval is consistent with the City's Unified Development Code and General Plan which encourage wireless facilities to be co -located on existing structures. This project does not require a variance or adjustment. SECTION 4. Based upon the findings of fact, the staff report (including staff report and materials from the Planning Commission hearings), written correspondence and oral testimony presented at the appeal hearing, the City Council does hereby deny the appeal, affirming the Planning Commission decision on the project approving Master Case No. 10-138 and its associated entitlements, including Conditional Use Permit 10-013, subject to the Conditions of Approval (Exhibit A). ' SECTION 5. This resolution shall take effect immediately upon its adoption. J 5 PASSED, APPROVED, AND ADOPTED this 14th day of May 2013. DATE: �I Z'-1 //3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA) ) ss. Lei I, Armine Chaparyan, Interim 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 May 2013, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Ferry, Weste, Kellar Boydston, McLean None