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Home My WebLink About31C - 2116 3/4 W. MONTE VISTA REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: CONDITIONAL USE PERMIT NO. 2004-29 TO CONSTRUCT A 50-FOOT HIGH CELLULAR ANTENNA AT 2116~ WEST MONTA VISTA AVENUE - DELTA ENGINEERING GROUPS, APPLICANT APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 1 st Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For ~~ ~:2~L CITY MANA ER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2004-29 as conditioned. PLANNING COMMISSION ACTION On December 13, 2004, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2004-29 as conditioned by a vote of 7: 0 to allow a 50-foot tall monopine cellular antenna at Monte Vista School, located at 2116~ West Monta Vista Avenue. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. š#J¿?f;in9 Executive Director Planning & Building Agency ME:rb me\reports\cup04-29.cc 31 C-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2004 TITLE: PUBLIC HEARING - FILED BY DELTA ENGINEERING GROUPS FOR CONDITIONAL USE PERMIT NO. 2004-29 TO CONSTRUCT A 50-FOOT HIGH CELLULAR ANTENNA AT 2116~ WEST MONTA VISTA AVENUE APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For DENIED 0 Applicant's Request 0 Staff Recommendation CONTINUED TO Prepared by Marvin Ellenbecker .-#Í~~ Executive rector ~ng Manager RECOMMENDED ACTION Adopt a resolution conditioned. approving Conditional Use Permit No. 2004-29 as DISCUSSION Request of Applicant Delta Engineering Groups, representing Sprint PCS, is requesting approval of a conditional use permit to construct a 50-foot tall monopine cellular antenna at Monte Vista School, located at 2116% West Monta Vista Avenue. Property Description The property is located within the Open Space (0) zoning district and has a General Plan land use designation of Institutional (INS) (Exhibit 1). The property is bounded by residential uses to the north and east, and by open space (Jerome Park) to the south and west (Exhibit 2). The subject property is approximately 9.10 acres in size, square in shape and improved with an elementary school. Project Description Sprint PCS proposes to lease 375 square feet of open space to construct a wireless facility and equipment room. The cellular antenna will be 50 feet tall and will be aligned in three sectors containing two antennas each. The antennas will be stealthed to resemble a Canary Island Pine Tree. The monopine will be located south and west of existing school buildings and to the northwest of existing athletic fields at Jerome Park. EXHIBIT A 31 C-2 Conditional Use Permit No. 2004-29 December 13, 2004 Page 2 The monopine will be located near an existing group of 20-foot tall evergreen canopy California Pepper and Brisbane Box trees. Two 24-inch box Canary Island pines (Pinus canariensis) will be planted in the same vicinity as the stealth monopine. Santa Ana Unified School District personnel will determine the exact location of the two Canary Island Pines. The materials used for construction of the equipment room will match the existing concession stand building located nearby in Jerome Park (Exhibits 3, 4 and 5) . Analysis of the Issues In July 1988, the Planning Commission and City Council adopted an ordinance that regulates Wireless Communication facilities throughout the City. Major wireless facilities are required to have a stealth design and be located on a building or in an area that provides the greatest amount of visual screening. These antennas also require the approval of a conditional use permit. The proposed monopine will be located behind the school building complex, which is located on Monta Vista Avenue. The monopine will be near the concession stand and athletic fields in Jerome Park. The new telecommunications equipment building will be designed to match the concession stand. The proposed monopine is designed to allow for future collocation by another provider. The applicant has explored alternatives to the monopine structure, such as locating the cellular antenna on the roof of an existing building in the area. Structures in the area, however, are not tall enough to meet the coverage needs of Sprint PCS. A 50-foot tall facility is needed in order to improve cellular coverage and increase call capacity and quality. The proposed antenna will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS by closing service gaps in the area and providing additional calling capacity. Equipment for the monopine will be located inside an equipment room within the leased area. All wiring and conduit will be underground or hidden in the interior of the trunk of the monopine. The proposed monopine complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the central area of the City. Based upon the above analysis and findings, staff recommends that Planning Commission approve Conditional Use Permit No. 2004-29 conditioned (Exhibits 6 and 7) . the as 31 C-3 Conditional Use Permit December 13, 2004 Page 3 No. 2004-29 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-76 will be filed for this project. ~~~ Marvin Ellenbecker Landscape Development Associate Vince Fregos Senior Plann ME:JM me\reports\cup04-29.pc 31C-4 HT-i: ~~ :~~:I C~2 I~~~ '~~L. C2~!. 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COMMERCIAUMUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS.ARTIST VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR GC M1 M2 MO 0 P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R1 R1 R1 R1 R1 R1 R1 WlHlAV 8~ .E R1 R1 R1 ~ ~ . R1 R1 B R1 ," ¡ " ð~~~B1 r:JI ~ððð UtI R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP A CUP 04-29 SPRINT PCS MONOPINE WIRELESS FACILITY 21163/4 WEST MONTA VISTA AVENUE A rPt l' = 1000 FEET p L A N N N G A N D B U I EXHIBIT 1 31 C-5 L D - - =500 FEET N G A G E N c y A p L A SINGLE ~ ~ ~ ~ CJ) Q en IX: (,) :¡¡ a: :¡¡ .,: 11: w "' .... '" (,) -J -J (!) Z (!) SFR ¡¡; W ii5 Q '" 0 MONTA VISTA A I L -J I- COMMUNITY CENTER '" '" Q -J IX: '" >- ... ~ (!) ~ ... '" >- « (!) ~ -J a.. '" SENIOR CENTER MONTE V 1ST A RES DE TI L AVENUE CUP 04-29 SPRINT PCS MONOPINE WIRELESS FACILITY 21163/4 WEST MONTA VISTA AVENUE N N N G ELEMENTARY SCHOOL MONOPINE JJi SITE JEROME PAR K A N D B u L EXHIBIT 2 31 C-6 D N G -J '" ~ ~ « ::t (,) Q (,) ...: (,) Q ~ en 0 z w en z 3: 0 .... -J « '" >- ~ (!) - '" ~ ~ Q - « - '" IX: -J « ~ -J en I- ~ '" Q '" '" IX: >- « ... -J :::> ~ A eW A G E N c y w c! ~ to) (E) CHAIN lINK f"ENC[ PROPOSm SPRINT pes 12'-0. WIOE ACCESS EASEMENT PATH EXISnNG UTILRY POlE WI TRANSF'"ORIÆR, PROPOSED POWER AND TtLCO P.D.C. TO BE YERIf1£D BY UTILI1'Y COOROtNATOR PROPOSED POWER/TELCO CONDUIT TRENCHING AND S' WIDE UnL.nY EASEMENT APPROx. 8O'~ EXISTING UGHT STANDARD PROPOSED EOUIAlOO SHElTER PROPOSED SPRtNT PeS 50'-0. HIGH IiONOPINE WITH (4) ANTENNAS PER S£CTOR (3) SECTORS TOTAl.. SITE PLAN J l ~ -+Sprint. -,..- 18200 I/0Il ""'- SOOt: 100 IRVIN£. CA 12612 ~pRO.J'CT "'",",,^TION,' '- .JEROME PARK OG60XC67Ð-A 2218 MONT... VISTA W. MONTA nSTA AYENUE SANTA -.. CA 02704 ~RR£NT ISSUE ""., I 11/24/03 I l r ~'"--~ u ~ '\. I ZONING I . .:=lMTE:=OESCRIPnON;=BY: I ': I ~~ ~ '" ~ ..; [;:::J [:=~~:~~:~~=:~~~:~::~==~=~~=~==~~=~::J [==~~~==~=~~~=:=~~~=~~===:~~:=] ~ i! g I g (') BUIlDINC 11/24/031~~ fOR '" (')1IUIlOINC (E) BUILDING , ~(E) BASEBAll. nELD~ ('> TREr. TtP. I ~(E) CHAIN UNK FENCE DP04-16 ~ IOJ CØi ~ I ..n (' - '-'~1- , I , PROPOSED SO' -0. HIGH MOHOPINE PROPOSED CONCRETE ~ AT GRADE N -4-- 8 , PROPOSED SPRINT PCS PNÐ. ÞHTENtW; (4 PER SECTOR, TrP. 3 SECTORS TOTN..) ANTENNA LAYOUT .~ ... .,2 , ;. " I ÕÞ .. , ;., 6'-.- 18'-.- "-0. KEYED NOTES <9 flEXENT CABINET 0 MTTERY CABINET ~ fUTURE CABINET 0 ~ 0 EQUIPMENT LAYOUT J-1/2- RAISED CONe, EOUIPt.lENT PAD PPC CABINET, WOUNT{D TOWAU. COAX CA8lE LADO£R A ME1'ER t.fAIN. UOUNTED 'V TO OUTER WAll ~I¡ '-- ., . .,3 -~~ =~.'\ ~ J +¥int. _PCO- 18200 YON IWttMN" surT£ 100 IRW4[, CA 82112 " \ \+ + + +\ \+++-k, '\ + + + \ \+ + + +\ PROPOSED SPRINT PCS ~+ + + \ 12'-0. WID[ ACESS EASwENT \ t EXISTING UGtiT "'iZDAAO ': + + + + + 4 II- + + + i 1.'-0- : + + + i l :r + + +: J ! + + + 1 Ii- + + +: -----, : + + + ~ it- + + +: : + + + ~ ~ + + + ¡ : + + + i it- + + +: : + + + ~ I I ----1J..)I + + +: ':+ + + 1 : + + +: :+ + + i : + + +! :+ + + 1 : + + +: :+ + + i ¡ + + +: :+ + + 1 ':~~Eõ-~~ - JI ACCESS DOOR IECT INFORWti1ON:. JlEROME PARK OG80XC67o.A 2218 WONTA VISTA SANTA MIA. CA i2704 URRENT ISSUE: DATE-' I 11/24/03 II =ISSUED fOR: I. ZONING ~ EY.:~TE:=DESCRlP1'K)N;=ar:- PROPOSED TEMPORARY G£HEAATOft PARkiNG PROPOS£D SPRINT PeS 5'-0. l1IIUTY ""101 ~...---- - ---- - - --,,:.¡ " ,'" I ""... ",....'" : :)<: : " I I ' , I ;~~:-_____2:~~_~_---- .. , ~ PROPOSED SPRINT GPS------1 ANTENNA WOUNT£D ON I PROPOSED ROOF I , ~Ii PROPOsm EOUIPMENT-- : I ~ SHElTER :n .,.. PROPOSED ROOf" , , , / , , --{ \ \ ÆI11/24/03I~~ FOR PREPARED BY: Ie Ó DELTA GtOU'S EHGINUIING. INe. -- I'OOf'OSEO lEAS[ AREA , IWlllI'UlA am: 1400 ......CA8Ø14 JD..(M8)III~ Ie' P'.U (HI) 121-01:11 PROPOSED SPRINT EOUPMOO CAæNET MOUNTED & OH RAISED CONCRETt PAD. \ZJ PROPOSED SPRINT PCS PAHEL ANTENNAS (4 PER ffi. SECTOR, TYP. 3 SECTORS '=7 TOtAl) 0 "'RAWN sr'=cHI<.'-APY..=,¡ 0 :sHEET TJTI ~ , EINLARGEID SITEI PLAN, I N ANTENNA AND , 1 EQUIPMENT LAYOUT ~ SHE£! NUMBER=<'o1S!ON, ~ ~<, IA2~ PROPOSED 0'.,' DOOR STOOP , ~ PROPOSED SO' MONOPINE ~ EXIS- lANOSCAPE TO RÐIAJN ENLARGED SITE PLAN DP04-16 ~ 1- cq (E) UCIIT srANlWtD PROPOSED SPRINT PCS SO' IofGH MONOPIN( RAD CÐ(I[R " I ~ WEST ELEVATION .. ...... ",.2 (E) lIGHT sr- y ~ NORTH ELEVATION PROPOSED GPS ANTENNA I ï---~"=E '------ r r, w,1 .Sprint. _...- 18200 '\/Qtf ~ SUIT[ 100 IR't'I£. CA 12612 ~OJECT NFORIIMTION: .JEROME PARK OG60XC67o.A 2218 MONT" VISTA SNITA AHA. CA 92704 ~RRENT ~U~ ;;~ /03 II ,D ",", ZONING ~ "":EV,:~TE:=oE'SCRIPTION:=BV: &111/24/031~~~: fOR 'LANS PREPARED BY:: 1C ) ÐElTA GlOU'S IHGlNUIIMG. IN<:. -- rNt.<-ø)"'-O»1 NORTH ANO WEST ELEVATIONS NUt.lB£R:===REVtSIOH~ IA3~ DP04-16 Conditional Use Permit December 13, 2004 Page 1 of 2 No. 2004-29 Findings of Fact A. Will the proposed use provide contribute to the general well community? a service being of or facility which will the neighborhood or the The proposed 50-foot tall cellular monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCB wireless service by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the central area of Santa Ana. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopine, in conjunction with the existing grove of canopy trees and two additional 24-inch box Canary Island Pine trees to be planted, will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopole has a stealth design that will maintain the appearance of a Canary Island Pine Tree. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this open space area. D. Will the proposed use comply with the specified in Chapter 41 for such use? regulations and conditions The cellular facility has been designed to comply with regulations and conditions identified in Chapter 41 of Santa Ana Municipal Code for a major wireless facility. the the EXHIBIT 6 31 C-1 0 Conditional Use Permit December 13, 2004 Page 2 of 2 No. 2004-29 E. will the proposed use adversely specific plan of the City? affect the General Plan or any The proposed monopole 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 Institutional (INS) General Plan designation. 31 C-11 DECEMBER 13, 2004 PAGE 1 OF3 Conditions for Approval Conditional Use Permit No. 2004-29 is approved subject to the reasonable satisfaction of the Planning Manager, with sections of the Santa Ana Municipal Code, the California Code, the Uniform Fire Code, the Uniform Building Code applicable regulations. compliance, to all applicable Administrative and all other 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. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 04-016). 2. Any amendment to this conditional use to the Planning Division for review. determine if administrative relief conditional use permit must be amended. permit must be submitted At that time, staff will is available or the 3 . The proposed monopine shall be a Chameleon PBL or equal specification. Two live 24-inch box Canary Island Pine (Pinus canariensis) Trees, approximately 12 to 15 feet tall, are to be planted to create a contextual setting for the monopine. The trunk of the monopine shall be circular. 4. The permit applicant recognizes that the frequencies used by the cellular facility located at 2116~ West Monta Vista Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed EX!jJ.BIT 7 31l;-12 DECEMBER 13,2004 PAGE 2 OF 3 by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (Permit Applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS) . Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 5. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 6. Before activating its facility, the permit applicant will submit to a post-installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff- Coroner Department or a Division-approved contractor at the expense of the Applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 7 . The permit applicant shall provide a 24-hour which interference problems may be reported. will also apply to all existing facilities Santa Ana. phone number to This condition in the Ci ty of 8 . The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continui ty on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative upon activation of the facility. 9. The permit applicant shall insure that lessee shall comply with the terms and conditions of shall be responsible for the failure of any users under the control of permit applicant to or other user (s) this permit, and lessee or other comply. 31 C-13 DECEMBER 13, 2004 PAGE30F3 10. 11. 12. 13. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. The proposed engineered to providers. wireless communication allow the collocation structure of other must be service Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building. Conditional Use Permit No. 2004-29 expires five years from the date of City Council approval. 31C-14 KO -12/20/04 RESOLUTION NO. 2004-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-29 TO ALLOW A 50-FOOT TALL MONOPINE CELLULAR ANTENNA AT MONTE VISTA SCHOOL, LOCATED AT 2116% WEST MONTA VISTA 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: B. Conditional Use Permit No. 2004-29 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 13, 2004. Conditional Use Permit No. 2004-29 has been filed with the City of Santa Ana seeking to allow a 50-foot tall monopine cellular antenna at Monte Vista School, located at 2116% West Monte Vista Avenue. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. A. C. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? 2. The proposed 50-foot tall cellular monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS wireless service by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the central area of Santa Ana. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? 31 C-15 Resolution No. 2004-49 Page 1 of 3 3. Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopine, in conjunction with the existing grove of canopy trees and two additional 24-inch box Canary Island Pine trees to be planted, will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopole has a stealth design that will maintain the appearance of a Canary Island Pine Tree. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this open space area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole 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 Institutional (INS) General Plan designation. In accordance with the California Environmental Quality Act, the action is exempt from further review. Categorical Exemption Environmental Review No. 2004-76 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2004-29 as conditioned in Exhibit "AM attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated December 13, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. D. 31 C-16 Resolution No. 2004-49 Page 2 of 3 ADOPTED this 13th day of December, 2004 by the following vote: Commissioners: Cribb, De La Sinclair (7) None (0) None (0) None (0) Torre, Leo, Lutz, Mondo, Nalle, AYES: Commissioners: NOES: ABSENT: ABSTENTIONS: Commissioners: Commissioners: Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2004-49 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 13, 2004. Date: Planning Commission Secretary City of Santa Ana 31 C-17 Resolution No. 2004-49 Page 3 of 3 Conditions for Approval for Conditional Use Permit No. 2004-29 Conditional Use Permit No. 2004-29 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the Califomia Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below Drior 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. A. Plannina Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 04- 016). 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 proposed monopine shall be a Chameleon PBL or equal specification. Two live 24-inch box Canary Island Pine (Pinus canariensis) Trees, approximately 12 to 15 feet tall, are to be planted to create a contextual setting for the monopine. The trunk of the monopine shall be circular. 4. The permit applicant recognizes that the frequencies used by the cellular facility located at 2116% West Monta Vista Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (Permit Applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz EXHIBIT "A" Page 1 of2 31 C-18 5. 6. 7. 8. 9. Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the Applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 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 City's designated representative upon activation of the facility. 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. 10. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 11. The proposed wireless communication structure must be engineered to allow the collocation of other service providers. 12. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building. Conditional Use Permit No. 2004-29 expires five years from the date of City Council approval. 13. EXHIBIT "A" PAge .1. of 2 ~, (;-19 31 C-20