HomeMy WebLinkAbout31A - 1316 3/4 EAST WARNER
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
DECEMBER 5, 2005
TITLE
FILED BY STARBRIDGE COMMUNICATIONS
FOR CONDITIONAL USE PERMIT NO.
2005-24 TO CONSTRUCT A 60-FOOT
HIGH CELLULAR ANTENNA AT 1316X
EAST WARNER AVENUE - STARBRIDGE
COMMUNICATIONS, APPLICANT
APPROVED
D As Recommended
o As Amended
D Ordinance on 1st Reading
D Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
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CITY MANAGER
CONTINUED TO
A
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2005-24 as conditioned.
PLANNING COMMISSION ACTION
On November 14, 2005, the Planning Commission approved Conditional Use
Permit No. 2005-24 as conditioned by a vote of 7:0 to construct a 60-foot
tall cellular antenna in the Light Industrial (Ml) zoning district at
1316~ East Warner 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.
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Jay . Trevino
Exe tive Director
Planning & Building Agency
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31A-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
NOVEMBER 14, 2005
TITLE:
PUBLIC HEARING - FILED BY STARBRIDGE
COMMUNICATIONS FOR CONDITIONAL USE
PERMIT NO. 2005-24 TO CONSTRUCT A
60-FOOT HIGH CELLULAR ANTENNA AT
1316~ EAST WARNER AVENUE
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Marvin Ellenbecker
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lYxecutive Director
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RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2005-24 as
conditioned.
DISCUSSION
Request of Applicant
Starbridge Communications, representing Sprint PCS,
approval of a conditional use permit to construct
cellular antenna at 1315% East Warner Avenue.
is requesting
a 60-foot tall
Property Description
The property is located within the Light Industrial (M-l) zoning district
and has a General Plan land use designation of Industrial (IND)
(Exhibit 1). The property is bounded by industrial uses to the north,
south, east and west (Exhibit 2). The subj ect property, known as the
Johanna Substation, is approximately 16.7 acres in size, rectangular in
shape and improved with a utility substation, utility transmission lines,
and recreational vehicle storage.
Project Description
Sprint PCS currently leases 576 square feet near the entrance to the
Southern California Edison Johanna Substation property for an existing 35-
foot wireless facility and equipment cabinets. The current facility is
not camouflaged and has an array of three antennas at the top. No changes
are proposed for the existing equipment cabinets and landscaping
(Exhibit 3). Sprint is proposing to remove the 35-foot wireless facility
and replace it with a 50-foot high wireless facility monopole.
EXHIBIT A
31A-2
Conditional Use Permit No. 2005-24
November 14, 2005
Page 2
The proposed facility would have flush mounted antennas and is being
proposed because the high voltage power lines at the Southern California
Edison Johanna Substation preclude the use of any other type of
camouflaged equipment (Exhibit 4).
Analysis of the Issues
In July 1998, 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 wireless facility is located more
than 500 feet from Warner Avenue and is also screened from Warner and
Grand Avenues by an industrial building. In addition, the wireless
facility is screened from Grand Avenue by an existing landscaped berm in
front of the Johanna Substation. The proposed monopole is designed to
allow for future collocation by another provider.
The applicant has explored alternatives to the monopole 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 60-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
monopole will be located in existing cabinets within the leased area. All
wiring and conduit will be underground or hidden in the interior of the
monopole. The proposed wireless facility complies with the City's
Wireless Communications Facility Ordinance and will provide needed service
to the southeast section of the City.
Based upon the above
Planning Commission
conditioned.
analysis and findings, staff recommends that
approve Conditional Use Permit No. 2005-24
the
as
31A-3
Conditional Use Permit No. 2005-24
November 14, 2005
Page 3
CEQA Compliance
This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15303. This Class 3 exemption allows
in-fill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2004-237 will be filed for this project.
Marvin Ellenbecker
Landscape Development Associate
~~~~
Vince Fregoso,
Senior Planner
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EXHIBIT 4
31A-8
KO - 11/4/05
RESOLUTION NO. 2005-74
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2005-24 TO ALLOW A 60-FOOT
WIRELESS TELECOMMUNICATIONS FACILITY FOR THE
PROPERTY LOCATED AT 1316 :y. EAST 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. Conditional Use Permit No. 2005-24 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
November 14, 2005.
Conditional Use Permit No. 2005-24 has been filed with the
City of Santa Ana seeking to allow a 60-foot wireless
telecommunications facility for the property located at 1216
:y. East Warner Avenue.
B. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional
Use Permit is required for major wireless facilities.
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?
The proposed 60-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 southeast sector of Santa Ana.
31A-9
Resolution No. 2005-74
Page 1 of3
2. 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.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed monopole, in conjunction with the existing
landscaping, will be compatible with the surrounding area
and will not adversely affect the economic viability in the
area. The stealth appearance will be the major solution to
maintaining and increasing the economic stability for this
industrial 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 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 Industrial (IND) General
Plan designation.
D. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15303. This Class 3 exemption
allows in-fill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2004-237 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2005-24 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
31A-10
Resolution No. 2005-74
Page 2 of 3
the above said hearing, which includes but is not limited to: the Request for Planning
Commission Action dated November 14, 2005 and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 14th day of November, 2005 by the following vote:
AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz,
Rodriguez (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Vice-Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2005-74 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 14, 2005.
Date:
Planning Commission Secretary
City of Santa Ana
31A-11
Resolution No. 2005-74
Page 3 of 3
Conditions for Approval for Conditional Use Permit No. 2005-24
Conditional Use Permit No. 2005-24 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 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 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. Plannina Division
1. The applicant must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No. 04-
93).
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 monopole shall be constructed as per approved plans and
the existing landscaping shall be protected in place during the construction
period for the 60-foot monopole facility.
4. The permit applicant recognizes that the frequencies used by the cellular
facility located at 1316 :y. East Warner 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
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.
EXHIBIT "A"
P~, A~!(2
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 phone number to which
interference problems may be reported. This condition will also apply to
all existing facilities in the City of Santa Ana.
8. 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.
9. 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.
13. Conditional Use Permit No. 2005-24 expires five years from the date of
City Council approval.
EXHIBIT "A"
Pa{je 2 of 2
31A-13
31A-14