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HomeMy WebLinkAbout31A - 1316 3/4 EAST WARNER REQUEST FOR COUNCIL ACTION ~~~ ~.~~ ~ 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 t/>c .1/; J 2'L ,---- 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. ~/ Jay . Trevino Exe tive Director Planning & Building Agency ME:rb me\reports\cupOS-24.CC 31A-1 REQUEST FOR Planning Commission Action ~ ~ 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 ~ lYxecutive Director 1~~p~F 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 ME:JM me\reports\cup05-24.pc 31A-4 ~ ~ M1 M1 SD.69 M1 M1 M1 g ~ NEWPOFlTC, , " < M1 M1 0 , M1 M1 z < M1 ~ 6 " , ~ ~ I R1.!L~:wlJ ~1jJ ~ ~ R1 ~ z Rl u Rl ~ Rl Rl Rl Rl Rl jB"' GO 38 R1 8G R1 R1 o R2 R2 -R2 M1f I R2 R2 , I M1 5D-63 M1 M1 DYER RD. " " " 11___ I r--~ ~ , M1 I M1 "' M2 M1 ~ M1 A1 -B C-SM C1 C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS.ARTlsr VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL I / M1 " t;;MA~V M1 \ PROJECT M1, SITE .. M1 WARNER AV. SO-8 LlOW II <i2f9:~~%"'" II <17X"" ......:.:,\/f/SO-8 II \f 1/ 11 " I SO-8 II -:'::,1 /~I " " 'I " " // SD-8\\___~/ I~~/-I-' II ~I M1 M1 50-12 f?-!J J' ,-fif M1 g!'- I, 'I " " -, // 80-12 , ,\ CR GC "' "2 "0 o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R' RE SD SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A CUP 05-24 SPRINT PCS MONOPOLE 13163/4 EAST WARNER AVENUE A .gy" 1" "" 1000 FEET - ",,500 FEET P LAN N N G AGE N C Y AND BUILD EXHIBIT 1 31A-5 N G A P LAN N ...,: MAVWOOD AVE. STORAGE J i ~E I VACANT WARNER AVENUE INDU RIAL g ~ '" ~ ~ WAREHOUSE INDUS 'AL HOrEL ~ ~ ~ RESTAURANT HOTEL INDUSTRIAL CUP 05-24 SPRINT pes MONOPOLE 13163/4 EAST WARNER AVENUE N G AND B U L 0 N G EXHIBIT 2 31A-6 w => z w ~ OFFICES! COMMERCIAL o z <I: II: " IA IN AGE N C Y CUP 05-24 SPRINT pes MONOPOLE 1316314 EAST WARNER AVENUE EXHIBIT 3 31A-7 " . , I . , I r ,.J .,.~ CUP 05-24 SPRINT PCS MONOPOLE 13163J. EAST WARNER AVENUE 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