HomeMy WebLinkAbout31A - 1403 3/4 NORTH TUSTINREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
FEBRUARY 20, 2007
TITLE:
AMENDMENT TO CONDITIONAL USE PERMIT
NO. 2001-13 TO CONSTRUCT A 60-FOOT
HIGH WIRELESS FACILITY AT 1403%
NORTH TUSTIN AVENUE - WMI
ENTERPRIS INC. - APPLICANT
~ ~~~
CITY MANAGER
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving amendment to Conditional Use
Permit No. 2001-13 as conditioned.
PLANNING COMMISSION ACTION
On January 22, 2007, the Planning Commission approved amendment to
Conditional Use Permit No. 2001-13 as conditioned by a vote of 5:1 (Gartner
absent) to renew the operation and allow the construction of a 60-foot tall
wireless facility stealthed as a monopine in the Professional (P) zoning
district at 14033/, North Tustin. 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.
JaJ M. Trevino
Executive Director
Planning & Building Agency
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31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JANUARY 22, 2007
TITLE:
PUBLIC HEARING - FILED BY WMI ENTERPRSISES,
INC. TO AMEND CONDITIONAL USE PERMIT NO.
2001-13 TO CONSTRUCT A 60-FOOT HIGH
WIRELESS FACILITY AT 1403% NORTH TUSTIN
AVENUE
Prepared by Marvin Ellenbecker
_~~ L~fl ~
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Planning M ager
Adopt a resolution approving amendment to Conditional Use Permit No.
2001-13 as conditioned.
DISCUSSION
Request of Applicant
WMI Enterprises, Incorporated, representing Global Signal Acquisitions
II, LLC is requesting an amendment to Conditional Use Permit No. 2001-13
to renew the operation and allow the construction of a wireless facility
stealthed as a monopine at 1403% North Tustin Avenue.
Property Description
The property is located within the Professional (P) zoning district and
has a General Plan land use designation of Professional and Administrative
Office (PAO) (Exhibit 1). The property is bounded by commercial office
uses to the north and south, commercial office and a retail shopping
center to the west, and the Newport-Costa Mesa Freeway (SR-55) to the east
(Exhibit 2). The subject property is owned by Tarbell Plaza Partnership
and is approximately 2.65 acres in size, irregular in shape and improved
with a four-story 57,000 square foot office building.
Project Description
The applicant is proposing to remove an existing 60-foot wireless monopine
facility and construct a new 60-foot high monopine facility that will
accommodate a second wireless carrier (Exhibits 3 and 4).
EXHIBIT A
31 A-2
Conditional Use Permit No. 2001-13
January 22, 2007
Page 2
The proposed wireless facility will include two sets of panel antennas
with tower-mounted amplifiers. It will also include coaxial cable located
inside the tower structure, all of which will be camouflaged as a Canary
Island Pine Tree. The monopine and equipment cabinets will be enclosed by
an eight-foot high block wall that will be an extension of the existing
wall. The enclosure will be screened on the north, east and west sides
with shrubs and vines. The two existing Canary Island Pines (Pinus
canariensis) will be relocated to the north of the leased monopine area
(Exhibit 5). The leased site is adjacent to a parking lot to the south
and is visible to the SR-55 Freeway to the east. The existing monopine
wireless facility will be replaced with a monopine based on the latest
technology for camouflaging wireless facility antennas and will be
engineered to accommodate the second carrier. The upgrade to the wireless
facility is a condition for the renewal of the site for Global Signal
Acquisitions II, LLC (Sprint PCS is the current service provider) and the
colocation of Metro PCS as the second wireless carrier (Exhibits 6 and 7).
The site will operate with a temporary cell on wheels (COW) for 20 days
during the replacement of the old structure with the new structure.
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 and requires the approval of a conditional use permit.
The proposed wireless facility will be located within an enclosed leased
area, with the equipment cabinets screened by solid walls and new
landscaping. Adequate screening is provided for the wireless facility by
camouflaging it in the form of a Canary Island Pine tree. The new
monopine will be designed to provide colocation for the second wireless
carrier, Metro PCS.
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 for Sprint PCS and Metro PCS. A 60-foot tall facility is
needed in order to improve cellular coverage and increase call capacity
and quality. The proposed cellular antenna will provide a benefit to
Santa Ana residents, businesses and motorists who subscribe to both
wireless carriers by closing service gaps in the area and providing
31 A-3
Conditional Use Permit No. 2001-13
January 22, 2007
Page 3
additional calling capacity. Equipment for the monopine will be located
in metal 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 northeast
section of the City. The proposed upgrade for the monopine is required as
part of the renewal for the existing carrier, Global Signal Acquisitions
II, LLC (Sprint PCS) and to structurally accommodate the additional
antennas for the second carrier, Metro PCS.
Based upon the above analysis and findings, staff recommends that the
Planning Commission approve the amendment to Conditional Use Permit No.
2001-13 as conditioned.
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. 2006-86 will be filed for this project.
~osw^,_
Marvin Ellenbecker
Landscape Development Associate
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KO - 1 /17/07
RESOLUTION NO. 2007-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA AMENDING CONDITIONAL
USE PERMIT NO. 2001-13 TO RENEW THE OPERATION
AND ALLOW THE CONSTRUCTION OF A WIRELESS
FACILITY STEALTHED AS A MONOPINE FOR THE
PROPERTY LOCATED 14033/4 NORTH TUSTIN 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. 2001-13 was approved by the Planning
Commission on July 9, 2001.
B. The amendment of Conditional Use Permit No. 2001-13 came before the
Planning Commission of the City of Santa Ana for a duly noticed public
hearing on January 22, 2007.
C. Conditional Use Permit No. 2001-13 has been filed with the City of Santa
Ana seeking to renew the operation and allow the construction of a
wireless facility stealthed as a monopine for the property located 14033/4
North Tustin Avenue.
D. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional
Use Permit is required for major wireless facilities.
E. 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 the
community?
The proposed 60-foot tall cellular monopine will provide a
service to Santa Ana residents, businesses and motorists
who subscribe to Sprint PCS and Metro PCS services by
reducing the gaps in digital cellular service and providing
additional calling capacity for its users, especially for those
users traveling within the northeast sector of Santa Ana.
Resolution No. 2007-13
31 A-12 Page 1 of 7
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 monopine, in conjunction with the existing
landscaping, will be compatible with the surrounding area
and will not adversely affect the economic viability of the
area. The stealth appearance will be the major solution to
maintaining and increasing the economic stability for this
professional office 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 monopine 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 Professional and
Administrative Office (PAO) General Plan designation.
F. 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. 2006-86 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2001-13 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
Resolution No. 2007-13
31 A-13 Page 2 of 7
the above said hearing, which includes but is not limited to: the Request for Planning
Commission Action dated January 22, 2007 and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 22nd day of January, 2007 by the following vote:
AYES: Commissioners: Betancourt, Cribb, De La Torre, Leo, Lutz (5)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
None (0)
Gartner (1)
None (0)
Christopher Leo
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. 2007-13 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on January 22, 2007.
Date:
Planning Commission Secretary
City of Santa Ana
31A-14
Resolution No. 2007-13
Page 3 of 7
Conditions for Approval for Conditional Use Permit No. 2001-13
The amendment to Conditional Use Permit No. 2001-13 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 atl other applicable regulations.
The applicant must comply in full with each and every condition listed below rior 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. Plannins~ Division
The applicant must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No.
2006-27).
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 constructed as per approved plans and
the existing landscaping shall be protected in place during the construction
period for the 60-foot monopine facility.
4. Two existing Canary Island Pine trees (Pinus canariensis) shall be
relocated north of the leased area and be guaranteed to grow for a period of
one year. Replacement of a tree equal in size would be required if one or
both of the trees should die within the replacement period. In addition,
matching shrubs and Boston Ivy vines shall be planted per the landscape
plan.
5. The proposed monopine shall be constructed per the following
specifications:
a. The monopine should have 3.1 branches per foot for full density
coverage with limited spacing between the branches; 70 percent of
the branches should be eight feet or longer.
b. Branch disbursement should be random so that longer branches
and shorter branches are intermingled to give a natural
appearance.
Exhibit A
Resdution No. 2007-13
31A-15 P~4~'
c. Branches should exceed all antennas by a minimum of 12 inches.
d. Branches should start at 15 feet above the ground.
e. There should be a minimum space of seven feet between the top of
the antenna and the top of the branches.
f. Branches should have an upward sweep similar to that of actual
Canary Island Pines.
g. Branch foliage color should be an olive green with some brown
"needles" to match an actual Canary Island Pine. A sample should
be submitted for approval prior to fabrication.
h. Full bark cladding with a custom color should be submitted for
approval prior to fabrication.
i. All antennas shall be covered with "pine antenna socks" that match
the approved foliage color.
j. All "stand-off mounts" and support pipe mounts shall be concealed
behind antennas and painted a darker shade of green (or black)
with a "flat" paint finish to reduce reflection and visibility of the
mounting.
k. Include the tree specifications (selected manufacturers and models)
with photo simulations (also a site plan review requirement).
I. Show the location of the GPS antenna on all elevations.
m. Provide a "unistrut" detail for the utility cabinet; an "H-frame" is not
acceptable.
n. Provide a note on the plans stating "install underground utilities
sleeving for two carriers during construction of the structure". The
sleeving should go underground through the caisson; shrouds on
the outside of the pole are not acceptable. All utilities, coaxial and
conduit for the project should be designed to be underground; this
shall eliminate the need for an "ice bridge".
o. All exterior conduit and electrical meters shall be installed and
screened in one metal enclosure painted to match the structure.
p. A temporary cell on wheels (COW) shall be permitted during the
replacement of the existing pole with the new pole structure. The
Resolution No. 2007-13
31 A-16 Page 5 of 7
temporary cell on wheels will be allowed for 20 days during the
replacement of the existing pole structure with the new pole
structure.
6. The permit applicant recognizes that the frequencies used by the cellular
facility located at 1403'/. North Tustin 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.
7. 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.
8. 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 aDivision-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
9. 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.
10. 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 Ciry's designated
representative upon activation of the facility.
Resolution No. 2007-13
31 A-17 Pege s ~'
11. 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.
12. The permit applicant shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
13. The proposed wireless communication structure must be engineered to
allow the colocation of other service providers.
14. Locate all equipment and related appurtenances (appleton plug and
electric meter) on the inside of the equipment enclosure or inside the
building and underground all electrical power from the utility source shown
on the approved site plan.
15. Conditional Use Permit No. 2001-13 shall expire five years from the date
the City Council receives and files the amendment to Conditional Use
Permit No. 2001-13.
Resolutlon No. 2007-13
31 A-18 Pew' ~'