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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 ME:rb me\reporta\009 reports\cvp01-13 amendment cc 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 ME:jm me\reports\cup01-13 amendment pc ~, /l.l ~ Vince Fre so, A P Senior P1 nne 31 A-4 8 k 6o.P1 uo n~v I wr..~u ~ ¢ ~ azso so Rl a R4 Al CS,. c5 veo ~ a 6a.aiazw noo s A1R G1 R ~ ~~ ~ Rl e« i ~ SD~52 R3 ~R 6o ~R~L>'2W D r~ R1 ~ ~ C5 A, __ a R1 _ C1 R3 oAt R4 Ri R1 ~ _ mum, R4 R1 ci Al z ~ . 1 Al ~ R1 'x°- R4B Al -~..._.' cs - C5 ~ Ci ~ a C2 C5 "~ C5 11TH ST _- _- - s.m a ~:~ C5~ • C1 CS ~ 5 3 C1 - c~ e y C5 3 / ~.,,_ RLB Rt-B s g I I_ ~ ~ ~ y Ra ; ~4-pp'¢ ~R4-PRDI PROJECT 3 ~ `; =.-,1 \ _ SITE W_;, - ;~! ., __ P ~_ I-=-~- R4 li_iiR4-RRD ~z I,_JI ~~ _ ~ - r~,z;~ R1-PRD ~ ~' _ > a w I` ~~ ~` R11 3 P N W i 4_,I \II R7 R7 ~ r LL O fi m~ 1 I _~-~ N 8 I N -_ ~ {- R1 R1 ~ 0 ~» ~ $ R4 P P «,.- ~ ~ P o P C2 ~ P O o $ P aTH si. ~~ .--rte r-r~vn--r1 Al GENERALAGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN Mt LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APAFlTMENTS Ci-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C0 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL _ AMENDMENT TO CUP 01-13 ~ GLOBAL SIGNAUMETRO PCS ~ ._ 1403 3/4 NORTH TUSTIN AVENUE - - =500 FEET 1' = 1000 FEET P L A N N I N G A N_ D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31 A-5 W C O M M E R C I A L COMMERCIAL Z W RETAIL Q CENTEP P~~ BENj C O M M E R C I A L/ r ~ O F F I C E Q ` 3 _ w U ~ W ¢ - W w '~ Q F LL LL o Z ~ f" COMMERCIAL/ ~ ~ N F OFFICE 6UILDING U N 14Ty ST. c;~ y COMMERCIAL RETAIL °I C O M M E R C I A L / Tvstin O F F I C E AMENDMENT TO CUP 01-13 GLOBAL SIGNAUMETRO PCS ~ / - 1403 3/4 NORTH TUSTIN AVENUE ~ P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-6 ~: .. °a&. c4€e.a e e :"ap~3„f ~a=a~ .ause~oed.~o«`= ~I ~I a A n g e g s ~ ~ 8 ; ea [ a ~ a ~b \y0. ~.( __J =emu / \ 9 Y: 5 ^„ Y m ~~ ~~~ ~H z4 .~ o ' ~ ¢.E:Y 52° d m 5G~N Y=£ .°~S s ~~a' 3 .„~ W ; ~ ~ ' -' - A be o ~' 3~ „ o .s ~ `°i°d4 N Y cb m q qg t ~ Z ~ 3'.~a. i ~d N 3° ~3 i : g ~~3 m :3S o. ¢LaP„ m § ~VpY~ ;9aa'm Sk~t=magg ::~°yd ~wG e =`:~Yg EEC -=.~Y~: y~ : o a~4 `p; po"~g xo~o~ =~gga5 .,a ~~i"::o: ~ SE=o a:gkisrw~CS C]y~b.~g. ~~ ma ~esN:odo: S3S. `<S n~ OA-55 w ~* r Y ~~ ha _~hi ~~ ICI it lea ~~ a O~^ 6 iii `I 6' nY d y i ~~ ~Gtl~~ _ ~JIIIIII I~IIII0.111111111111111011111111111111111111 i ~ iSgm'" _ _ z - _ .mod- mi '-~d ` = J T _ _ ye _ - pe - _ 3II I I II II I II I II Ii I III II fI II R~ ~ i 'J ~ _6 ~~IIIIIII VIII II IfIIIIIIR ~ O' _ C e c a a 5 ~ r `r Z e ~~ £N¢ O o d ~ ________~ _____~__~_ Z t _ o; I _________ ~ £°y r ~f1N3AV NVWdVHO NEWPORT~~ D L~ ~ ~~l A I rs ` L ~~~ ~~~ ]'S e 1 ~ ~~ T ~nmi Ili 11111111111 it 1111111111111 ~~ cn ~ S~~ ~i~ i PO oTy 4 _ o £. c ~~ W _ - ~„ o ~ L l ll ~I'I lil iii i iii i ii ii i iii ii i ii~+ 4 C' I a~ 9 ? ~ ~ ~ ~~ ~ o0 0=< o z a ~~~ ~ °Fmg m~S o ~ ~~ x 3g~3~ ¢ ~ U " r _ ^ ~ ... >. _. a I~ ~`x r~ ~~ ' ~~ ~ o ~.~.~~_.~~.~_,.~ ,a~__s~.~E__ ,k~,k~,~~..~ a~ ~ i ~l i \ ~~ §§~ ~~e 4~ ~~ ~~ €&= ~~ eF I I I V I I I I J X/ ~ ~~,\ %_! 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I ~~ ~ ~ ~ ~~ a~ ~ ~~ ~ a __ _ ~ -_~ ~ _ e _ ~ a °z g a a r U a ~,~ ; Y Y i Y b b o ~ 8 ~ 8 g B 8 8 S E 3 ~~ua+~r s Uo ~ x v y W c <r Z II _ _ g '' S: .~,.\o ` Ja m~"~ O 5g3~. ~gxg~ N m& e v O n t C1 ~ u .. rt u H 3 "I III V c7 Q Uo J ~ ~ Z `. in 6~ (~ Z ~ ~o< JQ ~ ?~ ~ O _ Z h _ ~ m ~ o ~ F] o WJa ~ ~ o QE ag - - ° F a o V"^ ~ d i - ~ ~: _ ~€~€ s S o _ ~ ~v ~ x ii § C5~3 ~ - - g V S i z H u Q 31 ~l-t~iBiT ~ 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' ~'