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Home My WebLink About31A - 1517 3/4 N FAIRVIEW ST CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION MARCH 19, 2007 Ck TITLE: AMEND CONDITIONAL USE PERMIT NO. 2002-18 TO ALLOW A THIRD CARRIER, METRO PCS, TO COLLOCATE ON A 75-FOOT HIGH WIRELESS FACILITY AT 1517~ NORTH FAIRVIEW STREET - WMI ENTERPRISES, INC., APPLICANT t24f< CIT MANAGER APPROVED o As Recommended o As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~ FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving amendment to Conditional Use Permit No. 2002-18 as conditioned. PLANNING COMMISSION ACTION On February 26, 2007, the Planning Commission adopted a resolution approving amendment to Conditional Use Permit No. 2002-18 as conditioned by a vote of 7:0 to allow a third carrier, Metro PCS, to collocate on a 75-foot high wireless facility in the General Commercial (C-l) zoning district at 1517% North Fairview Street. The Planning Commission added two conditions concerning an upgrade to the existing entrance gate and for graffiti removal 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. M. Trevino Ex cutive Director Planning & Building Agency ME:rb me\reports\cup02-18 amendment.cc 31A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: FEBRUARY 26, 2007 TITLE: PUBLIC HEARING - FILED BY WMI ENTERPRISES, INC. TO AMEND CONDITIONAL USE PERMIT NO. 2002-18 TO ALLOW A THIRD CARRIER, METRO PCS, TO COLOCATE ON A 75-FOOT HIGH WIRELESS FACILITY AT l5l7~ NORTH FAIRVIEW STREET 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 ~ive Director ~M ~~~er RECOMMENDED ACTION Adopt a resolution approving amendment to Conditional Use Permit No. 2002-18 as conditioned. DISCUSSION Request of Applicant WMI Enterprises, Incorporated, representing Royal Street Communications LLC dba Metro PCS is requesting an amendment to Conditional Use Permit No. 2002-18 to allow the colocation of a third carrier on a wireless facility at l5l7~ North Fairview Street. Property Description The property is located within the General Commercial (C-2) zoning district and has a General Plan land use designation of General Commercial (GC) (Exhibit 1). The property is bounded by the Santa Ana River to the east and south, retail and residential uses to the west and retail uses to the north (Exhibit 2). The subject property is approximately 14,363 square feet in size, irregular in shape and improved with a one-story 1,000 square foot construction office building and an existing 75-foot high wireless telecommunications facility. Project Description On February 3, 2003, the Santa Ana City Council approved Conditional Use Permit No. 2002-18 and Variance No. 2003-10 to construct a wireless facility that exceeded 60 feet in height. As part of this entitlement, an EXHIBIT A 31A-2 Conditional Use Permit No. 2002-18 February 26, 2007 Page 2 existing 99-foot high tower was removed and a new 75-foot high wireless facility was constructed as a monopine. Two wireless carriers, Cingular Wireless and T-Mobile, are currently located on the monopine. The property improvements installed in 2002 included a new 10-foot high split face block wall around portions of the property and vine pockets with Boston Ivy every 10 feet along the new block wall facing the Santa Ana River Bikeway Trail. In addition, a block wall replaced an existing chain link fence along the north property line. Two pine trees were also planted near the area where the new 75-foot high monopine was constructed. Metro PCS is proposing to install a six panel antenna array on the existing wireless facility and lease 119 square feet for equipment cabinets (Exhibit 3). The equipment cabinets will be enclosed by a 10- foot high block wall that will match the existing exterior property wall. The enclosure will be screened on the south side by two metal mesh doors for access to the equipment (Exhibit 4). Two Canary Island pines were planted on site under Conditional Use Permit 2002-18 and are existing; therefore, additional pine trees have not been conditioned. The third carrier, Metro PCS, is colocating below the two existing carriers and the new antennas will be camouflaged within the branches of the existing monopine (Exhibits 5 and 6) . 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 existing wireless facility is located within an enclosed leased area and the equipment cabinets are screened by a solid wall along the exterior property. Adequate screening is provided for Metro PCS, the third wireless carrier, by locating the new antenna array within the braches of the monopine. 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 Metro PCS. A 75-foot tall facility is needed in order to improve cellular coverage and increase call capacity and quality because it is located in an area with limited access for wireless facilities. The proposed cellular antenna will provide a benefit to Santa 31A-3 Conditional Use Permit No. 2002-18 February 26, 2007 Page 3 Ana residents, businesses and motorists who subscribe to the three wireless carriers by closing service gaps in the area and providing 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 north central section of the City. The proposed upgrades and screening are required to accommodate the additional antennas for the third carrier, Metro PCS. Based upon the above analysis and findings, Planning Commission approve the amendment to 2002-18 as conditioned. staff recommends that the Conditional Use Permit No. CEQA Compliance This proj ect 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. 2006-105 will be filed for this project. Marvin Ellenbecker Landscape Development Associate CP ~~~~ ME:jm me\reports\cup02-18 amendment.pc 31A-4 C i' y 0 I Gar den G rO V" 1-;' , ~__-.--J : I "";, I smA""'EHAvlN ~"'__ 1 R4 I ~ M , j WESTMINSTER AV. l i ~~- R1 ~ -- I SP-2 MOIltlINUtlIDtAV. R1 A1 -B C-SM C1 C1-MD C2 C3 C3-A C, C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIALIMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL ! R1 ~ R1 f' P R1 C1 C1 i----""31.~=';" ~.' R2 R1 R2 e' R1 R2 ~ R3 R1 " 15THS --> R1 R1 Bi R3 g R1 R1 IN :!t R1 R1 R2 R1 R1 I R1 R1 R1 R1 R1 ~ eo ~t;'1R~' R1 DR1E ""~ I R1 R1~ 1DB':=-- R1 loA R1 ~ '5]' ; ,:"', '" "'~:; RR' - E :I: . '!JR1 '<R2R2 IT"",' I in R2 I ~ R1 R1 CR GC M1 M2 MO o P PCO PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R' RE SO SP ~ ~ AMENDMENT TO CUP 02-18 METRO PCS MONOPINE 1517 3/4 NORTH FAIRVIEW STREET A 8Y' 1" _ 1000 FEET ~ = 500 FEET P LAN N N G AGE N C Y AND BUILD EXHIBIT 1 31A-5 N G COM. COM. 0 PRESCHOOL SHOPPING OJ ;, PLAZA <: '" ;;: 0 AUTO VACANT 0: f- <I- REPAIR 0: " , i-= '" 'v~ '>; CJ) RESIDENTIAL <l- .\, Q TRUCK PARKING 0 REPAIR <Q 0 BAR "- ~ '>; SIN LE F MILY ESJDE TfAL 16TH ST. >-... ... oo!'" i-= '" (qq;. "'f:: f:: <l:<: CJ) LU LU ~ Cl q;..... ...- a: u; OJ'" <:LU 0 LU -0: '" Ii >- ~"f' ... ~ :;: "f' <l: :y LU ~"f' ... (!j OJ <: ~ u; 3= G:J"f' SFR w I :;: a: Lf A AMENDMENT TO CUP 02-18 METRO pes MONOPINE 1517 3/4 NORTH FAIRVIEW STREET iA e9V' PLANNING AND BUILDING AGE N C Y EXHIBIT 2 31A-6 rn~~~ (,) III I ~ III I I : 1 ::J, ,II ~ I '.. Ui~ ,lllu 1 ~ 8 ~ ' Hi' el!!! , ~1 io " '" - '" ~ - - - I 1'" I i:l z:t , I ~ ~ I ~~. ~ i ~< ~ 1:l ' 8 ~ I · · · ' · 'll It.< , " ~ . - Ii , , . ' . I'" '.! :; ~ ~~ z ~ ~ I :;:. ~ 5 ! ~ II i ~ ~! :11 ~ 'I, 8Soo,", l I (j ~ p~~IIIIIII"I'I_lo~. ' .n. ~r~nTIII[J. ";" II Iii II il ~ J < ! " . ." ! ~ ~ ~ ~ i i '1 U ""LJ · ~ i ~ ~ " , ~~~ !I@ .Ii ~ ( I I , b ~ . . I " I "-.." . "-.. _ =--r-c--LJ'""""---- -~~'::::". I __ I A " i- I' J " ".LS JJ.alA'l:/lt',/ HolI/ON @ 31A-7 I II CUP 02-18 AMENDMENT EXHIBIT 3 ~~~ N lID " \ " I ~: ~ s! ~C ~ '. --+;I .'---. r11 , h,nv"l\t.O !;!s \t. ~OIJ}S r' S ,: -6;:0 "'I ~l Ill. I I C/o " f !H;!~ ~ 0 > I I \ ~~~I g 5 .'c ..l ~o ';:ji < Z ^lac, 1," Ii ' z , . w 1.1 " z < III I ~~ ! . 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I I J....._. $l2".Q iii!1 1,1 ~ili z ~ ~ w ~ ~, -< "" .., Ie -= -< ... rr, V) ,"", U i E ~ ~ .... ~ i ~ r- - on - CUP 02-18 AMENDMENT EXHIBIT 6 31A-10 KO 3/5/07 RESOLUTION NO. 2007-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 2002-18 TO ALLOW THE COLOCATION ON A 75-FOOT HIGH WIRELESS FACILITY AT 1517 NORTH FAIRVIEW STREET 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. On February 3, 2003, the Santa Ana City Council approved Conditional Use Permit No. 2002-18 and Variance No. 2002-10 to construct a wireless facility that exceeded 60 feet in height. B. The applicant is requesting the amendment to Conditional Use Permit No. 2002-18 to allow the collocation on the 75 foot high wireless facility on the property located at 1517 North Fairview Street. C. The Planning Commission held a duly noticed public hearing on February 26,2006, on Conditional Use Permit No. 2002-18 to allow the collocation on an existing 75 foot high wireless communication facility at 1517 North Fairview Street. D. Santa Ana Municipal Code Section 41-198.3(b) requires a conditional use permit for major wireless facilities in the City. 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 colocation on the existing 75-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Metro PCS services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially Resolution No. 2007-15 Page 1 of 6 31A-11 for those users traveling within the north central sector of Santa Ana. 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 colocation on the existing 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 general commercial retail area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The existing 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 General Commercial (GC) 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. 2006-105 will be filed for this project. Resolution No. 2007-15 Page 2 of6 31A-12 Section 2. The Planning Commission after conducting the public hearing hereby approves the amendment to Conditional Use Permit No. 2002-18 as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located at 1715 North Bristol Street. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 26,2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26th day of February, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee 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. 2007-15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 26, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-15 Page 3 of 6 31A-13 Conditions for ADDroval for the Amendment to Conditional Use Permit No. 2002-18 The amendment to Conditional Use Permit No. 2002-18 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 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. 2006-55). 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 colocation on the existing monopine shall be constructed as per approved plans and the existing landscaping shall be protected in place during the construction period on and around the 75-foot monopine facility. 4. The proposed colocation on the existing monopine shall be approved with the following requirements: a) The new antennas shall be camouflaged within the existing branch structure of the monopine. Branches shall be modified to ensure that the new antennas are camouflaged from public view. b) Construct a new 1 O-foot tall split face block wall to match the existing block wall along the north perimeter of the property to screen equipment cabinets and provide a mesh metal screen for the double doors of the equipment enclosure. 5. The permit applicant recognizes that the frequencies used by the cellular facility located at 15170/. North Fairview Street are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning Exhibit A Resolution No. 2007-15 Page 4 of6 31A-14 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. 6. 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. 7. 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 8. 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. 9. 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. 10. 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. 11. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. Resolution No. 2007-15 Page 5 of 6 31A-15 12. The proposed wireless communication structure must be engineered to allow the colocation of other service providers. 13. 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. 14. The amendment to Conditional Use Permit No. 2002-18 expires five years from the date of City Council approval. 15. The current carriers, Cingular Wireless and T-Mobile, are approved to construct the 75-foot monopine and must meet all the conditions and requirements for Conditional Use Permit No. 2002-18. All outstanding permits must be closed prior to issuance of new building permits for the third carrier, Metro PCS. 16. The front entrance gate to the property shall be upgraded to a metal frame type gate and metal mesh installed as panels to screen the property from public view. The metal gate frame and mesh shall be painted to match the split face block wall. 17. The property owner shall be responsible for removal of any graffiti to the split face block walls around the perimeter of the property. Graffrti removal must be done within 24 hours of the occurrence. Resolution No. 2007-15 Page 6 of 6 31A-16