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Home My WebLink About31A - 1444 E MCFADDENREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 5, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2007-03 TO CONSTRUCT A 55-FOOT HIGH CELLULAR ANTENNA FOR T-MOBILE AT 1444 EAST MCFADDEN AVENUE - TRILLIUM CO LILTING PPLICANT U ~ .C~.-- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2007-03 as conditioned. PLANNING COMMISSION ACTION On September 24, 2007, the Planning Commission approved Conditional Use Permit No. 2007-03 as conditioned by a vote of 6:0 (Munoz absent) to construct a 55-foot monopine wireless facility located in the Light Industrial (M1) zoning district at 1444 East McFadden Avenue (Exhibit A). The Planning Commission added two conditions requiring the equipment enclosure to be coated with an anti-graffiti sealant and any graffiti must be removed within 24 hours from occurrence. FISCAL IMPACT There is no fiscal impact associated with this action. J Trevino Executive Director Planning & Building Agency ME:rb me\reports\cup07-03 T-MObile.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 24, 2007 TITLE: PUBLIC HEARING - FILED BY TRILLIUM CONSULTING FOR CONDITIONAL USE PERMIT NO. 2007-03 TO CONSTRUCT A 55-FOOT HIGH CELLULAR ANTENNA FOR T-MOBILE AT 1444 EAST MCFADDEN AVENUE Prepared by Marvin Ellenbecker 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 Manager J Adopt a resolution approving Conditional Use Permit No. 2007-03 as conditioned. DISCUSSION Request of Applicant Trillium Consulting, representing T-Mobile, is requesting approval of a conditional use permit to construct a 55-foot tall cellular antenna at 1444 East McFadden Avenue. Property Description The property is located within the Light Industrial (M-1) 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, east and west and a high school to the south (Exhibit 2). The subject property is owned by Southern California Edison and is approximately 23.3 acres in size, irregular in shape and improved as an electrical utility sub-station/storage yard. The wireless facility, if approved, would be assigned an address of 1302 South Lyon to properly identify its location on the sub-station site. Project Description T-Mobile is proposing wireless facility and subject property. that The proposed wireless sectors camouflaged as to lease 900 square equipment cabinets at is currently used as facility will include a Canary Island Pine feet of space for a 55-foot the southeast corner of the a storage area (Exhibit 3). 12 panel antennas in three Tree (Exhibit 4) Southern ~`1 ~T~ Conditional Use Permit No. 2007-03 September 24, 2007 Page 2 California Edison is requiring that no landscaping be planted around the wireless facility or the equipment lease area due to future development of this parcel as part of the electrical sub-station (Exhibit 5). The equipment cabinets and GPS antenna will be enclosed by a six-foot high block wall. The existing five-foot landscaped setback along Lyon Street would be supplemented with one 36-inch box tree and Boston Ivy vines on the chain link fence (Exhibit 6). T-Mobile would have access to the site from Lyon Street. Analysis of the Issues In July 1998, the 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 is located within an enclosed leased area and the equipment cabinets are screened by a six-foot block wall. A 36-inch box Canary Island Pine and Boston Ivy vines will be planted in the existing landscaped setback to provide additional visual screening along Lyon Street. The proposed monopine is designed to allow for future co- location by another provider. 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 of T-Mobile. The applicant was asked to explore co- location on an existing wireless facility within the electrical sub- station at 1241 South Grand Avenue. This is not feasible due to physical restrictions (existing overhand electrical power lines) at the location (Exhibit 7). A 55-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 T-Mobile 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 east and central sections of the City. Based upon the above analysis and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-03 as conditioned. 31 A-3 Conditional Use Permit No. 2007-03 September 24, 2007 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. 2007-32 will be filed for this project. \~OJ~.,.,...._ Marvin Ellenbecker Landscape Development Associate ME:jm me\reports\cup07-03 T-MObile.pc ~'L. Vince Frego o, CP Senior Plan 31 A-4 At GENERALAGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CUP 07-3 ~ T MOQILE WIRELESS MONOrINE ~,, ,..T;~.~ 1444 EAST MC FADDEN 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 J ~ i ~ MC FADDEN AVENUE w ti z W U z O ti a W R O z O U W 2 O w ~ Y ~ a W H Z fA W Q S O U T N E R N C~R L I F O A N I A E D I S O N C H E S T N U T suBSTaTroN F- (7 AUTO. ~ EQUIP 3 NGINE REBUILD. Cw7 Q p ~ a U U ~¢ 2 p g UILDING MATERIALS WILSHIRE AVENUE W LIGHT U LIGHT ~ INDUSTRIAL ARK ~ INDU TRIAL w Q PA K Q 3 I I S.T~ORRQ;E YARD OFFICE I ~ Q C E N T U R Y PROJECT SITE H 1 G H S C H O O L H W W H N WILSHIRE AV. IND. 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I ~ _ _-_ -_ _ _- _ _ I I I ---_ _ `y: ~ _ _ ~ I I 1 ~ ~_ I I U _ 1I I ~I I ~ N I ~ ~ ~ I I 1 Cn I i I 1 I I I I I i I L~ - _ _ _ _ _ _ _ I I _ _ _ _ _ _ _ _ I I I I 1 I I I I I + 1 I r.n sm~~ I ~ ~ ~I I I I //~ ~ / = ~ I I I p g1 I ~I $ i ~ fi I / V I I 1 1 I lei I I L __ __ aZ J a w t y C P 7-3 3'~I~IT 3 ryq' ':.,1,3 ~.:' ~ ~ p fi x ~ W w ~ k w D Z J Fa..l '= 8 ~ tl V ,,, ~ ~ ~ ~ ~~~~ ~ ~ 4 ~~ ~ `~ ~ is ~° '" - P ~ m ~~~ i ~ u u W Q ~ j V 0 a ~ 3 ~ o gi~~ ~!v ~ i .~_~~ ~ ~ i m . ~a u ~ v ~ € V T 3< 2Q ; LL ~~~ = W W ~ ~ c ~ ~ ~ ~~5 I ¢ ~ [ ~ ~<c g ~ ~ o ~ ~ e ~ Q ~ V - Q W H~ ~ ~ ~ } ~ ,q ~~ a~ ~ x ~ ~ , ~ c ~- N )roni W s a SR N AMWIM DOA) OR MWMWD) i-<~ avw~ W n 1 ~Ii1LM k.Q •1 yFY~ ~ a , ~ -+v 1~ ~il.y ~.~~~~s ~JW.I f" ~ ~F' " ~ ~ s '0-s' g~ ~ r r ~s - ~ r 5-~ r~ ;~ r~% ~T~ F ~ ~~ ~ ~ g ~ ,:~ rr ~ , : r ~ h } ~ q[ ~ ~~ - ~ 2 ~ 1 1. (ILJ'i } (\ r° \ 1yI Y~ 1 \\ ~\ ,_ P I ~ ,\~ ~1~ ~ ~\ ~ /~ - h n H H~f{~ 1 @ 9 ~ I J4 ~r A A 'f-_". R \S 2A Al'i. .( ~ i ~ ~ ~ 2 ~ ~ +a y S~r~_' Y . ~'~ ~ y l ~ i~l ~Y ~ ~~ yy g g ~ ~ ~ j y g p g ~I .%Y ~~ ~ ~ ~ ~~ ~ ~ ~ ~ / ` q~ y5 ~ ~ y^ y T F 9p9p~2 g~ ~ H~~ g C ! # `V S} ~~ Z Q Q W ~ J W e F N ~o •i ~' u ~~ n §$ @: ~ ~ ~ ~~ ~~ ~ 7 ~~ n 6 z" s-, ~d~ ~~~p pp K p ~ t P ~I~ ~ . ~~ ~ p[ ®g ~m ~ ~~ ~~YJ 3 d ~ E ~ 5~~~~ ~ h ~ b % v~~~Al ~~ 9 ~Lc ~"/ ~l' ~t~ d ~ ..' J d. ~c' h"G ~ S~J~ ~c.~ d % ~ '~. / YYj -1~~ ~ ~ ~ ~O~K. ~} Fft ~~ 5- d~yr r~ rJ"f 4 ~` ~ / ~1 z~ >iL~ C ~ 1 ~ . I \"~ CY~ ~~ry i {~ d d e r /~ d r ? d ~ woiw anveu W n) ~ .o-a swm~r 6d .o l Q .~-n J W A-R y gnu 3 3~~{i~a SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company Jacquelyn Murray Pro}ect Manager Edison Carrier Solutions e-mail: jacquelyn.murray@sce.com Telephone: 626/302-9244 Fax: 626/302-3420 City of Santa Ana RE: T-Mobile WIRELESS PROJECT on SCE Santa Ana Combined Facility, LA12867 Landscape Policy. 1444 McFadden Ave., Santa Ana, CA 92705. Dear Planner; This is in response to a request for T-Mobile to provide Landscape and Irrigation within SCE's facility. Southern California Edison (SCE) does not permit the institution or preservation of landscaping within its substation/service center facilities. This policy is in accordance with Safety procedures and requirements by the California Public Utilities General Order # 95, which regulates all above ground electrical systems. It is hoped that the above information answers your question. If I could be of further assistance, please contact me at 626/302-9244 or 626/506-8589 (mobile). Sincerely, Jacquelyn Murray CUP 07-3 D ~ ~ 7 - ,~. 3 31A~95 ~ ~ ~ ~ a ~~ m ~ ~1 w ~ w ~ W Z g g ~v :~ 3~3~0 ~~,a~, ~ y~~ ~ ~~~~ ~ ~ ~ `" b ~ ~ ~ ~ _ ~ ~ Z m 'm o~ ~~~~ a ~ b ~ ~ ~`?£ I tD ~~_° ~'` ~ or d ' •°~~ ~ w ~a ~ v ~ ~ ~ ~ °u ~ °u ~ V~ ~4 8 a~ N ~~ N ° N 1 ~~ '~ a~~ ~~, o i g g ~ ~z~ u ~. 01 g.c . °~ ~ I. ,. ~ I. ~ ~ ~ za QIL T ~~~ w V' Q ~~ ~~ ~ o~ ; ; g ~ : ; s ~ ~ g ~ ~ N ~ W ~~ O 5 N~'~ by'~A ,~n.F -_ _ - - - _ _ _ - 1S NOAI - _ _ lIp `o w I U _II ~ \ yy ~ C v ~ ~ ~~ F b ~ ~ ~ ~ ~ ~~ s~ ~ m c 0 E ~ F ~ ~ EA ~ ~ ~ ~~ aa ~ ~ ~~~ ~ ~~q ~ gii ~ ~ r O E E E E ~9 S ~ ~ ~ ~ i i ,~- ~ ,r_ t - _ ry .. _____ ___ .{. ii I Itl I I I I ~ I ~I .~~-A ~ ~ ~~ lil '!~ I I / I O U ~ ~~ N ~~ 1 tl I z; ~---- ~ ~~-- ~ ~---- ~' l i ,,I~~ II I I I ii~~ III ~'k--- 7~'R---- / ICI r'iR--s IIR .-y IIR--_ y~ III I I I ~ I I t ! ~ ~ ~ W ~ `~ e $g S~S ~ p~~ E ~ ~~ ~&~g ~ O i e g g °~ ~ ~X~ ~ 6 ~ ~~ ~~ 8 W ~~ ~ ~ _ `` n _ / II~/~// i i~ III I I/ I _ _ II~/~/ III ~/ I , e yy ~e^ e~ E^ ag y^ ~y 93 ~ S ~ ~~~ p 2~ $~ ~~ dd~ ~ b W € 8 y~ 9 ~ ~ b al :' i C ~ --'WF~--- I I I II - ---- I ~~b ~ , yp 3 ~ W ~ e~ ~ bi ~~ F tl p p ~j $ pj as .- - - S~~ ~~~ 8 ~ ~i g~ 9 ----, -- E p ~~ ~ \E vv ~ ~ $ y$ 5$y ~i~~~~~ ~~~ d ykY ~b~~ ~ 93939g gp ^^ W ~i g~~~e E ~ ~ E 9 g ~ ~~' _ • ~ & g ~eb S~ ~i~ ppg qg b ~b ~~5 FqY~~ pgp _ _ ___________ _ ___~ e p ~~p~j y~ ~~~~ ~ ~~ ~ ¢ E 4 ~ - ~ o ~~ ~ g g8 Qp €gp i p g~ ~ ~ ~ ~ N ~%!~ 4 °~~~~ ~~ I W 3 ~~A 3g Trillium MEMORANDUM DATE: May 14, 2007 TO: City of Santa Ana Planning & Building Agency FROM: Jason Kozora, Applicant's Representative RE: Planning Division Comment A.1-Existing Facility at 1241 S. Grand DP No. 2007-13 (Master I.D. No. 2007-74546), ER No. 2007-32 T-Mobile WTF at Chestnut Electrical Sub-Station Facility 1444 East McFadden Ave. To Whom it may Concern: This letter is in response to item A-1 of the Planning Division Design Review Comments issued in the letter dated March 20, 2007. T-Mobile had explored the possibility of co-locating on the existing facility addressed as 1241 South Grand Avenue (CUP 2000-7) prior to making application for the current project. However, it was determined that such co-location would not be possible for a couple of reasons. 1) The existing pole is approximately 35' in height. If T-Mobile were to co-locate a 10' tip-to-tip separation would be needed between antennas placing T-Mobile at approximately 50' (Top of Antenna). Since the monopole is located directly within the substation, extending the pole would create interference issues for both T-Mobile and SCE due to the close proximity of the electrical lines. For this reason it is not possible to co-locate on this pole. 2) Southern California Edison, the property owner, has future plans for the use of the area surrounding the existing Wireless monopole. This prevents T-Mobile from co-locating as there would be no place to locate the associate equipment cabinets anywhere near the pole. The equipment cabinets must be located in the near vicinity of the pole as the cable runs from the equipment to the antennas need to be less than 120' or significant degradation of the signal would result. For this reason it is not possible to co-locate on this pole. Due to the above reasons T-Mobile is proposing their own pole which will be camouflaged as a faux pine tree. The proposed facility will also be in full compliance with Section 41-198 of the Santa Ana Municipal Code. Regards, ~ason~ ozora Applicant's Representative T-Mobile USA, Inc. CUP 07-3 . EXHIBIT 7 5912 Bolsa Avenue, Suite 202 - Huntington Beach, CA 92649 ~ ~ ~ ~ _ q Phone: 714-799-~~~~ ~~: 714.799-2020 1, KO- 9/260/07 RESOLUTION NO. 2007-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-03 TO INSTALL A 55-FOOT TALL CELLULAR ANTENNA AT THE PROPERTY LOCATED AT 1444 EAST MCFADDEN 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. 2007-03 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 24, 2007. B. Conditional Use Permit No. 2007-03 has been filed with the City of Santa Ana seeking to allow the installation of a 55-foot tall cellular antenna at the property located at 1444 East McFadden Avenue. C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed 55-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to T-Mobile 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 east and central sectors 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? Resolution No. 2007-35 31 A-12 Page 1 of 8 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 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 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 Industrial (IND) General Plan designation. E. 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. 2007-32 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-03 as conditioned in Exhibit "A" attached hereto and incorporated herein. 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 September 24. 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2007-35 Page 2 of 8 31 A-13 ADOPTED this 24th day of September, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Munoz (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Bv: 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. 2007-35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 24, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-35 Page 3 of 8 31A-14 Conditions for Aaaroval for Conditional Use Permit No. 2007-03 Conditional Use Permit No. 2007-03 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 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. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 07- 13). 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. One 36-inch box Canary Island Pine trees (Pious canariensis) and Boston Ivy vines shall be planted in the existing landscape setback along Lyon Street per the attached landscape plan. 4. The proposed monopine shall be constructed per the following specifications: a) The monopine should have 3.1 branches per foot for a full density coverage with limited spacing between the branches - 70 percent of the branches should be eight-foot or longer. b) Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. 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. Resolution No. 2007-35 Page 4 of 8 31 A-15 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) A sample of 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 or 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 should 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. 5. The permit applicant recognizes that the frequencies used by the cellular facility located at 1444 East McFadden 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 Resolution No. 2007-35 Page 5 of 8 31 A-16 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 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. 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 a-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. 12. The proposed wireless communication structure must be engineered to allow the co-location of other service providers. Resolution No. 2007-35 Page 6 of 8 31 A-17 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. Conditional Use Permit No. 2007-03 expires five years from the date of City Council approval. 15. The proposed six foot wall enclosure that screens the equipment cabinets shall be sprayed on the exterior wall with an anti-graffiti coating. 16. The wireless facility leasee, T-Mobile, agrees to remove any graffiti on the proposed equipment cabinet wall enclosure. Graffiti removal must be done within 24 hours from occurrence. Resolution No. 2007-35 Page 7 of 8 31 A-18 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd ,Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2007-35 Conditional Use Permit No. 2007-03) in this action by p acing a rue copy ereof enc ose in sea a enve opes a ressed as follows: Jason Kozora Trillium Consulting (T-Mobile) 5912 Bolsa Avenue, Suite 202 Huntington Beach, CA 92649 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 9, 2007 at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-35 Page 8 of 8 31 A-19 31 A-20