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Home My WebLink About31A - 2555 SOUTH MAINREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 3, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2007-17 TO CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA FOR METRO PCS AT 2555 SOUTH MAIN STREET - JOHN KOOS, APPLICANT d ~`/~4 G 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. 2007-17 as conditioned. PLANNING COMMISSION ACTION On February 11, 2008, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-17 as conditioned by a vote of 6:0 (Munoz absent) to construct a 60-foot tall cellular monopine for Metro PCS in the General Commercial (C-2) and Light Industrial (M-1) zoning districts at 2555 South Main Street. 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. M. Trevino Executive Director Planning & Building Agency ME:rb me\reports\cup 07-17 Metro PCS.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 11, 2008 TITLE: PUBLIC HEARING - FILED BY JOHN KOOS FOR CONDITIONAL USE PERMIT NO. 2007-17 TO CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA FOR METRO PCS AT 2555 SOUTH MAIN STREET Prepared by Marvin Ellenbecker _~~ Executive Director RECOMMENDED ACTION Adopt a resolution conditioned. DISCUSSION Request of Applicant PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manage approving Conditional Use Permit No. 2007-17 as John Koos, representing Metro PCS, is requesting approval of a conditional use permit to construct a 60-foot tall cellular monopine at 2555 South Main Street. Property Description The property is located within the General Commercial (C-2) and Light Industrial (M-1) zoning districts and has a General Plan land use designation of Industrial (IND) (Exhibit 1). The property is bounded by industrial uses to the east, west and south and the Santa Ana Bike Trail and Union Pacific railroad spur to the north (Exhibit 2). The subject property is owned by Caster Santa Ana Storage Partners LP and is approximately 2.5 acres in size, triangular in shape and improved as a public storage facility (mini-warehouse). Project Description Metro PCS is proposing to lease 480 square feet of space for a 60-foot wireless facility and equipment cabinets within the center of the subject property that is currently used as a public storage facility. The proposed wireless facility will include six panel antennas and a microwave dish camouflaged as a Canary Island Pine Tree along with four equipment cabinets and a GPS antenna (Exhibits 3 and 4). EXHIBIT A 31 A-2 Conditional Use Permit No. 2007-17 February 11, 2008 Page 2 The equipment cabinets and GPS antenna will be enclosed by a six-foot six- inch high wrought iron fence that has a metal mesh screen material attached to it to screen the equipment. The surrounding area is concrete so there is no opportunity to use plant materials for screening. One 48- inch box Canary Island Pine (Pinus canariensis) is proposed in a planter located west of the proposed monopine. This planter has visibility from the site entrance (Exhibit 5). T-Mobile would use the public access to gain entry to the site. 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, six-inch wrought iron fence. A 48-inch box Canary Island Pine will be planted near the monopine to provide additional visual screening. 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 Metro PCS. The applicant was asked to explore co- location on an existing wireless facility located several blocks to the west at an industrial site. This site already has two carriers and does not meet the service area coverage for 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 Metro PCS 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 south central section of the City. Based upon the above analysis and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-17 as conditioned. 31 A-3 Conditional Use Permit No. 2007-17 February 11, 2008 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. 2007-139 will be filed for this project. ~~~_ Marvin Ellenbecker Landscape Development Associate ME j m me\reports\cup07-17 Metro PCS.pc r ~, Vince Fr goso, ICP Senior P1 n 31 A-4 R1 ~ i Rl 1 R1 R1 Rt R1 R1 Ri R1 R7 1 R1 R1 Rt R2 ~ C- R1 w R2 ~ I R ~ L 0 R1 R1 R1 R1 R1 R1 R1 R1 R SM R1 R1 R1 C-p c' R1 R1 0 Ri Ri s..zw ~ ~ srn N gag - RB tsa o' ^ n x5a.53' (;rj l C2 WARNER AV. - C1 C1 ~ M1 Mi C2 ~ f R1 R1 y r` ~ M1 M1 l M1 M1 w R1 M1 R1 M1 Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B C1 PARKING MODIFICATION COMMUNITY COMMERCIAL -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT Ct-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT GC M1 GOVERNMENT CENTER LIGHT INDUSTRIAL R1 SINGLE-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R2 TWO-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R3 MULTIPLE-FAMILY RESIDENCE C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE R4 SUBURBAN APARTMENT C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE RE RESIDENTIAL ESTATE CS ARTERIAL COMMERCIAL P PROFESSIONAL SD SPECIFIC DEVELOPMENT CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN CUP 07-17 METRO PCS MONOPINE ~, 2555 SOUTH MAIN STREET - - =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 COCKTAIL BAR VACANT BUILDING BUILDERS SURPLUS RECYCLING ~.S ~~N ~r`~~ / RIB I P~~ BUSINESS PARK ~ SI{VGLE ~AMIL~ RESI~ENTl,~1L J / a ADAMS ST. l.. (n S NGLE F M! V (n ES DEN IA W~ VAC. LIGHT d INDUSTRIAL U CHURCH WAREHOUSE 5 ~~ ~ ~ CABINETS ~ W ~ e W CERAMIC TILE ~ t / ~ ~ S ~ ~ ~ Z f~ ~ ~ ~ ~ ~ ~P ~ ~ °P.ROJECT SITE ~ ~ ~ ~. '' ,. -~ a ~ ~ P ' ~~ Y; } :: OFFICE -~ i ~ T O ~ ~ ~9 •~ ~ ~ ~ ~ ~ ~ ~ ~ GOETZ AVENUE Z a V A C A N T ~~u1 I I IIV/VJ I IIIHL AUTO R/MS LLJ Q W ~ LIGHT N S INDUSTRIAL W ~ d ~ LIGHT INDUSTRIAL V WATER DIST. REPAIR MOTOR REPAIR W LIGHT Z INDUSTRIAL W Q FURNITURE R W ~ Z h /ate li J O CUP 07-17 ~ METRO PCS MONOPINE ~, 555 SOUTH MAIN STREET 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 ~~ ~~ ~~ ~~ o~ ~_ ~~~ =~3 3 ~e~ ~~~~ ~ a~~ e~~ ~~~~_~ i° i ~ U .9-,~ I ~' ~ ~ a `~ e ~ ° q ~ p ~= ~~ ~ _~ / ~~ ~ ° ~`Fm ~~, 1 i ` I ` r~ ~I i ~__ ;' O S ,L-,L .0-,f ,S-,f ,0-,f fiV19 313a0N00 .Y-.S .S-.Ol .9 f-,9l _ V3aV 35V31 .0-,4Z ~~~ O~oa °bJ~ ~_ S~~~SS~ J=~~a~~~ J 35 ~n € .i ~ _~& ~ ~ ~~ :~~~ 6i ~ :~ ~~o ~W~r A9l r-ao~3s --~- ~~ ~o ~ ~ e~ a~ ; ~, 8~ Nei, ; 6~~~~~d ~~\ &~ ~ ~_ ~~~ ~ Y A9l ~ ~o3s /WIWIZY A ~-ao~o3s ~ m ~ ~. ~ &3"m ~a i 8n ~~ _ ~' ~ n~~ ---~ ~~$~ 3 i ~~1~~ ~ ~~~~ ~~ og~ ~_ z ~ ~ ~ ~ a~~~ K3 0~ a~~-~ °s~ W°e ~ ~V 5~g9~a i o ~ € ~~~ ~ ~~~~~ ~~~~~W ~~~ m ~~~~~~ ~~~~~~ ~s ~ ~~~~o~so ~ age ~ °~#~_'~~&'~~ ~~~ ~ ~ $o~~w~~~~=~~~ ~~s~~ s ~ ~~ ~_~~-~ as ~~~~~~~~~€~WC ~~ W~ ~ $~~p~~~~r~~ 'a ~~~9~ ~~~~~g~~~~ ~~~ ~y~Yg ~-~i~~~r~~~~~~~o gy~9a~ tf~~~~~~`~ €~~t~ ffi~~~ 95~9~~~~~~~o~~~ ~ ba~g~9~~~~ ~`~,8~~ ~JiV~ ~' c V ~ ~ lN3Wdll1i13 ~ ~ ~ ` ~ ~ 0350dOtld ~~ ,~ ~~ o; ~~ ~;v o~~ .~ 3=JI1V2~0 3 7 ~ ~@ `, z~~ ~ n9 _ * ~ m .LS'D[C 3N11 A1lpd0lld ~\ ,\ -~~ ~~ ,~, ~~. wnwizv A ~ I-aoLOas \ ~ 35V31 ~ ,0-,rZ e ~~ ~~~\~ ~ ~ ~~ ~ ~~$~~88~m ~~~ ~~~~~bS ~~_~ ~~ y~~~~m$ ~~t3 ~~~o~Q~ a~Y ~ ~i \ ~ ~ ~ ~ ~ ~ ~ s ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ w ~~ $ ~ ~0 3 J ~ 4~~g f ~ ~ ~ mQ ~~ Y~Fg ~ jU ~a z ~ € ~ x ~~ ~~~~ ~ J ~~ o'= ~~ ~ LL ~ ~ ~~ z'" C'~d 95 ~a ~~ °~ ~ ~ $ ow ~ ~~ ~~ ~g~~ ~ ~ on ~' - ~ ~ ~9~~ ~ ~ a ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ F~ g ~ - ~ g~~8~ ~ '~ ~~ ~ ~~ ~~ ~N~o ~ t ~ Y ~m a G` ~~r~t g~~~~ ~9 ~~~~L ~~~ ~_~ 8W~~~ ~~ n' ~~w~ ~~€~o ~~~~~~~~~ ~gg ~~i ~ <~~ ~~is~~ ~~~~ o~€=s ~~~~~~'a ~~~~~~~'~~W~~= ~ ~~~€~eo~ c~~~aa ~~g€~~~~_m~~~~~~~a~~~~~o3a~~~~ li ~_--__--_-. I 1 I I I 1 ' I I I ,~ I W I I I I I I I I I I ~ W ~ I I I 1 ~ .S ,f CIF I ~ -- -- ~~ N HNYIIZV A81 r-ao~3s I F - - ~~ i ----- W - - - - ~ 1 1 1 I I I 1 .- r I I ~ a I ~~_~ I \ 1 I .so'io a+n uuaaow ~'- - - - bo ~ ~5 ~, ° U ~ ~ s ~ ~~ i ~ ~j s ss~~ ~ S ~~~ ] •ss xrv~ ~~~ ~ ~ ~o =~~w ~ ~o~~ ~~~ ~~5 ~ 14 ~~_ ~ tm~ a~~~ ~~i ~~~ a ~5 i~~~~6 ~~~ 5 3 6 t 0 KO- 2/7/08 RESOLUTION NO. 2008-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-17 TO ALLOW THE CONSTRUCTION OF A WIRELESS FACILITY DESIGNED AS A MONOPINE AT 2555 SOUTH MAIN 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. Conditional Use Permit No. 2007-17 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 11, 2008. B. Conditional Use Permit No. 2007-17 has been filed with the City of Santa Ana seeking to allow the construction of a wireless facility designed as a monopine at 2555 South Main Street. 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 the community? The proposed 60-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Metro PCS wireless service by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the south 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? Resolution No. 2008-05 31 A-1 ~ 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. 2007-139 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-17 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 February 11, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2008-05 31 A-11 Page 2 of 8 ADOPTED this 11th day of February, 2008 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 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. 2008-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 11, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-05 31 A-12 Page 3 of 8 Conditions for Approval for Conditional Use Permit No 2007-17 Conditional Use Permit No. 2007-17 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below riot 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- 53). 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. Provide one 48-inch box Canary Island Pine tree (Pinus canariensis) inside the storage area as shown on the site plan. 4. Provide asix-foot, six-inch wrought iron fence to screen the equipment cabinets. Metal mesh screening should be attached to the wrought iron fence in lieu of the required vines. 5. 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. Exhibit A Resolution No. 2008-05 31 A-13 Page 4 of 8 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) 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. p) If a permanent generator is located on-site, it must meet all local and regional requirements. 6. The permit applicant recognizes that the frequencies used by the cellular facility located at 2555 South Main Street are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This Resolution No. 2008-05 31 A-14 Page 5 of 8 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 a-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 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. Resolution No. 2008-05 31 A-15 Page 6 of 8 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 co-location 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. 2007-17 expires 10 years from the date of City Council approval. 16. Metro PCS, the leasee for the wireless facility, agrees to remove any graffiti on the proposed equipment cabinet and wrought iron perimeter fence. Graffiti removal must be done within 24 hours from occurrence. Resolution No. 2008-05 31 A-16 Page 7 of 8 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 Second Floor, Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2008-05 Conditional Use Permit No. 2007-17) in this action by p acing a rue copy ereof enc ose in sea a enve opes a ressed as follows: John Koos Metro PCS 2923 Saturn Street, Suite A Brea, CA 92821 Caster Santa Ana Storage Partners LP 4607 Mission Forge Place San Diego, CA 92120 (] 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 [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-05 31 A-17 Page 8 of 8 31 A-18