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HomeMy WebLinkAbout75A - PH 2210 N GRAND AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-02 AND CONDITIONAL USE PERMIT NO. 2006-08 TO REZONE A PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R-1) TO ARTERIAL COMN~RCIAL (C-5) AND CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA FOR SPRINT PCS AND T-MOBILE AT 2210 NORTH GRAND AVENUE - JANE NORINE AND JASON KOZORA, APPLICANTS ~~'''r--~----' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 152 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance approving Amendment Application No. 2006-02. 2. Adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned. PLANNING COMMISSION ACTION On April 14, 2008, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2006-02 and adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned by a vote of 7:0 to allow a zone change from Single-Family Residential (R-1) to Arterial Commercial (C-5) and to construct a 60-foot tall cellular monopine for Sprint PCS and T-Mobile at 2210 North Grand Avenue. 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. ay Trevino Executive Director Planning & Building Agency ME:rb me\reports\aa06-02cup06-08.Sprint&TMObile.cc 75A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: APRIL 14, 2008 TITLE: PUBLIC HEARING - FILED BY JANE NORINE AND JASON KOZORA FOR AMENDMENT APPLICATION NO. 2006-02 AND CONDITIONAL USE PERMIT NO. 2006-08 TO REZONE A PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R-1) TO ARTERIAL COMMERCIAL (C-5) AND CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA FOR SPRINT PCS AND T-MOBILE AT 2210 NORTH GRAND AVENUE Prepared by Marvin Ellenbecker Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Plannin Manager 1. Adopt an ordinance approving Amendment Application No. 2006-02. 2. Adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned. DISCUSSION Request of Applicant Jane Norine, representing Sprint PCS, and Jason Kozora, representing T- Mobile, are requesting approval of a zone change from Single-Family Residential (R-1) to Arterial Commercial (C-5) and a conditional use permit to construct a 60-foot tall cellular monopine at 2210 North Grand Avenue. Property Description The subject property is approximately 1.57 acres in size, square in shape and improved as an electrical sub-station for Southern California Edison. The property is currently zoned Single-Family Residential (R-1) and has a General Plan land use designation of General Commercial (GC). The property is bounded by commercial uses to the south and east, residential uses to the west, and commercial and residential uses to the north (Exhibits 1 and 2). EXHIBIT A 75A-2 Amendment Application No. 2006-02 Conditional Use Permit No. 2006-08 April 14, 2008 Page 2 Project Description Sprint PCS and T-Mobile are proposing to colocate on a new 60-foot wireless facility on the south portion of the subject property that is currently used as an electric sub-station. The proposed wireless facility will include 12 antenna panels and a microwave dish for Sprint PCS and 12 antenna panels and a microwave dish for T-Mobile. The wireless facility will be camouflaged as a Canary Island Pine Tree and will have equipment cabinets and GPS antennas for each wireless carrier (Exhibits 3 and 4). The equipment cabinets and GPS antennas will be enclosed by an eight-foot high wrought iron fence with a metal mesh material to screen the equipment. Four 24-inch box Hollywood Junipers (Juniperus chinensis `Torulosa') are proposed (two on each end of the cabinet areas) to match existing Junipers and replace trees that were removed in the leased area. Fifteen Photinia shrubs will be used to provide a landscape screen between the wrought iron fence and the law library on the adjacent parcel to the south (Exhibit 5) A 48-inch box Paperbark Tree (Melaleuca leucadendra) is proposed to replace a missing tree located at the northwest edge of the property along with 40 new Photinia fraseri shrubs along the perimeter of the existing chain link fence (Exhibit 6). Analysis of the Issues The subject property is currently zoned Single-Family Residential (R-1), which prohibits wireless communication facilities. The applicant is requesting a zone change to Arterial Commercial (C-5) to allow the proposed monopine (Exhibit 7). The property has been an electrical sub- station since 1960, when the City approved Conditional Use Permit No. 11. The sub-station is a long-term, non-residential use that will continue to remain at this location for an undetermined period of time. The surrounding uses along Grand Avenue are either retail or institutional so the C-5 zoning designation is appropriate. The proposed zone change makes the property consistent with adjacent commercial uses along Grand Avenue and with the General Commercial (GC) General Plan designation. 75A-3 Amendment Application No. 2006-02 Conditional Use Permit No. 2006-08 April 14, 2008 Page 3 A conditional use permit is also required for the project. In order to minimize impacts to the adjacent uses, staff has included several conditions of approval. Anew wrought iron fence and plant materials will provide additional screening to the sub-station. This will enhance the aesthetic appearance along both Grand and Santa Clara Avenues as well as the private property to the south. The wireless facility is designed as a monopine to provide additional visual screening of the wireless antennas. The monopine will be designed and constructed for use by two wireless carriers, Sprint PCS and T-Mobile. The proposed monopine is located approximately 160 feet from the residential properties to the west, including a 40-foot wide private driveway. Normally, Canary Island Pine trees would be used to complement the monopine. Southern California Edison is concerned with the use of any live plant materials that exceed 30 feet in height. The Hollywood Junipers were selected because they will screen the equipment cabinets, meet the safety concerns for Southern California Edison and will match the existing mature Hollywood Junipers in the same area. The applicants have explored alternatives to the monopine structure such as locating their cellular antennas on the rooftops of existing buildings in the area. Structures in the area, however, are not tall enough to meet the needs of Sprint PCS and T-Mobile. A 60-foot tall facility is needed in order to allow the colocation of the two cellular providers, improve cellular coverage and increase call capacity and quality for both carriers. The proposed cellular antennas will provide benefits to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS and T- Mobile by closing service gaps in the area and providing additional calling capacity. Equipment for the monopine will be located in outdoor cabinets within the leased area and screened from public view. All telecommunications 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. Based upon the above analysis and findings, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2006-02 to rezone the subject property and approve Conditional Use Permit No. 2006-08 as conditioned (Exhibits 8 and 9). 7 5A-4 Amendment Application Conditional Use Permit April 14, 2008 Page 4 CEQA Compliance No. 2006-02 No. 2006-08 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 Nos. 2005-129 and 2007-31 will be filed for this project. \`~~~~ Marvin Ellenbecker Landscape Development Associate ME j m me\reports\aa06-02cup06-08.Sprint&TMObile.pc Vince Fre oso AICP Principa Pl ner 75A-5 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS 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 ' C5 ,e s C5 R1-B R4 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 06-8 SPRINT PCS AND T MOBILE MONOPINE ..._~~. ~ 2210 NORTH GRAND 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 75A-6 Z W ~ ~ Q ~ w w ~ ~ ~ R E S I D E N T I A L ~ ~ O U U VAC. 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U W Q ~ ~ W ~ ~ R E S 1 D E N T 1 A L O O U U UAC. SANTA CLARA AVENUE r-T y ~~ ~~ ~ ~~~ f~ s~ ~ _. „ ' R E S I D E N T I A L ~i e ~~-~ , ~~; Z O o~ ~ ~ ~ ~~~ , r -"f... ~ i ~ I, w +• 5, ` Q 7 4' BUFFALO AVE. RESIDENTIAL fK }, i~ ~~ - '~~Yd ti +~ ~ `''~' ~ ~ a1''`. h ~ ~~ R S I E N I A L ~' Q U Q R E S D E N T A L COMMERCIAL W ~ Z ~ Q ~ ~ AVALON AVE. o U REST ENTIAL AA 06-2 ~~ 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 ZONING MAP EXHIBIT 7 75A-12 Amendment Application No. 2006-02 Conditional Use Permit No. 2006-08 April 14, 2008 Page 1 of 2 Findings of Fact A. 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 T-Mobile wireless 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. B. 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. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopine, in conjunction landscaping, will be compatible with the will not adversely affect the economic v_ The stealth appearance will be the maintaining and increasing the economic commercial area. with the existing surrounding area and _ability in the area. major solution to stability for this D. 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. EXHIBIT 8 75A-13 Amendment Application No. 2006-02 Conditional Use Permit No. 2006-08 April 14, 2008 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The approval of Amendment Application No. 2006-02 will make this property consistent with other commercial zoning along Grand Avenue and the General Commercial designation of the Santa Ana General Plan. 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. 75A-14 APRIL 14, 2008 PAGE 1 OF 5 Conditions for Approval Conditional Use Permit No. 2006-08 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 applicants must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicants 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 applicants must comply with all conditions and requirements of the Development Review Committee for development projects (DP No. 05-44 and DP No. 07-12). 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 Paperbark Tree, (Mela1P>>ra leucadendra), and 40 five-gallon size Photinia fraserii along the perimeter of the existing Southern California fence as shown on the site plan. srirubs Edison 4. Provide four 24-inch box Hollywood Juniper Trees (Juniperus chinensis `Torulosa') along the east and west edges of the leased areas as shown on the site plan. 5. Provide an eight-foot high wrought iron fence to screen the equipment cabinets. Metal mesh screening shall be attached to the wrought iron fence. 6. Provide 15 five-gallon size Photinia fraserii as a hedge along the south edge of the new wrought iron fence as shown on the site plan. EXHIBIT 9 75A-15 APRIL 14, 2008 PAGE 2 OF 5 7. 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. 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). 1) Show the location of the GPS antenna on all elevations. 75A-16 APRIL 14, 2008 PAGE 3 OF 5 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. 8. The permit applicant recognizes that the frequencies used by the cellular facility located at 2210 North Grand 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. 9. 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. 75A-17 APRIL 14, 2008 PAGE 4 OF 5 10. 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. 11. 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. 12. 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. 13. 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. 14. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 15. The proposed wireless communication structure must be engineered to allow the co-location of other service providers. 16. 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. 75A-18 APRIL 14, 2008 PAGE 5 OF 5 17. Conditional Use Permit No. 2006-08 expires 10 years from the date of City Council approval. 18. Sprint PCS and T-Mobile, the lessees for the wireless facility, agree to remove any graffiti on the proposed equipment cabinets and wrought iron perimeter fence. Graffiti removal must be done within 24 hours from occurrence. 75A-19 ORDINANCE NO. NS-2764 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 2210 NORTH GRAND AVENUE FROM SINGLE FAMILY RESIDENTIAL (R-1) TO ARTERIAL COMMERCIAL (C5) (AA NO. 2006-02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval of Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08 to rezone a property from Single Family Residential (R-1) to Arterial Commercial (C-5) and construct a 60-foot high cellular antenna for Sprint PCS and T-Mobile at 2210 North Grand Avenue. B. On April 14, 2008, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2006- 02. 2. Adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned. C. On May 5, 2008 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral on Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08. D. Amendment Application No. 2006-02 has been filed with the City of Santa Ana to rezone the property located at 2210 North Grand Avenue from Single Family Residential (R-1) to Arterial Commercial (C-5). E. Amendment Application No. 2006-02 is consistent with the General Plan, including but not limited to its goals and policies: 1. To promote a balance of land uses to address basic community needs. Goal 1.0 of the Land Use Element of the General Plan. 2. To promote land uses which enhance the City's economic and fiscal viability. Goal 2.0 of the Land Use Element of the General Plan. F. The City Council has weighed and balanced the general plan's policies and 75A-20 has determined that based upon this balancing that the project at 2210 North Grand Avenue is consistent with the purpose of the general plan. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 5, 2008 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2006-02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. In accordance with the California Environmental Quality Act, the recommended action 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 Nos. 2005-129 and 2007-31 will be filed for this project. Section 2. The real property located at 2210 North Grand Avenue is hereby reclassified from Single Family Residential (R-1) to Arterial Commercial (C-5). (AA No. 2006-02) Amended Sectional District Map number 6-5-9 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to the Request for City Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2008. Miguel A. Pulido Mayor 75A-21 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-22 Z c1- '99 R1 " Q MD xPon ~ R2 ~~ R1 9~ fl1 C1- q- ~ MD " P R2 R2 T. cr o- MD N les.I is ,z-S-,TTl4'TI"'~n nn r~ ]-5-9 SEVENTEENTH ST. ~ ~ ' SECTIONAL DISTRICT MAP 6-5-9 ADOPTED BV THE SANTAANA CITY COUNCIL AUGUST I7 1959 BV ORDINANCE NS 394 At GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B Ct PARKING MODIFICATION COMMUNITY COMMERCIAL -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT GC M7 GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C2 GENERAL COMMERCIAL LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C3 CENTRAL BUSINESS M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE MO O MILITARY OPERATIONS R4 SUBURBAN APARTMENT C4 PLANNED SHOPPING CENTER -OZ OPEN SPACE OVERLAY ZONE RE RESIDENTIAL ESTATE C5 ARTERIAL COMMERCIAL P PROFESSIONAL SD SPECIFIC DEVELOPMENT CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN RES./A.A/AN%. NO. pq, D62 ORD./RES. NO. ADOPTED DATE PENDING ~-I I --+ -~ ~I c-t s R1 i .,.:w! HDII ~ R1 R2 2 B ~ z~.a R2 R. 9 "°' 9 Rl ~ a 5 R1 s 2 I r5.g SCALE IN FEET o Iooo 6O- MINIMUM FRONTAGE -6000 MINIMUM LOTAREA THIS MAP IS THE OFFICIAL SECTIONAL DISTRICT MAP OF THE CITY OF SANTA ANA. AS AUTHORIZED BV CITY COUNCIL RESOLUTION NO.Id-183, DATED 1 f-18-]4, I HEREBVATTEST THAT THIS MAP ISATRUE COPY OF THE ORIGINAL SECTIONAL DISTRICT MAP NO. Ede, JAV TREVINO EXECUTIVE DIRECTOR PLANNING d BUILDING AGENCY Certificep Dale _ MaV 92007 ~..: ~'~' ~ ~ REVISEDY//08 KO- 4/28/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-08 TO ALLOW A 60-FOOT TALL CELLULAR MONOPINE AT 2210 NORTH GRAND AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08 to rezone a property from Single Family Residential (R-1) to Arterial Commercial (C-5) and construct a 60- foot high cellular antenna for Sprint PCS and T-Mobile at 2210 North Grand Avenue. B. On April 14, 2008, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2006- 02. 2. Adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned. C. On May 5, 2008 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral on Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08. D. Conditional Use Permit No. 2006-08 has been filed with the City of Santa Ana seeking to allow a 60-foot tall cellular monopine at 2210 North Grand Avenue. E. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. F. Santa Ana Municipal Code Section 41-638 authorizes the City Council 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 community? Resolution No. 2008- Page 1 of 8 75A-24 The proposed 60-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS and T-Mobile wireless 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. 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 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 commercial 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 approval of Amendment Application No. 2006-02 will make this property consistent with other commercial zoning along Grand Avenue and the General Commercial designation of the Santa Ana General Plan. 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 Resolution No. 2008- Page 2 of 8 75A-25 and objectives of the General Commercial (GC) General Plan designation. G. In accordance with the California Environmental Quality Act, the recommended action 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 Nos. 2005-129 and 2007-31 will be filed for this project. Section 2. The City Council after conducting the public hearing hereby approves Conditional Use Permit No. 2006-08 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 City Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2764 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2008- Page 3 of 8 75A-26 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of attached Resolution No. Council of the City of Santa Ana on Date: Resolution No. 2008- Page 4 of 8 the Council, do hereby attest to and certify the _ to be the original resolution adopted by the City Patricia E. Healy Clerk of the Council City of Santa Ana 75A-27 Conditions for Approval for Conditional Use Permit No 2006-08 Conditional Use Permit No. 2006-08 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 applicants must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicants 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 applicants must comply with all conditions and requirements of the Development Review Committee for development projects (DP No. 05-44 and DP No. 07-12). 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 Paperbark Tree, (Melaleuca leucadendra), and 40 five-gallon size Photinia fraserii shrubs along the perimeter of the existing Southern California Edison fence as shown on the site plan. 4. Provide four 24-inch box Hollywood Juniper Trees (Juniperus chinensis `Torulosa') along the east and west edges of the leased areas as shown on the site plan. 5. Provide an eight-foot high wrought iron fence to screen the equipment cabinets. Metal mesh screening shall be attached to the wrought iron fence. 6. Provide 15 five-gallon size Photinia fraserii as a hedge along the south edge of the new wrought iron fence as shown on the site plan. 7. The proposed monopine shall be constructed per the following specifications: Exhibit A Resolution No. 2007- Page 5 of 8 75A-28 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. 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 Resolution No. 2008- Page 6 of 8 75A-29 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. 8. The permit applicant recognizes that the frequencies used by the cellular facility located at 2210 North Grand 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. 9. 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. 10. 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. 11. 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. Resolution No. 2007- Page 7 of 8 75A-30 12. 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. 13. 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. 14. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 15. The proposed wireless communication structure must be engineered to allow the co-location of other service providers. 16. 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. 17. Conditional Use Permit No. 2006-08 expires 10 years from the date of City Council approval. 18. Sprint PCS and T-Mobile, the lessees for the wireless facility, agree to remove any graffiti on the proposed equipment cabinets and wrought iron perimeter fence. Graffiti removal must be done within 24 hours from occurrence. Resolution No. 2008- Page 8 of 8 75A-31 75A-32