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HomeMy WebLinkAbout31A - 2649 3/4 WEST FIRST REQUEST FOR COUNCIL ACTION ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 4, 2010 TITLE: APPROVED ? As Recommended MODIFICATION TO CONDITIONAL USE PERMIT ? As Amended NO . 2 0 0 6 - 21 AND VARIANCE NO . 2 0 0 9 - 0 4 TO ? Ordinance on 15f Reading ALLOW AN INCREASE IN HEIGHT FOR A ? Ordinance on 2"d Reading ? Implementing Resolution SECOND CARRIER ON AN EXISTING 60 -FOOT ? Set Public Hearing For HIGH FACILITY AT 2649% WEST FIRST STREET - SEQUOIA DEPLOYMENT SERVICES, I APPLICANT _ CONTINUED TO ~ ~ a~--•"~, ~ uJ~~ ~:.t,-<~---. FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving modification to Conditional Use Permit No. 2006-021 as conditioned and Variance No. 2009-04 as conditioned. PLANNING COMMISSION ACTION On December 14, 2009, the Planning Commission adopted a resolution approving modification to Conditional Use Permit No. 2006-21 as conditioned and adopted a resolution approving Variance No. 2009-04 as conditioned by a vote of 6:0 to allow an increase in height for a second carrier on an existing 60-foot high facility at 2649% West First Street in the Light Industrial (M-1) zoning district. 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. Ja M. Trevino G~--E cutive Director u Planning & Building Agency LDY:rb ldy\reports\CUPs 2009\cup06-21va09-04 AT&T 2649 W First.cc 31 A-1 REQUEST FOR s Planning Commission Action ~k PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY DECEMBER 14, 2009 APPROVED TITLE: ? As Recommended PUBLIC HEARING - FILED BY SEQUOIA ? As Amended DEPLOYMENT SERVICES TO MODIFY ? Set Public Hearing For CONDITIONAL USE PERMIT NO. 2006-21 DENIED AND VARIANCE NO. 2009-04 TO ALLOW AN ? Applicant's Request INCREASE IN HEIGHT FOR A SECOND CARRIER ? Staff Recommendation ON AN EXISTING 60-FOOT HIGH FACILITY AT 2649 WEST FIRST STREET CONTINUED TO Prepared by Larry D. Yenglin Executive Director Planning anager RECOMMENDED ACTION 1. Adopt a resolution approving modification to Conditional Use Permit No. 2006-21 as conditioned. 2. Adopt a resolution approving Variance No. 2009-04 as conditioned. DISCUSSION Request of Applicant Sequoia Deployment Services, representing AT&T, is requesting approval of a variance to increase the height of an existing 60-foot high cellular antenna to 63 feet and a conditional use permit to allow the co-location of a second carrier on an existing monopine at 26493 West First Street. 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 commercial and industrial uses to the north, commercial uses to the west, and commercial and industrial uses to the east. There are duplex units in a planned residential development and a retail use to the south (Exhibit 2). The subject property is owned by Devinder Pal Sarin, doing business as Mel-o-dee Ice Cream, and is approximately 1.29 acres in size, rectangular in shape and improved with various industrial buildings. EXHIBIT A 31 A-2 Modification to CUP No. 2006-21 Variance No. 2009-04 December 14, 2009 Page 2 Project Description AT&T is proposing to increase the height of an existing monopine by three feet for a total of 63 feet to provide increased cellular coverage and call capacity in this area. The existing monopine will be modified accordingly to ensure that the facility adequately stealths the antennas for both carriers. The branches will reach a height of 70 feet to look like a natural tree. AT&T will be the second carrier on this monopine, with T-Mobile currently on the monopine. Additional equipment will be installed in an enlarged equipment enclosure at the base of the tree (Exhibits 3 and 4). The proposed wireless facility will include nine panel antennas, new equipment cabinets and two GPS antennas at ground level, all of which will be camouflaged as a Canary Island Pine Tree or be located within the base enclosure. The monopine and equipment cabinets will continue to be enclosed by an eight-foot high wrought iron fence that will incorporate new shrubs and vines to assist in screening the equipment. Two Canary Island Pines were planted as a condition of the original CUP and will remain on the site (Exhibit 5). The leased site is behind an auto repair business and located approximately 120 feet north of First 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. Due to compliance with the approved development standards, Conditional Use Permit No. 2006-21 was approved by the Planning Commission in 2006 to allow a 60- foot high monopine at this location. The applicant is proposing to modify the existing conditional use permit and obtain a variance from the height standards to allow an additional carrier on the existing facility at a height of 63 feet. The proposed three-foot increase in the height of the monopole is due to the minimum separation requirements between carrier antennas to avoid cellular interference. The existing T-Mobile antennas will be raised to the 63 foot height and the new AT&T antennas will be placed at approximately 53 feet in height. This will ensure that both carriers provide the necessary coverage and call capacity for their subscribers. An alternative to the proposal would be to permit an additional monopole in this area to provide 31 A-3 Modification to CUP No. 2006-21 Variance No. 2009-04 December 14, 2009 Page 3 the necessary coverage and capacity. However, the locational criteria for wireless facilities encourage the collocation of wireless providers as the primary siting option. The applicant has also explored the potential to locate 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 AT&T. The proposed facility will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to AT&T by providing additional calling capacity and reduce any gaps in service. The proposed facility is located within the interior of the site and will incorporate additional shrubs and vines to screen the existing and new equipment cabinets. Adequate screening is provided for the wireless facility and it is buffered by industrial buildings along First Street. Further, all wiring and conduit will be underground or hidden within the interior of the monopole. The proposed wireless facility will comply with all other provisions of the Wireless Communications Facility Ordinance and will provide needed service to the central section of the City. Based upon the above analysis and findings, staff recommends that the Planning Commission approve modifications to Conditional Use Permit No. 2006-21 and Variance No. 2009-04 as conditioned. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2009-78 will be filed for this project. r n T ~ L rry D. Yeng in AICP Vince Fregoso, AICP Associate Planner Principal Planner LDY:jm ldy\reports\CUPS 2009\cup06-21va09-04 AT&T 2649 w First.pc 31 A-4 cuy or R1 /q/ R2 R1 L caraea doze y ' sT R1 R1 R1 R1 C 3 Q~ R2 R' Rt R1 L w ro ¢ R2 i 2~PP < R2 Rz ~ R1 r Rt R1 Rt L r /j R2 R1 arN sT. 0 R2 e3~~ 5R1 ~ °o R1 Rt C R1 - - - / ~ ~ R1 ~ p+ r J R1 < Rt I r o, L / 0 s < Rp ~ R1 Rt ]TN-~ ~ 0 < q Ri R2 r -w I " sT. t, R1 R2 L / R2 ~ ~ R2 L o wluowvcK oa. / < , ° a 31 ~ < _ R2 w R2 _ . s Mi q ~ I ~ - / - - <2 y< Ml ~ Ri ~ R1~ Rt s R1 Rt "2 ~ __I~.~ e ~ - I C" R2 i i i~ 0 M1 ~ SD-70 M1 M1 M1 k ~ II M1 ~ ~ II j/ / ~ sao~+}sza'-'I-- ° C~PECOO WY R2 R2 R2 ~ R2 ' /~i i I i i ~ i F \ M1 R2 R2 R1-PRD / I I I i i i I i WI M1 R1 Rt 5 r i~/ ii ii M1 ii/ii°~i ¢ Mt I Mt Mt C2 Rz O `C ==i L; •1__A31 I ` PROJECT SITE R2 Rz P - 1ST ST r -z3o.~, F- la II /i ~ S I I . /r ~ C2 C2 C2 L ~rr~i sa-2 iR21 / / ~ C2- ~ C2 i C2 ~ R2-PRD ~ i C2 I i : ~Mti I Mt R2 R2 I / / / ~ 1 tB ti1S~ I I I I Ir CG WALNUT ST-- _ 4~~TI~ I I II {,b II I C Rl ~ i i I I-11 M1 0 -------t/ ii III`=---ll DTI II„I -Ifs s mll II I _ R4`B Ri Ri r c Ir I ~ I I III rL------I II $ L_ i~~~ L~ 1 I I 12 I IR11I I //------II I q ~ / /j~\ R2r1 IL-=~ t II II I //------!I II IL--' , / ~ I----T , 11 If- I-~L_IL /-------II II ~ R4 , I R2 / rr t~ M I ' i~___Ri I ~I ~ CHESTNUT AV ` R2 r rr rr tl o I II li it iii= =_~T~ ~\r': R1 R1 y I I ~ ~ l I r I I I I I I I I i/ I 11 11 11 l u, -I I------ - t-'= 1 I / II II II II t?~ II II II II I Ilr-----,t--~~ R3 R3 R2 ; R7 T y R7 R2 Q R1 Rt Rz = R2 R2 3 R2 ¢ R2~ ~ 0 s R1 H R1 y Rt Ri R1 R1 Ri R2 I~ g R1 0 ~ waLns sT R1 es Rt R1 2 T _ _ _ Al - 2 I----i~-_-_-_-_-_-- At sT R1 gR1 I`---\tr R3 ~,c;\e 3` ~ y R1 I ~ _ ~ ~ t I , Rt Rt Rt ~ Ri Ri w o t I' I ~ ~ 3 R1 _ R1 5 Al oaT Rl Rl Il I____-t ' Rt „ M1URKST w Rl o C Ri - tRi °~a tL-===~~ ~ Ri Rt ~ D w Ri NgNT~ VISTA AV. Ri Ri ~ ~c~e R1 PND' R m SP 2 R1 Rt R1 T R3 ~ ~ " Rt 0 w 0 R3 R3 R1 sis N y ~ R1 Rt Rt Rt i R1 R1 i ~ ~ R1 Al GENERALAGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C1-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL _ CUP 06-21, VA 09-4 T MOBILE MONOPINE ~ 2649 3/4 WEST FIRST 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 .S ~ I ~B~ 1 0 w U W U R V S T O R A G E ~ W ¢ W 2 ~ C ~ OFFICE ~ N ~ H BUILDING J N OFFICE C7 OFFICE MEAT COMPANY LIGHT INDUSTRIAL Z ~ LIGHT ~y~/ SALVATION 9 APARTMENT ~ ? 3 ARMY UNITS INDUSTRIAL J Q OFFICE & OFFICES BUILDING l1J J PRINTING PROJECT SITE N COMPANY CLINIC FIRST STREET GAS GAS AUTO A P A R T M E N T S STATION STATION REPAIR CUP 06-21, VA 09-4 T MOBILE MONOPINE ...w.. 2649 3/4 WEST FIRST 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 3 ~X~iI~T 2 i T a M ~ ~ ~ ~ ~ ~ X 1 1 I •o-~ iI .6-Lfli ,o-Atli 1 I a4 ~ I I ~ ~ 1 f g~ I I N a~4~e3 ~ I C I ~ ~ ~ ~~p~ II_ I i t ,9-.9I I i I 3N~f1y Alk3dOW ~ J I ~ _ _ x 1 ' ~ ~a ~R MR~R~~~ I ~~.r° I ~ ~ 9 g I L•-----°•__~--'-.----1 658E Y4$ ; - ~ ~ 's i ~ ' I ~ ~ ~ ~ I ~ ~ 1 a ~ r ~ ~s~ g ~ ~ ~ ~ ~a~ j ~ ~ I ~~g ~ ~ 1 1 1 I Q I i g Q~ ~'I ~ ~y ~ ~ 1 J !r ~ I 1 O F ~ I ~ U ~ w I 00 I I j 0 ~i 1--- ----~-----~-1 1 _ - - _ - _ - 31111 AIL3dOtld I W w~ G 1 ~ T I 1 V 1 I 1 WI ~I n8 ~1 I I oq° I ~ I Ewa ~1Q I ~ I / 1 z o j, ~ w I - inn aur3doaa ~ ~ w ~~g ---3---- yaax.~,s xaua~v~ ~x H,[y Z 4y d L+J I H i N i AMQENDMENT TO ,31H039 210 ALIlI80W lily i0 NOISSIW213d N3llItlM 3H1 H11M 1d30%3 W210i ANV NI 0350 b0 03J00021d321 ClJ• 06-21NA 09-~ 38 AVW }~3W0~{l0 SfyL 3=1yy~ON All11BOW lily HLM 1N3W3321`~1' NV L30Nf1 NO11YtlOd210J 131H739 2103 031V3i17 SYM 1N3W0000 SIHt EXHIBIT 3 31 A 7 a ~ o~ .°o a e~~ ~ ~ ~ Ns o~~ ~ ~ ~ ~ S' _ ~ ~$~g ~ Q ~ s G ~ ~t_ ~ rS ~5 ~ V~ tl~ < o v3ev ism ,liiv. ~ pp U < W = C .~-.sus ~ .0-.1 ,o-,l ,cs ,o-,f ,f-,~ ,f-,Y ,f-,h 3NIl AItl3dOtld (3) - - - ~ °P 37N3i NNf1NMIJ (3) 1 j 4~ .1 ~ ~ 9 ~ t` O ~ O I 4i - _ o ~ ~ I 4 ~ a ~ ~ ~Q T ~ 0 ~ I @ yl ~i _ a se 1 ~ 1 4~ ~ ~ a ` ~~i i r ~i, % I .i~ _ -1 u ct I III ~ p~ j i ~ 1~ ~ iw I I I 'I3NV 35V31 ,lily, I 1 Ol yam,,, 1 I 3NRIl'JX3-Npi I i ~ I I 'yT '6( ~ 30N~Z1 I I ra s~ © ~ ~ ~z .o-s .ol-.sl .a-.as ~ ~ ~ ~ ~ aao .o-.zls .a-.a r ~ r ~ N ~ ~ Z U ~ W D w c~ I ~ ~g ~ yIy~ F 8 z `4'~e ~ .o-.cl yy~~ 4 ee ~ ~ y~~ rJ ~ q z w~ N o ~ a nod ~ W~d ~ ~ ~ ~I a ~ ~ ~ ~ z ~ ~ . I ~ ~ a 000 0000 0 0®®®®©®®4® .y a AMENDMENT TO r~ >3 ~ ~ wl-, „3~.d~ ~ , , , , ~ CUP 06-21 NA 09-4 ` EXHIBIT 4 .9 ,ro H $o ~ ~Y ~ ~ ~ ~ ~ ~ ~ L Lam, , ~i ~ Y ~ ~ e ' ~ ~~~d ~ ~ ~ ~~I ~ ~i ~ ~ ' ~ ~ ~ ~ ~j ~ ~I ~ ~ ~ r ~ ~ ~ ~ r ~ ~ ~ C <I y ~ t 52 8 ~ ~i < ~I s ~j ~ ~ .o-.~r ~ 4 .0-Al ,9-,OC ~ ~ ~ 7 ~ _ S .9-.09 Z r' ~ .o-.c .a,ro O ~ ~ .o-.oc ~ W J ~ W ~ ~ r ~ H ~ gx~ N N ® ~ qzq .o-.ou .o-.o~ .a-.os ~ ~0 ~ ~ ~ ` ~ e }e~~ y ~ ~ ~W~' ~ « ~ o I, ~}p~{ a ~i ~ ° ~ - ~ 003 w 3 EI ~ ~ ~ ~ -8 ~~J ` ~ use M ~ ~ / _ S iw- ~ ~ ~ w>~ ~ ~ ~ w~QQ =2S ~ ~ ~ s ~ 4 ~ 4 ~ ~ ~ ~ ~ a w ~ .~q W ~ ~ ~ ~ ~ ~ s~~~ ~ J r 'y 'y r'~' ~ ~ s Z ~I ' I~ r ~ r ~ ~y o o ~ o m as~~~ Z ~ s W K~ z ~ a a .o-.oc w AMENDMENT TO » ~ ~ ~ , is 3 . ~ ~ CUP 06-21NA 09-4 ' "~a~>A_~ ' ~w~,.:.. ~a ~ ~ , 3 i,, ,a~,-, ~ . , EXHIBIT 5 bk:12/9/09 RESOLUTION NO. 2009-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2006-21 AS CONDITIONED TO ALLOW A SECOND CARRIER ON AN EXISTING CELL TOWER AND VARIANCE NOS. 2000-04 AS CONDITIONED TO ALLOW AN INCREASE IN HEIGHT FOR A SECOND CARRIER FOR THE PROPERTY LOCATED AT 2649 3/4 WEST FIRST 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. Applicant is requesting approval of a modification to its conditional use permit to operate a cellular tower and a variance to exceed the maximum height for the existing 60' cell tower located at 2649 West First Street. B. Conditional Use Permit No. 2006-21, and Variance Nos. 2009-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 14, 2009. C. Conditional Use Permit No. 2006-21 has been filed with the City of Santa Ana seeking to allow a second carrier on an existing cell tower. Light Industrial (M-1) zoning district. 1. AT&T is proposing to increase the height of an existing monopine by three feet for a total of 63 feet to provide increased cellular coverage and call capacity in this area. The existing monopine will be modified accordingly to ensure that the facility adequately stealths the antennas for both carriers. The branches will reach a height of 70 feet to look like a natural tree. AT&T will be the second carrier on this monopine, with T-Mobile currently on the monopine. Additional equipment will be installed in an enlarged equipment enclosure at the base of the tree. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Resolution No. 2009-19 Page 1 of 10 31 A-10 i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed 63-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to AT&T services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the central sector of Santa Ana. ii. 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? The 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. iii. 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. ~ iv. 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. v. 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 Resolution No. 2009-19 Page 2 of 10 31 A-11 designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Industrial (IND) General Plan designation. D. Variance No. 2009-04 has been filed seeking an increase to 63 feet in height for the monopine. 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances exist because the subject property already hosts an existing 60-foot monopine and there are no feasible alternative properties that can meet the coverage requirements. In addition, adding a second monopine would require the loss of additional parking spaces on the subject site. The City also encourages co-location of wireless facilities. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. This facility will fill an existing coverage gap using the least intrusive means possible. Extending the monopine an additional three feet will result in the least impact on the subject site and the area. It will provide reliable wireless coverage to the citizens and businesses of Santa Ana. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. A three-foot extension of the monopine is the less intrusive means of providing needed coverage and capacity for wireless customers. Resolution No. 2009-19 Page 3 of 10 31 A-12 iv. That the granting of a variance will not adversely affect the General Plan of the City. The cellular facility will not adversely affect the general plan of the city and in fact supports the needs of residents and businesses by improving technology used by most everyone. It supports the goal of addressing basic community needs, enhancing the City's economic and fiscal viability and ensuring that the impacts of development are mitigated. 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. 2009-78 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 3531 South Fairview Street: 1. Conditional Use Permit No. 2006-21, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to operate a surface parking lot. 2. Variance No. 2009-04, as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 14, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of December, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner, Yrarrazaval (6) ~ NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2009-19 Page 4 of 10 31 A-13 Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-19 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 14, 2009. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2009-19 Page 5 of 10 31A-14 Conditions for Approval for Conditional Use Permit No. 2006-20 Conditional Use Permit No. 2006-21 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 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 (~R-AIe~AA6-3 DP No. 2009-30). 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 monopine shall be constructed as per approved plans and the existing landscaping shall be protected in place during the construction period for the 6A63-foot monopine facility. 4. 5. The proposed monopine shall be constructed per the following specifications: a. The monopine should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. EXHIBIT A Resolution No. 2009-19 Page 6 of 10 31 A-15 c. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f. Branches should have an upward sweep similar to that of actual Canary Island Pines. g. Branch foliage color should be an olive green with some brown "needles" to match an actual Canary Island Pine. A sample should be submitted for approval prior to fabrication. h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. i. All antennas shall be covered with "pine antenna socks" that match the approved foliage color. j. All "stand-off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade 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". Shrouds on the outside of the pole are not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 6. The permit applicant recognizes that the frequencies used by the cellular facility located at 26493/< West First 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 and frequency coordination" engineering measures to prevent interference, especially in the choice of Resolution No. 2009-19 Page 7 of 10 31 A-16 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 apost-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. 12. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. Resolution No. 2009-19 Page 8 of 10 31 A-17 13. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 14.This modification to Conditional Use Permit No. 2006-21 expires #i~ve 10 years from the date of City Council approval. Resolution No. 2009-19 Page 9 of 10 31 A-18 Conditions for Approval for Variance No. 2009-04 Variance No. 2009-04 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2009-30). 2. Vines are to be planted around the entire wrought iron fence. 3. All antennas are to be completely hidden with the branches and sleeves. 4. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 5. The proposed monopine shall be constructed as per approved plans and the existing landscaping shall be protected in place during the construction period for the 63-foot monopine facility. EXHIBIT B Resolution No. 2009-19 Page 10 of 10 31 A-19 31 A-20