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HomeMy WebLinkAbout2009-05KO- 3/5/09 RESOLUTION NO. 2009-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-01 TO ALLOW THE CONSTRUCTION OF A WIRELESS FACILITY DESIGNED AS A MONOPINE AT 2929 SOUTH HALLADAY 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. 2009-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 9, 2009. B. Conditional Use Permit No. 2009-01 has been filed with the City of Santa Ana seeking to allow the construction of a wireless facility designed as a monopine at 2929 South Halladay 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 T-Mobile wireless service by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the southeast 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 Resolution No. 2009-05 Page 1 of 5 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 infill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2008-220 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No2009-01 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 March 9, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of March, 2009 by the following vote: Resolution No. 2009-05 Page 2 of 5 AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner, • Yrarrazaval (7) NOES. Commissioners. None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) ~' t C ristoph r Leo Chairma APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney __ By: ~ ~~, Kylee Ot Assistant~City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 9, 2009. Date: ~ ~~~~~~ ~--y,,.c~/y~ L=~~~ / \ Planning Commission Secretary City of Santa Ana Resolution No. 2009-05 Page 3 of 5 Conditions for Approval for Conditional Use Permit No. 2009-01 • Conditional Use Permit No. 2009-01 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 rig or 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. 08- 73). 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 60-foot monopine facility. 4. The permit applicant recognizes that the frequencies used by the cellular facility located at 2929 South Halladay 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 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. Exhibit A Resolution No. 2009-05 Page 4 of 5 • 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 11. The proposed wireless communication structure must be engineered to allow the collocation of other service providers. 12. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the fenced parking lot. 13. Conditional Use Permit No. 2009-01 expires 10 years from the date of City Council approval. r~ u Resolution No. 2009-05 Page 5 of 5