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HomeMy WebLinkAbout2008-27TJ 10/6/08 RESOLUTION NO. 2008-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 2006-02 AS CONDITIONED TO ALLOW THE COLOCATION ON AN EXISTING WIRELESS FACILITY AT 2200 3/ EAST MCFADDEN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On February 27, 2006, the Planning Commission of the City of Santa Ana approved Conditional Use Permit No. 2006-02 to construct a 50-foot high wireless facility on the property located at 2200 3/ East McFadden Avenue. B. The applicant is requesting the amendment to Conditional Use Permit No. • 2006-02 to allow a 10-foot height extension to, and colocation on, the existing 50-foot high wireless facility on the property located at 2200 3/ East McFadden Avenue. C. The Planning Commission held a duly noticed public hearing on October 13, 2008, on Conditional Use Permit No. 2006-02 to allow the 10-foot extension to, and colocation on, the existing 50-foot high wireless communication facility located at 2200 3/4 East McFadden Avenue. D. Santa Ana Municipal Code Section 41-198.3(b) requires a conditional use permit for major wireless facilities in the City. E. 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 10-foot addition to the existing 50-foot tall cellular monopine and colocation on this facility will provide a • service to Santa Ana residents, businesses and motorists who subscribe to Metro PCS wireless services by reducing Resolution No. 2008-27 Page 1 of 7 the gaps in digital cellular service and providing additional • calling capacity for its users, especially for those users traveling within the east 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? 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 10-foot addition to the existing 50-foot tall cellular monopine and coloration on this facility, in conjunction with the existing landscaping, will be compatible with the surrounding area and will not adversely affect the • economic viability of 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. F. 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 Resolution No. 2008-27 Page 2 of 7 • • numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2008-35 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves the amendment to Conditional Use Permit No. 2006-02 as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located at 2200 3/ East McFadden Avenue. 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 October 13, 2008, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of October, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Leo, Mill (5) NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners None (0) Gartner, Yrarrazaval (2) None (0) ~~ C ristop er Leo Chairm APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney / ~ -~ r ,~ 1 ~ ~ ~ Teresa L. Judd Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 5~ I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-27 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 13, 2008. ~/. - Date: ~~5` ~1r.~ /~~ Planning Comm ecr ary City of Santa Ana Resolution No. 2008-27 Page 3 of 7 Conditions for Approval for the Amendment to • Conditional Use Permit No. 2006-02 The amendment to Conditional Use Permit No. 2006-02 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 conditional use permit. The applicant must remain in compliance with ail 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 10-foot addition to the existing monopine should be coordinated with Cell Trees Inc., the original manufacturer. 2. The specifications for the monopine wireless facility are as follows and should be added to the site plan prior to submittal into building plan check. • 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 feet 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. Resolution No. 2008-27 Page 4 of 7 Exhibit A • 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 of 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. 3. Each major wireless communication facility approved pursuant to the Santa Ana Wireless Communications Ordinance (Section 198-198.13 of the Santa Ana Municipal Code) shall be approved for a period not to exceed 10 years. 4. Provide a map showing existing locations of all other wireless communication facilities, and a before and after coverage for the specific location. 5. The new equipment cabinets shall be screened by a six-foot, eight-inch high block wall using the same rock aggregate materials as the Sprint equipment enclosure and the exterior of the existing building. The wrought iron door shall include a metal mesh screening to match the door to the Sprint equipment enclosure 6. Clarify that Keynote No. 9 "coax cable vertical ladder," is not similar to an ice bridge. 7. Prior to submittal into building plan check, provide a note on the plans • stating: Resolution No. 2008-27 Page 5 of 7 • a) All utilities, coaxial, and conduit for the project should be designed to be underground; this should eliminate the need for an "ice bridge." b) All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. c) 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 2200 East McFadden Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications 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 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. Resolution No. 2008-27 Page 6 of 7 12. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to ensure 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 ensure 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 coloration 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. Metro PCS, the lessee 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. 18. Relocate or replace any existing Canary Island Pine trees that are located within the scope of work. If the trees cannot be relocated, they must be replaced in kind with 48-inch box size Canary Island Pine trees planted in the vicinity near the project. • Resolution No. 2008-27 Page 7 of 7 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 92701. I served the foregoing document described as: Resolution No. 2008-27 Amendment to Conditional Use Permit No. 2006- in t is action y p acing a true copy t ereo enc ose m sea a enve opes a resse as follows: Jackie Le Scott Turcotte Royal Street Communications California, LLC Public Storage Pick Up & Delivery 350 Commerce, Suite 200 L.P. Irvine, CA 92602 PO Box 25025 Glendale, CA 91221 [ ] 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 EMAIL 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 November 25, 2008 at Santa Ana, California. MARTHA RAM •