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HomeMy WebLinkAbout2007-13:7 RESOLUTION NO. 2007-13 KO - 1/17/07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 2001-13 TO RENEW THE OPERATION AND ALLOW THE CONSTRUCTION OF A WIRELESS FACILITY STEALTHED AS A MONOPINE FOR THE PROPERTY LOCATED 14033/ NORTH TUSTIN 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. Conditional Use Permit No. 2001-13 was approved by the Planning Commission on July 9, 2001. B. The amendment of Conditional Use Permit No. 2001-13 came before the Planning Commission of the City of Santa Ana for a duly noticed public . hearing on January 22, 2007. C. Conditional Use Permit No. 2001-13 has been filed with the City of Santa Ana seeking to renew the operation and allow the construction of a wireless facility stealthed as a monopine for the property located 14033/ North Tustin Avenue. D. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. 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 60-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS and Metro PCS 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. Resolution No. 2007-13 Page 1 of 7 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 of the area. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this professional office 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 Professional and Administrative Office (PAO) 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 numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2006-86 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby • approves Conditional Use Permit No. 2001-13 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at Resolution No. 2007-13 Page 2 of 7 • the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 22, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of January, 2007 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Leo, Lutz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Christop Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. O Assistant C Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 22, 2007. Date: ~~'l~ ~~ Planning Commission ecret City of Santa Ana Resolution No. 2007-13 Page 3 of 7 Conditions for Approval for Conditional Use Permit No. 2001-13 The amendment to Conditional Use Permit No. 2001-13 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 Uniform Fire Code, the Uniform Building 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 (DP No. 2006-27). 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. Two existing Canary Island Pine trees (Pinus canariensis) shall be relocated north of the leased area and be guaranteed to grow for a period of one year. Replacement of a tree equal in size would be required if one or both of the trees should die within the replacement period. In addition, matching shrubs and Boston Ivy vines shall be planted per the landscape plan. 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. 2007-13 Page 4 of 7 i 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. 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). 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 shall 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. A temporary cell on wheels (COW) shall be permitted during the replacement of the existing pole with the new pole structure. The Resolution No. 2007-13 Page 5 of 7 temporary cell on wheels will be allowed for 20 days during the • replacement of the existing pole structure with the new pole structure. 6. The permit applicant recognizes that the frequencies used by the cellular facility located at 14033/4 North Tustin 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. 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 wilt 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 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. Resolution No. 2007-13 Page 6 of 7 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. 13. The proposed wireless communication structure must be engineered to allow the colocation of other service providers. 14. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 15. Conditional Use Permit No. 2001-13 shall expire five years from the date the City Council receives and files the amendment to Conditional Use Permit No. 2001-13. Resolution No. 2007-13 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 2"a ,Santa Ana, California 92702. On January 5, 2007 I served the for Resolution No. 2007-13 (Amend Conditi action ~y pI~acing a true copy t ereo ' encTo follows: William Lynch WMI Enterprises, Incorporated 7575 Cadencia Street Carlsbad, CA 92009 n document described as: l Use Permit No. 2001-13) in this in~ecTnverope~dressed as [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). • [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 14, 2007 at Santa Ana, California. MARTHA Z •