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HomeMy WebLinkAbout2003-06• RESOLUTION NO. 2003-06 bk/3/6/03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0.97-05 TO CO-LOCATE WIRELESS COMMUNICATION ANTENNAS ON AN EXISTING 60 FOOT MONOPOLE LOCATED AT 2621 SOUTH BIRCH STREET IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT. • 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. The application to amend Conditional Use Permit No. 97-05 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 24, 2003. B. The application to amend Conditional Use Permit No. 97-05 has been filed with the City of Santa Ana seeking to allow the co-locations of additional wireless communication antennas on an existing 60 foot monopole located at 2621 South Birch Street in the Light Industrial (M-1) zoning district. C. 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 community? The proposed facility will provide enhanced services to customers in the south central area of Santa Ana by assisting in closing service gaps and providing additional calling capacity to offer high quality coverage of Internet and telephone service. • 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? Resolution No. 2003-06 Page 1 of 4 • Federal and State law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal and State laws. However, the proposed facility will be in compliance with the California Public Utilities Commission (CPUC) and the Federal Communications Commission (FCC) safety regulations. The proposed unmanned facility will require no additional sewer, water, or parking infrastructure to support its operation, thus its impact on the general welfare of persons working in the vicinity will be limited to visual impact which will be mitigated by stealth design and the addition of two palm trees. No neighborhoods will be impacted, as there are no residential uses within 300 feet surrounding the facility. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties in the surrounding area? The proposed facility will operate on an existing monopole and will provide enhanced telephone and Internet services to the businesses and residents on the immediate vicinity. As designed and conditioned, the existing facility will enhance rather than adversely affect the economic development or • stability in the area by providing an additional user on the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The new AT&T cellular facility, as designed, is in compliance with the regulations and conditions identified in Chapter 41 of the SAMC for a major wireless facility. The existing Nextel Communications facility is in compliance with the approved conditions established by Conditional Use Permit No. 97-05. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed facility will not adversely affect the General Plan as wireless communications facilities, designed to be compatible with the surrounding environment, are consistent with the goals and objectives of the Industrial (IND) General Plan Land Use Designation. Section 2. The Planning Commission has reviewed and considered the • information contained in the initial study and the Mitigated Negative Declaration and Resolution No. 2003-06 Page 2 of 4 • Mitigation Monitoring Program prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA")and the State CEQA Guidelines, Mitigated Negative Declaration and Mitigation Monitoring Program No. 2002-295 adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the Mitigated Negative Declaration and Mitigation Monitoring Program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. • Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission after conducting the public hearing hereby approves the application to amend Conditional Use Permit No.97-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 24th day of February, 2003 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo (5) NOES: Commissioners: None ABSENT: Commissioners: Nalle (1) ABSTENTIONS: Commissioners: None /~ A~~~~~ nder Nalle ~~`- Chairperson • APPROVED AS TO FORM: Joseph W. fetcher, City Attorney By: Benj min Chie Ass nan ~ City Attorney Resolution No. 2003-06 Page 3 of 4 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2003-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 24, 2003. ,,.-~ Date: ~ t~°~-~ P arming C ssion Secretary City of S a Ana • Resolution No. 2003-06 Page 4 of 4 • • Conditions for Approval for Conditional Use Permit No. 97-05 Amendment to Conditional Use Permit No. 97-05 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 rip 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. The following conditions were established on June 16, 1997 and shall remain in effect. A. Planning Division 1. The proposed antenna is to be developed in compliance with the conditions and requirements of the Development Review Committee per Site Plan Review DP No. 96-76 with the exception of the monopole's height and landscape requirement as approved by Conditional Use Permit No. 97-05. 2. Provide an eight-foot high wrought iron fence per code around the cellular facility easement. 3. Provide a minimum eight-foot high solid block wall or fence on the north, east, and west property lines of the subject property. 4. Provide one trash enclosure per city standards on the site. 5. Provide one parking stall for cellular maintenance personnel. 6. Provide monopole design for co-location option. 7. The cellular monopole shall be reviewed at five-year intervals and at such time as it is determined that the monopole is no longer needed for cellular broadcast operations, it shall be removed at the expense of Nextel Communications or the business successor or the property owner. 8. Conditional Use Permit No. 97-05 approval does not exceed the term of the lease. ~~ ~J 9. The antenna co-location is to be developed in compliance with the conditions and requirements of the Development Review Committee per EXHIBIT "A" Page 1 of 3 • Site Plan Review DP No. 2002-62. (Added to the previously approved conditions). 10. The two 30-foot Mexican Fan palms shall be maintained in good condition as long a wireless communication facility is on the site. (Added to the previously approved conditions). 11. 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. (Added to the previously approved conditions). 12. The permit applicant (Nextel Communication and AT&T Wireless Service) recognizes that the frequencies used by the cellular facility located at 2621 South Birch 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. (Added to the previously approved conditions). 13. At all times, the permit applicant shall not prevent City of Santa Ana from having adequate spectrum capacity on City's 800 MHz radio frequency. (Added to the previously approved conditions). 14. 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. The Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor will conduct this test 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 EXHIBIT "A" Page 2 of 3 • "frequency planning" process has been met. (Added to the previously approved conditions). 15. 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. (Added to the previously approved conditions). 16. 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 City's designated representative upon activation of the facility. (Added to the previously approved conditions). 17. 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. (Added to the previously • approved conditions). 18. The permit applicant shall provide a coverage and cell site location map for each facility proposed. (Added to the previously approved conditions). r~ EXHIBIT "A" Page 3 of 3