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HomeMy WebLinkAbout2005-03KO - 1 /20/05 • RESOLUTION NO. 2005-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-33 TO ALLOW A 60-FOOT HIGH WIRELESS COMMUNICATION FACILITY AT 3308 WEST WARNER 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. 2004-33 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 10, 2005. B. Conditional Use Permit No. 2004-33 has been filed with the City of Santa • Ana seeking to allow a 60-foot high wireless communication facility at 3308 West Warner Avenue. 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. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed 60-foot tall cellular facility at 3308 Warner Avenue will provide enhanced service for customers of Cingular Wireless in the southwest portion of Santa Ana. Additionally, the monopole will aid in reducing the gaps in cellular service to its users especially for those users traveling on Warner Avenue, a major arterial, and in the surrounding industrial areas. 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. 2005-03 Page 1 of 3 • Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. 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 monopole will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the monopole has a stealth design that will maintain the appearance of a light standard. In addition, due to its location at the rear of an industrial building and proposed reduction in overall height, it is not expected to create any adverse economic impacts for the surrounding properties. 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 be in compliance with the regulations and conditions identified in Chapter 41 for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole will not adversely affect the General Plan as cellular facilities, designed to be compatible with the surrounding environment, are consistent with the goals and objectives of the Industrial (IND) General Plan designation. 2. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15301), the recommendation is exempt from further review. This Class 31 exemption allows for minor alterations to existing facilities. Categorical Exemption Environmental Review No. 03-96 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2004-33 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated January 10, 2005 and exhibits attached thereto; and the • public testimony, all of which are incorporated herein by this reference. Resolution No. 2005-03 Page 2 of 3 ~J ADOPTED this 10th day of January, 2005 by the following vote: AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle (5) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Cribb (1) None (0) None (0) Glen Mondo Chair erson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~.. • Kylee O. to Assistant ity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 10, 2005. Date: ~ ~~ 0 ~` Plan ing Commission Secre City of Santa Ana • Resolution No. 2005-03 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 2004-33 Conditional Use Permit No. 2004-33 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. Plannin4 Division 1. The applicant must comply with all conditions and requirements from the Development Review Committee for the development project (DP No. 03- 24). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if • administrative relief is available or the conditional use permit must be amended. 3. The permit applicant recognizes that the frequencies used by the cellular facility located at 3308 West Warner 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. 4. 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. EXHIBIT "A" Page 1 of 2 • 5. 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. 6. 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. 7. 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 City's designated representative upon activation of the facility. 8. 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. 9. The permit applicant shall provide a coverage and cell site location map for each facility proposed. • EXHIBIT "A" Page 2 of 2