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HomeMy WebLinkAbout2002-31• RESOLUTION NO. 2002-31 Kdo/1 /10/03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-18 AND VARIANCE NO. 2002-10 TO ALLOW CONSTRUCTION OF A 75 FOOT WIRELESS COMMUNICATION FACILITY AT 1517 NORTH FAIRVIEW 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. The Planning Commission held a duly noticed public hearing on October 28, 2002, on Conditional Use Permit No. 2002-18 and Variance No. 2002-10 to allow construction of a 75 foot high wireless communication facility at 1517 • North Fairview Street. 1. October 28, 2002, the Planning Commission closed the public hearing, and voted to continue the matter to allow staff and the applicant the opportunity to research alternative, compatible stealth designs for the site. 2. On January 13, 2003, Conditional Use Permit No. 2002-18 and Variance No. 2002-10 was brought back before the Planning Commission. B. Santa Ana Municipal Code Section 41-198.3(b) requires a conditional use permit for major wireless facilities in the City. 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 that will contribute to the general well being of the neighborhood or the community? The proposed 75-foot tall cellular facility will provide an • additional service to the community by assisting Cingular in reducing the gaps in digital cellular service Resolution No. 2002-31 • that is provided to its users; especially for users traveling on Fairview Street, a major arterial and in the surrounding area. ii. 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. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed wireless communication facility will be compatible with the surrounding area and will not adversely affect the economic viability in the area as • the project has a stealth design that will maintain the appearance of a pine tree. The development of this facility will assist in increasing the economic stability of the project site. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility, with the exception of the height of the structure, has been designed to be in compliance with the regulations and conditions identified in Chapter 41 for a major wireless facility. v. 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. C. Applicant is seeking Variance No. 2002-10, to allow for relief from the • code limiting the height of wireless communication facilities at 1517 North Fairview Street. Resolution No. 2002-31 • 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The new facility will result in a reduction in height from 99 feet to 75 feet. Due to the specific array height of 61 feet required by AT&T, the required separation criteria to avoid interference and the design of the monopine, the total height of the structure exceeds the allowable height of 60 feet. Therefore, due to the required array heights and structure design, the strict application of the zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. ii. That the granting of a variance is necessary for the • preservation and enjoyment of one or more substantial property rights. The granting of the variance for the structure to exceed the allowable height will preserve the property owners ability to develop the property with a use that will benefit the community by reducing the gaps in digital cellular service that is provided to its users especially for users traveling on Fairview Street, a major arterial and in the surrounding area. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare or injurious to surrounding property as proposed. It is anticipated that the wireless facility design will be compatible with the surrounding area and will not adversely affect the economic viability in the area and increase economic stability of the project site. • Resolution No. 2002-31 • iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of a variance will not adversely affect the General Plan of the City since the proposed wireless facility has been designed in conformance with City zoning and General Plan requirements. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and 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, a Mitigated Negative Declaration and Mitigation Monitoring Program 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 § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission hereby approves Conditional Use Permit No. 2002-18 as conditioned in Exhibit "A" attached hereto and incorporated herein and approves Variance No. 2002-10 as conditioned in Exhibit "B" attached hereto and incorporated herein. • Resolution No. 2002-31 • ADOPTED this 13th day of January, 2003 by the following vote: AYES: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, Richardson, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) ~(~ ~ ~ ~~ Alexander Nalle Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney "/' ~~, r B ~ i ~ ~' Y• ~u~.« ty Ci~y Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2002-31 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 13, 2003. ~~`` Date: "~ ~ v 7 ~ti~~ Inning ;Co ssion Secretary Ity of a Ana • Resolution No. 2002-31 • Conditions for Approval for Conditional Use Permit No. 2002-18 Conditional Use Permit No. 2002-18 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. A. Planning Division 1. The applicant must comply with all conditions and requirements from the Development Review Committee for the development project (DP No. 2002-25). 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 wireless facility is to be designed to simulate a pine tree. The pine tree structure must conceal the existing and additional antenna arrays. The main body of the tree will be constructed of simulated pine tree bark and branches to conceal the antenna arrays and visually appear as a pine tree. 4. Flowering vines must be installed at 10-foot intervals on the wall, which abuts the Santa Ana River. 5. All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure or underground vault. 6. Provide a trash enclosure for the site. The enclosure should be located near the building and be constructed of the same material. The trash enclosure needs a minimum four-inch concrete slab in front of the enclosure that is at least the same dimension as the trash enclosure. 7. The temporary COW trailer must be screened from public right-of-way • during construction of the tower structure. This structure must be Exhibit "A" Page 1 of 3 • removed no later than six weeks from issuance of building permits for the new structure. Any request for an extension of time must be submitted to the Planning Division for review. 8. The permit applicant recognizes that the frequencies used by the cellular facility located at 1517 North Fairview 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. • 9. 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. 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. 12. 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. • Exhibit "A" Page 2 of 3 • 13. 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. 14. The permit applicant shall provide a coverage and cell site location map for each facility proposed. • u Exhibit "A" Page 3 of 3 • Conditions for Approval Variance No. 2002-10 Variance No. 2002-10 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 variance. 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 variance. A. Planning Division 1. The applicant must comply with all conditions and requirements from the Development Review Committee for the development project (DP No. 2002- 25). 2. Any amendment to this variance must be submitted to the Planning Division • for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. The wireless facility shall not exceed 75 feet in height. 4. Flowering vines must be installed at 10-foot intervals on the wall, which abuts the Santa Ana River. 5. All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure or underground vault. 6. Provide a trash enclosure for the site. The enclosure should be located near the building and be constructed of the same material. The trash enclosure needs a -minimum four-inch concrete slab in front of the enclosure that is at least the same dimension as the trash enclosure. Exhibit "B" Page 1 of 1