HomeMy WebLinkAbout31A - CUP - 3420 S BRISTOL STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 4, 2015
TITLE:
CONDITIONAL USE PERMIT NO. 2015-14
TO ALLOW A 50 -FOOT HIGH WIRELESS
FACILITY FOR VERIZON AT 3420 SOUTH
BRISTOL STREET - VINCULUMS
SERVICES INC., APPLICANT {STRATEGIC
PLAN O. 3, 2
�t2
�. GI ✓Ta of
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1° Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2015 -14 as conditioned.
PLANNING COMMISSION ACTION
At its regular meeting on July 13, 2015 by a vote of 7:0, the Planning Commission adopted a
resolution approving Conditional Use Permit No. 2015 -14 as conditioned to allow a 50 -foot high
wireless communication tower stealthed as a monopine and equipment facility at 3420 South
Bristol Street located in the Planned Shopping Center (C4) zoning district. The Planning
Commission made no changes to the recommendation outlined in the attached staff report
(Exhibit A).
DISCUSSION
The proposal is to construct a 50 -foot high Verizon Wireless facility disguised as a pine tree.
The proposed monopine is to be constructed on a 0.87 -acre parcel of land located on Bristol
Street, north of MacArthur Boulevard. The subject property is occupied by the China Garden
Restaurant, and is a part of a larger integrated commercial development. The facility is intended
to provide increased cellular coverage and call capacity in this area of the city. Full sized plans
are available for public viewing in the Clerk of the Council Office
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objective No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
31A-1
Conditional Use Permit No. 2015 -14
August 4, 2015
Page 2
There is no fiscal impact associated with this action.
weav(
assan Hai ani, ICP
Executive Director
Planning & Building Agency
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Exhibit: A. Planning Commission Staff Report
31A-2
REQUEST
PLANNING COMMISSION MEETING DATE:
JULY 13, 2015
TITLE:
PUBLIC HEARING - FILED BY VINCULUMS
SERVICES INC. FOR CONDITIONAL USE
PERMIT NO, 2015 -14 TO ALLOW A 50 -FOOT
HIGH WIRELESS FACILITY FOR VERIZON
AT 3420 SOUTH BRISTOL STREET
{STRATEGIC PLAN NO. 3,2)
Prepared by Melanie G. McCann
PLANNING COMMISSION SECRETARY
APPROVED
• As Recommended
• As Amended
• Set Public Hearing For
DENIED
• Applicant's Request
• Staff Recommendation
CONTINUED TO
eWl Director Acting P��ing My�hager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2015 -14 as conditioned.
Request of Applicant
Vinculums Services Inc., representing Verizon Wireless, is requesting approval of a 50 -foot high
wireless facility disguised as a pine tree at 3420 South Bristol Street. Major wireless
communication facilities require approval of a conditional use permit pursuant to Section 41-
198.3(b) of the Santa Ana Municipal Code (SAMC).
Project Location and Site Description
The project site consists of a 39,996 square foot parcel that is part of a larger integrated
commercial development. Located on Bristol Street, north of MacArthur Boulevard, the subject
property is adjacent to commercial and retail businesses to the north, south and east. Multiple
family residential developments are located to the west of the project site (Exhibits 1, 2 and 3).
The site is Currently improved with a 6,274 square foot eating establishment occupied by the China
Garden Restaurant.
Proiect Description
Verizon is proposing to construct a 50 -foot high wireless facility disguised as a pine tree. This facility
is intended to provide increased cellular coverage and call capacity in this area of the City. To give
the facility the appearance of a natural tree, the tower has been designed to have branches that will
extend seven feet above the antennas to a maximum height of 50 feet. Equipment for the wireless
facility will be installed within an equipment enclosure that measures approximately 22 -feet by 20 -feet
for a total of 440 square feet. This proposed equipment enclosure will contain one stand -by
generator, two equipment cabinets, two battery cabinets, and two GPS antennas. The enclosure will
be located west of the existing restaurant building with the monopole itself surrounded by the concrete
masonry block wall equipment enclosure, and a two -foot landscape planter at the base.
EXHIBIT A
31A-3
CUP No. 2015 -14
July 13, 2015
Page 2
The applicant proposes to add two 36 -inch box pine trees to assist with the stealthing of the
monopole. One tree will be located in the new planter adjacent to the facility and the second tree
within an existing planter in the middle of the parking lot (Exhibits 4, 5 and 6). In addition to the
monopole and equipment enclosure, the applicant proposes to provide site improvements including
the repair and re -slurry the site parking area and a new trash enclosure to meet City standards.
The proposed Monopine wireless facility will contain three sectors. Each sector will contain four
eighth -foot Panel Antennas, as well as four Remote Radio Units (RRU) mounted behind the proposed
antennas. With four panel antennas on each side, there will be a total of 12 panel antennas and 12
RRU's.
W.
In August 2014, plans were submitted on behalf of Verizon Wireless to install a new wireless
facility at this location. After a review of the proposal, staff recommended the applicant pursue
alternative locations and /or reduce the height of the monopole from 60 feet to 50 feet. This
request was based on Bristol Street's designation in the City's General Plan Scenic Corridor
Element as a Secondary Scenic Corridor. The reduction in height is intended to mitigate the visual
impact from both the scenic corridor and nearby residential properties.
The site was developed in 1977 and is presently owned by MCG MacArthur Corner LLC. City
records show the existing restaurant use has operated at this location since 2001. The property
owners will be leasing a 488 square foot area at the north section of the site to Verizon for the
Installation of the monopole and equipment enclosure.
General Plan and Zonina Consistency
The General Plan land use designation for the site is District Center (DC), which allows higher
intensity mixed use and residential development with a maximum floor area ration of 1.0. Uses such
as wireless facilities are consistent with this General Plan land use designation. Per the General
Plan Scenic Corridor Element, Bristol Street is designated as a Secondary Scenic Corridor and is
intended to preserve scale and aesthetics along the corridor to limit obtrusive land uses.
The zoning for the site is Planned Shopping Center (C -4), which allows for a variety of commercial
and service uses to serve the community. The existing restaurant use of the property is a
conforming use, and the proposed wireless communication facility is consistent with the zoning
designation.
31A-4
CUP No. 2015 -14
July 13, 2015
Page 3
Project Analvsls
In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for
wireless communication facilities throughout the City. Major wireless communication facilities such
as the proposed Verizon facility are required to have a stealth design and be located in an area that
provides the greatest amount of visual screening. Further, these major facilities require the approval
of a conditional use permit. Further, Section 41 -198.4 of the Santa Ana Municipal Code (SAMC)
identifies several site improvements that may be required at sites with major wireless facilities.
These improvements include:
1. Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree;
2. Decorative fencing (wrought iron or block) around the facility;
3. A six -foot high solid wall between the facility and property zoned or used for residential;
4. One parking space, if on -site parking is not available;
5. Repairing, repaving and restriping of a parking lot which is in poor condition;
6. The repainting of buildings on a site; and
7. The construction of a new trash enclosure.
As part of the development review portion of the project, staff worked with the applicant to identify
improvements to be required in tandem with the proposed monopole and equipment enclosure.
These improvements reflect the requirement to screen the facility from view, to provide enhanced
landscaping through the planting of a new tree and vines, to deter graffiti through the planting and
maintenance of landscaping materials, to enhance the site parking surfaces, and to minimize the
project's overall impacts on the surrounding community.
Conditional use permits are governed by Section 41 -638 of the SAMC. Conditional use permits may
be granted when it can be shown that the following can be established:
• That the proposed use will provide a service or facility which will contribute to the general well
being of the neighborhood or community.
• That the proposed use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity.
• That the proposed use will not adversely affect the present economic stability or future economic
development of properties surrounding the area.
• That the proposed use will comply with the regulations and conditions specified in Chapter 41 for
such use.
• That the proposed use will not adversely affect the General Plan of the city or any specific plan
applicable to the area of the proposed use.
31A-5
CUP No. 2015 -14
July 13, 2015
Page 4
If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely,
the inability to make these findings would result in a denial. Using this information staff has prepared
the following analysis, which, in turn forms the basis for the recommendation contained in this report.
In analyzing the conditional use permit request, staff believes that the following findings of fact
warrant approval of the conditional use permit.
Section 41- 198.5(b) of the SAMC establishes site selection order of preference criteria for wireless
facilities. These provisions require the exploration of various options before proposing a new
monopole. The applicant has explored alternatives to this monopole, including providing a roof
mounted facility on an existing building in the area and co- locating on another facility. The heights of
the buildings (predominantly one -story) in the immediate area do not provide the necessary height to
provide adequate service. Also, there are no wireless facilities close enough to provide the necessary
coverage and capacity that Verizon requires.
The project will provide a service or facility which will contribute to the community. The proposed
monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe
to Verizon's services by reducing the gaps in cellular service and providing additional calling
capacity for its users in the southern sector of Santa Ana.
• The proposed wireless facility at this location will not be detrimental to persons residing or working
in the area as the proposed facility will be in compliance with Federal law that govern health
related issues for wireless facilities, including safety regulations from the Federal
Communications Commission (FCC) and Federal Aviation Administration (FAA).
• The proposed monopole, in conjunction with the new live pine trees and site improvements, will
be compatible with the surrounding area and will not adversely affect the economic viability in the
area. The stealth appearance and site enhancements will maintain and increase the economic
stability for development by providing an additional service for business owners, workers, and
residents in the area.
• The use will comply with all provisions pertaining to the construction and installation of wireless
facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed
facility will be stealthed as a pine tree, will feature new and enhanced landscaping, will provide
screening from adjacent uses, and will comply with other standards outlined in the SAMC.
• The proposed monopole 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 Land Use Element. Goal 1 promotes a balance of land uses to address
community needs, which includes means of communication that will be served by the proposed
monopole. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity
31A-6
CUP No. 2015 -14
July 13, 2015
Page 5
as well as mitigation of developments' impacts. The proposed monopole is designed to minimize
visual impact on the area through additional landscaping and the stealthing of the monopole at the
project site. Further, Policy 2.2 encourages land uses that accommodate the City's needs for
services. Enhancing a cell phone provider's coverage in the area enhances services that are
readily available for business owners, workers, and residents in the immediate vicinity.
A facility disguised as a pine tree would provide the best stealth possible for this location, The facility
is located within a commercial district and will be installed toward the north of the site, approximately
152 feet away existing residential uses. There is a mixture of tree species including pine trees
located adjacent to Bristol Street and on the adjacent multiple family residential site. Thus, the pine
tree design will blend into the area and has been designed to minimize visual impacts to adjacent
residence and travelers along the Bristol Street scenic corridor. All associated wiring and conduit for
the facility will be underground or hidden within the interior of the monopole.
This location is also optimal to provide the coverage necessary for existing and expanding service.
The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and
motorists who subscribe to Verizon by closing service gaps and providing enhanced cellular service in
the area. Equipment for the facility will be located within a new enclosure behind the restaurant
building, with vines planted on the block wails to assist in screening the wireless facility on the site.
The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance
and will provide needed service to this area of the City. Further, the project is consistent with the
goals and objectives of the General Plan that safeguard residents and workers in the area while
encouraging land uses that accommodate the City's needs for services.
Public Notification
The project site is located south of the Republic Homes Neighborhood Association boundaries and
east of South Coast Neighborhood Association. However, staff contacted the presidents of these
neighborhood associations to ensure that they were notified of this project and to identify any
areas of concern. The presidents did not identify any concerns with the project. The project site
was posted with a notice advertising this public hearing, a notice was published in the Orange
County Reporter and notices were sent to all property owners and occupants within 500 feet of the
project site. At the time of this printing, no correspondence, either written or electronic, had been
received from any members of the public,
CEQA Compliance
This project was reviewed in accordance with the Guidelines for the California Environmental
Quality Act. The project 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; the installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to another.
31A-7
CUP No. 2015 -14
July 13, 2015
Page 6
The wireless facility is a new, small facility that has been found by the City's development review
agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result,
Categorical Exemption Environmental Review No. 2015 -34 will be filed for this project.
Strategic Plan Alicinment
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective
No. 2 (create new opportunities for business /job growth and encourage private development through
new General Plan and Zoning Ordinance policies).
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2015 -14 as conditioned.
Melanie G. McCann, AICP
Associate Planner
MM:jm
Attachments:
Exhibit 1 - Vicinity Map
Exhibit 2 - Location Map
Exhibit 3 - Site Photo
Exhibit 4 - Site Plan
Exhibit 5 - Elevations
Exhibit 6 - Photo Simulations
31A-8
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LS 7.6.15
RESOLUTION NO. 2015 -23
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2015 -14 TO ALLOW A 50 -FOOT HIGH
WIRELESS FACILITY ON THE PROPERTY LOCATED AT
3420 SOUTH BRISTOL 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. Conditional Use Permit No. 2015 -14 was filed with the City of Santa Ana
seeking to allow a 50 -foot high wireless facility disguised as a pine tree on
the property located at 3420 South Bristol Street.
B. Pursuant to Santa Ana Municipal Code Sections 41 -198.3 and 41- 198.10,
a Conditional Use Permit is required for major wireless communication
facilities established in the City of Santa Ana.
C. Conditional Use Permit No. 2015 -14 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
July 13, 2015.
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 the
community?
The project will provide a service or facility which will
contribute to the community. The proposed monopole will
provide a service to Santa Ana residents, businesses and
motorists who subscribe to Verizon's services by reducing the
gaps in cellular service and providing additional calling
capacity for its users in the southern 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?
Resolution No. 2015 -23
Page 1 of 6
31A -18
The proposed wireless facility at this location will not be
detrimental to persons residing or working in the area as the
proposed facility will be in compliance with Federal laws that
govern health related issues for wireless facilities, including
safety regulations from the Federal Communications
Commission (FCC) and Federal Aviation Administration
(FAA).
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The proposed monopole, in conjunction with the new live pine
trees and site improvements, will be compatible with the
surrounding area and will not adversely affect the economic
viability in the area. The stealth appearance and site
enhancements will maintain and increase the economic
stability for development by providing an additional service for
business owners, workers, and residents in the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The use will comply with all provisions pertaining to the
construction and installation of wireless facilities identified in
Chapter 41 (Zoning Code) of the Santa Ana Municipal Code.
The proposed facility will be stealthed as a pine tree, featuring
new landscaping, provide upgrades to the parking lot and
trash enclosure for the existing restaurant operation, and will
comply with other standards outlined in the Santa Ana
Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2015 -23
Page 2 of 6
The proposed monopole 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 Land Use Element. Goal 1
promotes a balance of land uses to address community
needs, which includes means of communication that will be
served by the proposed monopole. In addition, Goals 3 and 5
require preservation of neighborhood character and integrity
as well as mitigation of developments' impacts. The
proposed monopole is designed to minimize visual impact on
the area and provide site improvements to assist with the
aesthetics and maintenance of the project site. Further, Policy
2.2 encourages land uses that accommodate the City's needs
31A -19
for services. Enhancing a cell phone provider's coverage in
the area enhances services that are readily available for
business owners, workers, and residents in the immediate
vicinity.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The project 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; the installation of small new equipment and
facilities in small structures; and the conversion of existing small structures
from one use to another. The wireless facility is a new, small facility that
has been found by the City's development review agencies to not create
any adverse impacts such as noise, traffic, or safety concerns. As a
result, categorical Exemption Environmental Review No. 2015 -34 will be
filed for this project.
Section 2. The Planning Commission, after conducting the public hearing,
hereby approves Conditional Use Permit No. 2015 -14 as conditioned in Exhibit "A"
attached hereto and incorporated herein. This decision is based upon the evidence
submitted at said public hearing, which includes, but is not limited to: the Request for
Planning Commission Action dated July 13, 2015, and exhibits attached thereto; and
the public testimony, all of which are incorporated herein by this reference.
Resolution No. 2015 -23
Page 3 of 6
31A-20
. ADOPTED this 13th day of July, 2015 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
James Gartner
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
[ y�: i11�[ �7drL�i] y: ��l��� :��[�7►I:1►1Zi7;1[eIRG1��i1
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2015 -23 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on July 13, 2015.
Date:
Resolution No. 2015 -23
Page 4 of 6
Planning Commission Secretary
City of Santa Ana
31A-21
trNal 11 .1111 W-11
Conditions for Approval for Conditional Use Permit No. 2015 -14
Conditional Use Permit No. 2015 -14 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.
A. Planning Division
1. The applicant must comply with all conditions and requirements of the Development
Review Committee for the development project (DP No. 2014 -34).
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 monopole shall be constructed as per approved plans and any existing
landscaping shall be protected in place during the construction period for the 50 -foot
wireless facility.
4. The proposed monopole shall be constructed per the following specifications:
a. The monopine facility 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.
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 a sweep similar to that of an actual Pine Tree.
g. Branch foliage color should be an olive or forest green with some other
appropriate coloring to match an actual Pine Tree. A sample shall be submitted
for approval prior to fabrication.
h. Full bark cladding with a custom color should be submitted for approval prior to
fabrication.
Resolution No. 2015 -23
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31A-22
i. All antennas shall be covered with "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 or 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 ". Shrouds on the outside of the pole
are not acceptable.
o. All exterior conduit and electrical meters shall be installed and screened in one
metal enclosure painted to match the structure.
5. 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.
6. 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
the City's designated representative upon activation of the facility.
7. 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.
8. Locate all equipment and related appurtenances (appleton plug and electric meter)
on the inside of the existing equipment enclosure or inside the building and
underground all electrical power from the utility source as shown on the approved site
plan.
9. Conditional Use Permit No. 2015 -14 expires 10 years from the date of City Council
approval.
Resolution No. 2015 -23
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