HomeMy WebLinkAbout31B - 3308 W. WARNER AVE.
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
FEBRUARY 7, 2005
TITLE:
CONDITIONAL USE PERMIT NO. 2004-33
TO ALLOW A 60-FOOT HIGH WIRELESS
COMMUNICATION FACILITY AT 3308
WEST WARNER AVENUE - CINGULAR
¥WIRELESS~~~
CITY MANAGER
APPROVED
0 As Recommended
0 As Amended
0 Ordinance on 1st Reading
0 Ordinance on 2nd Reading
0 Implementing Resolution
0 Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2004-33 as conditioned.
PLANNING COMMISSION ACTION
On January 10, 2005, the Planning Commission adopted a resolution
approving Conditional Use Permit No. 2004-33 as conditioned by a vote of
5:1 (Cribb opposing) to allow a 60-foot tall major wireless communication
facility at 3308 West Warner Avenue (Exhibit A). The Planning Commission
approved the item as conditioned with the exception of the proposed light
fixture.
FISCAL IMPACT
There is no fiscal impact associated with this action.
s1fk6?f:i~ng
Executive Director
Planning & Building
Agency
VC:rb
vc\reports\cup04-33.cc
31 B-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
JANUARY 10, 2005
TITLE:
PUBLIC HEARING - CONDITIONAL USE PERMIT
NO. 2004-33 FILED BY CINGULAR WIRELESS
TO ALLOW A 60-FOOT HIGH WIRELESS
COMMUNICATION FACILITY AT 3308 WEST
WARNER AVENUE
APPROVED
0 As Recommended
0 As Amended
0 Set Public Hearing For
DENIED
0 Applicant's Request
0 Staff Recommendation
CONTINUED TO
Prepared by Verny Carvaj al
..fP~. 7'1
Executive (rector
~
Plan'ñíríg Manager
RECOMMENDED ACTION
Adopt a resolution
conditioned.
approving
Conditional
Use
Permit
No.
2004-33
as
DISCUSSION
Request of Applicant
MMI Titan, Inc., on behalf of Cingular Wireless, is requesting approval
of Conditional Use Permit No. 2004-33 in order to allow a 60-foot tall
major wireless communication facility to be located at 3308 West Warner
Avenue. Section 41-198.3(b) of the Santa Ana Municipal Code (SAMC)
requires a conditional use permit for major wireless facilities.
Property Description
The property is approximately 1.53 acres in size and is located on the
south side of Warner Avenue between Susan Street and the Union Pacific
Railroad line. The site is located within the Light Industrial (M1)
zoning district with a corresponding General Plan land use designation of
Industrial (IND) (Exhibits 1 and 2). The property consists of one
existing 20,000 square foot industrial warehouse building and one inactive
104-foot high major wireless facility and associated equipment (Exhibit
3) .
Project Description
Cingular Wireless proposes to lease approximately 175 square feet of area
towards the rear of the property along the westerly property line and
immediately adj acent to the railroad right -of -way. The proposed maj or
EXHIBIT A
31 B-2
Conditional Use Permit No. 2004-33
January 10, 2005
Page 2
wireless telecommunication facility involves a major modification of the
existing facility. Specifically, the existing pole will be reduced by 40
feet and will no longer utilize the existing antenna array. As an
alternative, the pole will consist of three antenna panels concealed
within a transparent cylindrical sleeve and will have the appearance of a
light standard.
Additionally, the existing 14-foot tall equipment enclosure will be
utilized to house the house equipment cabinets and associated equipment
(Exhibits 4 and 5) .
Analysis of the Issues
Pursuant to Section 41-198.4 and 41-198.5 of the Santa Ana Municipal Code
(SAMC) , which was adopted in July of 1998, two review criteria are used in
analyzing major wireless communication facilities. The first criterion,
site improvements, involves landscaping around the facility, installation
of decorative fencing and the construction of a solid wall adjacent to any
residential use. Cingular's seven equipment cabinets will be located on a
concrete pad within an existing equipment shelter adjacent to the proposed
slim-line pole with a 14-foot high block enclosure to surround the
equipment area. The proposal also involves the installation of five
shrubs at the base of the existing pole. There is an existing six-foot
high chain link fence between the existing equipment and the southern wall
of the existing building that will be replaced with a six-foot high CMU
wall in order to screen the rear of the building. No additional block
wall is proposed since residential uses are not found in the immediate
area. Excess parking is available immediately adjacent to the facility,
which allows for ease of service to the equipment and structure.
The other component in reviewing major wireless facilities is
development criteria, such as screening and site selection. Screening
criteria requires a monopole facility to blend into the surrounding
environment or stealth, while site selection encourages cellular
providers to explore options such as roof-mounted facilities prior to
opting for a freestanding facility. The applicant has complied with the
screening criteria, as the proposed service will consist of a stealth
light standard. This structure will blend in with the existing
industrial developments and add additional security lighting to the
building's surroundings. The applicant has explored other avenues in
addition to a monopole structure, such as co-locating cellular service
on the nearby monopole. Since the existing 104-foot high monopole is no
31 B-3
Conditional Use Permit No. 2004-33
January 10, 2005
Page 3
longer in compliance with the wireless ordinance, the applicant has
decided to re-use the existing site and alter the existing pole to
comply with current code. Additionally, the applicant has provided
coverage maps and technical reports to justify the need for a 60-foot
tall facility as the intent of the pole is to improve caller coverage
and increase call capacity.
The proposed stealth wireless facility will benefit the immediate
community by assisting in closing service gaps and providing additional
calling capacity for Cingular Wireless in order to offer high quality
coverage to residents and businesses in the City of Santa Ana. Further,
the proposed cellular facility has been designed to be in complete
compliance with the Wireless Communications Facility Ordinance and to
mitigate adverse impacts that may be associated with a 60-foot high
slim-line monopole. As a result, it is recommended that the Planning
Commission approve Conditional Use Permit No. 2004-33 as conditioned
(Exhibits 6 and 7) .
CEQA Compliance
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.
~ .
~~-
Verny Carvajal
Associate Planner
U0
Vince Fregos
Senior Planner
VC:JM
vc\reports\cup04-33.pc
318-4
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31 B-7
EXIST. METRICOM PANELT
ANTENNAS,(INACTlVE)
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EXISTING MONOPOLE TO BE
MODIFIED TO ACCOMMODATE
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PROPOSED FRP ANTENNA
RADOME, PAINTED TO
MATCH EXIST. POLE
EXIST. EQUIPMENT SHELTER
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BE REMOVED AND REPLACE WITH
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PER STRUCTURAL
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AS REQUIRED
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PER ELECTRICAL
ELE. 30.00'
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PROPOSED A/C UNIT
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Project Name:
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Santa Ana
3308 Warner Ave. Santa Ana, CA 92704
CUP1»4-A -
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Prepared for:
^ cingular
LAX-SC-139-0 I-P3
Conditional Use Permit
January 10, 2005
Page 1 of 2
No. 2004-33
Findings of Fact
A.
Will the proposed use provide
contribute to the general well
community?
a service
being of
or facility which will
the neighborhood or the
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 maj or arterial, and in the surrounding industrial
areas.
B.
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.
The proposed facility will be in compliance with both the
Federal Communications Commission (FCC) and Federal Aviation
Administration (FAA) safety regulations.
C.
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.
D.
Will the proposed use comply with the
specified in Chapter 41 for such use?
regulations and conditions
The cellular facility has been designed to be in compliance
with the regulations and conditions identified in Chapter 41
for a major wireless facility.
CUP 04-33
1f~1f Ð
Conditional Use Permit No. 2004-33
January 10, 2005
Page 2 of 2
E.
Will the proposed use adversely
specific plan of the City?
affect
the
General
Plan or
any
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.
318-11
JANUARY 10, 2005
PAGE 1 OF2
Conditions for Approval
Conditional Use Permit No. 2004-33 is approved subject to
the reasonable satisfaction of the Planning Manager, with
sections of the Santa Ana Municipal Code, the California
Code, the Uniform Fire Code, the Uniform Building Code
applicable regulations.
compliance, to
all applicable
Administrative
and all other
The applicant must comply in full with each and every condition listed
below prior 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. 03-24).
2.
Any amendment to this conditional use
to the Planning Division for review.
determine if administrative relief
conditional use permit must be amended.
permit must be submitted
At this time, staff will
is available or the
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
CUP 04-33
3'~~172
JANUARY 10,2005
PAGE20F2
8 .
9.
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.
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
which interference problems may be reported.
will also apply to all existing facilities
Santa Ana.
phone number to
This condition
in the Ci ty of
7.
The permit applicant will provide a "single point of contact"
in its Engineering and Maintenance Departments to insure
continui ty 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.
The permit applicant shall insure that lessee
shall comply with the terms and conditions of
shall be responsible for the failure of any
users under the control of permit applicant to
or other user(s)
this permit, and
lessee or other
comply.
The permit applicant shall provide a coverage and cell
location map for each facility proposed.
site
318-13
KO -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.
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.
B.
C.
Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional
Use Permit is required for major wireless facilities.
Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
D.
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?
31 8-14
Resolution No. 2005-03
Page 1 of 3
2.
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.
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.
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.
318-15
Resolution No. 2005-03
Page 2 of 3
ADOPTED this 10th day of January, 2005 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Commissioners:
Commissioners:
De La Torre, Leo, Lutz, Mondo, Nalle (5)
Cribb (1)
None (0)
None (0)
Commissioners:
Commissioners:
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City 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:
Planning Commission Secretary
City of Santa Ana
318-16
Resolution No. 2005-03
Page 3 of 3
Conditions for ADDroval for Conditional Use Perm~
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 prior 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.
4.
Plannina 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.
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"
pa~e11~f_217
9.
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 e-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.
The permit applicant shall provide a coverage and cell site location map
for each facility proposed.
EXHIBIT "A"
Paje 2 of 2
~1 8-18