HomeMy WebLinkAbout75A - 2810 3/4 SOUTH FLOWER
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MAY 16, 2005
TITLE:
PUBLIC HEARING - CONDITIONAL USE
PERMIT NO. 2004-23 TO ALLOW A 60-
FOOT HIGH WIRELESS COMMUNICATIONS
FACILITY AT 2810~ SOUTH FLOWER
STREET - SPECTRASITE
COMMUNICATIONS, APPLICANT
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CI MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2004-23 as
conditioned.
PLANNING COMMISSION ACTION
On March 28, 2005, the Planning Commission approved Conditional Use
Permit No. 2004-23 as conditioned by a vote of 5:0 (Leo and Lutz absent)
to allow a 60-foot high wireless communications facility in the Open
Space (0) zoning district at 2810~ South Flower Street. The Planning
Commission made no changes to the recommended conditions of approval
outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
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Ste hen G. H lng
Executive Director
Planning & Building Agency
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75A-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
MARCH 28, 2005
TITLE:
PUBLIC HEARING - FILED BY SPECTRASITE
COMMUNICATIONS FOR CONDITIONAL USE PERMIT
NO. 2004-23 TO ALLOW A 60-FOOT HIGH
WIRELESS COMMUNICATIONS FACILITY AT
2810X SOUTH FLOWER STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
D Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Marvin Ellenbecker
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Executive Dir r
~Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2004-23 as
conditioned.
DISCUSSION
Request of Applicant
SpectraSite Communications, Inc., representing Verizon Wireless, is
requesting approval of a conditional use permit to continue operation of
an existing 60-foot tall monopalm cellular facility at Saddleback High
School, 2810% South Flower Street. In addition, The Alaris Group LLC,
representing AT&T Wireless, is requesting approval to co-locate on the
same facility.
Property Description
The property is located within the Open Space (0) zoning district and has
a General Plan land use designation of Institutional (INS) (Exhibit 1).
The property is bounded by residential uses to the north, south and west
and industrial uses to the east (Exhibit 2). The subj ect property is
approximately 36.41 acres in size, rectangular in shape and improved with
school buildings and athletic fields. There is an existing 60-foot tall
wireless facility at this site that was approved under Conditional Use
Permit No. 99-10.
EXHIBIT A
75A-2
Conditional Use Permit No. 2004-23
March 28, 2005
Page 2
Project Description
On July 19, 1999, the City Council approved Conditional Use Permit
No. 99-10 to allow a 60-foot high cellular monopalm at this location
with a condition that the conditional use permit would expire in five
years (July 19, 2004). SpectraSite Communications, Inc. is proposing to
continue the operation of the cellular communications tower for Verizon
Wireless. In addition, The Alaris Group, LLC, representing AT&T
Wireless, is proposing to co-locate on the existing cellular facility.
SpectraSite Communications, Inc. leases 1,500 square feet of ground
space from the Santa Ana Unified School District for the cellular tower.
AT&T Wireless proposes to lease an additional 250 square feet of open
space to construct their equipment cabinets. Santa Ana Unified School
District is in agreement with the wireless facility use and its location
(Exhibi t 3). AT&T Wireless would add three sectors containing two
antennas each to the existing 60-foot cellular facility as part of the
co-location. The antennas will be camouflaged to resemble a Mexican Fan
Palm Tree with a faux "petticoat" or skirt resembling dead palm fronds.
The monopalm is located south and west of existing school buildings,
south of the school athletic fields, and north of the existing Santa Ana
Bike Trail and Southern Pacific Railroad spur. The monopalm is located
in an existing grove of four trees consisting of two Canary Island Pines
and two Mexican Fan Palms (Exhibits 4, 5 and 6) .
Analysis of the Issues
In July 1988, the Planning Commission and City Council adopted an
ordinance that regulated wireless communication facilities throughout the
City. Major wireless facilities are required to have a stealth design and
be located on a building or in an area that provides the greatest amount
of visual screening. These antennas also require the approval of a
conditional use permit. The proposed monopalm will be located behind the
building complex that fronts on Flower Street. In addition, the grove of
existing trees will help screen the wireless facility.
The applicants have explored alternatives to the monopalm structure, such
as locating the cellular facility on the top of an existing building in
the area. Structures in the area, however, are not tall enough to meet
the coverage needs. The existing 60-foot tall facility is needed in order
to improve cellular coverage, increase call capacity and quality. This
facility will provide a benefit to Santa Ana residents, businesses and
motorists who subscribe to Verizon Wireless and AT&T Wireless services by
closing service gaps in the area and providing additional calling
75A-3
Conditional Use Permit No. 2004-23
March 28, 2005
Page 3
capacity. Equipment for the monopalm will be located inside cabinets
within the leased area and will be screened behind a seven-foot wrought
iron fence covered with vines. All additional wiring and conduit will be
underground or hidden in the interior of the trunk of the existing
monopalm. The monopalm complies with the City's Wireless Communications
Facility Ordinance and will provide needed service to the south-central
and southeast sections of the city.
Based upon the above analysis and findings, staff recommends that the
Planning Commission approve Conditional Use Permit No. 2004-23 as
conditioned (Exhibits 7 and 8) .
CEQA Compliance
This project was reviewed in accordance with the California
Environmental Quality Act. The recommendation is exempt from further
review pursuant to Section 15303. This Class 3 exemption allows for the
construction and location of limited numbers of new, small facilities
and structures. Categorical Exemption Environmental Review No. 2004-161
will be filed for this project.
~~~
Marvin Ellenbecker
Landscape Development Associate
---t.A
Vince Fregoso,
Senior Planner
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CUP 04-23
SPECTRA SITE MONOPALM FOR VERIZON AND AT&T
WIRELESS TELECOMMUNICATION FACILITY
2810 3/4 SOUTH FLOWER STREET
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EXHIBIT 1
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SPECTRA SITE MONOPALM FOR VERIZON AND AT&T
WIRELESS TELECOMMUNICATION FACILITY
28103/4 SOUTH FLOWER STREET
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EXHIBIT 2
75A-6
SaJ.lta Ana Unified S,,-hool District
Donald L. Trigg
Associate Superintendent,
Business Senlices
Al Mijares, Ph.D., Superintendent
January 11, 2005
Santa Ana Planning Department
20 Civic Center Plaza, Ross Street Annex
Santa Ana, CA 92701-6322
RE: Site NameINumber: CA-OI04, Art Center
Site Address: 2802 S. Flower Street, Santa Ana, CA
Purpose: Letter for Planning Department
Please be informed, that on the above referenced site, Santa Ana Unified School District
does not oppose the collocation of AT & T on the monopalm at Saddleback High School.
Santa Ana Unified School District does not oppose the renewal of the CUP for the
monopalm at Saddleback High School.
If you need any other information, please do not hesitate to call me at 714 558-5826.
Sincerely,
.~'-- U~i
Donald L. Trigg
Associate Superintendent, Business Services
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xc: Sheila Barnard
1601 East Chestnut Avenue, Santa Ana, CA 92701-6322, (714) 558-5501
BOARD OF EDUCATION
Audrey Yamagata-Noji, Ph.D., President. Rob Richardson, Vice President
Sal Tinajero, Clerk. Rosemarie Avila, Member · John Palacio, Member
7rg1(r:rf 3
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Existing monopalm with
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CUP 04-23
SPECTRA SITE MONOPALM FOR VERIZON AND AT&T
WIRELESS TELECOMMUNICATION FACILITY
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Conditional Use Permit No. 2004-23
March 28, 2005
Page 1 of 2
Findings of Fact
A.
Will the proposed
contribute to the
community?
use provide
general well
a service
being of
or
the
facility which
neighborhood or
will
the
The proposed 50-foot tall cellular monopole will provide a
service to Santa Ana residents, businesses and motorists who
subscribe to Verizon and AT&T wireless services by reducing the
gaps in digital cellular service and providing additional
calling capacity for its users, especially for those users
traveling within the south-central and southeast areas of Santa
Ana.
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.
However, 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 existing monopalm, in conjunction with the grove of trees,
will be compatible with the surrounding area and will not
adversely affect the economic viability in the area as the
monopalm has a design that will give it the look of a palm
tree, with landscaping a maj or tool used in maintaining and
increasing the economic stability of project sites.
D. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The cellular
regulations
Santa Ana
Colocation
facility has been designed to comply with the
and conditions identified in Chapter 41 of the
Municipal Code for a major wireless facility.
of carriers is strongly encouraged when possible.
CUP 04-23
''!r~L"'171
Conditional Use Permit No. 2004-23
March 28, 2005
Page 2 of 2
E. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The monopole, as designed, 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 Institutional (INS) General Plan
designation.
75A-12
MARCH 28, 2005
PAGE 1 OF 3
Conditions for Approval
Conditional Use Permit No. 2004-23 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 applicants must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicants 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 applicants must comply with all conditions and requirements
of the Development Review Committee for the development project
(DP No. 04-055).
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 current grove of Canary Island Pines and Mexican Fan Palms
and vines around the equipment area shall be maintained in good
order over the life of the conditional use permit. In
addition, new vines will be added to the leased equipment area
and be maintained by AT&T.
4. The permit applicants recognize that the frequencies used by
the cellular facility located at 2810% South Flower 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
coordinationn engineering measures to prevent interference,
especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guiden
published by the Association of Public-Safety Communications
7~i~1~
MARCH 28, 2005
PAGE20F3
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.
5 .
At all times,
of Santa Ana
City's 800 MHz
the permit applicant shall not
from having adequate spectrum
radio frequency.
prevent the City
capaci ty on the
6. Before activating its facility, the permit applicants 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.
7.
The permit applicants 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 City of
8. The permit applicants 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.
9. The permit applicants 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.
75A-14
MARCH 28, 2005
PAGE30F3
10. The permit applicants shall provide a coverage and cell site
location map for each existing and proposed facility in Santa
Ana.
11.
The proposed
engineered to
providers.
wireless communication
allow the co-location
structure
of other
must be
service
12. Locate all equipment and related appurtenances (appleton plug
and electric meter) on the inside of the equipment enclosure
or inside the building.
13. This conditional use permit shall expire five years from the
date of approval by the City Council.
75A-15
KO - 4/4/05
RESOLUTION NO. 2005-01
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2004-23 TO ALLOW A 60-FOOT TALL
WIRELESS TELECOMMUNICATIONS FACILITY FOR THE
PROPERTY LOCATED AT 2810 % SOUTH FLOWER
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. 2004-23 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
March 28, 2005.
B. Conditional Use Permit No. 2004-23 has been filed with the City of Santa
Ana seeking to allow a 60-foot tall wireless telecommunications facility for
the property located at 2810 % South Flower Street. The facility will be
co-locatable.
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 monopole will provide a
service to Santa Ana residents, businesses and motorists
who subscribe to Verizon and AT&T wireless services by
reducing the gaps in digital cellular service and providing
additional calling capacity for its users, especially for those
users traveling within the south-central and southeast areas of
Santa Ana.
75A-16
Resolution No. 2005-01
Page 1 of 3
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?
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.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The existing monopalm, in conjunction with the grove of
trees, will be compatible with the surrounding area and will
not adversely affect the economic viability in the area as the
monopalm has a design that will give it the look of a palm
tree, with landscaping a major tool used in maintaining and
increasing the economic stability of project sites.
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 comply with the
regulations and conditions identified in Chapter 41 of the
Santa Ana Municipal Code for a major wireless facility.
Colocation of carriers is strongly encouraged when possible.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The monopole, as designed, 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 Institutional (INS) General Plan
designation.
E. This project was reviewed in accordance with the California Environmental
Quality Act. The recommendation is exempt from further review pursuant
to Section 15303. This Class 3 exemption allows for the construction and
location of limited numbers of new, small facilities and structures.
Categorical Exemption Environmental Review No. 2004-161 will be filed
for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2004-23 as conditioned in Exhibit "A" attached
75A-17
Resolution No. 2005-01
Page 2 of 3
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 March 28, 2005 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 28th day of March , 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner. Mondo. Nalle (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo, Lutz (2)
ABSTENTIONS: Commissioners: None (0)
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. 2005-01 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 28, 2005.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2005-01
Page 3 of 3
75A-18
Conditions for Approval for Conditional Use Permit No. 2004-23
Conditional Use Permit No. 2004-23 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 applicants must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicants 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. Plannina Division
1. The applicants must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No. 04-
055).
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 current grove of Canary Island Pines and Mexican Fan Palms and
vines around the equipment area shall be maintained in good order over the
life of the conditional use permit. In addition, new vines will be added to the
leased equipment area and be maintained by AT&T.
4. The permit applicants recognize that the frequencies used by the cellular
facility located at 2810% South Flower 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
EXHIBIT "A"
Page 1 of 2
75A-19
consideration shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property.
5. At all times, the permit applicant shall not prevent the City of Santa Ana
from having adequate spectrum capacity on the City's 800 MHz radio
frequency.
6. Before activating its facility, the permit applicants 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.
7. The permit applicants 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.
8. The permit applicants 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.
9. The permit applicants 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.
10. The permit applicants shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
11. The proposed wireless communication structure must be engineered to
allow the co-location of other service providers.
12. Locate all equipment and related appurtenances (appleton plug and
electric meter) on the inside of the equipment enclosure or inside the
building.
13. This conditional use permit shall expire five years from the date of
approval by the City Council.
EXHIBIT "A"
Page 2 of 2
75A-20
bk-5/10/05
RESOLUTION NO. 2005-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2004-23 TO ALLOW A 60-FOOT TALL WIRELESS
TELECOMMUNICATIONS FACILITY FOR THE PROPERTY
LOCATED AT 2810 % SOUTH FLOWER STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Conditional Use Permit No. 2004-23 came before the City Council of the
City of Santa Ana for a duly noticed, de novo public hearing on May 16,
2005.
B. Conditional Use Permit No. 2004-23 has been filed with the City of Santa
Ana seeking to allow a 60-foot tall wireless telecommunications facility for
the property located at 2810 % South Flower Street. The facility will be
co-locatable.
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 City Council 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 monopole will provide a
service to Santa Ana residents, businesses and motorists
who subscribe to Verizon and AT&T wireless services by
reducing the gaps in digital cellular service and providing
additional calling capacity for its users, especially for those
users traveling within the south-central and southeast areas 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?
75A-21
Resolution No. 2005-049
Page 1 of 3
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.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The existing monopalm, in conjunction with the grove of
trees, will be compatible with the surrounding area and will
not adversely affect the economic viability in the area as the
monopalm has a design that will give it the look of a palm
tree, with landscaping a major tool used in maintaining and
increasing the economic stability of project sites.
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 comply with the
regulations and conditions identified in Chapter 41 of the
Santa Ana Municipal Code for a major wireless facility.
Colocation of carriers is strongly encouraged when possible.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The monopole, as designed, 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 Institutional (INS) General Plan
designation.
E. This project was reviewed in accordance with the California Environmental
Quality Act. The recommendation is exempt from further review pursuant
to Section 15303. This Class 3 exemption allows for the construction and
location of limited numbers of new, small facilities and structures.
Categorical Exemption Environmental Review No. 2004-161 will be filed
for this project.
Section 2. The City Council after conducting the public hearing hereby approves
Conditional Use Permit No. 2004-23 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 Council
Action dated May 16, 2005 and exhibits attached thereto; and the public testimony, all
of which are incorporated herein by this reference.
75A-22
Resolution No. 2005-049
Page 2 of 3
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
resolution, including but not limited to each and every condition attached hereto, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
resolution. The City Council of the City of Santa Ana hereby declares that it would have
adopted this resolution and each section, subsection, sentence, clause, phrase or portion
thereof, including the conditions hereto, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, portions or conditions be declared
invalid or unconstitutional.
Section 4. This resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
75A-23
Resolution No. 2005-049
Page 3 of 3
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
75A-24
Resolution No. 2005-049
Page 4 of 3
Conditions for Approval for Conditional Use Permit No. 2004-23
Conditional Use Permit No. 2004-23 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 applicants must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicants 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. Plannina Division
1. The applicants must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No. 04-
055).
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 current grove of Canary Island Pines and Mexican Fan Palms and
vines around the equipment area shall be maintained in good order over the
life of the conditional use permit. In addition, new vines will be added to the
leased equipment area and be maintained by AT&T.
4. The permit applicants recognize that the frequencies used by the cellular
facility located at 2810% South Flower 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
EXHIBIT "A"
PfgA~fi5
consideration shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property.
5. At all times, the permit applicant shall not prevent the City of Santa Ana
from having adequate spectrum capacity on the City's 800 MHz radio
frequency.
6. Before activating its facility, the permit applicants 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 andlor change to confirm the intent of
the "frequency planning" process has been met.
7. The permit applicants 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.
8. The permit applicants 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.
9. The permit applicants 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.
10. The permit applicants shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
11. The proposed wireless communication structure must be engineered to
allow the co-location of other service providers.
12. Locate all equipment and related appurtenances (appleton plug and
electric meter) on the inside of the equipment enclosure or inside the
building.
13. This conditional use permit shall expire five years from the date of
approval by the City Council.
EXHIBIT "A"
P~2of2
{ oA-26