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HomeMy WebLinkAbout2005-049 Not Adopted DATE, C,!tjLO>'.)~ np-r\:,~ . l\ nU \\ I ~ 7 ~o~ ~ '. ",' .' ClL ... OF TH COu,JCfl Wi 1\ I\ue~ll ndGC-; (\,J K~ bk-5/10/05 LUTION 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 50-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? Resolution No. 2005-049 Page 1 016 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. 2 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 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2005-049 Page 3 016 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-049 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 4 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. PlanninQ 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 28100/. 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 "An Page 1 of2 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. 2