HomeMy WebLinkAbout31A - 2700 3/4 SOUTH FAIRVIEW
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
SEPTEMBER 5, 2006
TITLE:
CONDITIONAL USE PERMIT NO. 2006-09
TO CONSTRUCT A 60-FOOT HIGH
CELLULAR ANTENNA FOR SPRINT PCS/
NEXTEL AT 2700% SOUTH FAIRVIEW
iTREET ~a:~ APPLICANT
ITY MANAGER
APPROVED
D As Recommended
D As Amended
D Ordinance on 151 Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2006-09 as conditioned.
PLANNING COMMISSION ACTION
On August 14, 2006, the Planning Commission approved Conditional Use
Permit No. 2006-09 as conditioned by a vote of 7:0 to construct a 60-foot
tall cellular antenna in the Light Industrial (M-1) zoning district at
2700% South Fairview 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.
~Vino
E cutlve Dlrector
Planning & Building Agency
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31A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
AUGUST 14, 2006
TITLE:
PUBLIC HEARING - FILED BY ALCOA WIRELESS
FOR CONDITIONAL USE PERMIT NO. 2006-09 TO
CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA
FOR SPRINT PCS/NEXTEL AT 2700* SOUTH
FAIRVIEW STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Marvin Ellenbecker
~
Executive Director
-~~~
Planning anager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2006-09 as
conditioned.
DISCUSSION
Request of Applicant
Alcoa Wireless, representing Sprint PCS/Nextel, is requesting approval
of a conditional use permit to construct a 60-foot tall cellular antenna
at 2700% South Fairview Street.
Property Description
The property is located within the Light Industrial (M-1) zoning district
and has a General Plan land use designation of Industrial (IND)
(Exhibit 1). The property is bounded by industrial uses to the north,
south, and west and multi-family residential to the east (Exhibit 2). The
subject property is owned by Barclay Associates and is approximately 6.5
acres in size, rectangular in shape and improved with a tilt-up industrial
building.
Project Description
Sprint PCS/Nextel is proposing to lease 774 square feet of space at the
south west edge of the parking area at an industrial site for a 60-foot
wireless facility and equipment cabinets (Exhibits 3 and 4) .
EXHIBIT A
31A-2
Conditional Use Permit No. 2006-09
August 14, 2006
Page 2
The proposed wireless facility will include 12 panel antennas in three
sectors camouflaged as a Canary Island Pine Tree (Exhibits 5 and 6). The
equipment cabinets will be enclosed by a six-foot high wrought iron fence
with the same exterior finishes as the industrial building and be screened
with shrubs and vines (Exhibit 7). The wireless facility will be located
near mature trees with two 24-inch box size Canary Island Pines (Pinus
canariensis) added to the grove of trees (Exhibit 8). The leased site is
560 feet to the west of Fairview Street at the southwest edge of the
property and abuts the Greenville Banning Flood Control Channel.
Analysis of the Issues
In July 1998, the Planning Commission and City Council adopted an
ordinance that regulates 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 and requires the approval of a conditional use permit.
The proposed wireless facility is located within an enclosed leased area
and the equipment cabinets are screened by new landscaping. The site is
located near mature trees and is at the furthermost edge of the property,
approximately 560 feet from Fairview Street. The proposed monopine is
designed to allow for future co-location by another provider.
The applicant has explored alternatives to the monopine structure, such as
locating the cellular antenna on the roof of an existing building in the
area. Structures in the area, however, are not tall enough to meet the
coverage needs of Sprint PCS/Nextel. A 60-foot tall facility is needed in
order to improve cellular coverage and increase call capacity and quality.
The proposed cellular antenna will provide a benefit to Santa Ana
residents, businesses and motorists who subscribe to Sprint PCS/Nextel by
closing service gaps in the area and providing additional calling
capacity. Equipment for the monopine will be located in metal cabinets
within the leased area. All wiring and conduit will be underground or
hidden in the interior of the monopole. The proposed wireless facility
complies with the City's Wireless Communications Facility Ordinance and
will provide needed service to the southwest section of the City.
Based upon the above
Planning Commission
conditioned.
analysis and findings, staff recommends that
approve Conditional Use Permit No. 2006-09
the
as
31A-3
Conditional Use Permit No. 2006-09
August 14, 2006
Page 3
CEQA Compliance
This proj ect was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation 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. Categorical Exemption
Environmental Review No. 2005-157 will be filed for this project.
~~~
Marvin Ellenbecker
Landscape Development Associate
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Site: CA 7069G, The Alamo
2700 S. Fairview St., Santa Ana, CA
View looking South
CUP 06-9
3~~~2
KO- 8/10/06
RESOLUTION NO. 2006-023
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2006-09 TO ALLOW A 60-FOOT
WIRELESS TELECOMMUNICATIONS FACILITY FOR THE
PROPERTY AT 2700% SOUTH FAIRVIEW STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Conditional Use Permit No. 2006-09 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
August 21, 2006.
B. Conditional Use Permit No. 2006-09 has been filed with the City of Santa
Ana seeking to allow a 60-foot high cellular antenna for the property
located at 2700% South Fairview Street.
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 monopine will provide a
service to Santa Ana residents, businesses and motorists
who subscribe to Sprint PCS/Nextel wireless service by
reducing the gaps in digital cellular service and providing
additional calling capacity for its users, especially for those
users traveling within the southwest 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?
31A-13
Resolution No. 2006-023
Page 1 of 7
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 proposed monopine, in conjunction with the existing
landscaping, will be compatible with the surrounding area
and will not adversely affect the economic viability in the
area. The stealth appearance will be the major solution to
maintaining and increasing the economic stability for this
industrial area.
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.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed mono pine facility 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 Industrial (IND) General
Plan designation.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation 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. Categorical Exemption
Environmental Review No. 2005-157 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2006-09 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 is not limited to: the Request for Planning
Commission Action dated August 21, 2006 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
31A-14
Resolution No. 2006-023
Page 2 of 7
ADOPTED this 14th day of August, 2006 by the following vote:
AYES: Commissioners: Benavides, Betancourt, Cribb, De La Torre,
Gartner, Leo, Lutz (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee 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. 2006-023 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on August 14, 2006.
Date:
Planning Commission Secretary
City of Santa Ana
31A-15
Resolution No. 2006-023
Page 3 of 7
Conditions for Approval for Conditional Use Permit No. 2006-09
Conditional Use Permit No. 2006-09 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. Plannina Division
1. The applicant must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No. 05-
54).
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 monopine shall be constructed as per approved plans and
the existing landscaping shall be protected in place during the construction
period for the 60-foot monopine facility.
4. Two 24-inch box Canary Island Pine trees (Pinus canariensis) shall be
planted in the leased area along with shrubs and vines per the attached
landscape plan (Attachment A).
5. The proposed monopine shall be constructed per the following
specifications:
a. The monopine 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.
Exhibit A
31A-16
Resolution No. 2006-023
Page 4 of 7
f. Branches should have an upward sweep similar to that of actual
Canary Island Pines.
g. Branch foliage color should be an olive green with some brown
"needles" to match an actual Canary Island Pine. A sample should
be submitted for approval prior to fabrication.
h. Full bark cladding with a custom color should be submitted for
approval prior to fabrication.
i. All antennas shall be covered with "pine antenna socks" that match
the approved foliage color.
6. The permit applicant recognizes that the frequencies used by the cellular
facility located at 2700% South Fairview Street are extremely close to the
frequencies used by the City of Santa Ana for Public Safety. This
proximity will require extraordinary "comprehensive advanced planning
and frequency coordination" engineering measures to prevent
interference, especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guide" published by
the Association of Public-Safety Communications Officials-International,
Incorporated (APCO), and as endorsed by the Federal Communications
Commission (FCC). Prior to the issuance of any permits to install the
facility, (permit applicant) shall meet in good faith to coordinate the use of
frequencies and equipment with the Communications Division of the
Orange County Sheriff-Coroner Department to minimize, to the greatest
extent possible, any interference with the Public Safety 800 MHz
Countywide Coordinated Communications System (CCCS). Similar
consideration shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property.
7. 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.
8. 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.
9. 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.
10. The permit applicant will provide a "single point of contact" in its
Engineering and Maintenance Departments to insure continuity on all
31A-17
Resolution No. 2006-023
Page 5 of 7
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.
11. 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.
12. The permit applicant shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
13. The proposed wireless communication structure must be engineered to
allow the co-location of other service providers.
14. Locate all equipment and related appurtenances (appleton plug and
electric meter) on the inside of the equipment enclosure or inside the
building and underground all electrical power from the utility source shown
on the approved site plan.
15. Conditional Use Permit No. 2006-09 expires five years from the date of
City Council approval.
31A-18
Resolution No. 2006-023
Page 6 of 7
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA. COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd, Santa Ana, California 92702.
Jacob Finney
Alcoa Wireless Network Services, Inc.
167 Technology Drive
Irvine, CA 92618
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMI REZ
Resolution No. 2006-023
Page 7 of 7
31A-19
31A-20