HomeMy WebLinkAbout31A - 730 3/4 S EUCLIDREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2007
TITLE:
CONDITIONAL USE PERMIT NO. 2007-10
TO CONSTRUCT A 60-FOOT WIRELESS
FACILITY AT ST. BARBARA PARISH AT
730% SOUTH EUCLID STREET -
TRILLIUM COTISULTING, APPLICANT
MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s~ Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2007-10 as conditioned.
PLANNING COMMISSION ACTION
On June 11, 2007, the Planning Commission approved Conditional Use Permit
No. 2007-10 as conditioned by a vote of 5:0 (Betancourt, De La Torre
absent) to construct a 60-foot tall wireless facility designed as a
church tower at Saint Barbara Parish in the Open Space (O) zoning
district at 730% South Euclid 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.
ay M. Trevino
E cutive Director
Planning & Building Agency
ME:rb
me\reports\cup07-10.T-Mobile church tower.cc
31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JUNE 11, 2007
TITLE:
PUBLIC HEARING - FILED BY TRILLIUM
CONSULTING FOR CONDITIONAL USE PERMIT
NO. 2007-10 TO CONSTRUCT A 60-FOOT
WIRELESS FACILITY AT ST. BARBARA PARISH
AT 730'/. SOUTH EUCLID STREET
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Prepared by Marvin Ellenbecker
Executive Director Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2007-10 as
conditioned.
Request of Applicant
Trillium Consulting, representing T-Mobile, is requesting approval of
Conditional Use Permit No. 2007-10 to allow the construction of a
wireless facility designed as a church tower at St. Barbara Parish
located at 730% South Euclid Street.
Property Description
The property is located within the Open Space (O) zoning district and has
a General Plan land use designation of Institutional (INS) (Exhibit 1).
The property is bounded by a neighborhood retail center to the north, St.
Barbara church school to the west and south, and multi-family residential
to the east and north (Exhibit 2). The subject property is approximately
.82 acres in size, rectangular in shape and improved with a church.
Project Description
T-Mobile is proposing to install a 60-foot wireless telecommunications
facility designed as a church tower at St. Barbara Parish (Exhibit 3).
The facility will house 12 panel antennas (three sectors of four
antennas). T-Mobile will lease approximately 125 square feet for an
equipment area that will be screened by a new wall and a partial roof to
EXHIBIT A
31 A-2
Conditional Use Permit No. 2007-10
June 11, 2007
Page 2
to match the symmetry of the church building. A 24-inch box size
Flowering Pear and Indian Hawthorn shrubs will be added to the existing
landscape (Exhibit 4). The existing church speakers located on the roof
of the church will be relocated into the proposed church tower. The
church tower matches the design and construction materials of the existing
parish and is located at a prominent setting just to the north of the
church structure near the intersection of Euclid Street and McFadden
Avenue (Exhibits 5 and 6).
Analysis of the Issues
In July 1998, the Planning Commission and City Council adopted an
ordinance regulating 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 adjacent to an existing church
building and designed as a church tower that matches the architecture of
the church building. The telecommunication equipment is screened behind a
wall that matches the exterior architecture of the church and additional
landscaping has been added to the site.
The applicant has explored alternatives to the church tower 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 for T-Mobile and the adjacent properties are primarily
residential which does not allow this type of use. The 60-foot tall
facility is needed in order to improve cellular coverage and increase call
capacity and quality because it is located in an area with limited access
for wireless users. The proposed cellular antenna will provide a benefit
to Santa Ana residents, businesses and motorists who subscribe to T-Mobile
by closing service gaps in the area and providing additional calling
capacity. Equipment for the monopine will be screened by a new wall with
a partial roof for compatibility with the existing church building. All
wiring and conduit will be underground or hidden in the interior of the
proposed church tower. The proposed wireless facility complies with the
City's Wireless Communications Facility Ordinance and will provide needed
service to the west section of the City. The proposed upgrades and
screening are required to accommodate the T-Mobile wireless facility
antennas from public view.
Based upon the above analysis and findings, staff recommends that the
Planning Commission approve Conditional Use Permit No. 2007-10 as
conditioned.
31 A-3
Conditional Use
June 11, 2007
Page 3
CEQA Compliance
Permit No. 2007-10
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. 2006-180 will be filed for this project.
~O.)v......___.
Marvin Ellenbecker
Landscape Development Associate
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KO- 6/1/07
RESOLUTION NO. 2007-25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2007-10 TO ALLOW THE
CONSTRUCTION OF A WIRELESS FACILITY AT THE
PROPERTY LOCATED AT 730 '/4 SOUTH EUCLID
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. 2007-10 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
June 11, 2007.
B. Conditional Use Permit No. 2007-10 has been filed with the City of Santa
Ana seeking to allow the construction of a wireless facility designed as a
church tower at the property located at 730 3/< South Euclid 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 the
community?
The proposed 60-foot church tower will provide a service to
Santa Ana residents, businesses and motorists who
subscribe to T-Mobile services by reducing gaps in digital
cellular service and providing additional calling capacity for
its users, especially for those users traveling within the west
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. 2007-25
Page 1 of 7
31A-11
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 church tower, in conjunction with the existing
landscaping, will be compatible with the surrounding area
and will not adversely affect the economic viability of the
area. The stealth appearance will be the major solution to
maintaining and increasing the economic stability for this
predominantly residential area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The existing 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 monopine 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 Institutional (INS)
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. 2006-180 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2007-10 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the above said hearing, which includes but is not limited to: the Request for Planning
Resolution No. 2007-25
Page 2 of 7
31A-12
Commission Action dated June 11.2007 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 11th day of June, 2007 by the following vote:
AYES: Commissioners: Alderete, Gartner, Leo, Mill, Munoz (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Betancourt, De La Torre (2)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
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. 2007-25 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 11, 2007.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2007-25
Page 3 of 7
31A-13
Conditions for Approval for Conditional Use Permit No. 2007-10
Conditional Use Permit No. 2007-10 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 rip or 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 of the
Development Review Committee for the development project (DP No.
2006-66).
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 wireless facility designed as a church tower shall be
constructed as per approved plans and the existing landscaping shall be
protected in place during the construction period on and around the
proposed 60-foot facility.
4. The proposed church tower shall be approved with the following
requirements:
a) The new antennas shall be camouflaged within the proposed church
tower and all cables and other equipment shall be screened from
public view.
b) Construct a new wall and partial roof to match the existing church
building to screen equipment cabinets or locate the equipment
cabinets inside the proposed church tower.
c) The church tower structure shall be completely enclosed from the
base to the top of the structure and designed to match the existing
architecture of St. Barbara Church.
Resolution No. 2007-25
Exhibit A Page 4 of 7
31A-14
5. The permit applicant recognizes that the frequencies used by the cellular
facility located at 7303/4 South Euclid 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.
6. 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.
7. 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 aDivision-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
8. 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.
9. 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 a-mail
address of that person shall be provided to the City's designated
representative upon activation of the facility.
10. 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
Resolution No. 2007-25
Page 5 of 7
31A-15
the failure of any lessee or other users under the control of permit
applicant to comply.
11. The permit applicant shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
12. The proposed wireless communication structure must be engineered to
allow the colocation of other service providers.
13. 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.
14. The property owner shall be responsible for removal of any graffiti to the
split face block walls around the perimeter of the property. Graffiti removal
must be done within 24 hours of the occurrence.
15. Conditional Use Permit No. 2007-10 expires five years from the date of
City Council approval.
Resolution No. 2007-25
Page 6 of 7
31A-16
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.
I served the foregoing document described as: Resolution No. 2007-25
Conditional Use Permit No. 2007-10) in this action by p acing a true copy t ereof
enc ose In sea a enve opes a ressed as follows:
Jason Kozora
Trillium Consulting (T-Mobile)
5912 Bolsa Avenue, Suite 202
Huntington Beach, CA 92649.
[ ] 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 RAMIREZ
Resolution No. 2007-25
Page 7 of 7
31A-17
31A-18