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HomeMy WebLinkAbout2008-031 - Approving Conditional Use Permit No. 2006-08 KO- 4/28/08 RESOLUTION NO. 2008-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-08 TO ALLOW A 60-FOOT TALL CELLULAR MONOPINE AT 2210 NORTH GRAND AVENUE 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. Applicant is requesting approval of Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08 to rezone a property from Single Family Residential (R-1) to Arterial Commercial (C-5) and construct a 60- foot high cellular antenna for Sprint PCS and T-Mobile at 2210 North Grand Avenue. B. On April 14, 2008, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2006- 02. 2. Adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned. C. On May 5, 2008 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral on Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08. D. Conditional Use Permit No. 2006-08 has been filed with the City of Santa Ana seeking to allow a 60-foot tall cellular monopine at 2210 North Grand Avenue. E. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. F. 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 monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS and T-Mobile wireless services Resolution No. 2008-031 Page 1 of 8 by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the northeast 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? 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 commercial 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 approval of Amendment Application No. 2006-02 will make this property consistent with other commercial zoning along Grand Avenue and the General Commercial designation of the Santa Ana General Plan. 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 General Commercial (GC) General Plan designation. G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the Resolution No. 2008-031 Page 2 of 8 construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review Nos. 2005-129 and 2007-31 will be filed for this project. Section 2. The City Council after conducting the public hearing hereby approves Conditional Use Permit No. 2006-08 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 City Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2764 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this 5th day of Mav, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Assist Resolution No. 2008-031 Page 3 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY. Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-031 to be the original resolution adopted by the City Council of the City of Santa Ana on Mav 5. 2008. Date: 0"'-'/ 2...- D'if Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2008-031 Page 4 of 8 Conditions for Approval for Conditional Use Permit No. 2006-08 Conditional Use Permit No. 2006-08 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 California Building Standards 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 development projects (DP No. 05-44 and DP No. 07-12). 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. Provide one 48-inch box Paperbark Tree, (Melaleuca leucadendra), and 40 five-gallon size Photinia fraserii shrubs along the perimeter of the existing Southern California Edison fence as shown on the site plan. 4. Provide four 24-inch box Hollywood Juniper Trees (Juniperus chinensis 'Torulosa') along the east and west edges of the leased areas as shown on the site plan. 5. Provide an eight-foot high wrought iron fence to screen the equipment cabinets. Metal mesh screening shall be attached to the wrought iron fence. 6. Provide 15 five-gallon size Photinia fraserii as a hedge along the south edge of the new wrought iron fence as shown on the site plan. 7. The proposed monopine shall be constructed per the following specifications: a) The monopine should have 3.1 branches per foot for a full density coverage with limited spacing between the branches - 70 percent of the branches should be eight-foot or longer. Exhibit A Resolution No. 2008-031 Page 5 of 8 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. 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) A sample of 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. j) All "stand-off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k) Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I) Show the location of the GPS antenna on all elevations. m) Provide a "unistrut" detail for the utility cabinet; an "H-frame" is not acceptable. n) Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure." The sleeving should go underground through the caisson; shrouds on the outside of the pole are not acceptable. All utilities, coaxial and conduit, for the project should be designed to be underground; this should eliminate the need for an "ice bridge." Resolution No. 2008-031 Page 6 of 8 0) All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. p) If a permanent generator is located on-site, it must meet all local and regional requirements. 8. The permit applicant recognizes that the frequencies used by the cellular facility located at 2210 North Grand 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. 9. 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. 10. 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. 11. 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. 12. 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 the City's designated representative upon activation of the facility. Resolution No. 2008-031 Page 7 of 8 13. 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. 14. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 15. The proposed wireless communication structure must be engineered to allow the co-location of other service providers. 16. 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. 17. Conditional Use Permit No. 2006-08 expires 10 years from the date of City Council approval. 18. Sprint PCS and T-Mobile, the lessees for the wireless facility, agree to remove any graffiti on the proposed equipment cabinets and wrought iron perimeter fence. Graffiti removal must be done within 24 hours from occurrence. Resolution No. 2008-031 Page 8 of 8