HomeMy WebLinkAbout31A - CUP 2200 3-4 E MCFADDENREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 17, 2008
TITLE:
AMEND CONDITIONAL USE PERMIT NO.
2006-02 TO COLOCATE ON AN EXISITNG
WIRELESS FACILITY AT 2200'/. EAST
MCFADDEN AVENUE - METRO PCS,
APPLICANT
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report amending Conditional Use Permit No.
2006-02 as conditioned.
PLANNING COMMISSION ACTION
On October 13, 2008, the Planning Commission adopted a resolution
amending Conditional Use Permit No. 2006-02 as conditioned by a vote of
5:0 (Gartner and Yrarrazaval absent) to co-locate on an existing wireless
facility camouflaged as a pine tree at 2200% East McFadden Avenue in the
Light Industrial (M-1) zoning district. 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.
J M. Trevino
xecutive Director
Planning & Building Agency
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31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 13, 2008
TITLE:
PUBLIC HEARING - FILED BY JACKIE LE FOR
METRO PCS TO AMEND CONDITIONAL USE PERMIT
NO. 2006-02 TO COLOCATE ON AN EXISITNG
WIRELESS FACILITY AT 2200 EAST MCFADDEN
AVENUE
Prepared by Marvin Ellenbecker
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
~Q.(O .t
Planning Manager
Adopt a resolution approving amendment to Conditional Use Permit No.
2006-02 as conditioned.
DISCUSSION
Request of Applicant
Jackie Le, representing Metro PCS, is requesting approval to amend
Conditional Use Permit No. 2006-02 to colocate on an existing wireless
facility at 2200 East McFadden Avenue.
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 the SR55 (Newport Freeway) to the east (Exhibit 2).
The subject property is owned by Public Storage, Inc. and is approximately
8.04 acres in size, rectangular in shape and improved as a public storage
facility.
Project Description
Metro PCS proposes to lease 240 square feet of space to colocate on an
existing wireless facility and construct equipment cabinets on the subject
property. The property is currently used as a public storage facility.
The existing wireless facility is camouflaged as a 50-foot Canary Island
Pine Tree. Metro PCS proposes to extend the height of the wireless
EXHBIIT A
31 A-2
Amend Conditional Use Permit No. 2006-02
October 13, 2008
Page 2
facility to 60 feet and colocate below the existing carrier, Sprint PCS.
Metro PCS would add a total of six new antennas, one antenna per sector
plus a microwave dish to the monopine. The existing Sprint PCS antennas
would move to the top position on the monopine (Exhibits 3,4 and 5).
The equipment cabinets will be enclosed by a six-foot eight-inch high
block wall using the same rock aggregate materials as the existing Sprint
equipment enclosure and the storage building exterior. The wrought iron
door to the equipment area would match the existing door on the Sprint PCS
equipment enclosure. The site is screened at the east and south edges of
the property abutting the freeway entrance/exit with mature pine trees.
Any existing trees within the leased area would be relocated or replaced
with 48-inch box size Canary Island Pine trees. Metro PCS would use the
public access to gain entry to the site.
Analysis of the Issues
In 1998, the City 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 a block wall that matches the existing storage facility and
Sprint PCS equipment room. Any existing pine trees in the leased area
would be relocated or replaced with 48-inch box Canary Island Pines to
provide additional visual screening. The proposed 10-foot addition to the
existing monopine is designed to allow for colocation of the existing
wireless provider, Sprint PCS and the second provider, Metro PCS.
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 Metro PCS. The proposed addition to the wireless
facility will provide a benefit to Santa Ana residents, businesses and
motorists who subscribe to Metro PCS by closing service gaps in the area
and providing additional calling capacity. Equipment for the monopine
will be screened by a decorative block wall within the leased area. All
wiring and conduit will be underground, overhead within the rafters of the
existing building, or hidden in the interior of the enclosure. The
proposed wireless facility complies with the City's Wireless
Communications Facility Ordinance and will provide needed service to the
east central section of the City.
31 A-3
Amend Conditional Use Permit No. 2006-02
October 13, 2008
Page 3
Based upon the above analysis and findings, staff recommends that the
Planning Commission approve an amendment to Conditional Use Permit No.
2006-02 as conditioned.
CEQA Compliance
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. 2008-35 will be filed for this project.
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Marvin Ellenbecker
Landscape Development Associate
Vince Fre so, ICP
Principal 1 ner
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31 A-4
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PROJECT SITE
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AMENDMENT TO CUP 06-2 ~
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~~~~ 2200 spa EAST MC FADDEN AVENUE
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P L A N N I N G A N D B U I L D I N G A G E N C Y
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P L A N N I N G A N D B U I L D I N G A G E N C Y
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RESOLUTION NO. 2008-29
TJ 10/6/08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA AMENDING CONDITIONAL USE
PERMIT NO. 2006-02 AS CONDITIONED TO ALLOW THE
COLOCATION ON AN EXISTING WIRELESS FACILITY AT
2200 3/4 EAST MCFADDEN AVENUE
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. On February 27, 2006, the Planning Commission of the City of Santa Ana
approved Conditional Use Permit No. 2006-02 to construct a 50-foot high
wireless facility on the property located at 2200 3/4 East McFadden
Avenue.
B. The applicant is requesting the amendment to Conditional Use Permit No.
2006-02 to allow a 10-foot height extension to, and coloration on, the
existing 50-foot high wireless facility on the property located at 2200 3/4
East McFadden Avenue.
C. The Planning Commission held a duly noticed public hearing on October 13,
2008, on Conditional Use Permit No. 2006-02 to allow the 10-foot extension
to, and coloration on, the existing 50-foot high wireless communication
facility located at 2200 3/4 East McFadden Avenue.
D. Santa Ana Municipal Code Section 41-198.3(b) requires a conditional use
permit for major wireless facilities in the City.
E. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
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 10-foot addition to the existing 50-foot tall
cellular monopine and coloration on this facility will provide a
service to Santa Ana residents, businesses and motorists
who subscribe to Metro PCS wireless services by reducing
Resolution No. 2008-29
Page 1 of 7
31 A-10
the gaps in digital cellular service and providing additional
calling capacity for its users, especially for those users
traveling within the east central 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 10-foot addition to the existing 50-foot tall
cellular monopine and coloration on this facility, 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 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 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 Industrial (IND) General
Plan designation.
F. 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
Resolution No. 2008-29
Page 2 of 7
31 A-11
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2008-35 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing
hereby approves the amendment to Conditional Use Permit No. 2006-02 as conditioned
in Exhibit "A" attached hereto and incorporated herein for the property located at 2200 3/.
East McFadden Avenue. This decision is based upon the evidence submitted at the
above said hearing, which includes but is not limited to: the Request for Planning
Commission Action dated October 13, 2008, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 13th day of October, 2008 by the following vote:
AYES: Commissioners: Alderete, Betancourt, De La Torre, Leo, Mill (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Gartner, Yrarrazaval (2)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Teresa L. Judd
Deputy City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2008-29 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on October 13, 2008.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2008-29
Page 3 of 7
31 A-12
Conditions for Approval for the Amendment to
Conditional Use Permit No. 2006-02
The amendment to Conditional Use Permit No. 2006-02 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 applicant must comply in full with each and every condition listed below rior 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 10-foot addition to the existing monopine should be coordinated with
Cell Trees Inc., the original manufacturer.
2. The specifications for the monopine wireless facility are as follows and
should be added to the site plan prior to submittal into building plan check.
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 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.
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.
Resolution No. 2008-29
Page 4 of 7
E3~Ibi4A13
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 of 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).
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."
o. All exterior conduit and electrical meters shall be installed and
screened in one metal enclosure painted to match the structure.
3. Each major wireless communication facility approved pursuant to the
Santa Ana Wireless Communications Ordinance (Section 198-198.13 of
the Santa Ana Municipal Code) shall be approved for a period not to
exceed 10 years.
4. Provide a map showing existing locations of all other wireless
communication facilities, and a before and after coverage for the specific
location.
5. The new equipment cabinets shall be screened by a six-foot, eight-inch
high block wall using the same rock aggregate materials as the Sprint
equipment enclosure and the exterior of the existing building. The
wrought iron door shall include a metal mesh screening to match the door
to the Sprint equipment enclosure
6. Clarify that Keynote No. 9 "coax cable vertical ladder," is not similar to an
ice bridge.
7. Prior to submittal into building plan check, provide a note on the plans
stating:
Resolution No. 2008-29
Page 5 of 7
31A-14
a) All utilities, coaxial, and conduit for the project should be designed
to be underground; this should eliminate the need for an "ice
bridge."
b) All exterior conduit and electrical meters shall be installed and
screened in one metal enclosure painted to match the structure.
c) 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 2200 East McFadden 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.
Resolution No. 2008-29
Page 6 of 7
31 A-15
12. The permit applicant will provide a "single point of contact" in its
Engineering and Maintenance Departments to ensure 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.
13. The permit applicant shall ensure 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 colocation 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. Metro PCS, the lessee for the wireless facility, agrees to remove any
graffiti on the proposed equipment cabinet and wrought iron perimeter
fence. Graffiti removal must be done within 24 hours from occurrence.
18. Relocate or replace any existing Canary Island Pine trees that are located
within the scope of work. If the trees cannot be relocated, they must be
replaced in kind with 48-inch box size Canary Island Pine trees planted in
the vicinity near the project.
Resolution No. 2008-29
Page 7 of 7
31 A-16