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Home My WebLink About31A - CUP 2010-02 - 1209 EAST WAKEHAM AVENUE REQUEST FOR a COUNCIL ACTION ~ h. CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 17, 2010 TITLE: APPROVED ? As Recommended CONDITIONAL USE PERMIT N0.2010-02 FORA ? As Amended 60-FOOT HIGH MONOPINE WIRELESS FACILITY ? Ordinance on 1S` Reading ? Ordinance on 2nd Reading AT 1209 EAST WAKEHAM AVENUE -SEQUOIA ? Implementing Resolution DEPLOYMENT SERVICES, APPLICANT ? Set Public Hearing For n CONTINUED TO ,l ~ . ~~1-Zc.~,~ D ? ~i - FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2010-02 as conditioned. PLANNING COMMISSION ACTION On April 12, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010-02 as conditioned by a vote of 7:0 to allow the construction of a 60-foot high monopine for T-Mobile in the Light Industrial (M-1) zoning district at 1209 East Wakeham Avenue. 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. ~ ~ r J~y .Trevino Executive Director Planning & Building Agency LDY:rb IdyVeports\CUP 2010\cup 10-02 T-Mobile 1209 E. Wakeham.cc Exhibit: A. Planning Commission Staff Report 31 A-1 i 31 A-2 REQUEST FOR Planning Commission Action _ PLANNING COMMISSION MEETING DATE: ~4,' , PLANNING COMMISSION SECRETARY APRIL 12, 2010 TITLE: APPROVED PUBLIC HEARING -FILED BY SEQUOIA ? As Amendedended DEPLOYMENT SERVICES FOR CONDITIONAL ? Set Public Hearing For USE PERMIT N0.2010-02 FORA 60-FOOT DENIED HIGH MONOPINE WIRELESS FACILITY ? Applicant's Request AT 1209 EAST WAKEHAM AVENUE ? Staff Recommendation CONTINUED TO Prepared by Larry D. Yen lin ~Gtc~ cutive Director Planning Man ger RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2010-02 as conditioned. DISCUSSION Reauest of Applicant Sequoia Deployment Services, representing T-Mobile, is requesting approval of a conditional use permit to allow the construction of a 60-foot high monopine at 1209 East Wakeham 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 on the west side of South Grand Avenue off of East Wakeham Avenue, which is a dead-end street. The entire area consists of industrial uses (Exhibit 2). The subject property is owned by Grand Wakeham LLC, and is the location for Envelopments, Inc., and is approximately .83 acres in size, rectangular in shape and improved with an industrial building. Project Description T-Mobile is proposing to construct a 60-foot high wireless facility stealthed as a monopine. This facility will provide increased cellular coverage and call capacity in this area. The branches will reach a height of 65 feet to look like a natural tree. Equipment will be installed in a small area at the very back of the site and enclosed by a seven-foot high wrought iron enclosure at the base of the tree. Climbing vines will be planted around the enclosure and a new pine tree will be planted at the front of the enclosure (Exhibits 3 through 6). EXHIBIT A 31 A-3 CUP No. 2010-02 April 12, 2010 Page 2 The proposed wireless facility will be for three arrays with four panel antennas on each side, for a total of 12 panel antennas which will be camouflaged as a Canary Island Pine Tree to be located within the base enclosure. The leased site is behind the industrial building at the very back corner of the property almost 300 feet back from the street. The entire east side of the property is the wall of an adjacent building and other industrial buildings surround this site. Analysis of the Issues In July 1998, the 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. These antennas also require the approval of a conditional use permit. A monopine design will provide the greatest stealth for this facility in this area. The facility is located in an industrial area and is not near residential uses. In addition, the structure will be designed to allow co-location by another provider. Further, all wiring and conduit will be underground or hidden within the interior of the monopole. The applicant has explored alternatives to this monopine, including providing a roof mounted facility on the existing building and co-locating on another facility. The height of the building does not provide the necessary height for transmission and there are no facilities close enough to provide the necessary coverage and capacity that T-Mobile requires. A facility designed as a monopine would provide the best stealth possible for this location, This location is also optimum to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to T-Mobile by closing service gaps in the area. Equipment for the facility will be located in a new enclosure at the base of this monopine and will be screened with a wrought iron fence and additional landscaping. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. The project is consistent with the goals and objectives of the General Plan. Further, the project has been designed to accommodate potential future users on this facility. Based upon the above analysis and findings, staff recommends approval of Conditional Use Permit No. 2010-02 as conditioned. CUP No. 2010-02 April 12, 2010 Page 3 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. 2009-151 will be filed for this project. w Lar D. Yenglin, AI P Vince Frego , AIC Associate Planner Principal Planner LDY: jm Idylreports\CUP 20101cup t0-02 T-Mobile 1209 E. 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A W ~qq~~~Q~ ~ ~ ~ ~ ~ ~ ~a ~ ~ gya~ ~ g a ~aa x,oew.. awon-. n T> .o-.~, I ~ @@PIT~~~Sf~ Y~ ~ ~ ~ ~ ~ ~ g~ ~ ~~~¢QRp q~~ $ Z siwdn aro~~ aaa+wa n ~ ~ 3giE ~p~Ya~ ~ ~ ~ W ~ ~ ~ E ea~~¦ ~S~ wu~w a~-i ®moua ro• y3gL i2 p i . n~ asu~-i asonw vi Q~ .[~F~~~~r ~E d~ k g i ~F Z CUP 10-2 EXHIBIT 6 -~'TA= ~ 1 31 A-12 ko:4/6/10 RESOLUTION NO. 2010-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-02 TO ALLOW A 60-FOOT HIGH MONOPINE WIRELESS FACILITY FOR THE PROPERTY LOCATED AT 1209 EAST WAKEHAM 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. Conditional Use Permit No. 2010-02 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on April 12,2010. B. Conditional Use Permit No. 2010-02 has been filed with the City of Santa Ana seeking to allow a 60-foot high monopine wireless facility at for the property located at 1209 East Wakeham Avenue. 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 tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to T-Mobile services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the 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? Resolution No. 2010-06 Page 1 of 6 31 A-13 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 proposed 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 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. 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. 2009-151 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2010-02 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 Commission Action dated April 12, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2010-06 Page 2 of 6 31A-14 ADOPTED this 12th day of April, 2010 by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. 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. 2010-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 12, 2010. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2010-06 Page 3 of 6 31 A-15 Conditions for Approval for Conditional Use Permit No. 2010-02 Conditional Use Permit No. 2010-02 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 applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP 2009-56). 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. 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. f. Branches should have an upward sweep similar to that of actual Canary Island Pines. Resolution No. 2010-06 Page 4 of 6 31 A-16 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. 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." Shrouds on the outside of the pole are not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. Two live pine trees, each a minimum 36-inch box, are to be planted to the west and south of the monopine to provide additional stealthing of this facility. 6. The permit applicant recognizes that the frequencies used by the cellular facility located at 1209 East Wakeham 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 Resolution No. 2010-06 Page5of6 31 A-17 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 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. 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. Locate all equipment and related appurtenances (Appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 14. Conditional Use Permit No. 2010-02 expires 10 years from the date of City Council approval. Resolution No. 2010-06 Page 6 of 6 31 A-18