HomeMy WebLinkAbout31A - CONDITIONAL USE PERMIT COASTAL BUSINESS GROUPREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 7, 2010
TITLE:
CONDITIONAL USE PERMIT NO. 2010-11 TO
ALLOW A 56-FOOT HIGH MONOPINE
WIRELESS FACILITY AT 2151 EAST SANTA
CLARA AVENUE - COASTAL BUSINESS
GROUP, APPLICANT
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 approving Conditional Use Permit No. 2010-11 as conditioned.
PLANNING COMMISSION ACTION
On August 9, 2010, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2010-11 as conditioned by a vote of 5:0 (Betancourt and Gartner absent) to allow the
construction of a 56-foot high wireless facility stealthed as a monopine at 2151 East Santa Clara
Avenue located in the Arterial Commercial (C5) zoning district. The Planning Commission added
a condition of approval that requires the planting of one 36-inch box pine tree adjacent to the new
trash enclosure (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Jays . Trevino
Executive Director
Planning & Building Agency
VF:rb
Areports\CUP10-11 2151 Santa Clara=
Exhibit: 1. Planning Commission Staff Report
31A-1
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
AUGUST 9, 2010
TITLE:
PUBLIC HEARING - FILED BY COASTAL
BUSINESS GROUP FOR CONDITIONAL USE
PERMIT NO. 2010-11 TO ALLOW A 56-FOOT
HIGH MONOPINE WIRELESS FACILITY AT
2151 EAST SANTA CLARA AVENUE
Prepared by Vince Fregoso
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
Planning Mana r
Adopt a resolution approving Conditional Use Permit No. 2010-11 as conditioned.
DISCUSSION
Request of Applicant
Coastal Business Group, representing T-Mobile, is requesting approval of a conditional use permit
to allow the construction of a 56-foot high wireless facility stealthed as a monopine at 2151 East
Santa Clara Avenue.
Property Description
The subject property is approximately 0.35 acres in size, square shaped and improved with an 1,800
square foot commercial building occupied by a mini market. The property is located on the east side
of Tustin Avenue and one lot east of the northeast corner of Tustin and Santa Clara Avenues. The
property is located within the Arterial Commercial (C-5) zoning district and has a General Plan land
use designation of General Commercial (GC). Surrounding land uses include commercial to the
north, commercial and residential to the south, multi-family residential to the east, and commercial to
the west (Exhibits 1 and 2).
Project Description
T-Mobile is proposing to construct a 56-foot high wireless facility stealthed as a monopine. This
facility is intended to provide increased cellular coverage and call capacity in this area of the City. To
give the monopine the appearance of a natural tree, the facility has been designed to have branches
extend above the antennas that will reach a maximum height of 65 feet. Equipment for the wireless
facility will be installed within a 10-foot wide yard area at the rear (north) of the existing building.
Further, a 36-inch box pine tree will be installed west of the facility to assist with the stealthing of the
monopine (Exhibits 3, 4 and 5).
3
31A-3
CUP No. 2010-11
August 9, 2010
Page 2
The proposed wireless facility will contain three arrays with four panel antennas on each side, for a
total of 12 panel antennas. A GPS and parabolic antenna will also be located on the monopine,
which will be camouflaged as a Canary Island Pine Tree. Additionally, repaving and restriping of the
parking lot and a new trash enclosure, built to City standards, will be installed.
Analysis of the Issues
In July 1998, the City Council adopted an ordinance that regulates wireless communication facilities
throughout the City. Major wireless facilities, which are ground mounted facilities such as the one
proposed, or roof mounted and higher than 10 feet above the roof of a building, are required to have
a stealth design and be located in an area that provides the greatest amount of visual screening.
Further, these major facilities require the approval of a conditional use permit. Finally, Section 41-
198.4 of the Santa Ana Municipal Code identifies several site improvements that may be required at
sites with major wireless facilities. These improvements include:
1. Landscaping around the base of the facility, including vines, groundcover and a 24 inch box
tree;
2. Decorative fencing (wrought iron or block) around the facility;
3. A six-foot high solid wall between the facility and property zoned or used for residential;
4. One parking space, if on-site parking is not available;
5. Repairing, repaving and restriping of a parking lot which is in poor condition;
6. The repainting of buildings on a site; and,
7. The construction of a new trash enclosure.
Several improvements are proposed for the site that will bring the site into compliance with the
wireless communications facility ordinance. First, a 36-inch box Canary Island pine tree will be
planted near to assist in the stealthing of the monopine. Second, decorative wrought iron fencing will
be used to secure the wireless equipment. Third, the existing parking lot will be repaired, repaved
and restriped to comply with City standards. Finally, a new trash enclosure, with vines planted to
deter graffiti, will be installed for use by the mini market. The remaining items were found to be in
compliance with the requirements of the wireless facilities ordinance.
A monopine will provide the best stealth design for this facility. The facility is located along a
commercial corridor and will be installed on the west side of the building, away from the multi-family
residential uses east of the site. Within the corridor, there is a mixture of pine, palm and broad leaf
trees. The pine tree design will easily blend into the area and will be designed to allow for future co-
location by another provider. Of the various tree designs, the pine tree has been found to be the
solution that best stealth's the equipment needed by additional wireless providers. Finally, all
associated wiring and conduit for the facility will be underground or hidden within the interior of the
monopine.
31A-4
CUP No. 2010-11
August 9, 2010
Page 3
The applicant has explored alternatives to this monopine, including providing a roof mounted facility
on an existing building in the area and co-locating on another facility. The heights of the buildings
(predominantly one story) in the immediate area do not provide the necessary height to provide
adequate service. Also, there are no wireless facilities close enough to provide the necessary
coverage and capacity that T-Mobile requires. The proposed monopine will be located on the west
side of the existing building and will be separated from the multi-family residential uses located to the
east. 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 rear of the building and will be screened by block walls. 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. Based upon the above analysis and findings, staff recommends that
the Planning Commission approve Conditional Use Permit No. 2010-11 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. 2009-186
will be filed for this project.
1
Vince Fregoso ICP
Principal Plann
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vf\reports\CUP10-11 2151 Santa Clara.pc
31A-5
Al GENERAL AGRICULTURAL
-B PARKING MODIFICATION
Ct COMMUNITY COMMERCIAL
Cl-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT
C2 GENERAL COMMERCIAL
C3 CENTRAL BUSINESS
03-A CENTRAL BUSINESS-ARTISTS' VILLAGE
C4 PLANNED SHOPPING CENTER
C5 ARTERIAL COMMERCIAL
CR COMMERCIAL RESIDENTIAL
C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT
-F FLOOR AREA RATIO
GC GOVERNMENT CENTER
M1 LIGHT INDUSTRIAL
M2 HEAVY INDUSTRIAL
MO MILITARY OPERATIONS
0 OPEN SPACE
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PD PLANNED DEVELOPMENT
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R2 TWO-FAMILY RESIDENCE
R3 MULTIPLE-FAMILY RESIDENCE
R4 SUBURBAN APARTMENT
RE RESIDENTIAL ESTATE
SD SPECIFIC DEVELOPMENT
SP SPECIFIC PLAN
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31 A-10
Photo simulation of proposed monopine (looking northeast at project site)
CUP 10-11
EXHIBIT 5
31 A-11
JF 8/9/10
RESOLUTION NO. 2010-10
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2010-11 TO ALLOW A 56-FOOT HIGH
MONOPINE WIRELESS FACILITY AT 2151 EAST SANTA
CLARA 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. 2010-11 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
August 9, 2010.
B. Conditional Use Permit No. 2010-11 has been filed with the City of Santa
Ana seeking to allow the construction of a 56-foot high monopine wireless
facility at 2151 East Santa Clara.
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.
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 56-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
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
Resolution No. 2010-10
Page 1 of 7
31 A-12
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 new live pine
tree and required site improvements, will be compatible with
the surrounding area and will not adversely affect the
economic viability in the area. The stealth appearance and
site upgrades will be the major solution to maintaining and
increasing the economic stability for this commercial corridor.
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 General Commercial (GC)
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 infill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2008-220 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2010-11 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 August 9, 2010 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
Resolution No. 2010-10
Page 2 of 7
31 A-13
ADOPTED this 9th day of August, 2010 by the following vote:
AYES: Commissioners: Acosta, Alderete, Turner, Walters, Yrarrazaval (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Betancourt, Gartner (2)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
APPROVED AS TO FORM:
By:
Joseph W. Fletcher, City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2010-10 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on August 9, 2010.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2010-10
Page 3 of 7
31A-14
Conditions for Approval for Conditional Use Permit No. 2010-11
Conditional Use Permit No. 2010-11 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 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. Planning Division
1. The applicant must comply with all conditions and requirements of the Development
Review Committee for the development project (DP 2009-64).
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 any existing
landscaping shall be protected in place during the construction period for the 56-foot
monopine facility.
4. The existing parking lot shall be repaired, repaved and restriped to City standards.
5. Repaint the portions of the west side of the building (previously graffiti) with paint that
matches the existing building.
6. Install vines, with irrigation, on the exterior of the trash enclosure.
7. Revise the plans to depict the removal of the doghouse from the exterior of the pole
structure. All conduit and wiring must be located within the interior of the pole.
8. 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.
Resolution No. 2010-10
Page 4 of 7
31 A-15
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. Full bark cladding with a custom color should be submitted for approval prior to
fabrication.
L 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).
1. 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.
Resolution No. 2010-10
Page 5 of 7
31 A-16
9. The permit applicant recognizes that the frequencies used by the cellular facility
located at 2151 East Santa Clara 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
Resolution No. 2010-10
Page 6 of 7
31 A-17
15. The permit applicant shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
16. 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.
17. A 36-inch box pine tree, with irrigation, shall be planted adjacent to the
new trash enclosure.
18. Conditional Use Permit No. 2010-11 expires 10 years from the date of City
Council approval.
Resolution No. 2010-10
Page 7 of 7
31 A-18