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HomeMy WebLinkAbout2007-23u RESOLUTION NO.2007-23 KO- 5/7/06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-06 TO INSTALL CELLULAR ANTENNAS WITHIN A ROOF MOUNTED DOME AT THE PROPERTY AT 5111 WEST EDINGER 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. 2007-06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 14, 2007. B. Conditional Use Permit No. 2007-06 has been filed with the City of Santa Ana seeking to allow the installation of cellular antennas within a roof • mounted dome at the property located at 5111 West Edinger 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. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed roof mounted dome with hidden cellular antennas will provide a service to Santa Ana residents, businesses and motorists who subscribe to T-Mobile wireless service by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling in the southwest portion of the City and surrounding area. 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. 2007-23 Page 1 of 8 • 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 cellular facility will be compatible with the surrounding area and will not adversely affect the economic viability in the area as the cellular antennas are hidden from view within a roof mounted dome that is compatible with the color and material of building awnings, which are a prominent architectural feature of the shopping center. The antennas will reduce service gaps in cellular service and providing additional calling capacity for its users, especially for those users traveling in the southwest portion of the city. Investment in the property will benefit future economic development of properties in the surrounding area. • 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The municipal code sets forth an order of preference with regard to the location of cellular antennas. The first choice is to locate these facilities on a building with screening that is compatible with architecture, color, texture, and/or materials of a building. In the case of the proposed project, the antennas are screened within a roof mounted dome that matches the color and material of building awnings, which are a prominent architectural feature of the shopping center. In addition, City code requires that cellular facilities be located a minimum of 140 feet from property that is zoned or used for residential purposes. The proposed antennas meet this requirement as they are approximately 200 feet from residentially zoned property and further to the nearest house. 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. Resolution No. 2007-23 Page 2 of 8 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed roof mounted cellular facility will not adversely affect the General Plan as cellular facilities, designed to be compatible with the surrounding environment, are consistent with the goals and objectives of the General Commercial (GC) General Plan land use designation. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project 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. 2005-182 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-06 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 May 14. 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of May, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) ~~ Christop er Leo Chairman Resolution No. 2007-23 Page 3 of 8 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Ott Assistant ity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-23 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 14, 2007. Date: (p ~l' ~~ Pla ing Commis ecr ry City of Santa Ana Resolution No. 2007-23 Page 4 of 8 • Conditions for Approval for Conditional Use Permit No. 2007-06 Conditional Use Permit No. 2007-06 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. 2005-65). 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 cellular antennas shall be located within a roof mounted dome which shall be the same color and utilize the same materials as the shopping center awnings that they are intended to mimic. The antennas shall be painted the same color as the dome. 4. The height of the roof mounted dome shall not be higher than eight feet as measured from the top of the building parapet and no higher than 35 feet as measured from ground level. 5. The ground level equipment cabinets shall be located within a masonry enclosure with metal gates. The enclosure shall be finished and painted to match the materials and texture of the building. 6. There shall be no exterior meters, cabinets, equipment, conduit or related appurtenances visible on the building or outside of the equipment enclosure with the exception of cable trays that will run across the roof and be screened by the existing building parapet as the result of this installation. 7. Boston Ivy with associated irrigation shall be planted and maintained on . the equipment enclosure as shown on the approved plan. Resolution No. 2007-23 Page 5 of 8 8. The permit applicant recognizes that the frequencies used by the cellular facility located at 5111 West Edinger 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 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 insure that the lessee or other user(s) shall • comply with the terms and conditions of this permit, and shall be Resolution No. 2007-23 Page 6 of 8 • 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. 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. 16. The approval of Conditional Use Permit No. 2007-06 shall expire five years from the date of City Council approval. 17. The property owner shall be responsible for the removal of any graffiti on the shopping center site within 24 hours of the occurrence. Resolution No. 2007-23 Page 7 of 8 t 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 foregoingg document described as: Resolution No. 2007-23 (Conditional Use Permit No. 2007-06) in this action by p acing a rue copy ereof encTcfin sea a enve opes a ressed as follows: Sequoia Deployment Services, Inc. One Venture, Suite 200 Irvine, CA 92618 [ ] 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 June 12, 2007 at Santa Ana, California. MAR RAM I R • Resolution No. 2007-23 Page 8 of 8