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HomeMy WebLinkAbout31A - CUP - 620 W WARNER AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 4, 2011 TITLE: CONDITIONAL USE PERMIT NO. 2010-23 TO ALLOW A 60-FOOT HIGH WIRELESS FACILITY AT 620 WEST WARNER AVENUE - TRILLIUM CONSULTING, INC., APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2010-23 as conditioned. PLANNING COMMISSION ACTION On December 13, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010-23 as conditioned by a vote of 6:0 (Turner absent) to allow the construction of a 60-foot high wireless facility stealthed as a monopine located at 620 West Warner Avenue in the Light Industrial (M1) zoning district. The Planning Commission modified Condition No. 4 to require the installation of vines, with irrigation, on the wall and/or fence located along the west property line if feasible (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja . Trevino Executive Director Planning & Building Agency VF:jm vf\reports\cup10-23 Wobile.cc Exhibit: A. Planning Commission Staff Report 31A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2010 TITLE: PUBLIC HEARING - FILED BY TRILLIUM CONSULTING, INC. FOR CONDITIONAL USE PERMIT NO. 2010-23 TO ALLOW A 60-FOOT HIGH WIRELESS FACILITY AT 620 WEST WARNER AVENUE Prepared by Vince Fregoso - (N? Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Lo-A.Q Planning Manager Adopt a resolution approving Conditional Use Permit No. 2010-23 as conditioned. DISCUSSION Request of Applicant Trillium Consulting, Inc., representing T-Mobile, is requesting approval of a conditional use permit to allow the construction of a 60-foot high wireless facility stealthed as a monopine at 620 West Warner Avenue. Property Description The subject property is approximately 1.5 acres in size, square shaped and improved with a 33,200 square foot industrial building. The property is located on the southeast corner of Warner Avenue and Flower Street. The property is located within the Light Industrial (M-1) zoning district and has a General Plan land use designation of Industrial (IND). Surrounding land uses include a vacant lot, single-family residential and an elementary school to the north, industrial to the south and east, and single-family residential to the west (Exhibits 1 and 2). Project Description T-Mobile is proposing to construct a 60-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 53-foot height of the antennas for a maximum height of 60 feet. Equipment for the wireless facility will be installed within an existing side yard at the west of the existing building (Exhibits 3, 4 and 5). 2 31A-2 CUP No. 2010-23 December 13, 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, a wrought iron fence with vines will be installed around the wireless facility and support equipment. 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. Also, 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, decorative wrought iron fencing will be used to secure the wireless equipment. Second, vines will be planted adjacent to the wrought iron fencing to deter graffiti. Third, the north elevation will be painted due to graffiti to have a consistent appearance. Finally, the parking lot will be repaired, reslurried and restriped to current City standards. 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 residential/industrial and will be installed on the west side of the building, adjacent to a County Flood Control Channel. 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. Finally, all associated wiring and conduit for the facility will be underground or hidden within the interior of the monopine. 31A-3 CUP No. 2010-23 December 13, 2010 Page 3 The applicant has explored alternatives to this monopine, including providing a roof mounted facility on an existing building in the area, co-locating on another facility, or locating at a different site. The heights of the buildings (predominantly one story) in the immediate area do not provide the necessary height to provide adequate service. Further, the closest wireless facility in the area was too far from T-Mobile's coverage area and would require the approval of an additional facility to meet their service needs. Finally, other properties in the area were reviewed for this facility. However, these properties were either nonconforming related to parking, had size constraints and could not accommodate a wireless facility, or were not interested in the proposed facility. The proposed monopine will be located on the west side of the existing building, will be 170 feet from the closest single-family residential uses, and will be separated from the residential by the flood control channel and Flower Street. 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. "fhe 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 side of the building and will be screened by wrought iron and vines. 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. 2010-23 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. 2009-191 will be filed for this project. 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G fn - .. W$ 2 5 S Q ?_ r Cc) xt g ?r + m W s <? N i I a ?t_ r e a d L Q ? . 35 ui e. L s C ?O Cl. a a?? r W 12 31A-10 ROH - 12/13/10 RESOLUTION NO. 2010-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-23 TO ALLOW A 60-FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 620 WEST WARNER 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. 2010-23 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 13, 2010. B. Conditional Use Permit No. 2010-23 has been filed with the City of Santa Ana seeking to allow a 60-foot high wireless facility stealthed as a monopine on the property located at 620 West Warner Avenue. C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless communication facilities established in the City of Santa Ana. 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 southern and central sectors 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. 2010-19 Page 1 of 7 31 A-11 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 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 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 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. 2009-191 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2010-23 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 December 13, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of December, 2010 by the following vote: Resolution No. 2010-19 Page 2 of 7 31 A-12 AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Walters, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2010-19 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 13. 2010. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2010-19 Page 3of7 31 A-13 Conditions for Approval for Conditional Use Permit No. 2010-23 Conditional Use Permit No. 2010-23 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 2009-69). 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 60-foot monopine facility. 4. Install vines, with irrigation, on the exterior wall and/or fence of the of the west property line, if feasible. (Amended by Planning Commission, December 13, 2010) 5. Repaint the north elevation of the building to be consistent with the paint scheme of the other building elevations in order to remove the graffiti from the building. 6. The parking lot shall be repaired, reslurried and restriped to comply with current City standards. 7. 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. Resolution No. 2010-19 Page 4of7 31A-14 CUP NO. 2010-23 DECEMBER 13, 2010 PAGE 2OF4 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. 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). 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. 2010-19 Page 5of7 31 A-15 CUP NO. 2010-23 DECEMBER 13, 2010 PAGE 3 OF 4 8. The permit applicant recognizes that the frequencies used by the cellular facility located at 620 West Warner 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. 2010-19 Page 6 of 7 31 A-16 CUP NO. 2010-23 DECEMBER 13, 2010 PAGE 4OF4 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. 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. 16. Conditional Use Permit No. 2010-23 expires 10 years from the date of City Council approval. Resolution No. 2010-19 Page 7of7 31 A-17 31 A-18