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HomeMy WebLinkAbout31A - CUP - 2624 S HICKORY STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: CONDITIONAL USE PERMIT NO. 2011-06 TO ALLOW A 57-FOOT HIGH MONOPINE WIRELESS FACILITY FOR VERIZON WIRELESS AT 2624 SOUTH HICKORY STREET - CORE COMMUNICATIONS, APPLICANT cvr??' &0.- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" 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. 2011-06 as conditioned. PLANNING COMMISSION ACTION On May 9, 2011, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2011-06 as conditioned by a vote of 7:0 to allow the construction of a 57-foot high wireless facility stealthed as a monopine for Verizon Wireless in the Light Industrial (M1) zoning district at 2624 South Hickory Street. 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. ELY= Jay M. Trevino Executive Director Planning & Building Agency VF:rb Areports\CUP\CUP11-06 Verizon.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQU EST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 9, 2011 TITLE: PUBLIC HEARING - FILED BY CORE COMMUNICATIONS FOR CONDITIONAL USE PERMIT NO. 2011-06 TO ALLOW A 57-FOOT HIGH MONOPINE WIRELESS FACILITY FOR VERIZON WIRELESS AT 2624 SOUTH HICKORY STREET Prepared by Vince Fregoso &LA k luqz Executive Dire or RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO A? Planning Man er Adopt a resolution approving Conditional Use Permit No. 2011-06 as conditioned. DISCUSSION Request of Applicant Core Communications, representing Verizon Wireless, is requesting approval of a conditional use permit to allow the construction of a 57-foot high wireless facility stealthed as a monopine at 2624 South Hickory Street. Project Location and Site Description The project is proposed to be constructed on a 0.84-acre (36,590 square foot) parcel of land located on South Hickory Street, just south of Goetz Street. The site is currently improved with a 10,900 square foot industrial building that is occupied by Minuteman Pumping. Land uses surrounding the site include industrial and warehouse uses to the north, south, east and west (Exhibits 1 and 2). Project Description Verizon is proposing to construct a 57-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 that will extend three feet above.the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within a 20-foot by 30-foot yard area at the rear (south) of the existing building. Further, two 36-inch box Canary Island Pine trees will be installed east of the facility to assist with the stealthing of the monopine (Exhibits 3, 4 and 5). Exhibit A 31A-3 1 CUP No. 2011-06 May 9, 2011 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 new trash enclosure, built to City standards, will be installed. Proiect Background The site is occupied by Minuteman Pumping, an industrial plumbing business that specializes in the servicing of septic tanks and restaurant grease collection systems. Minuteman will be leasing a 600 square foot area at the southeast section of their site to Verizon for the installation of the cell tower and related equipment. General Plan and Zoning Consistency The General Plan land use designation for the site is industrial (IND), which allows for manufacturing and industrial uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Light Industrial (M-1). also allows for manufacturing, industrial and consistent with the zoning designation. The Light Industrial zoning district is a zone that warehouse uses. The proposed use is also Project Analysis In July 1998, the City Council adopted Ordinance No. NS-2356, which established regulations for 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 (SAMC) 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. 31A-4 CUP No. 2011-06 May 9, 2011 Page 3 Conditional Use Permits are governed by Section 41-638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. Section 41-198.5(b) of the SAMC establishes site selection order of preference criteria for wireless facilities. These provisions require the exploration of various options before proposing a new monopole. 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 Verizon requires. Site improvements are proposed for the site that will bring the site into compliance with the wireless communications facility ordinance. First, two 36-inch box Canary Island Pine tree will be planted near the facility to assist in the stealthing of the monopine. Second, decorative wrought iron fencing will be used to secure the wireless equipment. Finally, a new trash enclosure will be installed that complies with the City standards. The remaining items were found to be in compliance with the requirements of the wireless facilities ordinance. • The project will provide a service or facility which will contribute to the community. The proposed monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon's services by reducing the gaps in cellular service and providing additional calling capacity for its users in the south central sector of Santa Ana. 31A-5 CUP No. 2011-06 May 9, 2011 Page 4 • The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). • The proposed monopine, in conjunction with the new live pine trees and 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 enhancements will maintain and increase the economic stability for this commercial corridor. • The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. • The proposed monopine 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 land use designation. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. A facility designed as a monopine would provide the best stealth possible for this location. The facility is located within an industrial district and will be installed on the south side of the building, away from other industrial buildings. Within the corridor, there is a mixture of pine 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. All associated wiring and conduit for the facility will be underground or hidden within the interior of the monopine. 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 Verizon 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 wrought iron fencing. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan, including Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for services. Public Notification The project site is located within the boundaries of the Delhi Neighborhood Association. The co- presidents of this Association were notified by mail 10 days prior to this public hearing. In addition, staff contacted the co-presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association co- presidents, nor was there a request that the applicant present the project to a meeting of their members. 31A-6 CUP No. 2011-06 May 9, 2011 Page 5 The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 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. 2009-85 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2011-06 as conditioned. Vince Freg o, At P Principal Planner VF:jm vAreports\CUP\CUP11-06 Verizon.pc Attachments: Exhibit 1 -Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Site Plan Exhibit 4 - Elevations Exhibit 5 - Photo Simulation 31A-7 r .ti +'LJU I,J wU ELJI U U U U L_1 LJ LJ AVE. 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C c 9 s a? 0i W Z W E3 I E3 W 0 N P < u zz z n PW 2 Ot 3 31 A-15 c a) C C. 4n? ? 6Ln ?mq 0. r)j LW 1 Z W E3 Y El LLW r a r N a V Z L jh W h Y Y C h t O Y V tll a n m N ftp3 of 3 31 A-16 31 A-17 ROH - 05/09/11 RESOLUTION NO. 2011-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-06 TO ALLOW A 57-FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 2624 SOUTH HICKORY STREET 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. 2011-06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 9, 2011. B. Conditional Use Permit No. 2011-06 has been filed with the City of Santa Ana seeking to allow a 57-foot high wireless facility stealthed as a monopine on the property located at 2624 South Hickory Street. 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 57-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon's services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the south 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. 2011-07 Page 1 of 7 31 A-18 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 new live pine trees 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 Industrial (IND) General Plan land use designation. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for services. 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. 2009-85 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Conditional Use Permit No. 2011-06 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 9, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2011-07 Page 2 of 7 31 A-19 ADOPTED this 9th day of AYES: Commissioners: NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners May , 2011 by the following vote: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval (7) None (0) None (0) None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph A. Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY Turner, I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2011-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 9, 2011. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2011-07 Page 3of7 31A-20 Conditions for Approval for Conditional Use Permit No. 2011-06 Conditional Use Permit No. 2011-06 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 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 2009-34). 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 57-foot monopine facility. 4. Prior to issuance of an electrical meter, construct a new trash enclosure for the building. 5. 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. Resolution No. 2011-07 Page 4 of 7 31A-21 CUP NO. 2011-06 MAY 9, 2011 PAGE 2OF4 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. 6. The permit applicant recognizes that the frequencies used by the cellular facility located at 2624 South Hickory Street 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 Resolution No. 2011-07 Page 5of7 31A-22 CUP NO. 2011-06 MAY 9, 2011 PAGE 3 OF 4 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. 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 e-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. Resolution No. 2011-07 Page 6 of 7 31A-23 CUP NO. 2011-06 MAY 9, 2011 PAGE 4OF4 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. 2011-06 expires 10 years from the date of City Council approval. Resolution No. 2011-07 Page 7of7 31A-24