HomeMy WebLinkAbout31B - CUP - 1301 EAST WARNER AVENUE
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 21, 2012
TITLE: APPROVED
? As Recommended
CONDITIONAL USE PERMIT NO. 2011-25 TO ? As Amended
ALLOW A 60-FOOT HIGH WIRELESS El Ordinance on n Reading
FACILITY FOR AT&T WIRELESS AT 1301 ? Ordinance on Reading
? Implementing Re Resolution
EAST WARNER AVENUE - TRILLIUM ? Set Public Hearing For
COMMUNICATIONS, APPLICANT
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No. 2011-25 as conditioned.
PLANNING COMMISSION ACTION
On January 23, 2012, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2011-25 as conditioned by a vote of 6:0 (Turner absent) to allow the construction of a
60-foot high wireless facility stealthed as a eucalyptus tree at 1301 East Warner Avenue located
in the Light Industrial (M1) zoning district. 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.
J 1. Trevino
Executive Director
Planning & Building Agency
VF:rb
Areports\CURCUP11-25 AT&T.cc
Exhibit: A. Planning Commission Staff Report
31 B-1
31 B-2
REQUEST FOR
Planning Commission Action
-y
PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY
JANUARY 23, 2012 APPROVED
TITLE: 11 As Recommended
PUBLIC HEARING - FILED BY TRILLIUM O As Amended
COMMUNICATIONS FOR CONDITIONAL USE O Set Public Hearing For
PERMIT NO. 2011-25 TO ALLOW A 60-FOOT DENIED
HIGH WIRELESS FACILITY FOR AT&T WIRELESS D Applicant's Request
AT 1301 EAST WARNER AVENUE 0 Staff Recommendation
CONTINUED TO
Prepared by Vince Fregoso
Executive Director Planning Man er
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2011-25 as conditioned.
DISCUSSION
Request of Applicant
Trillium Consulting, Inc., representing AT&T Wireless, is requesting approval of a conditional use
permit to allow the construction of a 60-foot high wireless facility disguised as a eucalyptus tree at
1301 East Warner Avenue.
Proiect Location and Site Description
The project is proposed to be constructed on a 2.12-acre (92,275 square foot) parcel of land located
on East Warner Avenue, just west of Hathaway Street. The site is currently improved with a
56,243 square foot industrial building that is occupied by Goodwill Industries as a distribution
warehouse. Land uses surrounding the site include industrial and warehouse uses to the north,
south, east and west, as well as active rail lines to the west that are designated open space
(Exhibits 1 and 2).
Prolect Description
AT&T is proposing to construct a 60-foot high wireless facility disguised as a eucalyptus tree. 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 16-foot yard area at the rear (west) of the existing
building. Further, two 36-inch box eucalyptus trees will be installed north and south of the facility to
assist with the stealthing of the monopole (Exhibits 3, 4 and 5).
EXHIBIT A
31 B-3
CUP No. 2011-25
January 23, 2012
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 monopole.
Proiect Background
The site is owned by Gates Warner LLC and is occupied by Goodwill Industries for warehouse and
distribution purposes. Gates Warner will be leasing a 320 square foot area at the northwest
section of their site to AT&T for the installation of the cell tower and related equipment.
In April 2011, Trillium Consulting, Inc. submitted plans for the wireless facility. After subsequent
review, staff recommended moving the monopole and equipment area to the rear of the property,
away from Warner Avenue to assist with the stealthing of the facility. Resubmittals for the project
now comply with staff's request, with the wireless facility at the rear of the property.
General Plan and Zoning Consistencv
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). The Light Industrial zoning district is a zone that
also allows for manufacturing, industrial and warehouse uses. The proposed use is also
consistent with the zoning designation.
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.
31 B-4
CUP No. 2011-25
January 23, 2012
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 AT&T 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 eucalyptus trees will be planted near the
facility to assist in the stealthing of the monopole. Second, decorative vines will be planted along the
chain link fence that will be used to secure the wireless equipment. Finally, the building will be
repainted as necessary to remove graffiti. 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 AT&T'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.
31 B-5
CUP No. 2011-25
January 23, 2012
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 monopole, in conjunction with the new live eucalyptus 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 monopole 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 disguised as a eucalyptus tree monopole 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 tree
species. The eucalyptus 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 eucalyptus tree is a design
that can 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 monopole.
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 AT&T by closing service gaps in the area. Equipment for the facility will
be located within a new enclosure inside of the building, with vines planted on the existing fence to
assist in screening the wireless facility. 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 not located within the boundaries of a Neighborhood Association. 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.
31 B-6
CUP No. 2011-25
January 23, 2012
Page 5
CEQA Compliance
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. 2012-2 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. 2011-25 as conditioned.
Vince Fregoso AICP
Principal Plan r
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vfteportslCURCUP11-25 AT&T.012312.pc
Attachments:
Exhibit 1 - Vicinity Map
Exhibit 2 - Land Use Map
Exhibit 3 - Site Plan
Exhibit 4 - Elevations
Exhibit 5 - Photo Simulation
Exhibit 6 - Typical eucalyptus monopole photos
31 B-7
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EXHIBIT 5
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Photographs of existing eucalyptus monopoles at Tewinkle Park in Costa Mesa
EXHIBIT 6
31 B-19
31 B-20
ROH - 01/23/12
RESOLUTION NO. 2012-01
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2011-25 TO ALLOW A 60-FOOT HIGH
WIRELESS FACILITY ON THE PROPERTY LOCATED AT
1301 EAST 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. 2011-25 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
January 23, 2012.
B. Conditional Use Permit No. 2011-25 has been filed with the City of Santa
Ana seeking to allow a 60-foot high wireless facility disguised as a
eucalyptus tree on the property located at 1301 East 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 eucalyptus-disguised cellular
monopole will provide a service to Santa Ana residents,
businesses and motorists who subscribe to AT&T'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?
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
Resolution No. 2012-01
Page 1 of 6
31B-21
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 facility, in conjunction with the new eucalyptus
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 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. 2012-2 will be filed for this project.
Section 2. The Planning Commission, after conducting the public hearing,
hereby approves Conditional Use Permit No. 2011-25 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 January 23, 2012, and exhibits attached thereto;
and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 23rd day of January, 2012 by the following vote:
Resolution No. 2012-01
31 B-22 Page 2 of 6
AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle,
Yrarrazaval(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Turner (1)
ABSTENTIONS: Commissioners: 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
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2012-01 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on January 23, 2012.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2012-01
Page 3 of 6
31 B-23
Conditions for Approval for Conditional Use Permit No 2011-25
Conditional Use Permit No. 2011-25 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 No.
2011-8).
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 monopole shall be constructed as per approved plans and
any existing landscaping shall be protected in place during the construction
period for the 60-foot tower facility.
4. The proposed monopole 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 a sweep similar to that of an actual
Eucalyptus Tree.
g. Branch foliage color should be an olive green with some other
appropriate coloring to match an actual Eucalyptus Tree. A sample
shall be submitted for approval prior to fabrication.
Resolution No. 2012-01
31 B-24 Page 4 of 6
h. Full bark cladding with a custom color should be submitted for
approval prior to fabrication.
i. All antennas shall be covered with "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.
5. 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.
6. 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.
7. 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.
8. The permit applicant shall provide a coverage and cell site location map for
each existing and proposed facility in Santa Ana.
9. 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.
10. Locate all proposed ladders on the interior of the building or inside the lease
area within the building.
Resolution No. 2012-01
Page 5 of 6
31 B-25
11. The existing building shall be repainted. The applicant shall submit paint
color samples for the repainting to the Planning Division.
12. Conditional Use Permit No. 2011-25 expires 10 years from the date of City
Council approval.
Resolution No. 2012-01
31 B-26 Page 6 of 6