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Home My WebLink About31D - CUP - 1200 N TUSTIN AVElip CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: CONDITIONAL USE PERMIT NO, 2016.16 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR VERiZON WIRELESS AT 1200 NORTH TUSTIN AVENUE CORE DEVELOPMENT SERVICES, APPLICANT (STRATEGIC PLAN NO. 3, 2)� CLERK OF COUNCIL USE ONLY; F-ITMIET67rcral 0 As Recommended [� As Amended ❑ Ordinance on i "Reading ® Ordinance on 2"tl Reading El implementing Resolution ❑ Set Public Hearing For CONTiNUEDTO /o -6 -/S FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2015 -16 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on August 24, 2015 by a vote of 5:0 (Gartner & Nalle absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -16 as conditioned to allow a 60 -foot high major wireless facility at 1200 North Tustin Avenue located in the Professional (P) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Verizon Wireless is proposing to construct a 60 -foot high wireless facility disguised as a eucalyptus tree (mono - eucalyptus). This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower will be designed to have branches that will extend seven feet above the antennas to a maximum height of 60 feet, Equipment for the wireless facility will be installed within a 16- foot by 10 -foot enclosure with eight foot high block wails and vinyl shake siding that matches the siding used on the existing building on the site. The mono - eucalyptus and equipment enclosure will be located at the center of the site along the north elevation of the existing building, Four 36- inch box eucalyptus trees will be Installed to assist with the stealthing of the mono - eucalyptus, with vines planted along the block wails of the equipment enclosure to further screen the facility. The proposed wireless facility will have three sectors Containing four panel antennas per sector, 12 remote radio units, two surge protection units and one microwave antenna mounted to the mono- eucalyptus, and all ancillary equipment and one DC generator will be installed within the proposed enclosure. Full sized site plans are available for public viewing In the Clerk of the Council Office. 31 D -1 Conditional Use Permit No, 2015 -16 September 15, 2015 Page 2 vj. :..4 W q. lY 1 _4,z N. Approval of this item supports the City's efforts to meet Coal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal Impact assoelated with this action. r assan Haghani,`AICP Executive Director Planning & Building Agency RS: rb R&Reports \CUP 2019x1911200 North Tustin Ave, Varizon Maim Monoeuaalyptus,00 Exhibit: A, Planning Commission Staff Report 31 D -2 REQUEST FOR ••7�1�titIF.R • r�'�s3.�irL�:iit�fH�T��I AUGUST 24, 2015 TITLE: PUBLIC HEARING - FILED BY CORE DEVELOPMENT SERVICES FOR CONDITIONAL USE PERMIT NO. 2015 -16 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR VERIZON WIRELESS AT 1200 NORTH TUSTIN AVENUE {STRATEGIC PLAN NO. 3, 21 Prepared by Ricardo Soto — 3 xecu e C7irector PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2015 -16 as conditioned. Request of Applicant Core Development Services, representing Verizon Wireless, is requesting approval of a 60 -foot high major wireless facility disguised as a eucalyptus tree (mono - eucalyptus) at 1200 North Tustin Avenue. Major wireless communication facilities require approval of a conditional use permit pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description The project is proposed to be constructed on a 2.72 -acre parcel of land located on the northwest corner of Tustin and Wellington Avenues. The site is currently developed with a two story office building occupied with a mixture of professional and medical office uses. Land uses surrounding the site include multiple - family residential and commercial uses to the north, medical uses to the south and east, and professional office uses to the west (Exhibits 1, 2 and 3). Proiect Description Verizon Wireless is proposing to construct a 60 -foot high wireless facility disguised as a eucalyptus tree (mono - eucalyptus). This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower will be designed to have branches that will extend seven feet above the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within a 16 -foot by 10 -foot enclosure with eight foot high block walls and vinyl shake siding that matches the building. The mono - eucalyptus and equipment enclosure will be located at the center of the site along the north elevation of the existing building. Four 36 -inch box eucalyptus trees will be installed to the west of the facility to assist EXHIBIT A 31 D -3 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 2 with the stealthing of the mono - eucalyptus, with vines planted along the block walls of the equipment enclosure to further screen the facility. The proposed wireless facility will have three sectors containing four panel antennas per sector, 12 remote radio units, two surge protection units and one microwave antenna mounted to the mono - eucalyptus, and all ancillary equipment and one DC generator will be installed within the proposed enclosure (Exhibits 4, 5 and 6), Project Background The site was developed with the existing two -story office building in 1976. Since then, the site has been occupied by a mixture of professional and medical office uses. In December of 2014, Core Development Services, representing Verizon Wireless, submitted plans to install a new wireless facility at this location. After a review of the proposal, staff acknowledged that the submittal met all SAMC requirements for wireless facilities. + A The General Plan land use designation for the site is Professional and Administrative Office (PAO), which allows for professional and medical office uses. Uses such as wireless facilities are consistent with this General Plan land use designation, The zoning for the site is Professional (P). The Professional zoning district is a zone that also allows for professional and medical office 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 communication facilities such as the proposed Verizon Wireless facility 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 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 D -4 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 3 As part of the development project review portion of the project, staff worked with the applicant to identify improvements to be required in tandem with the proposed mono - eucalyptus and equipment enclosure. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of new trees and vines, to deter graffiti through the planting and maintenance of landscaping materials, to screen equipment and materials by locating them within an enclosure with eight foot high block walls and vinyl shake siding that matches the building, and to minimize the project's overall impacts on the surrounding community. 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 major wireless facility. The applicant has explored alternatives to this major wireless facility, including providing a roof mounted facility on an existing building in the area and co- locating on another facility. Nearby buildings in the immediate area are not located in coverage gaps and/or are not of sufficient height (predominantly one and two -story) to provide coverage between existing wireless facilities. The project will provide a service or facility which will contribute to the community. The proposed mono - eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to Verizon Wireless services by reducing the gaps in cellular service and providing additional calling capacity for its users in the northeast sector of Santa Ana. 31 D -5 Conditional Use Permit No. 2015 -16 August 24, 2015 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). Moreover, the nearest residential use is located over 300 linear feet from the site, further reducing any potential for impacts. The proposed mono - eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area, The stealth appearance, four live eucalyptus trees, and site enhancements will maintain and increase the economic stability for this commercial corridor by providing an additional service for business owners, workers, and residents in the area. Further, the stealth appearance and the planting of live eucalyptus trees will help the site blend in with existing mature eucalyptus trees that line the site along Tustin Avenue. 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 facility will be stealthed as a eucalyptus tree, will feature new and enhanced landscaping, will provide an equipment enclosure with shake siding that matches siding used on the existing building, and will comply with other standards outlined in the SAMC. The proposed mono - eucalyptus 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 Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed mono - eucalyptus. in addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed mono - eucalyptus is designed to minimize visual impact on the area by implementing stealth design and the planting of four eucalyptus trees to screen the facility. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. A facility disguised as a eucalyptus tree would provide the best stealth possible for this location. The facility is located within a site that is occupied by professional office uses. 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 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 mono - eucalyptus. 31 D -6 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 5 This location is also optimal 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 Wireless by closing service gaps and providing enhanced cellular service in the area. Equipment for the facility will be located within a new enclosure with vines planted along the block walls to assist in screening the wireless facility on the site. 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 that safeguard residents and workers in the area while encouraging land uses that accommodate the City's needs for services. Public Notification The project site is located near the eastern boundary of the City and is not near any neighborhood association. Staff contacted the City of Tustin to ensure that they were notified of this project and to identify any areas of concern. Tustin staff has identified no present concerns for this project. 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 and occupants 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 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; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, Categorical Exemption Environmental Review No. 2014 -149 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 D -7 Conditional Use Permit No. 2015 -16 August 24, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -16 as conditioned. Ridlgrdo Soto Assistant Planner I RS:jm RS:Reports\CLJP 2015 - 1811200 North Tusan Ave. Vedzon Wireless Monoeucalyptus.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 —Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations Exhibit 6 — Photo Simulations 31 D -8 SEVENTEENTH ST cs LM - + U C5 cl i cl R4 RRD 1� R I Rl x. 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F61V. s33' -l3" or *% 1 7 1°CbSRY6 42.6'2' HfLYI ` 9�r IiU:E 10 IL�.vU.M TOP UrP 1 ipP dr PR KMD WW M. *A � U4LWOL y, E %I3°NG CGNIREIE cbm dN9d1YJ L Na NIM$ VEI6ZCB "tLSs w MX 04=.WE Wdq mn 9+BBL w" EASMO fi<ALtltrj EAST ELEVATION °� I Gcut 11x17: 1•-d' 2iX3E: 11fl" t'- . 2 EXHIBIT 5 31 D -13 RS 8.24.15 RESOLUTION NO. 2015 -29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -16 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1200 NORTH TUSTIN 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. Applicant is requesting approval of Conditional Use Permit No. 2015 -16 to allow for the installation of a 60 foot tall major wireless facility at the property located at 1200 North Tustin Avenue. B. Santa Ana Municipal Code Section 41- 198.3(b) requires approval of a conditional use permit for the installation of major wireless facilities. C. On August 24, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -16. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -16 to allow for the installation of a major wireless facility: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The project will provide a service or facility which will contribute to the community. The proposed mono - eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to Verizon Wireless services by reducing the gaps in cellular service and providing additional calling capacity for its users in the northeast sector of Santa Ana. 2. 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. Resolution No. 2015 -29 Page 1 of 7 31 D -15 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). Moreover, the nearest residential use is located over 300 linear feet from the site, further reducing any potential for impacts. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed mono - eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance, four live eucalyptus trees, and site enhancements will maintain and increase the economic stability for this commercial corridor by providing an additional service for business owners, workers, and residents in the area. Further, the stealth appearance and the planting of live eucalyptus trees will help the site blend in with existing mature eucalyptus trees that line the site along Tustin Avenue. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. 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 facility will be stealthed as a eucalyptus tree, will feature new and enhanced landscaping, will provide an equipment enclosure with shake siding that matches siding used on the existing building, and will comply with other standards outlined in the SAMC. 5. 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. The proposed mono - eucalyptus 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 Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be Resolution No. 2015 -29 Page 2 of 7 31 D -16 served by the proposed mono - eucalyptus. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed mono - eucalyptus is designed to minimize visual impact on the area by implementing stealth design and the planting of four eucalyptus trees to screen the facility. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. E. In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15303. The Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic or safety concerns. Categorical Exemption Environmental Review No. 2014 -149 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -16 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1200 North Tustin Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 24, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2015 -29 Page 3 of 7 31 D -17 ADOPTED this 24th day of August, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Mill, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Nalle (2) ABSTENTIONS: Commissioners: None (0) James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 24, 2015. Date: Planning Commission Secretary City of Santa Ana 31 D -18 Resolution No. 2015 -29 Page 4 of 7 EXHIBITA Conditions of Approval for Conditional Use Permit No. 2015 -16 Conditional Use Permit No. 2015 -16 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 approval. 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. 2014 -50). 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 mono - eucalyptus shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot high wireless facility. 4. The proposed monopole shall be maintained per the following specifications: a. The mono - eucalyptus facility 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. Resolution No. 2015 -29 Page 5 of 7 31 D -19 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 an actual deciduous or broadleaf tree. g. Branch foliage color should be an olive green with some brown leaves to match an actual deciduous or broadleaf tree. A sample shall 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 "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). I. 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. Resolution No. 2015 -29 Page 6 of 7 31 D -20 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. Conditional Use Permit No. 2015 -16 expires 10 years from the date of City Council approval. Resolution No. 2015 -29 Page 7 of 7 31 D -21 31 D -22